HomeMy WebLinkAboutAGENDA REPORT 2010 0707 CC REG ITEM 10G ITEM 10.G.
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MOORPARK CITY COUNCIL �°" -'
AGENDA REPORT ,
TO: Honorable City Council
FROM: David A. Bobardt, Community Development it ctor
Prepared By: Joseph Fiss, Principal Planne
DATE: June 8, 2010 (CC Meeting of 7/07/2010)
SUBJECT: Consider Report of Annual Development Agreement 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 a Development Agreement 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 2008 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
July 7, 2010
Page 2
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 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 sooner.
• Shea has provided plans and improvement surety for 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 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.
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.
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)in
($8,895.00) per residential unit and Forty accordance with the Agreement. Fees must
Thousand Twenty-Eight Dollars($40,028.00)per be paid prior to issuance of Zoning Clearance
gross acre of institutional land. 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 Index
residential unit,and Twenty-Two Thousand,Eight in accordance with the Agreement. Fees
Hundred Thirty-Eight Dollars ($22,838.00) per must be paid prior to issuance of Zoning
acre of institutional land. Clearance for Building Permit. No Building
Permits have been issued.
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Honorable City Council
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NO. REQUIREMENT STATUS
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)in
($2,233.00) per residential unit, and Seven accordance with the Agreement. Fees must
Thousand Seventy Dollars($7,070.00)per gross be paid prior to issuance of Zoning Clearance
acre of institutional land. 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
A reement-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)in
Dollars ($8,240.00) for each residential dwelling accordance with the Agreement. Fees must
unit and Fifty Cents($.50)per square foot of each be paid prior to issuance of Zoning Clearance
building used for institutional purposes. for Building Permit. No Building Permits have
been issued.
8. Prior to Final Map recordation, confirmation from If determined necessary,these improvements
Ventura County Waterworks District No. 1 that will be included in the Water Works District
sufficient recycled water is available to serve No. 1 improvement plan package and will be
public and community owned landscape areas. bonded for prior to recordation of the Final
Design and construction of facilities required to Map. At the present time, no connection
deliver the reclaimed water to the project, and points exist within the vicinity of the project.
payment of any connection/meter fees required
by the District.
9. Provide nine (9) three (3) bedroom and two (2) Requirements to be included in Purchase and
bath single family attached units with a minimum Sale Agreement in accordance with
of 1,600 square feet to be sold to buyers who Attachment "C" of the Development
meet the criteria for low income (80 percent or Agreement.
less of 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 Development Agreement. The Purchase and
Developer's obligations of this subsection and Sale Agreement has not been executed.
City's obligations per Subsection 7.7
Deposit$120.00 for each dollar or portion thereof
of the monthly HOA fees that are in excess of No deposit has been submitted to date.
$100.00 into a City administered trust to assist
with future HOA fees for each affected affordable
unit.
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Honorable City Council
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NO. REQUIREMENT STATUS
Comply with purchase price requirements per the
To date the developer has complied.
Agreement.
Pay closing costs not to exceed six-thousand To date, no closing costs have been collected.
dollars$6,000.
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)in
($1,636.00) per residential unit, and for accordance with the Agreement. Fees must
institutional uses at a rate calculated by the be paid prior to issuance of Zoning Clearance
Community Development Department. 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 To date no assessment district has been
formation 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.
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 Zoning
Contribution (AOC) Fee. 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 to
City Engineer,for all public street improvements. be reviewed and approved by the City
Engineer.
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 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 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 date.
after compliance with all legal requirements.
20. In the event referenced indices are discontinued To date, referenced indices remain effective.
or revised successor indices shall be used.
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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Honorable City Council
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Page 5
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 developers cost, proceed to To date, no such request has been received.
acquire easements or fee title to land in order to
allow construction of required public improvements.
3. Authorization for the City Manager to sign an early No early grading permit has been requested
grading permit. 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.
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.
8. Agreement to facilitate reimbursement to developer To date, no such request has been received.
of any costs incurred that may be subject to partial
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
\\mor_pri_serv\Department Share\Community Development\ADMIMAGMTS\D A\2003-01 Shea\Reports\cc 100707.doc 253
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255
RECEIVED
She aHomes MAY -
Caring since 1581 5 2111n
CITY OF MOORPARK
April 30, 2010
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 2009, Shea Homes and RBF continued to work together to come up with solutions on
how to revise the Improvement Plans that were initially submitted to the City of Moorpark in
2006 but placed on hold following the FEMA Flood Insurance Study. There have been
extensive reviews by RBF on studying the size of the bypass storm drain necessary to route
breakout flows through the site. The size of the bypass storm drain is critical to the overall site
design because it will determine the final elevation of the pads. In early 2010, Shea Homes was
made aware that the City of Moorpark hired a consultant to review the FEMA studies that were
used to develop the 2010 D-FIRM and as part of this review, the consultant will be determining
the amount of water that will pass through Tract 5425 and the size of the bypass storm drain
pipe that will be stubbed into the project from the Los Angeles Ave improvements. As of April
30, 2010, we have an estimated size but are still waiting on final confirmation, which we are told
is expected in May 2010. In the meantime, RBF is coordinating with the Ventura County
Watershed Protection District to verify the bypass storm drain is an acceptable solution. Until
the size of the bypass storm drain pipe size is determined and approved by both agencies, RBF
cannot proceed with finalizing the Grading and Improvement Plans for Tract 5425.
In addition to the engineering, Shea Homes and Bassenian Lagoni Architects have been
reviewing the floorplans currently being used at Tract 5133 and originally planned for Tract
5425. During this review, it was determined that some improvements could be made to the
floorplans without significantly altering the footprints or elevations. These modifications will be
reviewed during the re-approval of the RPD. As a result of the changes to the floorplans, the
decision was made that we will open a new model complex for the homes at Tract 5425.
The recreation center at Tract 5425 was subject to a number of revisions throughout the past
year•as we determined the direction of the community. It was decided that the best location for
a recreation center to serve both tracts is at the corner of Majestic and Fremont. The recreation
1250 Corona Pointe Court
Suite 600 Shea Homes Limited Partnership&
Corona,CA 92879 Shea Homes Marketing Company
951.739 9700 T Independent member oft&Shea film ty ofevmpaniu
951.738.1758 F CC ATTACHMENT 3 256
center was approved by City Council on March 17, 2010 and plans were submitted in April. In
relocating the recreation center to this location, a total of 4 lots were eliminated so we are
reviewing the previous recreation center location to see if we can add back a couple of lots.
Our goal is to be in a position to record the Final Map at the end of 2010 and begin grading at
that time. If this schedules holds, we should be opening models by the end of 2011. The
recreation center that will ultimately serve both communities is scheduled to open end of 2010,
assuming we can obtain the necessary plan approvals from the City to start in mid June 2010.
If you have any questions, please do not hesitate to contact me at (951) 739-9718.
Sincerely,
Shea Homes Southern California
Brooke Thomas
Community Development Manager
257
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