HomeMy WebLinkAboutAGENDA REPORT 2010 1201 CC REG ITEM 10FITEM 10Y.
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MOORPARK CITY COUNCIL•��y-
AGENDA REPORT _ tom-; -
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planne
DATE: November 4, 2009 (CC Meeting of 12/01/2010)
SUBJECT: Consider Report of 2010 Annual Development Agreement Review,
Established in Connection with Moorpark Highlands Specific Plan No.
2, a Master Planned Community, Located East of Walnut Canyon Road
and North of Charles Street, on the Application of Pardee Homes (PA 1-
7) and KB Home (PA 8 -9)
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 October 6, 1999, the Moorpark City Council adopted Ordinance No. 263 (effective
November 5, 1999), approving a Development Agreement between the City of Moorpark
and Fountainwood Agoura (Morrison - Fountainwood- Agoura). The agreement was
approved in connection with Moorpark Highlands Specific Plan No. 2; a 445 -acre, master
planned community, located east of Walnut Canyon Road and north of Charles Street.
The agreement remains in full force and effect for 20 years from the operative date of the
agreement (until November 5, 2019), 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. The 2009 annual review was
completed on November 18, 2009. Pardee Homes is successor in title and current
developer of Planning Areas 1 through 7 of Specific Plan No. 2, which includes 322 single -
family residential units, (not including the 133 single family units recently approved in
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Honorable City Council
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Planning Area No. 7, which is subject to a separate Development Agreement), 102 multi-
family residential units, the open space areas, and a public park. Although Toll Brothers,
Inc. has purchased and intends to develop 132 single - family residences within Planning
Areas 8 and 9, Pardee Homes has retained responsibility for requirements of the
Development Agreement, and has therefore 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 following aspects of Specific Plan No. 2 were completed since the last Development
Agreement Annual review:
• Planning Area 1, Magnolia Lane, is completed with 95 units constructed, sold and
occupied.
• Planning Area 4, Shenandoah, is completed with 78 units constructed, sold, and
occupied.
• Planning Area 5, Waverly Place, is completed with 102 multi - family units
constructed, sold, and occupied.
• All underground utilities have been constructed. All of the project's public streets
have been paved, and the final "lift" of asphalt has been completed.
• The connection of Spring Road to Walnut Canyon Road, including operational traffic
signals and the final "lift" of asphalt, opened in February 2008.
• All storm drain and utility construction has been completed, and final street grades
have been established and paved in PA 8 and 9.
• The off -site Spring Road wall plans were approved by City Council and staff and
Pardee acquired rights -of -entry from property owners, and completed construction
of the wall and associated landscaping. The City accepted the maintenance
responsibility of the landscaping in February, 2008.
• Park improvements in PA 7 have been completed, and the park opened on July 29,
2009.
• KB Home constructed the model home complex for Planning Areas 8 and 9, which
includes three model homes, a parking area. Toll purchased the lots in these
planning areas and has reopened the models, installed a new sales trailer, and is
marketing the model complex for selling homes.
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The following aspects of Specific Plan No. 2 are currently underway:
Planning Area 2, Cherry Hill, has 31 houses constructed and occupied, and the
pool /recreation facility constructed and open to residents. There are 58 lots that
remain undeveloped at this time.
• Planning Area 3, Cherry Hill has 66 houses constructed and occupied, and the
pool /recreation facility constructed and open to residents. There are 10 lots that
remain undeveloped at this time.
Pardee submitted a Zoning Ordinance Amendment Case No. 2009 -01, to Specific
Plan No. 2, Residential Planned Development (RPD) Permit No. 2009 -02, Tentative
Tract Map No. 5860, Development Agreement applications on September 18, 2009.
The applications propose to amend Specific Plan No. 2, Moorpark Highlands, to
change Planning Area No. 7 from a school site to residential land use, Tentative
Tract Map No. 5860 intends to subdivide the 22 acre property into one- hundred-
thirty -three (133) single - family residential lots on property located at the southeast
corner of Ridgecrest Drive and Elk Run Loop, and west of Happy Camp Canyon
Regional Park, and Residential Planned Development Permit No. 2009 -02 intends
to develop 133 single family detached homes; the project includes a Development
Agreement. The applications were approved by the City Council onJuly ,7 2010.
Toll Brothers, Inc. acquired Planning Areas 8 and 9 from KB Home, on November
30, 2009.
Toll submitted an application for Modification No. 1 to RPD 2004 -02 and 03a
request for approval to add three new floor plans to the approved architecture and
adjust the plotting and unit mix, of 132 Single Family Homes in, Planning Areas 8
and 9 of Moorpark Highlands, (Tract 5045 -8). This was approved by the City
Council on November 17, 2010.
Toll is currently constructing five single family homes within Planning Areas 8 & 9.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include 32 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.
Compliance with Development Agreement,
project approvals and subsequent approvals.
To date the developer is in compliance with
this requirement.
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NO.
REQUIREMENT
STATUS
2.
Land dedicated to the Moorpark Unified School
An agreement with Moorpark Unified School
District (MUSD) to be deed restricted by covenant
District was reached on November 18, 2005.
to limit use of the land to school facilities for
In October, 2008, MUSD indicated it was no
kindergarten through 12'" grade.
longer interested in acquiring the site. This
action spurred further discussions by Pardee,
MUSD and the City. The result was City
Council's approval of a Memorandum of
Understanding, (MOU), between the City and
Pardee Homes, on April 1, 2009. The MOU
allowed Pardee Homes the ability to submit an
application for residential development of the
school site for a maximum of 225 residential
units. On September 18, 2009, Pardee
Homes filed a Specific Plan Amendment,
Development Agreement, Residential Planned
Development Permit and Tract Map No. 5860,
applications for 133 single family detached
housing units on Planning Area 7, the former
school site. The City Council approved the
project on J u ly 7, 2010.
3.
Lands and interests in dedicated lands to be free
The developer must provide clear title to any
of liens and encumbrances.
property required for dedications. Final maps
were reviewed for compliance with this
requirement prior to recordation.
4.
Payment of "Development Fees" of seven
These fees are adjusted annually (until paid)
thousand three hundred dollars ($7,300.00) per
using the Consumer Price Index (CPI) in
residential unit and thirty two thousand eight
accordance with the agreement. Fees must
hundred dollars ($32,800.00) per gross acre of
be paid prior to issuance of Zoning Clearance
institutional land.
for Building Permit. This fee has been paid
for all Zoning Clearances for Building Permits
which have been issued to date. Cost
indexing commenced one year after issuance
of first model home building permit, which was
issued August 18, 2005.
5.
Payment of "Citywide Traffic Fees" of four
These fees are adjusted annually (until paid)
thousand dollars ($4,000.00) per residential unit
using the State Highway Bid Price Index in
and eighteen thousand dollars ($18,000.00) per
accordance with the agreement. Fees must
acre of institutional land.
be paid prior to issuance of Zoning Clearance
for Building Permit. This fee has been paid for
all Zoning Clearances for Building Permits
which have been issued to date.
6.
Payment of "Community Service Fees" of five
These fees are adjusted annually (until paid)
hundred dollars ($500) per residential unit and
using the Consumer Price Index (CPI) in
two thousand two hundred fifty dollars ($2,250)
accordance with the agreement. Fees must
per gross acre of institutional land.
be paid prior to issuance of Zoning Clearance
for Building Permit. This fee has been paid for
all Zoning Clearances for Building Permits
which have been issued to date. .
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NO.
REQUIREMENT
STATUS
7.
Granting of a conservation easement to the City
The conservation easement was included on
to retain the Open Space lots within Planning
the Final Map for Tract No. 5045 -1.
Areas 10, 11, 14, 15 and 16, allowing only those
uses permitted in the Development Regulations of
the Specific Plan Open Space Zones.
8.
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.
9.
Dedication of approximately seven (7) acres of
Dedication of the park site was included on
parkland to the City, including construction of park
the Final Map for Tract No. 5045 -1. The
improvements, as detailed in the agreement.
improvements to the park are to be completed
prior to occupancy of the 3501" dwelling unit.
Prior to occupancy of the 500'h residential unit,
the developer shall also submit a cash deposit
of $350,000.00 to fund replacement of park
amenities. The park has been completed, and
officially opened to the public on July 29,
2009.
10.
Construct public streets adjacent to school and
Street improvements have been constructed,
park sites.
except for final pavement layer and bringing
manhole covers to grade. Spring Road was
completed February, 2008.
11.
Construct appropriately sized water line, pumping
At the present time, no connection points
facilities, and storage facilities for recycled water.
exist, or are planned within the vicinity of the
project.
12.
Dedication of greenbelt, open space areas,
The trails, greenbelts and open space areas
landscape areas, and trails to the City. Such
were included on the Final Maps for No. 5045 -
areas not dedicated to the City shall include a
1, -2, -3, -4 and -5, which have been recorded.
conservation easement to the City.
Final Maps for Tract No. 5045 -6 through 8
have also been approved by City Council and
recorded. The trails were also included on the
rough grading plan and landscape plans, but
the trails have not yet been accepted by the
City as part of the LMD acceptance and
turnover.
13.
Grant a conservation easement to the City for
The conservation easements were included
Planning Areas 12 and 13 to insure public open
on the Final Map for Tract No. 5045 -1.
space.
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NO.
REQUIREMENT
STATUS
14.
Prior to recordation of the first final map, provide
A Purchase and Sale Agreement in lieu of an
a City Council approved Affordable Housing
Affordable Housing Agreement has been
Implementation and Resale Restriction Plan
signed.
(Plan) with provisions for:
Construction of all the 102 housing units in PA
Buyers who meet the criteria for low income
5 is complete. This Planning Area is made up
(80% of median income):
of the multi - family tri -plex housing units, some
Twelve (12) three (3) bedroom and two (2)
of which contain affordable housing units; in
bath units no less than 1050 square feet in
compliance with the affordable housing criteria
size.
for the overall project,
Thirteen (13) four (4) bedroom and two (2)
Provision of the required twenty-five affordable
bath units at no less than 1425 square feet in
units has been satisfied. Three additional
size.
affordable units were provided to partially
satisfy the affordable housing requirements
related to development of Planning Area No.
7.
14.
Prior to occupancy of the first residential unit,
The $5,000.00 payment has been received.
Cont.
execute an Affordable Housing Agreement that
The Payment In -Lieu Fees are adjusted
incorporates the Plan.
annually (until paid) using the Consumer Price
Pay City's direct cost, up to five thousand dollars
Index (CPI) in accordance with the
($5,000.00) for preparation and review of the
agreement. Fees must be paid prior to
Implementation and Resale Restriction Plan and
issuance of Zoning Clearance for Building
Agreement.
Permit.
Payment of In -Lieu Fees of three thousand, five
The In -Lieu fee has been paid for all Zoning
hundred dollars ($3,580.00) per unit (for each of
Clearances for Building Permits which have
the dwelling units in the project).
been issued to date.
15.
Agreement to Mitigation Measures included in the
Community Development staff will provide the
Final Environmental Impact Report (EIR)
lead in Mitigation Monitoring. Air Quality Fees
including payment of "Air Quality Fee" to be
(TSM) will be calculated and collected prior to
calculated as a condition of the issuance of
Zoning Clearance for Building Permit. This fee
building permit for each unit.
(as calculated using URBEMIS) has been paid
for all Zoning Clearances for Building Permit
which have been issued to date.
16.
Installation of block wall fencing and landscape
The plans have been approved by staff and
screening along the east side of Spring Road
construction was completed in March, 2008.
along the rear of the homes on Sir George Court.
17.
Submit and gain approval from City Council of a
An Implementation Plan was approved by City
plan to guarantee the agreements contained in
Council on April 20, 2005. Pardee Homes has
Section 6.
retained responsibility for the items under the
plan, except for construction of the residential
units in Planning Areas 8 and 9.
18.
Install traffic signals as determined by the City.
Design of five (5) traffic signals were included
in a City contract, but paid for by Pardee. All
five (5) traffic signals, as approved and
permitted by the City, were constructed by
Pardee and four became fully operational in
February, 2008. The one internal traffic signal
which is installed and not yet operational is at
the intersection of Elk Run Loop and
Rid ecrest Drive.
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NO.
REQUIREMENT
STATUS
19.
Waive rights to any density bonus that would
To date, the developers have complied with
increase the number of dwelling units approved
this requirement.
per Specific Plan No. 2.
20.
Agreement to cast affirmative ballot for formation
To date, the developers have complied with
of an assessment district for maintenance of
this requirement.
parkway and median landscaping, street lighting,
and parks.
21.
Agreement to pay all City capital improvement,
To date, the developer has complied with this
development and processing fees.
requirement.
22.
Formation of one (1) or more property owners
These requirements have been included in the
associations to assume ownership and
CC &Rs prepared for the project. The CC &Rs
maintenance of open space land, trails, and other
were reviewed and approved by the City
amenities.
Attorney and staff prior to final recordation of
the CC &Rs.
23.
Provide irrevocable offer of dedication to the City
The offer was included on the Final Map for
for the future rights -of -way for State Route 23 and
Tract No. 5045 -1
State Route 118.
24.
Provide vehicular access to properties west of
These access rights are shown on Final Map
Spring Road.
Tract No. 5045 -1. A grant deed is required for
the private access easement. Final design of
access improvements are under review by
staff.
25.
Construct a solid block wall to replace existing
A noise study was completed using projected
block wall/wrought iron fence along the Spring
traffic counts for project build out and the
Road and Charles Street frontages (if deemed
study concluded that new sound wails would
necessary by the City).
not be required. The Community
Development Director concurred with the
recommendations of the report, and
determined that sound walls were not
required.
26.
Remove existing block walls/fences and construct
The off -site Spring Road wall plans were
a solid decorative block wall along the west side
approved by City Council and staff and
of Spring Road.
Pardee acquired rights -of -entry from property
owners, and completed construction of the
wall and associated landscaping. The City
accepted the maintenance responsibility of the
landscaping and wall in February, 2008.
27.
Provide irrevocable offer of dedication to the City
The offer of dedication for Princeton Avenue
for ultimate build out of "Old" Los Angeles Avenue
was included on Final Map of Tract No. 5045 -
(Princeton Avenue) improvements and Spring
1. All Spring Road improvements are being
Road improvements not required to be
constructed by Pardee, and required
constructed by the developer.
dedications have either been shown on the
final map or were acquired by Pardee for the
City by separate instrument.
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Page 8
NO.
REQUIREMENT
STATUS
28.
Acquire the property needed to improve the
The developer has acquired the necessary
intersection of Charles Street and Spring Road
property. Utility construction and street
and provide improvements as determined by the
construction has been completed, including
City.
final pavement. The developer has submitted
a payment to the City as a buyout of the
improvement requirement; and has prepared
a grant deed to offer the property on the
southwest comer of Spring Road and Charles
Street to the City. Staff is reviewing the grant
deed for completeness and will present the
offer to the City Council for acceptance once
the document is reviewed by staff.
29.
Provide irrevocable offer of dedication to the City
Irrevocable offer of dedication to the City was
for right -of -way for the extension of "C" Street.
included for recordation of Final Map Tract
No. 5045 -1.
30.
Construct a public trail system as identified in the
These improvements were required as part of
Specific Plan, including a cash deposit of one
Final Map review. All Final Maps have been
hundred fifty thousand dollars ($150,000.00) to
approved by City Council, and recorded. The
fund the maintenance of the trail system.
required $150,000.00 maintenance deposit is
due prior to occupancy of the 5001" unit.
31.
Provide irrevocable offer of dedication to the City
The dedication was included on the Final Map
for Planning Area 17.
for Tract No. 5045 -1.
32.
Payment of one hundred twenty five thousand
The required contribution was paid on July 27,
dollars ($125,000.00) to satisfy the Final EIR
2006 and deposited in the City Wide Traffic
Transportation /Circulation Mitigation Measure 2,
Mitigation Fund (2002).
and for the developer's share of contribution to
intersection improvements at Los Angeles
Avenue and Tierra Re'ada Road.
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 12
specific provisions, as summarized below:
NO.
REQUIREMENT
STATUS
1.
Commit necessary time and resources on expedited
The RPD's, ZOA's and Modification to the
parallel processing for subsequent approvals.
Tentative Tract Map were processed
concurrently as they were submitted.
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Page 9
NO.
REQUIREMENT
STATUS
2.
Commence proceedings to form a Mello -Roos
A Community Facilities District has been
Community Facilities District, upon receipt of a
approved by City Council.
landowners' petition by Developer and Developer's
payment of a fee, as prescribed in California
Government Code Section 53318, City shall
commence proceedings to form a Mello -Roos
Community Facilities District, ( "District ") and to incur
bonded indebtedness to finance all or portions of the
public facilities infrastructure and services that are
required by the Specific Plan and that may be
provided pursuant to the Mello-
Roos Community Facilities Act of 1982, (the "Act ");
provided, however, the City Council, in its sole and
unfettered discretion, may abandon establishment of
the District upon the conclusion of the public hearing
required by California Government Code Section
53321 and /or deem it unnecessary to incur bonded
indebtedness at the conclusion of the hearing
required by California Government Code section
53345. In the event that a District is formed, the
special tax levied against any residential lot or
residence thereon shall afford the buyer the option to
prepay the special tax in full prior to the close of
escrow on the initial sale of the developed lot by the
builder of the residence.
3.
Proceed to acquire, if requested, and at developer's
The developer has acquired the necessary
sole cost and expense, easements or fee title to land
property.
not held by the developer, but necessary for
construction of required improvements.
4.
Authorization for City Manager to sign an early
An Early Grading Agreement has been
grading agreement.
executed, and mass grading has been
completed.
5.
Agreement to allow concurrent processing of land
Concurrent processing has been done.
use entitlements for the same property, so long as,
deemed complete.
6.
Agreement that the land and improvements required
Per this Agreement.
under subsection 6.9 of the Development Agreement
meet the developer's obligation for park land
dedication for the designated 570 units.
7.
Agreement to allow the developer to receive the
Per dedication of public open space area.
maximum amount of tax benefit for dedication of
public open s ace in Planning Areas 12 and 13.
8.
Agreement to appoint an affordable housing staff
David Moe, Redevelopment Manager is the
person to oversee the implementation of the
City's housing coordinator.
affordable housing requirements.
9.
Agreement to allow for a variation of five feet (5')
Per this Agreement.
maximum in grades as shown on the grading exhibit
for Specific Plan No. 2, subject to approval of the
Community Develo ment Director.
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Page 10
NO.
REQUIREMENT
STATUS
10.
Agreement to limit the payment of the Los Angeles
AOC fees have been collected for 558
Avenue Area of Contribution (AOC) fee to only the
residential units and institutional uses (which
first four hundred seventy five (475) residential units
include the private pool lot recreation areas,
and any institutional uses within the project. The
and residential project AOC fees were not
AOC fee shall be the amount in effect at the time of
required to be collected for the 7 acre public
issuance of building permit.
park site), resulting in an overpayment and
Pardee has been refunded for the
overpayment.
11.
Agreement to facilitate the reimbursement to the
Pending construction of potentially
developer of costs incurred that may be subject to
reimbursable improvements. No request has
partial reimbursement from other developers.
been submitted to date.
12.
Agreement that the developer shall not be required
Per this Agreement.
to pay the Gabbert Road /Casey Road Area of
Contribution Fee referenced in the Final EIR.
(Specific Plan No. 2 is not within the boundaries of
this AOC).
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review Application and the
status of the project, the Planning 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 that, on
the basis of substantial evidence, Pardee Homes has complied in good faith with
the terms and conditions of the agreement.
2. Deem the 2010 annual review process complete.
ATTACHMENTS
1. Location Map
2. Site Plan
3. Letter from Pardee Homes, dated October 28, 2010.
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r1 PardeeHomes
10680 Misn re 8ou,evaro. Su,le 1900
Los Ange -es CA 90024
Phone )310) 446 1275
Fax (310) 446-1295
October 28, 2010
Mr. Joe Vacca
Principal Planner
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93012
RE Development Agreement Annual Review
Dear Joe:
JAMES C 81ZZELLE. III
VGe Pres aenl Commu y De,elwmenl
Enclosed are the Application, Fee, and submittal materials requested for
our Annual Development Agreement Review. As you know, a good
portion of the project has been constructed to date. A status update is
provided below.
• All lots in Tract 5045 -2 (Magnolia Lane) have all been released.
• A portion of the lots in Tract 5045 -3 (Cherry Hill) have been
released and are occupied. Within Tract 5045 -3, a total of 58
homes are still in need of building permits. A large portion of
homes in Tract 5045 -4 (Cherry Hill) have been released and are
now occupied.
• Tract 5045 -5 (Shenandoah) has been released and all homes are
occupied.
• Tract 5045 -6 (Waverly) has been released and all units are
occupied.
■ The 7 -acre park is complete and open to the public.
■ Tract 5045 -8 (Planning Areas 8 and 9) was sold to KB Homes and
these areas are no longer under Pardee Ownership.
■ A Specific Plan Amendment Document, EIR Addendum, Tract
Map, and Development Plan documents were approved by the
City on July 7, 2010 via City Council Resolution No. 2010 -2936.
CC ATTACHMENT 3
As you can see, significant progress has been made over the past twelve
months toward implementing the project. Please find the enclosed
exhibits and tables detailing the information summarized above. We feel
that we are in good faith compliance with the Development Agreement
and look forward to a successful completion of the project.
Sinceybly,
PARUEE HOMES
James C. Bizzelle, III
Vice President
269
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