HomeMy WebLinkAboutAGENDA REPORT 2009 0107 CC REG ITEM 10F 10. F.
City Council Meeting
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ACTION:
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MOORPARK CITY COUNCIL BY:
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph R. Vacca, Principal Planne
DATE: December 22, 2008 (CC Meeting of 1/07/2009)
SUBJECT: Consider Report of 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-Fou ntainwood-Agou ra). 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 2007 annual review was
completed on January 16, 2008. 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, 102 multi-family residential units, the open space areas, school property
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and public park. Although KB Home 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 2008 annual review.
The Planning 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 has 95 units constructed with all sold and occupied
except for two of the three original model home units which are in the process of
being converted back to for sale units.
• Planning Area 4, Shenandoah has 78 units constructed 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 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.
The following aspects of Specific Plan No. 2 are currently underway:
• Planning Area 3, Cherry Hill has 59 units constructed and occupied.
• Construction of the 3-unit model complex of PAS,Waverly Place,the 102 unit multi-
family portion of the project, has been completed. PA 5 will have a total of 25
affordable units, for buyers who meet the criteria for low and very low income.
Permits have been issued for 24 multi-family buildings, which will contain a total of
72 units and final occupancies have been issued for all units including 17 affordable
units.
• Park improvements in PA 7 have been approved by the City Council and are
currently underway and staff is monitoring construction.
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• KB Home constructed their model home complex which includes three model
homes, a parking area and a sales trailer, but has now closed the model complex
and is not selling homes.
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, To date the developer is in compliance with
ro'ect approvals and subsequent approvals. this requirement.
2. Land dedicated to the Moorpark Unified School An agreement with Moorpark Unified School
District (MUSD)to be deed restricted by District was reached on November 18, 2005.
covenant to limit use of the land to school MUSD has indicated it is no longer
facilities for kindergarten through 12th grade. interested in acquiring the site. This action
has required further discussions by Pardee,
MUSD and the City.
3. Lands and interests in dedicated lands to be The developer must provide clear title to any
free 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
institutional land. Clearance 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
ermit, 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.
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No. REQUIREMENT STATUS
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.
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 the Final Map for Tract No. 5045-1. The
park improvements, as detailed in the improvements to the park are to be
agreement. completed prior to occupancy of the 350t"
dwelling unit. Prior to occupancy of the 500t"
residential unit, the developer shall also
submit a cash deposit of$350,000.00 to
fund replacement of park amenities. The
park has been rough graded and
improvement plans were approved by City
Council and staff is monitoring construction.
10. Construct public streets adjacent to school and Street improvements have been
park sites. constructed, except for final pavement layer
and bringing manhole covers to grade.
S prinq Road was completed February, 2008.
11. Construct appropriately sized water line, At the present time, no connection points
pumping facilities, and storage facilities for exist, or are planned within the vicinity of the
recycled water. ro'ect.
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.
areas not dedicated to the City shall include a 5045-1, -2, -3, -4 and -5, which have been
conservation easement to the City. recorded. 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.
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, A Purchase and Sale Agreement in lieu of
provide a City Council approved Affordable an Affordable Housing Agreement has been
Housing Implementation and Resale Restriction signed.
Plan (Plan)with provisions for: Construction of units in PA 5, the multi-
Buyers who meet the criteria for low income family portion of the project, which contains
(80% of median income): the affordable component of the project has
Twelve (12)three (3)-bedroom and two (2) commenced.
bath units no less than 1050 square feet in
size.
Thirteen (13)four(4) bedroom and two (2)
bath units at no less than 1425 square feet
in size.
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
Pay City's direct cost, up to five thousand Price Index (CPI) in accordance with the
dollars ($5,000.00)for preparation and review agreement. Fees must be paid prior to
of the Implementation and Resale Restriction issuance of Zoning Clearance for Building
Plan and 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 Community Development staff will provide
the Final Environmental Impact Report(EIR) the lead in Mitigation Monitoring. Air Quality
including payment of"Air Quality Fee"to be Fees (TSM)will be calculated and collected
calculated as a condition of the issuance of prior to Zoning Clearance for Building
building permit for each unit. Permit. This fee (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
plan to guarantee the agreements contained in City Council on April 20, 2005. Pardee
Section 6. Homes has 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 To date, the developers have complied with
formation of an assessment district for this requirement.
maintenance of parkway and median
landscaping, street lighting, and parks.
21. Agreement to pay all City capital improvement, To date, the developer has complied with
development and processing fees. this requirement.
22. Formation of one (1) or more property owners These requirements have been included in
associations to assume ownership and the CC&Rs prepared for the project. The
maintenance of open space land, trails, and CC&Rs were reviewed and approved by the
other amenities. City Attorney and staff prior to final
recordation of the CC&Rs.
23. Provide irrevocable offer of dedication to the The offer was included on the Final Map for
City for the future rights-of-way for State Route Tract No. 5045-1
23 and State Route 118.
24. Provide vehicular access to properties west of These access rights are shown on Final
Spring Road. Map 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
block wall/wrought iron fence along the Spring projected traffic counts for project build out
Road and Charles Street frontages (if deemed and the study concluded that new sound
necessary by the City). walls would 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 The off-site Spring Road wall plans were
construct a solid decorative block wall along the approved by City Council and staff and
west side 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 The offer of dedication for Princeton Avenue
City for ultimate build out of"Old" Los Angeles was included on Final Map of Tract No.
Avenue (Princeton Avenue) improvements and 5045-1. All Spring Road improvements are
Spring Road improvements not required to be being 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
Cit b y separate instrument.
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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 construction has been completed, including
the City. final pavement. Design plans for
landscaping improvements at the southwest
corner of Spring Road and Charles Street
were approved by City Council and are
currently being reviewed by staff.
29. Provide irrevocable offer of dedication to the Irrevocable offer of dedication to the City
City for right-of-way for the extension of"C" was included for recordation of Final Map
Street. Tract No. 5045-1.
30. Construct a public trail system as identified in These improvements were required as part
the Specific Plan, including a cash deposit of of Final Map review. All Final Maps have
one hundred fifty thousand dollars been approved by City Council, and
($150,000.00)to fund the maintenance of the recorded. The required $150,000.00
trail system. maintenance deposit is due prior to
occupancy of the 500t' unit.
31. Provide irrevocable offer of dedication to the The dedication was included on the Final
City for Planning Area 17. Map for Tract No. 5045-1.
32. Payment of one hundred twenty five thousand The required contribution was paid on July
dollars ($125,000.00)to satisfy the Final EIR 27, 2006 and deposited in the City Wide
Transportation/Circulation Mitigation Measure 2, Traffic 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 The RPD's, ZOA's and Modification to the
.expedited parallel processing for subsequent Tentative Tract Map were processed
a rovals. concurrently as they were submitted.
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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 The developer has acquired the necessary
developer's sole cost and expense, easements or property.
fee title to land 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
com leted.
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 Per this Agreement.
required under subsection 6.9 of the Development
Agreement meet the developer's obligation for
ark 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
ublic 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 Development Director.
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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 resulting in an overpayment
first four hundred seventy five (475) residential and there is currently a partial credit
units and any institutional uses within the project. available toward the remaining institutional
The AOC fee shall be the amount in effect at the uses (which include the private pool lot
time of issuance of building permit. recreation areas, and future school site;
AOC fees were not required to be collected
for the 7 acre public park site).
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
partial reimbursement from other developers. has 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 I M PACT
None.
STAFF RECOMMENDATION:
1. Accept the Planning 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 annual review process complete.
ATTACHMENTS
1. Location Map
2. Site Plan
3. Letter from Pardee Homes, dated November 5, 2008.
SACommunity Development\ADMIN\AGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc
1 00058
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RECEIVED
PardeeHomes
NOV 12 2000
JAMES C. BIZZELLE. III
26650 The Old Road,Suite 110 CITY of mooRPARK Vice President,Community Development
Valencia,California 91381 Phone (661)222-3200
Phone:(661)222-3200 Fax(661)255-7837
Fax:(661)255-7837
November 5, 2008
Mr. Joe V aca
Principal Planner
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93.012
RE: Development Agreement Annual Review; Moorpark Highlands Specific Plan
No. 2
Dear Joe,
Enclosed are the Application Form, and Fee for Pardee Home's Moorpark Highlands
Annual Development Agreement Review. As you know the great majority of the project
has been constructed. A status update is provided below:
■ Tract 5045-2,Magnolia Lane, is complete and sold out.
• Tract 5045-3, Cherry Hill, is yet to be constructed and will use the model home
existing complex in Tract 5045-4.-
■ Tract 5045-4, Cherry Hill; is complete and sold out, except for the Model Horne
Complex, and model build out totaling 10 lots.
■ Tract 5045-5, Shenandoah, is complete and sold out.
• Tract 5045-6, Waverly Place; is over 50% sold, and the remainder 10 building out
of 34 are under construction.
■ Tracts 5045-8 were sold to KB Homes and are no longer under our ownership.
They have built four model homes.
■ The 7-acre p ark is approximately 40% constructed.
CC ATTACHMENT 3 0.0 0 IL
• The school district has pretuninarily determined that-a school may not be needed.at
this site.
• All roadway improvements,including traffic signals; are in place and the Spring
Road connection to Walnut Canyon Road is complete.
As you can see significant progress has been made over the last twelve months toward
implementing and completing the project. We feel that we are in good faith compliance
with the Development Agreement and look forward to the successful completion of the
project.
S l racer y,
A EE HOMES
James C. Bizzelle, III
Vice President Community Development
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