HomeMy WebLinkAboutAGENDA REPORT 2009 0520 CC REG ITEM 10F 117EM, I C)* F*
CITY OF MOORPARFE,CALIFQQ.4,,:s,
City Council Meeting
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ACTION:
Va�
MOORPARK CITY COUNCIL
AGENDA REPORT BY:
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director ,
Prepared By: Joseph Fiss, Principal Planner
DATE: April 27, 2009 (CC Meeting of 5/20/2009)
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
209 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 Planning Director has
reviewed the submitted information and the project status and provides the following report.
000198
Honorable City Council
May 20, 2009
Page 2
DISCUSSION
Current Proiect Status
• Improvement plans had been submitted for plan review, however, the project was
on hold pending the outcome of Flood Insurance Rate Map (FIRM) boundaries for
areas within the 100-year flood plain.
• Development of the adjacent project(Tract 5133)which is also being developed by
Shea was suspended after completion of 26 units, due to the pending FIRM
boundaries.
• The FIRM boundaries have been resolved, and Shea has renewed development of
Tract 5133, with the construction of twenty-four (24) new units.
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.
MMRP of the MND 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.
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.
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Honorable City Council
May 20, 2009
Page 3
NO. REQUIREMENT STATUS
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 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.
Developer's obligations of this subsection and
City's obligations per Subsection 7.7
Deposit$120.00 for each dollar or portion thereof No deposit has been submitted to date.
of the monthly HOA fees that are in excess of
$100.00 into a City administered trust to assist
with future HOA fees for each affected affordable
unit.
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.
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Honorable City Council
May 20, 2009
Page 4
NO. REQUIREMENT STATUS
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
May 20, 2009
Page 5
Citv 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.
a lication for subsequent applications.
2. If requested, at the developer's 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
rading permit. 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 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 Planning 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 Planning 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
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CC ATTACHMENT 2
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CC ATTACHMENT 3
k_*)1-ieaH(�nnes
M3. r_.t o s e p E i' F 1•rw'.s
Cors MUnity Devefoprr oent
city c"4. mi-x0pr1ro,
19� Moorpark Avenue, tfuloorpar :. CA 93C21
Subject Annual Review of Tract 5425 Development Agreement
i�F ar Mr. I~=I s s,
As part of the an:nUal revie` and per the requirements of the De elo pent AgrE er'i -:,rat ��r-rt�r-ed
into on May 23, 2005 br t ►eon Shea 1:, omen and the City of oorp1-irk, th'- latter serves ras ra
I r rr tiv1 5unniar on how tea Homes.compiled with t agreement d rir the yE .
Shea HOUTIMS, wnd RBF have been work:ino tcg thi r to cxomt'.), up vvi'Un solutions tc:i the
impro ei-nent Felons that were initially submitted to the Cite=of Moorpark in 2LiC", bit,iL p I a c e d or,
Hold folic,w ria tie FEMA Food Insure-n.co. SU.-A . RBF ha.tr; been StLKiY r1 the size of'the by-
[)a.ss stor i drain necessary to route; breakout flows through the site as well a-,s deterrninina the
r�� .� �ri elevations, ��e pr`� �� � n r� c lculat one cat
i for large storm '.r iii tll�a:�t requires, ra,s
the stre"A profile and in the turn, the; nail o1evations. It the Storm L.�r�i� ol��n is �c�e�t�-:�:� tf
lrr� r ��erent Plans w� ll need t be reworked. The Grading Plan 1� : isjy beer-r r�: •ied Ord
our understanding is the only thing holding up approval is a sewer study that needs to be.
To a.ssist in re.achIng our new r)ad elevation, ,y�)d� ,��'`��r f at ,(3 � � oir d n e .+ �,tr. .. � t
li`tfi� rrtiJi t�1�uL �i� �'�� 1.�3 1 6.,iI�� Linder �.� a_7�.��_r�.}�'� e �_���1
Shea: Ho•rnes and RBF have also been meeting with the City, SCF arld CrOL1�1tV 10.f Venturc4
�lAlaAerslF,tri.d Prate cft on istr of.to c:ti ;� ;- Ir.�t ' t: to -'L=rr 1 � .
Fveri though we continue to work through some of '*Icy e�riginc r`inq. Shea Homes does;
anticipate pro :e ���t TIM to Final 11;� tI-..is year. 0-ur plan, �+._: ��� t()(..i-A , Is t�:� d a � F
fr J
+^t .11 �-4 a± f. .r'i a'Y R� r-y r^t'?r*�^t !"! y T f•�•r' i 3'i ^_1�.�r� f r te- \' r. •-i1 s' t i. i r. .i - y-y .
✓14:x..1 5r'tt;� wf :r�I.i' �L.r�1v�)l 1 i 1t...�vz a t: c it a �,- ���o� � 3 i ip*%,T,-'vr.r'S" i� r�.° r'�• r-`3,-;+>,r. S` ltY1t�E"�?b•I .s
1 •4.-�: :► t Y -fir r 1 1 t.4--i;_`r! 4wt r`L(i (1 r�..�' S�6. r..+�..!�t�t
Irk,; response to the market. we. are also studying the overfill` si e tc� see if it mcak',es sense tc
o voth h.:ighe r density produ .t. if you h�wc any questions, please &c not hlesitr-4te, to co,rrtac t
r' y^' '""f'. r 7 nr
J:r
*t-.1.# Thomas
ommunity Deve'so rnent Manager
he Ho-nes t uthe n Ca'jforr~i�
000205