HomeMy WebLinkAboutAGENDA REPORT 2008 0116 CC REG ITEM 10LMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph R. Vacca, Prin ipa Plan
DATE: December 27, 2007 (CC Meeting of 1/16/2008)
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ACTION:
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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 - 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 2006 annual review was
completed on November 1, 2006. 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 and
public park. Although KB Home has purchased and intends to develop 132 single - family
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Honorable City Council
January 16, 2008
Page 2
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 2007 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:
• Final Tract Maps 5045 -1 through 8 have been recorded.
• Planning Area 1, Magnolia Lane has 95 units constructed with all sold and occupied
except for the three model home units which are in the process of being converted
back to for sale units.
• All underground utilities have been constructed. All of the project's public streets
have been paved, but the final "lift" of asphalt has not been completed.
• The connection of Spring Road to Walnut Canyon Road, including operational traffic
signals and the final "lift" of asphalt, is scheduled to be open by January 31, 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 will not accept the maintenance
responsibility of the landscaping until a small wall return is competed just south of
the railroad tracks as required by the approved plans.
• The Landscape Maintenance District has been approved by the City Council and
completed by staff and the Assessment District became effective in July, 2007.
The following aspects of Specific Plan No. 2 are currently underway:
• Construction of production housing in PA's 3 and 4 is currently underway with 56
units constructed in PA 3 and 72 units constructed in PA 4.
• Construction of the 3 -unit model complex of PA 5, 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 12 multi - family buildings, which will contain a total of 36 units and final
occupancies have been issued for 18 units.
Honorable City Council
January 16, 2008
Page 3
• Final plans for park improvements in PA 7 have been approved by the City Council
and are currently being reviewed by staff for construction.
KB Home has been granted an approval for Administrative Permit No. 2006 -09
application, for construction of their model home complex which includes three
model homes, a parking area and a sales trailer. Construction of the models is
underway and is scheduled to open by the end of the second quarter of 2008.
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
project 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
facilities for kindergarten through 12th grade.
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
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.
Honorable City Council
January 16, 2008
Page 4
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 350tH
dwelling unit. Prior to occupancy of the 500tH
residential unit, the developer shall also
submit a cash deposit of $350,000.00 to
fund replacement of park amenities. The
park is being rough graded and
improvement plans have been approved by
City Council are currently in review by staff.
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.
Spring Road is expected to be completed by
January 31, 2008.
11.
Construct appropriately sized water line,
At the present time, no connection points
pumping facilities, and storage facilities for
exist within the vicinity of the project.
recycled water.
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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Honorable City Council
January 16, 2008
Page 5
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 is underway and should be
along the rear of the homes on Sir George
completed by the end of February, 2008.
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 have been
included in a City contract, but paid for by
Pardee. Five (5) traffic signals, as approved
and permitted by the City, have been
constructed by Pardee and will be
completed and operational by January 31,
2008.
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.
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Honorable City Council
January 16, 2008
Page 6
NO.
REQUIREMENT
STATUS
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 will not accept the
maintenance responsibility of the
landscaping until a small wall return is
competed just south of the railroad tracks as
required by the approved plans.
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
City by separate instrument.
Honorable City Council
January 16, 2008
Page 7
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, except for
2.
the City.
final pavement layer, which is expected to
Community Facilities District, upon receipt of
be completed by January 31, 2008. Design
landowner's petition and payment of fee.
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 500" 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 Rejada 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
approvals.
concurrently as they were submitted.
2.
Commence proceedings to form a Mello -Roos
A Community Facilities District has been
Community Facilities District, upon receipt of
approved by City Council.
landowner's petition and payment of fee.
Honorable City Council
January 16, 2008
Page 8
NO.
REQUIREMENT
STATUS
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
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
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
public open s ace in Planning Areas 12 and 13.
8.
Agreement to appoint an affordable housing staff
David Moe, Redevelopment Manager and
person to oversee the implementation of the
Nancy Burns, Senior Management Analyst
affordable housing requirements.
are the City's housing coordinators.
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.
10.
Agreement to limit the payment of the Los Angeles
AOC fees have been collected for all
Avenue Area of Contribution (AOC) fee to only the
residential units and there is currently a
first four hundred seventy five (475) residential
partial credit toward the institutional uses
units and any institutional uses within the project.
(recreations areas, park and school).
The AOC fee shall be the amount in effect at the
time of issuance of building permit.
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.
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Honorable City Council
January 16, 2008
Page 9
FISCAL IMPACT
None.
STAFF RECOMMENDATION:
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 9, 2007.
SITE PLAN
CC ATTACHMENT 2
Not to Sale
MOORPARK HIGHLANDS
03 -n -2005
Pardee Homes
26650 The Old Road, Suite 110
Valencia, CA 91381
Phone (661) 222 -3200
Fax (661) 255 -7837
November 5, 2007
Mr. Joe Vaca
Principal Planner
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93012
JAMES C. BIZZELLE III
Vice President, Community Development
Phone (661) 222 -3200
Fax (661) 255 -7837
RE: Development Agreement Annual Review; Moorpark Highlands Specific Plan No. 2
Deal-Joe:
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.
Tract 5045 -2 has been released and all homes are occupied.
Tract 5045 -3 is scheduled for a future release.
A large portion of lots in Tract 5045 -4 has been released and is now occupied.
Lots 1 -6 in Tract 5045 -5, including models, have not been released. Lots 7 -78 have been
released and are now occupied.
No lots in Tract 5045 -6 are occupied at this point in time. The first four phases are currently
under construction.
The 7 -acre park site is scheduled for construction either this month (October) or next month
(November).
Tract 5045 -8 (PAs 8 and 9) was sold to KB homes and are no longer under our ownership.
As you can see, significant progress has been made over the last 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 the successful completion of the project.
Si
,PARD,EE HOMES
James C. Bizzelle, III
Vice President Community Development
CC ATTACHMENT 3