HomeMy WebLinkAboutAGENDA REPORT 2008 0319 CC REG ITEM 10DMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council 011 FROM: David A. Bobardt, Planning Director
Prepared By: Joseph R. Vacca, Principal Plann
DATE: February 21, 2008 (CC Meeting of 03/19/2008)
F MO0RPARr',,
CRY Council Meeting
of
ACTION: j7 A
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Vistas at Moorpark, Located on the
West Side of Walnut Canyon Road, Approximately 3,500 Feet North
of Casey Road, on the Application of Moorpark 150, LLC
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 January 21, 2004, the Moorpark City Council adopted Ordinance No. 299 (effective
February 20, 2004), approving a Development Agreement between the City of Moorpark
and Moorpark 150, LLC, (formerly managed by SunCal Companies). The agreement
was approved in connection with the Tract No. 5130 /RPD 1998 -02, a 110 unit single -
family residential development located east of Walnut Canyon Road north of Wicks
Road. The agreement remains in full force and effect for twenty (20) years from the
operative date of the agreement (until February 20, 2024), or until the close of escrow
on the initial sale of the last Affordable Housing Unit, whichever occurs last. While the
entity which owns the subject property and which is a party to the Development
Agreement has not changed, there has been a change in the management of that
entity. Prior to December, 2006, LSOF Moorpark Land, L.P. ( "LSOF ") owned 95% of
the member interests in Moorpark 150, LLC. In December 2006, LSOF acquired the
5% interest previously held by Moorpark Equity Partners, Ltd., an affiliate of the SunCal
Companies.
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March 19, 2008
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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 fourth annual
review of the Development Agreement with Moorpark 150, LLC. Hudson Advisors, on
behalf of Moorpark 150 LLC, 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.
DISCUSSION
Current Project Status
• The developer has provided condition compliance deposits and has submitted
the final map, grading plans, and drainage and street improvement plans for
engineering plan check. The plans and maps should be reaching final review
state.
• Efforts to obtain right of entry permission for work on Walnut Canyon Road
continue.
• Nineteen (19) of the twenty (20) required temporary construction
easements have been obtained;
• Twelve (12) of the thirteen (13) necessary sidewalk easements have been
obtained and;
o All of the six (6) required storm drain easements have been obtained from
homeowners along that street.
[All that is needed is one more temporary construction easement and one
more sidewalk easement in order to proceed with construction]
• Caltrans plans for work in the state right -of -way along State Route 23, have been
approved and an encroachment permit for the required work has been issued
and all necessary permits for construction are in place.
• Communications with city staff on affordable housing options continue.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Processing of the Landscape Maintenance District is nearly complete.
• A Community Facilities District for the project has been approved by the City
Council but has not yet been formed.
• On March 29, 2006, the Community Development Director approved Permit
Adjustment No. 1 to Residential Planned Development No. 1998 -02; and
Tentative Tract Map No. 5130; to change only the timing language of
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condition number 20 of City Council Resolution Number 2003 -2150, (which
stated that: Prior to issuance of a Certificate of Occupancy for the first dwelling
unit, construction of roadway improvements to Walnut Canyon Road shall be
completed to the satisfaction of the City Engineer). The approval letter of Permit
Adjustment No. 1, included the following conditions:
o Only the timing language of Resolution No. 2003 -2150- Condition No. 20
shall be changed to state that Construction of roadway improvements to
Walnut Canyon Road shall be completed to the satisfaction of the City
Engineer /Public Works Director by November 8, 2008, or prior to
occupancy of the fiftieth (50th) residential unit, whichever comes first; the
remainder of the language in Condition No. 20 shall remain in full force
and effect as originally adopted.
o The developer shall overlay the paving on Wicks Road consistent with city
standards, to the satisfaction of the City Engineer /Public Works Director
by November 8, 2008, or prior to occupancy of the fiftieth (50th) residential
unit, whichever comes first.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty -four (24) 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 the Agreement,
Developer is in compliance with all
subsequent project approvals and Mitigation
Monitoring Program.
requirements at this time.
2.
All lands and interests in land shall be
To be granted at Final Map approval.
dedicated free and clear of liens and
encumbrances.
3.
Payment of "Development Fees" of eight-
thousand - six - hundred - thirty -five dollars
These fees will be adjusted annually (until
($8,635.00) per residential unit and thirty- eight-
paid) using the Consumer Price Index (CPI)
in accordance with the agreement. Fees
thousand - eight- hundred - fifty -eight dollars
($38,858) per gross acre of institutional land.
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
4.
Payment of "Citywide Traffic Fees" of four-
Permits have been issued.
Beginning January 1, 2005, these fees will
thousand - six - hundred - sixty -four dollars
($4,664.00) per residential unit and twenty-
be adjusted annually (until paid) using the
State
thousand - nine - hundred - ninety -eight dollars
Highway Bid Price Index in
accordance with the agreement. Fees must
($20,998) per acre of institutional land.
be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
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NO.
REQUIREMENT
STATUS
5.
Payment of "Community Service Fees" of two-
thousand -two- hundred -thirty -three
Beginning January 1, 2007, these fees will
dollars($2,233.00) per residential unit and
be adjusted annually (until paid) using the
Consumer Price Index (CPI) in accordance
seven - thousand - seventy dollars ($7,070) per
with the agreement. Fees must be paid prior
gross acre of institutional land.
to issuance of Zoning Clearance 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
—
7.
Payment of a fee in lieu of park dedication
"Park
Agreement - Annual Review.
These fees will be adjusted annually (until
Fee" of ten - thousand - eighty dollars
($10,080.00) per residential unit and fifty cents
paid) using the Consumer Price Index (CPI)
in
($0.50) per square foot of each building used
accordance with the agreement. Fees
must be paid prior to issuance of Zoning
for institutional purposes.
Clearance for Building Permit. No Building
8.
Prior to Final Map recordation, confirmation
Permits have been issued.
If determined necessary, these
from Ventura County Waterworks District No. 1
that sufficient recycled water is available to
improvements will be included in the Water
serve public and community owned landscape
Works District No. 1 improvement plan
package and will be bonded for prior to
areas. Design and construction of facilities
required to deliver the reclaimed water to the
recordation of the Final Map. At the present
time, no connection points exist within the
project, and payment of any connection /meter
fees required by the District.
vicinity of the project. Moorpark 150, LLC
has indicated that they are preparing to hire
a consultant to precisely locate the Ventura
Waterworks District No. 1 water line within
the right-of-way.
9.
Grant a conservation easement to the City for
To be recorded with the Final Map for each
.lots A, B, C, O and P. Lots A, B and P may
phase.
include wetlands, storm water detention and
debris basins and related service roads,
landscaping and decorative planting areas,
sidewalks and trails that do not interfere with
the open s ace uses.
10.
Payment of one - hundred - forty— thousand
dollars $140,000.00 to satisfy obligation for
Beginning January 1, 2005, this fee
increases
upgrading the intersections of Moorpark
by one -half percent (0.05 %) each
month until paid. The fee must be paid prior
Avenue (SR 23) at Charles Street and at High
Street.
to recordation of the first Final Map. No
11.
Provide five (5) four (4) bedroom and two bath
Final Maps have been recorded to date.
This obligation may be met by a ratio of one
and two (2) three (3) bedroom and two (2) bath
and one -half (1 -1/2) attached for sale units
single - family detached units with a minimum of
for each required detached single - family
1,200 sq. ft. for low income (80 percent of or
unit.
less of medium income)
Provide four (4) four (4) bedroom and two bath
No fees have been collected to date for
and one (1) three (3) bedroom and two (2) bath
affordable housing activities.
single - family detached units with a minimum of
1,200 s . ft. for very low income 50 percent of
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NO.
REQUIREMENT
STATUS
or less of medium income)
The units shall include amenities as specified in
the agreement.
City Council approval and execution of an
Affordable Housing Implementation and Resale
Restriction Plan and an Affordable Housing
Agreement, and payment of up to a maximum
of nine - thousand dollars ($9,000) for City's
direct costs for preparation of the Plan and
Agreement.
Three of the low and three of the very low units
to be occupied by qualified buyers prior to
occupancy of the 50th residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 90th residential unit in Tract
5130.
No less than six (6) of the substituted for sale
units shall be located within the boundaries of
the Moorpark Redevelopment Area.
Comply with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for
a three year period. No shake or wood shingle
roofs shall be approved.
Provide an HOA trust for HOA fees in excess of
$100.00.
Comply with purchase price requirements per
the agreement.
Pay closing costs not to exceed six - thousand
dollars $6,000.00
12.
Pay Air Quality Fee in the amount of one-
thousand - five - hundred - eighty -eight dollars
Beginning March 1, 2007, these fees will be
($1,588.00) per residential unit, and for
adjusted annually y (until paid) using the
Consumer Price Index (CPI) in accordance
institutional uses at a rate calculated by the
Community Development Department.
with the agreement. Fees must be paid prior
issuance
to of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
13.
Waiver of any density bonus rights that would
Applicant has not requested density bonus
increase the number of dwelling units approved
units.
to be constructed on the property.
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NO.
REQUIREMENT
STATUS
14.
Agreement to cast affirmative ballots for
Formation of a Landscape Maintenance
formation of one or more assessment districts
District is in process.
for maintenance of parkway and median
landscaping and street lighting, including but
not limited to all water and electricity costs.
Agreement to form property owners
association(s) to provide landscape, street
lighting and park (if necessary) open space
land, trails drainage facilities maintenance and
compliance with NPDES requirements.
15.
Payment of all City capital improvement and
Developer is in compliance with all
processing fees.
requirements at this time. Fund review
_f6_
ongoing.
of Los Angeles Avenue Area of
Fees must be paid prior to issuance of
Contribution (AOC) Fee.
Zoning Clearance for Building Permit. No
17.
Payment of seventy- thousand dollars
Building Permits have been issued.
Must be paid prior to approval of first Final
($70,000.00) to satisfy Mitigation Measures 2,
Map. The fee has not yet been paid.
5, and 11 for open space acquisition and
maintenance, and habitat restoration and
_T8_
reservation.
improvements for North Hills Parkway
To be included with project improvement
designed and constructed for a 50-year life.
plans.
19.
Acquire property needed to improve and make
The timing language of Condition No. 20 of
improvements to Walnut Canyon Road
Resolution No. 2003 -2150, which approved
consistent with Conditions of Approval for
Tentative Tract 5130- was adjusted through
Tentative Tract 5130.
Permit Adjustment No. 1, to state that
[Condition number 20 of City Council
Construction of roadway improvements to
Walnut Canyon Road shall be completed to
Resolution Number 2003 -2150, - 0ginally
the satisfaction of the City Engineer and
stated that: Prior to issuance of a Certificate of
Public Works Director by November 8,
Occupancy for the first dwelling unit,
construction of roadway improvements to
2008, or prior to occupancy of the fiftieth
(50th)
Walnut Canyon Road shall be completed to the
residential unit, whichever comes first;
the remainder of the language in Condition
satisfaction of the City Engineer]
No. 20 shall remain in full force and effect
as originally adopted. Also;
The developer shall overlay the paving on
Wicks Road consistent with city standards,
to the satisfaction of the City Engineer and
Public Works Director by November 8,
2008, or prior to occupancy of the fiftieth
(50th) residential unit, whichever comes first.
These conditions have not yet been
satisfied.
20.
Agreement to pay any fees and payments
Developer is in compliance with all
21.
pursuant to this Agreement without reservation.
re uirements at this time.
Agreement to comply with requirements for
To date, the applicant has complied with
annual review of the Agreement including
evaluation of Mitigation Monitoring Program.
review requests and Mitigation Monitoring
Program requirements.
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NO.
REQUIREMENT
STATUS
f2—
six -foot (6) to eight -foot (8') high
To be installed prior to the first residential
decorative masonry wall and landscaping north
occupancy.
of the right -of -way of proposed North Hills
2.
Parkway, subject to approval of Ventura County
To date, no such request has been
Waterworks District No. 1, Community
received.
Development Director and City Engineer.
23.
Provide cash deposit for costs related to
On September 15, 2004, Moorpark 150
4.
formation of Community Facilities District.
LLC., submitted a $100,000.00 cash deposit
possible, all land use entitlements for the same
to cover the costs for the creation of the
24.
Agreement that any property to be acquired by
Community Facilities District.
No request for property to be acquired by
5.
eminent domain shall be at City's discretion and
eminent domain has been submitted to
after compliance with all legal requirements.
date.
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 nine
(9) 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 developer's cost, proceed to
To date, no such request has been
acquire easements or fee title to land in order to
received.
allow construction of required public improvements.
3.
Authorization for the City Manager to sign an early
No early grading permit has been
4.
grading permit.
Agreement to process concurrently, whenever
re guested to date.
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
Community Facilities District has been
Community Facilities District formation and incur
approved.
bonded indebtedness.
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NO.
REQUIREMENT
STATUS
7.
Agreement to appoint affordable housing
The Senior Management Analyst in the
person to oversee the implementation oAssistant
City Manager's Office oversees
housing requirements.
affordable housing requirements.
Agreement to respond within thirty (30) days on
acceptance or rejection of proposed affordable
housing unit per subsection 6.11.
Agreement that Developer may construct rather
than purchase affordable housing units required per
subsection 6.11.
8.
Agreement to allow for a variation of five feet (5)
Any such requests would have to be
maximum in the grades as shown on the Grading
Plan exhibit, subject to approval of the Community
processed as Permit Adjustments subject
to the
Development Director /City Council that the overall
approval of the Planning Director.
design and visual quality would not be significantly
affected.
9.
Agreement to facilitate reimbursement to developer
To date, no such request has been
of any costs incurred that may be subject to partial
received.
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 Moorpark 150 LLC. has, to date, complied in good faith with the terms
and conditions of the agreement.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Accept the Planning Director's report and recommendation, on the basis of
substantial evidence, that Moorpark 150, LLC 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 by Stewart Motley, Vice President, on Behalf of Moorpark 150, LLC.
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MOORPARK 150, LLC
2711 N. Haskell, Suite 1800
Dallas, TX 75204
February 13, 2008
Joseph R. Vacca, Principal Planner
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Tentative Tract 5130 — Development Agreement
Dear Mr. Vacca:
On behalf of Moorpark 150, LLC, the owner and developer of the property
contained within Tentative Tact 5130, I would like to provide the City of Moorpark with a
status report on the project. This report is submitted in connection with the annual review
required by Section 9 of the Development Agreement between the City and the developer,
dated July 9, 2004. The formal application for this review, along with the required exhibits
and a fee of $2,400, are enclosed.
The Development Agreement does not mandate any particular schedule of
performance by the developer. However, in response the City's request, I wish to make
you aware of the following areas of progress since the date of the previous annual review:
1. Significant progress has been made toward approval and recording
of the final subdivision map. Plans for streets, storm drains and sanitary sewers all are
undergoing final plan check by the City Engineer. The final map itself has been revised in
accordance with comments from the City, and will be resubmitted shortly.
Engineer. 2. The rough grading plan has been reviewed and approved by the City
3. The California Department of Transportation and Ventura County
Waterworks No. 1 have approved the final configuration for reconstruction of portions of
Walnut Canyon Road. An encroachment permit for the required work has been issued by
CalTrans. All sidewalk and sewer easements required for those road improvements have
been obtained and are being reviewed by city staff.
4. Landscape plans, as well as wall and fence plans, have been
reviewed and approved by the City.
5. Proceedings to form a landscape maintenance district are in
progress. Proceedings to form a community facilities district have been completed, and the
district will be activated at the appropriate time.
CC ATTACHMENT 3 t+�oc�as
Joe Vacca, Principal Planner
Community Development Department
City of Moorpark
February 13, 2008
Page 2
6. Design work has been completed for the portion of North Hills
Parkway adjoining the project, and is being reviewed by the City Engineer.
7. Environmental permits are being processed with state and federal
agencies, and all are expected to be in place within the next few months.
8. We are working closely with city staff to identify and secure
desirable sites for the affordable housing units required in connection with the project.
Although we are making steady progress in preparing to commence development,
current economic conditions make it uncertain when it will be advantageous to bring the
project to market. We will keep city officials and staff informed of our plans.
I understand that you intend to present the current Development Agreement review
to the City Council in the coming month. Please provide Paul Cooper with a copy of your
staff report as soon as it is available, and let him know when this matter will be on the City
Council agenda. Mr. Cooper will be happy to provide you with any further information
which you need to complete your report.
Sincerely,
MOORPARK 150, LLC
By:
Stewart Motley
Vice President
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