HomeMy WebLinkAboutAGENDA REPORT 2008 0820 CC REG ITEM 10TMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph Fiss, PrincipaVIn er
DATE: August 7, 2008 (CC Meeting of 8/20/2008)
ITEM I O• T.
City Council Meeting
9-;[D. -gl oo
ACTION:
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
201 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.
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Honorable City Council
August 20, 2008
Page 2
DISCUSSION
Current Project 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, and is planning on beginning development of Tract 5425, depending
upon market conditions.
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
requirements at this time.
the 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)
($8,895.00) per residential unit and Forty
in accordance with the Agreement. Fees
Thousand Twenty -Eight Dollars ($40,028.00)
must be paid prior to issuance of Zoning
per gross acre of institutional land.
Clearance 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
residential unit, and Twenty -Two Thousand,
Index in accordance with the Agreement.
Eight Hundred Thirty -Eight Dollars ($22,838.00)
Fees must be paid prior to issuance of
per acre of institutional land.
Zoning 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)
($2,233.00) per residential unit, and Seven
in accordance with the Agreement. Fees
Thousand Seventy Dollars ($7,070.00) per
must be paid prior to issuance of Zoning
gross acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
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Honorable City Council
August 20, 2008
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
A reement - 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)
Dollars ($8,240.00) for each residential dwelling
in accordance with the Agreement. Fees
unit and Fifty Cents ($.50) per square foot of
must be paid prior to issuance of Zoning
each building used for institutional purposes.
Clearance for Building Permit. No Building
Permits have been issued.
8.
Prior to Final Map recordation, confirmation
If determined necessary, these
from Ventura County Waterworks District No. 1
improvements will be included in the Water
that sufficient recycled water is available to
Works District No. 1 improvement plan
serve public and community owned landscape
package and will be bonded for prior to
areas. Design and construction of facilities
recordation of the Final Map. At the present
required to deliver the reclaimed water to the
time, no connection points exist within the
project, and payment of any connection /meter
vicinity of the project.
fees required by the District.
9.
Provide nine (9) three (3) bedroom and two (2)
Requirements to be included in Purchase
bath single family attached units with a
and Sale Agreement in accordance with
minimum of 1,600 square feet to be sold to
Attachment "C" of the Development
buyers who meet the criteria for low income (80
Agreement.
percent or 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
Purchase and Sale Agreement to be in
for 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
No deposit has been submitted to date.
thereof 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
To date the developer has complied.
the Agreement.
Pay closing costs not to exceed six - thousand
To date, no closing costs have been
dollars $6,000.
collected.
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Honorable City Council
August 20, 2008
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)
($1,636.00) per residential unit, and for
in accordance with the Agreement. Fees
institutional uses at a rate calculated by the
must be paid prior to issuance of Zoning
Community Development Department.
Clearance 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
units.
to 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
required.
for 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
Contribution (AOC) Fee.
Zoning 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
City Engineer, for all public street
to be reviewed and approved by the City
improvements.
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
To date no assessment district has been
related services for possible formation of a
required.
District as 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
August 20, 2008
Page 5
City 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.
appli cation 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
im rovements.
3.
Authorization for the City Manager to sign an early
No early grading permit has been
radin g permit.
requested to date.
4.
Agreement to process concurrently, whenever
To date, City has complied.
possible, all land use entitlements for the same
prop ert 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
rovisions 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
Assistant City Manager's Office oversees
affordable housing requirements.
affordable housing requirements.
8.
Agreement to facilitate reimbursement to
To date, no such request has been
developer of any costs incurred that may be
received.
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.
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Honorable City Council
August 20, 2008
Page 6
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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