HomeMy WebLinkAboutAGENDA REPORT 2008 0820 CC REG ITEM 10UITEM 10 - U4
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ACTION:
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph R. Vacca, Princ' a Planne
DATE: August 6, 2008 (CC Meeting of 812012008)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Canyon Crest Ranch Partners -
Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of
Walnut Canyon Road at Championship Drive (Tentative Tract Map
5437), on the Application of Canyon Crest Ranch Partners- Moorpark,
LLC (Birdsall)
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 June 7, 2006, the Moorpark City Council adopted Ordinance No. 336 (effective July 8,
2006), approving a Development Agreement between the City of Moorpark and Canyon
Crest Ranch Partners- Moorpark, LLC (Birdsall). The agreement was approved in
connection with the Tract No. 5437/RPD 2004 -05, to develop sixteen (16) homes, five (5)
custom home lots and one (1) open space lot on approximately 42.4 acres east of Walnut
Canyon Road at Championship Drive. The agreement remains in full force and effect for
twenty (20) years from the operative date of the agreement (until July 8, 2026), 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.
Honorable City Council
August 20, 2008
Page 2
This is the second annual review of the Development Agreement with Canyon Crest Ranch
Partners- Moorpark, LLC. John Newton, on behalf of Canyon Crest Ranch Partners -
Moorpark, LLC, has 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 developer has provided condition compliance deposits and has submitted the
final map, grading plans, and drainage and street improvement plans for
engineering plan check.
• Efforts to obtain reciprocal drainage easements and right of entry permission and
shared Homeowner's Association pro -rata cost responsibilities are on -going with KB
Home, who is developing Planning Areas 8 and 9, of the northern portion of the
adjacent Moorpark Highlands development area.
• The developer has acquired vacant property on the north side of Charles Street for
the purposes of building two affordable housing units to satisfy the affordable
housing requirements of the project. A lot line adjustment was approved as part of
the land acquisition to add approximately 1,400 sq. ft. of land area to the project in
order to accommodate one additional market rate unit to be included in the
affordable housing project.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Processing of a Landscape Maintenance District will be required as part of the final
map review and approval process.
• The Residential Planned Development Permit No. 2004 -05, associated with the
overall project, has expired and the developer anticipates filing for a new Residential
Planned Development permit at some point in 2009.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include twenty -one (21) 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.
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Reports \080820 annual review.doc
Honorable City Council
August 20, 2008
Page 3
NO.
REQUIREMENT
STATUS
1.
Developer shall comply with the Agreement,
Developer is in compliance with all
subsequent project approvals and Mitigation
requirements at this time.
Monitoring Program.
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 nine-
These fees will be adjusted annually (until
thousand -two- hundred - ninety -one dollars
paid) using the Consumer Price Index (CPI)
($9,291.00) per residential unit and forty -one
in accordance with the agreement. Fees
thousand - eight- hundred - twelve dollars
must be paid prior to issuance of Zoning
($41,812.00) per gross acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
4.
Payment of "Citywide Traffic Fees" of six-
Beginning January 1, 2008, these fees will
thousand - five - hundred -thirty one dollars
be adjusted annually (until paid) using the
($6,531.00) per residential unit and twenty -nine-
State Highway Bid Price Index in
thousand - three - hundred - ninety -one dollars
accordance with the agreement. Fees must
($29,391.00) per acre of institutional land.
be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
5.
Payment of "Community Service Fees" of two-
Beginning January 1, 2008, these fees will
thousand - three - hundred - forty -nine
be adjusted annually (until paid) using the
dollars($2,349.00) per residential unit and
Consumer Price Index (CPI) in accordance
seven - thousand - four - hundred -thirty -six dollars
with the agreement. Fees must be paid prior
($7,436) per gross acre of institutional land.
to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
6.
Payment of "Public Facilities" fee of ten-
Beginning July 8, 2007, and annually
thousand dollars ($10,000) per residential unit.
thereafter, this fee will be adjusted, (until
paid) using the Consumer Price Index (CPI)
in accordance with the agreement. Fees
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
7.
Payment of a fee in lieu of park dedication "Park
Beginning July 8, 2007, and annually
Fee" of fifteen - thousand - three - hundred - forty-
thereafter, this fee will be adjusted, (until
eight- thousand dollars ($15,348.00) per
paid) using the Consumer Price Index (CPI)
residential unit and fifty cents ($0.50) per
in accordance with the agreement. Fees
square foot of each building used for
must be paid prior to issuance of Zoning
institutional purposes.
Clearance for Building Permit. No Building
Permits have been issued.
8.
Provided that prior to Final Map recordation, or
If determined necessary, these
March 31, 2008, confirmation from Ventura
improvements will be included in the Water
County Waterworks District No. 1 that sufficient
Works District No. 1 improvement plan
recycled water is available to serve public and
package and will be bonded for prior to
community owned landscape areas. Developer
recordation of the Final Map.
shall design and construct facilities required to
deliver the reclaimed water to the project, and
provide payment of any connection /meter fees
required by the District.
\ \Mor_pri_sery \City Share \Community Development\ADMIN\AGMTS\D X2006 -01 Canyon Crest Ranch Partners- Moorpark, LLC (Birdsall)\Agenda
Reports \080820 annual review.doc
Honorable City Council
August 20, 2008
Page 4
NO.
REQUIREMENT
STATUS
9.
To fulfill a portion of the Affordable Housing
The Affordable Housing Fee shall be paid
requirement the developer shall pay a Thirty-
prior to occupancy of the 15th residential unit
Thousand Dollar ($30,000.00) Affordable
in Tract 5437.
Housing Fee, which shall be indexed annually
using the Housing Index. Payment shall be
No fees have been collected to date for
completed prior to the occupancy of the 15th
affordable housing activities.
residential unit in Tract 5437.
Developer shall also provide one (1) four (4)
bedroom and two bath single family detached
unit with a minimum of 1,200 sq. ft. for low
income (80 percent or less of median income);
and one (1) four (4) bedroom and two (2) bath
single family detached unit with a minimum of
1,200 sq. ft. to be sold to a buyer who meets
the criteria for very low income (50 percent or
less of median income). The units shall include
amenities as specified in the agreement.
Prior to recordation of the final map the City
Council shall approve an Affordable Housing
Implementation and Resale Restriction Plan
and prior to the occupancy of the first residential
unit of the project the developer shall execute
an Affordable Housing Agreement with the City
Council. The developer shall pay up to a
maximum of ten - thousand dollars ($10,000) for
City's direct costs for preparation of the Plan
and Agreement.
One (1) low income unit and one (1) very low
income unit shall be provided by the Developer
and occupied by qualified buyers prior to
occupancy of the 15th residential unit in Tract
5437.
Compliance with requirements for home
inspection and completion of necessary repairs,
including purchase of standard home warranty
policy for a three year period is required. No
shake or wood shingle roofs shall be approved.
Developer shall provide an HOA trust for HOA
fees in excess of $100.00.
Compliance with purchase price requirements
of the agreement is required.
Developer shall pay closing costs not to exceed
six - thousand -three hundred dollars $6,300.00,
which shall be increased by any increase in CPI
after March 1, 2008.
10.
Pay Air Quality Fee in the amount of one-
Beginning January 1, 2007, and annually
thousand - seven - hundred -nine dollars
thereafter, this fee will be adjusted, (until
($1,709.00) per residential unit, and for
paid) using the Consumer Price Index (CPI)
institutional uses at a rate calculated by the
in accordance with the agreement. Fees
Community Development Director.
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
\ \Mor_pri_sery \City Share \Community Development\ADMIN\AGMTS \D A \2006 -01 Canyon Crest Ranch Partners- Moorpark, LLC (Birdsall)\Agenda
Reports \080820 annual review.doc
Honorable City Council
August 20, 2008
Page 5
NO.
REQUIREMENT
STATUS
11.
Waiver of any density bonus rights that would
The applicant has not requested density
increase the number of dwelling units approved
bonus units.
to be constructed on the property.
12.
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.
13.
Payment of all City capital improvement and
No fees have been collected to date, fund
processing fees.
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.
Street improvements designed and constructed
To be included with project improvement
for a 50-year life.
tans.
16.
Agreement to pay any fees and payments
Fees must be paid prior to issuance of
pursuant to this Agreement without reservation.
Zoning Clearance for Building Permit. No
Building Permits have been issued.
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 cash deposit for costs related to
No fees have been collected to date, fund
formation of Community Facilities District.
review ongoing.
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.
Payment of all outstanding fees related to
Developer is in compliance with all
preparation of this agreement, project approval
requirements at this time.
and MND.
21.
In the event any of the "referenced Index" or
To date, the "referenced Index" or "CPI"
"CPI" are discontinued or revised, such
remain in place for appropriate indexing as
successor index with which the "CPI" or
required.
"referenced Index" are replaced shall be used in
order to obtain the same result as would
otherwise have been obtained.
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.
\\mor_pri_sery \City Share \Community Development\ADMIN\AGMTS \D A\2006 -01 Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall)\Agenda
Reports \080820 annual review.doc
Honorable City Council
August 20, 2008
Page 6
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 improvements.
3.
Authorization for the City Manager to sign an early
No early grading permit has been
grading permit.
requested 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, City has complied.
Community Facilities District formation and incur
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.
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 6.9.
8.
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 Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall) has, to date,
complied in good faith with the terms and conditions of the agreement.
FISCAL IMPACT
None.
\ \mor_ MIM
pri_sery \City Share \Community DevelopmenAADAGM\D TS A\2006 -01 Canyon Crest Ranch Partners- Moorpark, LLC (Birdsall)\Agenda
Reports \080820 annual review.doc
Honorable City Council
August 20, 2008
Page 7
STAFF RECOMMENDATION
1. Accept the Planning Director's Report and recommendation, on the basis of
substantial evidence, that Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall),
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 John Newton, on Behalf of Canyon Crest Ranch Partners - Moorpark,
LLC (Birdsall).
\\mor_pri_sery \City Share \Community Development\ADIVIUAGMTS\D A\2006 -01 Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall)\Agenda
Reports \080820 annual review.doc
T LOCATION MAP
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The Birdsall Group, LLC
Development Agreement
Annual Review
Page 2
NARRATIVE
Since approval of Development Agreement No. 2006 -01, Ordinance No. 336, The
Birdsall Group, LLC has diligently pursued recordation of the Final Map in consultation with
the City Engineer's staff.
Grading & Drainage, Water & Sewer, and Street & Utility Plans are in the final stages of
approval. The reciprocal easements for off -site drainage facilities, access, and the HOA joint
maintenance agreement are also being finalized with Pardee and KB Homes. Community
Development staff have been helpful in encouraging developer cooperation in this regard.
In addition, the developer has acquired property N /Charles Street for purposes of building
two affordable housing units to meet the AH requirements imposed upon the project. A Lot
Line Adjustment has been processed and approved to add approximately 1,400 S.F. of land area
to the Charles Street project, whereby one additional market rate unit can be included in that
project.
The Birdsall Group recognizes that the RPD Permit element of the project has expired,
and will file for renewal. The residential market condition has prevented the project from going
forward as originally planned. It now appears that improvement plan construction can be
initiated in 2009.
CC ATTACHMENT 3