HomeMy WebLinkAboutAGENDA REPORT 2007 0307 CC REG ITEM 10JTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Barry K. Hogan, Community Development Din
Prepared By: Joseph R. Vacca, Principal Plan
February 16, 2007 (CC Meeting of 03/07107)
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ACTION:
7.a 007
AC
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.
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 third 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 2007 annual review. The Community Development Director has
reviewed the submitted information and the project status and provides the following report.
S \COMMUN -1 WDMIN\AGMTS\D A \1998 -03 SunCaRAgenda Reports \cc 070307 doc 000234
Honorable City Council
March 7, 2007
Page 2
DISCUSSION
Current Proi ct 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. All of the required nineteen (19) necessary sidewalk easements have
been obtained and seven of the nine required storm drain easements have been
obtained from homeowners along that street.
• Caltrans plans for work in the state right -of -way have been submitted and an
encroachment permit for the required work is being processed.
• 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 the only the timing language of condition number 20
of City Council Resolution Number 2003 -2150, (which stated that: Priorto 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.
• 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.
000235
Honorable City Council
March 7, 2007
Page 3
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
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 eight-
These fees will be adjusted annually (until
thousand - six - hundred - thirty -five dollars
paid) using the Consumer Price Index (CPI)
($8,635.00) per residential unit and thirty- eight-
in accordance with the agreement. Fees
thousand - eight- hundred -fifty -eight dollars
must be paid prior to issuance of Zoning
($38,858) per gross acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
4.
Payment of "Citywide Traffic Fees" of four-
Beginning January 1, 2005, these fees will
thousand -six- hundred -sixty -four dollars
be adjusted annually (until paid) using the
($4,664 00) per residential unit and twenty-
State Highway Bid Price Index in
thousand - nine - hundred - ninety-eight dollars
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.
5.
Payment of "Community Service Fees" of two-
Beginning January 1, 2007, these fees will
thousand - two - hundred -thirty -three
be adjusted annually (until paid) using the
dollars($2,233.00) per residential unit and
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
A reement - Annual Review.
7.
Payment of a fee in lieu of park dedication "Park
These fees will be adjusted annually (until
Fee" of ten - thousand -eighty dollars
paid) using the Consumer Price Index (CPI)
($10,080.00) per residential unit and fifty cents
in accordance with the agreement. Fees
($0.50) per square foot of each building used
must be paid prior to issuance of Zoning
for institutional purposes.
Clearance for Building Permit No Building
Permits have been issued
0 002�b
Honorable City Council
March 7, 2007
Page 4
NO.
REQUIREMENT
STATUS
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. Moorpark 150, LLC
fees required by the District.
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
Beginning January 1, 2005, this fee
dollars $140,000.00 to satisfy obligation for
increases by one -half percent (0.05 %) each
upgrading the intersections of Moorpark Avenue
month until paid. The fee must be paid prior
(SR 23) at Charles Street and at High Street.
to recordation of the first Final Map No
Final Maps have been recorded to date.
11.
Provide five (5) four (4) bedroom and two bath
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 sq. ft. for very low income (50 percent of
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 50"' residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 901" residential unit in Tract
5130
60023':'
Honorable City Council
March 7, 2007
Page 5
NO.
REQUIREMENT
STATUS
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-
Beginning March 1, 2007, these fees will be
thousand - five - hundred - eighty-eight dollars
adjusted annually (until paid) using the
($1,588.00) per residential unit, and for
Consumer Price Index (CPI) in accordance
institutional uses at a rate calculated by the
with the agreement Fees must be paid prior
Community Development Department.
to issuance 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.
14.
Agreement to cast affirmative ballots for
A Landscape Maintenance District is in
formation of one or more assessment districts
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
ongoing.
16.
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.
17.
Payment of seventy- thousand dollars
Must be paid prior to approval of first Final
($70,000.00) to satisfy Mitigation Measures 2, 5,
Map. The fee has not yet been paid.
and 11 for open space acquisition and
maintenance, and habitat restoration and
reservation.
18.
Street improvements for North Hills Parkway
To be included with project improvement
designed and constructed for a 50-year life.
plans.
O 0 0 403A
Honorable City Council
March 7, 2007
Page 6
NO.
REQUIREMENT
STATUS
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
Construction of roadway improvements to
[Condition number 20 of City Council Resolution
Walnut Canyon Road shall be completed to
Number 2003 -2150, - originally stated that: Prior
the satisfaction of the City Engineer and
to issuance of a Certificate of Occupancy for the
Public Works Director by November 8, 2008,
first dwelling unit, construction of roadway
or prior to occupancy of the fiftieth (501")
improvements to Walnut Canyon Road shall be
residential unit, whichever comes first; the
completed to the satisfaction of the City
remainder of the language in Condition No. 20
Engineer]
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 (50"')
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
pursuant to this Agreement without reservation.
requirements at this time.
21.
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,
22.
Install 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
Parkway, subject to approval of Ventura County
Waterworks District No. 1, Community
Development Director and City Engineer.
23.
Provide cash deposit for costs related to
On September 15, 2004, Moorpark 150
formation of Community Facilities District.
LLC., submitted a $100,000.00 cash deposit
to cover the costs for the creation of the
Community Facilities District.
24.
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.
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.
000239
Honorable City Council
March 7, 2007
Page 7
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
qrading 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
Community Facilities District has been
Community Facilities District formation and incur
approved.
bonded indebtedness.
7.
Agreement to appoint affordable housing staff
The Senior Management Analyst 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 6.11.
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
processed as Permit Adjustments subject
Plan exhibit, subject to approval of the Community
to the approval of the Community
Development Director /City Council that the overall
Development 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 Community Development 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.
000240
Honorable City Council
March 7, 2007
Page 8
STAFF RECOMMENDATION
Accept the Community Development 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 Paul Cooper,
Hudson Advisors, on Behalf of Moorpark 150, LLC.
000241
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CC ATTACH
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- - - ,
MOORPARK 150, LLC
717 N. Harwood, Suite 2100 C
Dallas, TX 75201 City of Moorpark
ommunity Development
February 19, 2007
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 Tract 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. I have previously submitted the required fee for the annual review, in
the amount of $2,400.00; please see the accompanying copy of Check No. 19832,
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 in preparation for performing
the required improvements to Walnut Canyon Road. All 19 of the necessary sidewalk
easements and six of the nine required sewer easements have been obtained from
homeowners along that street. The California Department of Transportation has reviewed
plans for the improvements in their right -of -way, and an encroachment permit for the
required work is being processed. Finally, we are preparing to engage a consultant to
locate precisely the Ventura Waterworks District No. 1 water line within the right-of-way.
2. Development plans for the project site itself also are nearing
completion. The City has reviewed the grading plans, erosion control plans and drainage
plans, and has provided the developer with a "punch list" of remaining items required for
issuance of a rough grading permit.
3. The final subdivision map similarly has been reviewed by the City,
and we anticipate issuance shortly of a report identifying remaining requirements for final
map approval.
The City has approved street names for the interior of the project.
CC ATTACHMENT 3
60024e:
Joe Vacca, Principal Planner
Community Development Department
City of Moorpark
February 19, 2007
Page 2
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, LI,C. In December 2006, I.SOF acquired the
5% interest previously held by Moorpark Equity Partners, Ltd., an affiliate of the SunCal
Companies. While it has no formal obligations, SunCal remains active in an advisory
capacity.
I understand that you intend to present the current Development Agreement review
to the City Council in the coming month. Please provide me with a copy of your staff
report as soon as it is available, and let me know when this matter will be on the City
Council agenda. I will be happy to provide you with any further information which you
need to complete your report.
Sin e ly,
Paul B Cooper
Telephone 214 - 754 -8486
Cc: Ed Pickett, SunCal Companies
Eric: Copy of Check No. 19832, i /a/o $2,400.00
0002-e-5