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MOORPARK CITY COUNCIL r�
BY:
AGENDA REPORT
To: The Honorable City Council
From: Wayne Loftus, Director of Community DevelopmentA
Prepared by Laura Stringer, Senior Management Analyst
Date: July 23, 2001 (CC Meeting of 8/1/01)
Subject: Consider Report of Annual Development Agreement Review,
Established in Connection with a 35 Acre, Detached Single
Family Residential Unit Project Located on the South Side
of Los Angeles Avenue, West of Leta Yancy Road (Formerly
Liberty Bell Road) (Tract 5053, Pacific Communities).
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 and to assure
development in accordance with the terms and conditions of the
agreement.
On June 16, 1999, the Moorpark City Council adopted Ordinance No.
257 (effective July 16, 1999), approving a Development Agreement
between the City of Moorpark and MP Group, LLC (Pacific
Communities). The agreement was approved in connection with a
thirty five (35) acre, 247 unit, detached single family residential
project located on the south side of Los Angeles Avenue west of
Leta Yancy Road (formerly Liberty Bell Road). Additionally,
Section 1.11 of the Development Agreement includes provisions for
affordable housing on the approximately five (5) acre parcel (Tract
No. 5204) located immediately to the east, and approved as a
thirty -seven (37) lot extension of the subject development. The
agreement remains in full force and effect for twenty (20) years
from the operative date of the agreement (until January 15, 2019),
or until the close of escrow on the initial sale of the last
Affordable Housing Unit, whichever occurs last.
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agrpt .paccomm.darev.d1.7.09.0l.doc r`r' "1'
Development Agreement Annual Review (Pacific Communities)
July 23, 2001
Page 2
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 developer has submitted the necessary application
form, related materials, and fee /deposit. The Director of
Community Development has reviewed the submitted information,
including the project status and provides the following report.
DISCUSSION
Project Status
The following developer items have been completed or are currently
in progress:
• Building Permit No. 9425 for construction of a wall on the
west property line was issued on January 22, 2001, which has
been completed.
• All improvement plans have been submitted for plan check and
are currently in the plan check review process.
• Building plans for the models have been submitted and reviewed
by the Building and Safety Department. Zone Clearance has not
yet been issued.
• The developer has indicated that an agreement has been
executed with Ventura County Flood Control District for the
construction of the Walnut Canyon Drain - Diversion Channel.
• An Early Grading Agreement per the provisions of section 7.4
is in process, but has not yet been approved.
Within the next twelve (12) months the developer anticipates
completion of the following:
• Completion of grading
• Issuance of Model Home building permits
• Issuance of permits for infra - structure improvements
(D 00 :1.2
Development Agreement Annual Review (Pacific Communities)
July 23, 2001
Page 3
• Recordation of phases one and two of the Final Map, involving
approximately eighty (80) lots.
• Initiate construction of production housing
• Completion of the Affordable Housing Implementation and Resale
Restriction Plan
Developer Compliance with Terms of Agreement
Pacific Communities' development responsibilities are included in
Section 6 of the Development Agreement, and include twelve (12)
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. Where
no comment appears concerning the Development Agreement Sections
identified below, no specific activity has occurred.
1. Compliance with Development Agreement, Project Approvals and
Subsequent approvals.
To date the project is in compliance with project approvals
2. Intentionally left blank in the Development Agreement.
3. Intentionally left blank in the Development Agreement.
4. Payment of fee in lieu of park land dedication required to be
paid prior to recordation of each phase of the final tract
map. The park fee is to be calculated in accordance with the
City's Subdivision Ordinance requirements, but shall not be
less than two thousand five hundred dollars ($2,500) for each
residential lot.
5. Payment of "Development Fees" of two thousand five hundred
dollars ($2,500) per residential unit.
These fees will be adjusted annually (until paid) using the
Consumer Price Index (CPI) in accordance with the agreement.
Fees must be paid prior to issuance of building permits.
6. Payment of "Citywide Traffic Fees" of three thousand dollars
($3,000) per residential unit.
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Development Agreement Annual Review (Pacific Communities)
July 23, 2001
Page 4
These fees will be adjusted annually (until paid) using the
State Highway Bid Price Index in accordance with the
agreement. Fees must be paid prior to issuance of building
permits.
7. Payment of all outstanding city processing and environmental
processing costs.
The project processing account balance is current, and the
Annual Review Application deposit of $1,760 for the
Development Agreement - Annual Review, was paid on July 6,
2001.
8. Waive any right of any density bonus that would increase the
number of dwelling units approved for this project.
9. Agreement to cast affirmative vote for the formation of an
assessment district with the power to levy assessments for the
maintenance of parkway landscaping, street lighting (upon
Council request - parks conferring special benefits), and to
obligate the property owners association to provide for
maintenance of parkway landscaping and street lighting in the
event the assessment district is dissolved
10. Provide Affordable Housing Units as follows:
Eleven (11) three (3) bedroom units at approximately 1,027
square feet and eleven (11) four (4) bedroom units at
approximately 1,131 square feet to be sold to buyers who meet
the criteria for low income which is 800 of median income.
In lieu of fifteen (15) Very Low Income Affordable Housing
Units, pay a fee of sixty thousand dollars for each, for a
total of nine hundred thousand dollars ($900,000). A pro -
rata share of the in lieu fee in the amount of three thousand
six hundred forty three dollars and seventy three cents
($3,643.73) shall be paid prior to issuance of building
permit for each dwelling unit.
In addition to the above, Section 1.11 of the Development
Agreement provides that fifteen percent (150), or six (6) of
the thirty -seven (37) units approved for the approximately
5 acres site east of and adjacent to Tract No. 5053 (Tract
No. 5204 /RPD 99 -4) be sold to persons /families meeting the
moderate income level.
C0 O'Ar -�: IL .' -
Development Agreement Annual
July 23, 2001
Page 5
Review (Pacific Communities)
11. Agreement to pay all City capital improvement, development and
processing fees.
12. Deposit one hundred thousand dollars ($100,000) with the City
for the purpose of managing and coordinating the widening of
Los Angeles Avenue (SR 118) to three (3) travel lanes in each
direction between Moorpark Avenue and Spring Road.
The developer deposited one hundred thousand dollars
($100,000) on August 24, 1999.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include six (6) specific provisions, as summarized
below.
1. Expedite (to the extent possible) the processing of plan
checking, and related processing.
2. Units reserved for and sold to low income buyers shall not be
subject to air quality (Traffic Management System Management)
fees.
3. Condition Vesting Tentative Tract Map to expire ten (10) years
after its approval or conditional approval, or upon expiration
of or earlier termination of this agreement.
4. Authorize the City Manager to sign an Early Grading Agreement
to allow rough grading prior to City Council approval of a
final subdivision map.
An Early Grading Agreement has been prepared, but has not yet
been approved.
5. Allow construction of one or more model homes prior to City
Council approval of a final subdivision map.
6. Allow recordation of final maps for the VTTM in phases.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application and the status of the project, the Director of
Community Development has determined, on the basis of substantial
�
0611AZIls
Development Agreement Annual Review (Pacific Communities)
July 23, 2001
Page 6
evidence, that Pacific Communities has, to date, complied in good
faith with the terms and conditions of the agreement.
STAFF RECObOMNDATIONS
1. Accept the Director of Community Development's Report and
recommendation that, on the basis of substantial evidence,
Pacific Communities 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) Narrative from Pacific Communities
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NARRATIVE OF THE PROJECT ACTIVITIES:
TASK COMPLETED DURING THE PAST 12 MONTHS:
WALL PERMIT HAVE BEEN ISSUED.
2 PROGRESS MADE DURING THE PAST 12 MONTHS:
ALL IMPROVEMENT PLANS HAVE BEEN COMPLETED, SUBMITTED FOR PLAN CHECK,
MODEL BUILDING PERMITS ARE READY TO BE ISSUED PENDING UPON THE PRECISE GRADING APPROVAL
AGREEMENT SIGNED WITH VENTURE COUNTY FLOOD CONTROL DISTRICT TO CONSTRUCT THE WALNUT DRAIN
3 TASKS TO BE COMPLETED IN THE NEXT 12 MONTHS:
PULL MODEL PERMITS AND START THE CONSTRUCTION OF MODELS
COMPLETE ROUGH GRADING
PULL ALL IMPROVEMENT PERMITS AND START IMPROVEMENTS( SEWER, STORM, WATER, STREET)
RECORD PHASE 1 AND 2, START CONSTRUCTION OF PRODUCTION HOMES
COMPLETE AFFORDABLE HOUSING IMPLEMENTATION PLAN
START THE SALES ACTIVITIES