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HomeMy WebLinkAboutAGENDA REPORT 2007 0919 CC REG ITEM 10H rTM 10. City Council Meeting of ACTION: MOORPARK CITY COUNCIL BY: Ald AGENDA REPORT TO: Honorable City Council 12 FROM: David A. Bobardt, Planning Director Prepared By: Joseph Fiss, Principal P nner : ! DATE: September 10, 2007 (CC Meeting of 9/19/2007) 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 20, 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 2007 annual review. The Planning Director has reviewed the submitted information and the project status and provides the following report. \\Mor_pri_serv\City Share\Community Develop ment\AD M I N\AGMTS\D A\2003-01 Shea\Reports\cc 070919.doc 0 O 0 21 S Honorable City Council September 19, 2007 Page 2 DISCUSSION Current Project Status • Although improvement plans have been submitted for plan review, this project is 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. A Project Suspension Agreement has been prepared and recorded on February 22, 2007, to clarify the terms of the suspension. 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. o 0� \\Mor_pri_sery\City Share\Community Development\ADMIN\AGMTS\D A\2003-01 Shea\Reports\cc 070919.doc Honorable City Council September 19, 2007 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 Agreement-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. 00 � Honorable City Council September 19, 2007 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, 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. Honorable City Council September 19, 2007 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. 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 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 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. Honorable City Council September 19, 2007 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 �� �2 0 11� IBM 11111/��'� " L _I •r 1' �1 1� - I I •, L :� 1 a _ T ..�r.•wg __- _ �s.v.�_ i LEI ME OF MOORPARK dW CC ATTACHMENT 2 Development Agreement Annual Review - 2007 Canterbury II — TTM 5425 In 2007 Shea Homes has proceeded with processing through the City the Improvement Plans for TTM 5425 in preparation for a Final Map. The plans have been through the 3 I plan check submittal, and most of the outstanding items have been addressed. The key outstanding item to be completed includes the CLOMR. The CLOMR is on hold until we receive FEMA resolution of the City appeal of the new proposed FIRM. On July 18th FEMA responded to the City's appeal with 4 new comments. Our consultants have forecasted that upon resubmittal we are 90-120 days from FEMA approval of the appeal. Once the appeal is approved, and the FIRM has been finalized, we will resume our processing of the CLOMR and Final Map. CC ATTACHMENT 3 r y