HomeMy WebLinkAboutAGENDA REPORT 2007 1205 CC REG ITEM 10L ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David Bobardt, Planning Directo9
Prepared by Joseph Fiss, Principal Planner
DATE: November 16, 2007 (CC Meeting of 12/5/2007)
SUBJECT: Consider Report of Annual Review of Development Agreement
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, 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 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).
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.
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. On October 4, 2006, the City Council
accepted the Community Development Director's report and recommendation that, on the
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basis of substantial evidence, Pacific Communities had complied in good faith with the
terms and conditions of the Agreement, and deemed the annual review process complete.
The developer has submitted the necessary application form, related materials, and
fee/deposit for the 2007 annual review. The Planning Director has reviewed the submitted
information, including the project status and provides the following report.
DISCUSSION
Proiect Status
The following developer items have been completed or are currently in progress:
• Construction of a wall on the west property line is complete; Pacific Communities
removes graffiti on an as-needed basis.
• Improvement plans for grading, streets and drainage and the Final Map for Phase I
remain in the plan check process. The latest map check was returned to the
developer's engineer in June 2002, and the improvement plan check package was
returned to the developer in August 2002. Final corrected plans were never
resubmitted.
• An agreement was reached with Ventura County Flood Control for construction of
District of Moorpark Drain No. 2 (sixty (60") inch reinforced concrete pipe from Los
Angeles Avenue to Arroyo Simi).
• Caltrans encroachment permits and extensions had been issued for construction of
the traffic signal at Los Angeles Avenue and Shasta Avenue, and the street
widening improvements along Los Angeles Avenue. Pacific Communities has
dedicated the necessary right-of-way, and granted the City a construction easement
to move forward with the required improvements to Los Angeles Avenue. The City
is currently reviewing an agreement to reimburse the City for the cost of the
improvements prior to occupancy of the first residential unit.
Due to issues related to resolution of flood plain calculations and improvements to the
Arroyo Simi and other contributory storm drain systems, the developer has placed the
project on hold. In 2007, the developer has expressed interest in redesigning the project,
and met with City staff to discuss options. This could involve consideration by the Planning
Commission and City Council of either an amendment to the existing development
agreement or a completely new development agreement. At this time, however, no
application for a project redesign has been submitted. The project, if revised, would
include the land occupied by both Vesting Tentative Tract Map (VTTM) No. 5053 (247
units) and the later approved VTTM No. 5204 (37 units), which is referenced in the
development agreement but not specified in the project description.
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Pacific Communities had previously requested an amendment to provide consistency for
the expiration dates of the two VTTM's and the RPD's, which they had intended to be
developed as one project. The current status of entitlements for both projects is:
• Vesting Tentative Tract Map No. 5204 expired on October 18, 2005, and there
are no additional extensions available.
• Residential Planned Development Permit Nos. 1996-01 and 1999-04 expired on
June 16, 2006, and there are no additional extensions available.
• Vesting Tentative Map No. 5053 remains in force until June 16, 2009, under the
terms of the Development Agreement.
The processing of the amendment is on hold pending the decision of the developer on
whether or not to proceed with a redesigned project.
This report provides the annual review of the Development Agreement to date.
Annual Review
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.
No. Requirement Status
1. Compliance with Development Agreement, Project The Residential Planned Development
Approvals and Subsequent approvals. Permit has expired. A new application
will be required.
2. Intentionally left blank in the Development Agreement. N/A
3. Intentionally left blank in the Development Agreement. N/A
4. Payment of fee in lieu of park land dedication required to No request for fee calculation has been
be paid prior to recordation of each phase of the Final received. Payment required prior to
Map. The park fee is to be calculated in accordance Final Map recordation.
with the City's Subdivision Ordinance requirements, but
shall not be less than two thousand five hundred dollars
($2,500) for each residential lot.
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No. Requirement Status
5. Payment of "Development Fees" of two thousand five These fees will be adjusted annually
hundred dollars ($2,500) per residential unit. (until paid) using the Consumer Price
Index (CPI) in accordance with the
Agreement. Fees must be paid prior to
issuance of building permits. No
building permits have been issued to
date.
6. Payment of "Citywide Traffic Fees" of three thousand These fees will be adjusted annually
dollars ($3,000) per residential unit. (until paid)using the State Highway Bid
Price Index in accordance with the
Agreement. Fees must be paid prior to
issuance of building permits. No
building permits have been issued to
date.
7. Payment of all outstanding City processing and The project processing account
environmental processing costs. balance is current, and deposit of
$2,000 for the Development Agreement
-Annual Review, was paid.
8. Waive any right of any density bonus that would increase To date, the developer has complied
the number of dwelling units approved for this project. with this term of the agreement.
9. Agreement to cast affirmative vote for the formation of To date, the developer has complied
an assessment district with the power to levy with this term of the agreement.
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: Section 1.11 of the Development
Median Income Agreement includes provisions for
Eleven (11)three (3) bedroom units affordable housing on the
Eleven (11) four(4) bedroom units approximately five (5) acre parcel
(Tract No. 5204)located immediately to
Very Low Income the east, and approved as a thirty-
In lieu fee of$60,000 for each of fifteen (15) units, for seven (37) lot extension of the subject
a total $900,000 to be paid at$3,643.73 per unit prior development; however, the tentative
to issuance of building permit. map and residential planned
development permit have both expired.
11. Agreement to pay all City capital improvement, Capital improvement and development
development and processing fees. fees will be collected prior to issuance
of permits/Final Map.
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No. Requirement Status
12. Deposit one hundred thousand dollars ($100,000) with The developer deposited one hundred
the City for the purpose of managing and coordinating thousand dollars($100,000)on August
the widening of Los Angeles Avenue (SR 118) to three 24, 1999.
(3) travel lanes in each direction between Moorpark
Avenue and Spring Road.
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.
No. Requirement Status
1. Expedite (to the extent possible)the processing of plan Plan check is on hold pending resolution
checking and related processing. of flood control issues.
2. Units reserved for and sold to low income buyers shall To date, no building permits for
not be subject to air quality(Traffic Management System affordable housing have been issued.
Management) fees.
3. Condition Vesting Tentative Tract Map to expire ten(10) The adjacent 37-unit tentative map and
years after its approval or conditional approval, or upon both residential planned development
expiration of or earlier termination of this agreement. permits have expired. Tentative Tract
5053 expires June 16, 2009.
4. Authorize the City Manager to sign an Early Grading An Early Grading Agreement has been
Agreement to allow rough grading prior to City Council prepared, but has not yet been
approval of a final subdivision map. approved. This item is on hold pending
resolution of flood control issues.
5. Allow construction of one or more model homes prior to This item was on hold pending resolution
City Council approval of a final subdivision map. of flood control issues. A new residential
planned development permit will be
required.
6. Allow recordation of Final Maps for the VTTM in phases. This item is on hold pending resolution
of flood control issues.
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 Pacific Communities has, to date, complied in good faith with the
terms and conditions of the agreement.
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STAFF RECOMMENDATION
1. Accept the Community Development Director'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; and
2. Deem the annual review process complete.
ATTACHMENTS:
1. Location Map
2. Narrative prepared by Pacific Communities
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October 24, 2007 '
Mr. Joseph Fiss EID
Principal Planner
City of Moorpark OCT 2 6 2007
799 Moorpark Avenue
Moorpark, CA 93021IT�' �� '
Dear Mr. Fiss,
RE: Development Agreement Fees, Tracts 5053.and 5204
Per your letter dated October 15, 2007, enclosed is our U,heck for
$2,400.00 for the processing deposit.
Our status on this project is that we have imported more stockpile
material for future construction, and we are beginning the planning of
a totally new project in conjunction with discussions we have recently
had with City staff, including Barry Hogan, David Bobart and you.
We hope to have a product and a map ready for discussions with you
in the near future.
Should you have any questions, please let me know.
Sincerely,
David L. Chambers
Director of Engineering
CC ATTACHMENT 2
1000 Dove Street • Suite 100 • Newport Beach • CA 92660 • Tel 949-660-8988 • Fax 949-660-8866