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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Laura Stringer, Administrative Se is s Manager 7
DATE: January 3, 2006 (CC Meeting of 1118/2006)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Moorpark Highlands Specific Plan No.
2, a Master Planned Community, Located East of Walnut Canyon Road
and North of Charles Street, on the Application of Pardee 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 October 6, 1999, the Moorpark City Council adopted Ordinance No. 263 (effective
November 5, 1999), approving a Development Agreement between the City of Moorpark
and Fountainwood Agoura (Morrison - Fountainwood- Agoura). The agreement was
approved in connection with Moorpark Highlands Specific Plan No. 2; a 445 -acre, master
planned community, located east of Walnut Canyon Road and north of Charles Street.
The agreement remains in full force and effect for twenty (20) years from the operative
date of the agreement (until November 5, 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. The 2004 annual review was
completed on January 5, 2005. Pardee Homes (successor in title) has submitted the
necessary application form, related materials, and fee /deposit for the 2005 annual review.
The Community Development Director has reviewed the submitted information and the
project status and provides the following report.
\\Mor_pri_sery \City Share \Community Development\ADMIMHGMTS\D A\1998 -01 Pardee\agenda reports \cc 06_0118.doc
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Honorable City Council
January 18, 2006
Page 2
DISCUSSION:
Current Project Status
The following aspects of Specific Plan No. 2 were completed since the last Development
Agreement Annual review:
• RPD and Zoning Ordinance Amendment (ZOA) applications for Planning Areas 5, 8
and 9 were approved by City Council on April 6, 2005.
• The Implementation Plan was approved by City Council on April 20, 2005.
• Rough grading plans and all utility, street and storm drain improvement plans have
been approved and the majority of this construction has been completed.
• An agreement with Moorpark Unified School District was reached on November 18,
2005.
• Street names were approved on September 21, 2005.
• Final Maps for Tract No. 5045 -1, -2 and -3 were approved by City Council on October
5, 2005 and were recorded on December 22, 2005.
• Model Homes for Planning Areas 1 and 4 were approved and construction is nearly
complete. Grand opening is tentatively scheduled for January 21, 2006.
• Model Homes for Planning Areas 2 and 3 were approved and construction is expected
to begin January 30, 2006, with anticipated completion in June 2006.
• The fine grading /site plan for Planning Area 4 has been approved and the fine
grading /site plan for Planning Area 1 is in final review.
• The Affordable Housing Purchase and Sale Agreement has been completed and
submitted to Pardee for signature.
The following aspects of Specific Plan No. 2 are currently underway:
• The off -site Spring Road wall plans are being prepared for conceptual review by staff
prior to final review by City Council. Pardee is in the process of acquiring rights -of -entry
from affected property owners' to construct the wall. Staff will be working with Pardee
to address property owner questions.
• Final Maps for Tract No. 5045 -4, -5, -6, -7 and -8 are currently in review.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include thirty -two (32) specific requirements, as summarized below. Compliance with
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Honorable City Council
January 18, 2006
Page 3
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
To date the developer is in
Agreement, project approvals and
compliance with this requirement.
subsequent approvals.
2.
Land dedicated to the Moorpark Unified
An agreement with Moorpark Unified
School District (MUSD) to be deed
School District was reached on
restricted by covenant to limit use of
November 18, 2005.
the land to school facilities for
kindergarten through 12th grade.
3.
Lands and interests in dedicated lands
The developer must provide clear
to be free of liens and encumbrances.
title to any property required for
dedications. Final Maps are being
reviewed for compliance with this
requirement.
4.
Payment of "Development Fees" of
These fees will be adjusted annually
seven thousand three hundred dollars
(until paid) using the Consumer
($7,300) per residential unit and thirty
Price Index (CPI) in accordance with
two thousand eight hundred dollars
the agreement. Fees must be paid
($32,800) per gross acre of institutional
prior to issuance of Zoning
land.
Clearance for Building Permit. This
fee has been paid for model homes
in Planning Areas 1 -4. Cost
indexing will commence one year
after issuance of first model home
building permit, which was issued
August 18, 2005.
5.
Payment of "Citywide Traffic Fees" of
These fees will be adjusted annually
four thousand dollars ($4,000) per
(until paid) using the State Highway
residential unit and eighteen thousand
Bid Price Index in accordance with
dollars ($18,000) per acre of
the agreement. Fees must be paid
institutional land.
prior to issuance of Zoning
Clearance for Building Permit. This
fee (as indexed) has been paid for
model homes in Planning Areas 1 -4.
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Honorable City Council
January 18, 2006
Page 4
NO.
REQUIREMENT
STATUS
6.
Payment of "Community Service Fees"
These fees will be adjusted annually
of five hundred dollars ($500) per
(until paid) using the Consumer
residential unit and two thousand two
Price Index (CPI) in accordance with
hundred fifty dollars ($2,250) per gross
the agreement. Fees must be paid
acre of institutional land.
prior to issuance of Zoning
Clearance for Building Permit. This
fee (as indexed) has been paid for
model homes in Planning Areas 1 -4.
7.
Granting of a conservation easement to
The conservation easement was
the City to retain the Open Space lots
included on the Final Map for Tract
within Planning Areas 10, 11, 14, 15
No. 5045 -1.
and 16, allowing only those uses
permitted in the Development
Regulations of the Specific Plan Open
Space Zones.
8.
Payment of all outstanding processing
This is an ongoing requirement. At
costs.
this time the developer is current
with all processing costs, including
submittal of Annual Review
Application and deposit for
Development Agreement - Annual
Review.
9.
Dedication of approximately seven (7)
Dedication of the park site was
acres of parkland to the City, including
included on the Final Map for Tract
construction of park improvements, as
No. 5045 -1. The improvements to
detailed in the agreement.
the park are to be completed prior to
occupancy of the 350th dwelling unit.
Prior to occupancy of the 500th
residential unit, the developer shall
also submit a cash deposit of
$350,000 to fund replacement of
park amenities. Review of the park
plans is pending coordination with
Moorpark Unified School District.
10.
Construct public streets adjacent to
The improvements were included in
school and park sites.
the improvement plan package and
construction is nearly complete.
11.
Construct appropriately sized water
At the present time, no connection
line, pumping facilities, and storage
points exist within the vicinity of the
facilities for recycled water.
project.
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Honorable City Council
January 18, 2006
Page 5
NO.
12.
13
14
REQUIREMENT
Dedication of greenbelt, open space
areas, landscape areas, and trails to
the City. Such areas not dedicated to
the City shall include a conservation
easement to the City.
Grant a conservation easement to the
City for Planning Areas 12 and 13 to
insure public open space.
Prior to recordation of the first final
map, provide a City Council approved
Affordable Housing Implementation and
Resale Restriction Plan (Plan) with
provisions for:
Buyers who meet the criteria for low
income (80% of median income):
Twelve (12) three (3) bedroom and
two (2) bath units no less than 1050
square feet in size.
Thirteen (13) four (4) bedroom and
two (2) bath units at no less than
1425 square feet in size.
Prior to occupancy of the first
residential unit, execute an Affordable
Housing Agreement that incorporates
the Plan.
Pay City's direct cost, up to five
thousand dollars ($5,000) for
preparation and review of the
Implementation and Resale Restriction
Plan and Agreement.
Payment of In -Lieu Fees of three
thousand, five hundred dollars ($3,580)
per unit (for each of the dwelling units
in the project).
STATUS
The trails, greenbelts and open
space areas were included on the
Final Maps for No. 5045 -1, -2 and -
3. Final Maps for Tract No. 5045 -4
through 8 are currently being
reviewed for these areas. The trails
are also included on the rough
grading plan and landscape plans.
The conservation easements were
included on the Final Map for Tract
No. 5045 -1.
A Purchase and Sale Agreement in
lieu of an Affordable Housing
Agreement has been prepared and
submitted to Pardee for signature.
The $5,000 payment has been
received.
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 Zoning
00011'7
Honorable City Council
January 18, 2006
Page 6
NO.
REQUIREMENT
STATUS
Clearance for Building Permit. This
fee (as indexed) has been paid for
model homes in Planning Areas 1 -4.
15.
Agreement to Mitigation Measures
Community Development staff will
included in the Final Environmental
provide the lead in Mitigation
Impact Report (EIR) including payment
Monitoring. Air Quality Fees (TSM)
of "Air Quality Fee" to be calculated as
will be calculated and collected prior
a condition of the issuance of building
to Zoning Clearance for Building
permit for each unit.
Permit. This fee (as calculated using
URBEMIS) has been paid for model
homes in Planning Areas 1 -4.
16.
Installation of block wall fencing and
A conceptual plan is being prepared
landscape screening along the east
for staff review. Installation of the
side of Spring Road along the rear of
walls is to occur prior to first final
the homes on Sir George Court.
building permit/occupancy for Phase
1 of the Specific Plan development.
17.
Submit and gain approval from City
An Implementation Plan was
Council of a plan to guarantee the
approved by City Council on April
agreements contained in Section 6.
20, 2005.
18.
Install traffic signals as determined by
Design of traffic signals have been
the City.
included in a City contract, but paid
for the Pardee. The signals will be
bonded for prior to final approval by
the City. Construction will proceed
as determined by the City.
19.
Waive rights to any density bonus that
To date, the developers have
would increase the number of dwelling
complied with this requirement.
units approved per Specific Plan No. 2.
20.
Agreement to cast affirmative ballot for
To date, the developers have
formation of an assessment district for
complied with this requirement.
maintenance of parkway and median
landscaping, street lighting, and parks.
21.
Agreement to pay all City capital
Per this Agreement and Conditions
improvement, development and
of Approval.
processing fees.
22.
Formation of one (1) or more property
These requirements will be included
owners associations to assume
in the CC &Rs prepared for the
ownership and maintenance of open
project. The CC &Rs are to be
space land, trails, and other amenities.
reviewed and approved by the City
Attorney and staff prior to final
recordation
000118
Honorable City Council
January 18, 2006
Page 7
NO.
REQUIREMENT
STATUS
23.
Provide irrevocable offer of dedication
The offer was included on the Final
to the City for the future rights -of -way
Map for Tract No. 5045 -1
for State Route 23 and State Route
118.
24.
Provide vehicular access to properties
These access rights are shown on
west of Spring Road.
Final Map Tract No. 5045 -1. A grant
deed is required for the private
access easement. Construction of
access improvements are in
progress.
25.
Construct a solid block wall to replace
A determination of a need for the
existing block wall /wrought iron fence
wall has not yet been made.
along the Spring Road and Charles
Street frontages (if deemed necessary
by the City).
26.
Remove existing block walls /fences
The off -site Spring Road wall plans
and construct a solid decorative block
are being prepared for conceptual
wall along the west side of Spring
review by staff prior to final review by
Road.
City Council. Pardee is in the
process of acquiring rights -of -entry
from affected property owners' to
construct the wall. Staff will be
working with Pardee to address
_property owner questions.
27.
Provide irrevocable offer of dedication
The offer of dedication for Princeton
to the City for ultimate build out of "Old"
Avenue was included on Final Map
Los Angeles Avenue (Princeton
of Tract No. 5045 -1. All Spring Road
Avenue) improvements and Spring
improvements are being constructed
Road improvements not required to be
by Pardee, and required dedications
constructed by the developer.
have either been shown on the final
map or were acquired by Pardee for
the City by separate instrument.
28.
Acquire the property needed to improve
The developer has acquired the
the intersection of Charles Street and
necessary property. Utility
Spring Road and provide improvements
construction is currently underway,
as determined by the City.
and street improvements will follow.
29.
Provide irrevocable offer of dedication
Irrevocable offer of dedication to the
to the City for right -of -way for the
City was included for recordation of
extension of "C" Street.
Final Map Tract No. 5045 -1.
000119
Honorable City Council
January 18, 2006
Page 8
NO.
REQUIREMENT
STATUS
30.
Construct a public trail system as
These improvements are required as
identified in the Specific Plan, including
part of Final Map review. Those
a cash deposit of one hundred fifty
within map phases 1, 2 and 3 were
thousand dollars ($150,000) to fund the
shown on the Final Maps. Those in
2.
maintenance of the trail system.
map phases 4 -8 will be included on
Roos Community Facilities District, upon
the Final Maps. The required
receipt of landowner's petition and
$150,000 deposit is due prior to
payment of fee.
occupancy of the 500" unit.
31.
Provide irrevocable offer of dedication
The dedication was included on the
to the City for Planning Area 17.
Final Map for Tract No. 5045 -1.
32.
Payment of one hundred twenty five
To be included with Mitigation
thousand dollars ($125,000) to satisfy
Monitoring requirements. The
the Final EIR Transportation /Circulation
required deposit has not yet been
Mitigation Measure 2, and for the
submitted, but is due prior to
developer's share of contribution to
occupancy of the first residential
intersection improvements at Los
unit.
Angeles Avenue and Tierra Rejada
Road.
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.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the agreement and include twelve
(12) specific provisions, as summarized below.
NO.
REQUIREMENT
STATUS
1.
Commit necessary time and resources on
The RPD's, ZOA's and Modification
expedited parallel processing for
to the Tentative Tract Map were
subsequent approvals.
processed concurrently as they are
submitted.
2.
Commence proceedings to form a Mello-
A Community Facilities District is
Roos Community Facilities District, upon
currently in the process of formation,
receipt of landowner's petition and
subject to final approval by the City
payment of fee.
Council.
000120
Honorable City Council
January 18, 2006
Page 9
NO.
REQUIREMENT
STATUS
3.
Proceed to acquire, if requested, and at
The developer has acquired the
developer's sole cost and expense,
necessary property.
easements or fee title to land not held by
the developer, but necessary for
construction of required improvements.
4.
Authorization for City Manager to sign an
An Early Grading Agreement has
early grading agreement.
been executed, and mass grading
has been completed.
5.
Agreement to allow concurrent processing
Concurrent processing has been
of land use entitlements for the same
done.
property, so long as, deemed complete.
6.
Agreement that the land and
Per this Agreement.
improvements required under subsection
6.9. of the Development Agreement meet
the developer's obligation for park land
dedication for the designated 570 units.
7.
Agreement to allow the developer to
Pending dedication of public open
receive the maximum amount of tax
space area.
benefit for dedication of public open
space in Planning Areas 12 and 13.
8.
Agreement to appoint an affordable
Nancy Burns, Senior Management
housing staff person to oversee the
Analyst, is the City's housing
implementation of the affordable housing
coordinator.
requirements.
9.
Agreement to allow for a variation of five
Per this Agreement.
feet (5) maximum in grades as shown on
the grading exhibit for Specific Plan No. 2,
subject to approval of the Community
Development Director.
10.
Agreement to limit the payment of the Los
AOC fees have been collected for all
Angeles Avenue Area of Contribution
units at the recently updated rate of
(AOC) fee to only the first four hundred
$5,913 per unit.
seventy five (475) residential units and
any institutional uses within the project.
The AOC fee shall be the amount in effect
at the time of issuance of building permit.
11.
Agreement to facilitate the reimbursement
Pending construction of potentially
to the developer of costs incurred that
reimbursable improvements. No
may be subject to partial reimbursement
request has been submitted to date.
from other developers.
000121
Honorable City Council
January 18, 2006
Page 10
NO.
REQUIREMENT
STATUS
12.
Agreement that the developer shall not be
Per this Agreement.
required to pay the Gabbert Road /Casey
Road Area of Contribution Fee referenced
in the Final EIR. (Specific Plan No. 2 is
not within the boundaries of this AOC ).
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 Pardee Homes has, to date, complied in good faith with the terms
and conditions of the agreement.
STAFF RECOMMENDATION:
Accept the Community Development Director's report and recommendation that, on
the basis of substantial evidence, Pardee Homes 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) Letter from Pardee Homes, dated October 17, 2005.
000122
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TR.5045 -1 MAJORS
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71 Units
PA TR. 50454 MF Residential
102 Units
PAS TR. 5045 -4 SF Residential
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LANDSCAPED
1T0MSF.
Private Open Space
21.0 Ac
TOTAL - 18.1 Ac.
HCA --
.
NANRAL
Residential Area
Detention Basin
Recreation Area
T L = 7.1 Ac.
17.7 At TOTAL = 22.1 At TOTAL = 92.4 Ac.
13.3 Ac. PAl TFL5045 -7 School 0 Units
08 Ac PA TA 5045 -5 SF Residential 78 Units
School Area 21.9 Ac. TOTAL UNITS = 554 UNITS
TOTAL = 31.8 Ac. Residential Area 23.7 Ac.
TOTAL = 21.9 At TOTALAREA = 456ACRES
TOTAL = 23.7 At
NOTE LaMMW Ann Lap True 10,000
S4.Ft Art NO Slam On This EdaDd
MOORPARK HIGHLANDS
03-17 -2003
T,
,WALNUT_.
TR.5045 -1 MAJORS
0 Units
PAZ TFL5045 -3 SFResidendal
71 Units
PA TR. 50454 MF Residential
102 Units
PAS TR. 5045 -4 SF Residential
37 Units
Habitat Conservation Area
101.3 A,
Residential Area
18.1 At
Residential Area
8.5 Ac.
Residential Area
28.4 Ac.
Hwy Dedication
47.1 Ac.
Private Open Space
21.0 Ac
TOTAL - 18.1 Ac.
TOTAL = 8.5 Ac.
TOTAL = 28.4 Ac.
Major Roads
27.0 A.
PA TR. 5045-4 SF Residential
76 Units
PA6 TR.5045 -7 Park
0 Units
PA TR, 5045-5 SF Residential
95 Units
TOTAL = 2024 Ac.
Residential Area
21.6 At
Park Area
7.1 Ac.
Residential Area
45.3 At
PA 1 TR.5045 -2 SF Residential
95 Units
Recreation Area
.5 Ac.
TO A
Open Space Are.
47.1 Ac.
Residential Area
Detention Basin
Recreation Area
T L = 7.1 Ac.
17.7 At TOTAL = 22.1 At TOTAL = 92.4 Ac.
13.3 Ac. PAl TFL5045 -7 School 0 Units
08 Ac PA TA 5045 -5 SF Residential 78 Units
School Area 21.9 Ac. TOTAL UNITS = 554 UNITS
TOTAL = 31.8 Ac. Residential Area 23.7 Ac.
TOTAL = 21.9 At TOTALAREA = 456ACRES
TOTAL = 23.7 At
NOTE LaMMW Ann Lap True 10,000
S4.Ft Art NO Slam On This EdaDd
MOORPARK HIGHLANDS
03-17 -2003
PPardeeHomes
October 17, 2005
Ms. Laura Stringer
Senior Management Analyst
City of Moorpark
799 Moorpark Road
Moorpark, California 93021
RE: Annual Review of Development Agreement
Moorpark Highlands, Specific Plan No. 2
Dear Ms. Stringer:
I have enclosed the completed above referenced application.
K
RECEIVED
OCT 2 8 2005
CITY OF MOORPARK
The Development Agreement became effective on November 5, 1999. Project
Entitlements include:
a. The Specific Plan and Zoning Code Amendment became effective November 5,
1999.
b. The Local Agency Foundation Commission (LAFCO) approved the annexation of
Specific Plan No. 2 to Ventura County Water Works District No. 1 on May 17,
2000.
C. The Planning Commission approved Tentative Map 5045 on May 26, 2000.
d. The City Council approved Tentative Map 5045 on August 2, 2000.
e. The Developer has paid all costs associated with processing and its' account with
the City is current.
f. January 13, 2004 City approved Permit Adjustment No. 1 (modification) to
Tentative Tract Map 5045.
g. March 3, 2004 City Council concurs that Condition CDD -45 of Resolution 2000 -
1 -7 7 for Habitat Conservation P!an has been fulfilled; as there are no
gnatcatchers or habitat existing on the site.
The following items are now completed or underway:
a. Final Tract Maps 5045 -1, -2 and —3 were approved by the City Council on
October 5, 2005 and are moving onto recordation.
b. Remaining Final Tract Maps 5045 -4, -5, -6, -7, and —8 are ready to be placed on
the City Council Agenda for approval.
C. All RPD and Related Specific Plan Amendment approvals for the project are
complete.
d. The Rough Grading Plans and all Improvement Plans; (street, sewer, water,
storm drain and wall plans) are approved.
e. Model Homes for Planning Areas 1 (Tract 5045 -2); and PA 4, (Tract 5045 -5); are
under construction. A temporary sales office is in place at the project entrance.
CC ATTACHMENT 3 000125
Ms. Laura Stringer
City of Moorpark
October 17, 2005
Page 2
The majority of storm drain, sewer and water improvements have been
constructed. A good portion of the streets are paved.
3. The Developer is in good faith compliance with the Development Agreement.
Please do not hesitate to contact me if you have any questions or require additional information.
Very truly yours,
James R. Beck
Land Development Manager
Pardee Homes
111 RI