HomeMy WebLinkAboutAGENDA REPORT 2006 0405 CC REG ITEM 10ITO:
FROM
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
rrEM 10 -Z .
PY
r� �e MMRPARK, CALIFORNIA
Council Meeting
Barry K. Hogan, Community Development Director
Prepared By: Laura Stringer, Administrative Se c s Manag r,
i
March 7, 2006 (CC Meeting of 04/05/06) ,;
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 (SunCal
Companies)
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 (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.
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 second annual review of
the Development Agreement with Moorpark 150 LLC, SunCal Companies has submitted
the necessary application form, related materials, and fee /deposit for the 2006 annual
review. The Community Development Director has reviewed the submitted information and
the project status and provides the following report.
\\Mor_pn_serv\City Share\Commun ty Development\ADMIWAGMTS0 A\1998 -03 SunCal\Agenda Reportstcc 060405 doc
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Honorable City Council
April 5, 2006
Page 2
DISCUSSION
Current Project 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. Fifteen (15) of the required twenty (20) easements have been obtained.
• Caltrans plans for work in the state right -of -way have been submitted for third plan
check.
• Communication 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 and appraisal
work is currently underway.
• A purchase agreement for the project is pending SunCal completion of certain
conditions of approval for the project.
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 ($8,635) paid) using the Consumer Price Index (CPI)
per residential unit and thirty- eight- thousand- I in accordance with the agreement. Fees
eight- hundred - fifty -eight dollars ($38,858) per must be paid prior to issuance of Zoning
gross acre of institutional land. Clearance for Building Permit No Building
L — —i — _— — _ _ ._ — _. ___ __ _ _ _ — Permits have been issued._
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Honorable City Council
April 5, 2006
Page 3
NO.
= REQUIREMENT_
4
___
Payment of "Citywide Traffic Fees" of four-
_ _ _ _STATUS
Beginning January 1, 2005, these fees will
thousand -six- hundred - sixty -four dollars ($4,664)
I be adjusted annually (until paid) using the
per residential unit and twenty- thousand -nine-
State Highway Bid Price Index in
hundred - ninety -eight dollars ($20,998) per acre
accordance with the agreement. Fees must
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) per residential unit and seven-
Consumer Price Index (CPI) in accordance
thousand - seventy dollars ($7,070) per gross
with the agreement Fees must be paid prior
acre of institutional land
to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
6.
Payment of all outstanding processing costs
issued.
I 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
Arc eement - 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 ($10,080)
paid) using the Consumer Price Index (CPI)
per residential unit and fifty cents ($0 50) per
in accordance with the agreement Fees
square foot of each building used for
must be paid prior to issuance of Zoning
i
institutional purposes
Clearance for Building Permit. No Building
8 Prior to Final Map recordation, confirmation
Permits have been issued _
If determined necessary, these
from Ventura County Waterworks District No 1
improvements will be included in the Water i
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 bV the District_
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 ooRen space uses
_
10.
Payment of one - hundred -forty— thousand
Beginning January 1. 2005. this fee
I
dollars $140,000 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
_
11 Provide five 5 four 4 bedroom and two bath
O O �
Final Mks have been recorded to date.
This obligation ma be met b a ratio of one
9 Y Y
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)
No fees have been collected to date for
Provide four 4 four 4 bedroom and two bath
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Honorable City Council
April 5, 2006
Page 4
NO. REQUIREMENT
and one (1) three (3) bedroom and two (2) bath
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'h residential unit in Tract
5130
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 901h residential unit in Tract
5130
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
STATUS__
affordable housing activities
Comply with purchase price requirements per
the agreement
Pay closing costs not to exceed six- thousand
L12
dollars $6,000
_J
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) per residential unit, and for institutional
Consumer Price Index (CPI) in accordance
uses at a rate calculated by the Community
with the agreement Fees must be paid prior
Development Department.
to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
i13.
_
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 _ _ _ _
_ _ _ _ _ _ _ _ _ __
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Honorable City Council
April 5, 2006
Page 5
NO. _ _ _REQUIREMENT_ _ _ STATUS_
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
_ Buildinp_Permits have been issued
17 Payment of seventy thousand dollars ($70— ,000 Must be paid prior to approval of first Final
to satisfy Mitigation Measures 2, 5, and 11 for Map The fee has not yet been paid I
open space acquisition and maintenance. and
_eet habitat restoration and preservation. I
18. Str improvements for North Hills Parkway 4 To be included with project improvement —~
__designed and constructed for a 50 -year life. plans.
19 Acquire property needed to improve and make Property acquisition efforts are ongoing .
improvements to Walnut Canyon Road Fifteen (15) of the twenty (20) necessary
consistent with Conditions of Approval for Tract easements have been acquired. This
5130. requirement must be completed prior to
_ _ occupancy of the first residential unit_ _
r 20 Agreement to pay any fees and payments I Developer is in compliance with all
_ _ursuant to this Agreement without reservation_ requirements at this time _ J
21 _ Agreement to comply with requirements for To date, the applicant has complied with
annual review of the Agreement including I review requests and Mitigation Monitoring
_ _ evaluation of_Miti ation Monitoring Program. — Program re uirements_ —__
22 Install six -foot (6) to eight -foot (8') high To be installed prior to the first residential
decorative masonry wall and landscaping north I 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 Cif Engineer.
23. Provide cash deposit for costs related to I A $100,000.00 cash deposit has been
formation of Community Facilities District submitted for the Community Facilities
— — — — — kNo istrict 24 Agreement - - - that — any - - property -- -- to acquired by request for property to be acquired by
eminent domain shall be at City's discretion and I eminent domain has been submitted to date.
after compliance with all lec,�al 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.
000218
Honorable City Council
April 5, 2006
Page 6
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.
# REQUIREMENT
STATUS
1 Agreement to comma reasonable time and
To date, City has complied with any such
L resources on expedited and parallel processing of
application for subsequent aapplications
requests.
_ - -- —
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
gra
__ ding permit.— - -- — — — — __ — — —
requested to date.
FTo
4 Agreement to process co ncurrently, whenever
date, City has complied
I
possible, all land use entitlements for the same
rop�jso lon�c as deemed com�leteL
_ _ _ _ _ _
__ -- —
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. i Agreement to commence proceedings for
Community Facilities District has been
Community Facilities District formation and incur
approved and appraisals are underway.
_ bonded indebtedness. _ _ _ _ _ _ _ _
7 Agreement to appoint affordable housing staff
_
The Senior Management Analyst in the
person to oversee the implementation of
Assistant City Manager's Office oversees
affordable 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
er subsection 6.11 1
8. Agreement to allow for a variation of five feet (5')
maximum in the grades as shown on the Grading
I Plan exhibit. subject to approval of the Community
Development Director /City Council that the overall
design and visual quality would not be significantly
affected
Any such requests have been processed as
Permit Adjustments subject to the approval
of the Community Development Director.
9. 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
1developers — — — — — — — — — — — — — I -- — -- -- — — — — -
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 (SunCal Companies) has, to date, complied in
000219
Honorable City Council
April 5, 2006
Page 7
good faith with the terms and conditions of the agreement.
STAFF RECOMMENDATION
Accept the Community Development Director's Report and recommendation, on the
basis of substantial evidence, that Moorpark 150 LLC (SunCal Companies) 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 SunCal Companies
000220
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TRAGT NO. 5130
IN THE CITY OF MOORPARK
LAWN I T OF VENTURA, CALIFORNIA
A P10RT1M Of TRACTS NO. 1 1 2 4 Ml. MIGCS,
SUOVW"MM 1`3 rk DV AMP A MWION or LOTS V AN7
V' Or TRACT t' Co. WANG110 SA" (S MR S)
NOVQmm 2005
w • .,T YIST i.a, ML• . • —%W tftpu i Wa j • (tl0) i4-Mn
January 23, 2006
2005
Annual Review of Development Agreement No. 2001 -01, (RPD 1998 -2 and VTTM 5130)
Since our 2004 Development Agreement first Annual Review we have:
• Improvement plans have been through fifth plan check for grading, sewer, water, storm
drain, street improvements and final map.
• Plans have been submitted in January for 6`h check.
• Work has been ongoing in an effort to obtain rights and permits to do the work on Walnut
Canyon Road required by the Agreement. All 20 homeowners from whom easements or
property is necessary to complete the work have been contacted and so far 15 easements
have been obtained.
• CalTrans plans have been through two plan checks and have been resubmitted for the third
check.
• A Community Facilities District for the project was approved by City Council September
21, 2005. An appraisal is presently in process.
• Affordable housing acquisitions or development will get underway once the Walnut
Canyon Road issues are resolved firmly enough to insure that work can be completed on
Walnut Canyon Road in time to allow occupancies of the tract houses. Discussions have
been held with staff and the City Manager regarding the various possible locations and
possibilities to fulfill this Condition.
• Erosion control on the existing site has been maintained in cooperation with and at the
direction of the City.
• Annual weed abatement required has been maintained.
• Parameters of the Landscape Maintenance District have been delineated by Planning and
Public Works. Revisions requested by staff have been incorporated into the application
package and resubmitted.
• We are striving to have a Final Map recorded in March of 2006.
Should you have any questions regarding this review application please contact me at 818 -444-
1604.
Ed Pickett
SunCal Companies
CC ATTACHMENT 3
00C,z 41-13