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Home My WebLink AboutAGENDA REPORT 2006 1004 CC REG ITEM 10H10- N- % i r _ MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council �. FROM: Barry K. Hogan, Community Development Direct Prepared by Laura Stringer, Administrative Servi a Manager r`-7 DATE: September 22, 2006 (CC Meeting of 10/04/06) ; 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 July 7, 2004, the City Council accepted the Community Development Director's report and recommendation that, on the 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 N S: \Community Development \ADMIN \AGMTS \D A \1998 -02 Pac Comm\Staff Report \cc 061004.doc 0 0 0 OG4 Honorable City Council October 4, 2006 Page 2 for 2004. At that time Council directed staff to work with Pacific Communities on language for a proposed amendment to the agreement, and to present the amendment to Planning Commission for recommendation. Annual review was deferred during 2005 in anticipation of an amendment being processed. Although staff and Pacific Communities held several meetings on issues to be resolved prior to an amendment being brought forward, consensus was not reached on the terms of an amendment, so no action was been taken on that matter. The developer has submitted the necessary application form, related materials, and fee /deposit for the 2005/06 annual review. The Community Development Director 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: • Construction of a wall on the west property line has been substantially completed; however, final sign -off has been withheld because construction materials and other site clean -up issues remain. 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. The plans have not yet been resubmitted. The City Engineer indicates that some detail work on the plans remains to be completed. The developer also needs to address flood plain elevation issues and National Pollution Discharge Elimination System (NPDES) requirements. • An agreement has been 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. The City is currently working with the developer on an agreement for the City to move forward with the required improvements to Los Angeles Avenue, along with a commitment to reimburse the City for the cost of the improvements prior to first occupancy of a residential unit. Honorable City Council October 4, 2006 Page 3 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. The developer has indicated that these issues may not be fully resolved until sometime in 2008. The amendment had been proposed to clarify the scope of the agreement to include both Vesting Tentative Tract Map (VTTM) No. 5053 (247 units) and the later approved VTTM No. 5204 (37 units), which is referenced in the agreement but not specified in the project description. Pacific Communities had also requested that the amendment 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. 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 Approvals and Subsequent approvals. The Residential Planned Development 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 Honorable City Council October 4, 2006 Page 4 No. Requirement Status 4. Payment of fee in lieu of park land dedication required No request for fee calculation has to be paid prior to recordation of each phase of the been received. Payment required Final Map. The park fee is to be calculated in prior to Final Map recordation. 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 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 To date, the developer has complied increase the number of dwelling units approved for this with this term of the agreement. project. 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. 000 (%-7 Honorable City Council October 4, 2006 Page 5 No. Requirement Status 10. Provide Affordable Housing Units as follows: Section 1.11 of the Development Median Income Agreement includes provisions for 2. Eleven (11) three (3) bedroom units affordable housing on the Eleven (11) four (4) bedroom units approximately five (5) acre parcel System Management) fees. (Tract No. 5204) located immediately 3. Very Low Income to 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 4. Authorize the City Manager to sign an Early Grading development permit have both Agreement to allow rough grading prior to City Council expired. 11. Agreement to pay all City capital improvement, Capital improvement and development and processing fees. development fees will be collected prior to issuance of permits /Final Map. 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 the widening of Los Angeles Avenue (SR 118) to three August 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 check is on hold pending plan checking and related processing. resolution 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 affordable housing have been issued. System Management) fees. 3. Condition Vesting Tentative Tract Map to expire ten The adjacent 37 -unit tentative map and (10) years after its approval or conditional approval, or both residential planned development upon expiration of or earlier termination of this permits have expired. Tentative Tract agreement. 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. #9tN00F Honorable City Council October 4, 2006 Page 6 No. Requirement Status 5. Allow construction of one or more model homes prior This item was on hold pending to City Council approval of a final subdivision map. resolution of flood control issues. A new residential planned development permit will be required. 6. Allow recordation of Final Maps for the VTTM in This item is on hold pending resolution phases. 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. STAFF RECOMMENDATION 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. Site Plan 0000C -9 L' Ilc IF •,r 0 R�� n ■�i ons � T LOCATION MAP NORTH CC ATTACHMENT 1 i i �m 2e2e LOT ,7 T 0 ❑ d LOT IS LOT 19 0 20 LOT IT 21 LOT ZZ L0T 73 IT ZI LOT 3r . 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L LDT 13 L LOT 1 1= l01 11 Lor 10 f f t LOT x xs — ^.. 7 — - -- O 70 1 IT ze 7 L LOT 27 J2 LOT IS LOT 19 0 20 LOT IT 21 LOT ZZ L0T 73 IT ZI LOT 3r . DT ]S J LOT >6 42 LOT LOT �•• LOT 49 0 R /•• LOT {t LOT LOT ]p LOT 4e 0I LOT 43 S \N� /• LOT 47 8B LDT" I, / °r M MOORPARK LOT 45 ' Pacific Arroyo PHASE DU M 7 1 23 2 22 3 19 4 16 5 25 6 22 7 21 8 28 9 22 10 12 11 16 12 7 15 7 TOTAL 247 CC ATTACHMENT 2 37 i 1 I i I I i i CC ATTACHMENT 2 37 i 1 I i I I i i