HomeMy WebLinkAboutAGENDA REPORT 2001 0718 CC REG ITEM 11H,T(
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MOORPARK CITY COUNCIL
AGENDA REPORT BY.
To: The Honorable City Council
From: Wayne Loftus, Director of Community Developmen
Prepared by Laura Stringer, Senior Management Analyst
Date: June 27, 2001 (CC Meeting of 7/18/01)
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, North of Charles Street
(Tentative Tract 5045, Morrison- Fountainwood - Agoura).
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 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 -
Fcuntainwood- Agoura). The agreement, recorded November 23, 1999,
as Document No. 99- 0211935, 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 developer has submitted the necessary application
form, related materials, and fee /deposit. The Director of
S: \Community Development \Everyone \City Council Agenda Reports\ cc- agrpt.sp2.darev.di.6.27.0i.doc
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Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 2
Community Development has reviewed the submitted information and
the project status and provides the following report.
DISCUSSION:
Current Protect Status
Morrison - Fountainwood- Agoura, the developer, has completed the
following aspects of Specific Plan No. 2:
• On May 17, 2000, the Local Agency Formation Commission (LAFCO)
approved the annexation of Specific Plan No. 2 to Ventura County
Water Works District No. 1.
• On May 26, 2000, the Moorpark Planning Commission recommended
conditional approval of Tentative Tract No. 5045, which includes
the entire Specific Plan No. 2 area.
• On August 2, 2000, the Moorpark City Council conditionally
approved Tentative Tract No. 5045.
The developer has informed staff that the following aspects of
Specific Plan No. 2 are currently underway:
• Processing of the Habitat Conservation Plan and Section 10 permit
with United State Fish and Wildlife Service is nearing
completion.
• Application for Army Corp of Engineers 404 Permit has been
submitted.
• California Department of Fish and Game 1603 Streambed Alteration
Agreement Application has been submitted.
• Preliminary engineering and architectural work is underway, and
the RPD Design Manual and Phase I improvement plans are
anticipated to be submitted-in late summer or early fall of 2001
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 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. Where no comment
appears, no specific activity has occurred.
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Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 3
1. Compliance with Development Agreement, project approvals and
subsequent approvals.
To date the developer is in compliance with this requirement.
2. Land dedicated to the Moorpark Unified School District (MUSD)
to be deed restricted to limit use of the land to school
facilities for kindergarten through 12th grade.
This requirement must be satisfied at the time of or prior
to recordation of the final map.
3. Lands and interests in dedicated lands be free and of liens and
encumbrances.
The developer will provide clear title to any property
required for dedications.
4. Payment of "Development Fees" of seven thousand, three hundred
dollars ($7,300) per residential unit and thirty two thousand,
eight hundred dollars ($32,800) per gross acre of institutional
land.
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 building permits.
5. Payment of "Citywide Traffic Fees" of four thousand dollars
($4,000) per residential unit and eighteen thousand dollars
($18,000) per acre of institutional land.
These fees will be adjusted annually (until paid) using the
State Highway Bid Price Index in accordance with the
agreement. Fees must be paid prior to issuance of building
permits.
6. Payment of "Community Service Fees" of five hundred dollars
($500) per residential unit and two thousand, two hundred fifty
dollars ($2,250) per gross- acre of institutional land.
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 building permits.
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Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 4
7. Granting of a conservation easement to the City to retain the
Open Space lots within Planning Areas 10, 11, 14, 15 and 16,
allowing only those uses permitted in the Development
Regulations of the Specific Plan Open Space Zones.
The conservation easement must be recorded concurrently with
the final map.
8. 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 $1,760 deposit for Development
Agreement - Annual Review, which was paid on June 12, 2001.
9. Dedication of approximately seven (7) acres of parkland to the
City, including construction of park improvements as detailed
in the agreement.
The dedication of the park is to be completed concurrently
with recording of the final map within which the park is
located. The improvements to the park are to be completed
prior to occupancy of the 350th dwelling unit. Prior to
occupancy of the 500th residential unit, the developer is
also required to submit a cash deposit of three hundred fifty
thousand dollars ($350,000) to fund replacement of park
amenities.
10. Construct public streets adjacent to school and park sites.
These improvements will be included in the improvement plan
package and will be bonded for prior to recordation of the
final map.
11. Construct appropriately sized water line, pumping facilities,
and storage facilities for recycled water.
These improvements will be included in the improvement plan
package and will be bonded for prior to recordation of the
final map.
12. 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.
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Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 5
These areas will be identified and included in the final map
processing and recordation.
13. Grant a conservation easement to the City for Planning Areas 12
and 13 to insure public open space.
These areas will be included in the final map processing and
recordation.
14. Provide an Affordable Housing Implementation and Resale
Restriction Plan and Affordable Housing Agreement with
provisions for:
Buyers who meet the criteria for low income (800 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.
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 ($3,500) per unit (for each of the dwelling units in
the project).
15. Agreement to Mitigation Measures included in the Final
Environmental Impact Report (EIR) including payment of "Air
Quality Fee" to be calculated as a condition of the issuance of
building permit for each unit.
16. Installation of block wall fencing and landscape screening
along the east side of Spring Road.
These improvements will be included in the improvement plan
package and will be bonded for prior to recordation of the
final map.
17. Submit and gain approval from City Council of a plan to
guarantee the agreement contained in Section 6.
U002-13
Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 6
18. Install traffic signals as, determined by the city.
These improvements will be included in the improvement plan,
package and will be bonded for prior to recordation of the
final map.
19. Waive rights to any density bonus that would increase the
number of dwelling units approved per Specific Plan No. 2.
20. Agreement to cast affirmative ballot for formation of an
assessment district for maintenance of parkway and median
landscaping, street lighting, and parks.
21. Agreement to pay all City capital improvement, development and
processing fees.
22. Formation of one or more property owners associations to assume
ownership and maintenance of open space land, trails, and other
amenities.
These requirements will be included in the CC &R's prepared
for the project.
23. Provide irrevocable offer of dedication to the City for the
future rights -of -way for State Route 23 and State Route 118.
This requirement is a condition of approval of the tentative
tract map, and a statement will be required on the Final Map.
24. Provide vehicular access to properties west of Spring Road.
25. Construct a solid block wall to replace existing block
wall /wrought iron fence along the Spring Road Charles Street
frontages (if deemed necessary by the City).
26. Remove existing block walls /fences and construct a solid
decorative block wall along the west side of Spring Road.
27. Provide irrevocable offer of dedication to the City for
ultimate build out of Los Angeles Avenue and Spring Road
improvements not required to be constructed by the developer.
28. Acquire the property needed to improve the intersection of
Charles Street and Spring Road.
A 0 0 62; J.,
Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 7
This requirement is a condition of approval of the tentative
tract map, and a statement will be required on the Final Map.
29. Provide irrevocable offer of dedication to the City for right -
of -way for the extension of "C" Street.
30. Construct a public trail system as identified in the Specific
Plan, including a cash deposit of one hundred fifty thousand
dollars ($150,000) to fund the maintenance of the trail system.
This requirement is a condition of approval of the tentative
tract map, and a statement will be required on the Final Map.
31. Provide irrevocable offer of dedication to the City for
Planning Area 17.
This requirement is a condition of approval of the tentative
tract map, and a statement will be required on the Final Map.
32. Payment of one hundred twenty five thousand ($125,000) to
satisfy the Final EIR Transportation /Circulation Mitigation
Measure 2, and for the developer's share of contribution to
intersection improvements at Los 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.
1. Commit necessary time and resources on expedited parallel
processing for subsequent *approvals.
2. Commence proceedings to form a Mello -Roos Community Facilities
District, upon receipt of landowners petition and payment of
fee.
00,5
Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 8
3. Proceed to acquire, if requested, and at developer's sole cost
and expense, 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 early grading
agreement.
5. Agreement to allow concurrent processing of land use
entitlements for the same property, so long as deemed complete.
6. Agreement that the land and 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 receive the maximum amount
of tax benefit for dedication of public open space in Planning
Areas 12 and 13.
8. Agreement to appoint an affordable housing staff person to
oversee the implementation of the affordable housing
requirements.
9. Agreement to allow for a variation of five feet (51) maximum in
grades as shown on the grading exhibit for Specific Plan No. 2,
subject to approval of the Director of Community Development.
10. Agreement to limit the payment of the Los Angeles Avenue Area
of Contribution (AOC) fee to only the first four hundred
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 to the developer of
costs incurred that may be subject to partial reimbursement
from other developers.
12. Agreement that the developer shall not be required to pay the
Gabbert Road /Casey Road Area of Contribution Fee referenced in
the Final EIR. (SP 2 is not within the boundaries of this AOC).
'.
Development Agreement Annual Review (Fountainwood Agoura)
June 27, 2001
Page 9
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application and the status of the project, the Director of
Community Development has determined, on the basis of substantial
evidence, that Morrison - Fountainwood- Agoura has, to date, complied
in good faith with the terms and conditions of the agreement.
STAFF RECOMMENDATIONS:
1. Accept the Director of Community Development's Report and
recommendation that, on the basis of substantial evidence,
Morrison - Fountainwood- Agoura 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 Morrison -Fount ainwood- Agoura, dated
May 31, 2001
7
LOCATION MAP
ATTACHMENT 1
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Morrison- Fountainwood Agoura
711 Daily Drive, Suite 110
Camarillo, California 93010
(805) 482 -2423 Fax (805) 482 -9301
May 31, 2001
Ms. Laura Stringer
Senior Management Analyst
City of Moorpark
799 Moorpark Road 1
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 and the $1,760.00 filing fee.
The Development Agreement became effective on November 5, 1999. The following
items have been completed:
1. The Specific Plan and Zoning Code Amendment became effective
November 5, 1999
2. The Local Agency Formation Commission (LAFCO) approved the
annexation of Specific Plan No. 2 to Ventura County Water Works
District No. 1 on May 17, 2000.
3. The Planning Commission approved Tentative Map 5045 on May 26,
2000
4. The City Council approved Tentative Map 5045 on August 2, 2000
5. The Developer has paid all costs associated with processing and its'
account with the city is current
The following items are now underway:
1. The processing of the Habitat Conservation Plan and Section 10 Permit
with the United States Fish and Wildlife Service is nearing completion
2. The application for an Army Corp of Engineers 404 Permit has been
submitted
3. The California Department of Fish and Game 1603 Streambed Alteration
Agreement Application has been submitted
4. The Los Angeles Regional Water Quality Control Board Application for a
401 Certification has been submitted
ATTACHMENT3 _� m
Page 2
City of Moorpark
We are working closely with Glenn Lukos and Associates, a consultant who specializes
in processing resource agency permits, to process the above noted environmental permits.
We don't anticipate that the resource agency permitting process will require significant
changes to the Land Use Plan. We have recently met with the Planning Director to
discuss the RPD Design Manual Requirements and expect to submit the Design Manual
along with the Phase I Improvement Plans in the late summer or early fall of 2001.
Preliminary Engineering and Architectural work is underway.
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,
Dennis Mitchern
C 0 0 2 2 -1