HomeMy WebLinkAboutAGENDA REPORT 2003 0115 CC REG ITEM 10DO •
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MOORPARK CITY COUNCIL P "': & .. ' �'� '�" ,
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct0
Prepared By: Laura Stringer, Senior Managem Analyst
DATE: January 6, 2003 (CC Meeting of 1/15/03)
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SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Moorpark Country Club
Estates, Located Approximately 2,700 Feet South of
Broadway between Grimes Canyon Road and Walnut Canyon
Road (Tract 4928), on the Application of Toll Brothers,
Inc.
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 May 1, 1996, the Moorpark City Council adopted Ordinance No. 215
(effective May 31, 1996), approving a Development Agreement between
the City of Moorpark and Bollinger Development Corporation. The
property was subsequently acquired by Toll Brothers, Inc., the
developer currently responsible for compliance with the terms and
conditions of the Agreement. The Agreement was approved in
connection with Moorpark Country Club Estates, a 216 single- family
residential development and golf course, located approximately
2,700 feet south of Broadway, between Grimes Canyon Road and Walnut
Canyon Road. The Agreement remains in full force and effect for
twenty (20) years from the operative date of the Agreement, March
10, 1998, the date that Bollinger Development took title to the
property. The twenty (20) year term ends March 10, 2018.
Provisions of the Agreement require an annual review and report to
the City Council on the status of completion of all aspects of the
OCGIGS
Honorable City Council
January 15, 2003
Page 2
Agreement. On July 18, 2001, the City Council accepted the
Community Development Director's report and recommendation that, on
the basis of substantial evidence, Toll Brothers, Inc. had complied
in good faith with the terms and conditions of the Agreement, and
deemed the annual review process complete for 2001.
The developer has submitted the necessary application form, related
materials, and fee /deposit for the 2002 annual review. In
addition, the developer is currently in negotiations on a Second
Amendment to the Settlement Agreement. This matter will be brought
to City Council for consideration in the near future. The
Community Development Director has reviewed the submitted
information, including the project status and provides the
following report.
DISCUSSION
Current Protect Status
• Final Maps have been recorded for Phase 1 (Championship Drive,
the 1St eighteen (18) holes of the golf course and the model home
complex) and Phase 2 (89 residential lots near Grimes Canyon
Road) .
• Grading has been completed for Championship Drive, ninety -five
(95) home sites and the 1St eighteen (18) holes of the golf
course.
• Zone Clearance for temporary use of the lst eighteen (18) holes
of the golf course has been issued.
• Three (3) model homes have been completed within Phase I of the
Final Map.
• As of January 1, 2003, Building Permits have been issued for
fifty -seven (57) homes and six (6) accessory structures
(casitas).
• As of January 1, 2003, occupancy has occurred for eighteen (18)
homes and two (2) accessory structures (casitas).
• Final Tract Maps for Phases 3 and 4 are currently in map check
process with the City Engineer.
• Off -site improvements, including intersection improvements for
Grimes Canyon Road /Highway 118, Grimes Canyon Road /Championship
Drive and Walnut Canyon/ Championship Drive are in plan check
process with the City Engineer.
0004 69
Honorable City Council
January 15, 2003
Page 3
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the
Development Agreement, and include requirements (a) through (j) ,
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.
#
Requirement
Status
(a)
(1) through (5)
A subsequent agreement
Payments to the City totaling
between the developer and
$5,000,000, on various dates
the City has resulted in a
related to the "Golf Course
single payment of
Commencement" date.
$3,000,000 by the
developer.
(b)
Agreement that the golf course(s)
Although temporary
shall be open to the public,
occupancy has been granted
without requirement for
for the lst eighteen (18)
membership, and that twelve hours
holes of the golf course,
each week be made available at
the club house has not yet
discount rates for City and
been completed. The City
school recreational /educational
will be responsible for
programs.
determining eligible
programs for the twelve
(12) hours per week use.
(c)
Agreement that the clubhouse and
This item is pending
related facilities shall be
occupancy of the club
available to the public for rent
house.
and that the City shall be
granted one (1) free rental each
year.
(d)
Extension of the reclaimed
Construction of the
waterline to serve the medians
waterline has been
and parkways for "C" Street and
completed. The pump
any other publicly maintained or
station is under
common landscape areas.
construction. Delivery of
reclaimed water to the
project is tentatively
scheduled for early March
2003.
000 ,'®
Honorable City Council
January 15, 2003
Page 4
#
Requirement
Status
(e)
Grant an irrevocable offer of
Minor Modification No. 1,
easement dedication for the
approved by the City
equestrian trails.
Council, relocated this
trail to the south side of
"C" Street from the south
project property line and
requires its construction
as part of the public
improvements. Portions of
the trail system have been
included in the right -of-
way for Championship Drive
( "C" Street) per the Final
Map for Phase 1.
Additional trail
dedication will occur with
subsequent map phases.
Staff is coordinating
review of landscape plans,
grading plans and final
map dedications to ensure
that the trail system is
completed.
(f)
Grant a conservation easement to
The conservation
retain various lots in a
easement(s) will be
predominantly Open Space
recorded concurrently with
condition except for certain
the recording of specified
specified trail, golf course and
Final Map phases.
building pad uses.
(g)
Grant an irrevocable offer of
Lot Q (formerly lot 217)
dedication for Lot 217 (per
was irrevocably offered
Vesting Tentative Tract Map No.
for dedication to the City
4928) to be used for public
per the Final Map of Tract
purposes, except the portion
No. 4928 -2, recorded
needed to meet the obligations of
November 7, 2001.
the Mitigation Monitoring
Program.
(h)
Payment of an amount equal to
To be collected prior to
twenty -five cents ($.25) per
"Golf Course Commencement"
square foot of clubhouse building
date.
area to fund park improvements.
Honorable City Council
January 15, 2003
Page 5
#
Requirement
Status
(i)
Payment of Air Quality Mitigation
The residential fee has
Fee per the project Conditions of
been collected with each
Approval.
zoning clearance for
Moorpark Municipal Code.
building permit. The fee
for the golf course is
tied to "Golf Course
Commencement" date.
(j)
Payment of all outstanding City
The project processing
processing and environmental
account balance is
impact report costs related to
current.
(c)
the project.
May need to be used for
City Compliance with Terms of Agreement
The City's responsibilities are contained in Section 7 of the
agreement and include provisions (a) through (i), summarized below.
#
Requirement
Status
(a)
Exempt the project from the
The grading plans are
provisions of Chapter 17.38
exempt from the provisions
(Hillside Management) of the
of Municipal Code Chapter
Moorpark Municipal Code.
17.38. The project is
subject to all other
applicable code provisions
and city standards.
(b)
Exempt the project from any
No growth management
growth management ordinance that
ordinance exists at this
is adopted.
time.
(c)
Proceed to acquire, if requested,
May need to be used for
and at developer's sole cost and
Grimes Canyon improvements
expense, easements or fee title
north of Championship
to land not held by the
Drive. No request has
developer, but required for
been made at this time.
construction of required
improvements.
Honorable City Council
January 15, 2003
Page 6
#
Requirement
Status
(d)
Expedite plan check processing
Implemented on each plan
whenever possible.
check, whenever possible.
(e)
Authorization for the City
The developer entered into
Manager to sign an early grading
an early grading agreement
agreement.
with the City in April
2000.
(f)
Agreement that the Los Angeles
The residential Los
Avenue Area of Contribution (AOC)
Angeles Avenue AOC Fee has
for the residential portion of
been collected with zoning
the project shall not be required
clearance for each
to be paid until time of issuance
residential unit. The fee
of Zone Clearance for the first
for the golf course is
residential building permit. The
tied to "Golf Course
AOC Fee for the golf course(s)
Commencement" date.
shall be paid prior to the "Golf
Course Commencement" date.
(g)
Agreement that the Citywide
These fees will be
Traffic Mitigation Fee of three
adjusted annually (until
thousand dollars ($3,000) per
paid) using the Consumer
unit, for the residential portion
Price Index (CPI) in
of the project, shall not be
accordance with the
required to be paid until time of
agreement.
issuance of Zone Clearance for
the first residential building
Residential Traffic
permit. The Citywide Traffic
Mitigation fees (as
Mitigation Fee of one hundred
annually adjusted) have
fifty four thousand two hundred
been collected with zoning
twenty four dollars ($154,224)
clearance for each
for the golf course(s) shall be
residential unit.
paid prior to the "Golf Course
Commencement" date.
Payment of Traffic
Mitigation Fees for the
golf course are tied to
the "Golf Course
Commencement" date.
O C G ... 7 3
Honorable City Council
January 15, 2003
Page 7
#
Requirement
Status
(h)
Except for fees in lieu of park
Most residential
dedication, all "Development
development fees have
Fees" (not including processing
been, and will be,
and plan check fees and deposits)
collected at zoning
shall not be required until Zone
clearance for building
Clearance for the first building
permit. Certain
permit, unless due at a later
development fees are set
time.
per settlement agreement,
or are tied to "Golf
Course Commencement."
(1)
Upon effective date of the
Agreement, the City shall allow
the following:
(1) Recordation of the final map
(1) Phases 1 and 2 have
in as many as eight (8) phases.
been recorded. Phases 3
and 4 are in map check
process.
(2) Provisions for the
(2) Staff is coordinating
preservation, relocation,
with the City's
replacement, and creation of
environmental consultant
Valley Needle Grassland habitat.
and the applicant on this
item.
(3) Deletion of language from
(3) This Condition is no
Condition No. 53 related to
longer applicable, as
surety for trail construction.
trail will be bonded for
and constructed as a
public improvement.
(4) Allow the developer to pay
(4) The residential Air
Air Quality Mitigation Fees of
Quality Mitigation Fee has
Eight Hundred Eleven Dollars
been collected with zoning
($811) per dwelling unit prior to
clearance for each unit.
Zone Clearance for building
Payment of the golf course
permit rather that prior to
fee is tied to "Golf
recordation of the final map. Air
Course Commencement" date.
Quality Mitigation Fees for the
golf course to be paid in three
installments.
0 3. 7 i
Honorable City Council
January 15, 2003
Page 8
#
Requirement
Status
(5) Certain streets as
(5) Streets within Phases
identified on the Street Plan,
1 and 2 are private. The
dated April 17, 1996, shall be
residential streets within
allowed to be built as private
subsequent phases will
streets.
also be private.
(6) Provisions for specific
(6) Specific construction
construction requirements for "C"
requirements for "C"
Street.
Street (Championship
Drive) have been
established.
(7) Initiate consideration of a
(7) The reduction in
General Plan Amendment allowing
setback standard required
reduced minimum setback from
by the Land Use Element of
agricultural uses on the
the General Plan was
northerly side of the project.
considered by the Planning
Commission and recommended
for denial on November 8,
1999. The applicant
subsequently withdrew the
request.
(8) Provisions for parking and
(8) Parking provisions
access requirement for the golf
for the golf course and
course(s) and clubhouse.
clubhouse have been
established.
(9) Extension of time for
(9) Extension of time for
inauguration for RPD 94 -1 from
inauguration for RPD 94 -1
one (1) year to three (3) years.
complete.
(10) Extension of time for
(10) Extension of time for
inauguration for CUP 94 -1 from
inauguration for CUP 94 -1
one (1) year to three (3) years.
complete.
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 Toll Brothers, Inc. has, to date, complied in good
faith with the terms and conditions of the agreement.
Honorable City Council
January 15, 2003
Page 9
STAFF RECOMMENDATION
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Toll Brothers Inc. 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. Narrative from Toll Brothers, Inc.
LOCATION MAP
�J
CC ATTACHMENT 1
`o
NT.$.
DEVELOPMENT AGREEMENT NO. 95 -1
NARATIVE REGARDING SATISFACTION OF REQUIREMENTS
Toll CA, L.P., the owner and developer of the property which is the subject of
Development Agreement No. 95 -I, dated April 8, 1996, submits the following narrative, in
conjunction with the current review by the City of Moorpark of the status of compliance by the
developer with the terms of that Agreement.
1. Completed Aspects of Agreement.
a. The Integrated Golf Course Management Plan, the Erosion and Sediment
Control Plan, the Master Drainage and Flood Control Improvement Plan
and the Bank Protection Plan have been approved by the City and any other
applicable agencies. (DA Section 5)
b. The annual payments required to the City have been prepaid in the entirety
by the developer. (DA Sections 6(a)(1), 6(a)(2), and 6(a)(3).
c. An early grading agreement was entered into between the developer and the
City in April 2000, consistent with the conditions of approval of the project.
(DA Section 7(e))
d. All outstanding City processing and environmental impact report costs
related to land use approvals have been paid by the developer.
(DA Section 60))
e. A General Plan Amendment allowing a reduced minimum setback from
agricultural uses on the northerly side of the project has been considered but
denied by the City. (DA Section 7(i)(7))
f. The developer has constructed the three model homes, which were
completed November 2001. (DA Section 4)
g. Final Architectural Design Guidelines have been approved by the Director
of Community Development October 16, 2001. (DA Section 5)
h. The equestrian trails shown on the subdivision map for Tract No. 4928 are
located within the public rights of way for Championship Drive and Grimes
Canyon Road. Street Improvement plans have been approved. (DA Section
6(e))
i. Plans for construction of the reclaimed water line extension have been
approved by the County, and construction is almost complete, with the
pump station the only remaining item of work. (DA Section 6(d))
j. Conservation easements pertaining to Lots 216 through 225, inclusive, has
been granted to City by the developer in conjunction with recording of the
final subdivision maps for Tracts 4928 -1 &2. (DA Section 6(f))
k. The developer has made an irrevocable offer of dedication to the City of Lot
217 in connection with recording of Final Map 4928 -2. (DA
Section 6(g))
I. Conceptual plans have been prepared by the developer for the golf course
clubhouse and support facilities and have been approved through Minor
CC ATTACHMENT 3 1�
Mod. #4 by the Director of Community Development on June 25, 2002.
(DA Section 6(h))
m. The AOC fees for Los Angeles Avenue and Casey Road /Gabbert Road have
been pre -paid per the June 20`h Settlement Agreement with the City. The
balance of the fees will be pre -paid per the terns of the Settlement
Agreement. (DA Section 7(f))
n. The developer and the City have formulated a Settlement Agreement, dated
June 20, 2001 resolving the developer's obligations to pay park in -lieu fees.
(DA Section 7(h))
o. The developer has received direction regarding preservation of the Valley
Needle Grassland habitat within the golf course area and has completed the
mitigation required. (DA Section 7(i)(2))
P.
Aspects of Agreement in Progress.
a. The developer is in the process of construction the golf course portion of
the project, and expects to comply with the Golf Course Commencement
Date, as modified by City Council Resolution No. 98 -1508, pending timely
approvals by the City. (DA Section 4)
b. The developer is in the process of constructing production homes and
expects the first homes to be ready for occupancy by late July 2002, and
complete construction well within 15 years. (DA Section 4)
c. The developer is carrying out all construction on the property in accordance
with the various Uniform Codes. (DA Section 5)
d. The Citywide Traffic Mitigation Fee has been paid in connection with three
model home lots to date. The balance of the fees will be paid in connection
with zone clearances for each of the production lots. (DA Section 7(g))
e. The Air Quality Mitigation Fee has been paid in connection with three
model home lots to date. The balance of the fees will be paid in connection
with zoning clearances for each of the production lots. (DA Section 7(i)(4))
f The developer is preparing to submit final maps for the phases three and
four of Tract No. 4928. (DA Section 7(i))
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