HomeMy WebLinkAboutAGENDA REPORT 2004 0407 CC REG ITEM 10DID. D.
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MOORPARK CITY COUNCIL
AGENDA REPORT 4'''"'-_
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Laura Stringer, Senior Managem t alyst
DATE: March 16, 2004 (CC Meeting of 04/07/04)
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
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Honorable City Council
April 7, 2004
Page 2
Agreement. On January 15, 2003, 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 2002/2003.
The developer has submitted the necessary application form, related
materials, and fee /deposit for the 2004 annual review. The
Community Development Director has reviewed the submitted
information, including the project status and provides the
following report.
DISCUSSION
Current Project Status
The current project status (as of February 11, 2004), is included
in Toll Brother's narrative (Attachment 3). From the time when the
February 11 narrative was submitted, the final map for Phase 3 was
approved for recordation, subject to City Engineer's and County
Surveyor's Office corrections. In addition, final occupancy of the
golf course and club house has been delayed pending resolution of
Ventura County Fire Prevention District items related to the
maintenance building and submittal of final compaction reports for
an on -site retaining wall.
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.
No.
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 on May 17, 1999.
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Honorable City Council
April 7, 2004
Page 3
No.
Requirement
Status
(b)
Agreement that the golf course(s)
The club house and related
shall be open to the public,
buildings are complete;
without requirement for
however, final occupancy
membership, and that twelve hours
of the golf course and
each week be made available at
club house has been
discount rates for City and
delayed pending resolution
school recreational /educational
of Ventura County Fire
programs.
Prevention District items
related to the maintenance
building and submittal of
final compaction reports
for an on -site retaining
wall. The City will be
responsible for
determining eligible
programs for the twelve
(c)
Agreement that the clubhouse and
(12) hours per week use.
No specific event has been
related facilities shall be
identified.
available to the public for rent
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. Delivery of
any other publicly maintained or
reclaimed water to the
common landscape areas.
project occurred on
September 16, 2003.
(e)
Grant an irrevocable offer of
Mod. No. 1 relocated this
easement dedication for the
trail to the south side of
equestrian (multi - purpose)
"C" Street from the south
trails.
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.
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Honorable City Council
April 7, 2004
Page 4
No.
Requirement
Status
Additional multi - purpose
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. Phase 1
building pad uses.
conservation easements
require correction, and
will be re- recorded
through a separate
instrument. Conservation
easements within Phase 3
will be included on the
Final Map.
(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
The fee has been paid.
twenty -five cents ($0.25) per
square foot of clubhouse building
area to fund park improvements.
(i)
Payment of Air Quality Mitigation
The residential fee has
Fee per the project Conditions of
been collected with each
Approval.
zoning clearance for
building permit. The
first two installments of
the fee have been paid.
The final payment is due
September 20, 2004.
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Honorable City Council
April 7, 2004
Page 5
No.
Requirement
(j) Payment of all outstanding City
processing and environmental
impact report costs related to
the project.
City Compliance with Terms of Agreement
Status
The project processing
account balance is
current.
The City's responsibilities are contained in Section 7 of the
agreement and include provisions (a) through (i), summarized below.
No.
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.
(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 a
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Honorable City Council
April 7, 2004
Page 6
No.
Requirement
Status
the project shall not be required
zoning clearance for each
to be paid until time of issuance
residential unit. The fee
of Zone Clearance for the first
for the golf course has
residential building permit. The
been paid.
AOC Fee for the golf course(s)
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.
Traffic Mitigation Fees
for the golf course have
been paid at the annually
adjusted rate.
(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
Clearance for building
Zoning Clearance for the first
permit. Certain
building permit, unless due at a
development fees are set
later time.
per settlement agreement,
or are tied to "Golf
Course Commencement."
(i)
Upon effective date of the
Agreement, the City shall allow
the following:
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Honorable City Council
April 7, 2004
Page 7
No.
Requirement
Status
(1) Recordation of the final map
(1) Phases 1 and 2 have
in as many as eight (8) phases.
been recorded. Phases 3
(the final phase) has been
approved by City Council
and is pending recordation
upon resolution of
technical corrections.
(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
One installment of the fee
golf course to be paid in three
remains to be paid, and is
installments.
due September 20, 2004.
(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.
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Honorable City Council
April 7, 2004
Page 8
No.
Requirement
Status
(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) RPD 94 -1 has been use
inauguration for RPD 94 -1 from
inaugurated.
one (1) year to three ( 3 ) years.
(10) Extension of time for
(10) CUP 94 -1 has been use
inauguration for CUP 94 -1 from
inaugurated.
one (1) year to three (3) years.
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.
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:
00013 .1_
Honorable City Council
April 7, 2004
Page 9
1. Location Map
2. Site Plan
3. Narrative from Toll Brothers, Inc., dated 2/11/04.
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City of Moorpark LEG EN D
._• Planning Division Location Ma P Pra eat Site
Location: Moorpark Country Club Estates
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MOORPARK COUNTRY CLUB ES TA TES
I
s
February 11, 2004
Honorable City Council
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Re.: Annual Review of Development Agreement No. 95 -1 (Tract No. 4928)
Dear City Council,
Per the terms of the above referenced Development Agreement, Toll Brothers, Inc. is submitting this letter
as narrative to describe the current status of the development including accomplishments made since the
last review on January 6, 2003.
The Current Proiect Status is as follows:
• Final maps have been recorded for Phase 1 (Championship Drive, the 15` eighteen (18) holes of
the golf course and the model homes) and Phase 2 (89 residential lots).
• Final map for Phase 3 (the last nine (9) holes of the golf course and 121 residential lots) was
approved by City Council in September. The map was reviewed and returned to the City for
corrections by Ventura County Surveyor. The corrections have been completed and the map is
currently in final review at Ventura County for recordation.
• The conditional Occupancy Permit for the Country Club facility was issued on September 10`n
The remaining clearances (landscaping and Fire Dept.) should be acquired by the end of
February which will convert the Occupancy Permit to permanent.
• Champions Bar & Grill has been open to serve lunch daily as well as a limited breakfast schedule
since November 15t, 2003. The bar received its full liquor license on January 15`h, 2004.
• The last nine (9) holes of the golf course are targeted for construction completion by the end of
March. With proper grow -in and maturation, it is anticipated that the last nine will be ready for
public play sometime this summer.
• As of the date of this narrative, Phase 1 has three (3) model homes and three (3) vacant lots. All
89 lots in Phase 2 have been permitted, with 66 of these homes being occupied now and the
balance to be occupied by September. Permit applications for 20 lots in Phase 3 have been
submitted and the first occupancies are estimated for October.
• The heavy grading operations have been completed. Manufactured slopes and lots have either
been landscaped per approved plans, or they have been temporarily hydro seeded .for the
purposes of erosion control during the winter months. The burn area slopes were also hydro
seeded with a sterile rye grass that will stabilize slopes for this rainy season. The use of sterile
rye will allow native materials to regenerate for next year. Regional .-Water Quality Control Board
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inspected the entire 665 acre site early in December and gave Toll a correction list with only 2
minor items on it, which were rectified immediately.
• Utilities and streets have been installed for the first 22 lots in Phase 3. Wet utilities are currently
being installed for the remaining balance of the lots with an anticipated paving date in late spring.
• Championship Drive has been opened to thru traffic from Walnut Canyon Road to Grimes
Canyon Road. Roadway improvements on Grimes Canyon Road will commence this spring. The
City is in the process of condemning the right -of -way parcels on Grimes Canyon Road north of
Championship. Toll Brothers has approved plans and is contracted to complete the roadway
improvements when the condemnations are complete.
• The monuments, overheads and fencing at the Walnut Canyon Road and Grimes Canyon Road
entrances on Championship Drive are currently under construction, to be completed within a few
weeks.
• The community recreation facility in Phase 2 (serving the 89 homes) is complete. Construction of
the recreation facility in Phase 3 will commence in spring:
• The equestrian staging facility on Grimes Canyon Road is substantially complete. The multi-
purpose trail has been graded, but the completion of the trail and adjacent landscaping is
currently on hold pending modifications to trail intersections with streets along Championship
Road that are under review with City departments. It is anticipated that construction of the trail
can be completed by early summer.
• Common area landscaping within Phase 2 (89 lots) is complete. Landscaping on Championship
Drive from Grimes Canyon Road to the Country Club is approximately 85% complete, with final
completion to be accomplished with the final decision on the multi- purpose trail design
modifications. Common area landscaping inside Phase 3(121 lots) is underway and will be fully
completed after completion of streets in these areas. The Championship Drive streetscape plans
from the Country Club to Walnut Canyon Road have been approved and are currently out for bid
and contract. It is anticipated that all common area landscaping for the remainder of the
development will be substantially completed by late summer.
• The Grimes Canyon Road /118 intersection improvement plans are currently under review with
Union Pacific Railroad. Union Pacific has asked for and received additional information and plan
design(s). It is anticipated that Toll will receive an approval from Union Pacific which will then
allow for submittal to California Public Utilities Commission. It is anticipated that full approval
could be received by this summer. Since Caltrans has provided preliminary design approval
(subject to changes by Union Pacific and /or the CPUC), improvement plans are being distributed
for bid to allow for contracting and commencement of the work immediately upon receipt of final
approvals from Caltrans.
Toll Brothers believes that the Develooer Compliance with Terms of Agreement status is as follows:
Section 6 (a) 1 -5; Full payment has been made.
Section 6 (b); To be in compliance with Paragraph 3 of the "Second Amendment to Settlement
Agreement ", the golf course offers greens fee discounts to junior and senior players
and also provides free use by teams from Moorpark High School and Moorpark
Community College.
Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 2 of 4 000
Section 6 (c);
Clubhouse is complete and the City has already scheduled a golf tournament for May
Paragraph 4 of First Amendment rescinded, no further action necessary.
14", 2004 that will be the free rental event for the year.
Section 6 (d);
Reclaimed waterline and pump station construction is complete. First delivery of
The first annual City golf event to be held on May 14th, 2004 has been scheduled with
reclaimed water was received on 09/16103. It is projected that the full 27 -hole course
country club management.
will be reliant on 8M -10M gallons per month on average, with peak usage at 1.3M
All site improvement plans have been approved by Public Works with the exception
gallons per night during the warmest summer months.
Section 6 (e);
Portions of the trail system has been dedicated with the Final Map for Phase 1. The
Works consultant). The Final Map for Tract 4928 -3 is undergoing final review with
remainder of the trail is being dedicated with the Final Map for Phase 3.
Section 6 (f);
The remainder of the conservation easement (s) will be recorded with the Final Map
Improvements at Walnut Canyon Road and Championship Drive have been
for Phase 3.
Section 6 (g);
Lot Q was dedicated with the recordation of the Final Map for Tract No. 4928 -2 and
Legal descriptions for Grimes Canyon Road easements have been completed by Toll
requires no further action.
Section 6 (h);
The park improvements fee based on $.25 /sf of the clubhouse building was paid prior
parcels before Toll can proceed with the improvements. Toll has paid the required
to receipt of the clubhouse building permit.
Section 6 (i); The Air Quality Mitigation Fee for the residences has been paid at zoning clearance
at time of pulling building permit. The first two (2) installments for the golf course
have been paid, with the last installment due on 09/20/04.
Section 6 0); Additional deposits have recently been paid to Public Works Department. Toll has
not been notified of any other deposits needed or that there are any deficient account
balances.
Toll Brothers believes that the Second Amendment to Settlement Agreement status is as follows:
Paragraph 1;
Paragraph 4 of First Amendment rescinded, no further action necessary.
Paragraph 2;
92 of 95 building permits in Phases 1 & 2 have been issued to date.
Paragraph 3;
The first annual City golf event to be held on May 14th, 2004 has been scheduled with
country club management.
Paragraph 4;
All site improvement plans have been approved by Public Works with the exception
of the retaining wall on Grimes Canyon Road (currently in plan check with the Public
Works consultant). The Final Map for Tract 4928 -3 is undergoing final review with
Ventura County Surveyor's office.
Paragraph 5;
Improvements at Walnut Canyon Road and Championship Drive have been
completed and the intersection approved for use by Caltrans.
Paragraph 6;
Legal descriptions for Grimes Canyon Road easements have been completed by Toll
and approved by Public Works. The City is in the process of acquisition of the
parcels before Toll can proceed with the improvements. Toll has paid the required
deposit and will pay additional amounts of money as may be necessary to complete
the acquisition of the properties per the terms of the agreement.
Annual Review of Development Agreement No. 95-1 (Tract No. 4928) Page 3 of 4 0001.31%
Paragraph 7;
The final nine (9) holes shall be ready for public play during the coming summer
months, well ahead of the 12/31/04 opening date required by the agreement.
Paragraph 8;
Cable TV and communications services are being provided to the current residents
exclusively byAdelphia Cable, a City Cable Franchisee.
Paragraph 9;
Toll will cast affirmative ballots for any assessment district increases as needed.
Paragraph 10;
All design elements identified under this paragraph have been included in the current
construction documents. The plans have been preliminarily approved by Caltrans
(subject to Union Pacific and California Public Utilities Commission review and
changes), and it is anticipated that we will have full approvals for construction this
summer.
Paragraph 11;
The completion date for the Grimes /118 intersection per the terms of the agreement
is 05/16/06. Toll expects to have the improvements completed by this date.
Paragraph 12;
The first installment payment was made per the agreement. The second and third
installments will made upon the anniversary dates as agreed.
Paragraph 13;
Toll agreed to the fee in -lieu of the equestrian staging area restroom facility
Paragraph 14;
The fee referenced in paragraph 13 has been paid.
Paragraph 15;
Toll agrees to waive the right to payment under protest of any agreement fees (no
further Toll action needed).
Paragraph 16;
Plan approvals have been completed with assistance from the Director of Community
Development as needed.
Paragraph 17;
City agrees to modify and delete conditions (no further Toll action needed).
Paragraph 18;
Both parties agreed to independent counsel, negotiations, etc. (no further Toll action
needed).
Paragraph 19; Settlement Agreement and First Amendment remain in full force and effect (no further
Tall action needed).
The project management team at Country Club Estates at Moorpark feels confident that all components
of site improvements are moving forward at a satisfactory pace. It is _anticipated that the bulk of the
community development improvements will be completed by summer of this year, leaving only the
construction of homes, the Grimes /118 improvement and the construction of water tanks for the Water
District.
Sincerely,
Randy Goss
Senior Project Manager
Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 4 of 4 000138