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HomeMy WebLinkAboutAGENDA REPORT 2005 0907 CC REG ITEM 10KMOORPARK CITY COUNCIL AGENDA REPORT ITEM 10. K , "WRMMOMP ITT OF MOORPARK, CALIFORNIA City Council Meeting of ACTION: 12"A BY. L-442--a— C9 -�3_� TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Laura Stringer, Administrativ Services Manager 0 DATE: August 19, 2005 (CC Meeting of 9/07/05) 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. \ \Mor pri ,erg \ C tv Shaz e'\Community Development ADMINI AGMTS \L) A \i995 01 _oll Sta* f 'Recoy t `,cc 050907. doc9t\- Commun1-tV- De-ve opment\- ADMIN- \- AGAT-,1 ;\ 000268 Honorable City Council September 7, 2005 Page 2 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 April 7, 2004, 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 2004. The developer has submitted the necessary application form, related materials, and fee /deposit for the 2005 annual review. The Community Development Director has reviewed the submitted information, including the project status and provides the following report. DISCUSSION Current Protect Status The project status (as of February 11, 2004), is included in Toll Brother's narrative (Attachment 3). Since the time when the February 11 narrative was submitted, the final map for Phase 3 was recorded on September 15, 2004. In addition, conditional occupancy of the last nine holes of the golf course has been issued. Final occupancy has been delayed pending completion of the golf course restrooms, storm drain system and erosion control measures. 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 between the Payments to the City totaling $5,000,000, on various developer and the City has resulted in a dates related to the "Golf Course Commencement" single payment of $3,000,000 by the date. developer on May 17, 1999. (b) Agreement that the golf course(s) shall be open to the The club house and related buildings public, without requirement for membership, and that are complete; however, final occupancy twelve hours each week be made available at discount of the golf course has been delayed rates for City and school recreational /educational pending completion of restroom programs. facilities, storm drain system and erosion control measures. The City will be responsible for determining eligible 000269 Honorable City Council September 7, 2005 Page 3 No. Requirement Status programs for the twelve (12) hours per week use. The new owners of the golf course have agreed to the golf course related provisions of this agreement and subsequent agreements. (c) Agreement that the clubhouse and related facilities No specific event has yet been shall be available to the public for rent and that the identified. City shall be granted one 1 free rental each year. (d) Extension of the reclaimed waterline to serve the Construction of the waterline has been medians and parkways for "C" Street and any other completed. Delivery of reclaimed water publicly maintained or common landscape areas. to the project occurred on September 16, 2003. (e) Grant an irrevocable offer of easement dedication for Mod. No. 1 relocated this trail to the the equestrian (multi - purpose) trails. 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 multi - purpose trail dedication has occurred with subsequent map phases. (f) Grant a conservation easement to retain various lots in The conservation easement has been a predominantly Open Space condition except for signed and submitted and is pending certain specified trail, golf course and building pad final review and recordation. uses. (g) Grant an irrevocable offer of dedication for Lot 217 Lot Q (formerly lot 217) was irrevocably (per Vesting Tentative Tract Map No. 4928) to be used offered for dedication to the City per the for public purposes, except the portion needed to meet Final Map of Tract No. 4928 -2, recorded the obligations of the Mitigation Monitoring Program. November 7, 2001. (h) Payment of an amount equal to twenty -five cents The fee has been paid. ($0.25) per square foot of clubhouse building area to fund park improvements. (i) Payment of Air Quality Mitigation Fee per the project The residential fee has been collected Conditions of Approval. with each zoning clearance for building permit. The three installments of the fee for the golf course have been paid. (j) Payment of all outstanding City processing and The project processing account balance environmental impact report costs related to the is current. roject. 00027110 Honorable City Council September 7, 2005 Page 4 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. No. Requirement Status (a) Exempt the project from the provisions of Chapter The grading plans are exempt from the 17.38 (Hillside Management) of the Moorpark provisions of Municipal Code Chapter Municipal Code. 17.38. The project is subject to all other applicable code provisions and city standards. (b) Exempt the project from any growth management No growth management ordinance exists ordinance that is adopted. at this time. (c) Proceed to acquire, if requested, and at developer's May need to be used for Grimes Canyon sole cost and expense, easements or fee title to land improvements north of Championship not held by the developer, but required for construction Drive. No request has been made at this of required improvements. time. (d) Expedite plan check processing whenever possible. Implemented on each plan check, whenever possible. (e) Authorization for the City Manager to sign an early The developer entered into an early grading agreement. grading agreement with the City in April 2000. (f) Agreement that the Los Angeles Avenue Area of The residential Los Angeles Avenue AOC Contribution (AOC) for the residential portion of the Fee has been collected with a zoning project shall not be required to be paid until time of clearance for each residential unit. The fee issuance of Zone Clearance for the first residential for the golf course has been paid. building permit. The AOC Fee for the golf course(s) shall be paid prior to the "Golf Course Commencement" date. (g) Agreement that the Citywide Traffic Mitigation Fee of These fees will be adjusted annually (until three thousand dollars ($3,000) per unit, for the paid) using the Consumer Price Index residential portion of the project, shall not be required (CPI) in accordance with the agreement. to be paid until time of issuance of Zone Clearance for Residential Traffic Mitigation fees (as the first residential building permit. The Citywide annually adjusted) have been collected with Traffic Mitigation Fee of one hundred fifty four zoning clearance for each residential unit. thousand two hundred twenty four dollars ($154,224) "Golf Traffic Mitigation Fees for the golf course for the golf course(s) shall be paid prior to the Course Commencement" date. have been paid at the annually adjusted rate. (h) Except for fees in lieu of park dedication, all Most residential development fees have "Development Fees" (not including processing and been, and will be, collected at Zoning plan check fees and deposits) shall not be required Clearance for building permit. Certain until Zoning Clearance for the first building permit, development fees are set per settlement unless due at a later time. agreement, or are tied to "Golf Course Commencement." Upon Upon effective date of the Agreement, the City shall 0) the following: 0002'71 Honorable City Council September 7, 2005 Page 5 No. Requirement Status (1) Recordation of the final map in as many as (1) Phases 1, 2 and 3 have been recorded. eight (8) phases. (2) Provisions for the preservation, relocation, (2) Staff is coordinating with the City's replacement, and creation of Valley Needle Grassland environmental consultant and the applicant habitat. on this item. (3) Deletion of language from Condition No. 53 (3) This Condition is no longer related to surety for trail construction. applicable, as trail will be bonded for and constructed as a public improvement. (4) Allow the developer to pay Air Quality (4) The residential fee has been Mitigation Fees of Eight Hundred Eleven Dollars collected with each zoning clearance for ($811) per dwelling unit prior to Zone Clearance for building permit. The three installments of building permit rather that prior to recordation of the the fee for the golf course have been paid. Final Map. Air Quality Mitigation Fees for the golf course to be paid in three installments. (5) Certain streets as identified on the Street (5) Streets within Phases 1, 2 and 3 are Plan, dated April 17, 1996, shall be allowed to be built private. as private streets. (6) Provisions for specific construction (6) Specific construction requirements for requirements for "C" Street. "C" Street (Championship Drive) have been established. (7) Initiate consideration of a General Plan (7) The reduction in setback standard Amendment allowing reduced minimum setback from required by the Land Use Element of the agricultural uses on the northerly side of the project. General Plan was considered by the Planning Commission and recommended for denial on November 8, 1999. The applicant subsequently withdrew the request. (8) Provisions for parking and access requirement (8) Parking provisions for the golf course for the golf course(s) and clubhouse. and clubhouse have been established. (9) Extension of time for inauguration for RPD 94- (9) RPD 94 -1 has been use inaugurated. 1 from one (1) year to three (3) years. (10) Extension of time for inauguration for CUP 94- (10) CUP 94 -1 has been use inaugurated. 1 from one 1 year to three 3 ears. 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 0002'72 Honorable City Council September 7, 2005 Page 6 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: 1. Location Map 2. Site Plan 3. Narrative from Toll Brothers, Inc., dated March 23, 2005. 0002'73 �l O O MOORPARK COUNTRY CLUB ES TA TES CC ATTACHMENT 2 March 23, 2005 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 April 7, 2004. The Current Project Status is as follows: • Final maps have been recorded for the entire development. • The golf course is fully operational, including all 27 holes and the clubhouse facility. The golf course was sold to a third party individual on 09/30/04. • The golf course is currently operating under a conditional Occupancy Permit. The acceptance of the golf course restrooms and additional drainage improvements will convert the Occupancy Permit to permanent. Full completion is anticipated for the end of 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 occupied, all common area landscape facilities are complete (including the park), and final street repairs are underway with final paving anticipated to be complete this summer. • Of the 121 lots in Phase 3, 25 homes have closed escrow, and an additional 38 homes are in various stages of construction. 14 outstanding sales deposits should be converted to contract and permits obtained within the next month. A balance of 44 lots is left for sale. • Burn area slopes from last year recovered nicely with the application of native hydro -seed mix that fully established over the spring and summer season. • The common area landscaping of the Championship Drive corridor is approximately 90% complete (including entry structures and project ID signs at the Walnut and Grimes entrances) and should be at substantial completion by June. Common area perimeter slope landscaping is at about 85% complete (with full completion also anticipated for June), and the remaining park site is complete and will be ready for final inspection by Planning Dept. within 1 -2 weeks. CC ATTACHMENT 3 000276 • A total of 34.12 inches of rainfall has been recorded at the golf course weather station since October. Numerous slides have occurred over the site due to over saturation of the soil, however there was no damage or threat to occupied homes or infrastructure within the development. Erosion repairs are currently underway (employing the services of three (3) separate contractors), with priority being given to repair of landscape areas, followed by native slopes and finally vacant lots. The detention basins on the west and eastern sides of the development worked effectively during the record rainfall. The structures have reduced peak flows to adjacent properties when measured against historic pre - development hydrology values, which provides an erosion control benefit to those downstream properties. The Grimes Canyon Road improvements at the western boundary of the development have been contracted and the work has commenced with the tree removal and road shoulder grading completed. The balance of the asphalt paving work should be substantially complete by the end of April. Adjacent landscaping areas should be completed by mid summer. Grimes Canyon road bed to the north of the improvement boundary has been washed out and the bridge at the southern improvement boundary has been condemned. Ventura County Dept. of Transportation is reducing the limit of the improvements per the approved plans with the understanding that they will complete the limited sections with the replacement of the road washout and the bridge. The transportation department will be constructing a temporary bypass lane for use during the repair work (open to local residents only). The Grimes Canyon Road /118 intersection improvement plans have been fully approved by all railroads involved as well as the California Public Utilities Commission. Ventura County Dept. of Transportation, Caltrans and Toll Brothers traffic design consultants are in the midst of finalizing the construction plans. The County transportation department has submitted the construction agreement for approval by Ventura County Board of Supervisors. Preliminary improvement bids are being taken by Toll Brothers, and upon approval by Caltrans and the Board of Supervisors the work will be immediately contracted and construction will commence. The reclaimed water tank site is under construction and should be turned over to the Ventura Water Works District within the next couple of months. The potable water tank design has been approve and construction has commenced, with completion anticipated for mid summer. Toll Brothers believes that the Developer 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. Section 6 (c); The requisite free rental event was made available to the City in '04, with the event being held on September 28tH Section 6 (d); Reclaimed waterline and pump station construction is complete. First delivery of reclaimed water was received on 09/16/03. It is projected that the full 27 -hole course will be reliant on 8M -10M gallons per month on average, with peak usage at 1.3M gallons per night during the warmest summer months. 0002'77 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 2 of 4 Section 6 (e); The multi - purpose trail easements have been recorded in favor of the City and requires no further action. Section 6 (f); The final draft version of the conservation easement is in possession of the Planning Dept. Section 6 (g); Lot Q was dedicated with the recordation of the Final Map for Tract No. 4928 -2 and requires no further action. Section 6 (h); The park improvements fee based on $.25 /sf of the clubhouse building was paid prior 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 final installment for the golf course in the amount of $45,308- was paid on 09/20/04. Section 6 (j); Additional deposits have recently been paid to Public Works Department. Toll has not been notified of any other deposits needed or that there is 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; The referenced condition was completed to the Director of Community Development's satisfaction. To date a total of 152 permits plus the 3 model conditional permits have been issued. Paragraph 3; The first annual City golf event was held on 09/28/04. No further action by Toll Brothers is necessary. Paragraph 4; All site improvement plans have been approved by Public Works and the Final Map for Tract 4928 -3 was recorded on 09/15/04. No further action by Toll Brothers is necessary. Paragraph 5; Improvements at Walnut Canyon Road and Championship Drive have been completed and the intersection approved for use by Caltrans. No further action by Toll Brothers is necessary. Paragraph 6; Legal descriptions for Grimes Canyon Road right -of -way easements have been completed by Toll and approved by Public Works. The City is in the process of acquisition of the parcels, currently awaiting approval of the right -of -way legal descriptions by Ventura County Department of Transportation. Toll has started the improvements and should be complete with the work by the end of April. 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. Paragraph 7; The final nine (9) holes were opened for public play at the end of August '04. No further action by Toll Brothers is necessary. 000278 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 3 of 4 Paragraph 8; Cable TV and communications services are being provided to the current residents exclusively by Adelphia Cable, a City Cable Franchisee. No further action by Toll Brothers is necessary. 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 approved by the affected railroad companies and the California Public Utilities Commission. Ventura County Department of Transportation is in final negotiations with Caltrans for plan approvals, and improvements can start upon receipt of the approved plans and authorization to proceed granted from the Ventura County Board of Supervisors. 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 and second installment payments have been made. The third (final) installment will made upon the anniversary date (05/16/05) as agreed. Paragraph 13; Toll agreed to the fee in -lieu of the equestrian staging area restroom facility. No further action by Toll Brothers is necessary. Paragraph 14; The fee referenced in paragraph 13 has been paid. No further action by Toll Brothers is necessary. Paragraph 15; Toll agrees to waive the right to payment under protest of any agreement fees. No further action by Toll Brothers is necessary. 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 action by Toll Brothers is necessary. Paragraph 18; Both parties agreed to independent counsel, negotiations, etc. No further action by Toll Brothers is necessary. Paragraph 19; Settlement Agreement and First Amendment remain in full force and effect. No further action by Toll Brothers is necessary. 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. For the most part only the construction of homes, the Grimes /118 intersection improvement and the construction of water tank for the Water District remains. Sincerely, Randy Goss Senior Project Manager 000279 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 4 of 4