HomeMy WebLinkAboutAGENDA REPORT 2020 0603 REG CCSA ITEM 10FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 03, 2020
ACTION Approved staff recommendation.
(Roll Call Vote: Unanimous)
BY B.Garza.
F. Receive Report of Annual Development Agreement Review, Established in
Connection with The Masters at Moorpark Country Club Estates, Located on
43.04 Acres North of Championship Drive and East of Grimes Canyon Road
(Tract 5463), on the Application of Toll Brothers, Inc. Staff Recommendation:
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. (Staff: Freddy Carrillo)
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
BY: Freddy A. Carrillo, Associate Planner ll
DATE: 06/03/2020 Regular Meeting
SUBJECT: Receive Report of Annual Development Agreement Review,
Established in Connection with The Masters at Moorpark Country
Club Estates, Located on 43.04 Acres North of Championship Drive
and East of Grimes Canyon Road (Tract 5463), 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 December 6, 2006, the Moorpark City Council adopted Ordinance No. 346 (effective
January 5, 2007), approving a Development Agreement between the City of Moorpark
and Toll Land XX, LP, affiliated with Toll Brothers, Inc. The Agreement was approved in
connection with The Masters at Moorpark Country Club Estates, a 50-lot single-family
residential development, located on 43.04 Acres North of Championship Drive and East
of Grimes Canyon Road. The Agreement remains in full force and effect for twenty (20)
years from the operative date of the Agreement, January 5, 2007. The twenty (20) year
term ends January 5, 2027. On June 20, 2007 the Development Agreement was
amended to change Sections 6.9, 6.22, and 6.23, specifically related to Affordable
Housing, Grimes Canyon Road Improvements, and Open Space In-Lieu payments.
This amendment did not change the operative dates of the agreement.
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 for the annual review. The
Community Development Director has reviewed the submitted information, including the
project status and provides the following report.
Item: 10.F.
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DISCUSSION
Current Project Status
• To date, all 50 residential units have been constructed and are occupied. The
development is fully constructed.
• Final asphalt paving or “cap placement” on streets was scheduled to be
completed between March and June, 2020; however, the applicant has stated
that due to COVID-19, this project has been suspended until further notice. The
City maintains a surety bond of $2.7 million in the event that the developer does
not complete the final improvements.
Developer Compliance with Terms of Agreement
The developer’s responsibilities are included in Section 6 of the Development
Agreement, and include requirements 6.1 through 6.29, summarized below.
Compliance with the terms and conditions of the Development Agreement occurs 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
6.1 Developer shall comply with this Agreement, Project
Approvals, all Subsequent Approvals and the
Mitigated Measures, and Mitigated Report Program
(MMRP) of the Mitigated Negative Declaration (MND)
and any subsequent or supplemental environmental
actions.
Developer has complied with the
Mitigation Monitoring Program. All
required mitigations have been
completed and no further monitoring is
needed.
6.2 All lands and interests in land dedicated to City shall
be free and clear of liens and encumbrances other
than easements or restrictions that do not preclude or
interfere with use of the land or interest for its
intended purpose, as reasonably determined by City.
Final Map has been recorded and all
lands and interests have been
dedicated to the City in accordance with
the DA.
6.3 Payment of “Development Fees” of $9,500.00 per
residential unit and $42,750.00 per gross acre of
institutional land.
Developer has paid all applicable
development fees.
6.4 Payment of “Citywide Traffic Fees” of $6,600.00 per
residential unit, and $29,700.00 per acre of
institutional land.
Developer has paid all applicable
citywide traffic fees.
6.5 Payment of “Community Service Fees” $2,400.00 per
residential unit, and $10,800.00 per gross acre of
institutional land.
Developer has paid all applicable
community service fees.
6.6 Payment of “Public Facilities Fee” of $12,000.00 per
residential unit and $54,000.00 per gross acre of
institutional land for all housing units prior to issuance
of a grading permit.
Developer has paid all applicable public
facilities fees.
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No. Requirement Status
6.7 Payment of “Park Fee” of $24,000.00 for each
residential dwelling unit and $0.50 per square foot of
each building used for institutional purposes.
Developer has paid all applicable park
fees.
6.8 Prior to Final Map recordation, confirmation from
Ventura County Waterworks District No. 1 that
sufficient recycled water is available to serve public
and community owned landscape areas. Design and
construction of facilities required to deliver the
reclaimed water to the project, and payment of any
connection/meter fees required by the District.
Developer designed a new booster
station plan in lieu of installing a
recycled water system through the tract.
Plan is under review by the Water
Board. The final cap installment will
proceed once street crossing to August
Drive is completed. Existing irrigation
system will be retrofitted for the
recycled water system.
6.9 Developer must provide a total of twelve (12)
affordable housing units; eight (8) units for Tract 5463
(four (4) low and four (4) very low) and four (4) units
per the Development Agreement for Tract 5464 (two
(2) low and two (2) very low).
To partially meet this obligation, the Developer agrees
to transfer clear title to the approximately 0.34 acre
and approximately 0.16 acre parcels known as 396
Charles Street in partial fulfillment of the requirements
for affordable housing as indicated in section 6.9 of
this Agreement. City will credit Developer five (5)
affordable units, consisting of three (3) low income
and two (2) very low income units toward the total
required by this Agreement and the Development
Agreement for Tract 5464. In the event Developer
obtains clear title to the approximately 0.34 acre
parcel known as 436 Charles Street in further partial
fulfillment of the requirements for affordable housing,
City will credit Developer three (3) additional
affordable units, consisting of one (1) very low income
and two (2) low income units toward the total required
by this Agreement and the Development Agreement
for Tract 5463. Prior to the issuance of a grading
permit for either Tract or upon receipt of clear title,
whichever is earlier, Developer shall transfer the
property or properties described above to the City free
and clear of any and all encumbrances and structures.
Should the grading permit for Tract 5463 precede the
grading permit for Tract 5464, the credit for the five (5)
or eight (8) (depending on whether Developer has
acquired clear title to the 436 Charles Street property)
affordable units shall be applied to Tract 5463.
Should the grading permit for Tract 5464 precede the
grading permit for Tract 5463, the requirement for four
(4) affordable units will be fulfilled. At the Developer’s
option, the credit for the remaining fifth (5th) to eighth
(8th) affordable unit(s) may be applied toward the
fulfillment of one (1) to four (4) affordable housing
unit(s) for Tract 5463.
Toll purchased 396 and 436 Charles
Street and transferred the properties to
the City free and clear for fulfillment of
the requirement for eight (8) units for
Tract 5463. Toll is not proceeding with
Tract 5464; therefore, no further
affordable housing obligation is
required.
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No. Requirement Status
6.10 Pay Air Quality Fee in the amount of $1,800.00 per
residential unit, and for institutional uses at a rate
calculated by the Community Development
Department.
Developer has paid all applicable air
quality fees.
6.11 Waiver of any density bonus rights that would
increase the number of dwelling units approved to be
constructed on the property.
Developer did not request density
bonus units.
6.12 Agreement to cast affirmative ballots for formation of
one or more assessment districts for maintenance of
parkway and median landscaping and street lighting,
including but not limited to all water and electricity
costs. Agreement to form property owner’s
association(s) to provide landscape, street lighting
and park (if necessary) open space land, trails
drainage facilities maintenance and compliance with
NPDES requirements.
Project was annexed into the City of
Moorpark Landscaping and Lighting
Maintenance Assessment District No.
AD 01-02 on October 7, 2015 by
Resolution No. 2015-3443. No
additional assessment district is
required.
6.13 Payment of all City capital improvement and
processing fees.
Developer is in compliance with all
requirements at this time.
6.14 Payment of Los Angeles Avenue Area of Contribution
(AOC) Fee.
Fees were collected prior to issuance of
the Zoning Clearance for each Building
Permit and have been paid for all units,
in accordance with the current fee
resolution.
6.15 Provide for a 50-year life, as determined by the City
Engineer, for all public street improvements.
Public street improvements have been
designed and constructed in
accordance with the DA.
6.16 Agreement to pay any fees and payments pursuant to
this Agreement without reservation.
Developer has paid all fees applicable
to this Agreement.
6.17 Agreement to comply with requirements for annual
review of the Agreement including evaluation of
Mitigation Monitoring Program.
Developer has complied with review
requests and Mitigation Monitoring
Program requirements.
6.18 Provide deposits for the proceedings and related
services for possible formation of a District as
referenced in Subsection 7.6
Project was annexed into the
Landscape Maintenance District (LMD).
No additional assessment district is
required.
6.19 Agreement that any property to be acquired by
eminent domain shall be at City’s discretion and after
compliance with all legal requirements.
No request for property to be acquired
by eminent domain has been submitted
to date.
6.20 Payment of all outstanding City processing costs
related to preparation of this Agreement, Project
Approvals, and MND.
Developer has paid all outstanding City
processing costs.
6.21 Successor index with which the Consumer Price Index
“CPI” and or “referenced Index” are replaced shall be
used in order to obtain substantially the same result.
“Referenced Index” and “CPI” continue
in use and have not been replaced with
a successor index.
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No. Requirement Status
6.22 Under this section of the Development Agreement, as
amended on June 20, 2007, in the event the County
does not improve the remaining unimproved portion of
Grimes Canyon Road to the City boundary, then
Developer shall improve both sides of Grimes Canyon
Road to its ultimate right-of-way from Championship
Drive north to the northern City limits except for repair
and reconstruction of that portion of Grimes Canyon
Road which was damaged by flood waters, the
developer must improve both sides of Grimes Canyon
Road to its ultimate right-of-way from Championship
Drive north to the northern City limits, with the same
section as the improvements previously made to the
portion of Grimes Canyon Road north of
Championship Drive in connection with Tract 4928.
The County repaired and reopened the
portion of Grimes Canyon Road, which
was damaged by flood waters. Grimes
Canyon Road is open to through traffic
via a new bridge constructed by
Ventura County. No further widening by
Toll was required.
6.23 Under this section of the Development Agreement, as
amended on June 20, 2007, prior to recordation of the
first Final Tract Map for the Property, Developer to
purchase and dedicate fee title for seventy-two (72)
acres of open space in lieu of providing on-site open
space dedication. In lieu of providing open space
Developer may pay $2,680,000.00 to City for open
space preservation purposes.
The Developer elected to pay fee in lieu
of providing open space, the fee shall
be adjusted annually and paid as
follows: $670,000.00 paid to City no
later than the recordation of the Final
Map. Subsequent annual payments of
$670,000.00 shall be made for three
years on the anniversary of the first
payment. This fee is adjusted annually
based on the larger increase of either
CPI, Housing Index, or LAIF. The base
fee was paid on 6/4/2013 in conjunction
with an Early Grading Permit. Three
subsequent inflation-adjusted payments
were made for a total payment of
$3,717,026.00 to completely satisfy this
term.
6.24 Prior to the occupancy of the 49th unit Developer shall
pay City the cost for installing a minimum two (two)
inch rubberized asphalt overlay of Championship
Drive from Grimes Canyon Road to Walnut Canyon
Road.
Developer has paid applicable fee to
completely satisfy this condition.
6.25 Grant a conservation easement to retain various lots
in a predominantly Open Space condition except for
certain specified trail and other uses.
The Conservation Easement was
recorded upon recordation of the Final
Map.
6.26 Provide an easement and $25,000.00 for a City
Welcome Sign on the Project site prior to occupancy
of the first residential unit.
The easement was recorded as part of
the Final Map and applicable fee was
paid.
6.27 All major construction traffic, heavy equipment, and
commercial vehicles shall enter and exit the Project
from Grimes Canyon Road.
Construction is complete.
Ingress/egress to project is provided by
Grimes Canyon Road and Walnut
Canyon Road.
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No. Requirement Status
6.28 The control and maintenance of all entry monuments
to be transferred to the master Homeowner’s
Association for Country Club Estates (Tract 4928).
Entry monuments have been
transferred to the Master Homeowner’s
Association.
6.29 Provide agricultural buffer fencing along the joint
property line between the existing Moorpark Country
Club Estates and the adjacent agricultural uses
immediately to the north.
Fencing was installed consistent with an
approved fence and wall plan.
City Compliance with Terms of Agreement
The City’s responsibilities are contained in Section 7 of the Development Agreement
and include provisions 7.1 through 7.9 summarized below.
No. Requirement Status
7.1 Agreement to commit reasonable time and resources
on expedited and parallel processing of application for
subsequent applications.
City has complied.
7.2 If requested, at the developer’s cost, proceed to
acquire easements or fee title to land in order to allow
construction of required public improvements.
No request from developer.
7.3 Authorization for the City Manager to sign an early
grading agreement.
City Manager authorized an early grading
agreement
7.4 Agreement to process concurrently, whenever
possible, all land use entitlements for the same
property (so long as deemed complete).
City has complied.
7.5 Agreement that Park Fee required per Section 6.7
meets obligation for park land dedication provisions of
state law and local codes.
City has complied.
7.6 Agreement to commence proceedings for Community
Facilities District formation and incur bonded
indebtedness.
Project was annexed into the Landscape
Maintenance District (LMD). No additional
assessment district is required.
7.7 Agreement to appoint affordable housing staff person
to oversee the implementation of affordable housing
requirements.
The Community Services Manager
oversees affordable housing requirements.
7.8 Agreement to facilitate reimbursement to developer of
any costs incurred that may be subject to partial
reimbursement from other developers.
To date, no such request has been
received.
7.9 City agrees that any payments by Developer to meet
its obligations per section 6.23 of this Agreement also
satisfies subsection 3.1.1-3 of the Mitigation
Monitoring Program adopted for the Project and the
City further agrees to use said payment for open
space preservation purposes within the City, City’s
Area of Interest or property contiguous thereto.
The City agrees that the applicant’s
payment of $3,717,026.00 satisfies this
provision.
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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 all the terms and conditions of the agreement.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
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.
Attachment: Site Plan
628
ATTACHMENT 629