HomeMy WebLinkAboutAGENDA REPORT 2013 1002 CCSA REG ITEM 10J ITEM 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development i ctor
Prepared By: Joseph Fiss, Principal Planner
DATE: September 13, 2013 (CC Meeting of 10/02/201
SUBJECT: Consider 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 Brothers, Inc. The Agreement was approved in connection with The Masters at
Moorpark Country Club Estates, a 49 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.
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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 July 18, 2012, the City
Council accepted the 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. The
developer has submitted the necessary application form, related materials, and
fee/deposit for the 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 project status is addressed in Toll Brother's narrative (CC Attachment 2).
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 Developer is in compliance with all
Approvals, all Subsequent Approvals and the MMRP requirements at this time.
of the MND and any subsequent or supplemental
environmental actions.
6.2 All lands and interests in land dedicated to City shall To be granted at Final Map approval.
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.
6.3 Payment of "Development Fees" of Nine Thousand These fees will be adjusted annually
Five Hundred Dollars ($9,500.00) per residential unit (until paid) using the Consumer Price
and Forty-Two Thousand Seven Hundred Fifty Dollars Index (CPI) in accordance with the
($42,750.00) per gross acre of institutional land. Agreement. Fees must be paid prior to
issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
6.4 Payment of "Citywide Traffic Fees" of Six Thousand These fees will be adjusted annually
Six Hundred Dollars ($6,600.00) per residential unit, (until paid) using the State Highway Bid
and Twenty-Nine Thousand, Seven Hundred Dollars Price Index in accordance with the
($29,700.00) per acre of institutional land. Agreement. Fees must be paid prior to
issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
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6.5 Payment of "Community Service Fees" of Two These fees will be adjusted annually
Thousand, Four Hundred Dollars ($2,400.00) per (until paid) using the Consumer Price
residential unit, and Ten Thousand Eight Hundred Index (CPI) in accordance with the
Dollars ($10,800.00) per gross acre of institutional Agreement. Fees must be paid prior to
land. issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
6.6 Payment of "Public Facilities Fee" of Twelve These fees will be adjusted annually
Thousand Dollars ($12,000.00) per residential unit (until paid) in accordance with the
and Fifty-Four Thousand Dollars ($54,000) per gross Agreement. The base fee was paid on
acre of institutional land. 6/4/2013 in conjunction with an Early
Grading Permit. The inflators are
currently being calculated and the
difference will be paid by the developer
prior to any subsequent approvals.
6.7 Payment of "Public Facilities Fee" of Twenty-Four These fees will be adjusted annually
Thousand Dollars ($24,000.00) for each residential (until paid) using the Consumer Price
dwelling unit and Fifty Cents ($0.50) per square foot of Index (CPI) in accordance with the
each building used for institutional purposes. Agreement. Fees must be paid prior to
issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
6.8 Prior to Final Map recordation, confirmation from If determined necessary, these
Ventura County Waterworks District No. 1 that improvements will be included in the
sufficient recycled water is available to serve public Water Works District No. 1
and community owned landscape areas. Design and improvement plan package and will be
construction of facilities required to deliver the bonded for prior to recordation of the
reclaimed water to the project, and payment of any Final Map. A reclaimed waterline
connection/meter fees required by the District. serving the medians and parkways for
Championship Drive and other publicly
maintained or common landscape areas
currently exists.
6.9 Under this section of the Development Agreement, as Toll purchased 396 and 436 Charles
amended on June 20, 2007 the developer must Street and transferred the properties the
provide a total of twelve (12) affordable housing units; City free and clear for fulfillment of the
eight (8) units for Tract 5463 (four (4) low and four (4) requirement for eight (8) units for Tract
very low) and four (4) units per the Development 5463. Toll is not proceeding with Tract
Agreement for Tract 5464 (two (2) low and two (2) 5464 and therefore, no further
very low). affordable housing obligation is
required.
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
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No. Requirement Status
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
units for Tract 5463.
6.10 Pay Air Quality Fee in the amount of One Thousand These fees will be adjusted annually
Eight Hundred Dollars ($1,800.00) per residential unit, (until paid) using the Consumer Price
and for institutional uses at a rate calculated by the Index (CPI) in accordance with the
Community Development Department. Agreement. Fees must be paid prior to
issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
6.11 Waiver of any density bonus rights that would Applicant has not requested density
increase the number of dwelling units approved to be bonus units.
constructed on the property.
6.12 Agreement to cast affirmative ballots for formation of To date no assessment district has
one or more assessment districts for maintenance of been required.
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.
6.13 Payment of all City capital improvement and Developer is in compliance with all
processing fees. requirements at this time. Fund review
ongoing.
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No. Requirement Status
6.14 Payment of Los Angeles Avenue Area of Contribution Fees must be paid prior to issuance of
(AOC) Fee. Zoning Clearance for Building Permit.
No Building Permits have been issued.
6.15 Provide for a 50-year life, as determined by the City To be part of the Street Improvement
Engineer, for all public street improvements. Plans to be reviewed and approved by
the City Engineer.
6.16 Agreement to pay any fees and payments pursuant to Developer is in compliance with all
this Agreement without reservation. requirements at this time.
6.17 Agreement to comply with requirements for annual To date, the applicant has complied
review of the Agreement including evaluation of with review requests and Mitigation
Mitigation Monitoring Program. Monitoring Program requirements.
6.18 Provide deposits for the proceedings and related To date no assessment district has
services for possible formation of a District as been required.
referenced in Subsection 7.6
6.19 Agreement that any property to be acquired by No request for property to be acquired
eminent domain shall be at City's discretion and after by eminent domain has been submitted
compliance with all legal requirements. to date.
6.20 Payment of all outstanding City processing costs Developer is in compliance with all
related to preparation of this Agreement, Project requirements at this time. Fund review
Approvals, and MND. ongoing.
6.21 Successor index with which the "CPI" and or "Referenced Index" and "CPI" continue
"referenced Index" are replaced shall be used in order in use and have not been replaced with
to obtain substantially the same result. a successor index.
6.22 Under this section of the Development Agreement, as As part of this project, Developer must
amended on June 20, 2007, in the event the County improve both sides of Grimes Canyon
does not improve the remaining unimproved portion of Road to its ultimate right-of-way from
Grimes Canyon Road to the City boundary, then Championship Drive north to the
Developer shall improve both sides of Grimes Canyon northern City limits, with the same
Road to its ultimate right-of-way from Championship section as the improvements previously
Drive north to the northern City limits except for repair made to the portion of Grimes Canyon
and reconstruction of that portion of Grimes Canyon Road north of Championship Drive in
Road which was damaged by flood waters, the connection with Tract 4928., The
developer must improve both sides of Grimes Canyon County has repaired and reopened that
Road to its ultimate right-of-way from Championship portion of Grimes Canyon Road which
Drive north to the northern City limits, with the same was damaged by flood waters. Grimes
section as the improvements previously made to the Canyon Road is open to through traffic
portion of Grimes Canyon Road north of via a new bridge constructed by
Championship Drive in connection with Tract 4928. Ventura County.
6.23 Under this section of the Development Agreement, as To date, Developer has not recorded
amended on June 20, 2007, prior to recordation of the first Final Tract Map. If Developer
first Final Tract Map for the Property, Developer to elects to pay fee in lieu of providing
purchase and dedicate fee title for seventy-two (72) open space, the fee shall be adjusted
acres of open space in lieu of providing on-site open annually and paid as follows: Six
space dedication. In lieu of providing open space hundred seventy thousand dollars
Developer may pay two million six hundred eighty ($670,000.00) paid to City no later than
thousand dollars ($2,680,000.00) to City for open the recordation of the Final Map.
space preservation purposes. Subsequent annual payments of six
hundred seventy thousand dollars
($670,000.00) shall be made for three
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No. Requirement Status
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. The
inflators are currently being calculated
and the difference will be paid by the
developer prior to any subsequent
approvals.
6.24 Prior to the occupancy of the 49th unit Developer shall To date, development of units has not
pay City the cost for installing a minimum two (two) commenced.
inch rubberized asphalt overlay of Championship
Drive from Grimes Canyon Road to Walnut Canyon
Road.
6.25 Grant a conservation easement to retain various lots The Conservation Easement has been
in a predominantly Open Space condition except for shown on the Tentative Map and will be
certain specified trail and other uses. recorded upon recordation of the Final
Map.
6.26 Provide an easement and Twenty-Five Thousand To date, development of units has not
Dollars ($25,000.00) for a City Welcome Sign on the commenced.
Project site prior to occupancy of the first residential
unit.
6.27 All major construction traffic, heavy equipment, and An Early Grading Permit was issued on
commercial vehicles shall enter and exit the Project June 18, 2013 and grading has
from Grimes Canyon Road. commenced. The developer is in
compliance with this condition.
6.28 The control and maintenance of all entry monuments Three of the four entry monuments
to be transferred to the master Homeowner's have been or will be transferred by Toll.
Association for Country Club Estates (Tract 4928). The monument located on the
Southeast Corner of Championship and
Walnut is owned by the Moorpark
Country Club Golf Course. Toll Brothers
prepared transfer documents for the
golf course to transfer the area to the
Moorpark Master Owners Association
(HOA) and transmitted to both parties.
The Golf Course and the HOA have
been unable to reach a mutual
agreement, and the issue is ongoing.
6.29 Provide agricultural buffer fencing along the joint To date, development of the project has
property line between the existing Moorpark Country not commenced.
Club Estates and the adjacent agricultural ,uses
immediately to the north.
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.
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No. Requirement Status
7.1 Agreement to commit reasonable time and resources To date, City has complied with any such
on expedited and parallel processing of application for requests-
subsequent applications.
7.2 If requested, at the developer's cost, proceed to To date, no such request has been
acquire easements or fee title to land in order to allow received.
construction of required public improvements.
7.3 Authorization for the City Manager to sign an early An Early Grading Permit was issued on
.grading permit. June 10, 2013.
7.4 Agreement to process concurrently, whenever To date, City has complied.
possible, all land use entitlements for the same
property so long as deemed complete).
7.5 Agreement that Park Fee required per Section 6.7 To date, City has complied.
meets obligation for park land dedication provisions of
state law and local codes.
7.6 Agreement to commence proceedings for Community To date no assessment district has been
Facilities District formation and incur bonded required.
indebtedness.
7.7 Agreement to appoint affordable housing staff person The Redevelopment Manager oversees
to oversee the implementation of affordable housing affordable housing requirements.
requirements.
7.8 Agreement to facilitate reimbursement to developer of To date, no such request has been
any costs incurred that may be subject to partial received.
reimbursement from other developers.
7.9 City agrees that any payments by Developer to meet To date, no payment has been made.
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.
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.
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ATTACHMENTS:
1. Location Map / Site Plan
2. Narrative from Toll Brothers, Inc., Dated February 28, 2012
256
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America's Luxury Home Builder's
March 28,2013
Honorable City Council
City of Moorpark
799 Moorpark Ave.
Moorpark,CA 93021
Re.:Annual Review of Development Agreement No.2003-04(Tentative Tract No. 5463)
Dear City Council,
Per the terms of the above referenced Development Agreement,Toll Brothers, Inc.is submitting this letter as the
annual narrative to describe the current status of the development.
The Current Proiect Status is as follows:
• A total of 49 lots are being developed on Tract 5463. An additional parcel between the subject tract and
Grimes Canyon Road was also acquired by Toll and will be incorporated into the development creating a
total of 50 lots on approximately 58 acres of property.
• Fourth plan check for grading and site improvement plans were submitted in January 2013. Previous
comments and corrections were reviewed and City Engineering staff indicated at that time,they were
satisfied with all grading and site improvement corrections. The final item necessary for the grading permit
is Ventura County Waterworks District#1 issuance of water and sewer Will-Serves. The project is currently
scheduled to start construction in April 2013,assuming all city approvals are obtained in this time period.
• Grimes Canyon Road is open to thru traffic via a new bridge constructed by Ventura County Dept.of
Transportation.Toll Brothers conveyed the necessary property and easements to Ventura County
Department of Transportation to allow re-routing of traffic in the damaged area of Grimes Canyon Road.
VCDOT re-routed Grimes Canyon Road around the road bed damage at the northern City limit boundary on
Toll Brothers Property. VCDOT has completed the re-routing of Grimes Canyon Road.
• Toll acquired and conveyed parcels of property on Charles Street in Aoril 2008,in order to comply with the
affordable housing component requirements.There is no further action required by Toll for this condition.
• Toll has made all review fee payments as requested by City staff to date. There are no other major fees due
at this time. The Public Facilities Fee will be due at grading permit issuance, and the first of four Open
Space fee installments will be due at final map approval.
Other than fire clearance and some soils geological inspection,there is no physical work that has been completed on
the property to date. All future work is pending grading permit approval.
Sincerely
Kevin E.Rosinski
Toll Brothers, Inc
Vice President
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