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HomeMy WebLinkAboutAGENDA REPORT 2011 0720 CC REG ITEM 10G ITEM 10.G. r:ityhCouncil Meeting MOORPARK CITY COUNCIL j AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development c or Y Prepared By: Joseph Fiss, Principal Planner DATE: July 11, 2011 (CC Meeting of 7/20/2011) 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, or until the developer has completed the construction of the Project and has paid the Promissory Note in full, whichever of the two events occurs first. 166 Honorable City Council July 20, 2011 Page 2 The purpose of the Promissory Note was to secure the payments required by subparagraphs 6. (a)(1), (a)(2), and (a)(3) of the Agreement. A subsequent agreement between the developer and the City resulted in a single payment of $3,000,000 by the developer on May 17, 1999 and eliminated the need for the Promissory Note. Construction of the residences and the golf course is complete. However there are several outstanding items that must be completed before the project can be considered "complete". Toll Brothers has completed their portion of improvements on Grimes Canyon Road, but three additional street lights remain to be installed on Grimes Canyon Road at Championship Drive per Encroachment Permit #2824. Street improvement bonds for Phase 2 will remain in effect for five years for warranty/observation purposes. Grading of the area behind the tank site on the northerly side of Championship Drive is not completed and the developer is stockpiling fill material on the site until the quantity is enough to perform the final grading. A stockpile and erosion control plan was reviewed and approved for the interim condition. Record drawings for improvements have been submitted and are in review. 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 21, 2010, 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. On October 22, 2010, Ariji California, LLC closed its purchase of the golf course from J. Won Corporation. Ariji agreed in writing to all conditions of the Development Agreement. The developer has submitted the necessary application form, related materials, and fee/deposit for the current 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 included 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 (a) through (j), summarized below. Compliance with the terms and conditions of the Development Agreement 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. ftor_pri_serv\Department Share\Community DevelopmenttADMIMAGMTSID A\1995-01 ToIRStaff Report\cc 110720.docx 167 Honorable City Council July 20, 2011 Page 3 No. Requirement Status (a) (1) through (5) A subsequent agreement between the developer Payments to the City totaling $5,000,000, on and the City has resulted in a single payment of various dates related to the "Golf Course $3,000,000 by the developer on May 17, 1999. Commencement" date. (b) Agreement that the golf course(s) shall be open The clubhouse and related buildings are to the public, without requirement for complete; however, final occupancy of the golf membership, and that twelve hours each week course was delayed pending completion of be made available at discount rates for City and restroom facilities, storm drain system, erosion school recreational/educational programs. control measures and slope failure restoration. Approved slope repair is complete. The restrooms are complete. The City released a $200,000.00 cash bond upon completion of these improvements, however release of final occupancy was withheld pending clarification of conditions related to the Arbor Day condition and use of the golf course. Ariji (the current owner of the golf course) has agreed in writing to work with the City on creating a plan for these issues, and final occupancy of the golf course was granted on October 21, 2010. City programs for the twelve (12) hours per week for school recreational/educational usage are under consideration. The new owners of the golf course have agreed to the golf course related provisions of this agreement and subsequent agreements. Condition # 59 of CUP 94-1 requires the golf course operator to maintain an on-site nursery and distribute 200 five-gallon trees to the public at no cost at an annual arbor day event to the satisfaction of the Community Development Director. When Toll Brothers owned the golf course, they maintained the nursery on-site and placed an ad in the paper annually notifying the public of the availability of the trees. The owners of the golf course after Toll Brothers (J. Won Corp.) removed the nursery, but participated in the City's Arbor Day program, annually since March 2007 by providing the required trees from an off-site nursery. The current owners have continued this practice. The Community Development Director has, since 2007, accepted this as compliance with this condition until resolution of this matter is finalized. S1Community DevelopmentADMIN\AGMTS\D A\1995-01 Toll\Staff Report\cc 110720.docx 168 Honorable City Council July 20, 2011 Page 4 No. Requirement Status (c) Agreement that the clubhouse and related The City has no current plans for use. facilities shall be available to the public for rent and that the City shall be granted one (1) free rental each year. (d) Extension of the reclaimed waterline to serve Construction of the waterline has been the medians and parkways for "C" Street and completed. Delivery of reclaimed water to the any other publicly maintained or common project occurred on September 16, 2003. landscape areas. (e) Grant an irrevocable offer of easement Mod. No. 1 relocated this trail to the south side of dedication for the equestrian (multi-purpose) "C" Street from the south project property line trails. 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 The requirements for the conservation easement lots in a predominantly Open Space condition have been resolved, and the final easement except for certain specified trail, golf course and document has been recorded. building ad uses. (g) Grant an irrevocable offer of dedication for Lot Lot Q (formerly lot 217) was irrevocably offered 217 (per Vesting Tentative Tract Map No. 4928) for dedication to the City per the Final Map of to be used for public purposes, except the Tract No. 4928-2, recorded November 7, 2001. portion needed to meet the obligations of the Due to changes to the final map, this lot should Mitigation Monitoring Program. have been transferred to the HOA. Staff is working with the HOA to resolve this issue. (h) Payment of an amount equal to twenty-five The fee has been paid. cents ($0.25) per square foot of clubhouse building area to fund park improvements. (i) Payment of Air Quality Mitigation Fee per the The residential fee has been collected with each project Conditions of Approval. zoning clearance for building permit. The three installments of the fee for the golf course have been paid. Q) Payment of all outstanding City project The project processing account balance is processing and environmental impact report current. costs. SACommunity Development\ADMIMAGMTS\D A\1995-01 Toll\Staff Report\cc 110720.docx 169 Honorable City Council July 20, 2011 Page 5 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 The grading plans are exempt from the Chapter 17.38 (Hillside Management) of the provisions of Municipal Code Chapter 17.38. The Moorpark Municipal Code. project is subject to all other applicable code provisions and city standards. (b) Exempt the project from any growth No growth management ordinance exists at this management ordinance that is adopted. time. (c) Proceed to acquire, if requested, and at May need to be used for Grimes Canyon developer's sole cost and expense, easements improvements north of Championship Drive. No or fee title to land not held by the developer, but request has been made at this time. required for construction of required improvements. (d) Expedite plan check processing whenever Revised the plot plan review and approval possible. process saving two months of processing time. Implemented on each plan check, whenever possible. (e) Authorization for the City Manager to sign an The developer entered into an early grading early grading agreement. agreement with the City in April 2000. (f) Agreement that the Los Angeles Avenue Area The residential Los Angeles Avenue AOC Fee of Contribution (AOC) for the residential portion has been collected with a zoning clearance for of the project shall not be required to be paid each residential unit. The fee for the golf course until time of issuance of Zone Clearance for the has been paid. first residential 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 These fees will be adjusted annually (until paid) Fee of three thousand dollars ($3,000) per unit, using the Consumer Price Index (CPI) in for the residential portion of the project, shall not accordance with the agreement. be required to be paid until time of issuance of Zone Clearance for the first residential building Residential Traffic Mitigation fees (as annually permit. The Citywide Traffic Mitigation Fee of adjusted) have been collected with zoning one hundred fifty-four thousand two hundred clearance for each residential unit. twenty- four dollars ($154,224) for the golf course(s) shall be paid prior to the "Golf Course Traffic Mitigation Fees for the golf course have Commencement" date. been paid at the annually adjusted rate. (h) Except for fees in lieu of park dedication, all Most residential development fees have been, "Development Fees" (not including processing and will be, collected at Zoning Clearance for and plan check fees and deposits) shall not be building permit. Certain development fees are required until Zoning Clearance for the first set per settlement agreement, or are tied to "Golf building permit, unless due at a later time. Course Commencement." \\mor_pri_sery\Department Share\Community DevelopmenflADMIN AGMTS\D A\1995-01 Toll\Staff Report\cc 110720.docx 170 Honorable City Council July 20, 2011 Page 6 No. Requirement Status (i) Upon effective date of the Agreement, the City shall allow the following: (1) Recordation of the final map in as many (1) Phases 1, 2 and 3 have been recorded as eight(8) phases. completing the recordation of all lots approved under the tentative map approval. (2) Provisions for the preservation, relocation, replacement, and creation of Valley (2) On February 13, 2006, the Developer's Needle Grassland habitat. consultant, The Planning Associates, provided a report on preservation and restoration activities. (3) Deletion of language from Condition No. Staff continues to monitor status of on-going re- 53 related to surety for trail construction. establishment efforts. (4) Allow the developer to pay Air Quality (3) This Condition is no longer applicable, as trail Mitigation Fees of Eight Hundred Eleven Dollars was bonded for and constructed as a public ($811) per dwelling unit prior to Zone Clearance improvement. for building permit rather that prior to recordation of the Final Map. Air Quality (4) The residential fee has been collected with Mitigation Fees for the golf course to be paid in each zoning clearance for building permit. The three installments. three installments of the fee for the golf course have been paid. (5) Certain streets as identified on the Street Plan, dated April 17, 1996, shall be (5) Streets within Phases 1, 2 and 3 are private. allowed to be built as private streets. (6) Specific construction requirements for "C" (6) Provisions for specific construction Street (Championship Drive) were established requirements for"C" Street. and it was completed and accepted by the City. (7) Initiate consideration of a General Plan (7)The reduction in setback standard required by Amendment allowing reduced minimum setback the Land Use Element of the General Plan was from agricultural uses on the northerly side of considered by the Planning Commission and the project. recommended for denial on November 8, 1999. The applicant subsequently withdrew the (8) Provisions for parking and access request. requirement for the golf course(s) and clubhouse. (8) Parking provisions for the golf course and clubhouse were established and constructed. (9) Extension of time for inauguration for RPD 94-1 from one (1) year to three (3) years. (9) RPD 94-1 has been use inaugurated and no extensions are needed. (10) Extension of time for inauguration for CUP 94-1 from one(1) year to three (3)years. (10) CUP 94-1 has been use inaugurated and no extensions are needed. SACommunity DevelopmentWDMINAGMTS\D A\1995-01 Toll\Staff Report\cc 110720.docx 171 Honorable City Council July 20, 2011 Page 7 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: 1. Location Map / Site Plan 2. Narrative from Toll Brothers, Inc., dated March 25, 2011 \\mor—pri_sery\Department Share\Community DevelopmenAADMIMAGMTS\D A\1995-01 Toll\Staff Report\cc 110720.docx 172 rpar C itry CI Estates an olf Cou e (Tra 4 28) rT L N I w E I LOCATION MAP CC ATTACHMENT 1 173 doll `Brothers America's Luxury HomeBuader* RECEIVED R EIVED March 25, 2011 MAR 3 0 2011 CITY OF MOORPARK 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, 2010. The Current Project Status is as follows: • Final maps have been recorded for the entire development. • A cumulative total of 216 building permits out of 216 total lots, have been issued for the development. • Phase 1; has six (6) lots which are complete and occupied, • Phase 2; all 89 lots are occupied and all construction is 100%complete. • Phase 3; all 121 lots are occupied and all construction is 100% complete. • Final paving surfaces have been installed in Phase 2, and phase 3. All required Street Striping, Stop Signs, Street Signs, Stop Bars, and Final Monumentation are complete. Subsequent Bond Exoneration requests were transmitted to the City of Moorpark during July and September 2010. • The common area landscaping of the Championship Drive corridor is complete. The golf course and the Country Club HOA presently maintain 95% of the landscaping. Toll Brothers still maintains the north side of Championship from Walnut Canyon to Sarazen Dr., as well as the north side of Championship from Trevino Dr. to Grimes Canyon Rd. The Landscape Maintenance District was turned over to the City on January 2, 2009. The multi-purpose trail is a part of the LIVID, and is maintained by the Landscape Maintenance District. • The golf course is fully operational, including all 27 holes and the clubhouse facility. The golf course is no longer owned by Toll Brothers. The golf course was recently sold by J. Won Corporation. CC ATTACHMENT 2 New York Stock Exchange • Symbol TOL LA/Ventura County Division 21956 Cortina Place • Chatsworth,CA 91311 • (818)701-6200 • Fax:(818) 701-6205 174 ToUBrothers.com • The three golf course restrooms are complete and operational. Toll Brothers completed it's outstanding golf course construction obligations on July 3, 2009. • The Grimes Canyon Road improvements that are required by tract conditions are complete. • Grimes Canyon road is open to unrestricted traffic via newly constructed bridge#226 by Ventura County Dept. of Transportation. • The Grimes Canyon Road/118 intersection improvements are complete. • The reclaimed water tank site is available to Ventura Water Works District for construction at any time. The potable water tank has been constructed and was operational in June '06. 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 has been available to the City. Section 6 (d); Reclaimed waterline and pump station construction is complete. First delivery of reclaimed water was received on 09/16/03. The full 27-hole course continues to use 8M-10M gallons per month on average, with peak usage at 1M gallons per night during the warmest summer months. 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 conservation easements have been recorded in favor of the City and requires no further action. 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 Q); All deposits have 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. 175 Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 2 of 4 Paragraph 2; The referenced condition was completed to the Director of Community Development's satisfaction. 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; The right-of-way was acquired and transferred to County of Ventura in March '07. No further action by Toll Brothers is necessary. 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. Paragraph 8; Cable TV and communications services are being provided to the current residents exclusively by Time-Warner 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; The improvements were completed by VCDOT and the signal lights were activated by CalTrans on 03/01/06. No further action by Toll Brothers is necessary. Paragraph 11; The completion date for the Grimes/118 intersection per the terms of the agreement is 05/16/06. No further action by Toll Brothers is necessary. Paragraph 12; The first, second and third installment payments have all been paid. No further action by Toll Brothers is necessary. 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. 176 Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 3 of 4 Paragraph 19; Settlement Agreement and First Amendment remain in full force and effect. No further action by Toll Brothers is necessary. Finally, it should be noted that all site improvements are substantially complete at this time. Sincerely, Toll CA LP Dustin Raddatz Toll Brothers Project Manager 177 Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 4 of 4