HomeMy WebLinkAboutAGENDA REPORT 2010 0421 CC REG ITEM 10O ITEM 10.0.
'ity Council Meetis-,f,
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MOORPARK CITY COUNCIL..
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development it ctor
Prepared By: Joseph Fiss, Principal Planne
DATE: April 8, 2010 (CC Meeting of 4/21/2010)
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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Honorable City Council
April 21, 2010
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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 May 20, 2009, 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 Proiect 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 of requirements at this time.
the MND and any subsequent or supplemental
environmental actions.
6.2 All lands and interests in land dedicated to City shall be To be granted at Final Map approval.
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 Five These fees will be adjusted annually(until
Hundred Dollars ($9,500.00) per residential unit and paid) using the Consumer Price Index
Forty-Two Thousand Seven Hundred Fifty Dollars (CPI) in accordance with the Agreement.
($42,750.00) per gross acre of institutional land. 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 Six These fees will be adjusted annually(until
Hundred Dollars ($6,600.00) per residential unit, and paid) using the State Highway Bid Price
Twenty-Nine Thousand, Seven Hundred Dollars Index in accordance with the Agreement.
($29,700.00) per acre of institutional land. Fees must be paid prior to issuance of
Zoning Clearance for Building Permit. No
Building Permits have been issued.
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No. Requirement Status
6.5 Payment of "Community Service Fees" of Two These fees will be adjusted annually(until
Thousand, Four Hundred Dollars ($2,400.00) per paid) using the Consumer Price Index
residential unit, and Ten Thousand Eight Hundred (CPI) in accordance with the Agreement.
Dollars($10,800.00) per gross acre of institutional land. Fees must be paid prior to issuance of
Zoning Clearance for Building Permit. No
Building Permits have been issued.
6.6 Payment of"Public Facilities Fee" of Twelve Thousand These fees will be adjusted annually(until
Dollars ($12,000.00) per residential unit and Fifty-Four paid) using the Consumer Price Index
Thousand Dollars ($54,000) per gross acre of (CPI) in accordance with the Agreement.
institutional land. Fees must be paid prior to issuance of
Zoning Clearance for Building Permit. No
Building Permits have been issued.
6.7 Payment of "Public Facilities Fee" of Twenty-Four These fees will be adjusted annually(until
Thousand Dollars ($24,000.00) for each residential paid) using the Consumer Price Index
dwelling unit and Fifty Cents ($0.50) per square foot of (CPI) in accordance with the Agreement.
each building used for institutional purposes. 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 sufficient improvements will be included in the
recycled water is available to serve public and Water Works District No. 1 improvement
community owned landscape areas. Design and plan package and will be bonded for prior
construction of facilities required to deliver the reclaimed to recordation of the Final Map. A
water to the project, and payment of any reclaimed waterline serving the medians
connection/meter fees required by the District. 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 has purchased 396 and 436 Charles
amended on June 20, 2007 the developer must provide Street and transferred the properties the
a total of twelve (12) affordable housing units; eight(8) City free and clear for fulfillment of the
units for Tract 5463 (four(4) low and four (4) very low) requirement for eight (8) units for Tract
and four (4) units per the Development Agreement for 5463. Toll is not proceeding with Tract
Tract 5464 (two(2) low and two(2) very low). 5464 and therefore, no further 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 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
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No. Requirement Status
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.
6.10 Pay Air Quality Fee in the amount of One Thousand These fees will be adjusted annually(until
Eight Hundred Dollars ($1,800.00) per residential unit, paid) using the Consumer Price Index
and for institutional uses at a rate calculated by the (CPI) in accordance with the Agreement.
Community Development Department. 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 increase Applicant has not requested density
the number of dwelling units approved to be constructed bonus units.
on the property
6.12 Agreement to cast affirmative ballots for formation of To date no assessment district has been
one or more assessment districts for maintenance of 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 processing Developer is in compliance with all
fees. requirements at this time. Fund review
ongoing.
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.
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No. Requirement Status
6.17 Agreement to comply with requirements for annual To date, the applicant has complied with
review of the Agreement including evaluation of review requests and Mitigation Monitoring
Mitigation Monitoring Program. Program requirements.
6.18 Provide deposits for the proceedings and related To date no assessment district has been
services for possible formation of a District as required.
referenced in Subsection 7.6
6.19 Agreement that any property to be acquired by eminent No request for property to be acquired by
domain shall be at City's discretion and after compliance eminent domain has been submitted to
with all legal requirements. date.
6.20 Payment of all outstanding City processing costs related Developer is in compliance with all
to preparation of this Agreement, Project Approvals,and requirements at this time. Fund review
MND. ongoing.
6.21 Successor index with which the"CPI"and or"referenced "Referenced Index"and"CPI"continue in
Index" are replaced shall be used in order to obtain use and have not been replaced with a
substantially the same result. successor index. _
6.22 Under this section of the Development Agreement, as The County has repaired and reopened
amended on June 20, 2007, in the event the County that portion of Grimes Canyon Road
does not improve the remaining unimproved portion of which was damaged by flood waters.
Grimes Canyon Road to the City boundary, then Grimes Canyon Road is open to through
Developer shall improve both sides of Grimes Canyon traffic via a new bridge constructed by
Road to its ultimate right-of-way from Championship Ventura County. Toll submitted
Drive north to the northern City limits except for repair conveyancing documents to the County to
and reconstruction of that portion of Grimes Canyon provide them with the necessary property
Road which was damaged by flood waters, the to reroute Grimes Canyon Road around
developer must improve both sides of Grimes Canyon the road bed damage at the northern City
Road to its ultimate right-of-way from Championship limit. The County has completed the
Drive north to the northern City limits, with the same rerouting of Grimes Canyon Road.
section as the improvements previously made to the
portion of Grimes Canyon Road north of Championship
Drive in connection with Tract 4928.
6.23 Under this section of the Development Agreement, as To date, Developer has not recorded first
amended on June 20, 2007, prior to recordation of the Final Tract Map. If Developer elects to
first Final Tract Map for the Property, Developer to pay fee in lieu of providing open space,
purchase and dedicate fee title for seventy-two (72) the fee shall be adjusted annually and
acres of open space in lieu of providing on-site open paid as follows: Six hundred seventy
space dedication. In lieu of providing open space thousand dollars ($670,000.00) paid to
Developer may pay two million six hundred eighty City no later than the recordation of the
thousand dollars($2,680,000.00)to City for open space Final Map. Subsequent annual payments
preservation purposes. of six hundred seventy thousand dollars
($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.
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) inch commenced.
rubberized asphalt overlay of Championship Drive from
Grimes Canyon Road to Walnut Canyon Road.
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No. Requirement Status
6.25 Grant a conservation easement to retain various lots in a The Conservation Easement has been
predominantly Open Space condition except for certain shown on the Tentative Map and will be
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 To date, no major construction has
commercial vehicles shall enter and exit the Project from commenced.
Grimes Canyon Road.
6.28 The control and maintenance of all entry monuments to Toll has prepared the easement
be transferred to the master Homeowner's Association documents and agreements from Toll and
for Country Club Estates (Tract 4928). the Moorpark Golf Course,and submitted
them to the Homeowner's Association for
review. The documents are being
reviewed by the HOA attorney.
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.
No. Requirement Status
7.1 Agreement to commit reasonable time and resources on To date, City has complied with any such
expedited and parallel processing of application for requests.
subsequent applications.
7.2 If requested, at the developer's cost, proceed to acquire To date, no such request has been received.
easements or fee title to land in order to allow
construction of required public improvements.
7.3 Authorization for the City Manager to sign an early No early grading permit has been requested
grading permit. to date. _
7.4 Agreement to process concurrently,whenever possible, To date, City has complied.
all land use entitlements for the same property(so long
as deemed complete).
7.5 Agreement that Park Fee required per Section 6.7 meets To date, City has complied.
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.
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No. Requirement Status
7.7 Agreement to appoint affordable housing staff person to The Redevelopment Manager in the
oversee the implementation of affordable housing Assistant City Manager's Office oversees
requirements. affordable housing requirements.
7.8 Agreement to facilitate reimbursement to developer of To date, no such request has been received.
any costs incurred that may be subject to partial
reimbursement from other developers.
7.9 City agrees that any payments by Developer to meet its To date, no payment has been made.
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.
ATTACHMENTS:
1. Location Map / Site Plan
2. Narrative from Toll Brothers, Inc., Dated February 10, 2010
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139
Toll brothers'
America's Luxury Home Builder-
February 10, 2010
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 first annual narrative to describe the current status of the development.
The Current Project 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.
• Grading and site improvement plans were submitted to Public Works in'Sept '07 for first plan
check. Comments were received in November and corrections resubmitted in early December.
A second round of comments was received in March, and corrections are being completed with
re-submittal for 3rd plan check anticipated within 2 weeks. Recent review with Public Works staff
indicates that grading permit issuance is feasible at completion of 3`d plan check.
• Grimes Canyon Road is open to thru traffic via a new bridge constructed by Ventura County Dept.
of Transportation. Toll has submitted conveyancing documents to VCDOT which will provide
them with the necessary property to re-route Grimes Canyon Road around the road bed damage
at the northern City limit boundary. VCDOT has completed the re-routing of Grimes Canyon
Road.
• Toll acquired parcels of property on Charles St. in order to comply with the affordable housing
component requirements. The parcels were conveyed to the City on April 10, 2008. 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 School Crossing Guard and the first of four Open Space fee installments will be due at final
map approval.
New York Stock Exchange • Symbol TOL
725 Town and Country Rd., Suite 500, Orange, CA 92868
Telephone: (714)347-1300 • FAX: (714) 835-9685
CC ATTACHMENT 2 140
moll "Brothers
America's Luxury Home Builder'"
Other than fire clearance and some soils geology inspection, there is no physical work that has been
done on the property to date. All future work is pending grading permit approval.
Sincerely, ;
Toll Brothers, Inc.
Dustin Raddatz
Project Manager
New York Stock Exchange • Symbol TOL
725 Town and Country Rd., Suite 500, Orange, CA 92868
Telephone: (714) 347-1300 • FAX: (714) 835-9685
Annual Review of Development Agreement No.2003-04(Tentative Tract No.5463)Page 2 of 2 141