HomeMy WebLinkAboutAGENDA REPORT 2009 0520 CC REG ITEM 10D ITEM
CITY OF MOORPARK,
City Council Meeting
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BY:
MOORPARK CITY COUNCIL
• AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph Fiss, Principal Planner
DATE: May 1, 2009 (CC Meeting of 5/20/2009)
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.
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/deposit for the 2009 annual review.
The Planning Director has reviewed the submitted information, including the project status
and provides the following report.
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Honorable City Council
May 20, 2009
Page 2
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 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.
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.
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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 Provide a total of twelve (12) affordable housing units; Toll has purchased 396 and 436 Charles
eight (8) units for Tract 5463 (four (4) low and four (4) Street and transferred the properties the
very low) and four (4) units per the Development City free and clear for fulfillment of the
Agreement for Tract 5464 (two (2) low and two (2)very requirement for eight (8) units for Tract
low). 5463. Toll is not proceeding with Tract
5464 and therefore, no further affordable
housing obligation is required.
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.
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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 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
I ndex" 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 Except for repair and reconstruction of that portion of The County has repaired and reopened
Grimes Canyon Road which was damaged by flood that portion of Grimes Canyon Road
waters, improve both sides of Grimes Canyon Road to which was damaged by flood waters.
its ultimate right-of-way from Championship Drive north Improvement of Grimes Canyon Road
to the northern City limits, with the same section as the required to begin prior to issuance of a
improvements previously made to the portion of Grimes building permit for the first dwelling unit
Canyon Road north of Championship Drive in and completed within one hundred and
connection with Tract 4928. eighty 180 days.
6.23 Prior to recordation of the first Final Tract Map for the To date, Developer has not recorded first
Property, Developer to purchase and dedicate fee title Final Tract Map. If Developer elects to
for seventy-two (72) acres of open space in lieu of pay fee in lieu of providing open space,
providing on-site open space dedication. In lieu of the fee shall be adjusted annually and
providing open space Developer may pay two million six paid as follows: Six hundred seventy
hundred eighty thousand dollars($2,680,000.00)to City thousand dollars ($670,000.00) paid to
for open space preservation purposes. City no later than the recordation of the
Final Map. Subsequent annual payments
of six hundred seventy thousand dollars
($670,000.00) shall be made for three
years on the anniversary of the first
payment.
6.24 Prior to the occupancy of the 49th unit Developer shall To date, development of units has not
pay City the cost installing of a minimum two (two) inch commenced.
rubberized asphalt overlay of Championship Drive from
Grimes Canyon Road to Walnut Canyon Road.
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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.
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.
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No. Requirement Status
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 Planning 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 Planning 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 6, 2009
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SACommunity Development\ADIVIUAGMTS\D A\2004-01 Toll TR 5463&TR 5464\cc 090520.doc
� X01 3'
CC loll `Brothers ATTACHMENT 2
America's Luxury Home Builder'"
March 6,2009
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 3rd 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 000184
Telephone: (714) 347-1300 • FAX: (714) 835-9685
Coroll G
Brothers
America's Luxury Home Builder TM
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
00185
Annual Review of Development Agreement No.2003-04(Tentative Tract No.5463)Page 2 of 2