HomeMy WebLinkAboutAGENDA REPORT 2009 0520 CC REG ITEM 10E ITSMI O• E.
CITY OF MOORPARtE,CAUFQ!�NPA
City Council Meeting
Of D-'
ACTION:
BY:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared By: Joseph Fiss, Principal Planner
DATE: May 8, 2009 (CC Meeting of 5120/2009)
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. The twenty (20) year term ends March 10, 2018.
000186
Honorable City Council
May 20, 2009
Page 2
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 18, 2007, 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 for
2007. The developer has submitted the necessary application form, related materials, and
fee/deposit for the 2008 annual review. The Planning 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.
No. Requirement Status
(a) (1) through (5) A subsequent agreement between the
Payments to the City totaling $5,000,000, on developer and the City has resulted in a single
various dates related to the "Golf Course payment of$3,000,000 by the developer on May
Commencement" date. 171 1999.
(b) Agreement that the golf course(s)shall be open to The clubhouse and related buildings are
the public, without requirement for membership, complete; however, final occupancy of the golf
and that twelve hours each week be made course has been delayed pending completion of
available at discount rates for City and school restroom facilities, storm drain system, erosion
recreational/educational programs. control measures and slope failure restoration.
Approved slope repair is complete. Two of
three restrooms are complete, and one is
pending final release due to delays in approval
for sewering from Ventura County Waterworks
District No. 1. The City is holding a$200,000.00
cash bond pending completion of these
improvements.
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No. Requirement Status
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 new
owners of the golf course have removed the
nursery, but have participated in the City's Arbor
Day program, annually since March 2007 by
providing the required trees from an off-site
nursery. The Community Development Director
has, since 2007, accepted this as compliance
with this condition.
(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 the Construction of the waterline has been
medians and parkways for "C" Street and any completed. Delivery of reclaimed water to the
other publicly maintained or common landscape project occurred on September 16, 2003.
areas.
(e) Grant an irrevocable offer of easement dedication Mod. No. 1 relocated this trail to the south side
for the equestrian (multi-purpose) trails. of"C"Street from the south project property line
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
lots in a predominantly Open Space condition easement have been resolved, and the final
except for certain specified trail, golf course and easement document has been recorded.
building ad uses.
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No. Requirement Status
(g) Grant an irrevocable offer of dedication for Lot 217 Lot Q (formerly lot 217)was irrevocably offered
(per Vesting Tentative Tract Map No. 4928)to be for dedication to the City per the Final Map of
used for public purposes, except the portion Tract No.4928-2, recorded November 7, 2001.
needed to meet the obligations of the Mitigation
Monitoring Program.
(h) Payment of an amount equal to twenty-five cents The fee has been paid.
($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.
(j) Payment of all outstanding City project processing The project processing account balance is
and environmental impact report costs. current.
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 Chapter The grading plans are exempt from the provisions
17.38 (Hillside Management) of the Moorpark of Municipal Code Chapter 17.38. The project is
Municipal Code. subject to all other applicable code provisions and
city standards.
(b) Exempt the project from any growth management No growth management ordinance exists at this
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 or improvements north of Championship Drive. No
fee title to land not held by the developer, but request has been made at this time.
required for construction of required
improvements.
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No. Requirement Status
(d) Expedite plan check processing whenever Revised the plot plan review and approval process
possible. saving two months of processing time.
Implemented on .each plan check, whenever
possible.
(e) Authorization for the City Manager to sign an early The developer entered into an early grading
grading agreement. agreement with the City i-n April 2000.
(f) Agreement that the Los Angeles Avenue Area of The residential Los Angeles Avenue AOC Fee has
Contribution (AOC) for the residential portion of been collected with a zoning clearance for each
the project shall not be required to be paid until residential unit. The fee for the golf course has
time of issuance of Zone Clearance for the first been paid.
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 Fee These fees will be adjusted annually (until paid)
of three thousand dollars($3,000)per unit,for the using the Consumer Price Index (CPI) in
residential portion of the project, shall not be accordance with the agreement.
required to be paid until time of issuance of Zone
Clearance for the first residential building permit. Residential Traffic Mitigation fees (as annually
The Citywide Traffic Mitigation Fee of one adjusted) have been collected with zoning
hundred fifty four thousand two hundred twenty clearance for each residential unit.
four dollars($154,224)for the golf course(s)shall
be paid prior to the"Golf Course Commencement" Traffic Mitigation Fees for the golf course have
date. been paid at the annually adjusted rate.
(h) Except for fees in lieu of park dedication, all Most residential development fees have been, and
"Development Fees"(not including processing and will be, collected at Zoning Clearance for building
plan check fees and deposits) shall not be permit. Certain development fees are set per
required until Zoning Clearance for the first settlement agreement, or are tied to "Golf Course
building permit, unless due at a later time. Commencement."
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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 Needle (2) On February 13, 2006, the Developer's
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 will be 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 Mitigation Fees for (4)The residential fee has been collected with each
the golf course to be paid in three installments. zoning clearance for building permit. The three
installments of the fee for the golf course have
(5) Certain streets as identified on the Street been paid.
Plan, dated April 17, 1996, shall be allowed to be
built as private streets. (5) Streets within Phases 1, 2 and 3 are private.
(6) Provisions for specific construction
requirements for"C" Street. (6) Specific construction requirements for "C"
Street (Championship Drive) have been
(7) Initiate consideration of a General Plan established.
Amendment allowing reduced minimum setback
from agricultural uses on the northerly side of the (7) The reduction in setback standard required by
project. the Land Use Element of the General Plan was
considered by the Planning Commission and
(8) Provisions for parking and access recommended for denial on November 8, 1999.
requirement for the golf course(s)and clubhouse. The applicant subsequently withdrew the request.
(9) Extension of time for inauguration for (8) Parking provisions for the golf course and
RPD 94-1 from one (1) year to three (3)years. clubhouse have been established.
(10) Extension of time for inauguration for (9) RPD 94-1 has been use inaugurated and no
CUP 94-1 from one (1)year to three (3)years. extensions are needed.
(10) CUP 94-1 has been use inaugurated and no
extensions are needed.
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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 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 February 17, 2009
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LOCATION MAP
CC ATTACHMENT 1
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CC ATTACHMENT roll GBi others
2
America's Luxury Home Builder"
February 17, 2009
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 terns 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 14, 2008.
The Current Project Status is as follows:
Final maps have been recorded for the entire development.
• A cumulative total of 204 building permits and 3 conditional permits (for the model homes) out of
210 total lots, have been issued for the development.
• Phase 1; has three (3) model homes and three (3)vacant lots.
• Phase 2; all 89 lots are occupied and all construction is 100% complete.
• Phase 3; out of 121 lots, 112 homes have closed escrow, and 9 vacant lots have just recently
been released for sale.
• Final paving surfaces have been installed at Phase 2, approximately 85% in Phase 3, and the
entire.length of Championship Drive from Walnut Canyon to Grimes Canyon.
• The common area landscaping of the Championship Drive corridor is complete. The golf course
and the Country Club HOA presently maintain 90% of the landscaping. Toll Brothers still
maintains the north side of Championship from Walnut Canyon to Sarazan 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 sold to J. Won Corp. on
09/30/04.
• The golf course is currently operating under a conditional Occupancy Permit. The acceptance of
the golf course restrooms (by Toll Brothers)will convert the Occupancy Permit to permanent.
New York Stock Exchange • Symbol TOL ,
301 Science Drive, Suite 240 • Moorpark, CA 93021
Telephone: (805) 531-0006 • FAX: (805) 531-0016
roll Bro th ers
America's Luxury Home Builder"
Two of the restrooms are complete and operational. Sewer issue for the 3rd restroom has finally
been resolved, and the building plans are approved by Building & Safety, and the restroom is
under construction. Completion is targeted for late spring 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 1 M 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 (j); 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.
New York Stock Exchange • Symbol TOL
301 Science Drive, Suite 240 • Moorpark, CA 93021
Telephone: (805) 531-0006 • FAX: (805) 531-0016
Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 2 of 2
karoll Brothers
America's Luxury Home Builder"
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.
New York Stock Exchange • Symbol TOL
301 Science Drive, Suite 240 • Moorpark, CA 93021 0 001s 6
Telephone: (805) 531-0006 • FAX: (805) 531-0016
Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 3 of 3
roll Bro th ers
America's Luxury Home Builder"
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,
IV
i
Toll Brothers, Inc.
Dustin Raddatz
Toll Brothers Project Manager
New York Stock Exchange • Symbol TOL
301 Science Drive, Suite 240 • Moorpark, CA 93021 IS-7
Telephone: (805) 531-0006 • FAX: (805) 531-0016
Annual Review of Development Agreement No.95-1 (Tract No.4928)Page 4 of 4