HomeMy WebLinkAboutAGENDA REPORT 2017 0215 CCSA REG ITEM 10F ITEM 10.F.
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manage`
DATE: February 8, 2017 (CC Meeting of 2/15/2017)
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. 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
To date, 41 units (including model homes) have been completed.
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 have been adjusted
Five Hundred Dollars ($9,500.00) per residential unit annually in accordance with the
and Forty-Two Thousand Seven Hundred Fifty Dollars Agreement and are currently
($42,750.00) per gross acre of institutional land. $17,763.00 per housing unit. Fees must
be paid prior to issuance of Zoning
Clearance for Building Permit. To date,
41 permits (including model homes)
have been issued.
6.4 Payment of "Citywide Traffic Fees" of Six Thousand These fees have been adjusted
Six Hundred Dollars ($6,600.00) per residential unit, annually in accordance with the
and Twenty-Nine Thousand, Seven Hundred Dollars Agreement and are currently
($29,700.00) per acre of institutional land. $11,123.00 per housing unit. Fees
must be paid prior to issuance of Zoning
Clearance for Building Permit. To date,
41 permits (including model homes)
have been issued.
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6.5 Payment of "Community Service Fees" of Two These fees have been adjusted
Thousand, Four Hundred Dollars ($2,400.00) per annually in accordance with the
residential unit, and Ten Thousand Eight Hundred Agreement and are currently $4,488.00
Dollars ($10,800.00) per gross acre of institutional per housing unit. Fees must be paid
land. prior to issuance of Zoning Clearance
for Building Permit. To date, 41 permits
(including model homes) have been
issued.
6.6 Payment of "Public Facilities Fee" of Twelve A total of $719,000 was paid by April
Thousand Dollars ($12,000.00) per residential unit 11, 2014 to satisfy this term.
and Fifty-Four Thousand Dollars ($54,000) per gross
acre of institutional land for all housing units prior to
issuance of a grading permit.
6.7 Payment of "Park Fee" of Twenty-Four Thousand These fees have been - adjusted
Dollars ($24,000.00) for each residential dwelling unit annually in accordance with the
and Fifty Cents ($0.50) per square foot of each Agreement and are currently
building used for institutional purposes. $44,311.00 per housing unit. Fees must
be paid prior to issuance of Zoning
Clearance for Building Permit. To date,
41 permits (including model homes)
have been completed.
6.8 Prior to Final Map recordation, confirmation from A reclaimed waterline serving the
Ventura County Waterworks District No. 1 that medians and parkways. for
sufficient recycled water is available to serve public Championship Drive and other publicly
and community owned landscape areas. Design and maintained or common landscape areas
construction of facilities required to deliver the currently exists.
reclaimed water to the project, and payment of any
connection/meter fees required by the District.
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
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
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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 have been adjusted
Eight Hundred Dollars ($1,800.00) per residential unit, annually (until paid) in accordance with
and for institutional uses at a rate calculated by the the Agreement and are currently $2,164
Community Development Department. per housing unit. Fees must be paid
prior to issuance of Zoning Clearance
for Building Permit. To date, 41 permits
(including model homes) 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 additional assessment
one or more assessment districts for maintenance of district has 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.
6.14 Payment of Los Angeles Avenue Area of Contribution Fees are collected prior to issuance of
(AOC) Fee. the Zoning Clearance for each Building
Permit in accordance with the current
fee resolution.
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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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 additional assessment
services for possible formation of a District as district has 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 repaired and reopened the
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. No further widening is
required.
6.23 Under this section of the Development Agreement, as The Developer elected to pay fee in lieu
amended on June 20, 2007, prior to recordation of the of providing open space, the fee shall
first Final Tract Map for the Property, Developer to be adjusted annually and paid as
purchase and dedicate fee title for seventy-two (72) follows: Six hundred seventy thousand
acres of opens space in lieu of providing on-site open dollars ($670,000.00) paid to City no
space dedication. In lieu of providing open space later than the recordation of the Final
Developer may pay two million six hundred eighty Map. Subsequent annual payments of
thousand dollars ($2,680,000.00) to City for open six hundred seventy thousand dollars
space preservation purposes. ($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. The base
fee was paid on 6/4/2013 in conjunction
with an Early Grading Permit. Three
subsequent inflation-adjusted payments
were made for a total payment of
$3,717,026.00 to completely satisfy this
term.
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6.24 Prior to the occupancy of the 49th unit Developer shall To date, 41 permits (including model
pay City the cost for installing a minimum two (two) homes) have been issued. The
inch rubberized asphalt overlay of Championship developer has not paid this fee.
Drive from Grimes Canyon Road to Walnut Canyon
Road.
6.25 Grant a conservation easement to retain various lots The Conservation Easement was
in a predominantly Open Space condition except for recorded upon recordation of the Final
certain specified trail and other uses. Map.
6.26 Provide an easement and Twenty-Five Thousand The easement was recorded upon
Dollars ($25,000.00) for a City Welcome Sign on the recordation of the Final Map and
Project site prior to occupancy of the first residential payment made.
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. The developer is in
from Grimes Canyon Road. 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 Fencing was installed consistent with an
property line between the existing Moorpark Country approved fence and wall plan.
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 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).
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No. Requirement Status
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 Program Manager oversees affordable
to oversee the implementation of affordable housing 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.
ATTACHMENTS:
1. Site Plan
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