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HomeMy WebLinkAboutAGENDA REPORT 2006 0719 CC REG ITEM 10JMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council rEM l O . S'. :3s- AliOORPARK. ALIFORNi Q, CcuncH Meeting FROM: Barry K. Hogan, Community Development Directo Prepared By: Laura Stringer, Administrative Se is s Manager DATE: June 8, 2006 (CC Meeting of 7/19/06) 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. 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 September 7, 2005, 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 UOU19h Honorable City Council July 19, 2006 Page 2 terms and conditions of the Agreement, and deemed the annual review process complete for 2005. The developer has submitted the necessary application form, related materials, and fee /deposit for the 2006 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 (Attachment 3). . 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 will 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 various developer and the City has resulted in a dates related to the "Golf Course Commencement" single payment of $3,000,000 by the date. developer on May 17, 1999. (b) Agreement that the golf course(s) shall be open to the The club house and related buildings public, without requirement for membership, and that are complete; however, final occupancy twelve hours each week be made available at discount of the golf course has been delayed rates for City and school recreational /educational pending completion of restroom programs. facilities, storm drain system, erosion control measures and slope failure restoration. Approved slope repair plans are out to bid from Toll. They anticipate letting a contract soon, and commencing work before July 19, 2006. 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 --If course o erator to maintain an on- 000199 Honorable City Council July 19, 2006 Page 3 No. Requirement Status site nursery and distribute 200 five - gallon trees to the public at no cost at an annual arbor day event. 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 continue to distribute the trees, by purchasing them from a local wholesale nursery. Typically, less than 10 people avail themselves of the trees annually. Staff will work with the Golf Course owners to develop a more effective tree distribution p ro ram. (c) Agreement that the clubhouse and related facilities During 2004 and 2005 City use of the shall be available to the public for rent and that the golf course was transferred to the Boys City shall be granted one (1) free rental each year. and Girls Club for their annual golf tournament fundraiser. The City has no current plans for use. (d) Extension of the reclaimed waterline to serve the Construction of the waterline has been medians and parkways for "C" Street and any other completed. Delivery of reclaimed water publicly maintained or common landscape areas. to the project occurred on September 16, 2003. (e) Grant an irrevocable offer of easement dedication for Mod. No. 1 relocated this trail to the the equestrian (multi - purpose) trails. south side 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 lots in The requirements for the conservation a predominantly Open Space condition except for easement have been resolved, and the certain specified trail, golf course and building pad final easement document is being uses. drafted. (g) Grant an irrevocable offer of dedication for Lot 217 Lot Q (formerly lot 217) was irrevocably (per Vesting Tentative Tract Map No. 4928) to be used offered for dedication to the City per the for public purposes, except the portion needed to meet Final Map of Tract No. 4928 -2, recorded the obligations of the Mitigation Monitoring Program. November 7, 2001. (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. 000200 Honorable City Council July 19, 2006 Page 4 No. Requirement Status (i) Payment of Air Quality Mitigation Fee per the project The residential fee has been collected Conditions of Approval. with each zoning clearance for building Municipal Code. permit. The three installments of the fee for the olf course have been paid. (j) Payment of all outstanding City processing and The project processing account balance (b) environmental impact report costs related to the is current. project. at this time. 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 17.38 (Hillside Management) of the Moorpark provisions of Municipal Code Chapter Municipal Code. 17.38. The project is subject to all other applicable code provisions and city standards. (b) Exempt the project from any growth management No growth management ordinance exists ordinance that is adopted. at this time. (c) Proceed to acquire, if requested, and at developer's May need to be used for Grimes Canyon sole cost and expense, easements or fee title to land improvements north of Championship not held by the developer, but required for construction Drive. No request has been made at this of required improvements time. (d) Expedite plan check processing whenever possible. Revised the plot plan review and approval process 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 agreement. grading agreement with the City in April 2000. (f) Agreement that the Los Angeles Avenue Area of The residential Los Angeles Avenue AOC Contribution (AOC) for the residential portion of the Fee has been collected with a zoning project shall not be required to be paid until time of clearance for each residential unit. The fee issuance of Zone Clearance for the first residential for the golf course has been paid. building permit. The AOC Fee for the golf course(s) shall be paid prior to the "Golf Course Commencement" date. 000201. Honorable City Council July 19, 2006 Page 5 No. Requirement Status (g) Agreement that the Citywide Traffic Mitigation Fee of These fees will be adjusted annually (until three thousand dollars ($3,000) per unit, for the paid) using the Consumer Price Index residential portion of the project, shall not be required (CPI) in accordance with the agreement. to be paid until time of issuance of Zone Clearance for Residential Traffic Mitigation fees (as the first residential building permit. The Citywide annually adjusted) have been collected with Traffic Mitigation Fee of one hundred fifty four zoning clearance for each residential unit. thousand two hundred twenty four dollars ($154,224) for the golf course(s) shall be paid prior to the "Golf Traffic Mitigation Fees for the golf course Course Commencement" date. have been paid at the annually adjusted rate. (h) Except for fees in lieu of park dedication, all Most residential development fees have "Development Fees" (not including processing and been, and will be, collected at Zoning plan check fees and deposits) shall not be required Clearance for building permit. Certain until Zoning Clearance for the first building permit, development fees are set per settlement unless due at a later time. agreement, or are tied to "Golf Course Commencement." 0) Upon effective date of the Agreement, the City shall allow the following: (1) Recordation of the final map in as many as (1) Phases 1, 2 and 3 have been recorded eight (8) phases. completing the recordation of all lots approved under the tentative map approval. (2) Provisions for the preservation, relocation, (2) On February 13, 2006, the Developer's replacement, and creation of Valley Needle Grassland consultant, The Planning Associates, habitat. provided a report on preservation and restoration activities. Staff continues to monitor status of on -going re- establishment efforts. (3) Deletion of language from Condition No. 53 (3) This Condition is no longer applicable, related to surety for trail construction. as trail will be bonded for and constructed as a public improvement. (4) Allow the developer to pay Air Quality (4) The residential fee has been collected Mitigation Fees of Eight Hundred Eleven Dollars with each zoning clearance for building ($811) per dwelling unit prior to Zone Clearance for permit. The three installments of the fee building permit rather that prior to recordation of the for the golf course have been paid. Final Map. Air Quality Mitigation Fees for the golf course to be paid in three installments. (5) Certain streets as identified on the Street (5) Streets within Phases 1, 2 and 3 are Plan, dated April 17, 1996, shall be allowed to be built private. as private streets. 000202 Honorable City Council July 19, 2006 Page 6 No. Requirement Status (6) Provisions for specific construction (6) Specific construction requirements for requirements for "C" Street. "C" Street (Championship Drive) have been established. (7) Initiate consideration of a General Plan (7) The reduction in setback standard Amendment allowing reduced minimum setback from required by the Land Use Element of the agricultural uses on the northerly side of the project. General Plan was considered by the Planning Commission and recommended for denial on November 8, 1999. The applicant subsequently withdrew the request. (8) Provisions for parking and access requirement (8) Parking provisions for the golf course for the golf course(s) and clubhouse. and clubhouse have been established. (9) Extension of time for inauguration for RPD 94- (9) RPD 94 -1 has been use inaugurated 1 from one (1) year to three (3) years. and no extensions are needed. (10) Extension of time for inauguration for CUP 94- (10) CUP 94 -1 has been use inaugurated 1 from one (1) year to three (3) years. and no extensions are needed. 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 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 2. Site Plan 3. Narrative from Toll Brothers, Inc., dated March 22, 2006 (with June 9, 2006 update) 000203 C G G N C MOORPARK COUNTRY CLUB ESTATES CC ATTACHMENT 2 March 22, 2006 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 March 23, 2005. The Current Project Status is as follows: • Final maps have been recorded for the entire development. • A cumulative total of 167 building permits and 3 conditional permits (for the model homes) out of 216 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 with all common area landscape facilities completed, and final street repairs are complete with final paving scheduled for this March. • Phase 3; out of 121 lots, 62 homes have closed escrow, and an additional 16 homes are in various stages of construction. There are 14 homes sold but not started, with 9 of these homes to be permitted within the next few weeks. A balance of 29 lots is left for sale. • The common area landscaping of the Championship Drive corridor is substantially complete. The multi - purpose trail will be maintained by Toll Brothers until it is eligible for turnover to the Landscape Maintenance District per the Development Agreement (completion of the last home). • 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. Full completion is anticipated for the end of summer. • J. Won Corp. was unable to comply with the requirements of Public Works with regards to repairs of slope failures that were the result of storms last year. Toll Brothers is presently coordinating CC ATTACHMENT 3 000206 the consultants and contractors to make the repairs on behalf of J. Won Corp., with full inspection and approval of Public Works Dept. By agreement with J. Won Corp., Toll Brothers will be completing all structural repairs to the golf course, and J. Won Corp. will complete all non- structural repairs. All repair work will be completed by June '06. • The Grimes Canyon Road improvements are complete. The City consultant is working on perfecting the right -of -way easements to the satisfaction of Ventura County Dept. of Transportation. • Grimes Canyon road is open to restricted thru traffic (local residents only) via a temporary bypass lane constructed by Ventura County Dept. of Transportation. VCDOT is quoting bridge replacement by February '07. Toll has provided all temporary work easements to all public agencies as requested. • The Grimes Canyon Road /118 intersection improvements are complete. The traffic signal is recently in full operation (as of March 15) • 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 will be fully operational when the pump facility is completed 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. 000207 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 2 of 4 Section 6 (j); Additional deposits have recently 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. 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; Legal descriptions for Grimes Canyon Road right -of -way easements have been completed by Toll and approved by Public Works. The City is in the process of acquisition of the parcels, currently awaiting approval of the right -of -way legal descriptions by Ventura County Department of Transportation ( VCDOT). Toll has completed the improvements with the roadway inspected and approved by VCDOT. Toll has paid the required deposit and will pay additional amounts of money as may be necessary to complete the acquisition of the properties per the terms of the agreement. 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 Adelphia 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 and second and third installment payments have all been made. 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. 000208 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 3 of 4 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. Paragraph 19; Settlement Agreement and First Amendment remain in full force and effect. No further action by Toll Brothers is necessary. With the exception of the ongoing repair work on the golf course, all site improvements are substantially complete at this time. Sincerel , Toll Broth rs, Inc. Randy Goss Asst. Vice President 000209 Annual Review of Development Agreement No. 95 -1 (Tract No. 4928) Page 4 of 4 From: Randy Goss Sent: Friday, June 09, 2006 1:11 PM To: Joseph Fiss Cc: Laura Stringer Subject: Re: Annual DA Update The Current Proiect Status is as follows: • Final maps have been recorded for the entire development. • A cumulative total of 182 building permits and 3 conditional permits (for the model homes) out of 216 total lots,4 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 with all common area landscape facilities completed, and final street repairs are complete along with final paving. • Phase 3; out of 121 lots, 72 homes have closed escrow, and an additional 21 homes are in various stages of construction. There are 9 homes sold but not started, with all 9 of these homes to be permitted within the next few weeks. Only 5 lots are presently left for sale, and when they are sold out the sales program will be suspended until the lots from the Husted and Mazur properties are ready for sale (anticipated for Feb. '07). • 2 of 3 golf course restrooms are under construction, with the 3rd to be started as soon as permit is obtained (hopefully within the month of June). Full completion is anticipated for the end of summer. • Toll Brothers has obtained the necessary permits from the City of Moorpark to repair the structural damage to golf course slopes. An agreement has been executed and recorded between Toll and J. Won Corp. which allows Toll the necessary access to complete the repairs. The remediation work should commence within 1 -2 weeks, and completion is anticipated by the end of summer. • Randy Goss Asst. Vice President 6/9/2006 000210