HomeMy WebLinkAboutAGENDA REPORT 2001 0718 CC REG ITEM 11FITEM
To: The Honorable City Council ,�
From: Wayne Loftus, Director of Community Development Aoe"-
Prepared by Laura Stringer, Senior Management Analyst
Date: June 27, 2001 (CC Meeting of 7/18/01)
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, 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 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 (until
May 31, 2016), or until the developer has completed the
construction of the project and has paid the Promissory Note in
full, whichever occurs first.
S: \Community Development \Everyone \City Council Agenda Reports\ cc- agrpt.toll.darev.d1.6.27.0l.doc
-'130 8
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
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. The developer has submitted the necessary application
form, related materials, and fee /deposit. The Director of Community
Development has reviewed the submitted information and the project
status and provides the following report.
DISCUSSION:
Current Protect Status
• Grading and golf course improvements are currently under
construction.
• Three model homes are currently under construction.
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.
(a) (1) through (5 )
Payments to the City totaling $5,000,000, on various dates
related to the Golf Course Commencement Date:
A subsequent agreement between the developer and the City
has resulted in a single payment of $3,000,000 by the
developer.
(b) Agreement that the golf course(s) shall be open to the public,
without requirement for membership, and that twelve hours each
week be made available at discount rates for City and school
recreational /educational programs.
(c) Agreement that the clubhouse and related facilities shall be
available to the public for rent, and that the City shall be
granted one free rental each year.
CO 0 0 18 81
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
Page 3
(d) Extension of the reclaimed waterline to serve the medians and
parkways for "C" Street and any other publicly maintained or
common landscape areas.
The developer is in the process of obtaining permits from
the County of Ventura and Union Pacific Railroad, through
Ventura County Waterworks District No. 1 property, to
allow extension of the reclaimed waterline.
(e) Grant an irrevocable offer of easement dedication for the
equestrian trails.
Minor Modification No. 1, approved by the City Council,
relocated this trail to the south side of "C" Street from
the south project property line and requires its
construction as part of the public improvements.
(f) Grant a conservation easement to retain various lots in a
predominantly open space condition except for certain
specified trail, golf course and building pad uses.
The conservation easement must be recorded concurrently
with the recording of specified final map phases.
(g) Grant an irrevocable offer of dedication for Lot 217 (per
Vesting Tentative Map No 4928) to be used for public purposes,
except the portion needed to meet the obligations of the
Mitigation Monitoring Program.
The irrevocable offer of dedication will be made
concurrently with the recording of final map two (2).
(h) Payment of an amount equal to twenty -five cents ($.25) per
square foot of clubhouse building area.
The developer for the golf course clubhouse is preparing
conceptual plans.
(i) Payment of Air Quality Mitigation Fee per the project
Conditions of Approval.
(j) Payment of all outstanding City processing and environmental
impact report costs related to the project.
The project processing account balance is current
o 18 9
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
Page 4
All requirements of the Development Agreement will be considered in
the City's review and approval process for all aspects of the
development; including, but not limited to, subsequent entitlement
requests, public and private improvements, final maps, and building
permits.
The narrative submitted by Toll Brothers (Attachment 3), concerning
the status of conditions in the Development Agreement, includes
Section 4, Proposed Clarifications. In this section, the developer
has asked for clarification of several provisions of the
Development Agreement that are also conditions of various project
entitlements. Clarification of conditions of Development Agreement
provisions should be handled as a separate analysis effort by
staff, not as a part of the annual review of the Development
Agreement. What are proposed as clarifications, may be issues for
Minot or Major Modifications,_which is determined by the Director
of Community Development.
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..
(a) Exempt the project from the provisions of Chapter 17.38
(Hillside Management) of the Moorpark Municipal Code.
(b) Exempt the project from any growth management ordinance that
is adopted.
(c) Proceed to acquire, if requested, and at developer's sole
cost and expense, easements or fee title to land not held by
the developer, but required for construction of required
improvements.
(d) Expedite plan check processing whenever possible.
(e) Authorization for the City Manager to sign an early grading
agreement.
The developer entered into an early grading agreement
with the City in April 2000.
10r
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
Page 5
(f) Agreement that the Los Angeles Avenue Area of Contribution
(AOC) for the residential portion of the project shall not
be required to be paid until time of issuance of Zone
Clearance for the first 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 of three
thousand dollars ($3,000) per unit, for the residential
portion of the project,_ shall not be required to be paid
until time of issuance of Zone Clearance for the first
residential building permit. The Citywide Traffic Mitigation
Fee of one hundred fifty four thousand two hundred twenty
four dollars ($154,224) for the golf course(s) shall be paid
prior to the golf course commencement date.
These fees will be adjusted annually (until paid) using
the Consumer Price Index (CPI) in accordance with the
agreement.
(h) Except for fees in lieu of�park dedication, all "Development
Fees" (not including processing and plan check fees and
deposits) shall not be required until Zone Clearance for the
first building permit, unless due at a later time.
(i) Upon effective date of the Agreement, the City shall allow
the following:
(1) Recordation of the final map in as many as eight (8)
phases.
(2) Provisions for the preservation, relocation, replacement,
and creation of Valley Needle Grassland habitat.
(3) Deletion of language from Condition No. 53 related to
surety for trail construction.
This Condition is no longer applicable, as trail
will be bonded for and constructed as a public
improvement.
000-1-91
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
Page 6
(4) Allow the developer to pay Air Quality Mitigation Fees of
Eight Hundred Eleven Dollars ($811) per dwelling unit
prior to Zone Clearance for building permit rather that
prior to recordation of the final map. Air Quality
Mitigation Fees for the golf course to be paid in three
installments.
(5) Certain streets as identified on the Street Plan, dated
April 17, 1996, shall be allowed to be built as private
streets.
(6) Provisions for specific construction requirements for "C"
Street.
(7) Initiate consideration of a General Plan Amendment
allowing reduced minimum setback from agricultural uses
on the northerly side of the project.
This reduction in setback standard required by the
Land Use Element of the 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 for the
golf course(s) and clubhouse.
(9) Extension of time for inauguration for RPD 94 -1 from one
(1) year to three (3) years.
(10) Extension of time for inauguration for CUP 94 -1 from one
(1) year to three (3) years.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application and the status of the project, the Director of
Community Development 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.
o
Development Agreement Annual Review (Toll Brothers, Inc.)
June 27, 2001
Page 7
STAFF RECOMMENDATIONS:
1. Accept the Director of Community Developments 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.
» 0 (111 9. 13
LOCATION MAP
ATTACHMENT 1
DEVELOPMENT AGREEMENT NO. 95 -1
NARRATIVE REGARDING SATISFACTION OF REQUIREMENTS
Toll CA, L.P., the owner and developer of the property which is the subject of
Development Agreement No. 95 -1, dated April 8, 1996, submits the following narrative,
in conjunction with the current review by the City of Moorpark of the status of
compliance by the developer with the terms of that Agreement.
1. Completed Aspects of Agreement.
a. The Integrated Golf Course Management Plan, the Erosion and
Sediment Control Plan, the Master Drainage and Flood Control Improvement Plan and
the Bank Protection Plan have been approved by the City and any other applicable
agencies. (DA Section 5)
b. The annual payments required to be made to the City have been
prepaid in their entirety by the developer. (DA Sections 6(a)(1), 6(a)(2) and 6(a)(3))
C. An early grading agreement was entered into between the
developer and the City in April 2000, consistent with the conditions of approval of the
project. (DA Section 7(e))
d. All outstanding City processing and environmental impact report
costs related to land use approvals have been paid by the developer. (DA Section 60))
e. A General Plan Amendment allowing a reduced minimum setback
from agricultural uses on the northerly side of the project has been considered but denied
by the City. (DA Section 7(i)(7))
2. Aspects of A _greement in Progress.
a. The developer is in the process of constructing the golf course
portion of the project, and expects to comply with the Golf Course Commencement Date,
as modified by City Council Resolution No. 98 -1508. (DA Section 4)
b. The developer is in the process of constructing three model homes,
and expects to commence construction of production homes by approximately August
2001 and complete construction well within 15 years. (DA Section 4)
C. The developer is carrying out all construction on the property in
accordance with the various Uniform Codes. (DA Section 5)
d. Final Architectural Design Guidelines have been submitted to the
Director of Community Development for approval. (DA Section 5)
U y _ IT
1
Los Angeles 193454v 1 41757 -00002
e. The developer is in the process of obtaining permits from the
County of Ventura and the Union Pacific Railroad. through County Water Works District
No. 1, to allow extension of the reclaimed water line to serve various landscaped areas.
Plans for construction of the reclaimed water line extension have been approved by the
County, and construction will commence as soon as the necessary permits from other
parties have been obtained. (DA Section 6(d))
f. The equestrian trails shown on the subdivision map for Tract No.
4928 are located within the public rights of way for "C" Street and Grimes Canyon Road.
(DA Section 6(e))
g. Conservation easements pertaining to Lots 216 through 225,
inclusive, are being granted to the City by the developer in conjunction with recording of
the final subdivision maps containing the respective lots. (DA Section 6(f))
h. The developer is making an irrevocable offer of dedication to the
City of Lot 217 in connection with recording of Final Map 4928 -2. (DA Section 6(g))
i. Conceptual plans are being prepared by the developer for the golf
course clubhouse. (DA Section 6(h))
j. The AOC fees for Los Angles Avenue and Casey Road /Gabbert
Road have been paid in connection with three model home lots to date. The balance of
the fees will be paid in connection with zone clearances for each of the production lots.
(DA Section 7(f))
k. The Citywide Traffic Mitigation Fee has been paid in connection
with three model home lots to date. The balance of the fees will be paid in connection
with zone clearances for each of the production lots. (DA Section 7(g))
1. The developer and the City are in the process of formulating an
agreement resolving the developer's obligations to pay park in -lieu fees. (DA Section
7(h))
m. The Air Quality Mitigation Fee has been paid in connection with
three model home lots to date. The balance of the fees will be paid in connection with
zoning clearances for each of the production lots. (DA Section 7(1)(4))
n. The developer is preparing to submit final maps for the first four
phases of Tract No_ 4928. (DA Section 7(i))
o. The developer is in the process of receiving direction from the City
regarding preservation of the Valley Needle Grassland habitat within the golf course area.
(DA Section 7(i)(2))
2
Los Angeles 193454v1 41757 -00002
p. Certain streets within the project are being designed by the
developer as private streets, consistent with the standards contained in the Development
Agreement, and subject to Minor Modification No. 1 to Tentative Tract 4928. (DA
Section 7(i)(5))
q. "C" Street has been designed and will be shown on Final Map
4928 -1, in accordance with the specifications contained in the Development Agreement,
and subject to Minor Modification No. 1 to Tentative Tract No. 4928. (DA Section
7(i)(6))
3. Aspects Not In Compliance.
There are no aspects of the Development Agreement with which the
developer is not in good faith compliance at this time. Please note that certain
requirements of the Development Agreement are not required to be addressed by the
developer until later stages of project development. The status of these items will be
reported in connection with future reviews.
4. Proposed Clarifications.
The developer and the City have discussed the need to clarify certain
provisions of the Development Agreement, as follows:
a. Section 4 should be clarified to indicate that there is no
requirement for two separate 18 -hole golf courses, and that construction of a total of 27
golf holes is consistent with the City's expectations. Minor Modification No. 3 to
Vesting Tentative Tract 4928 will reflect that design.
b. Section 6(f) should be clarified to indicate that Lot 217 will be
used solely for a trail staging area and other public open space purposes.
C. Section 6(g) should be clarified to indicate that no portion of Lot
217 is needed to meet any requirements of the Mitigation Monitoring Program.
d. Section 7(i)(2) should be clarified to indicate the final resolution of
the means of mitigation for the Valley Needle Grassland habitat.
3 Cl 0 19 9
Los Angeles 193454v1 41757 -00002