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HomeMy WebLinkAboutAGENDA REPORT 2018 0516 CCSA REG ITEM 10D CITY OF MOORPARK, CALIFORNIA City Council Meeting of May 16, 2018 Item: 10.D. ACTION Approved as amended for Section 7 9 BY M Benson MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager DATE: May 10, 2018 (CC Meeting of 511612018) 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 50 unit 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 179 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 Protect Status To date, 48 units (including model homes) have been completed (occupancy granted) and the 2 final units are under construction and nearing completion 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 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 have been paid for all ($42,750 00) per gross acre of institutional land units Fees must be paid prior to issuance of Zoning Clearance for Building Permit To date, 50 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 have been paid for all ($29,700 00) per acre of institutional land units Fees must be paid prior to issuance of Zoning Clearance for Building Permit To date, 50 permits (including model homes) have been issued 180 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 have been paid for all Dollars ($10,800 00) per gross acre of institutional units Fees must be paid prior to land issuance of Zoning Clearance for Building Permit To date, 50 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 have been paid for all building used for institutional purposes units Fees must be paid prior to issuance of Zoning Clearance for Building Permit To date, 50 permits (including model homes) have been issued 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 to provide a total of twelve (12) affordable housing units, the City free and clear for fulfillment of eight (8) units for Tract 5463 (four (4) low and four (4) the requirement for eight (8) units for very low) and four (4) units per the Development Tract 5463 Toll is not proceeding with Agreement for Tract 5464 (two (2) low and two (2) Tract 5464, 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 016 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 181 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, 1 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 (51") to eighth (8t") 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 have been paid for Community Development Department all units Fees must be paid prior to issuance of Zoning Clearance for Building Permit To date, 50 permits (including model homes) have been issued 6 11 Waiver of any density bonus rights that would Applicant did not request density bonus increase the number of dwelling units approved to be 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 613 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 and have been paid for all units, 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 182 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 617 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 618 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 The County repaired and reopened the amended on June 20, 2007, in the event the County portion of Grimes Canyon Road which does not improve the remaining unimproved portion of was damaged by flood waters Grimes Grimes Canyon Road to the City boundary, then Canyon Road is open to through traffic Developer shall improve both sides of Grimes Canyon via a new bridge constructed by Road to its ultimate right-of-way from Championship Ventura County No further widening by Drive north to the northern City limits except for repair Toll was required and reconstruction of that portion of Grimes Canyon Road which was damaged by flood waters, the developer must improve both sides of Grimes Canyon Road to its ultimate right-of-way from Championship Drive north to the northern City limits, with the same section as the improvements previously made to the portion of Grimes Canyon Road north of Championship Drive in connection with Tract 4928 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 open 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 183 6 24 Prior to the occupancy of the 49th unit Developer shall To date, 50 permits (including model pay City the cost for installing a minimum two (two) homes) have been issued 48 units are inch rubberized asphalt overlay of Championship occupied and the 49th is nearing Drive from Grimes Canyon Road to Walnut Canyonoccupancy The developer has not paid Road I this fee 6 25 Grant a conservation easement to retain various lots I 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) 184 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 311-3 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 ATTACHMENT Site Plan 185 — yob 1 S` C I q !II R , I Nitv. 1 LOT FI 1 1 y 4c \ 1 I C-s 14 sPAD =867 13 25 PAD=855 PAD=833 li 15 26 PAD=856 d 12 PAD=832.5 O PAD-853 I YO 124 w 27 PAD=432 16 1 PAD=833 — PAD-854 OA 0 11 PAD=848 ill. 23 28 ,6. PAD"�0 17 PAD=832 V" PAD=849 LOT B , 22 10 I 3 PAD=828 ^ PAD=844 1 PAD=831 C") 29 ‘ (Oj• �G PAD-e30 040 G' 18 7� "O� � PAD=844win 44 �'V PAD=830 21 PAD=8211 I 9 I P,�7 42 • 19840 g PAD=838 PAD=831 PADs840 1 1 45 OCa PAD-828 O 31 v No PAD=824 PAD=823 / 4 1 41 PAD=826 46 PAD=824 PAQs836 I 32 DIM 1 PAD=820 47 PAD=810 7 / PAD=834 V 40 6 Q7 PAD-MO �•• I / PAD=8225 48 /7----- PAD�28 PAD=804 I 4 I33 PAD=822 PAD=816 • 1 A" 3 I PAD=801 39 PAD=816 LOT E1 PAD=817 49 4 LOT E ' 2/ i :4 PAD=8 03 <GO I PAS13 LOT G v aRENsti4,7 y I STREET • 1 C� Q 35 PAD=810 Ca 36 M1 PAD=806 37 C3 PAD=792 PAD=802 P 38 = , / I I LOT E2 • LOT C Oft LOT J / • 611. 41111111111111111111 um _ LOT I 1 _ 1 \ LOT D / - ‘10) REVISION DATE SUBDIVIDER: OWNER: '\%.) COUNTRY CLUB ESTATES TOLL BROTHERS TOLL BROTHERS C�� a 7142 TREVINO DRIVE MOORPARK, CA 93021 7142 TREVINO DRIVEMOORPARK, CA 93021 AT MOORPARK \/V E S T 0 G ‘ (805) 532-1446 FAX (805) 532-1459 00) ti SITE PLAN 76 O CONTACT: 0 ,N CRAIG MESSI CITY OF MOORPARK COUNTY OF VENTURA STATE OF CALIFORNIA t BEING A PORTION OF LOT 9 OF THE VALLETTE TRACT, IN THE CITY OF 4ENGINEER: ESS1 MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS HAS SHOWN ON A MAP FILED IN BOOK 3, PAGE 41 DF MISC. RECORDS {MAPS), AND AS POR11ON OF SHEET 4t. ,e19 1672 DONLON STREET „00Q.‘G K T, ci % LOT I IN TRACT 4928-3, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, 0' #2.,>, J E N S E N Q - STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 151, PAGES 7 THRU 60' 30' 60' 120' VENTURA, CALIF 93003 c� G 31, INCLUSIVE, OF MISC. RECORDS (MAPS), BOTH IN THE OFFICE OF THE COUNTY DESIGN PHONE 805/654-6977 Na. C 057289 xERECORDER, OF THE COUNTY OF VENTURA, STATE CALIFORNIA. iii I_I I &SURVEY, INC FAX 805/654-6979 „_ www jdscivil cam �, ' 12-31—� SCALE: 1'=60' J.N.: TOL 13655 OF 1 GRAPHIC SCALE: 1"=601 E OF �a►�����`0 J \TOL13655\Exhibits\3655 THE MASTERS SITE dwg May 27, 2008, 8 43am ccook FREDERICK T GIROUX RCE 057289 (EXP 12-31-09) DATE DATE: May 27, 2008 DWG. NAME: 8 0)