About PLOS | Home | Calendar of Events | Pictures and Maps | More Info | Letter Writing

PALOS COLORADOS BACKGROUND:

THE GOLF COURSE IS OUT!

LAFAYETTE FILES SUIT AGAINST MORAGA AND DEVELOPER

On March 15, 2006, Richfield Investments, the new Palos Colorados developer that replaced Richland in late 2005, submitted a new application to the Town of Moraga from which the golf course had been eliminated entirely. Fortunately, Richfield did not attempt to increase the number of homes, but has left them at 123.

Since the withdrawal of the golf course, a dispute has emerged among Lafayette, Moraga and Richfield regarding what to do about the golf course mitigation fund stipulated by the 1999 Settlement Agreement. Under that agreement, $5.00 per round of golf played would have been split between Moraga and Lafayette to mitigate the project’s traffic and open space impacts. This revenue was estimated at approximately $250,000 per year ($125,000 per city). The Settlement Agreement also stated that the per-round fee would increase in proportion to future increases in the cost of a round of golf.

On August 1, the City of Lafayette filed suit against the Town of Moraga and Richfield, primarily over this issue. Lafayette has stated publicly that it has no objection to elimination of the golf course on the condition that an alternative mitigation fund comparable to the golf course fund is created in its place, and that all other terms of the Settlement Agreement are honored. Lafayette’s suit objects to Richfield’s decision to remove the golf course (and Moraga’s finding that this change is not inconsistent with the Settlement Agreement) without first reaching mutual agreement on an alternative form of financial mitigation.

In April, Richfield proposed to create an annuity fund that would generate $250,000/year in interest to be split between Moraga and Lafayette. However, Lafayette has argued that this fund is inadequate because it does not mimic the increase that would have occurred as the cost of a round of golf rose over time. Lafayette is also concerned that the new housing configuration in the revised project violates viewshed protections included in the Settlement Agreement.

For the Town of Moraga, Richfield has offered $14 million up-front to fund a recreational alternative to the golf course (most likely a community center and/or gymnasium).

The golf course was removed under pressure from state and federal natural resource agencies as well as the public due to its significant adverse impacts on water quality, wetlands, and wildlife. Its elimination from the project will allow an additional 100 acres of open space that would have been converted to turf and other golf course uses to remain undisturbed, will cut the grading volume and footprint by more than half, and reduce total daily car trips from the project by 25-30%. Under the golf course plan, approximately 150 large trees would have been cut down; without the golf course that figure is at 15. For more information on the events leading to the removal of the golf course click here.

Preserve Lamorinda Open Space will follow the progress of this lawsuit closely and post any news as it becomes available.