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MOORPARK CITY COUNCIL--
AGENDA REPORT
TO: The Honorable City Council
FROM: Wayne Loftus, Director of Community Development„'
Prepared By Hugh Riley, Assistant City Manager
DATE: September 6, 2001 (CC Meeting of 9/19/2001)
SUBJECT: Consider Report of Annual Review of Development
Agreement with Special Devices, Incorporated (SDI)
in Accordance with Section 15.40.150 of The Moorpark
Municipal Code.
BACKGROUND
Government Code Section 65864 and Section 15.40.150 of the
Municipal Code provides for Development Agreements between the
City and property owners in connection with proposed plans for
development of specific properties. Development Agreements are
designed to strengthen the planning process and to assure
development in accordance with terms and conditions of the
agreement. The Municipal Code also requires the Developer to
file an application with the Director of Community Development
requesting the annual review of the Agreement. The last review
was completed October 1, 1998.
Cn August 21, 1996, the City Council adopted Resolution No.
96 -1222 approving General Plan Amendment No. 95 -1, Vesting
Tentative Tract Map No. 5004, and Industrial Planned
Development Permit No. 95 -2. On August 28, 1996, the
Development Agreement between the City of Moorpark (the
"City ") and Special Devices, Incorporated ( "SDI" or the
"Developer ") was executed.
Development Agreement Annual Review (SDI)
September 19, 2001
Page 2
DISCUSSION:
Project Status
The following is a Status Update of the items that remain to
be completed:
• Transfer of Lots 4 and D: The Grant Deed for these lots was
executed and accepted by the City Council on September 5,
2001. The City's acceptance of the dedication of the
property was contingent upon the removal of the City as a
participating owner in the Business Park Owner's
Association so that the City would not be subject to the
Declaration of Conditions Covenants and Restrictions
(CC &Rs) governing the park. The park owners, SDI and New
L.A. Associates LLC, executed an amendment to the CC &Rs to
eliminate Lots 4 and D from compliance with the CC &Rs. Lots
4 and D (refer to map) are the lots to be conveyed to the
City.
Bankers Trust Company has a lien on Lots 4 and D, in
addition to other properties in the project. A Partial
Release of Lien executed by Bankers Trust Company,
releasing the lien will be recorded along with the
amendment to the CC &Rs. Once these documents are recorded,
this item will be complete.
• Correction of Tract Map 5004: An Amended Tract Map has been
prepared to correct certain errors on the original map. The
Amended Tract Map requested by the City Engineer was
submitted by South Bay Engineering on September 4, 2001.
The corrected map will be presented to the City Council for
approval on September 19, 2001. Once the map has been
approved and recorded and the Grant Deed recorded, this
item will be complete.
• Reforestation of Caltrans right of way "Gateway to
Moorpark ": SDI and the City have agreed upon a proposed
plan for reforestation of the intersection of New Los
Angeles Avenue and SR 23. A meeting was held with Caltrans
on August 2, 2001, at which time, Caltrans requested a
reduction in the density approach of landscaping for the
reforestation effort. SDI has prepared the revised plans
and submitted them to the City for review. The plans are
awaiting review by the City's newly retained Landscape
Development Agreement Annual Review (SDI)
September 19, 2001
Page 3
Consultant. Installation of landscape materials consistent
with the final approved landscape plan and execution of a
three party ( City, Caltrans, SDI) Landscape Maintenance
Agreement will complete this item.
• Outstanding Engineering Items. City Inspector Bob Wilemon
conducted an inspection of the Property on June 8, 2001,
and a follow up inspection was conducted on August 8, 2001.
The outstanding item from this inspection is the Permanent
Drainage Solution for the lower portion of White Sage Road.
In discussions with the City's Landscape Architect, SDI was
advised that the permanent drainage solution for the lower
portion of White Sage Road should comport with the approved
final grading and landscape plans for the project.
Accordingly, SDI engaged Plough Boy Landscaping to
implement the approved solution. This work was completed
on August 24, 2001 and is awaiting final inspection by the
City's new Landscape Consultant.
Developer Compliance with Terms of Agreement
Special Devices Incorporated's development responsibilities
are included in Section 6 of the Development Agreement and
include 14 specific requirements as listed below, along with
the status of each:
1. The terms and conditions for the payments required by
Subdivisions (1) and (m) Section 6 shall be those contained in
a promissory note. SDI has executed the Promissory Note and
Deed of Trust which have been recorded. Reported complete in
the 1998 Development Agreement Annual Report.
2 Grant a conservation easement to retain Lot A of VTTM No.
5004 in a predominantly open space condition consistent with
Civil Code Section 815. The conservation easement shall be
recorded concurrently with the recordation of the final
subdivision map for VTTM No. 5004, execution of the early
grading agreement by the City Manager, or recordation of this
Agreement, whichever occurs first. Completed.
3. Payment of all outstanding City processing and
environmental impact report costs related to VTTM No. 5004,
IPD No. 95 -2, GPA 95 -1, and Zone Change No. 95 -3 and for
preparation of this Agreement. Reported complete in the 1998
Development Agreement Annual Report.
Development Agreement Annual Review (SDI)
September 19, 2001
Page 4
4. Process an application for annexation of the approximate
56.84 acres of Lot A of VTTM No. 5004, which acreage is
currently not in the City, to the City, so that a LAFCO
decision is rendered prior to October 1, 1997. Reported
complete in the 1998 Development Agreement Annual Report.
S. Provide an irrevocable offer of dedication_ to City for
public street purposes of that portion of Lot 3 of VTTM No.
5004 containing the private road prior to approval of the
final map for VTTM No. 5004. Completed.
6. Annex all of the property within VTTM No. 5004 that is
within the City to Ventura County Waterworks District No. 1
(the "District ") prior to occupancy of the First building
within the Project or approval of the final map for VTTM No.
5004, whichever occurs first. Reported complete in the 1998
Development Agreement Annual Report via the annexation of the
property.
7. Agrees to not oppose creation of a Redevelopment Project
Area (as defined by applicable State law) encompassing any
part of the property provided that the Project Area is
consistent with the rights of Developer under this Agreement.
To date SDI has complied with this condition; no Redevelopment
Project Area has been proposed.
8. Agrees to dedicate Lot 4 and Lot D, as described in
Condition No. 16 of VTTM No. 5004, in fee simple interest to
City concurrently with the recordation of the final map for
VTTM Map No. 5004. These lots are to be used for public
benefit as determined by City in its sole discretion.
Complete. See above.
9. Agrees not to request any concession, waiver,
modification or reduction of any fee, regulation, requirement,
policy or standard condition for development of Lots 1 and 2
of VTTM No. 5004, and further agrees to pay all fees imposed
by City for future buildings, so long as said fees are also
imposed in a similar manner on similar projects. To date SDI
has complied with this condition.
10. Modification to Caltrans
Property and signalization of
Angeles Avenue. Completed.
rights -of -way adjacent to the
SR 23 interchange with New Los
Development Agreement Annual Review (SDI)
September 19, 2001
Page 5
11. Maximum building square footage for Lot 1 of VTTM No.
5004 shall not exceed 132,183 and for Lot 2 of VTTM No. 5004
shall not exceed 37,200, and limitations to conditionally
permitted uses of Lots 1 and 2. To date SDI has complied with
this condition; no development of other lots has been
proposed.
12. Payment to the City in accordance with the provisions of
the agreement must occur if, for any reason, Developer does not
employ the number of full -time employees at the project
facilities required by the agreement described in IPD No. 95 -2.
Beginning with the initial occupancy date of March 1, 1999 the
full -time employment count for SDI is:
DATE
Actual FT
Minimum FT
Employment
Employment
March
1,
1999
150
N/A
[July
1,
1999
645
_N/A1
March
1,
2000
687
375
March
1,
2001
682
300
March
1,
2002
TBD
375
SDI has advised the City that, due to industry conditions
worldwide the company has been forced to reduce prices for its
automotive products including those manufactured in Moorpark, in
order to remain competitive. In addition to cutting costs for
materials and scrap and the introduction of automated molding
equipment, the full -time employment level will be reduced to 520
as of mid - October, 2001. Of these, 125 are employed in SDI's
Aerospace Division that was recently sold to Pacific Scientific.
Pacific Scientific is presently leasing space at the SDI
facility, however tentative plans have been made to move these
employees to another facility in the near future.
If the employee relocation from this location takes place the
full -time employment level will be reduced to 395. If this number
of employees continues through March 1, 2002, although the
Minimum FT Employment level set forth above would be met, because
the initial number of full time employees was less than 490, the
payment provisions in Section 6(1) of the Development Agreement
would be in effect and a payment of $26,640 would be due the City
within sixty days after March 1, 2002. SDI has voluntarily
provided access to employment records during this review.
Development Agreement Annual Review (SDI)
September. 19, 2001
Page 6
13. Build the Project described in IPD No. 95 -2 and any City
approved Minor Modification thereto and relocate the Los
Angeles County operations of Special Devices, Incorporated to
the Project facilities within three (3) years after the
effective date of the Agreement or pay City the sum of Four
Hundred Ninety -Two Thousand, Three Hundred and Fifty -One
Dollars ($492,351.00) plus Seventy -Five Thousand Dollars
($75,000.00) per year for four (4) consecutive years. SDI has
complied with this condition through occupying the property
within the time frame originally contemplated. Thus, no
additional fees are payable pursuant to this provision.
14. Pay for City costs at the applicable rate then in effect
for review and plan check monitoring and inspection of work
performed by consultants retained by Developer and City
pursuant to the agreement. SDI continues to make all payments
as required for plan check and inspection.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include 16 specific provisions as summarized
below.
1. The Property shall be exempt from the provisions of
Chapter 17.38 (Hillside Management) of the Moorpark Municipal
Code.
2. The Property shall be exempt from any growth management
ordinance that is adopted by the City Council or by initiative
of the electorate.
3. Acquire, at the request of the Developer and at
Developer's sole cost and expense, easements or fee title to
land in which Developer does not have title or interest in
order to allow construction of public improvements required of
Developer.
4. City shall use its best efforts to process plan checking
and Early Grading Agreement for the Project in an expedited
manner.
5. Approve an Early Grading Agreement on behalf of City to
allow rough grading of the Project prior to City Council
approval of the final map for VTTM No. 5004.
Development Agreement Annual Review (SDI)
September 19, 2001
Page 7
6. Defer payment by the developer of applicable fees for the
Los Angeles Avenue Area of Contribution (the "AOC fees ") until
the time of issuance of a Zone Clearance for the first
building permit for the Project or approval of the final map
for VTTM No. 5004, whichever occurs first.
7. Defer payment by the Developer of the Citywide Traffic
Mitigation Fee until the time of issuance of a Gone Clearance
for the first building permit for each lot within the
boundaries of the Property.
B. Defer payment of fees except as otherwise provided in
this Agreement, other than fees for play. checking, permits,
processing and other services controlled by City until the
time of issuance of a Zone Clearance for the first building
permit for each lot within the boundaries of the Property,
unless the fee is otherwise due at a later time.
9. Upon the effective date of the Agreement, the period
required for use inauguration of IPD No. 95 -2 shall be
extended from one (1) year to three ( 3 ) years.
10. Accept Lots 4 and D as satisfaction of the requirements
imposed by Condition No. 61 of VTTM No. 5004 and Condition No.
88 of IPD 95 -2.
11. Exempt the Project from the Art in Public Places fee.
12. Exempt the Property from the landscape fee of five cents
($.05) per square foot for the Properly given the large
percentage of the site retained in natural open space.
13. Agree that the contribution requirements of Condition No.
127 of VTTM No. 5004 shall be satisfied upon completion of
installation of the two traffic signals at the SR 23 /New Los
Angeles interchange to the satisfaction of City.
14. Agree not to require Developer to remove noxious plants
from the Arroyo Simi.
15. Agree that, in implementation of Condition No. 26 of VTTM
No. 5004, the City Engineer and Director of Community
Development may jointly approve elevation changes, not to
Development Agreement Annual Review (SDI)
September 19, 2001
Page 8
exceed five (5) feet, for the purpose of providing contour
grading of the ridgeline.
16. Agree that, in implementation_ of the condition of VTTM
No. 5004 and IPD No. 95 -2 relating to an Environmental Quality
Assurance Program, Habitat Restoration Plan, Oak Woodland
Restoration and Reforestation Plan and other conditions
outlined in the section, work required to be performed by the
City Engineer, the City Attorney, City's designated geologist,
City's designated geotechnical engineer, and public agencies
not under the jurisdiction of City shall not be deemed
consultants for purposes of this subsection.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application, the current status of the project and recent
intensified efforts by the developer to comply with all
outstanding items, the Director of Community Development has
determined, on the basis of substantial evidence, that SDI
has, to date complied in good faith with the terms and
conditions of the agreement.
STAFF RECOMMENDATION
1. Accept the Director of Community Development's Report and
recommendation that, on the basis cf substantial evidence, SDI
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) Amended VTTM 5004
3) Narrative from SDI
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N 05'41'02" w
N 05'4102' W
N 1018'35' E
S 7670'15' w
S. 222706' w
5 04V5'OB' W
N T015'3r W
N 855709' w
S 3516,18' w
DS 265P54' W
S
4O'28`20' _W
5 0517217 w
s 7o59'sr w
s 8908'02' w
N 6953'28' w
= N 86V9'38' w
S 5856'59' w
S 7471'08' E
T S 5425'47' E
' 1Z' S 1933'or w
S 3954'23' E
N 874x22' E
N 7111156' E
N S 21.4574' E
s 6270'00 w
N TT71'02' E
N 7r3109' E
�.
N 76,3/'09' E
• N 76,31'09' E
I ` N 7114.19' W
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30' EASEMENT OF STATE OF CALIFOR
DIVISION OF HIGHWAYS FOR SLOPE P
PER DOC. REC, MAY 22. 1969 IN SK
PG. 234 O.R. SEE DETAIL 'A' SNT. 6
LEGEND
m OLD BOUNDARY LINE OF LOT D
CURVE DATA
N0.
Q I
L
R
0
13 VCS 1
G�
4
129.06'
9 4
CP
s
67.49'
66.00'
(TZ
3
19'43'38'
39.94'
116.00'
IPA
4
OA
NOTE
ACCESS EASEMENT TO ALL GD%ERNMEN7 AGENCIES
PROVIDING FOR PUBLIC SAFETY. HEALTH AND WELFARE
'AO
G
EVER ALL PRIVATE STREETS, DRIVEWAYS AND LOTS
6
1456'26'
W
CURVE DATA
N0.
Q I
L
R
T
1
755x1T I
171.01'
129.06'
100.70'
2
75-5717
67.49'
66.00'
51.52'
3
19'43'38'
39.94'
116.00'
20.17
4
1651'47'
34.14'
11800'
17.19'
6
1456'26'
54.49'
209.00'
27.40'
e
367625'
114.31'
179.DO'
1 59.16'
7
106V542'
270.26'
148.00'
193.9r
9
0917`14'
10212'
630.00'
51.17
9
091714'
9239'
570.00'
46.30'
3455'25'
795.05'
320.00'
106.66'
11
3454'54'
79.22'
130.00'
40.86'
2
3455'25'
231.62'
780.00
119-54'
3454.54'
42.66'
70.00'
2201'
4
2629'42'
66.12'
130.00'
30.60'
2629 '42'
3237
70.00'
18.48'
a
36 15.20
74.08'
116.00'
36.33'
7
4410.01'
328.39'
426.00'
172.84
11'46'36'
310.61'
426.00'
16257
QQ OF 15' EASEMENT OF MOORPARN
CO. SAMTATKIN DISTRICT FOR SEWER
PIPELINE PURPOSES PER DEED REC
NOV. 24, 1967 IN SK. 3227, PC. 428,
OR SEE DETAIL 'A' SHT. 6
S'89251351E
LOT 4
10.00 ACRES
OPEN SPACE
p -870.0
1
HUM AT6wro sw -�
LOT B
R.7 95 ACPJ'S
. L- 1650.00'
6
4 LOT C
_ 16.25 ACRF5 _,6
LOT 3
40.88 ACRES
&.ess6.3r �
N 7179'33' E
1- 839.00' 4.39' (RADIAL)
5373A
N7Y'SO ��'F. 535
LOT 8 DETAIL OF LOT D
DETAIL OF &.9044'47
R- 669.00'
L- 1009.58'
DETAL 'A'
NOT TO SCALE
ESMT TO V'CFD FOR FIRE
DEPARTMENT ACCESS
345890'
YS' /W an OF MOORPARK
UNINCORPORATED VENTURA COUNTY
150' 0 150' 300' 45W 800'
SCALE: 1' - 300'
8
LOT A
148.71 ACRES
OPM SPAM
EASEMENTS OF CALLEGUAS MUMCIPAL WATER .
DISTRICT FOR WATER CONDUIT PURPOSES PER
Dm REC. APRIL 11, 1983 AS INST. NO 035427
SEE DETAIL 'B' ON SHEET 6
AMENDED MAP OF
TRACT MAP NO. 5004
CITY OF MOORPARK
COUNTY OF VENTURA, STATE OF CALIFORNIA
BEING A PORTION OF TRACT 'M' OF THE RANCHO SIMI, AS PER MAP RE- ENTIT'
'MAP OF THE LANDS OF RANCHO SIMI', BEING SUBDIVISION MAP NO. 2 OF LAN
OF THE SIMI LAND AND WATER COMPANY, MADE 1887 AND 1BBB BY STOW AND
POWERS, SURVEYORS, RECORDED IN BOOK 3, PAGE 7 OF MAPS. IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
AUGUST, 1997
AMENDED MAP PREPARED BY:
SOUTH BAY ENGINEERING do CONSULTING
304 TEJON PLACE
PALOS VERDES ESTATES, CA 90274
(310) 375 -2556
JULY, 2001
SHEET 4 OF 6 SHEE'
TO: Director of Community Development
City of Moorpark
FROM: Special Devices, Incorporated
DATE: August 10, 2001
SUBJECT: APPLICATION OF SPECIAL DEVICES, INCORPORATED FOR
ANNUAL REVIEW OF DEVELOPMENT AGREEMENT IN
ACCORDANCE WITH SECTION 15.40.150 OF THE MUNICIPAL
CODE
BACKGROUND
On August 21, 1996, the City Council adopted Resolution No. 96 -1222 approving
General Plan Amendment No. 95 -1, Vesting Tentative Tract Map No. 5004, and
Industrial Planned Development Permit No. 95 -2 and on August 28, 1996, the
Development Agreement between the City of Moorpark (the "City ") and Special
Devices, Incorporated ( "SDI" or the "Developer ") was executed.
SDI has requested review of the Development Agreement. The last review was
completed October 1, 1998.
DISCUSSION
Section 15.40.150 of the Municipal Code requires the Developer to file an application
with the Director of Community Development requesting the annual review of the
Agreement specified by the Municipal Code. The following information contained
within this report will serve as a summary of the actions contained within the
Development Agreement from August 28, 1996 to present.
DEVELOPMENT AGREEMENT REVIEW
In order to maintain compliance with provisions of the Development Agreement SDI
requests the Development Agreement as provided for below be reviewed in
accordance with Ordinance No. 59 of City or any successor thereof then in effect.
1. to 4. N /A.
5. Vesting of Developing Rights.
(a) All construction on the Property shall adhere to the Uniform Building
Code, including the Fire Resistive Design Manual, National Electrical Code, Uniform
Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code
for the Abatement of Dangerous Buildings, Uniform Code for Building Conservation
and Uniform Administrative Code (the 'Building Codes ") most recently adopted by
City and in effect at the time a plan check or permit is required.
ATTACHMENT 3
All building and construction has proceeded under review of the City Engineering
and Planning sections to confirm continuing adherence to this condition.
(b) The portion of the Property that is subject to IPD No. 95 -2 shall be
developed in accordance therewith and with VTTM No. 5004, the Mitigation
Monitoring Program and this Agreement. Any item not otherwise addressed in said
permit, map or program or this Agreement shall be governed by the applicable
provisions of the Moorpark Municipal Code or other City ordinance, rule, regulation,
or policy as most recently adopted by City and in effect at the time that Developer's
submittal is received by City.
Any minor modification to, or time extension of, IPD No. 95 -2 and any time extension
of VTTM No. 5004 shall be on the basis of the ordinances rules, regulations, and
policies as most recently adopted by City and in effect at the time the request for the
minor modification or extension is received by City.
The following shall be prepared consistent with the ordinances, rules, regulations,
and policies as most recently adopted by City or other applicable agency and in
effect at the time they are submitted to City for review and approval:
Erosion and Sediment Control Plan (Condition Nos. 97, 99 and 100 of VTTM
No. 5004);
Master Drainage and Flood Control Improvement Plan ( "FCIP ") (Condition
No. 104 of VTTM No. 5004); and
Bank Protection Plan ( "BPP ") (Condition No. 105 of VTTM No. 5004 and
Condition No. 107 of IPD No. 95 -2).
Reported Completed — See City of Moorpark Agenda Report dated October 9, 1998
(City Council meeting of October 21, 1998 (hereinafter "1998 Report").
(c) All developable portions of the Property not subject to IPD No. 95 -2
shall be developed in accordance with VTTM No. 5004, the Mitigation Monitoring
Program, this Agreement and the applicable provisions of the Moorpark Municipal
Code or other City ordinance, rule, regulation, or policy as most recently adopted by
City and in effect at the time that Developer's submittal is received by City. This
subsection does not limit the provisions of subsection (a) of Section 3 relative to the
permitted and conditionally permitted uses of the Property.
All building and construction has proceeded in accordance with VTTM No. 5004, the
Mitigation Monitoring Program, the Agreement, applicable City Codes, rules and
policies.
6. Developer Agreements.
(a) The terms and conditions for the payments required by subdivisions (1)
and (m) of this Section shall be those contained in a promissory note in the form of
-2-
Exhibit B (the "Promissory Note "), which shall be secured by a deed of trust and rider
to deed of trust in the form of Exhibit C (the "Deed of Trust "), both of which are
attached to this Agreement and by this reference are incorporated herein.
Developer shall execute the Promissory Note and the Deed of Trust and shall cause
the Deed of Trust to be recorded within seven (7) days after it takes fee title to the
Property.
Developer acknowledges that City may, at its option, record a request for
notice under Civil Code Section 2924b in accordance with the provisions thereof.
Reported Completed — See the 1998 Report.
(b) Developer shall grant, in a form acceptable to City, a conservation
easement to retain Lot A of VTTM No. 5004 in a predominantly open space condition
consistent with Civil Code Section 815, et seq., except for the following purposes:
temporary construction (including temporary pumping needed for dewatering as part
of any approved grading operations for VTTM No. 5004 and IPD No. 95 -2),
landscape maintenance of manufactured slope areas, vegetation clearance within
two hundred (200) feet of any structure for fire hazard reduction, revegetation and
biological habitat enhancement required by City consistent with the Mitigation
Monitoring Program, drainage conveyance, and emergency access from Lot 3 of
VTTM No. 5004 to State Route ( "SR ") 23 /New Los Angeles Avenue entrance /exit
ramps and roads at the sole discretion of the City Council. No excavation, drilling,
extraction, pumping (excluding such pumping as may be needed for dewatering as
part of approved grading operations), mining, or similar activity shall be allowed in
any portion of the Property zoned Open Space. The limitations and exclusions
described in this subsection shall be included in the conservation easement. The
foregoing does not restrict the extraction of subsurface mineral resources by drilling
from off the Property so long as the drilling apparatus and equipment are screened
from view from all points within the City. Further, if the drilling site is not within the
City, Developer agrees that before proceeding with any drilling it shall secure a use
permit from the City which may include conditions ordinarily placed upon drilling
operations. Further, noise impacts from the drilling shall meet the same noise
standards as placed on IPD 95 -2 and there shall be no visible evidence or impacts
on the ground surface of Lot A.
The conservation easement shall be recorded concurrently with the
recordation of the final subdivision map for VTTM No. 5004, execution of the early
grading agreement by the City Manager, or recordation of this Agreement, whichever
occurs first.
Completed. See Tract Map No. 5004.
(c) On or before the effective date of this Agreement, Developer shall pay
all outstanding City processing and environmental impact report costs related to
VTTM No. 5004, IPD No. 95 -2, GPA 95 -1, and Zone Change No. 95 -3 and for
preparation of this Agreement.
-3-
Reported completed — See the 1998 Report.
(d) Developer shall diligently process, at its sole cost and expense, an
application for annexation of the approximate 56.84 acres of Lot A of VTTM No.
5004, which acreage is currently not in the City, to the City, so that a LAFCO
decision is rendered prior to October 1, 1997. The completed application shall be
submitted to City and LAFCO within six (6) months after approval of this Agreement.
Reported completed — See the 1998 Report.
(e) Developer shall make an irrevocable offer of dedication to City for
public street purposes of that portion of Lot 3 of VTTM No. 5004 containing the
private road prior to approval of the final map for VTTM No. 5004. Said private road
shall be built to City standards for an industrial collector street, except that the width
of the street and the sidewalk requirements shall conform to the requirements of the
conditions of approval of VTTM No. 5004 and IPD No. 95 -2. Concurrently with the
aforementioned offer of dedication, Developer shall make an irrevocable offer of
dedication to City of (i) the area between the right -of -way of the private road and the
sight distance lines at the offramp intersection and (ii) slope easements for road
maintenance purposes along the private road where the top of cut plus 5 feet or the
toe of fill plus 5 feet is beyond the area offered for dedication of right -of -way for
public street purposes. Said slope easements shall include the area covered by the
cut slope plus 5 feet and fill slope plus 5 feet.
Completed. See Tract Map No. 5004.
(f) Developer shall annex all of the property within VTTM No. 5004 that is
within the City to Ventura County Waterworks District No. 1 (the "District ") prior to
occupancy of the first building within the Project or approval of the final map for
VTTM No. 5004, whichever occurs first. Developer shall annex the approximate
56.84 acres of Lot A of VTTM No. 5004 that is not within the City to the District only if
such annexation occurs concurrently with the annexation of said property to the City.
In the event that LAFCO denies annexation of the approximate 56.84 acres to the
City, Developer shall withdraw its consent to the annexation of said acres to the
District and shall take all other actions reasonably necessary to prevent the
annexation to the District.
Reported completed — See the 1998 Report. This has been completed through the
annexation of the property.
(g) Developer agrees to not oppose creation of a redevelopment project
area (as defined by applicable State law) encompassing any part of the Property
provided that the project area is consistent with the rights of Developer under this
Agreement.
To date SDI has complied with this condition.
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(h) Developer agrees to dedicate Lot 4 and Lot D, as described in
Condition No. 16 of VTTM No. 5004, in fee simple interest to City concurrently with
the recordation of the final map for VTTM Map No. 5004. These lots are to be used
for public benefit as determined by City in its sole discretion.
SDI has delivered the Grant Deed contemplated by this condition to the Acting
City Attorney.
(i) Developer agrees not to request any concession, waiver, modification
or reduction of any fee, regulation, requirement, policy or standard condition for
development of Lots 1 and 2 of VTTM No. 5004, and further agrees to pay all fees
imposed by City for future buildings, so long as said fees are also imposed in a
similar manner on similar projects.
To date SDI has complied with this condition.
(j) Developer agrees that the modification to Caltrans rights -of -way
adjacent to the Property, including but not limited to reconfiguration of certain
freeway entrance /exit ramps (SR 23 interchanges) and signalization of SR 23
interchanges with New Los Angeles Avenue, shall be completed within twelve (12)
months of the first occupancy of a building on the Property and that the bid award for
construction shall occur prior to first occupancy.
Completed.
(k) Developer agrees that the maximum building square footage for Lot 1
of VTTM No. 5004 shall not exceed 132,183 and for Lot 2 of VTTM No. 5004 shall
not exceed 37,200, and further agrees that the permitted and conditionally permitted
uses of Lots 1 and 2 shall be limited to (i) shopping centers, (ii) hotels and motels,
(iii) bars, taverns and night clubs but only in conjunction with a hotel or motel use,
(iv) conference centers and convention centers, (v) hospitals, (vi) retail pharmacies
for prescription pharmaceutical only, (vii) restaurants, cafes and cafeterias,
(viii) retail trades, only within a building and (ix) motor vehicle, mobile home,
recreational vehicle and boat dealers and for Lot 2 only, automobile service station
including a mini mart.
To date SDI has complied with this condition.
(1) Developer agrees to pay City in accordance with the provisions of this
subsection if, for any reason, Developer does not employ the number of full -time
employees required by this subsection at the Project facilities described in IPD No.
95 -2.
The number of full -time employees employed at the Project facilities on the
date of initial occupancy is hereinafter referred to as the Initial Number. Initial
occupancy shall mean the last day of the month in which the first certificate of
occupancy for the Project facilities is issued plus sixty (60) calendar days. As of the
first anniversary of the initial occupancy, the number of full -time employees
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employed at the Project facilities shall be not less than the Initial Number plus the
First Year Number. The "First Year Number" shall mean the Initial Number plus
seventy -five, provided that if the Initial Number is reduced during the first year by the
attrition of employees who were employed full -time at the Project facilities at initial
occupancy ( "original employees ") and their positions are refilled by the hiring of new
full -time employees prior to the first anniversary of the Project facilities ( "new
employees "), the 75 shall be reduced by the number of new employees (e.g., if there
were 490 full -time employees at initial occupancy and 30 new full -time employees
were hired prior to the first anniversary of the Project facilities to replace 30 of the
original full -time employees, the First Year Number is 490 plus 75 minus 30 for a
total of 535 full -time employees). As of the second anniversary of the initial
occupancy, the number of full -time employees employed at the Project facilities shall
not be less than the First Year Number plus 75 (the "Second Year Number "). As of
the third anniversary of the initial occupancy, the number of full -time employees
employed at the Project facilities shall be not less than the First Year Number plus
150 (the "Third Year Number"). Each of the three (3) years that the minimum
number of full -time employees specified above are not employed at the Project
facilities, Developer shall pay City the sum of Twenty -Five Thousand Dollars
($25,000.00) within sixty (60) days after the applicable anniversary date of the
Project facilities.
In the event that the Initial Number is less than 490, the Third Year Number
shall be increased by the difference between the Initial Number and 490 (the
"Additional Number ") up to a cap of 100 (e.g., if the Initial Number is 380 then using
the example from above the First Year Number is 425 (380 plus 75 minus 30) and so
the Third Year Number of 575 (425 plus 150) shall be increased by the Additional
Number of 100 for a total of 675 full -time employees). Within sixty (60) days after
the third anniversary of the Project facilities, Developer shall pay City Three Hundred
Thirty -Three Dollars ($333) for each of the Additional Number of full -time employees
that are not employed at the Project facilities as of the third anniversary thereof (e.g.,
using the example from above, Developer shall pay City $33,300 ($333 times 100).
Upon City's request, Developer shall provide City with access, during normal
business hours and at the Project facilities, to payroll and related records necessary
to determine if Developer is in compliance with the full -time employee requirements
of this subsection and subsection (m) of this Section.
In the event one or more payments are made by Developer pursuant to
subsection (m) of this Section, then the provisions of this subsection shall not apply.
Developer shall not be in material breach of this subsection unless it fails to make
timely payment of any payment due pursuant to this subsection.
To date SDI has complied with this condition.
(m) Developer agrees that if, for any reason, it does not build the Project
described in IPD No. 95 -2 and any City approved minor modification thereto and
relocate the Los Angeles County operations of Special Devices, Incorporated to the
Project facilities within three (3) years after the effective date of this Agreement,
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Developer shall pay City the sum of Four Hundred Ninety -Two Thousand, Three
Hundred and Fifty -One Dollars ($492,351.00) plus Seventy -Five Thousand Dollars
($75,000.00) per year for four (4) consecutive years.
Completed. SDI has complied with this condition through occupying the
property within the time frame originally contemplated. Thus, no additional
fees are payable pursuant to subsection (m).
(n) Developer agrees to pay for City costs at the applicable rate then in
effect for review and plan check monitoring and inspection of work performed by
consultants retained by Developer and City pursuant to subsection (p) of Section 7
hereof.
SDI continues to make all payments as required for plan check and inspection.
7. City Agreements.
(a) The Property shall be exempt from the provisions of Chapter 17.38
(Hillside Management) of the Moorpark Municipal Code.
(b) The Property shall be exempt from any growth management ordinance
that is adopted by the City Council or by initiative of the electorate.
(c) If requested in writing by Developer and limited to City's legal
authority, City shall proceed to acquire, at Developer's sole cost and expense,
easements or fee title to land in which Developer does not have title or interest in
order to allow construction of public improvements required of Developer. The
process shall generally follow Government Code Sectin 66457, et seq., and shall
include the obligation of Developer to enter into an agreement with City, guaranteed
by cash deposits and other security as the City may require, to pay all City costs,
including but not limited to, acquisition of the interest, attorney fees, appraisal fees,
engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of-
pocket costs and City staff costs.
(d) City shall use its best efforts to process plan checking and early
grading agreement for the Project in an expedited manner.
(e) The City Manager is authorized to sign an early grading agreement on
behalf of City to allow rough grading of the Project prior to City Council approval of
the final map for VTTM No. 5004. Said early grading agreement shall be consistent
with the conditions of the Entitlements and contingent on City Engineer and Director
of Community Development acceptance of a Performance Bond in a form and
amount satisfactory to them to guarantee (i) implementation of the erosion control
plan and completion of the rough grading, (ii) construction of the private street and
secondary access and all related improvements, including landscaping,
(iii) construction of SR 23 interchanges with New Los Angeles Avenue
improvements, including signalization, (iv) construction of water line and sewer line
extensions, (v) construction of all required drainage improvements, and
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f�:' 3.
(vi) implementation and maintenance of habitat restoration as required by the
Mitigation Monitoring Program. In the event that Developer fails to comply with any
provision of the early grading agreement, the City Council may by resolution declare
the surety forfeited; provided, however, the City Council shall not declare any such
forfeiture, unless the City Manager has given Developer ten (10) days prior written
notice of such failure and Developer has failed to cure the failure within the ten -day
period if the failure is capable of cure within such ten -day period or has failed to
commence the cure within the ten -day period and diligently prosecute the same to
completion if the failure is not capable of cure with such ten -day period.
(f) The fees for the Los Angeles Avenue Area of Contribution (the "AOC
fees ") for the Project are set at One Hundred Thirty One Thousand Nine Hundred
and Twelve Dollars ($131,912.00) (8.5 acres at $15,519.00 per acre) for up to One
Hundred Thirty Two Thousand (132,000) square feet of building. The Project AOC
fees shall not be required to be paid by Developer until the time of issuance of a
zone clearance for the first building permit for the Project or approval of the final map
for VTTM No. 5004, whichever occurs first. For any other development of the
developable portions of the Property, the AOC fees shall be the dollar amount in
effect at the time of issuance of a zone clearance for the first building permit for the
development or approval of the final map for any subdivision of the Property
subsequent to the recordation of the final map for VTTM No. 5004, whichever occurs
f rst.
(g) The Citywide Traffic Mitigation Fee shall not be required to be paid by
Developer until the time of issuance of a zone clearance for the first building permit
for each lot within the boundaries of the Property. The fee is fifty cents ($.50) per
square foot of building. The fee shall be adjusted annually (commencing one year
after approval of VTTM No. 5004) by any increase in the Consumer Price Index
( "CPI ") until paid in full. The CPI increase shall be determined by using the
information provided by the U.S. Department of Labor, Bureau of Labor Statistics for
all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made using the month of January of
each year.
(h) Except as otherwise provided in this Agreement, no fees, other than
fees for plan checking, permits, processing and other services controlled by City,
shall be required to be paid by Developer until the time of issuance of a zone
clearance for the first building permit for each lot within the boundaries of the
Property, unless the fee is otherwise due at a later time.
(i) Upon the effective date of this Agreement, the period required for use
inauguration of IPD No. 95 -2 shall be extended from one (1) year to three (3) years.
Q) City agrees to accept Lots 4 and D as satisfaction of the requirements
imposed by Condition No. 61 of VTTM No. 5004 and Condition No. 88 of IPD 95 -2.
(k) The Project shall be exempt from the Art in Public Places fee.
JO � ,
(1) The Property shall be exempt from the landscape fee of five cents
($.05) per square foot for the Property given the large percentage of the site retained
in natural open space.
(m) City agrees that the contribution requirements of Condition No. 127 of
VTTM No. 5004 shall be satisfied upon completion of installation of the two traffic
signals at the SR 23 /New Los Angeles interchange to the satisfaction of City.
(n) City shall not require Developer to remove noxious plants from the
Arroyo Simi.
(o) City agrees that, in implementation of Condition No. 26 of VTTM No.
5004, the City Engineer and Director of Community Development may jointly
approve elevation changes, not to exceed five (5) feet, for the purpose of providing
contour grading of the ridgeline.
(p) City agrees that, in implementation of Condition No. 25 of VTTM No.
5004 and Condition 37 of IPD No. 95 -2 (Environmental Quality Assurance Program),
VTTM Condition 47 and IPD Condition 77 (Habitat Restoration Plan), VTTM
Condition 48 and IPD, Condition 78 (Oak Woodland Restoration and Reforestation
Plan), VTTM Condition 56 and IPD Condition 83 (Mapping and preservation of two
stands of Lyon's Pentachaeta), VTTM Conditions 62 and 63 and IPD Conditions 89
and 90 (Cultural Resource Monitoring Program), VTTM Condition 64 and IPD
Condition 91 (Paleontological Mitigation Plan), VTTM Condition 104 (Master
Drainage and Flood Control Improvement Plan), and VTTM Condition 105 (Bank
Protection Plan), Developer may retain consultants as its independent contractors to
prepare the required work. The consultants shall be as mutually agreed upon by
City and Developer. Work required to be performed by the City Engineer, the City
Attorney, City's designated geologist, City's designated geotechnical engineer, and
public agencies not under the jurisdiction of City shall not be deemed consultants for
purposes of this subsection. City further agrees to work with Developer to ensure
the economical use of consultants. The City Manager is authorized, on behalf of the
City, to approve the consultants and to do so for or other conditions of approval
when, in his sole discretion, such action is consistent with the intent of this section.
When consultants are required to review work on behalf of City, the Developer may
elect to have City retain one consultant under City direction to perform the work. In
the event of such election, City shall not add its usual and ordinary administrative
costs but shall charge Developer for all City staff time spent to administer the
contract and review work. Such costs are in addition to the condition compliance fee
and other related costs.
Section 7 outlines the City affirmative conditions.
8. Supersession of Agreement by Change of Law.
In the event that any state or federal law or regulation enacted after this
Agreement becomes effective prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified or suspended to comply
is
with such state or federal law or regulation, as reasonably determined necessary by
City.
To date no event has precluded compliance with any provisions except wherein
mutual modification has been agreed to.
9. Demonstration of Good Faith Compliance.
In order to ascertain compliance by Developer with provisions of this
Agreement, the Agreement shall be reviewed annually in accordance with Ordinance
59 of City successor thereof then in effect. The failure of City to conduct any such
annual review shall not in any manner constitute a default by City hereunder,
diminish, impede, or abrogate the obligations Developer hereunder or render this
Agreement invalid or void.
This review is intended to comply with this condition.
10. Breach by Developer.
Each of the following events shall be deemed a material breach of
Developer's obligations under this Agreement:
(a) Developer practices, or attempts to practice fraud or deceit upon City.
(b) Developer becomes insolvent or proceedings bankruptcy are instituted
by or against Developer is adjudged bankrupt or insolvent by any court a receiver or
trustee in bankruptcy or a receiver Property is appointed in any suit or proceeding
brought against Developer, or Developer makes an assignment for benefit of
creditors; provided, however, Developer shall be deemed in material breach
pursuant to this subparagraph event the suit or proceeding is dismissed within ninety
days following the date of initiation thereof.
(c) Developer willfully violates any orders or rulings of any regulatory body
having jurisdiction over Developer relative to the Property, provided that Developer
may contest any such orders or rulings by appropriate proceedings conducted in
good faith, in which case no breach of Agreement shall be deemed to have occurred
unless and there is a final adjudication adverse to Developer.
(d) Developer fails to make any payments required this Agreement;
provided, however, Developer shall deem in material breach of this subsection,
unless City gives Developer ten (10) days prior written notice of failure and
Developer has filed to make payment within ten -day period.
(e) Developer materially breaches any of the provisions of the Agreement
and the same is not cured the time set in a written notice of the breach from City to
Developer, provided that if Developer cannot reasonably the breach within the time
set forth in such notice, Developer fails to commence to cure such breach within the
time set forth in such notice and diligently prosecute the cure to completion.
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[To date no material breach by the Developer has occurred.
11. Mortgage Protection.
Whenever City delivers any notice to Developer with respect to any breach by
Developer, City shall at the same time deliver to each holder of record of any deed of
trust on the Property (the "Financier ") a copy of such notice, provided that the
Financier has given prior written notice of its name and address to City and the
notice makes specific reference to this section.
Each Financier that has given prior notice to City pursuant to this section shall
have the right, at its option and insofar as the rights of City are concerned, to cure
any such breach within fifteen (15) days after the receipt of the notice from City. If
such breach cannot be cured within such time period, the Financier shall have such
additional period as may be reasonably required to cure the same, provided that the
Financier delivers written notice to City of its intention to cure and commences the
cure within fifteen (15) days after receipt of the notice from City and thereafter
diligently prosecutes the same to completion. The City shall not terminate this
Agreement by reason of Developer's breach without allowing the Financier to cure
the same as specified herein.
Notwithstanding any cure by Financier, this Agreement shall be binding and
effective against the Financier and any owner of the Property, or any part thereof,
whose title thereto is acquired by foreclosure, trustee sale or otherwise.
To date no material breach by the Developer has occurred requiring enforcement of
this condition.
12. to 30. N /A.
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