HomeMy WebLinkAboutAGENDA REPORT 2003 0416 CC REG ITEM 10JMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Director t y�i�6171/I
Prepared by Laura Stringer, Senior Management Analyst
S
DATE: March 27, 2003 (CC Meeting of 04/16/03)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in connection with 43.32 Acres of Land
Located West of Gabbert Road, North of the Westerly
Extension of Poindexter Avenue (A -B Properties and
Southern California Edison Company)
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 16, 1998 the Moorpark City Council adopted Ordinance
No. 250 (effective January 15, 1999), approving a Development
Agreement between the City of Moorpark and A -B properties and a
Development Agreement between the City of Moorpark and Southern
California Edison Company. The agreements were approved in
connection with General Plan Amendment (GPA) NO. 97 -2 and Zone
Change (ZC) No. 97 -6, including a proposed thirty -four and one -half
(34.5) acre industrial development (A -B Properties) and
approximately nine (9) acres owned by Southern California Edison.
These properties are located approximately 1,300 feet west of
Gabbert Road, north of the westerly extension of Poindexter Avenue.
Both Development Agreements remain in full force and effect for
twenty (20) years from the operative date of the agreements (until
January 15, 2019).
S: \Community Development \ADMIN \AGMTS \D A \1998 -04 ab \Agenda Reports \cc 030416 agrpt ab- sce.doc
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Honorable City Council
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Provisions of the agreements require annual review and report to
the City Council on the status of completion of all aspects of the
agreements. The developers have submitted the necessary
application forms, related materials, and fees /deposits. The
Community Development Director has reviewed the submitted
information, including the project status and provides the
following report.
DISCUSSION:
Protect Status
• Tentative Tract No. 5147, a seventeen (17) lot subdivision
proposed by A -B Properties, was conditionally approved by the
City Council on March 15, 2000, per Resolution No. 2000 -1714.
The approved tentative tract map includes offsite improvements
for the north -south connector to the future Highway 118 by -pass
(North Hills Parkway), and for the southerly half and easterly
extension of "C" Street to Gabbert Road. The easterly extension
of "C" Street will serve as interim access to the project until
a railroad underpass and linkage to Los Angeles are constructed.
Following completion of this linkage to Los Angeles Avenue, the
"C" Street connection to Gabbert Road will be for emergency
access only. Portions of these offsite improvements are within
the Southern California Edison property. All other activities
are on hold pending resolution of funding mechanisms for
infrastructure requirements.
• Southern California Edison Company has not initiated any
specific development proposals.
Developer Compliance with Terms of Agreement
A -B Properties' and Southern California Edison Company's
development responsibilities are included in Section 6 of each
respective Development Agreement. Both Development Agreements are
similar with exceptions for names; revisions to Section 6.10
regarding the future 118 by -pass, (subsequently recognized by the
City Council as a future arterial) as it relates to each property.
The differences also include deletion of Section 6.17 on the
Southern California Edison agreement, which relate to A -B
Properties requirement to dedicate a conservation easement.
Compliance with the terms and conditions of the Development
Agreement will occur at various stages of the development process.
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April 16, 2003
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Action by the developer, and other clarifying information has been
noted. Where no comment appears, no specific activity has
occurred.
#
REQUIREMENT
STATUS
1.
Compliance with Development
Although A -B Properties
Agreement, Project Approvals and
has gained approval of
Subsequent approvals. (A -B and
Tentative Tract No.
SCE)
5147, no additional
entitlements or permits
have been requested.
No development may take
place until an IPD
application is filed
for individual lot
development or for all
of the lots in the
subdivision.
Southern California
Edison Company has not
submitted specific
development proposals
beyond the General Plan
Amendment and Zone
Change.
2.
Dedicated lands to be free and
The developers will
clear of liens and encumbrances,
provide clear title to
including off -site property
any property required
required for street extensions or
for dedications.
improvements. (A -B and SCE)
3.
Payment of Park Improvement Fee of
These fees will be
twenty -five cents ($.25) per
adjusted annually
square foot of gross floor area.
(until paid) using the
(A -B and SCE)
Consumer Price Index
(CPI) in accordance
with the agreement.
Fees must be paid prior
to issuance of zoning
clearance for building
permits.
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April 16, 2003
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#
REQUIREMENT
STATUS
4.
Payment of "Development Fees" of
These fees will be
twenty -one thousand dollars
adjusted annually
($21,000) per acre of each lot on
(until paid) using the
which the building is located. (A-
Consumer Price Index
B and SCE)
(CPI) in accordance
with the agreement.
Fees must be paid prior
to issuance of Zoning
Clearance for building
permits.
5.
Payment of "Citywide Traffic Fees"
These fees will be
of eighteen thousand dollars
adjusted annually
($18,000) per acre of each lot on
(until paid) using the
which the building is located. (A-
State Highway Bid Price
B and SCE)
Index in accordance
with the agreement.
Fees must be paid prior
to issuance of Zoning
Clearance for building
permits.
6.
Payment of all outstanding city
The Annual Review
processing and environmental
Applications and $1,760
processing costs. (A -B and SCE)
deposits for each
Development Agreement -
Annual Reviews were
paid.
7.
Agreement to payment of "Air
Compliance with this
Quality Fee" to be calculated by
requirement must be met
the City as a condition on each
prior to building
subsequent approval. (A -B and SCE)
permit issuance.
8.
Agreement to cast affirmative vote
To date, A -B Properties
for the formation of an assessment
and SCE are in
district with the power to levy
compliance with this
assessments for the maintenance of
requirement.
parkway landscaping, street
lighting (upon Council request -
parks conferring special
benefits). (A -B and SCE)
9.
Agreement to pay all City capital
Compliance with this
improvement, development and
requirement must be met
processing fees. (A -B and SCE)
prior to building
permit issuance.
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#
REQUIREMENT
STATUS
10.
Provide irrevocable offer of
These requirements must
dedication to the City for the
be complied with prior
rights -of -way for the future 118
to City Council action
bypass along the entire length of
on subsequent approvals
the north side of the property and
or grading, whichever
along the east side of the Gabbert
occurs first. The
Channel, including a connector
required rights -of -way
with a radius to be determined by
have been reflected on
the City. The developer also
approved Tentative
agrees to dedication of access
Tract Map No. 5147.
rights to the City for the future
east /west arterial (formerly 118
bypass), except for not more than
one (1) approved intersection. (A-
B)
Provide irrevocable offer of
dedication to the City for the
rights -of -way for the future
east /west arterial (formerly 118
bypass) along the entire length of
the west side of the property
outside of the easements for the
Gabbert Channel. (SCE)
11.
Agreement to provide grading of
This requirement will
right -of -way for the future
be included as a part
east /west arterial (formerly 118
of any grading approved
bypass). (A -B and SCE)
for the property.
12.
Agreement to comply with all
This requirement will
provisions of the Hillside
be included as a part
Management Ordinance. (A -B and
of any grading approved
SCE)
for the property.
13.
Payment of pro -rata share of
This requirement must
funding and construction of
be met as part of the
improvements identified in Gabbert
issuance of a grading
and Walnut Canyon Channels
permit.
Deficiency Study, and
acknowledgement that interim
improvements may also be
necessary. (A -B and SCE)
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Honorable City Council
April 16, 2003
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#
REQUIREMENT
STATUS
14.
Agreement to acquire and construct
This requirement must
dedicated public access to the
be complied with prior
properties with secondary access
to subdivision or any
in compliance with public safety
new use of the
requirements. (A -B and SCE)
property.
15.
Agreement to not oppose creation
To date, A -B Properties
of a Redevelopment Project Area,
and SCE are in
encompassing any part of the
compliance with this
property. (A -B and SCE)
requirement.
16.
Agreement not to request any
To date, A -B Properties
concession, waiver, modification
and SCE are in
or reduction of any fee,
compliance with this
regulation, requirement, policy or
requirement.
standard condition for any
subsequent approval, and agreement
to pay all fees imposed by the
City for future buildings. (A -B
and SCE)
17.
Grant a conservation easement to
The conservation
retain property west of Gabbert
easement is to be
Canyon drain in a predominantly
recorded with the first
open space condition, with
Final Map for the
exceptions as described in the
property.
Development Agreement. (A -B
Properties only)
18.
(Ref. Sec. 6.17. in SCE DA)
The covenant was
Execute and record a covenant
executed and recorded
concerning restriction of uses to
as a part of the
be permitted in the rezoned
recorded Development
property, consistent with Exhibit
Agreement.
B of the Development Agreement.
19.
((Ref. Sec. 6.18. in SCE DA)
This improvement is to
Agreement to submit improvement
be constructed prior to
plans for Gabbert Road from the
issuance of a building
Union Pacific / Gabbert Road rail
Permit for any portion
crossing to a point approximately
of the property in
one hundred twenty -five (125) feet
excess of forty percent
north of the rail crossing,
(400) of the total
including surety to guarantee
acreage for all lots
improvement.
created by the first
Final Map. To date not
plans have been
submitted.
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Honorable City Council
April 16, 2003
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#
REQUIREMENT
STATUS
20.
((Ref. Sec. 6.19. in SCE DA)
Construction of the
Provide traffic study to determine
traffic signal, if
signalization requirements for the
required, shall be at
Gabbert Road /Poindexter Avenue
the same time as the
intersection. The traffic study
Gabbert Road
is required prior to the first
improvements.
subsequent approval for the
project. Developer may be
conditioned to construct or pay a
fair share for the traffic signal.
21.
((Ref. Sec. 6.20. in SCE DA)
To date no plans have
Construct thirty -two (32) foot
been submitted.
wide paved access road to serve as
primary access until such time as
improvements per Section 6.22
(6.21 SCE) are constructed. The
paved access road to become
emergency access only upon opening
of said improvements to the
public.
22.
((Ref. Sec. 6.21. in SCE DA)
To date no plans have
Construct street improvements
been submitted.
extending north from Los Angeles
Avenue (SR 118) to a point
approximately six hundred (600)
feet north of the railroad tracks,
including an underground crossing
of the Union Pacific railroad
tracks prior to issuance of a
building permit for any portion of
the property in excess of seventy
per cent (70 %) of the total
acreage for all lots created by
the first Final Map. Final
improvement plans and an
improvement financing plan must be
approved prior to issuance of a
building permit for any portion of
the property in excess of forty
per cent (40 %) of the total
acreage for all lots created by
the first Final Map.
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Honorable City Council
April 16, 2003
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City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of both
agreements and include four (4) specific provisions, as summarized
below.
#
REQUIREMENT
STATUS
1.
Expedite (to the extent
To date no plans have been
possible) the processing of
submitted.
plan checking and related
processing.
2.
Exempt this project from
No further action
payment of the Gabbert
necessary.
Road /Casey Road Area of
Contribution (AOC) fees.
3.
Commence proceedings to form a
To date no petition or fee
Mello -Roos Community
payment have been
Facilities District, upon
submitted.
receipt of landowners petition
and payment of fee.
4.
Proceed to acquire, if
To date no such request has
requested, and at developer's
been submitted.
sole cost and expense,
easements or fee title to land
not held by the developer, but
necessary for construction of
required improvements.
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 A -B Properties and Southern California Edison Company
have, to date, complied in good faith with the terms and conditions
of the agreements.
STAFF RECOMMENDATION:
1. Accept the Community Development Director's Report and
recommendation, and find, on the basis of substantial
evidence, that A -B Properties and Southern California Edison
Company have complied in good faith with the terms and
conditions of the agreement.
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Honorable City Council
April 16, 2003
Page 9
2. Deem the annual review process complete for Southern
California Edison Company's Development Agreement and for A -B
Properties' Development Agreement.
Attachments: 1) Location Map
2) Tentative Tract Map
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