HomeMy WebLinkAboutAGENDA REPORT 2004 0317 CC REG ITEM 10DMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
ITEM 10. 7D
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ACTON: Atd4a
FROM: Barry K. Hogan, Community Development Directo
Prepared by Laura Stringer, Senior Manageme alyst
DATE: February 26, 2004 (CC Meeting of 03/17/04)
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 040317ab- sce.doc 0 00 073
Honorable City Council
March 17, 2004
Page 2
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:
Project 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
have been on hold pending resolution of funding mechanisms for
infrastructure requirements. On February 4, 2004, the City
Council approved Request for Proposal (RFP) for the scope of
work for the preparation of plans and cost estimate for the
design, grading, and construction of the North Hills Parkway
from Los Angeles Avenue on the west to the extension of Spring
Road on the east, which will include an undercrossing of the
railroad at the A/B Properties /Southern California Edison
properties. With the approved and proposed projects along the
proposed alignment, there may likely be enough properties to
fund, through an assessment district or other financial
mechanism, the full construction of North Hills Parkway from
Spring Road west to Los Angeles Avenue.
• No applications have been filed with the City for the Southern
California Edison Company property. Vulcan Materials has
presented an informal proposal to use this property for an
aggregate (crushed rock) distribution facility to the Affordable
000074
Honorable City Council
March 17, 2004
Page 3
Housing /Community Development Committee. No action was taken by
the committee.
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. There are however exceptions for developer names and
revisions to Section 6.10 regarding the future 118 by -pass,
(subsequently recognized by the City Council as North Hills
Parkway, 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. Action by the developer,
and other clarifying information has been noted.
NO.
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
and approved 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.
000075
Honorable City Council
March 17, 2004
Page 4
NO.
REQUIREMENT
STATUS
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.
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.
000076
Honorable City Council
March 17, 2004
Page 5
NO.
REQUIREMENT
STATUS
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.
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)
000077
Honorable City Council
March 17, 2004
Page 6
NO.
REQUIREMENT
STATUS
11.
Agreement to provide grading of
This requirement is now
right -of -way for the future
included in the Scope
east /west arterial (formerly 118
of Work identified for
bypass). (A -B and SCE)
the design of North
Hills Parkway, with
construction proposed
through an assessment
district.
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)
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)
000078
Honorable City Council
March 17, 2004
Page 7
NO.
REQUIREMENT
STATUS
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.
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.
000079
Honorable City Council
March 17, 2004
Page 8
NO.
REQUIREMENT
STATUS
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)
This requirement is now
Construct street improvements
included in the Scope
extending north from Los Angeles
of Work identified for
Avenue (SR 118) to a point
the design of North
approximately six hundred (600)
Hills Parkway, with
feet north of the railroad tracks,
construction proposed
including an underground crossing
through an assessment
of the Union Pacific railroad
district.
tracks prior to issuance of a
building permit for any portion of
the property in excess of seventy
per cent (700) 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.
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.
# I REQUIREMENT I STATUS
000080
Honorable City Council
March 17, 2004
Page 9
#
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 has been submitted.
Facilities District, upon
receipt of landowner's
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.
2. Deem the annual review process complete for Southern
California Edison Company's Development Agreement and for A -B
Properties' Development Agreement.
Attachments:
000081
Honorable City Council
March 17, 2004
Page 10
1. Location Map
2. Tentative Tract Map
3. January 28, 2004 letter from John W. Newton & Associates, Inc.
4. Status of Development Agreement Statement from Development
Planning Services on behalf of Southern California Edison
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LOCATION MAP
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CC ATTACHMENT 1
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AA MOPERI
TRACT.NO. 5147
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John W. Newton & Associates, Inc.
Ato f iiionaf lfonsuftanti
165 High St., Suite 103
Post Office Box 471
Moorpark, California 93021 January 28, 2004
Laura Stringer
Senior Management Analyst
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
Re: A -B Properties
Industrial Tentative Tract No. 5147
Annual Review of Development Agreement (GPA 97 -2)
Dear Laura:
Telephone (805) 378 -0073
Fax No. (805) 378 -0080
newtoncnslt @msn.com
Enclosed is the requested Annual Development Agreement Review Application and
filing fee.
A significant step forward occurred recently when the City Council Community
Development Committee approved a staff prepared Scope of Work for the design, grading and
construction of the North Hills Parkway. This Scope of Work proposal will be recommended to
the full City Council by the Committee at its next regular meeting on February 4, 2004. The
Cite will then take the lead in developing the North Hills Parkway.
Utilizing last year's Annual Development Agreement as a reference point, A -B Properties
can now move forward with a measure of certainty with respect to formation of an Assessment
District, or other financing mechanism, to fund the construction of the North Hills Parkway.
Once the selected engineering consultant has completed its work (estimated, 9 months), and the
pro -rata cost share among the benefiting properties is known, the uncertainties related to the
construction and financing of this major arterial will be eliminated.
Please contact the undersigned if you need additional information, or clarification.
Attachment
Enclosures
cc: A -B Properties
cerel /yf, ,
-- John W. Newton
.Applicant's Representative
CC ATTACHMENT 3
REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT
Commercial - Industrial - Land RESOURCE Engineering - Land Division - Permits
Residential Relocation DEVELOPMENT Planning - Zoroo() 0 8 r]
F-
L
®evelegment Planning services, Inc.
(sJi Viii F1lonara, Suir., 1 ,
tjx 8'k
January 21, 2004
Laura Stringer
City of Moorpark
799 Moorpark Avenue
Moorpark CA 93021
Subject: Annual Review of Development Agreement (GPA 97 -2)
Dear Laura,
In response to your letter of January 14, 2004, please find attached the Development Agreement
Annual Review application, short narrative, and check in the amount of $1,760.00. Please proceed
with processing.
Should you have any questions specific to the application submitted, feel free to contact our
office. Thank you.
Sincerely,
t..
Dennis Hardgrav
DH /vm
CC ATTACHMENT 4
Public Agency Entitlement . Planning Design . Project Management
0000F6
STATUS OF DEVELOPMENT AGREEMENT (GPA 97 -2)
Over the past twelve months, there has been no substantial change occur in the status of
GPA 97 -2, the Southern California Edison parcel west of Gabbert Road and north of the Union
Pacific Railroad tracks. The intent is for this site to develop in conjunction with the development
of the A -B Properties tract map located adjacent to the north of the SCE parcel. A combination
of market conditions, design issues and physical site constraints have precluded development
to date.
It is the intent of SCE to fully cooperate in the improvement and development of this site in the
near future. SCE requests that the Development Agreement remain in effect with the same
terms and conditions upon payment of the annual review fees and action by the City of
Moorpark
000087
1/26/2004