HomeMy WebLinkAboutAGENDA REPORT 2004 1020 CC REG ITEM 10IMOORPARK CITY COUNCIL
AGENDA REPORT
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CITY OF mOORPARK, CALIFORNIA
City Council Meeting
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ACTION:
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Laura Stringer, Senior Manageme t Analyst
DATE: October 1, 2004 (CC Meeting of 10/20/04) A
SUBJECT: Consider Report of Annual Development Agreement
Review, Established in Connection with Industrial
Planned Development No. 1995 -02 and Tract No. 5004
(Special Devices, Incorporated ,(SDI) and Daniel F.
Selleck)
BACKGROUND
Government Code Section 65864 and Section 15.40.150 of the
Municipal Code provide 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, to provide
developers some certainty in the development process and to
assure development in accordance with the terms and conditions
of the agreement. The Municipal Code also requires the Developer
to file an application with the Community Development Director
requesting the annual review of the Agreement.
On August 21, 1996, the City Council adopted Resolution No. 96-
1222 approving General Plan Amendment No. 95 -01, Vesting
Tentative Tract Map No. 5004, and Industrial Planned Development
Permit No. 95 -02 (Lot 3) 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.
The two (2) undeveloped parcels, Lots 1 and 2, were acquired by
Daniel F. Selleck, who is responsible for adherence to the terms
of the Development Agreement relating to those lots. The last
review of the Development Agreement was completed November 5,
2003.
900115
Honorable City Council
October 20, 2004
Page 2
DISCUSSION:
Protect Status
SDI's responsibilities for compliance with project conditions
that remained last year have been met as follows:
• completion of planting at the SR -23 /New Los Angeles Avenue
interchange, to the satisfaction of the Community
Development Director;
• completion of grading, drainage and paving improvements at
lower White Sage Road to the satisfaction of the City
Engineer;
• receipt of cash contribution for riparian habitat
replacement per City Council direction; and
• completion of additional slope planting on the westerly and
northerly facing slopes.
Remaining cash and bond securities have been released to SDI.
Lots 1 and 2 remain undeveloped. However, over the past several
weeks, Mr. Selleck has worked with staff and the City Council on
determining a course of action for development of the property.
On September 15, 2004, the City Council approved the Ad Hoc
Committee (Councilmembers Millhouse and Harper) recommendation
that Mr. Selleck be allowed to file a General Plan Amendment
application for the creation of a new General Plan land use
category for the proposed appliance sales, distribution and
warehousing use, along with an amendment to the General Plan
Land Use Element map to designate the subject property with this
new land use category. The Council further allowed for the
negotiation of a new Development Agreement with the requirement
that the building and site design be of the highest quality and
that a City entry sign be part of the project design. Mr.
Selleck has filed applications for General Plan Amendment and
Commercial Planned Development Permit, including deposits
sufficient to cover the expended staff time and anticipated
processing time. Additional deposits may be necessary in the
future, if the applications are not complete and /or require an
additional amount of staff time to review and process.
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Honorable City Council
October 20, 2004
Page 3
Developer Compliance with Terms of Agreement
SDI and Selleck Development responsibilities are included in
Section 6 of the Development Agreement and include 14 specific
requirements (a. through n.) as listed below, along with the
status of each:
#
REQUIREMENT
STATUS
a.
The terms and conditions for the
Reported
payments required by Subdivisions (1)
complete in the
and (m) Section 6 shall be those
1998 Report.
contained in a promissory note. SDI has
executed the Promissory Note and Deed of
Trust which have been recorded.
b.
Grant a conservation easement to retain
Completed.
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.
C.
Payment of all outstanding City
Selleck (or
processing and environmental impact
successor) is
report costs related to VTTM No. 5004,
responsible for
IPD No. 95 -02, GPA 95 -01, and Zone
all fees and
Change No. 95 -03 and for preparation of
deposits
this Agreement.
related to
future
development of
Lots 1 and 2.
d.
Process an application for annexation of
Reported
the approximate 56.84 acres of Lot A of
complete in the
VTTM No. 5004, which acreage is
1998 Report.
currently not in the City, to the City,
so that a LAFCO decision is rendered
prior to October 1, 1997.
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Honorable City Council
October 20, 2004
Page 4
#
REQUIREMENT
STATUS
e.
Provide irrevocable offer of dedication
Reported
to City for public street purposes of
complete in the
that portion of Lot 3 of VTTM No. 5004
2001 Report.
containing the private road prior to
approval of the Final Map for VTTM No.
5004.
f.
Annex all of the property within VTTM
Reported
No. 5004, that is within the City, to
complete in the
Ventura County Waterworks District No. 1
1998 Report,
(the "District ") prior to occupancy of
via the
the first building within the Project or
annexation of
approval of the Final Map for VTTM No.
the property
5004, whichever occurs first.
g.
Agrees to not oppose creation of a
To date
redevelopment project area (as defined
SDI /Selleck
by applicable State law) encompassing
have complied
any part of the Property provided that
with this
the project area is consistent with the
condition
rights of Developer under this
Agreement.
h.
Agrees to dedicate Lot 4 and Lot D, as
These lots were
described in Condition No. 16 of VTTM
transferred to
No. 5004, in fee simple interest to City
the City of
concurrently with the recordation of the
Moorpark
Final Map for VTTM Map No. 5004. These
(unencumbered
lots are to be used for public benefit
by the previous
as determined by City in its sole
lien) on May
discretion.
29, 2002. This
item is
complete.
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Honorable City Council
October 20, 2004
Page 5
#
REQUIREMENT
STATUS
i.
Agrees not to request any concession,
Selleck has
waiver, modification or reduction of any
worked with
fee, regulation, requirement, policy or
staff and City
standard condition for development of
Council on
Lots 1 and 2 of VTTM No. 5004, and
determination
further agrees to pay all fees imposed
of course of
by City for future buildings, so long
action,
as, said fees are also imposed in a
resulting in
similar manner on similar projects.
approval for
submittal of
General Plan
Amendment and
negotiation of
a new
Development
Agreement for
Lots 1 and 2.
j.
Modification to Caltrans rights -of -way
Reported
adjacent to the Property and
complete in the
signalization of SR 23 interchange with
2001 Report.
New Los Angeles Avenue.
k.
Maximum building square footage for Lot
Selleck has
1 of VTTM No. 5004 shall not exceed
worked with
132,183 and for Lot 2 of VTTM No. 5004
staff and City
shall not exceed 37,200 and limitations
Council on
to conditionally permitted uses of Lots
determination
1 and 2.
of course of
action,
resulting in
approval for
submittal of
General Plan
Amendment and
negotiation of
new Development
Agreement for
Lots 1 and 2.
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Honorable City Council
October 20, 2004
Page 6
#
REQUIREMENT
STATUS
1.
Payment to the City in accordance with
Payment in the
the provisions of the agreement if, for
amount of
any reason, Developer does not employ
$29,970 was
the number of full -time employees
received by the
required by the agreement at the Project
City on May 24,
facilities described in IPD No. 95 -02.
2002. That
Beginning with the initial occupancy
payment
date of April 1, 1999, the full -time
concluded SDI's
employment count for the SDI, Inc. is
obligation
described below:
under this
section of the
DATE Actual FTE Min. FTE
Development
6/29/99 645 490
Agreement.
6/29/00 687 565
6/29/01 682 640
6/29/02 385 715
M.
Build the Project described in IPD No.
SDI has
95 -02 and any City- approved minor
complied with
modification thereto and relocate the
this condition
Los Angeles County operations of Special
through
Devices, Incorporated to the Project
occupying the
facilities within three (3) years after
property within
the effective date of the Agreement or
the timeframe
pay the City the sum of Four Hundred
originally
Ninety -Two Thousand, Three Hundred and
contemplated.
Fifty -One Dollars ($492,351.00) plus
Thus, no
Seventy -Five Thousand Dollars
additional fees
($75,000.00) per year for four (4)
are payable
consecutive years.
pursuant to
this provision.
n.
Pay for City costs at the applicable
To date
rate, then in effect, for review and
SDI /Selleck
plan check monitoring and inspection of
have complied
work performed by consultants retained
with the terms
by Developer and City, pursuant to the
of this
agreement.
condition.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include 16 specific provisions (a. through p.) as
summarized below.
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Honorable City Council
October 20, 2004
Page 7
#
REQUIREMENT
STATUS
a.
The Property shall be exempt from the
Fulfilled
provisions of Chapter 17.38 (Hillside
Management) of the Moorpark Municipal Code.
b.
The Property shall be exempt from any growth
Fulfilled
management ordinance that is adopted by the
City Council or by initiative of the
electorate.
C.
Acquire, at the request of the Developer and at
Fulfilled
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.
d.
City shall use its best efforts to process plan
Fulfilled
checking and early grading agreement for the
Project in an expedited manner.
e.
Approve an early grading agreement on behalf of
Fulfilled
the City to allow rough grading of the Project,
prior to City Council approval of the Final Map
for VTTM No. 5004.
f.
Defer payment by the developer of applicable
Fulfilled
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.
g.
Defer payment by the Developer of the Citywide
Fulfilled
Traffic Mitigation Fee until the time of
issuance of a zone clearance for the first
building permit for each lot within the
boundaries of the Property.
h.
Defer payment of fees, except as otherwise
Fulfilled
provided in this Agreement, other than fees for
plan checking, permits, processing and other
services controlled by the 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.
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Honorable City Council
October 20, 2004
Page 8
#
REQUIREMENT
STATUS
i.
Upon the effective date of the Agreement, the
Fulfilled
period required for use inauguration of IPD No.
95 -02 shall be extended from one (1) year to
three ( 3 ) years.
j.
Accept Lots 4 and D as satisfaction of the
Fulfilled
requirements imposed by Condition No. 61 of
VTTM No. 5004 and Condition No. 88 of IPD 95-
02.
k.
Exempt the Project from the Art in Public
Fulfilled
Places fee.
1.
Exempt the Property from the landscape fee of
Fulfilled
five cents ($.05) per square foot for the
Property given the large percentage of the site
retained in natural open space.
M.
Agree that the contribution requirements of
Fulfilled
Condition No. 127 of VTTM No. 5004 shall be
satisfied upon completion of installation of
the two (2) traffic signals at the SR 23 /New
Los Angeles interchange to the satisfaction of
the City.
n.
Agree not to require Developer to remove
Fulfilled
noxious plants from the Arroyo Simi.
o.
Agree that, in implementation of Condition No.
Fulfilled
26 of VTTM No. 5004, the City Engineer and
Community Development Director may jointly
approve elevation changes, not to exceed five
(5') feet, for the purpose of providing contour
grading of the ridgeline.
p.
Agree that, in implementation of the condition
Fulfilled
of VTTM No. 5004 and IPD No. 95 -02 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
the City shall not be deemed consultants for
purposes of this subsection.
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Honorable City Council
October 20, 2004
Page 9
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application, the current status of the project and efforts by
the developer to comply with all outstanding items, the
Community Development Director has, on the basis of substantial
evidence, determined that SDI and Selleck have to date complied
in good faith with the terms and conditions of the agreement.
STAFF RECOHMNDATION
1. Accept the Community Development Director's Report and
recommendation, and find, on the basis of substantial
evidence, that SDI and Selleck have complied in good faith
with the terms and conditions of the agreement.
2. Deem the annual review process complete.
ATTACHMENT:
Location Map
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- Street Centerlines
L ] Parcels
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Location Map - SDI /Selleck
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