HomeMy WebLinkAboutAGENDA REPORT 2005 0921 CC REG ITEM 10IMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 ' z .
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
ACTION:`�,r',�2U.t"u -n.cst
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Laura Stringer, Administrati a Services
Manager r
DATE: September 9, 2005 (CC Meeting of 9/21/05)
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), Warehouse
Discount Centers and Moorpark Hospitality, Inc.)
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) just east of the
SR 23 Freeway have subsequently been acquired by Tom
Schlender /Warehouse Discount Center (Lot 1) and Moorpark
Hospitality, Inc, (Lot 2) . The new owners are responsible for
000460
Honorable
September
Page 2
adherence
those lot
completed
City Council
21, 2005
to the terms of the
S. The last review
October 20, 2004.
DISCUSSION:
Project Status
Development Agreement relating to
of the Development Agreement was
• SDI's responsibilities for compliance with project
conditions related to recordation of Tract No. 5004 and
Industrial Planned Development Permit No. 1995 -2 have been
completed.
• Lot 1 remains undeveloped. However, applications for
General Plan Amendment No. 2004 -04, Commercial Planned
Development Permit No. 2004 -03, Conditional Use Permit No.
2005 -04 and Development Agreement No. 2005 -02 are currently
being processed for an amendment to the Land Use Element
that would allow sales, distribution and warehousing in the
City's designated General Commercial Land Use Area. If
approved, the applications would permit a retail center
with a one -story (With Mezzanine Level) 115,000 sq. ft.
single tenant building over thirty -five (35)feet in height
and a 17,500 sq. ft. one -story commercial building on the
8.15 acre site. The Planning Commission has recommended to
the City Council approval of the project. The Planning
Commission will consider the Development Agreement on
September 27, 2005, and the City Council is anticipated to
consider the project and the Development Agreement on
October 5, 2005.
• Lot 2 also remains undeveloped. The new owner has been in
discussion with staff and has provided conceptual drawings
and data for a proposed three - story, 43,740 square foot
hotel facility on the 2.38 acre site. Staff has requested
that a formal pre - application package be submitted for
review and comment.
Developer Compliance with Terms of Agreement
SDI, Warehouse Discount Center and Moorpark Hospitality, Inc.
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:
\ \Mor_pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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September 21, 2005
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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
Fees for
processing and environmental impact
current
report costs related to VTTM No. 5004,
applications by
IPD No. 95 -02, GPA 95 -01, and Zone
owners of Lots
Change No. 95 -03 and for preparation of
1 and two are
this Agreement.
current
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.
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.
\ \Mor _pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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September 21, 2005
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REQUIREMENT
STATUS
g.
Agrees to not oppose creation of a
To date
redevelopment project area (as defined
SDI /Warehouse
by applicable State law) encompassing
Discount
any part of the Property provided that
Center /Moorpark
the project area is consistent with the
Hospitality
rights of Developer under this
have complied
Agreement.
with this
condition.
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.
i.
Agrees not to request any concession,
A Development
waiver, modification or reduction of any
Agreement is
fee, regulation, requirement, policy or
being processed
standard condition for development of
for Lot 1, and
Lots 1 and 2 of VTTM No. 5004, and
preliminary
further agrees to pay all fees imposed
discussions
by City for future buildings, so long
with staff for
as, said fees are also imposed in a
development of
similar manner on similar projects.
Lot 2 have
occurred.
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
A Development
1 of VTTM No. 5004 shall not exceed
Agreement is
132,183 and for Lot 2 of VTTM No. 5004
being processed
shall not exceed 37,200 and limitations
for Lot 1, and
to conditionally permitted uses of Lots
preliminary
1 and 2.
discussions
with staff for
development of
Lot 2 have
occurred.
\ \Mor _pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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September 21, 2005
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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 /Warehouse
plan check monitoring and inspection of
Discount
work performed by consultants retained
Center /Moorpark
by Developer and City, pursuant to the
Hospitality
agreement.
have complied
with this
condition.
\ \Mor _pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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September 21, 2005
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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.
#k
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.
\ \Mor_pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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Honorable City Council
September 21, 2005
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REQUIREMENT
STATUS
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.
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.
\ \Mor _pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1996 -01 sdi \Agenda Rpts \cc
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September 21, 2005
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REQUIREMENT
STATUS
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.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application, the current status of the projects and pending
applications, 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 RECOMMENDATION
1. Accept the Community Development Director's Report and
recommendation, and find, on the basis of substantial
evidence, that SDI, Warehouse Discount Center and Moorpark
Hospitality, Inc. 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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