HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10MCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 6, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
M. Consider Report of Annual Development Agreement Review, Established in
Connection with Final Tract Map No. 5906 for 17 Industrial Lots on 34.70 Acres,
Located 1300 Feet West of Gabbert Road, North of the Union Pacific Railroad
Right-of-Way, on the Application of A-B Properties. Staff Recommendation: 1)
Accept the Community Development Director’s report and recommendation that,
on the basis of substantial evidence, the Developer has complied in good faith with
the terms and conditions of the Agreement; and 2) Deem the 2023 annual review
for this project complete. (Staff: Carlene Saxton, Community Development
Director)
Item: 10.M.
Item: 10.M.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carlene Saxton, Community Development Director
BY: Adam Pisarkiewicz, Contract Planner
DATE: 09/06/2023 Regular Meeting
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Final Tract Map No. 5906 for 17
Industrial Lots on 34.70 Acres, Located 1300 Feet West of Gabbert
Road, North of the Union Pacific Railroad Right-of-Way, on the
Application of A-B Properties
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 January 16, 2013, the Moorpark City Council adopted Ordinance No. 416, approving
a Development Agreement (Agreement/DA) between the City of Moorpark and
A-B Properties. The Agreement was approved in connection with Tentative Tract Map
No. 5906, a 17-lot industrial subdivision located on 34.70 acres west of Gabbert Road
and north of the Union Pacific Railroad Right-of-Way. The Agreement remains in full
force and effect for 20 years from the operative date of the Agreement, February 15, 2013,
or until a Building Permit is issued and all fees identified in the Agreement are paid for the
last developable lot in the Project, whichever comes last. On February 15, 2023, the
Moorpark City Council approved an Estoppel Certificate for the new owners of the subject
property, Hecate Grid Gwent Land, LLC.
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Provisions of the agreement require an annual review and report to the City Council on
the status of completion of all aspects of the agreement. This is the first annual review of
this Development Agreement. Lisa Burns of A-B Properties (now Burns Pacific
Construction, Inc.), representing the previous property owner, submitted the necessary
materials and fee/deposit for this 2023 annual review. The Community Development
Director has reviewed the submitted information, the project status, and provides the
following report.
DISCUSSION
Current Project Status
•On May 5, 2021, the Final Tract Map was approved pursuant to Resolution No.
2021-4005, and the City Council authorized the City Manager to execute the
Subdivision Improvement Agreement.
•In early 2023, Burns Pacific Construction, Inc. sold the property to Hecate Grid
Gwent Land, LLC.
•On February 15, 2023, the City Council adopted the following items to reflect the
Agreement’s obligations on the new property owner:
• An Estoppel Certificate of the Development Agreement between the City
of Moorpark, A-B Properties, and Burns Pacific Construction, Inc.;
• Authorized the City Manager to execute a Subdivision Improvement
Agreement between the City of Moorpark and Hecate Grid Gwent Land,
LLC;
•Termination of the Subdivision Improvement Agreement between the City
of Moorpark and Burns Pacific Construction, Inc.; and
•Resolution exonerating surety bonds from Burns Pacific Construction Inc.
Developer Compliance with Terms of Agreement
The developer’s responsibilities are included in Section 6 of the Development Agreement,
and include requirements 6.1 through 6.22, summarized below. Compliance with the
terms and conditions of the Development Agreement occurs at various stages of the
development process. Action by the developer and other clarifying information has been
noted. Where no comment appears, no specific activity has occurred.
No. Requirement Status
6.1 Developer shall comply with Agreement, the
Project Approvals, all Subsequent Approvals.
Developer has continued to comply with
the Agreement, associated Project and
Subsequent Approvals.
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No. Requirement Status
6.2 All lands and interests in land dedicated to City
shall be free and clear of liens and encumbrances.
The Final Map has been recorded and all
lands and interests have been dedicated
to the City in accordance with the DA.
6.3 Payment of the “Park Fee”, in lieu of dedication of
parkland and related improvements, of $0.50 per
square foot of building area.
No building permits have been issued
and, therefore, the Developer has not
paid applicable park fees.
6.4 Payment of the “Development Fee” of $21,000 per
acre of each lot on which the building is located,
to be updated annually commencing on January
1, 2016. Payment of the “Development Fee” of
$44,325 per any portion. Of the property that
exceeds 40% of the acreage of the total of all
developable lots, to be updated annually
commencing on January 1, 2016.
No building permits have been issued
and, therefore, the Developer has not
paid applicable development fees.
6.5 Payment of the “Citywide Traffic Fee” of $18,000
per acre of each lot on which the land use is
located, to be updated annually.
No building permits have been issued
and, therefore, the Developer has not
paid applicable traffic mitigation fees.
6.6 Payment of all outstanding processing fees. Developer has paid all applicable
processing fees.
6.7 Payment of an “Air Quality Fee” of $0.63 for each
square foot of office building area and $0.28 for
each square foot of industrial building area.
No building permits have been issued
and, therefore, the Developer has not
paid applicable air quality fees.
6.8 Developer shall form an assessment district and
one or more property owner associations to
provide for maintenance of facilities and
infrastructure.
Developer has not formed an
assessment district or a property owner
association.
6.9 Payment of all City capital improvement and
processing fees.
No building permits have been issued
and, therefore, the Developer has not
paid applicable development and
processing fees.
6.10 Developer shall offer right-of-way dedication of
North Hills Parkway to the City.
Developer has provided a legal
description for the dedication of North
Hills Parkway right-of-way in the Final
Tract Map.
6.11 Developer agrees that as part of any grading of
the property, the right-of-way for the future North
Hills Parkway shall be graded per City direction.
No grading permits have been issued.
6.12 Developer agrees to comply with all the provisions
of the Hillside Management Ordinance (Chapter
17.38 of the Municipal Code) of the City.
Developer is in agreement with the
requirement.
6.13 Developer agrees to pay a proportional amount of
the improvements identified in the Gabbert and
Walnut Canyon Channels Deficiency Study.
Developer is in agreement with the
requirement.
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No. Requirement Status
6.14 Prior to any subdivision or new use of the
property, Developer agrees to acquire and
construct dedicated public access to the
properties.
Developer is in agreement with the
requirement.
6.15 Developer agrees to terminate Development
Agreement No. 1998-04, adopted by the City
Council on December 16, 1998 through
Ordinance No. 250, and recorded by the County
Recorder on December 30, 1998 with the
assigned document number 98-233584.
Developer is in agreement with the
requirement.
6.16 Developer agrees not to request any concession,
waiver, modification or reduction of any fee,
regulation, requirement, policy or standard
condition for any Subsequent Approval 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.
Developer is in agreement with the
requirement.
6.17 Developer shall grant a conservation easement to
retain that portion of the Property west of and
including the Gabbert Canyon drain in a
predominantly open space condition. The
conservation easement shall be recorded
concurrently with the recordation of the first final
subdivision map for the Property.
The conservation easement was
included in the Final Tract Map,
approved by the City Council on May 5,
2021.
6.18 Prior to approval of a Final Map, Developer shall
execute in favor of City and record in the Office of
the County Recorder of the County of Ventura a
Covenant running with the Land (Covenant).
The Covenant was recorded on
November 22, 2013 (Instrument No.
2013112-00190595-0).
6.19 Developer agrees to specific improvements to
Gabbert Road and North Hills Parkway to the
satisfaction of the City.
Developer is in agreement with the
requirement.
6.20 Prior to approval of the final map for Tract No.
5906 for the Property, Developer shall submit and
gain approval from City Manager of an
Implementation Plan.
Developer received approval for the
Subdivision Improvement Agreement
(“Implementation Plan”) from the City
Manager on February 15, 2023.
6.21 Developer shall design and construct at
Developer's expense a thirty-two (32) foot wide
paved access road on Southern California Edison
property (paved access road) to the Property to
serve as the primary access until such time as the
Improvements referenced in Section 6.19 are
constructed.
Developer has yet to submit design and
construction plans to Southern California
Edison and the City for approval.
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No. Requirement Status
6.22 Prior to the recording of the Final Map for the
Project, a Community Facilities District or other
funding mechanism to the satisfaction of the City
Council, shall be established to provide funding
for improvements to North Hills Parkway. Prior to
the issuance of a building permit for any portion of
the Property that exceeds seventy percent (70%)
of the acreage of the total of all developable lots
the North Hills Parkway undercrossing at the
Railroad Right-of-Way immediately south of the
Property shall be completed in a manner
approved by the City.
To date, a Community Facilities District
has not been formed.
City Compliance with Terms of Agreement
The City’s responsibilities are contained in Section 7 of the Development Agreement
and include provisions 7.1 through 7.9 summarized below.
No. Requirement Status
7.1 Agreement to commit reasonable time and
resources on expedited and parallel processing of
application for subsequent applications.
City has complied.
7.2 City shall exempt this project from payment of the
Gabbert Road/Casey Road Area of Contribution
(AOC) fees.
City has complied.
7.3 City shall commence proceedings to form a Mello-
Roos Community Facilities District ("District") and
to incur bonded indebtedness to finance all or
portions of the on-site and off-site public facilities,
infrastructure and services.
The City is evaluating formation of a
District.
7.4 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 which
are outside Developer's legal boundaries.
Developer has not submitted a request
to the City.
7.5 City shall refund the Developer $12,600.00
collected to process Lot Line Adjustments 2010-01
through 2010-07 by crediting this amount to the
Development Deposit Fund for this project.
Refund was processed in 2019 per
Ordinance No. 416.
7.6 City agrees to allow the on-going import,
stockpiling, and use of recycled concrete and
asphaltic concrete material for road base for the
private streets within the property during
construction.
City has complied.
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No. Requirement Status
7.7 City shall facilitate the reimbursement to Developer
of any costs incurred by Developer that may be
subject to partial reimbursement from other
developers as a condition of approval of a tract
map, development permit, or development
agreement with one or more other developers,
including road improvements.
City is in agreement with this
requirement. No reimbursement has
occurred due to no permits being
issued.
7.8 In the event City has not initiated construction of
the North Hills Parkway undercrossing of the
railroad right-of-way in a time prior to issuance of a
building permit for any portion of the property that
exceeds 70% of the acreage of the total of all
developable lots.
City shall allow Developer to construct
undercrossing and City shall reimburse Developer
for expenses as agreed upon by City and
Developer prior to construction in a manner as
allowed by law.
To date, no building permits have been
issued.
7.9 City agrees to terminate Development Agreement
No. 1998-04, adopted by the City Council on
December 16, 1998 through Ordinance No. 250,
and recorded by the County Recorder on
December 30, 1998 with the assigned document
number 98-233584.
Development Agreement No. 1998-04
was terminated upon the effective date
of the enabling ordinance (Ordinance
No. 416) for this Development
Agreement (No. 2012-01).
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 (now Burns Pacific Construction) has, to date,
complied in good faith with all the terms and conditions of the agreement.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
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STAFF RECOMMENDATION
1.Accept the Community Development Director’s report and recommendation that, on
the basis of substantial evidence, the Developer has complied in good faith with the
terms and conditions of the Agreement; and
2.Deem the 2023 annual review for this project complete.
Attachment: Tract Map No. 5906
305
ATTACHMENT
TRACT MAP NO. 5906
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