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HomeMy WebLinkAboutAGENDA REPORT 2023 1018 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of October 18, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. F. Consider Report of Annual Review of a Development Agreement Established in Connection with Industrial Planned Development Permit No. 2009-01 (Moorpark West Studios), Located at 11289 Los Angeles Avenue, on the Application of Broad Reach Power. Staff Recommendation: Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Broad Reach Power has complied in good faith with the terms and conditions of the Development Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) Item: 10.F. Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director BY: Adam Pisarkiewicz, Contract Planner DATE: 10/18/2023 Regular Meeting SUBJECT: Consider Report of Annual Review of a Development Agreement Established in Connection with Industrial Planned Development Permit No. 2009-01 (Moorpark West Studios), Located at 11289 Los Angeles Avenue, on the Application of Broad Reach Power 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 October 19, 2011, the Moorpark City Council adopted Ordinance No. 409 (effective November 30, 2011) approving a Development Agreement (DA) between the City of Moorpark and Los Angeles Avenue LLC, Pegh Investments LLC, The Kevin Newburg Trust, and the Richard S. Held Enterprises Retirement Trust. The agreement was approved in connection with Industrial Planned Development Permit (IPD) No. 2009-01, allowing the construction of a 559,450 square-foot motion picture studio campus on 33 acres of property addressed 11289 Los Angeles Avenue, located north of Los Angeles Avenue and west of Gabbert Road. Individual facilities include 12 sound stages totaling 296,000 square feet, three office buildings totaling 145,500 square feet, 18 studio support buildings totaling 117,950 square feet, and a four-story parking structure. The project also provides associated public and private improvements, including parking lots, landscaping, dedications of future public right-of-way adjacent to the site, and other improvements. On February 18, 2015, the City Council approved Modification No. 1 to the IPD via Resolution No. 2015-3363, extending the expiration date of the project entitlements (independent of the DA) to November 18, 2019. On August 5, 2019, the Applicant submitted a request for a five-year extension to the DA and project entitlements, as well as two amendments to the DA in order to secure fees for future 364 Honorable City Council 10/18/2023 Regular Meeting Page 2 Annual Reviews and to clarify the timing for the dedication of North Hills Parkway, in addition to initiating the Annual Review of the DA. The additional time was requested in order to pursue a qualified development partner. On November 6, 2019, the City Council adopted Ordinance No. 475, approving the proposed amendments and extension request for the DA and project entitlements with the new effective date being December 13, 2019 and new expiration date of November 18, 2023. DISCUSSION Current Project Status •Broad Reach Power has since purchased the property. •To date, no building permits have been issued. Developer Compliance with Terms of Agreement The developer’s responsibilities are included in Section 6 of the DA and include requirements 6.1 through 6.26, summarized below. Compliance with the terms and conditions of the Development Agreement occurs at various stages of the development process. The Developer has noted the status of compliance with each item. No. Requirement Status 6.1 Developer shall comply with this Agreement, the Project Approvals, all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and the MMRP of the MND and any subsequent or supplemental environmental actions. Developer is in compliance with all requirements at this time. 6.2 All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. No land has been dedicated to the City at this point in time. 6.3 Payment of “Development Fees” of Forty-Four Thousand Three Hundred Twenty-Five Dollars ($44,325.00) per gross acre of industrial land. These fees will be adjusted annually (until paid) using the Consumer Price Index (CPI) in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. No Building Permits have been issued. 6.4 Payment of “Citywide Traffic Fees” of Twenty- Nine Thousand, Seven-Hundred Dollars ($29,700.00) per gross acre of industrial land. These fees will be adjusted annually (until paid) using the State Highway Bid Price Index in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for 365 Honorable City Council 10/18/2023 Regular Meeting Page 3 No. Requirement Status Building Permit. No Building Permits have been issued. 6.5 Prior to the issuance of the building permit for each building, Developer shall pay an Air Quality Fee of $0.63 for each square-foot of office building area and $0.28 for each square foot of building area. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. No Building Permits have been issued. 6.6 (This section is intentionally left blank.) N/A 6.7 Prior to the issuance of the building permit for each building within the boundaries of the Property, Developer shall pay a Park Fee of $0.50 for each square-foot of building area. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. No Building Permits have been issued. 6.8 (This section is intentionally left blank.) N/A 6.9 (This section is intentionally left blank.) N/A 6.10 Agreement to cast affirmative ballots for formation of one or more assessment districts for maintenance of parkway and median landscaping and street lighting, including but not limited to all water and electricity costs. Agreement to form property owner’s association(s) to provide landscape, street lighting and park (if necessary) open space land, trails, drainage facilities maintenance and compliance with NPDES requirements. To date no assessment district has been required. 6.11 Agreement to pay any fees and payments pursuant to this Agreement without reservation. Developer is in compliance with all requirements at this time. 6.12 Payment of Los Angeles Avenue Area of Contribution (AOC) Fee. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. No Building Permits have been issued. 6.13 Provide for a 50-year life, as determined by the City Engineer, for all public street improvements. To be part of the Street Improvement Plans to be reviewed and approved by the City Engineer. 6.14 Agreement to pay any fees and payments pursuant to this Agreement without reservation. Developer is in compliance with all requirements at this time. 6.15 Agreement to comply with requirements for annual review of the Agreement including evaluation of Mitigation Monitoring Program. Deposit $25,000.00 for the cost of annual reviews through November 18, 2021. After November 18, 2021, the Developer shall pay fees on an annual To date, the applicant has complied with review requests and Mitigation Monitoring Program requirements. Payment of $25,000.00 deposit has been made and the associated 2023 Annual Review fee has been submitted to the City. 366 Honorable City Council 10/18/2023 Regular Meeting Page 4 No. Requirement Status basis for each review pursuant to the fees in effect at the time of submittal. 6.16 (This section is intentionally left blank.) N/A 6.17 Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. No request for property to be acquired by eminent domain has been submitted to date. 6.18 Prior to recordation of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, Project Approvals, and MND, should the deposit fund for this project have a negative balance. Developer is in compliance with all requirements at this time. Fund review ongoing. 6.19 In the event any of the "referenced Index" or "CPI" referred to in any portion of Section 6 above, are discontinued or revised, such successor index with which the "CPI" and or "referenced Index" are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the "CPI" and "referenced Index" had not been discontinued or revised. “Referenced Index” and “CPI” continue in use and have not been replaced with a successor index. 6.20 Upon receipt of a written request by the City Manager or his/her Designee. Developer shall dedicate the full right-of-way for North Hills Parkway along the reach of the Project from Los Angeles Avenue on the south to the railroad on the north. Developer agrees to participate in a community facilities district or other financing mechanism for the construction of North Hills Parkway or allowed to pay $2,000,000.00. Commencing on January 1, 2013, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ("annual indexing"). Dedication and participation in a funding mechanism has not been initiated. 6.21 Developer to pay for all costs of installation and to install traffic signals at the intersection of Los Angeles Avenue and North Hills Parkway and the intersection of the Property entrance and North Hills Parkway. The developer is currently working with Caltrans to confirm configuration of the dedication area for the Los Angeles Avenue widening and improvements. 367 Honorable City Council 10/18/2023 Regular Meeting Page 5 No. Requirement Status 6.22 If City, within 5 years of the issuance of the first final building permit to allow occupancy of a building on the site, approves a funding mechanism for a minimum 8 foot high soundwall for the residential properties on the south side of Los Angeles Avenue, Developer agrees to pay City $350,000 toward the soundwall. No Building Permits have been issued. 6.23 Developer to construct and maintain a private road perpendicular to North Hills Parkway and to connect said road to the existing access easement for the adjacent properties to the west. Developer shall also extend said road approximately 369 feet to the west across the 6.0 acre property immediately to the west to line up with the driveway in the southern parking lot of the property further west. No Building Permits have been issued. 6.24 Developer to acquire all necessary property and Caltrans and City permits, and construct improvements in Los Angeles Avenue for the project frontage. The developer is currently working with Caltrans to confirm configuration of the dedication area for the Los Angeles Avenue widening and improvements. 6.25 Developer agrees to execute a tri-party maintenance agreement with Caltrans and the City of Moorpark to guarantee maintenance of the landscaping along both the north and south sides of Los Angeles Avenue along the property frontage. The developer is coordinating with Caltrans to confirm configuration of the dedication area for LA Avenue widening and improvements. 6.26 Provide a location and $25,000.00 for a City Welcome Sign on the Project site prior to occupancy of the first building. To date, no building permits have been issued. 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 7.11, summarized below. No. Requirement Status 7.1 Agreement to commit reasonable time and resources on expedited and parallel processing of application for subsequent applications. To date, City has complied with any such requests. 7.2 If requested, at the developer’s cost, proceed to acquire easements or fee title to land in order to allow construction of required public improvements. To date, no such request has been received. 7.3 Authorization for the City Manager to sign an early grading permit. To date, no such request has been received. 368 Honorable City Council 10/18/2023 Regular Meeting Page 6 No. Requirement Status 7.4 Agreement to process concurrently, whenever possible, all land use entitlements for the same property (so long as deemed complete). To date, City has complied. 7.5 Agreement that Park Fee required per Section 6.7 meets obligation for park land dedication provisions of state law and local codes. To date, City has complied. 7.6 City agrees that credit will be given toward the Art in Public Places Fee required pursuant to subsection 6.11 by the integration of artwork into the wall required immediately south of the flood control channel along the Los Angeles Avenue frontage, if said artwork is approved by Caltrans and by the City Council. To date no artwork has been proposed. 7.7 Development fees based on project area shall be calculated using the area for private use after dedication of public rights of way, the private road providing access from North Hills Parkway to the property to the west, and the exclusive easements to the Watershed Protection District for flood control purposes. Unless otherwise specified, development fees based on building floor area shall be calculated using gross floor area as defined by the Zoning Ordinance. To date, no payment has been made. 7.8 Agreement to facilitate reimbursement to developer of any costs incurred that may be subject to partial reimbursement from other developers. To date, no such request has been received. 7.9 With the acceptance of the $25,000 City Welcome Sign contribution addressed in Section 6.26 City agrees to be responsible for any costs associated with construction and maintenance of Sign. To date, no payment has been made. 7.10 City agrees, to facilitate discussions with property owners to the west (regarding participation in a maintenance agreement of the road from North Hills Parkway parallel with Los Angeles Avenue to serve properties to the west required per Section 6.23 of this Agreement. City further agrees to consider accepting said road as a public street should Developer be unable to reach an agreement with neighboring property owners. To the extent provided by law, the City would provide for reimbursement for the extension of said road beyond the western property line. To date, no such request has been received. 369 Honorable City Council 10/18/2023 Regular Meeting Page 7 No. Requirement Status 7.11 City agrees to give Developer credit toward the payment of the Los Angeles Avenue Area of Contribution Fee as noted in Section 6.12 for the cost of certain improvements in Los Angeles Avenue and for the signalization improvements at the Los Angeles Avenue/North Hills Parkway intersection. Developer will not receive credit toward the payment of the Los Angeles Area of Contribution fee for the cost of parkway and sidewalk improvements adjacent to the southerly property line. To date, no payment has been made. 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 that the parties subject to the DA have, 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. STAFF RECOMMENDATION 1.Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Broad Reach Power has complied in good faith with the terms and conditions of the DA; and 2.Deem the 2023 annual review for this project complete. Attachment: Original Site Plan 370 ATTACHMENT 371