HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 11IITEM
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AGENDA REPORT J
]993
CITY OF MOORPARK
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TO: The Honorable City Council
FROM: Steven Ruenp, City Manager
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DATE: February'26, 1993 (CC Meeting of March 3, 1993)
SUBJECT: Consider Deferral of Storm Drain Requirements for
LDM 92 -1 and CPD 92 -2 (Anderson /McDonald's)
BACKGROUND:
On October 19, 1992, the Planning Commission approved
Resolution No. PC 92 -267 conditionally approving LDM 92 -1
and CPD 92 -2 for the property at the northeast corner of
Spring Road and New Los Angeles Avenue. This project
approved development of a McDonald's Restaurant on the
approximate one acre parcel on the corner of the site and
subdivision of the property. On November 4, 1992, the City
Council approved Ordinance No. 154 approving the change of
zone for the entire LDM 92 -1 site from RPD to C -2.
Conditions for approval for both the LDM (No. 51) and CPD
(No. 81) address the requirement to install a 54 inch RCP
storm drain along the westerly frontage (Spring Road) of
the site to connect to the system located at the southwest
corner of the intefsection. This installation is
consistent with the City's Master Drainage Study. The
estimated cost of this installation is about $115,000.
A representative for McDonald's recently approached the
City Manager seeking deferral of this obligation since the
McDonald's construction does not, by itself, require the
replacement of the existing drainage pipe with the
aforementioned 54 inch RCP line. As the Council is aware,
the actual drainage system improvements for Spring Road are
required by the ultimate build out of the currently
undeveloped properties in the vicinity of Spring Road and
Flinn Road, as well as the subject site. The City Engineer
has confirmed that the McDonald's project does not
necessitate the installation of the 54 inch RCP line.
DISCUSSION:
The condition to require construction of the 54 inch RCP
line along the frontage of the site is an appropriate and
usual condition for a subdivision of property. Actual
installation of such improvements are usually deferred
until initial construction on the site as part of a
Subdivision Improvement Agreement which is accompanied by
Agenda Report
Page 2
McDonald's
required sureties to assure construction. In this case,
only about one - fourth (1/4) of the site is being developed,
and an existing storm drain can serve this development.
Since a storm drain is in place and is adequate to serve
the initial building, the City can consider a deferral with
the following stipulations:
1. McDonald's pays its pro rata share, based on acreage,
of the cost of the required storm drain. The City
will hold the funds in trust pending the future
construction of the storm drain and will use the funds
for that purpose. The McDonald's payment will be
determined by the City Engineer, and its pro rata
share will include, but not be limited to,
construction, mobilization, traffic control,
appropriate project contingency, Caltrans processing,
design, inspection and contract administration costs.
2. The Subdivision Improvement Agreement for LDM 92 -1
will include language to obligate the subdivider and
its successors or assigns to: A) install the subject
storm drain improvements from the north property line
of the site to the connection at the southwest corner
of the Los Angeles Avenue /Spring Road intersection
prior to issuance of a building permit on parcel 2 of
LDM 92 -1 (the remainder of the LDM not covered by CPD
92 -2); or-B) prior to the City's approval of any
subsequent final map for further subdivision of parcel
2 of LDM 92 -1, whichever occurs first.
3. The Subdivision Improvement Agreement for LDM 92 -1
will also include the requirement to reimburse a pro
rata share of,costs to any other developer that
installs the subject storm drain along the Spring Road
frontage of LDM 92 -1 at the earliest of A or B in No.
2 above.
4. The provisions pertaining to reimbursement from others
in the event the owner of LDM 92 -1 installs the
subject storm drain as contained in condition No. 52
of LDM 92 -1 will be incorporated in the Subdivision
Improvement Agreement.
5. McDonald's will pay $2,000.00 for the City to prepare
the appropriate documents to implement these
provisions.
Agenda Report
Page 3
McDonald's
In addition to the above five (5) points, it would be
appropriate to clarify the obligation for the owner of LDM
92 -1 to reimburse TOPA (PD 1064) for certain costs as
contained in the recorded Reimbursement Agreement Relative
to PD 1064. The City Engineer has determined that of the
$100,427.75 reimbursement amount requested by TOPA, only
$81,643.25 is eligible for reimbursement. Most of the
disallowed costs ($15,000) are for sidewalk construction
which have already been reimbursed to TOPA. McDonald's
will pay approximately 27% ($22,100) of this reimbursement.
This is calculated on a pro rata basis [one (1) acre of a
total 3.85 acres]. This money when paid to the City will
be remitted to TOPA as partial payment of the required
reimbursement., The balance of the reimbursement to TOPA
will be due upon issuance of the first zone clearance for
parcel LDM 92 -1. This will also be included in the
Subdivision Improvement Agreement. In addition, McDonald's
will reimburse the City for $1,703.00, which is the cost
for review of the TOPA reimbursement documentation. This
amount is payable prior to issuance of the building permit
for McDonald's.
SUMMARY:
The proposed actions allow deferral of the 54 inch storm
drain adjacent to LDM 92 -1 for the McDonald's project upon
payment of a pro rata share of the estimated cost of the
storm drain and provides for future cost sharing and /or
reimbursement for the Spring Road storm drain by the
developer of parcel 2 of LDM 92 -1; provides for immediate
partial reimbursement to TOPA for public improvements
previously installed adjacent to the subject site; and
provides for relevant points to be included in the
Subdivision Improvement Agreement for LDM 92 -1.
STAFF RECOMMENDATION:
Defer storm drain requirements with accompanying guarantee
for future installation for LDM 92 -1 and CPD 92 -2, and
direct staff to prepare the Subdivision Improvement
Agreement consistent with this report.
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