HomeMy WebLinkAboutAGENDA REPORT 2013 1002 CCSA REG ITEM 10I ITEM 10.1.
MOORPARK CITY COUNCIL ► :
AGENDA REPORT
TO: Honorable City Council '
FROM: David A. Bobardt, Community Development Di ctor
Prepared By: Joseph Fiss, Principal Planner
DATE: September 18, 2013 (CC Meeting of 10/02/2013)
SUBJECT: Consider 1) Report of Annual Development Agreement Review
Established in Connection with Moorpark West Studios; and 2) a
One-Year Extension for Industrial Planned Development No. 2009-01
and Conditional Use Permit No. 2009-01, Located on 44 Acres on the
North Side of Los Angeles Avenue, West of Gabbert Road, on the
Application of Los Angeles Avenue LLC, PEGH Investments, LLC,
The Kevin Newburg Trust, and The Richard S. Held Enterprises
Retirement Trust
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 18, 2011), approving a Development Agreement 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 The Moorpark West Studios, a proposal to allow a 559,450
square-foot motion picture studio complex with 12 soundstages, three office buildings,
18 studio support buildings, and surface parking on 43.04 acres located on the north
side of Los Angeles Avenue, west of Gabbert Road as shown in Attachment 1. The
Agreement remains in full force and effect for 10 years from the operative date of the
Agreement, November 18, 2011, ending November 18, 2021.
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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. The developer has submitted
the necessary application form, related materials, and fee/deposit for the annual review.
The Community Development Director has reviewed the submitted information,
including the project status and provides the following report.
DISCUSSION
Current Project Status
The project status is addressed in the attached narrative (CC Attachment 2).
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 6.29, 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 this Agreement, the Developer is in compliance with all
Project Approvals, all Subsequent Approvals for which requirements at this time.
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.
6.2 All lands and interests in land dedicated to City shall No land has been dedicated to the City
be free and clear of liens and encumbrances other at this point in time.
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.
6.3 Payment of "Development Fees" of Forty-Four These fees will be adjusted annually
Thousand Three Hundred Twenty-Five Dollars (until paid) using the Consumer Price
($44,325.00) per gross acre of industrial land. 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 These fees will be adjusted annually
Thousand, Seven-Hundred Dollars ($29,700.00) per (until paid) using the State Highway Bid
gross acre of industrial land. Price Index in accordance with the
Agreement. Fees must be paid prior to
issuance of Zoning Clearance for
Building Permit. No Building Permits
have been issued.
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No. Requirement Status
6.5 Prior to the issuance of the building permit for each Fees must be paid prior to issuance of
building, Developer shall pay an Air Quality Fee of Zoning Clearance for Building Permit.
$0.63 for each square-foot of office building area and No Building Permits have been issued.
$0.28 for each square foot of building area.
6.6 (This section is intentionally left blank.)
6.7 Prior to the issuance of the building permit for each Fees must be paid prior to issuance of
building within the boundaries of the Property, Zoning Clearance for Building Permit.
Developer shall pay a Park Fee of $0.50 for each No Building Permits have been issued.
square-foot of building area.
6.8 (This section is intentionally left blank.)
6.9 (This section is intentionally left blank.)
6.10 Agreement to cast affirmative ballots for formation of To date no assessment district has
one or more assessment districts for maintenance of been required.
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.
6.11 Agreement to pay any fees and payments pursuant to Developer is in compliance with all
this Agreement without reservation. requirements at this time.
6.12 Payment of Los Angeles Avenue Area of Contribution Fees must be paid prior to issuance of
(AOC) Fee. Zoning Clearance for Building Permit.
No Building Permits have been issued.
6.13 Provide for a 50-year life, as determined by the City To be part of the Street Improvement
Engineer, for all public street improvements. Plans to be reviewed and approved by
the City Engineer.
6.14 Agreement to pay any fees and payments pursuant to Developer is in compliance with all
this Agreement without reservation. requirements at this time.
6.15 Agreement to comply with requirements for annual To date, the applicant has complied
review of the Agreement including evaluation of with review requests and Mitigation
Mitigation Monitoring Program. Deposit $25,000.00 Monitoring Program requirements.
for the cost of annual reviews for the life of this Payment of $25,000.00 deposit has
Agreement. been made.
6.16 (This section is intentionally left blank.)
6.17 Developer agrees that any election to acquire property No request for property to be acquired
by eminent domain shall be at City's sole discretion, by eminent domain has been submitted
and only after compliance with all legally required to date.
procedures including but not limited to a hearing on a
proposed resolution of necessity.
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No. Requirement Status
6.18 Prior to recordation of this Agreement, Developer shall Developer is in compliance with all
pay all outstanding City processing costs related to requirements at this time. Fund review
preparation of this Agreement, Project Approvals, and ongoing.
NIND, should the deposit fund for this project have a
negative balance.
6.19 In the event any of the "referenced Index" or "CPI" "Referenced Index" and "CPI" continue
referred to in any portion of Section 6 above, are in use and have not been replaced with
discontinued or revised, such successor index with a successor index.
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.
6.20 Developer shall dedicate the full right-of-way for North Dedication and participation in a funding
Hills Parkway along the reach of the Project from Los mechanism or payment must be
Angeles Avenue on the south to the railroad on the completed prior to issuance of a Zoning
north. Developer agrees to participate in a community Clearance for the first Building Permit.
facilities district or other financing mechanism for the No Building Permits have been issued.
construction of North Hills Parkway or be 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").
6.21 Developer to pay for all costs of installation and to The developer is currently working with
install traffic signals at the intersection of Los Angeles Caltrans to confirm configuration of the
Avenue and North Hills Parkway and the intersection dedication area for the LA Avenue
of the Property entrance and North Hills Parkway. widening and improvements.
6.22 If City, within 5 years of the issuance of the first final No Building Permits have been issued.
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.
6.23 Developer to construct and maintain a private road No Building Permits have been issued.
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.
6.24 Developer to acquire all necessary property and The developer is currently working with
Caltrans and City permits, and construct Caltrans to confirm configuration of the
improvements in Los Angeles Avenue for the project dedication area for the LA Avenue
frontage. widening and improvements.
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No. Requirement Status
6.25 Developer agrees to execute a tri-party maintenance The developer is currently working with
agreement with Caltrans and the City of Moorpark to Caltrans to confirm configuration of the
guarantee maintenance of the landscaping along both dedication area for the LA Avenue
the north and south sides of Los Angeles Avenue widening and improvements.
along the property frontage.
6.26 Provide a location and $25,000.00 for a City Welcome To date, no building permits have been
Sign on the Project site prior to occupancy of the first issued.
building.
City Compliance with Terms of Agreement
The City's responsibilities are contained in Section 7 of the agreement and include
provisions (a) through (i), summarized below.
No. Requirement Status
7.1 Agreement to commit reasonable time and resources To date, City has complied with any such
on expedited and parallel processing of application for requests.
subsequent applications.
7.2 If requested, at the developer's cost, proceed to To date, no such request has been
acquire easements or fee title to land in order to allow received.
construction of required public improvements.
7.3 Authorization for the City Manager to sign an early To date, no such request has been
grading permit. received.
7.4 Agreement to process concurrently, whenever To date, City has complied.
possible, all land use entitlements for the same
property so long as deemed complete).
7.5 Agreement that Park Fee required per Section 6.7 To date, City has complied.
meets obligation for park land dedication provisions of
state law and local codes.
7.6 City agrees that credit will be given toward the Art in To date no artwork has been proposed.
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.
7.7 Development fees based on project area shall be To date, no payment has been made.
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.
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No. Requirement Status
7.8 Agreement to facilitate reimbursement to developer of To date, no such request has been
any costs incurred that may be subject to partial received.
reimbursement from other developers.
7.9 With the acceptance of the $25,000 City Welcome To date, no payment has been made.
Sign contribution addressed in Section 6.26 City
agrees to be responsible for any costs associated with
construction and maintenance of Sign.
7.10 City agrees, to facilitate discussions with property To date, no such request has been
owners to the west (regarding participation in a received.
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.
7.11 City agrees to give Developer credit toward the To date, no payment has been made.
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.
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 Los Angeles Avenue LLC, PEGH Investments, LLC,
The Kevin Newburg Trust, and The Richard S. Held Enterprises Retirement Trust has,
to date, complied in good faith with the terms and conditions of the agreement.
Consider a One-Year Extension for Industrial Planned Development No. 2009-01
and Conditional Use Permit No. 2009-01
On October 5, 2011, the City Council adopted Resolution 2011-3063 approving
Industrial Planned Development No. 2009-01, and Conditional Use Permit No. 2009-01
for the Moorpark West Studios project. These approvals took effect upon the effective
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date of the Development Agreement for the project. The Development Agreement,
which was approved by Ordinance No. 409 on October 19, 2011, took effect thirty days
later on November 18, 2011. The Development Agreement addresses the term of
subsequent approvals as follows:
"Term of Subsequent Approvals. The term of any Subsequent Approval, except a
tentative subdivision map or subdivision improvement or other agreements relating to
the Project, shall be one year; provided that the term may be extended by the decision
maker for four (4) additional one (1) year periods upon application of the Developer
holding the Subsequent Approval filed with City's Community Development Department
prior to the expiration of that Approval. Each such Subsequent Approval shall be
deemed inaugurated, and no extension shall be necessary, if a building permit was
issued and the foundation received final inspection by City's Building Inspector prior to
the expiration of that Approval. The term of any tentative subdivision map, should one
be approved by City during the term of this Agreement, shall be as set forth under the
Subdivision Map Act, Government Code Section 66410 et seq. and Title 16
Subdivisions, of the Moorpark Municipal Code." On November 7, 2012, the City Council
agreed to extend the Industrial Planned Development Permit an additional year, through
November 18, 2013.
In the past year, the developer has obtained the necessary permits from the Watershed
Protection District to box the channels for the road crossings and started the work. The
crossings are nearly complete. The applicant has prepared a lot line adjustment to
acquire 15 feet of the property to the west, as was shown on the approved plans.
Additionally, the applicant is continuing to work on obtaining the properties south of Los
Angeles Avenue for the street widening. Once these properties are obtained, City staff
will prepare an item for Council consideration to annex the property for the road
widening.
Although not required by the Development Agreement or project approvals, the
applicant is exploring funding through the Federal EB-5 Visa program. The EB-5 visa for
Immigrant Investors is a United States visa created by the Immigration Act of 1990. This
visa provides a method of obtaining a green card for foreign nationals who invest money
in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least
$500,000 in a "Targeted Employment Area" (TEA)), creating or preserving at least 10
jobs for U.S. workers excluding the investor and their immediate family.
Moorpark West Studios has been designated as a TEA by the State of California.
California provides customized TEA certifications for projects that qualify. Eligible TEAs
include metropolitan statistical areas (MSAs), counties, cities and census designated
places (CDPs). They also include rural areas and individual census tracts with qualifying
high unemployment that are not in already-designated metropolitan statistical areas,
counties, cities or CDPs.
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STAFF RECOMMENDATION
1. Accept the Community Development Director's report and recommendation that,
on the basis of substantial evidence, Los Angeles Avenue LLC, PEGH
Investments, LLC, The Kevin Newburg Trust, and The Richard S. Held
Enterprises Retirement Trust have complied in good faith with the terms and
conditions of the agreement.
2. Deem the annual review process complete.
3. Direct the Community Development Director to issue a letter granting a one-year
extension of Industrial Planned Development No. 2009-01 and Conditional Use
Permit No. 2009-01 (Moorpark West Studios), to November 18, 2014.
ATTACHMENTS:
1. Site Plan
2. Narrative from Triliad Development, Inc.
3. Extension request from Triliad Development, Inc.
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site plan
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laiTriliad
Development Inc.
January 24, 2013 270 Conejo Ridge
Suite 200
Thousand Oaks
California 91361
T 805.379.9800
Mr. David Bobardt
F 805.379.9560
City of Moorpark
799 Moorpark Ave.
Moorpark,CA 93021
Re: Moorpark West Studios Annual Review Application
Dear David:
Below is a summary of activities related to the project in 2013.
-Construction of the Bridges began in June 2013 and will be completed in September 2013.
-We are working with CalTrans to confirm configuration of the dedication area for the LA Avenue Street
widening and will work with Smith Hoist and Latasa to get the easements signed and recored as needed
for the annexation and dedication to you so you can begin annexation process.
-Lot line adjustment has been approved and recorded so we can complete the swap of lot 16. We
should have the lot swap completed by October 2013.
-MWS is exploring financing through the EB5 program. We have hired a consultant who specializes and
has completed funding using the EB5 program. We received approval that Moorpark West Studios
qualifies as a TEA by the State of California, this approval was received in August 2013 and we are now
proceeding to have a consultant prepare the economic report to support the projected jobs.
Sincerely,
Valerie Draeger i
Triliad Development, Inc.
--`------
ATTACHMENT 2
-j 247
T r i I i ad
Development Inc.
270 Conejo Ridge
Suite 200
Thousand Oaks
California 91361
August 27, 2013 T 805.379.9800
F 805.379.9560
Mr. Joe Fiss
Principal Planner
City of Moorpark
700 Moorpark Ave.
Moorpark, CA 93021
Re: Entitlement Extension Request
Dear Mr. Fiss,
I am requesting a one year extension of our entitlements which are:
Industrial Planned Development 2009-01
Conditional Use Permit 2009-01
Development Agreement 2009-02
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Valerie D aeger
ATTACHMENT 3
248