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HomeMy WebLinkAboutAGENDA REPORT 2010 0317 CC REG ITEM 10E ITEM 10.E. -'I 1-Y OF MOORPARK,CALIFOk-: City Council Meeting of 3-17 Aylo MOORPARK CITY COUNCIL AC11ON: AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Dir ct By: David Lasher, Senior Management Analys DATE: March 4, 2010 (CC Meeting of 03/17/2010) SUBJECT: Consider Report of Annual Development Agreement Review, Established in Connection with Warehouse Discount Center at White Sage Road and the SR-23 Freeway (NLA 118, LLC) BACKGROUND/DISCUSSION 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, 2005, the Moorpark City Council adopted Ordinance No. 322 (effective November 18, 2005), approving a Development Agreement between the City of Moorpark and NLA 118, LLP, in connection with development of the Warehouse Discount Center (Commercial Planned Development No. 2004-03). The agreement remains in full force and effect for twenty (20) years from the operative date of the agreement. 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 fourth annual review of the Development Agreement with NLA 118. NLA 118 has submitted the necessary application form and fee/deposit for this annual review. The Community Development Director has reviewed the submitted information and the project status and provides the following report. 76 Honorable City Council March 17, 2010 Page 2 Current Proiect Status The Warehouse Discount Center building has been open for business since May 15, 2007. The second building on the site continues to be partially occupied by Ortho Mattress. Developer Compliance with Terms of Agreement The developer's responsibilities are included in Section 6 of the Development Agreement and include sixteen (16) speck requirements, as summarized below. Compliance with the terms and conditions of the Development Agreement has and will occur at various stages of the development process. Action by the developer and other clarifying information has been noted. NO. REQUIREMENT STATUS 1. Developer shall comply with this Agreement, Developer is in compliance with all Project Approvals, all Subsequent Approvals requirements at this time. the MMRP of the previously certified EIR and any subsequent or supplemental environmental actions. 2. All lands and interests in land shall be An easement for a City"Welcome" sign was dedicated free and clear of liens and accepted by the City Council on August 20, encumbrances. 2008. 3. Payment of "Development Fee" of Forty This fee is adjusted annually (until paid) Thousand Twenty-Eight Dollars ($40,028.00) using the Consumer Price Index (CPI) in per gross acre of commercial or institutional accordance with the agreement. This fee land. was paid at the time of building permit issuance. 4. Payment of "Citywide Traffic Fee" of Twenty- This fee is adjusted annually (until paid) Two Thousand, Eight Hundred Thirty-Eight using the State Highway Bid Price Index in Dollars ($22,838.00) per acre of commercial or accordance with the agreement. This fee institutional land. was paid at the time of building permit issuance. 5. Payment of all outstanding processing costs. This is an ongoing requirement. At this time the developer is current with all processing costs, including submittal of Annual Review Application and deposit for Development A reement-Annual Review. 6. Payment of a fee in lieu of park dedication This fee is adjusted annually (until paid) "Park Fee" of ($.50) per square foot of each using the Consumer Price Index (CPI) in building used for commercial or institutional accordance with the agreement. This fee purposes. was paid at the time of building permit issuance. 7. Provide installation and permanent A landscape plan was submitted and maintenance of landscaping under the freeway approved. A Three-Party Maintenance bridge along the north and south sides of Los Agreement was executed on October 12, Angeles Avenue within the Caltrans right-of- 2006 with the landscaping and irrigation way, including fencing improvements if installed and inspected April 10, 2007. approved by Caltrans. S:\Community Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr\Agenda Rpts\cc 100317 agenda report.doc 77 Honorable City Council March 17, 2010 Page 3 NO. REQUIREMENT STATUS 8. Warrant total gross taxable sales in the first The "first year" of operation commenced year of operation to be Seven Million Dollars twelve (12) months after the initial ($7,000,000.00), Eight Million Dollars occupancy. Initial occupancy occurred on ($8,000,000.00) in the second year, Nine April 27, 2007. Accordingly, under the terms Million Dollars ($9,000,000.00) in the third year of the Development Agreement, the first and Ten Million Dollars ($10,000,000.00) in the year of operation was the period of May 1, fourth through tenth years, commencing twelve 2008-April 30, 2009. Warehouse Discount months after initial occupancy. Center has provided documentation Should annual gross taxable sales not reach demonstrating that it met the requirement annual amount for any year in first ten years, for gross taxable sales during this period. Developer shall pay the City the difference in total gross taxable sales times 0.0075 for each year the total gross sales are not met. Credit for gross taxable sale which exceed the established amount shall be credited to offset a shortfall in any subsequent year. 9. Pay Air Quality Fee in the amount of Sixty Six This fee, Seventy One Thousand, Two Thousand Dollars ($66,000.00) in satisfaction Hundred and Seven Dollars ($66,000.00 of Transportation Demand Management Fund, adjusted for the Consumer Price Index(CPI) or at the City's sole description, provide in accordance with the agreement), was equipment, vehicles, improvements or other paid on April 26, 2007. items for equivalent credit toward the fee. 10. Provide easement for location and maintenance This fee has been paid. An easement for a of a City Welcome Sign and pay Twenty Five "City Welcome" sign was accepted by the Thousand Dollars $25,000.00 for construction City Council on August 20, 2008. and erection of the sign. 11. Agreement to cast affirmative ballots for A "back-up" assessment district for formation of one or more assessment districts landscaping maintenance was approved on for maintenance of parkway and median August 20, 2008 by Resolution No. 2008- landscaping and street lighting, including but 2738. 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. 12. Payment of all City capital improvement and Developer is in compliance with all processing fees. requirements at this time. All fees were paid to Building and Safety at the time of the Building Permit Issuance. 13. Payment of Los Angeles Avenue Area of Fees were paid prior to issuance of Building Contribution AOC Fee. Permit. 14. Agreement to pay any fees and payments Developer is in compliance with all pursuant to this Agreement without reservation. requirements at this time. 15. Agreement to comply with requirements for To date, the applicant has complied with annual review of the Agreement including review requests and Mitigation Monitoring evaluation of Mitigation Monitoring Program. Program requirements and has submitted the application and deposit for annual review. 16. Agreement that any property to be acquired by There has been no need to acquire property eminent domain shall be at City's discretion and as part of this project. after compliance with all legal requirements. S:\Community Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr\Agenda Rpts\cc 100317 agenda report.doc 78 Honorable City Council March 17, 2010 Page 4 All requirements of the Development Agreement will be considered in the City's review and approval process for all aspects of the development; including but not limited to, subsequent entitlement requests, public and private improvements, Final Maps, and building permits. City Compliance with Terms of Agreement The City's responsibilities are included in Section 7 of the agreement and include five (5) speck provisions, as summarized below. # REQUIREMENT STATUS 1. Agreement to commit reasonable time and To date, City has complied with any such resources on expedited and parallel processing of requests. application for subsequent applications. 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 received. allow construction of required public improvements. 3. Authorization for the City Manager to sign an Grading was completed prior to the early grading permit. previous annual review. 4. Agreement to process concurrently, whenever To date, City has complied. possible, all land use entitlements for the same roe so long as deemed complete). 5. Agreement to facilitate reimbursement to To date, no such request has been developer of any costs incurred that may be received. subject to partial reimbursement from other developers. 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 NLA 118, LLC has, 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, on the basis of substantial evidence, that NLA 118, LLC has complied in good faith with the terms and conditions of the Agreement. 2. Deem the annual review process complete. ATTACHMENT: 1. Location Map S:\Community Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr%genda Rpts\cc 100317 agenda report.doc 79 i i Zit s Np"' w E s LOCATION MAP NORTH CC ATTACHMENT 1