HomeMy WebLinkAboutAGENDA REPORT 2010 0616 CC REG ITEM 10O ITEM 10.0.
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City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared by: Joseph Fiss, Principal Planner
DATE: June 8, 2010 (CC Meeting of 6/16/2010)
SUBJECT: Consider Report of Annual Development Agreement Review for 34.5
Acres of Land (Tract 5147) Located West of Gabbert Road, North of the
Union Pacific Railroad Right-of-Way (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 December 16, 1998, the Moorpark City Council adopted Ordinance No. 250 (effective
January 15, 1999), approving a Development Agreement between the City of Moorpark
and A-B Properties. The agreement was approved in connection with General Plan
Amendment(GPA) No. 97-02 and Zone Change (ZC) No. 97-06, for a proposed thirty-four
and one-half (34.5) acre industrial development. This property is located approximately
1,300 feet west of Gabbert Road, north of the Union Pacific Railroad right-of-way. The
Development Agreement remains in full force and effect for twenty (20) years from the
operative date of the agreement (until January 15, 2019).
Provisions of the agreements require an annual review and report to the City Council on
the status of completion of all aspects of the agreements. The developer has submitted
the necessary application forms, related materials, and fees/deposits. The Community
Development Director has reviewed the submitted information, including the project status
and provides the following report.
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June 16, 2010
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DISCUSSION:
Project Status
Tentative Tract No. 5147, a seventeen (17) lot subdivision proposed by A-B Properties,
was conditionally approved by the City Council on March 15, 2000, per Resolution No.
2000-1714. The approved tentative tract map includes offsite improvements for the north-
south connector to the future North Hills Parkway, and for the southerly half and easterly
extension of"C" Street to Gabbert Road. The easterly extension of"C"Street would serve
as interim access to the project until a railroad underpass and linkage to Los Angeles
Avenue are constructed. Following completion of this linkage to Los Angeles Avenue, the
"C" Street connection to Gabbert Road would be for emergency access only. Portions of
these offsite improvements are within the adjacent SCE property. Other activities had
been on hold pending resolution of funding mechanisms for infrastructure requirements.
On May 21, 2008, the City Council approved the conceptual design for the North Hills
Parkway from Los Angeles Avenue on the west to the extension of Spring Road on the
east. The conceptual design addresses crossing of the railroad at the A-B
Properties/Southern California Edison properties. With the approved and proposed
projects along the proposed alignment, there may likely be enough properties to fund,
through an assessment district or other financial mechanism, the full construction of North
Hills Parkway from Spring Road west to Los Angeles Avenue.
A-B Properties has proceeded with grading, drainage, street and utility plans for Tract
5147, along with recordation of the Final Map. A condition compliance deposit has been
submitted, and grading plans, drainage plans, street improvement plans, utility plans, and
the Final Map have been approved. The applicant is working with Engineering and
Community Development staff to verify ongoing compliance with all applicable
Development Agreement and Tract Conditions prior to City Council consideration of the
Final Map.
Additionally, the City is working with A-B Properties on modifying the map to relocate the
main access to the tract to the east-west frontage of North Hills Parkway, in order to allow
for improved access to the future railroad crossing at the north-south segment of North
Hills Parkway. On February 19, 2010, A-B Properties submitted a series of Lot Line
Adjustments to effectuate this modification of the map.
Developer Compliance with Terms of Their Respective Agreements
A-B Properties' development responsibilities are included in Section 6 of the Development
Agreement. Compliance with the terms and conditions of the Development Agreement will
occur at various stages of the development process. Action by the developer, and other
clarifying information, has been noted.
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I NO. REQUIREMENT STATUS
1 Compliance with Development Agreement, Project A-B Properties has gained approval
Approvals and Subsequent approvals of Tentative Tract No. 5147, and the
Final Map has been recorded. No
building permits may be issued until
an IPD application is filed and
approved for individual lot
development or for all of the lots in
_ the subdivision.
2. Dedicated lands to be free and clear of liens and The developer will provide clear title
encumbrances, including off-site property required to any property required for
for street extensions or improvements. dedications.
3. Payment of Park Improvement Fee of twenty-five These fees will be adjusted annually
cents ($.25) per square foot of gross floor area. (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 permits. No
building permits have been issued
to date.
4. Payment of "Development Fees" of twenty-one These fees will be adjusted annually
thousand dollars ($21,000) per acre of each lot on (until paid) using the Consumer
which the building is located. Price Index(CPI)in accordance with
the agreement. Fees must be paid
prior to issuance of Zoning
Clearance for building permits. No
building permits have been issued
to date. _
5. Payment of "Citywide Traffic Fees" of eighteen These fees will be adjusted annually
thousand dollars ($18,000) per acre of each lot on (until paid) using the State Highway
which the building is located. Bid Price Index in accordance with
the agreement. Fees must be paid
prior to issuance of Zoning
Clearance for building permits. No
building permits have been issued
to date.
6. Payment of all outstanding city processing and The Annual Review Applications
environmental processing costs. and $2,400 deposits for Annual
Reviews were paid.
7 Agreement for payment of "Air Quality Fee" to be Compliance with this requirement
calculated by the City as a condition on each must be met prior to building permit
subsequent approval. issuance. No building permits have
L _ been issued to date.
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NO. REQUIREMENT STATUS
8. Agreement to cast affirmative vote for the formation To date, A-B Properties is in
of an assessment district with the power to levy compliance with this requirement.
assessments for the maintenance of parkway
landscaping, street lighting (upon Council request-
arks conferring special benefits).
9. Agreement to pay all City capital improvement, Compliance with this requirement
development and processing fees. must be met prior to building permit
issuance. No building permits have
been issued to date.
10. Provide irrevocable offer of dedication to the City for These requirements were met upon
the rights-of-way for the future 118 bypass along the City Council action on the Final
entire length of the north side of the property and Map. The required rights-of-way
along the east side of the Gabbert Channel, were reflected on the approved
including a connector with a radius to be determined Final Map No. 5147.
by the City. The developer also agrees to dedication
of access rights to the City for the future east/west
arterial (formerly 118 bypass), except for not more
than one 1 approved intersection.
11. Agreement to provide grading of right-of-way for the Grading for the North Hills Parkway
future east/west arterial (formerly 118 Bypass). is included in the grading plan and
has been bonded for.
12. Agreement to comply with all provisions of the This requirement has been included
Hillside Management Ordinance. as a part of any grading plan
approved for the property.
13. Payment of pro-rata share of funding and The developer has bonded for these
construction of improvements identified in Gabbert improvements as agreed and
and Walnut Canyon Channels Deficiency Study,and accepted by the City in lieu of
acknowledgement that interim improvements may payment.
also be necessary.
14. Agreement to acquire and construct dedicated The developer is working with
public access to the properties with secondary Southern California Edison and
access in compliance with public safety Hitch Ranch property owners to
requirements. obtain the necessary easements for
secondary access to the property.
15. Agreement to not oppose creation of a To date, A-B Properties is in
Redevelopment Project Area, encompassing any compliance with this requirement.
art of the property.
16. Agreement not to request any concession, waiver, To date, A-B Properties is in
modification or reduction of any fee, regulation, compliance with this requirement.
requirement, policy or standard condition for any
subsequent approval, and agreement to pay all fees
imposed by the Cit for future buildings. _
17. Grant a conservation easement to retain property The conservation easement has
west of Gabbert Canyon drain in a predominantly been recorded on the Final Map for
open space condition, with exceptions as described the property.
in the Development A i�eement.
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NO. _REQUIREMENT STATUS_ _
18. Execute and record a covenant concerning The covenant was executed and
restriction of uses to be permitted in the rezoned recorded as a part of the recorded
property, consistent with Exhibit B of the Development Agreement.
_ Development Agreement
19. Agreement to submit improvement plans for Gabbert This improvement is to be
Road from the Union Pacific/Gabbert Road rail constructed prior to issuance of a
crossing to a point approximately one hundred building permit for any portion of the
twenty-five (125) feet north of the rail crossing, property in excess of forty percent
including surety to guarantee improvement. (40%)of the total acreage for all lots
created by the first Final Map. The
applicant has posted a bond for the
design work, which will be deferred
until a final alignment of the North
Hills Parkway/Highway 118 bypass
has been determined.
20. Provide traffic study to determine signalization Fair share intersection improvement
requirements for the Gabbert Road/Poindexter fees for specified intersections
Avenue intersection. The traffic study is required identified in the tract conditions in
prior to the first subsequent approval for the project. the amount of$26,119.00 were paid
Developer may be conditioned to construct or pay a on January 10, 2007. These did not
fair share for the traffic signal. include fees for improvements to the
intersection of Gabbert Road and
Poindexter Ave. The traffic study to
determine future improvements to
this intersection will be required prior
to the consideration of the Industrial
Planned Development for the
project.
21. Construct thirty-two (32) foot wide paved access The paved access has been shown
road to serve as primary access until such time as on the Final Map and will be
improvements per Section 6.22 are constructed. constructed prior to the issuance of
The paved access road to become emergency the first building permit. The
access only upon opening of said improvements to developer is working with Southern
the public California Edison and Hitch Ranch
property owners to obtain the
necessary easements for secondary
access to the pTpert __
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NO _ REQUIREMENT _ _ STATUS 1
22 Prior to issuance of a building permit for any portion The design and improvement of
of the Property that exceeds seventy percent (70%) North Hills Parkway has been
of the acreage of the total of all lots created by the bonded for as part of the Final Map.
recordation of the first final Map for the Property The design and improvement of the
occurring after the operative date of this Agreement, underpass for North Hills Parkway
Developer shall cause to be constructed a street has been bonded for as part of the
extending north from Los Angeles Avenue(SR 118) Final Map. The developer has
including an underground crossing of the Union informed the City that an application
Pacific Railroad tracks to a point approximately six for an amendment to the
hundred (600) feet north of said railroad tracks Development Agreement and a
(improvements) within the area of the offer of revision to the subdivision map may
dedication required of Developer in Section 6.10 of be submitted in the future to better
this Agreement. The preliminary improvement plans address these requirements.
must be approved by the City and a surety in an
amount and form determined by the City in its sole
and unfettered discretion to guarantee the
Improvements shall be provided prior to approval of
the first final map for the Property occurring after the
operative date of this Agreement. Prior to issuance
of a building permit for any portion of the Property
that exceeds forty percent (40%) of the acreage of
the total of all lots created by the recordation of the
first final map for the Property occurring after the
operative date of this Agreement, City must approve
in its sole and unfettered discretion the final design
plans and specifications for the Improvements and a
financing plan that demonstrates the ability to fund
the Improvements. This financing plan may include
at City's sole and unfettered discretion, use of
Citywide Traffic monies
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City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 the agreement and include four (4)
specific provisions, as summarized below.
# REQUIREMENT STATUS
1. Expedite (to the extent possible) the The City has complied with this provision
processing of plan checking and related in processing Final Map modifications and
rocessing. im rovement/ rading plans.
2 Exempt this project from payment of the No further action necessary.
Gabbert Road/Casey Road Area of
Contribution (AOC) fees.
3. Commence proceedings to form a Mello-Roos To date no petition or fee payment has
Community Facilities District, upon receipt of been submitted
landowner's petition and payment of fee.
4 Proceed to acquire, if requested, and at To date no such request has been
developer's sole cost and expense,easements submitted.
or fee title to land not held by the developer,
but necessary for construction of required
improvements. _
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 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, and
find, on the basis of substantial evidence, that A-B Properties has complied in good
faith with the terms and conditions of their agreement with the City; and
2. Deem the annual review process complete for A-B Properties' Development
Agreement.
ATTACHMENTS:
1. Location Map
2. Narrative prepared by John Newton for A-B Properties
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LOCATION MAP
CC ATTACHMENT 1 212
A-B Properties
Development Agreement
Annual Review
Page 2
NARRATIVE
The Applicant has stopped all construction except for occasional importation of fill
materials for grading of lots 1 1-17. No further work can proceed until the resolution of on-
going litigation with SCE over completion and use of the approved access road, Goldbar
Avenue, connecting the project to Gabbert Road. In addition, SCE refuses to process and
approve the Applicant's dry utility plans.
The City of Moorpark condemned the approved access & utility right of way, however,
SCE has appealed that action. An evidentiary court hearing, where SCE is contesting the City's
right to take the property, is scheduled for August 2009.
The Applicant continues to process improvement plans and has secured water &
sanitation plan approvals from WW#1. The Applicant is also working with the Fire Department
to secure Pre-Construction review and approval of access & fire flow requirements.
Finally, attached is a copy of our 2007 D.A. Annual Review transmittal wherein we
requested a correction to the staff report, Item 20. This correction was not made in the 2007 or
2008 staff reports. Please correct this item per the 2007 transmittal letter dated January 27,
2007. The required traffic study submittal and all supporting documents are in the case file.
We can supply additional copies if needed.
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CC ATTACHMENT 2