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Home My WebLink AboutAGENDA REPORT 2009 0520 CC REG ITEM 10H 0 ,0 CITY OF MOORPARK,CALIFORNIA City Council Meeting of 5 g ACTION: '46zy. IVIOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Planning Director Prepared By: David Lasher, Senior Management Analysi: DATE: May 8, 2009 (CC Meeting of 5/20/2009) 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 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 third 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 Planning Director has reviewed the submitted information and the project status and provides the following report. 000217 Honorable City Council May 20, 2009 Page 2 DISCUSSION Current Project 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) specific 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 the requirements at this time. MMRP of the previously certified EIR and any subsequent or supplemental environmental actions. 2. All lands and interests in land shall be dedicated An easement for a "City Welcome" sign was free and clear of liens and encumbrances. accepted by the City Council on August 20, 2008. 3. Payment of "Development Fee" of Forty This fee is adjusted annually(until paid)using Thousand Twenty-Eight Dollars($40,028.00)per the Consumer Price Index (CPI) in gross acre of commercial or institutional land. accordance with the agreement.This fee was aid at the time of building permit issuance. 4. Payment of"Citywide Traffic Fee"of Twenty-Two This fee is adjusted annually(until paid)using Thousand, Eight Hundred Thirty-Eight Dollars the State Highway Bid Price Index in ($22,838.00) per acre of commercial or accordance with the agreement. This fee was institutional land. aid at the time of building permit issuance. 5. Payment of all outstanding processing costs. This is an ongoing requirement. At this time the developer is current with all processing costs, including submittal of Annual Review Application and deposit for Development Agreement-Annual Review. 6. Payment of a fee in lieu of park dedication "Park This fee is adjusted annually(until paid)using Fee" of ($.50) per square foot of each building the Consumer Price Index (CPI) in used for commercial or institutional purposes. accordance with the agreement.This fee was aid at the time of building permit issuance. 7. Provide installation and permanent maintenance A landscape plan was submitted and of landscaping under the freeway bridge along the approved. A Three-Party Maintenance north and south sides of Los Angeles Avenue Agreement was executed on October 12, within the Caltrans right-of-way, including fencing 2006 with the landscaping and irrigation improvements if approved by Caltrans. installed and inspected April 10, 2007. SACommunity Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr\Agenda Rpts\cc 090520 agenda report.doc 8 Honorable City Council May 20, 2009 Page 3 NO. REQUIREMENT STATUS 8. Warrant total gross taxable sales in the first year The"first year"of operation started twelve(12) of operation to be Seven Million Dollars months after the initial occupancy. Initial ($710001000.00)1 Eight Million Dollars occupancy occurred on May 15, 2007. ($8,000,000.00) in the second year, Nine Million Accordingly, under the terms of the Dollars ($9,000,000.00) in the third year and Ten Development Agreement, this period Million Dollars ($10,000,000.00) in the fourth regarding the gross taxable sales provision through tenth years, commencing twelve months applies to the period of June 1, 2008-June 1, after initial occupancy. 2009. The next Development Agreement Should annual gross taxable sales not reach annual report will include information on annual amount for any year in first ten years, compliance with this term of agreement. 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 of Hundred and Seven Dollars ($66,000.00 Transportation Demand Management Fund,or at adjusted for the Consumer Price Index (CPI) the City's sole description, provide equipment, in accordance with the agreement), was paid vehicles, improvements or other items for on April 26, 2007. 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 City Thousand Dollars $25,000.00 for construction 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 for landscaping maintenance was approved on maintenance of parkway and median landscaping August 20, 2008 by Resolution No. 2008- and street lighting, including but not limited to all 2738. 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. SACommunity Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr\Agenda Rpts\cc 090520 agenda report.doc 00219 Honorable City Council May 20, 2009 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) Y p g specific 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. a lication for subsequent applications. 2. If requested, at the developer's cost, proceed to To date, no such request has been received. acquire easements or fee title to land in order to allow construction of required public improvements. 3. Authorization for the City Manager to sign an early Grading was completed prior to the previous rading permit. 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 developer To date, no such request has been received. of any costs incurred that may be 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 Planning 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 Planning Director's Report and recommendation, on the basis of substantial evidence, that NLA 1181 LLC has complied in good faith with the terms and conditions of the Agreement. 2. Deem the annual review process complete. 3. Provide direction that future annual reviews for NLA 1181 LLC will occur after the sale figures for the applicable period are available. Therefore, the annual review date will coincide with this period and this practice will continue for the life of the agreement. ATTACHMENT: 1. Location Map 000220 SACommunity Development\DEV PMTS\C P D\2004-03 Warehouse Discount Ctr\Agenda Rpts\cc 090520 agenda report.doc s _ \ A - I j P F _ ERXING / gas/ � W E lE S Pv ` S LOCATION MAP NORTH CC ATTACHMENT 1 �7 �J r�