HomeMy WebLinkAboutAGENDA REPORT 2008 0507 CC REG ITEM 10P ACTION:_�
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director Oi
Prepared By: David Lasher, Senior Management Analy t
DATE: March 10, 2008 (CC Meeting of 5/7/2008)
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 second annual review of
the Development Agreement with NLA 118. NLA 118 has submitted the necessary
application form and fee/deposit for the 2007 annual review. The Community Development
Director has reviewed the submitted information and the project status and provides the
following report.
100063
Honorable City Council
May 7, 2008
Page 2
DISCUSSION
Current Project Status
With all construction completed on the site, occupancy of the Warehouse Discount Center
building occurred on May 15, 2007. The second building on the site is half 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 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 dedicated An easement for a"City Welcome" sign is
free and clear of liens and encumbrances. still required for this project. City staff is
preparing easement language.
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 ($22,838.00) per acre of commercial or accordance with the agreement. This fee
institutional land. was paid at the time of building permit
issuance.
5. Payment of all outstanding processing costs. This is an ongoing requirement. At this time
the developer is current with all processing
costs, including submittal of Annual Review
Application and deposit for Development
A reement-Annual Review.
6. Payment of a fee in lieu of park dedication "Park This fee is adjusted annually(until paid)
Fee"of($.50) per square foot of each building using the Consumer Price Index(CPI) in
used for commercial or institutional purposes. accordance with the agreement. This fee
was paid at the time of building permit
issuance.
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r90064
Honorable City Council
May 7, 2008
Page 3
NO. REQUIREMENT STATUS
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.
8. Warrant total gross taxable sales in the first The"first year"of operation starts twelve
year of operation to be Seven Million Dollars (12) month after the initial occupancy. Initial
($7,000,000.00), Eight Million Dollars occupancy occurred on May 15, 2007.
($8,000,000.00) in the second year, Nine Million Accordingly, this condition begins taking
Dollars($9,000,000.00) in the third year and effect on May 15, 2008, with the first annual
Ten Million Dollars($10,000,000.00) in the gross taxable sales figures due on May 15,
fourth through tenth years, commencing twelve 2009.
months after initial occupancy.
Should annual gross taxable sales not reach
annual amount for any year in first ten years,
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 adjusted for the Consumer Price Index(CPI)
at the City's sole description, provide in accordance with the agreement), was
equipment, vehicles, improvements or other paid on April 26, 2007.
items forequivalent credit toward the fee.
10. Provide easement for location and maintenance This fee has been paid. The applicant is
of a City Welcome Sign and pay Twenty Five working with City staff on providing the
Thousand Dollars$25,000.00 for construction easement. City staff is preparing easement
and erection of the sign. Ian ua e.
11. Agreement to cast affirmative ballots for The developer signed a Development
formation of one or more assessment districts Agreement agreeing to this condition.
for maintenance of parkway and median Assessment district formation is currently
landscaping and street lighting, including but not underway. The developer is currently
limited to all water and electricity costs. preparing exhibits and coordinating with
Agreement to form property owner's Caltrans on requirements for property within
association(s)to provide landscape, street the State right-of-way.
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
Buildinq 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.
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Honorable City Council
May 7, 2008
Page 4
NO. REQUIREMENT STATUS
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.
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)
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.
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 early Grading was completed prior to the
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.
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Honorable City Council
May 7, 2008
Page 5
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.
Attachments:
1. Location Map
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