HomeMy WebLinkAboutAGENDA REPORT 2007 0307 CC REG ITEM 10IITEM
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MOORPARK CITY COUNCIL .�.
AGENDA REPORT
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared by: Joseph Fiss, Principal Planner
DATE: February 26, 2007 (CC Meeting of 03107107)
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 developers have 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.
At the same time that this Development Agreement was approved, the City also entered
into a Development Agreement with Southern California Edison Company (SCE) for an
:`,Comrrici:y : ?evo_opmen- \ADM.N \AGM'I'S \C: A \19't8-C9 ah \Acend.i ?eocr 000225
Honorable City Council
March 7, 2007
Page 2
adjacent 9 -acre property. SCE has recently requested termination of their Development
Agreement with the City. This issue is addressed in a separate agenda report.
DISCUSSION:
Proiect 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 June 7, 2004, the City Council approved the selection of a consultant to prepare a
preliminary design report for North Hills Parkway from Los Angeles Avenue on the west to
the extension of Spring Road on the east. The preliminary report is intended to address
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 informed the City that they intend to proceed with completion of
grading, drainage, street and utility plans for Tract 5147, along with recordation of the Final
Map, based on the likelihood that a financing mechanism for infrastructure may now be
feasible. A condition compliance deposit has been submitted, and grading plans, drainage
plans, street improvement plans, utility plans, and the Final Map have been submitted for
plan check. The applicant is working with Engineering and Community Development staff
to verify compliance with all applicable Development Agreement and Tract Conditions prior
to City Council consideration of the Final 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.
000226
Honorable City Council
March 7, 2007
Page 3
rNO.
REQUIREMENT
STATUS
1.
Compliance with Development Agreement, Project
A -B Properties has gained
Approvals and Subsequent approvals.
approval of Tentative Tract No.
5147, and is currently in the
process of meeting or completing
the conditions needed to obtain
City Council approval of, and
recordation of the Final Map. 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
encumbrances, including off -site property required
title 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
cents ($.25) per square foot of gross floor area.
annually (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
thousand dollars ($21,000) per acre of each lot on
annually (until paid) using the
which the building is located.
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.
5.
Payment of "Citywide Traffic Fees" of eighteen
These fees will be adjusted
thousand dollars ($18,000) per acre of each lot on
annually (until paid) using the State
which the building is located.
Highway 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.
000 Z'f
Honorable City Council
March 7, 2007
Page 4
NO.
REQUIREMENT
STATUS
6.
Payment of all outstanding city processing and
The Annual Review Applications
environmental processing costs.
and $2,400 deposits for Annual
Reviews were paid. The applicant
paid a condition compliance
deposit of $25,761.37 on March 2,
2006.
_
7.
Agreement to 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
subsequent approval.
permit issuance. No building
ermits have been issued to date.
8.
Agreement to cast affirmative vote for the
To date, A -B Properties is in
formation of an assessment district with the power
compliance with this requirement.
to levy assessments for the maintenance of
parkway landscaping, street lighting (upon Council
request - parks 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
These requirements are intended
for the rights -of -way for the future 118 bypass
to be met upon City Council action
along the entire length of the north side of the
on the Final Map. The required
property and along the east side of the Gabbert
rights -of -way were reflected on the
Channel, including a connector with a radius to be
approved Tentative Tract Map No.
determined by the City. The developer also
5147.
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
_
This requirement must be met as
the future east/west arterial (formerly 118 Bypass).
part of the issuance of a grading
permit. No grading permit has
been issued to date.
12.
Agreement to comply with all provisions of the
_
This requirement will be included
Hillside Management Ordinance.
as a part of any grading plan
approved for the roperty_ _
13.
Payment of pro -rata share of funding and
This requirement must be met as
construction of improvements identified in Gabbert
part of the issuance of a grading
and Walnut Canyon Channels Deficiency Study,
permit. No grading permit has
and acknowledgement that interim improvements
been issued to date.
{
may also be necessary.
— -- - --
000228
Honorable City Council
March 7, 2007
Page 5
NO.
REQUIREMENT
STATUS
14.
Agreement to acquire and construct dedicated
This requirement must be
public access to the properties with secondary
complied with prior to subdivision
access in compliance with public safety
or any new use of the property.
requirements.
The Final Map will not be taken to
the City Council for consideration
until there is a resolution.
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 City for future buildings.
17.
Grant a conservation easement to retain property
The conservation easement is to
west of Gabbert Canyon drain in a predominantly
be recorded with the first Final Map
open space condition, with exceptions as
for the property and is shown on
described in the Development Agreement.
the current draft of the proposed
Final Ma .
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
_
This improvement is to be
Gabbert Road from the Union Pacific /Gabbert
constructed prior to issuance of a
Road rail crossing to a point approximately one
building permit for any portion of
hundred twenty -five (125) feet north of the rail
the property in excess of forty
crossing, including surety to guarantee
percent (40 %) of the total acreage
improvement.
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
requirements for the Gabbert Road /Poindexter
improvement fees in the amount of
Avenue intersection. The traffic study is required
$26,119.00 were paid on January
prior to the first subsequent approval for the
10, 2007
project. Developer may be conditioned to
construct or pay a fair share for the traffic signal.
000229
Honorable City Council
March 7, 2007
Page 6
NO.
REQUIREMENT
STATUS
21.
Construct thirty -two (32) foot wide paved access
The paved access is shown on the
road to serve as primary access until such time as
current draft of the proposed Final
improvements per Section 6.22 are constructed.
Map and will be constructed prior
The paved access road to become emergency
to the issuance of the first building
access only upon opening of said improvements
permit.
to the public.
22.
Prior to issuance of a building permit for any
The design and improvement of
portion of the Property that exceeds seventy
North Hills Parkway will be bonded
percent (70 %) of the acreage of the total of all lots
for as part of the Final Map. The
created by the recordation of the first final Map for
design and improvement of the
the Property occurring g after the operative date of
underpass for North Hills Parkway
this Agreement, Developer shall cause to be
will be bonded for as part of the
constructed a street extending north from Los
Final Map. The developer has
Angeles Avenue (SR 118) including an
informed the City that an
underground crossing of the Union Pacific
application for an amendment to
Railroad tracks to a point approximately six
the Development Agreement and a
hundred (600) feet north of said railroad tracks
revision to the subdivision map
(improvements) within the area of the offer of
may be submitted in the future to
dedication required of Developer in Section 6.10
better address these requirements.
of this Agreement. The preliminary improvement
plans 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.
GOOPOZO
Honorable City Council
March 7, 2007
Page 7
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
processing of plan checking and related
provision in processing the Final Map
processing.
and improvement/grading 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-
To date no petition or fee payment has
Roos Community Facilities District, upon
been submitted.
receipt of 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,
submitted.
easements 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. Tentative Tract Map
00023
Location Map
CC ATTACHMENT
0002 -32
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