HomeMy WebLinkAboutAGENDA REPORT 2006 0405 CC REG ITEM 10EMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM I o. E .
-
+ MOORPARK, CALIFORNIA
, ;i ,, Council Meeting
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Directo Iti
Prepared by Laura Stringer, Administrative Serv' a Manager
DATE: March 7, 2006 (CC Meeting of 04/05106)
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.
S: \Community Development \ADMTN \AGN.TS \D A \1998 -09 ab \Agenda Reports \cc 060405 ab.doc 00017--19
Honorable City Council
April 5, 2006
Page 2
The City also entered into a Development Agreement with Southern California Edison
Company (SCE) for the adjacent 9 -acre property. Review of the agreement with SCE is
included in a separate agenda report.
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 Southern California Edison 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, drainage,
street, utility and Final Map have been submitted for plan check.
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.
00(2x.90
Honorable City Council
April 5, 2006
Page 3
NO.
REQUIREMENT
STATUS
1.
Compliance with Development Agreement, Project
Although A -B Properties has
Approvals and Subsequent approvals.
gained approval of Tentative Tract
No. 5147, no additional
entitlements or permits have been
requested. No development may
take place 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.
6.
Payment of all outstanding city processing and
The Annual Review Applications
environmental processing costs.
and $2,000 deposits for Annual
Reviews were paid.
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
permits have been issued to date.
000191
Honorable City Council
April 5, 2006
Page 4
NO.
REQUIREMENT
STATUS
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 must be
for the rights -of -way for the future 118 bypass
complied with prior to City Council
along the entire length of the north side of the
action on subsequent approvals or
property and along the east side of the Gabbert
grading, whichever occurs first.
Channel, including a connector with a radius to be
The required rights -of -way have
determined by the City. The developer also
been reflected on approved
agrees to dedication of access rights to the City for
Tentative Tract Map No. 5147.
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 property.
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.
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.
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.
U 0 C: x.92
Honorable City Council
April 5, 2006
Page 5
NO.
REQUIREMENT
STATUS
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.
described in the Development Agreement.
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. To date no plans have been
submitted.
20.
Provide traffic study to determine signalization
Construction of the traffic signal, if
requirements for the Gabbert Road /Poindexter
required, shall be at the same time
Avenue intersection. The traffic study is required
as the Gabbert Road
prior to the first subsequent approval for the
improvements.
project. Developer may be conditioned to
construct or pay a fair share for the traffic signal.
21.
Construct thirty -two (32) foot wide paved access
To date no plans have been
road to serve as primary access until such time as
submitted.
improvements per Section 6.22 are constructed.
The paved access road to become emergency
access only upon opening of said improvements
to the public.
22.
Construct street improvements extending north
This requirement must be met as
from Los Angeles Avenue (SR 118) to a point
part of the site development.
approximately six hundred (600) feet north of the
railroad tracks, including an underground crossing
of the Union Pacific railroad tracks prior to
issuance of a building permit for any portion of the
property in excess of seventy per cent (70 %) of
the total acreage for all lots created by the first
Final Map. Final improvement plans and an
improvement financing plan must be approved
prior to issuance of a building permit for any
portion of the property in excess of forty per cent
(40 %) of the total acreage for all lots created by
the first Final Map.
u0C 193
Honorable City Council
April 5, 2006
Page 6
CitVCompliance 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
To date no plans have been submitted.
processing of plan checking and related
processing.
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
3. January 23, 2006 letter from John Newton
00C1,154
i
I
I
i
i
r-
I
,I
C
T
NORTH
CD
col
t
CC ATTACHMENT 1
MINES'
N p
ill!�l:
=.
S r%oJ[cT .•� —
To;
UCTDM am -c- sTRUT
'A' A "A' STMIS I . r...
TYPM1 �•.•.,. �. r• ; -• \ I laver ` . j': :.: .uw ..M
S
SWU SECTION r •� CA1WT ROAD
�'��i . � :1 • GlTY')1 YA! QCT10N
I1I
IN
r,!trUR.YL
. ..Iw. ..1......I...i• \.,' �y ` 1 UI V llrv- 11 .70�CiWY. '. / J, ,.- /° \ •r'!
+na .. 1' _ ` ''Y Lra.� � _ � ..._. u,� ra ;` •Il twn�.ol�ji :. \ ,l� ��•1 � I � r/ ! ,. � � I 1` •3 1 /0 ! .
' D••�; 't � •'� 1' - � Jar - ^-c ~r.� _- a � �I .� , � � _:�� 11 . � I � 1 :�� _ ,�4 � � : _
, ,r,: III. .• '.(' -� /✓ 1
�'•C.',a:• 'o I,(.' '\ � ._ � I) 13. /1.�1,) r� r�A ��:.� .` ' i •�' �,. it I �. ,. _
.•� :� ••1 1 .� - �- u.� \\ � —` -a..� .. � }� 'y`•` .l� � ► � My'Yr•I - f��� II i 1 �/; �. ) � wr��
i ,^ ��\ ` •:. I �. / s, +�On' �\ n'.
• t •,�:: •V. /%• � �� 1 - / � .� ►' .. _ tr_ t� LS• 1r�11 •W '1 • �'✓ - _` �`"'� /:..:%'� - .I. -Yl��i 1. , • f=
�•� � -' i f �- �Irpu Cl, {�.. ✓J`r�- Iz.., - '»",:r:......""' w.rr
•lur r.r. ,:•.y��',..� ',!'. •'(.�J' ,: _ �t�.•' n`•. '. + Ir jr% ,r ImIITY .our NI aEf�:
y`--ri� ,. .�' • .+.•'L: J�/ 1 � �f \ -/" ^ . -• C� s /� -r'*� 1 ... �./�'`/ +7•� h � -- - c.. m .�.....ow•.. » /.�
_tea% I� -1 .. :. ..- - •�r ✓rr /_, rl �,- .- J —_i. .'� � � /�' . o.< i�.�n«..�u... �w'�'r.a AM'
,'..:•..F•.. I..f ..v M ✓I'�- . h , - � C n .1•.la/rN4N.RlW •nulo... r+w...
ftir• I• _ _..11 ��/�A� �ou•�', �-� . ruw�oralo...a.ur...o..xwo waacr loo..w `•`n` w"'�..r"�.i.. w.
O'• �.�• J f ,...'' f - ;°, .n r. •••.rw rrrr r....r r+....�. ..r wl.wu• �.
C� j .,. I .��y! _ •V r. ■OGLE BOY. ' iL:.i,"%fi:i i.: -K. ,.... .. .,.o:°II%o�.ii'i. m.�L.•..,.lwan............... ....a .r..�'�'.a�"'....u.:
- ' � -, fH � -- �j�ry �.t y� �ryp�� •� mac►, .w ..�
��rr •• � }• � 1- I 1 4.�'�x�s'az =;_._ »�•"'• •. 4wYM.r Y.mmt.r Mrw � �'—'.' la.nW. r.ori t ��,•
` �:�` � � •..a..l..l n.cw.u..w.n .le l0Nr�4cO
__ ___
AJ l.IUf6Jl77rL9
GO r.)MWTONA A"00, W.
'•• rc•...; •
u of l•.n,l...n
RE y��p C.fTY OF MOORPARIC
TENT/ I!T i TRACT NO. 514 7
FOR M-2 LAW FlEb NOU:TRUL P�/RPOSES
I AI'Ii�Yr `�� Q�O►lA�tl1,TANTIIr
w.•_.. .raw.a..wo
-_ _ ..
- ......w..... -..c u..,l ..,� «
--- - - - - --
- -- -
John W. Newton & Associates, Inc.
JP2ofESSionaf consultant.
165 High St., Suite 103
Post Office Box 471
Moorpark, California 93021
Telephone (805) 378-0073
Fax No. (805) 378-0080
E: newtoncnslt @msn.com
January 23, 2006
Laura Stringer 23
Senior Management Analyst
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
Re: A -B Properties
Industrial Tentative Tract No. 5147
Annual Review of Development Agreement, Ordinance No. 250
Dear Laura:
Enclosed is the required Annual Development Agreement Review application and filing
fee.
During the past year Paul Burns, Burns Pacific Construction, Inc., General Partner, A -B
Properties, purchased A -C Construction, Inc.'s interest in the project /property. Burns Pacific
Construction, Inc. is now the owner- developer of TT -5147, and owns 100% of the project.
Development Resource Consultants, Inc., civil engineers was retained last Fall by A -B
Properties and charged with the responsibility of completing the requirements to record the final
map. The grading, drainage, street & utility plans and Final Map proposal have been submitted
to City Engineering for the first plan check. We expect this process to be completed by late
Spring -early Summer. Grading and land improvements will be initiated immediately upon
recordation. An early Grading Permit may be issued per the Development Agreement if
requested by the owner- developer.
Temporary deferral of U.P.R.R. crossing design requirements tied to the Final Map
recordation will be requested, due to the delay of the North Hills Parkway (Parsons)
engineering study which is under the direction and control of the City. Conclusions of this
study are now not expected until September 2006.
CC ATTACHMENT 3
LAND USE CONSULTING MINERAL RESOURCES DEVELOPMENT REAL ESTATE BROKERAGE
Engineering - Planning - Permits Engineering - Planning - Permits Commercial - Industrial - Land
Subdivision - Zoning Reclamation - SMARA Reports Residential - Property Management
Laura Stringer
January 23, 2006
Page 2
Please contact me if you need additional information regarding the status of the TT-5147
Final Map process.
erely,
fWJn . Ne wton
cant's Representative
Attachment
cc: Paul Burns, A -B Properties
000198