HomeMy WebLinkAboutAGENDA REPORT 2006 0405 CC REG ITEM 10HMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
ITEM 10 • H *
NICAt)RPARe,, CALIFORNIA
Cotmcil Meeting
'`_.. / __ -A004
4CTiON:
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FROM: Barry K. Hogan, Community Development Directo
Prepared by Laura Stringer, Administrative Sery a Manager
DATE: March 7, 2006 (CC Meeting of 04/05/06)
SUBJECT: Consider Report of Annual Development Agreement Review for 9.0
Acres of Land Located West of Gabbert Road North of the Union Pacific
Railroad Right -of -Way (Southern California Edison Company)
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 Southern California Edison Company (SCE). The agreement was approved in
connection with General Plan Amendment (GPA) No. 97 -02 and Zone Change (ZC) No.
97 -06, for approximately nine (9) acres owned by Southern California Edison adjacent to a
proposed thirty -four and one -half (34.5) acre industrial development (A -B Properties).
These properties are 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 agreement require an annual review and report to the City Council on the
status of completion of all aspects of the agreement. 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.
S \Community Development\ADMIN\AGMTS \D A \1998 -05 sce \cc 060405 sce doc
000205
Honorable City Council
April 5, 2006
Page 2
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
the offsite improvements are within the Southern California Edison property.
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 will 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.
The City also entered into a Development Agreement with A -B Properties for the adjacent
34.5 acre property. Review of the agreement with A -B Properties is included in a separate
agenda report. Southern California Edison Company personnel have indicated that they
intend to cooperate with A -B Properties on the development and improvement
requirements for the sites.
Developer Compliance with Terms of Their Respective Agreement
Southern California Edison Company's 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.
000206
Honorable City Council
April 5, 2006
Page 3
NO.
REQUIREMENT
STATUS
1.
Compliance with Development Agreement, Project
Southern California Edison
Approvals and Subsequent approvals.
Company has not submitted
specific development proposals
beyond the General Plan
Amendment and Zone Change.
2.
Dedicated lands to be free and clear of liens and
The developers 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
ermits 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
ermits 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
ermits 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 each
Development Agreement - 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
ermits have been issued to date.
000207
Honorable City Council
April 5, 2006
Page 4
NO.
REQUIREMENT
STATUS
8.
Agreement to cast affirmative vote for the
To date, SCE is in compliance with
formation of an assessment district with the power
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 east/west
complied with prior to City Council
arterial (formerly 118 bypass) along the entire
action on subsequent approvals or
length of the west side of the property outside of
grading, whichever occurs first.
the easements for the Gabbert Channel. SCE
11.
Agreement to provide grading of right -of -way for
This requirement must be
the future east/west arterial (formerly 118 bypass).
complied with prior to subdivision
or any new use of the property.
12.
Agreement to comply with all provisions of the
This requirement will be included
Hillside Management Ordinance.
as a part of any grading plan
a roved 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, SCE is in compliance with
Redevelopment Project Area, encompassing any
this requirement.
art of the property.
16.
Agreement not to request any concession, waiver,
To date, SCE is in compliance with
modification or reduction of any fee, regulation,
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.
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.
000208
Honorable City Council
April 5, 2006
Page 5
NO.
REQUIREMENT
STATUS
18.
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.
19.
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.
20.
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 (6.21 SCE) are
constructed. The paved access road to become
emergency access only upon opening of said
improvements to the public.
21.
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.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of both agreement and include four (4)
specific provisions, as summarized below.
0002og
Honorable City Council
April 5, 2006
Page 6
#
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 Southern California Edison Company has, to date, complied in
good faith with the terms and conditions of the agreement.
STAFF RECOMMENDATION:
Accept the Community Development Director's Report and recommendation, and
find, on the basis of substantial evidence, that Southern California Edison Company
has complied in good faith with the terms and conditions of their respective
agreement with the City; and
2. Deem the annual review process complete for Southern California Edison
Company's Development Agreement.
Attachments:
Location Map
2. Tentative Tract Map
3. Status of Development Agreement Statement from Development Planning Services
on behalf of Southern California Edison
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STATUS OF DEVELOPMENT AGREEMENT (GPA 97 -2)
Over the past twelve months, there has been no substantial change occur in the status of
GPA 97 -2, the Southern California Edison parcel west of Gabbert Road and north of the Union
Pacific Railroad tracks. The intent is for this site to develop in conjunction with the development
of the A -B Properties tract map located adjacent to the north of the SCE parcel. A combination
of market conditions, design issues and physical site constraints have precluded development
to date.
It is the intent of SCE to fully cooperate in the improvement and development of this site in the
near future. SCE requests that the Development Agreement remain in effect with the same
terms and conditions upon payment of the annual review fees and action by the City of
Moorpark
CC ATTACHMENT 3 000213
1/4/2006