HomeMy WebLinkAboutAGENDA REPORT 2006 1206 CC REG ITEM 10LMOORPARK CITY COUNCIL
AGENDA REPORT
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TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Laura Stringer, Administrative Se r 'c Manager
DATE: November 3, 2006 (CC Meeting of 12/6/2006)
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 first annual review of the
Development Agreement with NLA 118. NLA 118 has submitted the necessary application
form, related materials, and fee /deposit for the 2006 annual review. The Community
Development Director has reviewed the submitted information and the project status and
provides the following report.
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Honorable City Council
December 6, 2006
Page 2
DISCUSSION
Current Proiect Status
• Grading permits and building permits have been issued for both buildings and shell
improvements are under construction. A Permit Adjustment has been approved by
the Community Development Director to reduce the floor area of the office and
showroom and increase the floor area of the warehouse use.
• Caltrans is currently reviewing the landscape and irrigation plans. Based on a site
visit, Caltrans has determined that the existing chain link fence at the Caltrans
property line must remain, and not be replaced with decorative tubular steel railing
with block pilasters.
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
To be completed as required.
free and clear of liens and encumbrances.
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.
has been paid.
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 ($22,838.00) per acre of commercial or
accordance with the agreement. This fee
institutional land.
has been paid.
5.
Payment of all outstanding processing costs.
This is an ongoing requirement. At this time
the developer is current with all processing
costs, including submittal of Annual Review
Application and deposit for Development
A reement - Annual Review.
6.
Payment of a fee in lieu of park dedication "Park
This fee is adjusted annually (until paid)
Fee" of ($.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
has been paid.
Honorable City Council
December 6, 2006
Page 3
NO.
REQUIREMENT
STATUS
7.
Provide installation and permanent
Caltrans is currently reviewing the landscape
maintenance of landscaping under the freeway
and irrigation plans. Based on a site visit,
bridge along the north and south sides of Los
Caltrans has determined that the existing
Angeles Avenue within the Caltrans right -of-
chain link fence must remain, and may not
way, including fencing improvements if
be replaced with decorative tubular steel
approved by Caltrans.
railing with block pilasters. Staff is working
with Caltrans on alternatives to the existing
chain link fencing including, but not limited to
painting the existing fence and additional
landscape screening.
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, which
($7,000,000.00), Eight Million Dollars
has not yet occurred.
($8,000,000.00) in the second year, Nine Million
Dollars ($9,000,000.00) in the third year and
Ten Million Dollars ($10,000,000.00) in the
fourth through tenth years, commencing twelve
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
These fees to be adjusted annually (until
Thousand Dollars ($66,000.00) in satisfaction of
paid) using the Consumer Price Index (CPI)
Transportation Demand Management Fund, or
in accordance with the agreement. Fees
at the City's sole description, provide
must be paid prior to occupancy of the first
equipment, vehicles, improvements or other
building. No occupancy permits have been
items forequivalent credit toward the fee.
issued to date.
10.
Provide easement for location and maintenance
This will occur prior to occupancy of the first
of a City Welcome Sign and pay Twenty Five
building. No occupancy permits have been
Thousand Dollars $25,000.00 for construction
issued to date.
and erection of the sign.
11.
Agreement to cast affirmative ballots for
Assessment district formation is currently
formation of one or more assessment districts
underway. The developer is currently
for maintenance of parkway and median
preparing exhibits and coordinating with
landscaping and street lighting, including but not
Caltrans on requirements for property within
limited to all water and electricity costs.
the State right -of -way. This item to be
Agreement to form property owner's
completed prior to occupancy of the first
association(s) to provide landscape, street
building.
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. Fund review
ongoing.
Honorable City Council
December 6, 2006
Page 4
NO.
REQUIREMENT
STATUS
13.
Payment of Los Angeles Avenue Area of
Fees must be paid prior to issuance of
Contribution (AOC) Fee.
Zoning Clearance for Building Permit. This
application for subsequent applications.
fee has been paid.
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
3.
evaluation of Mitigation Monitoring Program.
Program requirements and has submitted
grading permit.
the application and deposit for annual
4.
Agreement to process concurrently, whenever
review.
16.
Agreement that any property to be acquired by
No request for property to be acquired by
eminent domain shall be at City's discretion and
eminent domain has been submitted to date.
5.
after compliance with all legal requirements.
To date, no such request has been
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 has been completed
grading permit.
4.
Agreement to process concurrently, whenever
To date, City has complied.
possible, all land use entitlements for the same
property 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
Honorable City Council
December 6, 2006
Page 5
substantial evidence that NLA 118, LLC 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, 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:
Location Map
2. Site Plan
3. Narrative
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LOCATION MAP
CC ATTACHMENT 1
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DEVELOPMENT AGREEMENT ANNUAL REVIEW
NLA 118, LLC (WAREHOUSE DISCOUNT CENTER)
Owner/Developer has obtained the Grading Permit and Building Permits for the Shell
Building Improvements for the construction of two buildings at 14339 and 14349 White
Sage Road and made payment of all associated and required fees. The Owner/Developer
has completed the items noted in the Developer Agreements, Section 6 of the
Development Agreement with the exception of the following:
Section 6.7 — Irrigation and Landscaping of those areas under the freeway bridge along
the north and south sides of New Los Angeles Avenue; the area on the north side of New
Los Angeles Avenue along the entire reach of the Caltrans right -of -way, along the
southern boundary of the site.
Progress: The irrigation and landscaping plans have been approved by the
Community Development Director. The plans are in plan check with Dept. of
Transportation (Caltrans), however, at Caltrans site visit, Caltrans made the
determination that the existing chain link fence must remain and not be replaced
with decorative tubular steel fence with block pilasters. The City approved plans
reflect Caltrans decision for the existing chain link fence to remain.
Section 6.8 — Total Gross Taxable Sales
Progress: Not operational yet.
Section 6.9 — Air Quality Mitigation Fee
Progress: The fee shall be paid prior to the occupancy of the first building.
Section 6.10 — Easement on the project site and payment of $25,000 to the City for City
Welcome Sign.
Progress: The Easement and payment to be made prior to occupancy of the first
building.
Section 6.11 — Formation of Assessment District that includes offsite landscaping and
maintenance that includes Caltrans area and any drainage improvements previously
maintained by a private responsible party and then assumed by the City.
Progress: Pending Caltrans approval of plans. To be complete prior to the
occupancy of the first building.
CC ATTACHMENT 3 10/30/2006