HomeMy WebLinkAboutAGENDA REPORT 2004 0707 CC REG ITEM 09FMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM q . F.
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Scott Wolfe, Principal Planner
DATE: June 30, 2004 (CC Meeting of 7/7/04)
SUBJECT: Consider Approval of an Implementation Plan for the
Improvements of Vesting Tentative Tract No. 5187
(William Lyon Homes)
BACKGROUND
As a requirement of the Development Agreement for Vesting
Tentative Tract Map No. 5187, the applicant is required to
submit for approval to the City Council an implementation plan
for the construction of on -site and off -site improvements, prior
to the issuance of a grading permit. The current applicant for
the project, William Lyon Homes, has submitted a plan (attached)
to the City Council and requests approval at this time.
DISCUSSION
The intent of an implementation plan is to identify
responsibility for grading and improvements associated with the
development of Tract 5187 and Tract 5405. In support of this,
the plan establishes a method for ensuring that sureties remain
in place and improvements are provided in the event that the
developer sells portions of the project to other developers
prior to the installation of these improvements. While the
current applicant has indicated a desire to complete the
construction of improvements, as well as, the construction of
homes, without selling off portions of the project, the required
implementation plan will ensure a smooth transition of rights
and responsibilities in the event that an unforeseen change
results in the sale of any or all of the project to another
entity.
SACommunity Development \DEV PMTS \R P D \1999 -02 West Pointe \cc agenda report implementation plan.doc 000266
Honorable City Council
June 30, 2004
Page 2
Staff has reviewed the draft implementation plan and finds it to
be consistent with established construction phasing practices.
In addition, it adequately provides for the transfer of
development responsibilities and associated sureties without
leaving a period during which no sureties would be in place.
The construction schedule has been developed in such a way as to
ensure that the required off -site improvements, particularly the
widening and re- alignment of Walnut Canyon Road and the
construction of a regional flood control basin, will be
completed early in the process.
STAFF RECOMMENDATION
Approve the implementation plan for improvements to Vesting
Tentative Tract No. 5187, subject to final language revisions by
the City Manager and City Attorney.
Attachment:
Draft Implementation Plan
0®026'7
William Lyon Homes, Inc.
Tract No. 5187 & 5405
Implementation Plan
Introduction
Subsection 6.13 of the Development Agreement for Tract 5187
states:
Prior to approval of the first grading permit for the
Property, or approval of the first final map+ of Tract
5187, whichever occurs first, Developer shall submit
and gain approval from City Council of an
Implementation Plan. The Implementation Plan shall
address the requirements for phasing and construction
responsibilities of Developer and any successors
including sureties for performance for all grading,
construction of storm drains and utilities, private
and public streets, and other private and public
improvements on or offsite required by Tract 5187, RPD
99 -2, and this Agreement. The Implementation Plan
shall also address the entities responsible and method
and timing of guarantee for each component of
Developer's obligations pursuant to Tract 5187, RPD
99 -2, and this Agreement and Developer's obligation
for a Trail Staging area as referenced in Subsection
6.9 of this Agreement. The approval of the
Implementation Plan and any Amendments thereto shall
be at the City Council's sole discretion. Prior to
sale or transfer of ownership of any portion of Tract
5187 (except individual lots after construction of
houses), Developer shall seek City approval of an
amendment to the Implementation Plan to address the
responsibilities of each entity.
This implementation plan for Tract No. 5187 addresses the
following matters as required by subsection 6.13 of Development
Agreement between the City of Moorpark and West Pointe Homes,
Inc. dated January 23, 2003:
• Construction Phasing and Responsibilities by William Lyon
Homes, as successor to West Pointe Homes, and any
subsequent single successor
• Sureties for performance for all grading, construction of
storm drains, sewer, water and other utilities, private and
public streets and other private and public improvements on
or offsite as required by the Development Agreement and
Conditions of Approval for Tract 5187 and Tract 5405
• Entities responsible, method and timing of guarantee for
each component of Tract 5187 and Tract 5405 and RPD Permits
1999 -02 and 2003 -01 (Project)
S: \Community Development \DEV PMTS \R P D \1999 -02 West Pointe \Implementation Plan.doc
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William Lyon Homes, Inc.
Tract Nos. 5187 & 5405
Implementation Plan
Sureties for the performance of all grading, storm drain, sewer,
water, street improvements and other utilities will comply with
the Development Agreement, City Engineering approved cost
estimates, and bond amounts. Surety Bonds will be completed on
applicable City approved forms and will be delivered at the time
required by City (at permit). If William Lyon Homes chooses to
sell all or a portion of the Project, the Surety Bonds securing
completion of the noted improvements are to remain the obligation
of William Lyon Homes or a single assignee.
Transfer of Responsibility
In the event of a sale of all or a portion of the Project to
another entity, William Lyon Homes or a single assignee shall
hold sole responsibility for the completion of required
improvements for Tract 5187 and Tract 5405, including, but not
limited to:
(a) Required improvements to Walnut Canyon Road.
(b) Required improvements associated with the construction of
"A" Street.
(c) Required Open Space dedications.
(d) Required Common Landscaping throughout the Project.
(e) Grading within the Project area, to establish areas graded
to an average elevation, consistent with the approved
plans, in preparation for fine grading prior to
construction of structures, and a spine network of streets
to serve those areas.
(f) Required Trail improvements.
(g) Public Trailhead.
(h) Utility installation within phase 1 of Tract 5187 of
sufficient capacity, and including "stub- outs," to serve
phase 2 of Tract 5187 of that tract.
(i) Required completion and maintenance of EIR mitigation
measures for the Project.
(j) Establishment of Homeowner's Association and interim
maintenance of common areas.
(k) Construction and maintenance of required flood control and
other drainage improvements.
(1) Design, installation, monitoring, and maintenance of
facilities to meet NPDES requirements.
(m) All public improvements in Tract 5405 including but not
limited to streets, soil nail wall, retaining walls, and
sound walls.
(n) Any additional improvements associated with the development
of the Project, as deemed necessary by the City Engineer or
Community Development Director.
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