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AGENDA REPORT 2005 0420 CC REG ITEM 09B
MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. DATE: April 8, SUBJECT: Consider Required the AppL BACKGROUND Hogan, Community 2005 (CC Meeting Approval of Improvements of ication of Pardee ITEM°L 5' NNEPW ^I''YOFMOORPARK. CALIFORNIA ACTiOt -, Development Direct! of 4/20/05) 3n Implementation Plan for Tentative Tract No. 5045 on Homes Section 6.17 of the Development Agreement for Tentative Tract Map No. 5045 requires 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. Pardee Homes has submitted a draft plan (attached) for Council consideration. DISCUSSION The implementation plan identifies responsibility and timing for grading and improvements associated with the development of Tract 5045. In support of this, the plan establishes a method for ensuring that sureties remain in place and improvements are provided if the developer sells portions of the project prior to the installation of these improvements. While Pardee Homes plans to complete the construction of the improvements and the homes without selling off portions of the project, the required implementation plan will ensure a smooth transition of rights and responsibilities if any portions of the project are sold to another builder. 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 while assuring sureties would always be in place. The construction schedule ensures that the required off -site improvements, SACommunity Development\DEV PMTS \R P D\2004 \ -01 Pardee \Implementation Plan \050420 cc agenda report.doc ��tt,, 0 `v 0ia3J �[,� Honorable City Council April 20, 2005 Page 2 particularly the connection of Spring Road to Walnut Canyon Road, will be completed early in the process. STAFF RECOMMENDATION Approve the implementation plan for improvements to Tentative Tract No. 5045, subject to final language revisions by the City Manager and City Attorney. Attachment: Draft Implementation Plan 0001111© Pardee Homes Tract No. 5045 Implementation Plan Introduction Subsection 6.17 of the Development Agreement for Tract 5045 states: Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the agreements contained in this Section 6. The plan shall address the entities responsible and method and timing of guarantee for each component of Developers obligations and is subject to City approval at its sole discretion. This implementation plan for Tract No. 5045 addresses the following matters as required by subsection 6.17 of Development Agreement between the City of Moorpark and Pardee Homes: • Construction Phasing and Responsibilities by Pardee Homes, as successor to Morrison Fountain Agoura, 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 5045 • Entities responsible, method and timing of guarantee for each component of Tract 5045 and RPD Permits 2004 -01, 02 & 03. Sureties for the performances 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 times required by City (at permit). If Pardee 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 Pardee Homes or a single assignee. CC ATTACHMENT 0000-1. -11 Transfer of Responsibility In the event of a sale of all or a portion of the Project to another entity, Pardee Homes or a single assignee shall hold sole responsibility for the completion of required improvements for Tract 5045, including, but not limited to: (a) Required improvements to Walnut Canyon Road (SR 23), including traffic signal. (b) Required dedication of Princeton Avenue right -of -way. (c) Required improvements associated with the construction of Spring Road, including, but not limited to, the off -site improvements between Charles Street and High Street, and the traffic signal at Charles Street and Spring Road. (d) Required Open Space dedications. (e) Payment of all required "one- time" fees. (f) Required Common Landscaping throughout the Project. (g) Grading within the Project area, to establish areas graded to an average elevation, consistent with the approved construction of structures, and a spine network of streets to serve those areas. (h) Required maintenance of Resource Conservation Area. (i) Required Trail improvements. (j) Public Park. (k) Required completion and maintenance of EIR mitigation measures for the project. (1) Establishment of Homeowner's Association and interim maintenance of common areas. (m) Provision of required affordable housing. (n) Construction of off -site wall along west side of Spring Road. (o) Construction and maintenance of required flood control and other drainage improvements. S: \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Implementation Plan \Pardee Homes Tract No 5045 Implemention Plan.doc (p) Design, installation, monitoring, and maintenance of facilities to meet NPDES requirements. (q) All public improvements in Tract 5045 including but not limited to; streets, retaining walls, and sound walls. (r) Any additional improvements associated with the development of the Project, as deemed necessary by the City Engineer or Community Development Director. S: \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Implementation Plan \Pardee Homes Tract No 5045 Implemention Plan.doc