HomeMy WebLinkAboutAGENDA REPORT 2014 0319 CCSA REG ITEM 10G ITEM 10.G.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT BY: p), .
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planner ,
DATE: March 3, 2014 (CC Meeting of 3/19/2014)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Vistas at Moorpark, Tract 5130,
Located on the East Side of Walnut Canyon Road, Approximately
3,500 Feet North of Casey Road, on the Application of CV Urban
Land, LLC (DBA City Ventures)
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 January 21, 2004, the Moorpark City Council adopted Ordinance No. 299 (effective
February 20, 2004), approving a Development Agreement between the City of Moorpark
and Moorpark 150, LLC, (formerly managed by SunCal Companies). The agreement
was approved in connection with the Tract No. 5130/RPD 1998-02, a 110 unit single-
family residential development located east of Walnut Canyon Road north of Wicks
Road. The agreement remains in full force and effect for twenty (20) years from the
operative date of the agreement (until February 20, 2024), or until the close of escrow
on the initial sale of the last Affordable Housing Unit, whichever occurs last. While the
entity which owns the subject property and is a party to the Development Agreement
has not changed, there has been a change in the management of that entity. Prior to
December, 2006, LSOF Moorpark Land, L.P. (LSOF) owned 95% of the member
interests in Moorpark 150, LLC. In December 2006, LSOF acquired the 5% interest
previously held by Moorpark Equity Partners, Ltd., an affiliate of the SunCal Companies.
July 23 2012, LSOF Moorpark Land, L.P., foreclosed on the project, and Armed Forces
Bank of Kansas City, Missouri, acquired the property and all project entitlements. On
December 21, 2012, CV Urban Land, LLC (DBA City Ventures), acquired the property
and all project entitlements and is the current owner.
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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 ninth annual review
of this Development Agreement. Bill McReynolds, of CV Urban Land, LLC has
submitted the necessary application form, related materials, and fee/deposit for the
2014 annual review. The Community Development Director has reviewed the submitted
information, the project status, and provides the following report.
DISCUSSION
Current Project Status
• The developer has provided condition compliance deposits and has submitted
the final map, grading plans, and drainage and street improvement plans for
engineering plan check. The plans and maps should be reaching a final review
state.
• Efforts to obtain right of entry permission for work on Walnut Canyon Road are
complete.
o All of the twenty (20) required temporary construction easements have
been obtained;
o All of the thirteen (13) necessary sidewalk easements have been obtained
and;
o All of the six (6) required storm drain easements have been obtained from
homeowners along that street.
• Caltrans plans for work in the state right-of-way along State Route 23, have been
approved and an encroachment permit for the required work has been issued
and all necessary permits for construction were in place. However, the permit
has expired and the developer will have to reapply for a new permit.
• Communications with city staff on affordable housing options continue.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Preparation of Landscape Maintenance District plans and documents is underway.
• A Community Facilities District for the project has not been formed.
• On November 19, 2008, the City Council approved Modification No. 1 to
Residential Planned Development No. 1998-02 and Tentative Tract Map No.
5130, primarily to change the timing language on the construction of Walnut
Canyon Road. The condition now states that prior to issuance of a Certificate of
Occupancy for the 50th dwelling unit or April 15, 2011, whichever comes first,
construction of roadway improvements to Walnut Canyon Road and overlaying of
the pavement on Wicks Road consistent with City standards, must be completed
to the satisfaction of the City Engineer and Public Works Director.
• On April 6, 2011, the City Council approved Modification No. 2 to Tentative Tract
Map No. 5130, primarily to change the timing language on the construction of
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Walnut Canyon Road. The condition now states that prior to issuance of a
Certificate of Occupancy for the 1st dwelling unit or April 11, 2013, whichever
comes first, construction of roadway improvements to Walnut Canyon Road and
overlaying of the pavement on Wicks Road consistent with City standards, must
be completed to the satisfaction of the City Engineer and Public Works Director.
Due to the recent acquisition of the project by City Ventures, and the short
timeframe in which to comply with the timing of this condition, the new owner was
not able to comply with the April 11, 2013 deadline. City Ventures understands
that roadway improvements to Walnut Canyon Road and overlaying of the
pavement on Wicks Road are requirements of conditions of approval of the
project, and intends to comply with the conditions (with the exception of the time
requirement which has already passed). City Ventures anticipates requesting an
updated timeline for completion with a new Residential Planned Development
(RPD) Permit application, which they anticipate filing in April 2014 (more
information provided below).
• A slope failure occurred on vacant land within Tract 5130 property (just off Valley
Road) and the developer has completed grading to remediate the slope failure to
the satisfaction of the City in 2011.
• California Department of Fish and Game issued an extension to the existing
Streambed Alteration Agreement — addendum in December 2011.
• Residential Planned Development (RPD) No. 1998-02 expired on December 17,
2012.
• City Ventures met with Dave Klotzle, Public Works Director/City Engineer on
January 9, 2013, to determine what needs to be done for final approval of
improvement plans and recordation of final map.
• City Ventures met with Caltrans on January 29, 2013, to discuss how to re-
activate Caltrans permits for work on completing required improvements to
Walnut Canyon Road.
• City Ventures contracted with Jensen Design & Surveying (Civil Engineer) to
complete improvement plans and final map recordation.
• City Ventures submitted the eleventh submittal of improvement plans on
December 12, 2013, to the City Engineer; and has indicated that the proposed
Final Map will be submitted to Ventura County for review in April, 2014. City
Ventures believes that these will be the final submittals for both the Improvement
Plans and Final Map.
• City Ventures contracted with Glenn Lukos Associates to re -activate United
States Army Corp of Engineers, California Regional Water Control Board and
California Department of Fish and Game jurisdictional permits for the project.
• On February 20, 2013, City Ventures and William Hezmalhalch Architects met
with Joseph Vacca and David Bobardt to discuss the previous RPD permit and
the process for submitting a new RPD permit application.
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• City Ventures submitted conceptual architecture to staff in January 17, 2013 for
preliminary review, using the previous RPD as a detailed guideline. City Ventures
plans on submitting an updated RPD application in April, 2014.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty-four (24) 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 the Agreement,
Developer is in compliance with all
subsequent project approvals and Mitigation
requirements at this time.
Monitoring Program.
2.
All lands and interests in land shall be dedicated
To be granted at Final Map approval.
free and clear of liens and encumbrances.
3.
Payment of "Development Fees" of eight
These fees will be adjusted annually (until
thousand six hundred thirty-five dollars
paid) using the Consumer Price Index (CPI)
($8,635.00) per residential unit and thirty-eight
in accordance with the agreement. Fees
thousand eight hundred fifty-eight dollars
must be paid prior to issuance of Zoning
($38,858) per gross acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
4.
Payment of "Citywide Traffic Fees" of four
Beginning January 1, 2005, these fees will
thousand six hundred sixty-four dollars
be adjusted annually (until paid) using the
($4,664.00) per residential unit and twenty
State Highway Bid Price Index in
thousand nine hundred ninety-eight dollars
accordance with the agreement. Fees must
($20,998) per acre of institutional land.
be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
5.
Payment of "Community Service Fees" of two
Beginning January 1, 2007, these fees will
thousand two hundred thirty-three dollars
be adjusted annually (until paid) using the
($2,233.00) per residential unit and seven
Consumer Price Index (CPI) in accordance
thousand seventy dollars ($7,070) per gross acre
with the agreement. Fees must be paid prior
of institutional land.
to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
6.
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.
7.
Payment of a fee in lieu of park dedication "Park
These fees will be adjusted annually (until
Fee" of ten thousand eighty dollars ($10,080.00)
paid) using the Consumer Price Index (CPI)
per residential unit and fifty cents ($0.50) per
in accordance with the agreement. Fees
square foot of each building used for institutional
must be paid prior to issuance of Zoning
purposes.
Clearance for Building Permit. No Building
Permits have been issued.
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NO.
REQUIREMENT
STATUS
8.
Prior to Final Map recordation, confirmation from
If determined necessary, these
Ventura County Waterworks District No. 1 that
improvements will be included in the Water
sufficient recycled water is available to serve
Works District No. 1 improvement plan
public and community owned landscape areas.
package and will be bonded for prior to
Design and construction of facilities required to
recordation of the Final Map.
deliver the reclaimed water to the project, and
payment of any connection/meter fees required
by the District.
9.
Grant a conservation easement to the City for
To be recorded with the Final Map for each
lots A, B, C, O and P. Lots A, B and P may
phase.
include wetlands, storm water detention and
debris basins and related service roads,
landscaping and decorative planting areas,
sidewalks and trails that do not interfere with the
opens ace uses.
10.
Payment of one hundred forty thousand dollars
Beginning January 1, 2005, this fee
$140,000.00 to satisfy obligation for upgrading
increases by one-half percent (0.05%) each
the intersections of Moorpark Avenue (SR 23) at
month until paid. The fee must be paid prior
Charles Street and at High Street.
to recordation of the first Final Map. No
Final Maps have been recorded to date.
11.
Provide five (5) four (4) bedroom and two bath
This obligation may be met by a ratio of one
and two (2) three (3) bedroom and two (2) bath
and one-half (1-1/2) attached for sale units
single-family detached units with a minimum of
for each required detached single-family
1,200 sq. ft. for low income (80 percent of or less
unit.
of medium income)
Provide four (4) four (4) bedroom and two bath
No fees have been collected to date for
and one (1) three (3) bedroom and two (2) bath
affordable housing activities.
single-family detached units with a minimum of
1,200 sq. ft. for very low income (50 percent of or
less of medium income)
The units shall include amenities as specified in
the agreement.
City Council approval and execution of an
Affordable Housing Implementation and Resale
Restriction Plan and an Affordable Housing
Agreement, and payment of up to a maximum of
nine thousand dollars ($9,000) for City's direct
costs for preparation of the Plan and Agreement.
Three of the low and three of the very low units
to be occupied by qualified buyers prior to
occupancy of the 501h residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 901h residential unit in Tract
5130.
No less than six (6) of the substituted for sale
units shall be located within the boundaries of the
Moorpark Redevelopment Area.
Comply with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for a
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NO.
REQUIREMENT
STATUS
three year period. No shake or wood shingle
roofs shall be approved.
Provide an HOA trust for HOA fees in excess of
$100.00.
Comply with purchase price requirements per the
agreement.
Pay closing costs not to exceed six thousand
dollars $6,000.00
12.
Pay Air Quality Fee in the amount of one
Beginning March 1, 2007, these fees will be
thousand five hundred eighty-eight dollars
adjusted annually (until paid) using the
($1,588.00) per residential unit, and for
Consumer Price Index (CPI) in accordance
institutional uses at a rate calculated by the
with the agreement. Fees must be paid prior
Community Development Department.
to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
13.
Waiver of any density bonus rights that would
Applicant has not requested density bonus
increase the number of dwelling units approved
units.
to be constructed on the property.
14.
Agreement to cast affirmative ballots for
Formation of a Landscape Maintenance
formation of one or more assessment districts for
District is in process.
maintenance of parkway and median
landscaping and street lighting, including but not
limited to all water and electricity costs.
Agreement to form property owners
association(s) to provide landscape, street
lighting and park (if necessary) open space land,
trails drainage facilities maintenance and
compliance with NPDES requirements.
15.
Payment of all City capital improvement and
Developer is in compliance with all
processing fees.
requirements at this time. Fund review
ongoing.
16.
Payment of Los Angeles Avenue Area of
Fees must be paid prior to issuance of
Contribution (AOC) Fee.
Zoning Clearance for Building Permit. No
Building Permits have been issued.
17.
Payment of seventy thousand dollars
Must be paid prior to approval of first Final
($70,000.00) to satisfy Mitigation Measures 2, 5,
Map. The fee has not yet been paid.
and 11 for open space acquisition and
maintenance, and habitat restoration and
reservation.
18.
Street improvements for North Hills Parkway
To be included with project improvement
designed and constructed for a 50 -year life.
plans.
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NO.
REQUIREMENT
STATUS
19.
Acquire property needed to improve and make
On April 6, 2011, City Council approved
improvements to Walnut Canyon Road
Modification No. 2 to Tract Map No. 5130, to
consistent with Conditions of Approval for
change timing language on construction of
Tentative Tract 5130.
roadway improvements to Walnut Canyon
Road and overlaying of pavement on Wicks
Road. Improvements must be completed to
the satisfaction of City Engineer/Public
Works Director, prior to issuance of a
Certificate of Occupancy for the 1st dwelling
unit or April 11, 2013, whichever comes first.
Due to the acquisition of the project by City
Ventures, and the short timeframe in which
to comply with the timing of this condition,
the new owner was not able to comply with
the April 11, 2013 deadline. City Ventures
understands that roadway improvements to
Walnut Canyon Road and overlaying of the
pavement on Wicks Road are requirements
of conditions of approval of the project, and
will comply with the conditions; and
anticipates requesting an updated timeline
for completion with a new Residential
Planned Development, (RPD) Permit
application, which they anticipate filing in
Aril 2014.
20.
Agreement to pay any fees and payments
Developer is in compliance with all
pursuant to this Agreement without reservation.
requirements at this time.
21.
Agreement to comply with requirements for
To date, the applicant has complied with
annual review of the Agreement including
review requests and Mitigation Monitoring
evaluation of Mitigation Monitoring Program.
Program requirements.
22.
Install six-foot (6') to eight -foot (8') high
To be installed prior to the first residential
decorative masonry wall and landscaping north
occupancy.
of the right-of-way of proposed North Hills
Parkway, subject to approval of Ventura County
Waterworks District No. 1, Community
Development Director and City Engineer.
23.
Provide cash deposit for costs related to
On September 15, 2004, Moorpark 150
formation of Community Facilities District.
LLC., submitted a $100,000.00 cash deposit
to cover the costs for the creation of the
Community Facilities District.
24.
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
after compliance with all legal requirements.
date.
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.
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City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the agreement and include nine
(9) specific provisions, as summarized below.
NO.
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
No early grading permit has been
grading permit.
requested to date.
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 that Park Fee required per section 6.7
To date, City has complied.
meets obligation for park land dedication provisions
of state law and local codes.
6.
Agreement to commence proceedings for
On September 21, 2005, the Honorable
Community Facilities District formation and incur
City Council approved the formation of a
bonded indebtedness.
Community Facilities District for this
project however, bonds have not been
issued nor have taxes been levied in
association with this district.
7,
Agreement to appoint affordable housing staff
The Economic Development and Housing
person to oversee the implementation of affordable
Manager oversees affordable housing
housing requirements.
requirements.
Agreement to respond within thirty (30) days on
acceptance or rejection of proposed affordable
housing unit per subsection 6.11.
Agreement that Developer may construct rather than
purchase affordable housing units required per
subsection 6.11.
8.
Agreement to allow for a variation of five feet (5')
Any such requests would have to be
maximum in the grades as shown on the Grading
processed as Permit Adjustments subject
Plan exhibit, subject to approval of the Community
to the approval of the Community
Development Director/City Council that the overall
Development Director.
design and visual quality would not be significantly
affected.
9.
Agreement to facilitate reimbursement to developer
To date, no such request has been
of any costs incurred that may be subject to partial
received.
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 substantial evidence that CV Urban Land, LLC, (DBA City Ventures), has, to
date, complied in good faith with the terms and conditions of the agreement, except not
meeting the timing deadline of conditions of approval for improvements to Walnut
Canyon Road and Wicks Road, as discussed in the report.
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FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Accept the Community Development Director's report and recommendation, on
the basis of substantial evidence, that CV Urban Land, LLC, (DBA City
Ventures), has complied in good faith with the terms and conditions of the
agreement.
2. Deem the annual review process complete.
ATTACHMENTS:
1. Location Map
2. Site Map
3. Narrative by Bill McReynolds, of CV Urban Land, LLC (DBA City Ventures).
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CC ATTACHMENT 3
City Ventures
February 6, 2014
Joseph Vacca, Principal Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: TTM 5130 Development Agreement
Dear Mr. Vacca:
On behalf of CV Urban Land, LLC (DBA, City Ventures) the owners of the Moorpark at Vistas
property, the following is a project update in accordance with the City's annual review process:
• City Ventures has completed updated biological studies and has submitted updated
applications to the US Army Corp of Engineers, California Department of Fish and
Wildlife and California Regional Water Quality Control Board for jurisdictional permits.
• City Ventures has submitted updated improvement plans to Caltrans and is preparing to
enter into a Highway Improvement Agreement (HIA) with Caltrans for the required work
along Walnut Canyon Road (State Route 23).
• City Ventures has completed two rounds of plan check with the City of Moorpark Public
Works Department concerning the improvement plans and final map. We will be re-
submitting on March 21, 2014 for what should be a final review of the improvement
plans and final map.
• City Ventures has completed an updated DRAFT of Vista a Design Guidelines for the
Vistas at Moorpark community. City Ventures will be working with city staff to revise
and respond to comments concerning the Design Guidelines.
Los Angeles Newport Beach www.cityventurc-s.com San Diego San Francisco
105
• City Ventures is scheduled to appear before the Moorpark City Council on
March 5, 2014 to enter into an Exclusive Negotiating Agreement (ENA) with the City of
Moorpark for the development of the off-site affordable along Walnut Canyon Road.
We are hoping to have the updated Design Guidelines before the City Council by April 2014.
City Ventures' goal is to have all Jurisdictional Permits, Caltrans Permits, Improvement Plan
Permits (Grading, Water, Sewer, Strom Drain, Streets, etc...) and the Final Map approved by July
31, 2014.
Please feel free to contact me if you have any questions or concerns.
Sincerely,
q1 1%41&__
Bill McReynolds
Vice President of Development
106