HomeMy WebLinkAboutAGENDA REPORT 2012 1219 CCSA REG ITEM 10G ITEM 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planne ��
DATE: December 5, 2012 (CC Meeting of 12/19/2012)
SUBJECT: Consider Report of 2012 Annual Development Agreement Review,
Established in Connection with Moorpark Highlands Specific Plan No.
2, a Master Planned Community, Located East of Walnut Canyon Road
and North of Charles Street, on the Application of Pardee Homes (PA 1-
6) and KB Home (PA 8-9)
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 6, 1999, the Moorpark City Council adopted Ordinance No. 263 (effective
November 5, 1999), approving a Development Agreement between the City of Moorpark
and Fountainwood Agoura (Morrison-Fountainwood-Agoura). The agreement was
approved in connection with Moorpark Highlands Specific Plan No. 2; a 445-acre, master
planned community, located east of Walnut Canyon Road and north of Charles Street.
The agreement remains in full force and effect for 20 years from the operative date of the
agreement (until November 5, 2019), or until the close of escrow on the initial sale of the
last Affordable Housing Unit, whichever occurs last.
296
Honorable City Council
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Page 2
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 2011 annual review was
completed on December 7, 2011. Pardee Homes is successor in title and current
developer of Planning Areas 1 through 7 of Specific Plan No. 2, which includes 322 single-
family residential units, (not including the 133 single family units approved in Planning Area
No. 7, which is subject to a separate Development Agreement), 102 multi-family residential
units, the open space areas, and a public park. Although Toll Brothers, Inc. has purchased
and intends to develop 132 single-family residences within Planning Areas 8 and 9, Pardee
Homes has retained responsibility for requirements of the Development Agreement, and
has therefore submitted the necessary application form, related materials, and fee/deposit
for the 2012 annual review. The Community Development Director has reviewed the
submitted information and the project status and provides the following report.
DISCUSSION:
Current Project Status
The following aspects of Specific Plan No. 2 have been completed:
• Planning Area 1, Magnolia Lane, is completed with 95 units constructed, sold and
occupied.
• Planning Area 4, Shenandoah, is completed with 78 units constructed, sold, and
occupied.
• Planning Area 5, Waverly Place, is completed with 102 multi-family units
constructed, sold, and occupied.
• All underground utilities have been constructed. All of the project's public streets
have been paved, and the final "lift" of asphalt has been completed, except
Ridgecrest Drive. Some pavement markings are pending.
• The connection of Spring Road to Walnut Canyon Road, including operational traffic
signals and the final "lift" of asphalt, opened in February 2008.
• All storm drain and utility construction has been completed, and final street grades
have been established and paved in PA 8 and 9.
• The off-site Spring Road wall plans were approved by City Council and staff and
Pardee acquired rights-of-entry from property owners, and completed construction
of the wall and associated landscaping. The City accepted the maintenance
responsibility of the landscaping in February, 2008.
• Public park improvements have been completed, and the Mammoth Highlands Park
opened on July 29, 2009.
• KB Home constructed the model home complex for Planning Areas 8 and 9, which
included three model homes, and a parking area. Toll Brothers purchased the lots
in these planning areas and has installed a new sales trailer, and is only marketing
two models for selling homes.
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The following aspects of Specific Plan No. 2 are currently underway:
• Planning Area 2, Cherry Hill, has 63 houses constructed and occupied, and the
pool/recreation facility constructed and open to residents. There are 33 lots that
remain undeveloped at this time.
• Planning Area 3, Cherry Hill has 66 houses constructed and occupied, and the
pool/recreation facility constructed and open to residents. There are 10 lots that
remain undeveloped at this time.
• Pardee submitted a Zoning Ordinance Amendment Case No. 2009-01, to Specific
Plan No. 2, Residential Planned Development(RPD) Permit No. 2009-02,Tentative
Tract Map No. 5860, Development Agreement applications on September 18, 2009.
The applications propose to amend Specific Plan No. 2, Moorpark Highlands, to
change Planning Area No. 7 from a school site to residential land use, Tentative
Tract Map No. 5860 intends to subdivide the 22 acre property into one-hundred-
thirty-three (133) single-family residential lots on property located at the southeast
corner of Ridgecrest Drive and Elk Run Loop, and west of Happy Camp Canyon
Regional Park, and Residential Planned Development Permit No. 2009-02 intends
to develop 133 single family detached homes; the project includes a Development
Agreement. The applications were approved by the City Council on July 7, 2010.
• Toll Brothers, Inc. acquired Planning Areas 8 and 9 from KB Home, on November
30, 2009.
• Toll Brothers, Inc. submitted an application for Modification No. 1 to RPD 2004-02
and 03 a request for approval to add three new floor plans to the approved
architecture and adjust the plotting and unit mix, of 132 Single Family Homes in,
Planning Areas 8 and 9 of Moorpark Highlands, (Tract 5045-8). This was approved
by the City Council on November 17, 2010.
• Toll Brothers, Inc. is currently constructing single family homes within Planning
Areas 8 & 9.
• Pardee completed the public multi-use trails along Spring Road and Ridgecrest
Drive and the City has accepted maintenance of those improved multi-use trails.
Work is proceeding by Pardee, on completion of the public multi-use trails
surrounding the Toll Brothers, Inc. development, within Tract 5045-8; and the City
has not yet accepted maintenance of these multi-use trails.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include 32 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.
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NO. REQUIREMENT STATUS
1. Compliance with Development Agreement, To date the developer is in compliance with
project approvals and subsequent approvals. this requirement.
2. Land dedicated to the Moorpark Unified School An agreement with Moorpark Unified School
District(MUSD)to be deed restricted by covenant District was reached on November 18, 2005.
to limit use of the land to school facilities for In October, 2008, MUSD indicated it was no
kindergarten through 12th grade. longer interested in acquiring the site. This
action spurred further discussions by Pardee,
MUSD and the City. The result was City
Council's approval of a Memorandum of
Understanding, (MOU), between the City and
Pardee Homes, on April 1, 2009. The MOU
allowed Pardee Homes the ability to submit an
application for residential development of the
school site for a maximum of 225 residential
units. On September 18, 2009, Pardee
Homes filed a Specific Plan Amendment,
Development Agreement, Residential Planned
Development Permit and Tract Map No. 5860,
applications for 133 single family detached
housing units on Planning Area 7, the former
school site. The City Council approved the
project on July 7, 2010.
3. Lands and interests in dedicated lands to be free The developer must provide clear title to any
of liens and encumbrances. property required for dedications. Final maps
were reviewed for compliance with this
requirement prior to recordation.
4. Payment of "Development Fees" of seven These fees are adjusted annually (until paid)
thousand three hundred dollars ($7,300.00) per using the Consumer Price Index (CPI) in
residential unit and thirty two thousand eight accordance with the agreement. Fees must
hundred dollars ($32,800.00) per gross acre of be paid prior to issuance of Zoning Clearance
institutional land. for Building Permit. This fee has been paid
for all Zoning Clearances for Building Permits
which have been issued to date. Cost
indexing commenced one year after issuance
of first model home building permit,which was
issued August 18, 2005.
5. Payment of "Citywide Traffic Fees" of four These fees are adjusted annually (until paid)
thousand dollars ($4,000.00) per residential unit using the State Highway Bid Price Index in
and eighteen thousand dollars ($18,000.00) per accordance with the agreement. Fees must
acre of institutional land. be paid prior to issuance of Zoning Clearance
for Building Permit.This fee has been paid for
all Zoning Clearances for Building Permits
which have been issued to date.
6. Payment of "Community Service Fees" of five These fees are adjusted annually (until paid)
hundred dollars ($500) per residential unit and using the Consumer Price Index (CPI) in
two thousand two hundred fifty dollars ($2,250) accordance with the agreement. Fees must
per gross acre of institutional land. be paid prior to issuance of Zoning Clearance
for Building Permit.This fee has been paid for
all Zoning Clearances for Building Permits
which have been issued to date.
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NO. REQUIREMENT STATUS
7. Granting of a conservation easement to the City The conservation easement was included on
to retain the Open Space lots within Planning the Final Map for Tract No. 5045-1.
Areas 10, 11, 14, 15 and 16, allowing only those
uses permitted in the Development Regulations of
the Specific Plan Open Space Zones.
8. 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
Agreement-Annual Review.
9. Dedication of approximately seven (7) acres of Dedication of the park site was included on
parkland to the City,including construction of park the Final Map for Tract No. 5045-1. The
improvements, as detailed in the agreement. improvements to the park are to be completed
prior to occupancy of the 350th dwelling unit.
Prior to occupancy of the 500th residential unit,
the developer shall also submit a cash deposit
of $350,000.00 to fund replacement of park
amenities. The park has been completed,and
officially opened to the public on July 29,
2009.
10. Construct public streets adjacent to school and Street improvements have been constructed,
park sites. except for final pavement layer and bringing
manhole covers to grade. Spring Road was
completed February, 2008.
11. Construct appropriately sized water line, pumping At the present time, no connection points
facilities, and storage facilities for recycled water. exist, or are planned within the vicinity of the
project.
12. Dedication of greenbelt, open space areas, The trails, greenbelts and open space areas
landscape areas, and trails to the City. Such were included on the Final Maps for No.5045-
areas not dedicated to the City shall include a 1, -2, -3,-4 and-5,which have been recorded.
conservation easement to the City. Final Maps for Tract No. 5045-6 through 8
have also been approved by City Council and
recorded. The trails were also included on the
rough grading plan and landscape plans, but
the tr2,ils have not yet been fully accepted by
the City as part of the LIVID acceptance and
turnover.
13. Grant a conservation easement to the City for The conservation easements were included
Planning Areas 12 and 13 to insure public open on the Final Map for Tract No. 5045-1.
space.
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NO. REQUIREMENT STATUS
14. Prior to recordation of the first final map, provide A Purchase and Sale Agreement in lieu of an
a City Council approved Affordable Housing Affordable Housing Agreement has been
Implementation and Resale Restriction Plan signed.
(Plan)with provisions for: Construction of all the 102 housing units in PA
Buyers who meet the criteria for low income 5 is complete. This Planning Area is made up
(80%of median income): of the multi-family tri-plex housing units,some
Twelve (12) three (3) bedroom and two (2) of which contain affordable housing units; in
bath units no less than 1050 square feet in compliance with the affordable housing criteria
size. for the overall project. Provision of the
Thirteen (13) four (4) bedroom and two (2) required twenty-five affordable units has been
bath units at no less than 1425 square feet in satisfied. Three additional affordable units
size. were provided to partially satisfy the affordable
Prior to occupancy of the first residential unit, housing requirements related to development
execute an Affordable Housing Agreement that of Planning Area No. 7.
incorporates the Plan. The $5,000.00 payment has been received.
Pay City's direct cost, up to five thousand dollars The Payment In-Lieu Fees are adjusted
($5,000.00) for preparation and review of the annually(until paid)using the Consumer Price
Implementation and Resale Restriction Plan and Index (CPI) in accordance with the
Agreement. agreement. Fees must be paid prior to
Payment of In-Lieu Fees of three thousand, five issuance of Zoning Clearance for Building
hundred eighty dollars ($3,580.00) per unit (for Permit.
each of the dwelling units in the project). The In-Lieu fee has been paid for all Zoning
Clearances for Building Permits which have
been issued to date.
15. Agreement to Mitigation Measures included in the Community Development staff will provide the
Final Environmental Impact Report (EIR) lead in Mitigation Monitoring. Air Quality Fees
including payment of "Air Quality Fee" to be (TSM)will be calculated and collected prior to
calculated as a condition of the issuance of Zoning Clearance for Building Permit.This fee
building permit for each unit. (as calculated using URBEMIS)has been paid
for all Zoning Clearances for Building Permit
which have been issued to date.
16. Installation of block wall fencing and landscape The plans have been approved by staff and
screening along the east side of Spring Road construction was completed in March, 2008.
along the rear of the homes on Sir George Court.
17. Submit and gain approval from City Council of a An Implementation Plan was approved by City
plan to guarantee the agreements contained in Council on April 20,2005. Pardee Homes has
Section 6. retained responsibility for the items under the
plan, except for construction of the residential
units in Planning Areas 8 and 9.
18. Install traffic signals as determined by the City. Design of five(5)traffic signals were included
in a City contract, but paid for by Pardee. All
five (5) traffic signals, as approved and
permitted by the City, were constructed by
Pardee and four became fully operational in
February, 2008. The one internal traffic signal
which is installed and not yet operational is at
the intersection of Elk Run Loop and
Rid ecrest Drive.
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19. Waive rights to any density bonus that would To date, the developers have complied with
increase the number of dwelling units approved this requirement.
per Specific Plan No. 2.
20. Agreement to cast affirmative ballot for formation To date, the developers have complied with
of an assessment district for maintenance of this requirement.
parkway and median landscaping,street lighting,
and parks.
21. Agreement to pay all City capital improvement, To date, the developer has complied with this
development and processing fees. requirement.
22. Formation of one (1) or more property owners These requirements have been included in the
associations to assume ownership and CC&Rs prepared for the project. The CC&Rs
maintenance of open space land, trails,and other were reviewed and approved by the City
amenities. Attorney and staff prior to final recordation of
the CC&Rs.
23. Provide irrevocable offer of dedication to the City The offer was included on the Final Map for
for the future rights-of-way for State Route 23 and Tract No. 5045-1
State Route 118.
24. Provide vehicular access to properties west of These access rights are shown on Final Map
Spring Road. Tract No. 5045-1. A grant deed is required for
the private access easement. Final design of
access improvements are under review by
staff.
25. Construct a solid block wall to replace existing A noise study was completed using projected
block wall/wrought iron fence along the Spring traffic counts for project build out and the
Road and Charles Street frontages (if deemed study concluded that new sound walls would
necessary by the City). not be required. The Community
Development Director concurred with the
recommendations of the report, and
determined that sound walls were not
required.
26. Remove existing block walls/fences and construct The off-site Spring Road wall plans were
a solid decorative block wall along the west side approved by City Council and staff and
of Spring Road. Pardee acquired rights-of-entry from property
owners, and completed construction of the
wall and associated landscaping. The City
accepted the maintenance responsibility of the
landscaping and wall in February, 2008.
27. Provide irrevocable offer of dedication to the City The offer of dedication for Princeton Avenue
for ultimate build out of"Old"Los Angeles Avenue was included on Final Map of Tract No. 5045-
(Princeton Avenue) improvements and Spring 1. All Spring Road improvements were
Road improvements not required to be constructed by Pardee, and required
constructed by the developer. dedications have either been shown on the
final map or were acquired by Pardee for the
City by separate instrument.
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28. Acquire the property needed to improve the The developer has acquired the necessary
intersection of Charles Street and Spring Road property. Utility construction and street
and provide improvements as determined by the construction has been completed, including
City. final pavement. The developer has submitted
a payment to the City as a buyout of the
improvement requirement; and has prepared
a grant deed to offer the property on the
southwest corner of Spring Road and Charles
Street to the City. Staff is reviewing the grant
deed for completeness and will present the
offer to the City Council for acceptance once
the document is reviewed by staff.
29. Provide irrevocable offer of dedication to the City Irrevocable offer of dedication to the City was
for right-of-way for the extension of"C" Street. included for recordation of Final Map Tract
No. 5045-1.
30. Construct a public trail system as identified in the These improvements were required as part of
Specific Plan, including a cash deposit of one Final Map review. All Final Maps have been
hundred fifty thousand dollars ($150,000.00) to approved by City Council, and recorded.
fund the maintenance of the trail system. Pardee completed the public multi-use trails
along Spring Road and Ridgecrest Drive
based on a City approved design; and the City
has accepted maintenance of those improved
multi-use trails. Work is proceeding by
Pardee, on completion of the public multi-use
trails surrounding the Toll Brothers, Inc.
development, within Tract 5045-8 based on a
City approved design; and, the City has not
yet accepted maintenance of these multi-use
trails.The required$150,000.00 maintenance
deposit is due prior to occupancy of the 5001h
unit.
31. Provide irrevocable offer of dedication to the City The dedication was included on the Final Map
for Planning Area 17. for Tract No. 5045-1.
32. Payment of one hundred twenty five thousand The required contribution was paid on July 27,
dollars ($125,000.00) to satisfy the Final EIR 2006 and deposited in the City Wide Traffic
Transportation/Circulation Mitigation Measure 2, Mitigation Fund (2002).
and for the developer's share of contribution to
intersection improvements at Los Angeles
Avenue and Tierra Rejada Road.
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 12
specific provisions, as summarized below:
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NO. REQUIREMENT STATUS
1. Commit necessary time and resources on expedited The RPD's, ZOA's and Modification to the
parallel processing for subsequent approvals. Tentative Tract Map were processed
concurrently as they were submitted.
2. Commence proceedings to form a Mello-Roos A Community Facilities District has been
Community Facilities District, upon receipt of a approved by City Council.
landowners' petition by Developer and Developer's
payment of a fee, as prescribed in California
Government Code Section 53318, City shall
commence proceedings to form a Mello-Roos
Community Facilities District, ("District")and to incur
bonded indebtedness to finance all or portions of the
public facilities infrastructure and services that are
required by the Specific Plan and that may be
provided pursuant to the Mello-
Roos Community Facilities Act of 1982, (the "Act");
provided, however, the City Council, in its sole and
unfettered discretion, may abandon establishment of
the District upon the conclusion of the public hearing
required by California Government Code Section
53321 and/or deem it unnecessary to incur bonded
indebtedness at the conclusion of the hearing
required by California Government Code section
53345. In the event that a District is formed, the
special tax levied against any residential lot or
residence thereon shall afford the buyer the option to
prepay the special tax in full prior to the close of
escrow on the initial sale of the developed lot by the
builder of the residence.
3. Proceed to acquire, if requested, and at developer's The developer has acquired the necessary
sole cost and expense,easements or fee title to land property.
not held by the developer, but necessary for
construction of required improvements.
4. Authorization for City Manager to sign an early An Early Grading Agreement has been
grading agreement. executed, and mass grading has been
completed.
5. Agreement to allow concurrent processing of land Concurrent processing has been done.
use entitlements for the same property, so long as,
deemed complete.
6. Agreement that the land and improvements required Per this Agreement.
under subsection 6.9 of the Development Agreement
meet the developer's obligation for park land
dedication for the designated 570 units.
7. Agreement to allow the developer to receive the Per dedication of public open space area.
maximum amount of tax benefit for dedication of
public open s ace in Planning Areas 12 and 13.
8. Agreement to appoint an affordable housing staff David Moe, is the City's housing coordinator.
person to oversee the implementation of the
affordable housing requirements.
9. Agreement to allow for a variation of five feet (5') Per this Agreement.
maximum in grades as shown on the grading exhibit
for Specific Plan No. 2, subject to approval of the
Community Development Director.
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Page 10
NO. REQUIREMENT STATUS
10. Agreement to limit the payment of the Los Angeles Pardee completed an overpayment of AOC
Avenue Area of Contribution (AOC) fee to only the fees for a total of 558 residential units, when
first four hundred seventy five(475)residential units the requirement was for a payment for 475
and any institutional uses within the project. The units; and Pardee paid for institutional uses
AOC fee shall be the amount in effect at the time of (which include the private pool lot recreation
issuance of building permit. areas, and residential project AOC fees were
not required to be collected for the 7 acre
public park site). Pardee has been refunded
for the overpayment.
11. Agreement to facilitate the reimbursement to the Pending construction of potentially
developer of costs incurred that may be subject to reimbursable improvements. No request has
partial reimbursement from other developers. been submitted to date.
12. Agreement that the developer shall not be required Per this Agreement.
to pay the Gabbert Road/Casey Road Area of
Contribution Fee referenced in the Final EIR.
(Specific Plan No. 2 is not within the boundaries of
this AOC).
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 Pardee Homes has, to date, complied in good faith with the terms
and conditions of the agreement.
FISCAL IMPACT
None.
STAFF RECOMMENDATION:
1. Accept the Community Development Director's report and recommendation that, on
the basis of substantial evidence, Pardee Homes has complied in good faith with
the terms and conditions of the agreement.
2. Deem the 2012 annual review process complete.
ATTACHMENTS
1. Location Map
2. Site Plan
3. Letter from Pardee Homes, dated November 30, 2012.
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'Hol>ital 1-onserwt,on Area 101.3 Ac. Re"'Jcnliui Area 17.4 Ac. TOTAL:::92.4 Ac.
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PA15045-2 SF Residential 95 Units CC ATTACHMENT 2
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1 rdeeHomes Amy L. GLAD
Senior Vice President,Govemmental Affairs
10880 Wilshire Boulevard,Suite 1900
Los Angeles,California 90024-4101
Phone: (310)446-1240
Fax: (310)4461293 r . r
E-Mail: amy.glad@pardeehomes.com ",'"" v P"°"
November 30, 2012 X11 Y 400 NI 0 PI PAR"
Mr. Joe Vacca
Principal Planner
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93012
RE: Development Agreement Annual Review
Dear Joe:
Enclosed are the Application, Fee, and submittal materials requested for
our Annual Development Agreement Review. As you know, a good
portion of the project has been constructed to date. A status update is
provided below.
• All lots in Tract 5045-2 (Magnolia Lane) have all been released
and all homes are occupied.
• A portion of the lots in Tract 5045-3 (Cherry Hill) have been
released and are occupied. Within Tract 5045-3, a total of 43
homes are still in need of building permits (note: building permits
for lots 40, 41, 52, 53, and 54 were pulled but may have expired).
A large portion of homes in Tract 5045-4 (Cherry Hill) have been
released and are now occupied. Below is a list of the status of
each Tract:
• Tract 5045-5 (Shenandoah) has been released and all
homes are occupied.
• Tract 5045-6 (Waverly) has been released and all units are
occupied.
• The 7-acre park is complete and open to the public.
CC ATTACHMENT 3 308
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• Tract 5045-8 (Planning Areas 8 and 9) was sold
continues to be developed by Toll Brothers. These areas
are no longer under Pardee Ownership.
• A Specific Plan Amendment Document, EIR Addendum,
Tentative Tract Map 5860, and Development Plan
documents were approved by the City on July 7, 2010 via
City Council Resolution No. 2010-2936.
• The grading and improvement plans for Tract 5860 have
been approved by the City and Ventura County Water
Works and the Tract has been rough graded. Completion of
the improvements and the start of home construction and
sales are planned for 2013.
• Recently improvements have been made to the public multi-
use trail within Tract 5045-8, for acceptance by the City.
As described above, significant progress has been made toward
implementing the remainder of the project. Please find the enclosed
exhibits and tables detailing the information summarized above. We feel
that we are in good faith compliance with the Development Agreement
and look forward to a successful completion of the project.
Sincerely,
i
i
J
Enclosures: Application and payment
309