HomeMy WebLinkAboutAGENDA REPORT 2008 0521 CC REG ITEM 10D ITEM 10-'D-
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ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council '
FROM: David A. Bobardt, Planning Director �1
Prepared by Joseph R. Vacca, Principal PlanWqq- 1
DATE: May 7, 2008 (CC Meeting of 05/21/08)
SUBJECT: Consider Approval of the Proposed Amendment to the
Implementation Plan for Improvements Associated with Tract Nos.
5187-1822 and 5405, the Meridian Hills Residential Development
Project, on the Application of William Lyon Homes [Upon Transfer of
Ownership of the Meridian Hills Development Project from William
Lyon Homes to Resmark Equity Partners, LLC, (ORA Ashford 94,
LLC)]
BACKGROUND
As a requirement of the Development Agreement for Tract No. 5187, the Meridian Hills
residential development project, 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. On July 7, 2004, William Lyon
Homes received the City Council's approval of an Implementation Plan for the project.
On January 10, 2008, William Lyon Homes verbally informed City staff that their
company's interests in the unbuilt portions of the Meridian Hills project (183 lots in Tract
5187 and 17 lots in Tract 5405) had been completely transferred to Resmark LLC,
(ORA Ashford 94, LLC). This transaction took place in violation of the terms of the
Development Agreement for this project, which requires City Council approval of an
amendment to the Implementation Plan to address the responsibilities of a new owner
prior to the transfer of ownership. On March 25, 2008, William Lyon Homes submitted a
formal application to the City seeking approval of an amendment to the Implementation
Plan.
A draft Implementation Plan was presented to the City Council at its April 16, 2008
meeting, at which time the item was continued to allow additional time for the residents
to review the plan.
00 W30
Honorable City Council
May 21 , 2008
Page 2
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
Resmark, .LLC., (ORA Ashford 94, LLC), has indicated that they plan to hold the
property without selling off portions of the project until such time as conditions for
residential construction become more favorable (at least 2 years according to
Resmark), 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.
In order to ensure that the area is safe, functional, and livable for the residents of the 65
completed homes, staff has included a timeline for completion of the following items
within the Amended Implementation Plan.
final paving cap on all streets with occupied homes
completion of the public multi-use trail
completion of private recreation facility if wanted at this time by HOA
completion of improvements to the Peters' driveway
security fencing around the remaining phases
landscaping enhancements to areas visible from public rights of way
dust and soil erosion control for the remaining phases
Surety bonds have been posted for all of the improvements required as part of the
subdivision. A Settlement Agreement between the City and William Lyon Homes
reached on May 7, 2008 provides added assurance that these "timeline" items will be
completed promptly.
Since the April 16, 2008 City Council meeting, staff has met with the ad hoc committee
and homeowners to further refine the draft Implementation Plan. In response to the
issues raised at these meetings, the following items have been added to Part Two-B of
the plan:
20. A $25,000 deposit from ORA Ashford 94, LLC. to City of Moorpark is
required for condition compliance.
21 . "No Stopping Anytime" signs must be posted on Meridian Hills Drive to
the satisfaction of the City Engineer.
22. The property must be in full compliance with the adopted Fuel
Modification plan on file.
23. The existing wood fencing within the project must be removed.
24. Existing street lighting plans for the developed areas of the project must
be provided for review by the City Engineer and Planning Director.
Additional street lighting or relocation of existing street lighting may be
required, as determined necessary.
\\mor_pri_sery\City Share\Community Development\DEV PMTS\R P D\1999-02 William Lyon (WestPointe)\agenda rpts\cc stf rpt
amendment to original implementation plan_080521.doc
Honorable City Council
May 21, 2008
Page 3
A courtesy notice of this meeting was sent to all homeowners in Tract 5187-1&2. In
addition, a sign board notice was installed at the pool and recreation facility lot, located
at the primary gated entrance to the developed residential lots.
FISCAL IMPACT
None. A $25,000 deposit from ORA Ashford 94, LLC. to City of Moorpark is required for
condition compliance to cover staff costs associated with monitoring progress related to
administering the Implementation Plan. As the fund account becomes depleted,
additional money will need to be deposited by ORA Ashford 94, LLC. to cover staff
costs, consistent with the Development Agreement and conditions of approval.
STAFF RECOMMENDATION
Approve the Amended Implementation Plan for improvements to Tract Nos. 5187-1&2
and 5405, subject to review of final language and determination of satisfactory financial
capacity by the City Manager and City Attorney.
ATTACHMENTS:
1. Draft Amended Implementation Plan for the Meridian Hills Residential
Development Project Tract Nos. 5187-1&2, and 5405
• Part One:
• Part Two-A
• Part Two-8
\\mor_pri_sery\City Share\Community Development\DEV PMTS\R P D\1999-02 william Lyon(WestPointe)\agenda rpts\cc stf rpt
amendment to original implementation plan_080521.doc
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AMENDED IMPLEMENTATION PLAN
MERIDIAN HILLS RESIDENTIAL DEVELOMENT PROJECT
TRACT 5187-1&2 AND 5405
PART ONE
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.
The Amended Implementation Plan is between the City of Moorpark and ORA Ashford
94, LLC, as successor to William Lyon Homes, Inc. ORA Ashford 94, LLC is a single
successor managed by Resmark Equity Partners, LLC based in Los Angeles, California.
This Amended Implementation Plan will supersede the Implementation Plan between
the City of Moorpark and William Lyon Homes, Inc., originally approved by the City of
Moorpark City Council on July 7, 2004. This Amended Implementation Plan for Tract
Nos. 5187-1&2 and 5405 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 ORA Ashford 94, LLC., as
successor to William Lyon Homes, and 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 5187-1&2 and Tract 5405.
CC ATTACHMENT 1 .1 :33
Page 2of4
• Entities responsible, and method and timing of guarantee for each component of
Tract Nos. 5187-1&2 and 5405 RPD Permits 1999-02 and 2003-01 (Project).
Transfer of Responsibility
ORA Ashford 94, LLC, will be responsible for the remaining obligations as required by
the Development Agreement, Conditions of Approval, and Affordable Housing Purchase
and Sale Agreement for Tract Nos. 5187-1&2 and 5405, notwithstanding the fact that
ORA Ashford 94, LLC does not own all of the lots in the Tracts identified in the
Development Agreement. If ORA Ashford 94, LLC, chooses to sell any remaining
portion of the Project, the Surety Bonds securing completion of the noted improvements
for Tract 5187-1&2 and 5405 are to remain the obligation of ORA Ashford 94, LLC, until
an amendment to the Implementation Plan is approved by the City Council and the
Surety Bonds are thereafter replaced, reduced, or exonerated to the satisfaction of the
City Council. Any current owners of the property covered by the Development
Agreement and any successors in interest to all or part of the Project understand that
construction of and/or occupancy permits for units may be withheld, regardless of
whether ORA Ashford 94, LLC owns the units at issue, if ORA Ashford 94, LLC or its
successors to this Implementation Plan have not completed the improvements
associated with such units.
ORA Ashford 94, LLC, will be responsible for the required improvements for Tract Nos.
5187-1&2 and 5405, including, but not limited to:
1. Holding of an election within 60 days of existing homeowners to determine
if the majority prefer to have the recreation facilities and landscaping
associated with HOA recreation Lot A of Tract 5187-2 developed at this
time, providing an estimate of what the increase in HOA dues would be for
maintenance. Obtaining of building permits and completion of this
improvement to the City's satisfaction within 90 days of the election if a
majority of the homeowners support completion of this improvement at this
time. If the majority vote is opposed to full improvements of the recreation
facilities at this time, then an interim landscaping and irrigation plan
including trees, shrubs and ground cover, must be provided to the City for
review and approval and landscaping installation must be complete within
90 days of the election.
2. Enhancement of all common landscaping areas that are visible from public
Rights of Way, per the approved landscaping plans on file, to the
satisfaction of the Planning Director, Director of Parks, Recreation, and
Community Services, and Public Works Director/City Engineer.
3. Provision of sureties for performance for all requirements for grading,
construction of storm drains, sewer, water, and other utilities, private and
public streets and other private and public improvements on or offsite as
p, 0094
Page 3 of 4
required by the Development Agreement, Conditions of Approval, and
Affordable Housing Agreement for Tract Nos. 5187-1&2 and 5405.
4. Completion of required improvements to Walnut Canyon Road including
the installation of the multi-use trail.
5. Completion of required improvements associated with the construction of
Meridian Hills Drive.
6. Provision of required Open Space dedications per the Development
Agreement.
7. Installation of required Common Landscaping throughout the Project.
8. Completion of 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 including improvements within Tract 5187-1
on High Country Place and Canyon Wren Court including required grading
for lots 21-34, dry utilities (gas, electric, cable, phone) for lots 1-34, and
wet utilities for lots 21-34.
9. Completion of required Multi-use Trail and Public Trailhead improvements.
10.Completion of 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; including remaining improvements within Tract 5187-2 including the
completion of the dry utilities on Ridgemark Drive and Ridgemark Court
(lots 56-81 and 130-131) and Lone Trail Place (lots 82-88), a portion of
Mammoth Peak (lots 53-55, and 90-94), Highgrove Place (lots 36-44),
Deer Grass Court (lots 45-52), lettered lots K and L. The wet utilities
within Tract 5187-2 are complete except for lettered lot K.
11.Completion and maintenance of El mitigation measures for the Project.
12.Maintenance of common areas until such time as these areas are
accepted by the Homeowners Association or other applicable governing
agencies.
13.Completion of construction and maintenance of the required flood control
and other drainage improvements.
14.Continuation of meeting and complying with requirements for the design,
installation, monitoring, and maintenance of facilities to meet NPDES
requirements.
90 9
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15.Completion of all required public improvements in Tract 5405 including but
not limited to streets, soil nail wall, retaining walls, and sound walls; and
maintain the main lines for the wet and dry utilities which have been
installed to ensure they are in a good state of repair.
16.Construction of the improvements for the trail staging area per section
6.10c of the Development Agreement to be completed prior to occupancy
of the 165th residential unit for Tract No. 5187.
17.Compliance with section 6.11 of the Development Agreement and its
related requirements set forth in the Affordable Housing Purchase and
Sale Agreement recorded on December 15, 2006.
18.Provision of a site security program which includes the 24-hour response
and dissemination of security telephone number to the existing residents
and City staff.
19.Any additional improvements associated with the development of the
Project, as deemed necessary by the City Engineer or Planning Director to
protect the public health, safety and welfare.
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-182 AND 5405 PART TWO-A
The following community enhancements and improvements within the Meridian Hills Community are in progress and/or will be
performed by ORA Ashford 94, LLC, or a single assignee within the timeframes below:
Required
Tract 5187*( Items originally presented to applicant in a City Engineering Memo dated March 5, 2008) Completion Date**
1 Erosion found: multi-use trail north of site near Pete Peter's driveway. Must secure site for safety immediately. Once Pending City
area is protected, remediate eroded area monitored by soils engineer and our office and provide reports to engineering Approval and 7/30/08
for review.
2 Erosion found: desilting basin#3. Easterly end of basin is failing. Need to reconstruct basin and riprap areas per plan 6/30/08
and apply all BMP's in correct location. Provide all proper soils monitoring and reports(See sheet 24 of dwg 05-ML-
10781).
3 Slope erosion found: Hillside behind residential lot 15 on Mammoth Peak Drive. Remove visqueen and remediate 6/30/08
eroded area monitored by soils engineer and our office and provide geotechnical report.
4 Erosion found at upstream end of drainage basin of Lot Q. (See sheet 12 of dwg 05-ML-10781). Removal of mat and re 6/30/08
grade and reconstruct mat and basin per plan. All work shall be monitored by soils engineer and our inspector and
provide reports.
5 Outlet channel at end of Meridian Hills Drive as shown o sheet 24 of dwg05-ML-10781. Weep holes are required to be 6/30/08
installed in trapezoidal channel to drain the channel dry.
6 The parkway is eroding along the southerly side of Meridian Hills Drive westerly of Ridgemark Drive. All soil removal 6/30/08
and replacement remediation work shall be monitored by soils engineer and our inspector and provide reports.
7 Completion of V-ditches and grading as shown on sheet 19A&20A of 05-ML-10781. All grading shall be monitored by 6/30/08
soils engineer and our inspector and provide reports.
8 Downstream end of Lot Q drainage basin: Standing water in basin. Basin shall be regraded to drain per approved 6/30/08
plans. All grading shall be monitored by soils engineer and our inspector and provide reports.
9 Additional fencing required to secure site to prevent access at westerly end of Meridian Hills Drive. 6/30/08
10 General Clean up of onsite and offsite trash and removal of all illegal dumping debris. Site shall be cleaned-up ongoing
immediately.
11 Clean up of debris within all V-ditches. ongoing
12 Replace BMP's, remove all broken sand bags. Remove all silt at chevrons, clean streets with street sweeper. ongoing
13 Gate to Ventura County Watershed Protection District basin shall be secured immediately and shall remain locked at ongoing
all times.
14 All gates for access areas shall be secured each and every day. Gate to HOA basin along Walnut Canyon Road shall ongoing
be secured immediately.
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000097
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-1&2 AND 5405 PART TWO-A
Required
Tract 5405*( Items originally presented to applicant in a City Engineering Memo dated March 5, 2008) Completion Date**
1 Hillside repair at back of lot No. One(1). Please provide soils monitoring report of correction to engineering for review. 6/30/08
2 Completion of trapezoidal grass swale at south location of site. The visqueen swale is no longer acceptable and the 6/30/08
permanent grading and drainage facility is required as shown on the approved plans.
3 General clean up of onsite trash. ongoing
4 Clean up of debris within all V-ditches. ongoing
5 Replace BMP's, remove all broken sand bags. Remove all silt at chevrons, clean street with street sweeper. ongoing
6 Any and all other conditions, bonds, and/or timing of improvements for the property per the Development Agreement ongoing
and Conditions of Approval.
*All items are to be completed to the satisfaction of either the City Engineer,City Planning Director or both.
**All dates are subject to inspections and collaboration with the various governing agencies.
Page 2 of 2
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-182 AND 5405 PART TWO-13
Tract 5187*(Items originally presented to applicant in a Letter from Planning Director and attached City Required
Engineering Memo, both dated March 13, 2008) Completion Date**
1 Correct and complete the installation of the multi-use trail along Peter's driveway and landscaping along the R.O.W of 7/30/08
Walnut Canyon Rd. per City requirements.
a. slope failure&erosion problem along Peter's driveway requires immediate attention&drainage modification
b. install safety guardrail fencing along additional portions of the driveway
c. modify the existing concrete block entry monument to comply with"line of sight"
d. install a neighborhood mailbox unit
2 Need to bond for construction of multi-use trail at 150%of estimated cost of construction. 6/30/08
3 Adequate erosion control is required; all unoccupied lots must be hydro-seeded for erosion control. ongoing
4 Install security fencing around all vacant areas of project&post with"No Trespassing"signage. 6/30/08
5 Complete water tank site grading&drainage,erosion control and landscaping improvements. 6/30/08
6 All occupied streets&Meridian Hills Dr. up to Ridgemark Dr. must receive final cap, all sidewalk and final street 6/30/08
improvements including singing and striping.
7 Remove existing depressed median curb within Meridian Hills Dr. and replace with full height curb. 6/30/08
8 Provide a final acceptance letter from Ventura County Watershed Protection District to verify that the newly 6/30/08
constructed VCWPD basin is accepted.
9 All tract boundary perimeter fencing must be installed per the approved fencing plan. 6/30/08
10 All drainage basin facilities shall perform in a manner that will not impound any water beyond the design storm 6/30/08
retention period nor shall create mosquito breeding and shall be maintained properly.
11 All monuments must be set in accordance with the Final Maps for Tracts 5187&5405. 6/30/08
a. A flag shall be posted at each boundary monument location, inspected and verified by City inspector.
12 Centerline ties must be set for each street centerline monument in accordance with City requirements. 6/30/08
13 Trail must be completed along the drainage basin of HOA Lot Q per Tract 5187-1, including landscaping. 6/30/08
14 Temporary drainage basin at Meridian Hills Dr. (sheets 21&24-dwg#05-ML-10781 must be per plans. 6/30/08
15 Sheets 13A, 19A&20A of dwg#05-ML-10781 must be constructed per plans. 6/30/08
16 Repair localized failure in slope located behind Lot 16 of Mammoth Peak Drive. 6/30/08
17 Maintenance of retention basin at end of Meridian Hills Drive required to function per approved plans. 6/30/08
a. Basin shall not impound any standing water;
b. Correct drainage at trapezoidal channel outlet structure-standing water exists;
c. Structure must be modified to drain dry properly.
18 All trash&debris shall be collected and removed from the site in accordance with NPDES requirements; ongoing
a. Includes areas along Meridian Hills Drive that are being used for local dumping.
19 Construct permanent grading&drainage facility at the southerly portion of Tract 5405, per approved plans. 6/30/08
20 A$25,000 deposit from ORA Ashford 94, LLC.to City of Moorpark is required for condition compliance. 6/2/08
21 No Stopping Anytime signs must be posted on Meridian Hills Drive to the satisfaction of the City Engineer. 6/30/08
22 The property must be in full compliance with the adopted Fuel Modification plan on file. 6/1/08
23 The existing wood fencing within the project must be removed. 6/30/08
24 Existing street lighting plans for the developed areas of the project must be provided for review by the City Engineer 6/30/08
and Planning Director. Additional street lighting or relocation of existing street lighting may be required as determined
necessary.
*All items are to be completed to the satisfaction of either the City Engineer,City Planning Director or both.
**All dates are subject to inspections and collaboration with the various governing agencies.
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