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HomeMy WebLinkAboutAGENDA REPORT 1999 0721 CC REG ITEM 10A IL . loo (4(o) ITEM IO' A CITY OF:'9OORPARK,CALIFORNIA City Council Meeting of 1 I ()n ACTION: AA(111W r u1[!Irl 1 IS U-2 ami-1-c 1x 15 )'1-hmc,2 i Alf _ I �- n c11rw 4/1 AGENDA REPORT --e �U > - BY: CITY OF MOORPARK MIL-Tell(tit-VI. �! TO: The Honorable City Council FROM: Dirk Lovett, Assistant City Engineer DATE: July 13, 1999 (City Council Meeting of 7/21/99) SUBJECT: Consider First Phase Building Permits For Tentative Tract Map No. 4980 (Lennar Homes/Western Pacific Housing) INTRODUCTION Western Pacific Housing has requested that they be allowed to pull building permits for the first phase (15 homes) of Tract 4980 prior to the recordation of the final map. This request is due to their interest in beginning construction in early August. The City Council cannot consider the final map for approval until August 18 since the August 4 meeting has been cancelled. The map has been reviewed for technical accuracy but condition compliance has not been completely satisfied and City subdivision improvement agreements with Lennar Homes and Western Pacific Housing have not been completed. A site plan has been attached for your reference as Exhibit 'A'. BACKGROUND On January 29, 1999 Lennar Homes entered into an "Early Grading Agreement" with the City of Moorpark to commence grading prior to the recordation of the final map and the standard "Agreement for Construction of Subdivision Improvement and Reimbursement". The Early Grading Agreement required sureties from the developer to install all on-site and off-site improvements and to complete all conditions of development specified in the tentative map resolution. In addition, the Early Grading Agreement indemnifies and holds the City of Moorpark harmless should the final map require any changes to the grading plan which may 000005 g LA Ave. East Walls June 02, 1999 Page 2 adversely impact the developer. A grading plan was reviewed and approved by City staff and grading commenced in February. Lennar Homes has subsequently sold the tract to Western Pacific Housing who will record the final map and construct the homes and satisfy all City-conditioned improvements, with the exception of grading. Lennar Homes will complete the rough grading. DISCUSSION The City has historically required that subdivision maps be recorded prior to the commencement of building construction. This is not a code requirement however. In the past, such requests on commercial properties have been approved with similar hold harmless agreements in favor of the City, i.e. Lucky's and SDI. Per the Subdivision Map Act, subdivided parcels can not be sold until a map is recorded. If permitted to begin construction of the first phase of homes, Western Pacific Housing has agreed to sign a hold harmless agreement, form and content to be approved by the City. All costs to develop and approve the agreement will be paid by Western Pacific Housing. Western Pacific Housing has also agreed to provide an acceptable surety for building construction removal, if for any reason the map does not record or homes are not finished. This surety would be released upon recordation of the map and Agreement for Construction of Subdivision Improvement and Reimbursement. In addition, and to prevent the completion of these homes and the potential commitments to future buyers prior to the recordation of the final map, it would be staff's recommendation that only ground plumbing and foundation permits be issued until the map is approved by the City Council for recordation. This would allow the developer to proceed with construction while conditions of the final map are resolved and subdivision improvement agreements are developed. The proposed sequence of events would be as follows: 1. Western Pacific Housing submits an acceptable surety and signs a hold harmless agreement with the City allowing them to proceed with the construction of the ground plumbing and foundations for 15 homes on the first phase. 2. The City issues ground plumbing and foundation-only permits for 15 homes in the first phase. 000006 LA Ave. East Walls June 02, 1999 Page 3 3. At the meeting of August 18, 1999 the City Council considers the final map and "Agreement for Construction of Subdivision Improvement and Reimbursement" with Western Pacific Housing; and a revised"Early Grading Agreement" with Lennar Homes for Tract 4980. 4. Upon City Council approval of the final map and the above-mentioned agreements, Western Pacific Housing may pull appropriate building permits to allow completion of the 15 units in the first phase and all other units in Tract 4980. RECONII4ENDATION Authorize staff to issue ground plumbing and foundation-only permits to Western Pacific Housing for 15 homes in phase 1 of Tract 4980, subject to acceptable surety and a hold harmless agreement in favor of the City of Moorpark, with the final language of the hold harmless agreement to be approved by the City Manager and City Attorney. Cc: 87.331 chron 000007 . ,' EXHIBIT 'Ps' I Jul 't•k\ \ NEW LOS FAR COUNTRY\\\ COURT / . '''^ ... STAGECOACH / \Orb TRAIL ../.1 ..„,•,441/00•10,....11` . .• \ C‘1.1FileIM-:... SOUTHFORK - 1 \ ,'Weirol. ROAD SCJENce k MUM * H ftimilL '940 „or Jvar. mr,will",..._ 1117111, 4147 7171.4.._*-1107 IV .71--4,-)11111 ,. . BIG • f i Wiliat ozzert 7-.;\ .._ TRAIL ....'':NN\ 1,41.11, 11011111. th CIRCLE BRISTLECONE 4 I1111 phh, NANNY.- RIO IlL... CIRCLE BERRY BRAVO /BIG "1.1 mini COURT . cow. COUNTRY ., CURT sasEs. : BELL . . CIRCLE BUIE- 1 TRACT NO. 4980 ' .. . 10 WOOD --I COURT i TRACT NO. 4976 _____........_- \\ \ 2.:. ,Httz clog) ,\ - \\'-•( • :_:_ \013 0 , \ C \ \ \ lk I \\TRACT NO. 4977 ITRACT\•‘ \ \ .. - \ • 000008 •