Agenda Item Wording:
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Record Final Map for Shepherds Ranch 1 - Request authorization to record the final map for Shepherds Ranch 1 subdivision, located on the west side of Shirk Street south of Pershing Court; and request authorization for the formation of Landscape and Lighting District No. 23-01 and authorize ordering the improvements and levying the annual assessments. Resolution Nos. 2024-36 and 2024-37 required.
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Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number: Luqman Ragabi, Assistant Engineer, Luqman.ragabi@visalia.city <mailto:Luqman.ragabi@visalia.city>, (599) 713-4362 Jason Huckleberry, Engineering and Building Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>, (559) 713-4495
Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Shepherds Ranch 1 located on the west side of Shirk Street between Pershing Court and West Hurley Avenue. Staff also recommends the adoption of Resolution No. 2024-36 initiating proceedings for the formation of Assessment District No. 23-01 "Shepherds Ranch" and adopt Resolution No. 2024-37 ordering the improvements and levying the annual assessments for Assessment District No. 23-01 "Shepherds Ranch."
Background Discussion:
Shepherds Ranch 1 subdivision will subdivide 10-acres into a 41-lot single family residential subdivision and two out lots for Landscaping and Lighting District purposes. The proposed subdivision will provide internal, 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and streetlights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from North Shirk Street, which is identified as an arterial roadway. The project includes two temporary building restrictions on various lots to provide for a temporary storm drain basin and temporary fire access road. The Declarations of Temporary Building Restrictions have been attached to this report.
The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, DR Horton, and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $2,216,554.20 and Labor and Materials Bond in the amount of $1,108,277.10; 3) cash payment of $221,655.42 distributed to various accounts to cover City fees; and 4) final map
The Landscape and Lighting Assessment District No. 23-01 has also been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.
The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowner associations for the maintenance of common features such as landscaping, irrigation systems, street lights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.
The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
41 lots will start contributing to the landscape and lighting assessment district (L&LD 23-01) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,957.65 per lot.
Prior Council Action: On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
Other: On August 8, 2022 The tentative subdivision map for Shepherds Ranch 1 (Tentative Subdivision Map No. 5581) was approved by the Planning Commission.
On April 16, 2024, L&LD 23-01 was reviewed and approved as to form by the Landscape and Lighting District Committee.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the recordation of the final map for Shepherds Ranch 1; the adoption of Resolution No. 2024-36 initiating proceedings for the formation of Assessment District No. 23-01 “Shepherds Ranch”; and the adoption of Resolution No. 2024-36 ordering the improvements and levying the annual assessments for Assessment District No. 23-01 “Shepherds Ranch.”
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Environmental Assessment Status: Complete
CEQA Review: Negative Declaration No. 2021-41, adopted December 13, 2021.
Attachments: Click or tap here to enter text.
1. Final Map
2. Aerial Map
3. Location Map
4. Development Disclosure
5. Temporary Building Restrictions - Basin
6. Temporary Building Restrictions - Fire Access Road
7. Resolution Documents including:
Resolution Initiating Proceedings for Formation, 2024-36
Clerk’s Certification
Resolution Ordering the Improvements, 2024-37
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report