Agenda Item Wording:
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Request authorization to record the final map for Sequoia Bend, Unit 2 subdivision, located south of East Goshen Avenue between North Cain and North Virmargo Street (45 lots); and initiate proceedings for the annexation of Sequoia Bend Unit 2 into the Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend”, and ordering the improvements and levying the annual assessment for Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend” (Resolution Nos. 2023-51 and 2023-52 required) APN: 098-142-057, and 098-330-006.
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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, Assistant Community Dev Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>, (559) 713-4495
Paul Bernal, Community Development Director, paul.bernal@visala.city <mailto:paul.bernal@visala.city>, (559) 716-4025
Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Sequoia Bend, Unit 2 located south of East Goshen Avenue between North Cain and North Virmargo Street. Staff also recommends the adoption of Resolution No. 2023-51 initiating proceedings for the annexation to the Landscape and Lighting Assessment District No. 22-06 "Sequoia Bend" and adopt Resolution No. 2023-52 ordering the improvements and levying the annual assessments for Assessment District No. 22-06 "Sequoia Bend."
Summary:
Sequoia Bend Tentative Subdivision Map No. 5584 was approved to subdivide 29.96-acres into a 138-lot single family residential subdivision with five lettered out lots to be used for Landscaping and Lighting District purposes, open space, and storm water collection. The original 29.96-acre site was proposed to be developed in multiple phases by the developer San Joaquin Valley Homes. The first phase, Sequoia Bend, Unit 1 subdivided 13.45-acres into 51 residential lots and four lettered out lots (A - D).
The second phase of the tentative subdivision map (i.e., TSM 5584) Sequoia Bend, Unit 2 will subdivide 8.75 acres into 45 residential lots, and one lettered out lot (E). The proposed subdivision will provide internal 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and street lights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from East Goshen Avenue, which is identified as a minor Arterial roadway. Secondary access will be provided from North Virmargo Street via East Oak Avenue, which are both local streets.
This final map Sequoia Bend, Unit 2 is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, San Joaquin Valley Homes., and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $1,622,100.84 and Labor and Materials Bond in the amount of $811,050.42; 3) cash payment of $265,972.23 distributed to various accounts to cover City fees; and 4) final map
The City’s Landscape and Lighting District Committee has reviewed and adopted the unit fees used for the assessment as shown in the Engineers report and as included with phase 1 of the Sequoia Bend development. 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.
Background Discussion:
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 homeowners 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:
45 lots will start contributing to the Landscape and Lighting Assessment District (L&LD 22-06) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,213.70 per lot.
Prior Council Action:
On June 10, 1987, the City 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 December 13, 2021, the Planning Commission approved Sequoia Bend Tentative Subdivision Map No. 5584.
• On November 21, 2022, the City Council authorized the recordation of the final map for Sequoia Bend, Unit 1 and the formation of the Landscape and Lighting Assessment District 22-06 “Sequoia Bend”.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the recordation of the final map for Sequoia Bend, Unit 2; the adoption of Resolution No. 2023-51 initiating proceedings for the annexation to Assessment District No. 22-06 “Sequoia Bend”; and the adoption of Resolution No. 2023-52 ordering the improvements and levying the annual assessments for Assessment District No. 22-06 “Sequoia Bend.”
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Environmental Assessment Status: N/A
CEQA Review: Negative Declaration No. 2021-41, adopted December 13, 2021.
Attachments:
1. Resolution Documents including:
a. Resolution Initiating Proceedings for Formation (2023-51)
b. Clerk’s Certification
c. Resolution Ordering the Improvements (2023-52)
d. Exhibit A - Assessment Diagram
e. Exhibit B - Landscape Location Diagram
f. Exhibit C - Tax roll Assessment
g. Exhibit D - Engineer’s Report
2. Development Disclosure
3. Contractors Disclosure
4. Final Map
5. Aerial Map
6. Location Map