Agenda Item Wording:
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Request authorization to record the final map for Quintana De Oro subdivision located on the east side of North Linwood Street between West Modoc Avenue and West Ferguson Avenue (14 lots); and request authorization for the formation of Landscape and Lighting Assessment District No. 22-04, “Quintana De Oro” and ordering the improvements and levying the annual assessments, APN: 077-190-001 (Resolution Nos. 2022-19 and 2022-20 required).
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Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Ather Razaq, Associate Engineer, ather.razaq@visalia.city <mailto:ather.razaq@visalia.city>, (599)713-4268
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Quintana De Oro Subdivision located on North Linwood Street between West Modoc Avenue and West Ferguson Avenue (14 lots); staff also recommends the adoption of Resolution No. 2022-19 initiating proceedings for the formation of Assessment District No. 22-04 "Quintana De Oro"; and adopt Resolution No. 2022-20 ordering the improvements and levying the annual assessments for Assessment District No. 22-02, "Quintana De Oro."
Summary:
The final map for Quintana De Oro is ready for recording. The final map for the Quintana De Oro Subdivision will be subdividing five acres into a 14-lot single-family subdivision with 2 Out Lots (Lot’s A and B) for street frontage landscaping and block wall along the Linwood Street frontage that will be maintained through a Landscaping and Lighting district. The proposed single-family subdivision will have access to Linwood Street, a Collector Street, and Delaware Ave, a local road. Besides public streets, the project will extend sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water) to serve the residential subdivision.
All bonds, cash payments, subdivision agreement, and final map will be submitted by the developer, Daley Homes, and will be in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $248,711.55 and Labor and Materials Bond in the amount of $126,299.49; 3) cash payment of $90,673 distributed to various accounts to cover City fees; and 4) final map. All required items shall be submitted and approved by the City prior to the final map being executed and recorded.
The Landscape and Lighting Assessment District No. 22-04 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 requires that landscaping and irrigation plans be certified by a qualified entity (i.e., 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 plant and tree species, and by limiting the portion of landscapes 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. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final 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:
The 14 lots will be contributing to the landscape and lighting assessment district (L&LD No. 22-04) created for maintenance of common features related to this subdivision. These common features include but are not limited to pavement on local streets, block wall, streetlights, and landscaping within Out Lots.
The annual assessment for each lot will be $657.24.
Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($XXXX) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed.
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment. The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.
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.
• On December 17, 2018, the City Council adopted Negative Declaration No. 2018-49, approved General Plan Amendment No. 2018-06 to change the land use designation from Very Low Density Residential to Low Density Residential for a 5-acre parcel, and also introduced for the first public hearing Ordinance Nos. 2018-20 and 20218-21 for Change of Zone No. 2018-07 and Conditional Zoning Agreement No. 2018-08. The Change of Zone rezoned the property from R-1-20 (Single Family Residential - minimum lot size 20,000 sq. ft.) to R-1-5 (Single Family Residential - minimum lot size 5,000 sq. ft.) while the Conditional Zoning Agreement established conditions requiring the subdivision of property to meet a minimum average lot size of 11,832 square feet, and a superblock connective street pattern as depicted in the Quintana De Oro Tentative Subdivision Map.
• On January 22, 2019, the City Council adopted the second reading of Ordinance No. 2018-20 approving Change of Zone No. 2018-07, and Second Reading of Ordinance No. 2018-21, approving Conditional Zoning Agreement No. 2018-08, for the Quintana De Oro Tentative Subdivision Map.
Committee/Commission Review and Action:
• On October 22, 2018, the Planning Commission approved the Quintana De Oro Tentative Subdivision Map No. 5570, and recommended approval of General Plan Amendment No. 2018-06, Change of Zone No. 2018-07 and Conditional Zoning Agreement No. 2018-08 to the City Council.
• Landscape and Lighting District No. 22-04 was reviewed and approved as to form by the Landscape and Lighting Committee in March 2022.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the recordation of the final map for Quintana De Oro Subdivision; the adoption of Resolution No. 2022-19 initiating proceedings for the formation of Assessment District No. 22-02 “Quintana De Oro” and adopt Resolution No. 2022-20 ordering the improvements and levying the annual assessments for Assessment District No. 22-02 “Quintana De Oro”.
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Environmental Assessment Status:
Negative Declaration No. 2018-49.
CEQA Review:
Negative Declaration No. 2018-49 was adopted December 17, 2018.
Attachments:
1. Resolution for Landscape and Lighting District documents including:
a. Initiating Proceedings for Formation, Clerk’s Certification, and Resolution Ordering the Improvements
b. Exhibit A - Assessment Diagram
c. Exhibit B - Landscape Location Diagram
d. Exhibit C - Tax roll Assessment
e. Exhibit D - Engineer’s Report
2. Location Map
3. Development Disclosure
4. Final Map
5. Application for the Formation of Landscape and Lighting District