Agenda Item Wording:
title
Victory Oaks Phase 1 Final Map - Request authorization to record the final map for Victory Oaks Phase 1 Subdivision located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street; and request authorization for the formation of the Landscape and Lighting District No. 24-04 and authorize ordering the improvements and levying the annual assessments. Resolution Nos. 2024-__ required.
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Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:
Edelma Gonzalez, Associate Engineer, edelma.gonzalez@visalia.city <mailto:edelma.gonzalez@visalia.city>, (599) 713-4364 Jason Huckleberry, Building and Engineering 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 Victory Oaks, Phase 1 subdivision, located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street (73 Lots). Staff also recommends the City Council adopt Resolution No. 2024-__ initiating proceedings for the formation of Assessment District No. 24-04 “Victory Oaks” and adopt Resolution No. 2024-__ ordering the improvements and levying the annual assessments for assessment District No. 24-04, “Victory Oaks”.
Background Discussion:
The Final map for Victory Oaks Phase 1 Subdivision will subdivide a portion of a 23.7-acre parcel into a 73-lot single-family residential subdivision, a 2.02-acre park parcel, and two outlots. Outlots A & B are landscape lots along the project’s Ferguson Avenue frontage to be dedicated to the maintenance district formed with the subdivision. The proposed single-family subdivision will be accessible from the abutting residential subdivision to the north which will provide access from Fontana Street, as well as from a local street connection to Ferguson Avenue and serviced by interior local public streets with full improvements such as curb, gutter, parkway, landscaping sidewalk, streetlights, and other public underground infrastructure (i.e., sewer lines, storm drainage, gas, electricity, and water).
Both interior and exterior streets will be improved to their ultimate right-of-way width within the boundaries of the Victory Oaks subdivision. Improvements along Ferguson Avenue will be completed with Phase 1 and includes construction of curb, gutter, parkway landscaping, sidewalk, 6’ block-wall, streetlighting, and undergrounding of utility lines.
The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, VoV Capital LP, A California Limited Partnership, as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $3,264,443.25, a Labor and Materials Bond in the amount of $1,632,221.63; a Maintenance Bond in the amount of $326,444.33, and a Faithfull Performance Bond for retention and preservation of Valley Oaks trees in the amount of $10,000 3) cash payment of $496,484.21 distributed to various accounts to cover City fees; and 4) Final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.
The Landscape and Lighting Assessment District No. 24-04 and have also been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed within the outlots and parkways for 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., a Landscape Architect) for compliance with 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.
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:
73 lots (Victory Oaks Phase 1) will contribute to Landscape and Lighting Assessment District No. 24-04 created for maintenance of common features related to this subdivision (e.g., Victory Oaks). The annual lot assessment will be $669.73 per lot.
Prior Council Action:
On September 23, 2022 Council held a public hearing and authorized the following:
1. Conduct a Public Hearing and consider the following actions related to the project site located on the north side of West Ferguson Avenue, approximately 800 feet west of North Demaree Street (APN: 077-190-007).
2. Adopt Initial Study / Mitigated Negative Declaration No. 2022-04 for Annexation No. 2022-01 and Victory Oaks Tentative Subdivision Map No. 5586 (Resolution No. 2022-57 required); and 3. Initiation of Proceedings for Annexation No. 2022-01 a request by D.R. Horton, to annex a 23.7-acre parcel into the City Limits of Visalia; and
4. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and 5. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2022-58 required).
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: Committee/Commission Review and Action: The Tentative subdivision map for Victory Oaks (Tentative Subdivision Map No. 5586) was approved by the Planning Commission on September 26th, 2022. Annexation No. 2022-01 for Victory Oaks was approved by the Planning Commission on September 26th, 2022, based on the findings and conditions in Resolution No. 2022.04.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the recordation of the final map for Victory Oaks - Phase 1; the adoption of Resolution No. 2024-__ initiating proceedings for the annexation to Assessment District No. 24-04 “Victory Oaks”; and the adoption of Resolution No. 2024-__ ordering the improvements and levying the annual assessments for Assessment District No. 24-04 “Victory Oaks”.
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Environmental Assessment Status:
Mitigated Negative Declaration (MND) No. 2022-04 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.
CEQA Review:
Mitigated Negative Declaration (MND) No. 2022-04 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.
Attachments:
1. Final Map
2. Aerial Map
3. Location Map
4. Development Disclosure
5. Resolution Documents including:
Resolution Initiating Proceedings for Formation
Clerk’s Certification
Resolution Ordering the Improvements
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report