Agenda Item Wording:
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Record Final Subdivision Map - Authorization Staff to record the final map for Higgins Ranch Phase 2 subdivision, located on the southeast corner of South Lovers Lane and East Cherry Avenue, (74 Lots); and annex Higgins Ranch - Phase 2 into the Landscape and Lighting District No. 24-01 “Higgins Ranch” (Resolution Nos. 2025-38 and 2025-39 required).
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Prepared by: Edelma Gonzalez, Associate Engineer, edelma.gonzalez@visalia.city, (559) 713-4364; Adrian Rubalcaba, Sr. Project Manager, adrian.rubalcaba@visalia.city, (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, Jason.huckleberry@visalia.city, (559) 713-4495
Department Recommendation: Staff recommends that City Council authorize the recordation of the final map for Higgins Ranch Phase 2 subdivision, located on the southeast corner of South Lovers Lane and East Cherry Avenue, (74 Lots). Staff also recommends the adoption of Resolution No. 2025-38 initiating proceedings for the annexation to the Landscape and Lighting District No. 24-01 “Higgins Ranch” and adopt Resolution No. 2025-39 ordering the improvements and levying the annual assessments for Assessment District No. 24-01 “Higgins Ranch”.
Summary:
The final map for Higgins Ranch Phase 2 subdivision will subdivide a portion of a 12.13-acre parcel into 74 single-family residential lots, and an approximately 9,500 square foot pocket park (Lot A). Lot A will be dedicated to the City and maintained by the maintenance district formed with the subdivision. The proposed single-family subdivision will be accessible from Lovers Lane and Cherry Avenue and serviced by the interior local public streets with full improvements such as curb, gutter, parkway landscaping, sidewalk, streetlights, and other public utility infrastructure (i.e., sewer lines, storm drainage, gas, electricity, and water). Public right-of-way improvements on Cherry Avenue and Lovers Lane, including the center median, were installed with the first phase of the Higgins Ranch subdivision.
The Higgins Ranch Phase 2 subdivision will have temporary building restrictions established on lots 129-136 to serve the drainage needs of public streets and lots within the subdivision. The temporary basin was installed with the first phase and will remain in place until a permanent regional basin is constructed.
The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, Lennar Homes, as follows: 1) An executed subdivision agreement; 2) a Faithful Performance Bond in the amount of $2,650,715.00; 3) a Labor and Materials Bond in the amount of $1,323,357.50; 4) a Maintenance Bond in the amount of $265,071.50; 5) a cash payment of $420,616.10 distributed to various accounts to cover City fees; and 6) 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. 24-01 was previously reviewed and approved as to form by the Landscape and Lighting District Committee including future annexation into the district. All new landscaping installed within the 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: The remaining 74 lots will start contributing to the landscape and lighting assessment district (L&LD 24-01) created for maintenance of common features related to this subdivision. The annual lot assessment will be $745.14 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.
On December 16, 2024 Council authorized recordation of the final map for Higgins Ranch Phase 1 and the formation of the Landscape and Lighting Assessment District 24-01 “Higgins Ranch”.
Other: N/A
Alternatives: No alternatives are provided.
Recommended Motion (and Alternative Motions if expected):
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I move to authorize the recordation of the final map for Higgins Ranch Phase 2 subdivision; the adoption of Resolution No. 2025-38 initiating proceedings for the annexation to Assessment District No. 24-01 “Higgins Ranch”; and the adoption of Resolution No. 2025-39 ordering the improvements and levying the annual assessments for Assessment District No. 24-01 “Higgins Ranch”.
Environmental Assessment Status: Mitigated Negative Declaration (MND) No. 2021-49 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. 2021-49 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.
Deadline for Action: 6/16/2025
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