Agenda Item Wording:
title
Record Final Map for Sequoia Bend Unit 3 - Request authorization to record the final map for Sequoia Bend, Unit 3 subdivision, located on south side of East Goshen Avenue between North Cain and North Virmargo Street (42 lots); and authorize the annexation of Sequoia Bend Unit 3 into Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend” (Resolution Nos. 2024-44 and 2024-45 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, Associate 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 Sequoia Bend, Unit 3 located on the south side of East Goshen Avenue between North Cain and North Virmargo Street. Staff also recommends the adoption of Resolution No. 2024-44 initiating proceedings for the annexation to the Landscape and Lighting Assessment District No. 22-06 "Sequoia Bend" and adopt Resolution No. 2024-45 ordering the improvements and levying the annual assessments for Assessment District No. 22-06 "Sequoia Bend."
Background Discussion:
Sequoia Bend Unit 3 is the third and final phase for the tentative subdivision map (TSM 5584). This map will subdivide a remainder parcel into 42 lots with one landscape outlot for the Mill Creek set back. 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 East Goshen Avenue, which is identified as a minor arterial. Secondary access will be provided from North Virmargo Street via East Oak Avenue, both local streets.
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:
42 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 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 Tentative subdivision map for Sequoia Bend (Tentative Subdivision Map No. 5584) was approved by the Planning Commission.
On November 21, 2022, Council authorized recordation of the final map for Sequoia Bend, Unit 1 and the formation of the Landscape and Lighting Assessment District 22-06 “Sequoia Bend”.
On October 16, 2023, Council authorized recordation of the final map for Sequoia Bend, Unit 2 and the annexation 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 3 subdivision, located on south side of East Goshen Avenue between North Cain and North Virmargo Street (42 lots); and authorize the annexation of Sequoia Bend Unit 3 into Landscape and Lighting 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. Final Map
2. Aerial Map
3. Development Disclosure
4. Resolution Documents including:
Resolution Initiating Proceedings for Formation, 2024-44
Clerk’s Certification
Resolution Ordering the Improvements, 2024-45
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report