RESOLUTION NO. 2024 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE SUBDIVISION AGREEMENT FOR TRACT 7449, PHASE 1, AND FINAL MAP FOR PROPERTY
LOCATED ADJACENT TO AND SOUTH OF COUNTY LINE ROAD, BETWEEN
ALBANY AND ELLINGTON STREETS, AND AUTHORIZING THE CITY CLERK TO FILE THE AMENDMENT NO. 1 TO THE SUBDIVISION AGREEMENTAND FINAL
MAP WITH THE COUNTY RECORDER, AND THE CITY MANAGER EXECUTE THE AMENDMENT NO. 1 TO THE SUBDIVISION AGREEMENT
WHEREAS, Presidio JJR Falcon Ridge 73, LLC, a Delaware Limited Liability Company & Presidio JJR Wrenwood 75, LLC, a Delaware Limited Liability Company, as Subdivider, submitted the Final Map for Tract Number 7449 Phase 1 in the City of Delano, to be developed under the provisions of the Subdivision Map Act and the Delano Municipal Code; and WHEREAS, the Tentative Maps have been approved by the City Council of the City of Delano, subject to certain conditions under Resolution 2023-15; and WHEREAS, the Subdivider submitted the required Improvement Plans and the Final Map, and it has been approved by the City Engineer; and WHEREAS, the City Council of the City of Delano approved the Improvement Plans and the Final Map, subject to certain conditions, and entered into a Subdivision Agreement with the Subdivider of Tract Number 7449, Phase 1, under Resolution 2024-19; and WHEREAS, Government Code Section 66469 provides that a final map or parcel map may be amended by a certificate of correction or an amending map to correct any additional information filed or recorded with the map if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map; and WHEREAS, the City Council desires to amend the Subdivision Agreement for Tract Number 7449 and Final Map to modify a condition requiring gas utility connection to allow for all-electric dwelling units; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Delano, California, does hereby approve the Amendment No. 1 to the Subdivision Agreement for Tract Number 7449, Phase 1 and Final Map, and authorizes the signatures and filing as required.
The foregoing Resolution was duly passed and adopted by the City Council at a regular meeting held on the 5th of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Joe L. Alindajao, Mayor
ATTEST:
_________________________
Nancy Garcia, City Clerk
APPROVED AS TO FORM
By: ________________________________
Mark D. Hensley, City Attorney
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Delano
1015 Eleventh Avenue
P.O. Box 3010
Delano, CA93216-3010
No fee per Government Code § 27383
AGREEMENT NO. 2024-20
SUBDIVISION AGREEMENT
FOR
TRACT NO. 7449, PHASE 1
This Subdivision Agreement for Tract No. 7449, Phase 1 (this “Agreement”), is entered into this 6 th day of May, 2024, by and between the City of Delano, a Municipal Corporation, herein referred to as the “City”, and Presidio JJR Falcon Ridge 73, LLC, a Delaware Limited Liability Company & Presidio JJR Wrenwood 75, LLC, a Delaware Limited Liability Company, herein referred to as the “Subdivider”.
WITNESSETH:
WHEREAS, Subdivider desired to develop and subdivide land in the City of Delano, under the provisions of the Subdivision Map Act (Government Code Section 66410 et. seq., referred to as the “Map Act”), and under the provisions of the Subdivision Ordinance of the City of Delano (Delano Municipal Code, referred to as the “Ordinance”); and WHEREAS, the tentative map has been approved by the City Council, subject to certain approved exceptions and conditions as per Resolution 2023-15 approved on May 1st, 2023; and WHEREAS, Subdivider submitted the final map to the City Council for approval in accordance with the Map Act and the Ordinance, said final map shall be referred to as the Tract 7449, Phase 1, or the “Subdivision”; and
WHEREAS, Subdivider complied with all the provisions of the Map Act and the Ordinance applicable to the Subdivision, excepting only that Subdivider has not completed all of the required 2 improvement work and has not set or placed all the permanent monuments required for the Subdivision; and
WHEREAS, the City Council approved the Final Subdivision Maps with respect to the Subdivision; and
WHEREAS, Subdivider has purchased Tract 7449 Phase 1 and desires to complete the Subdivision and the improvements pursuant to the terms of this Agreement; WHEREAS, the City Council is willing to accept on behalf of the City all of the streets, alleys, easements and pedestrian ways dedicated thereon or deeded to the City in connection therewith, under the terms and conditions hereinafter more particularly set forth; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, it is expressly agreed and understood as follows:
For and in consideration of the acceptance of the streets, Landscape easements and pedestrian ways dedicated thereon or deeded to the City in connection therewith, the Subdivider hereby agrees as follows:
1. IMPROVEMENTS TO BE CONSTRUCTED:
In accordance with the requirements of the City Council by Resolution No. 2023-15 and this agreement, the Subdivider shall construct, at its sole cost and expense, those improvements, shown on the plans, profiles and specifications, all as approved by the City Engineer, and all of which are incorporated into this Agreement by reference as a part hereof, and which are generally designated as follows: curbs, sidewalks, grading, paving, drainage facilities, sanitary sewers, water distribution system, street names, signs, underground street lighting, parks, and utility systems. The specific improvements to be constructed are described as follows (“Improvements”):
(a) Subdivider shall grade, pave, construct and improve all of the streets, landscape lots and pedestrian ways dedicated to the City or deeded by the Subdivider to the City in connection therewith, pursuant to and in accordance with those provisions of the Delano Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans and Profiles, marked Exhibit “A,” and by this reference incorporated herein. .
(b) Subdivider shall install a water distribution system, including the construction and installation of all pipelines, appurtenances, and services to each lot, pursuant to and in 3 accordance with those provisions of the Delano Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans marked Exhibit “B,” and by reference incorporated herein.
(c) Subdivider shall install a sanitary sewer system, including the construction and installation of all pipelines, manholes, appurtenances, and services to each lot, pursuant to and in accordance with those provisions of the Delano Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans and Profiles marked Exhibit “C,” and by reference incorporated herein.
(d) Subdivider shall site grade, compact and improve building sites to drain properly within the Subdivision, pursuant to and in accordance with the Plans and Specifications, marked Exhibit ‘D,” and by reference incorporated herein. (e) Subdivider shall provide for all necessary storm drainage facilities, including the construction and installation of all pipelines, sumps and appurtenances, pursuant to and in accordance with Section 16.12.040 of the Delano Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans and Profiles, marked Exhibit “E,” and by reference incorporated herein.
(f) Subdivider shall construct all public utilities as required by Section 16.12.030 of the Delano Municipal Code. Services from the public utilities, consisting of telephone, gas, electric, water, sewer, communications and cable T.V. service, shall be provided for each lot within this Subdivision. This shall also include a street lighting system with underground wiring. Subdivider shall furnish the City with written statements from the electric company, gas company, telephone company and cable T.V. company, specifying that financial arrangements and terms for the installation of all electrical, gas, telephone and cable T.V. services have been made for the Subdivision. (g) Subdivider shall provide for the setting or placement of all permanent monuments required for the Subdivision by Section 16.16.340 of the Delano Municipal Code. Said permanent monuments shall be placed or set in accordance with the Delano Municipal Code and shall be located in such positions and shall be of the character and type specified therein.
(h) Subdivider shall, remove, relocate or replace all obstructions, or otherwise make all necessary arrangements to have said obstructions relocated, at its own expense. Said obstructions and their removal and/or relocation, shall be shown on all applicable plans and profiles, and shall not hinder any construction.
4 (i) All changes, relocations, or modifications required for the development of the Subdivision to existing city utilities, streets and facilities whether within the boundaries of the Subdivision or offsite, and all changes, relocations and modifications to other public utilities including, but not limited to, electric, gas, water, cable tv, or telephone lines, caused by the development of the Subdivision shall be paid for by the Subdivider. If Subdivider damages any public or private utility, said utility is to be repaired or replaced at Subdivider’s expense.
2. MANNER OF CONSTRUCTION
The Improvements designated above shall be installed and constructed in accordance with all of the following:
(a) Delano Municipal Code.
(b) The California Subdivision Map Act.
(c) Approved plans, specifications and profiles.
(d) Standard City specifications and grades.
(e) State of California Business and Transportation Agency Standard Specifications (Current Edition).
(f) Good engineering practices and workmanlike manner.
(g) Development Agreement.
3. TIME FOR COMPLETION:
All of said Improvements shall be completed in full, in a diligent and workmanlike manner, and in accordance with the terms of this Agreement and to the satisfaction of the City Engineer within 24 months from the date of approval of this Agreement, to wit: on or before the 6
th day of May 2026, or any extension of said completion date granted by the City Council. Any work which affects any existing City maintained road or traffic thereon shall be completed within thirty (30) days from start of work.
4. INSPECTION AND APPROVAL OF WORK:
(a) All Improvement work shall be subject to inspection by the City Engineer or his designee and shall be completed to his satisfaction and in compliance with City standards. (b) When all of the required Improvement work has been satisfactorily completed, upon written application of the Subdivider, the City Engineer or his designee shall inspect the same within thirty (30) days and shall forward the City Engineer’s recommendation to City Council showing the date of inspection and approval. 5 (c) If the City Council approves the recommendation, it shall make its order accepting or approving the Improvement work.
(d) Such order of acceptance or approval made by the City Council shall be deemed operative from the time of approval and the Improvement work by the City Engineer or his designee, from the time of the approval of the Improvement work as shown in his certificate.
(e) Except as otherwise provided, the Subdivider and its surety shall be deemed released from liability for damage or injury to such work so accepted by the City Council, and from the maintenance thereof, from and after the time said order is operative.
However, the foregoing provision shall not relieve the Subdivider or its surety from its guarantee (as defined in Section 8 below) or from any damage or injury to such Improvement work or any maintenance required therefor arising from any other work undertaken by Subdivider or its surety, or as may necessarily be done by the City in the performance of any part of the required Improvement work as a result of any default in the performance of this Agreement by the Subdivider or its surety or arising from any willful act or negligent act or omission of the Subdivider or its surety or their contactors, agents or employees, or arising from defective work or labor done or defective materials furnished in the performance of the Agreement.
(f) At the time of making of the order of acceptance or approval of such work, as the case may be, the City Manager’s designee shall affect a reduction of the Improvement security in accordance with other provisions of this Agreement.
5. CHANGES AND ALTERATIONS:
a) The Subdivider shall make no change or alteration in the plans, specifications and standards of the Improvements except with written approval by the City Engineer. b) The Subdivider shall carry out such changes or alterations in such Improvements as may be ordered by the City Engineer in the exercise of his reasonable discretion, as follows:
(i) As required by the Map Act;
(ii) As consistent with City ordinance, applicable at the time of approval of the tentative map; or
(iii) As made necessary by conditions of the soil, topography, drainage, flood hazard, or fire hazard not foreseen at the time of approval of the tentative map. c) In any case, all changes or alterations in such work shall be otherwise performed and fully and timely completed in accordance with all other provisions of this Agreement. d) Such changes or alterations approved by the City Engineer in said plans, specifications and standards of Improvements may be accomplished without first giving prior notice thereof to Surety, and in no event shall such change result in exonerating the Surety’s obligations.
e) Within sixty (60) days following City’s acceptance of all of the subdivision Improvements, Subdivider shall provide the City Engineer with an original set of 6 Improvement plans containing the appropriate posted “Record Drawings” changes.
Changes shall be clearly noted as changes on said plans. f) Approval of Improvement plans, final map, and this Agreement shall not be construed of relieving Subdivider of requirements of the Conditions of Approval unless specifically stated in writing by the City.
6. REPAIRS AND REPLACEMENTS:
Subdivider must maintain all of the Improvements constructed under this Agreement in a state of good repair until all of the Improvements are completed and accepted by or on behalf of the City. Said maintenance shall include, but not be limited to:
(a) Road and Drainage: Repair of pavement, curbs, gutters, sidewalks, parkways, drainage facilities, and removal of debris from drainage facilities, sweeping, repairing and maintaining in good and safe conditions all streets and street improvements. (b) Sewer System: Repair of sewer system, and removal of debris from sewer system, repairing and maintaining in good and safe condition all sewer system improvements. (c) Water System: Repair and/or removal of debris from the water system; repairing and maintaining in good and safe condition of the water system improvements.
It shall be Subdivider’s responsibility to initiate this work, but if Subdivider should fail to do so, Subdivider shall promptly perform such maintenance when notified to do so by the City Engineer. Upon failure of Subdivider to promptly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to Subdivider and Surety under this Agreement. Any such repair or replacement must be completed to City Engineer satisfaction and approval.
7. CITY’S RIGHT OF ENTRY:
Subdivider grants City a license to enter Subdivider’s property to inspect the Improvements constructed by Subdivider and to ensure compliance with this Agreement.
8. GUARANTEE AGAINST DEFECTS:
The Subdivider hereby guarantees all features of the Improvement work for a period of one (1) year following the acceptance of the work against defective work or labor done, or defective material furnished, in the performance of this Agreement; and Subdivider agrees to correct, repair or replace promptly when demanded by the City all such defective work or labor done, or defective materials furnished, as may be discovered within such one (1) year period and reported in writing to the Subdivider. Should Subdivider fail to act promptly or in accordance with this requirement or should the exigencies of the case 7 require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider must pay to City the actual cost of such repairs plus fifteen percent (15%) for City’s administrative overhead costs. This Section is not a waiver of any other right City may have for correcting faulty workmanship or defective materials.
9. IMPROVEMENT SECURITY:
(a) As provided for in Section 16.32.320 of the Delano Municipal Code, concurrently with the execution of this Agreement, Subdivider must furnish good and sufficient security.. Such improvement security shall consist of either (1) a faithful performance bond or bonds by one or more duly authorized corporate sureties; or (2) a deposit, either with the city or a responsible escrow agent or trust company, selected by the City, of cash or negotiable bonds of the kind approved for securing deposits of public moneys, or (3) an irrevocable instrument of credit from one or more responsible financial institutions regulated by State or Federal government and pledging that the funds are on deposit and guaranteed for payment on demand by the City. The forms of all documents relating to such security shall by subject to approval by the City Attorney. The corporate surety bond shall conform substantially with the form set forth in Section 66499.1 of the Map Act. The estimated cost of the various features of the improvement work shall be used, if applicable, as the basis for the reduction of bonds in connection with the final completion of any feature of the work (or any unit thereof). The parties agree that the estimated costs of the Improvements are:
Lots (Acreage) for Tract 7449 (Vignolo) Phase 1 171 (38.457 Acres) Demolition and Removal $ 175,822.00
Grading Improvements $ 666,194.00
Dry Utility Improvements $2,565,000.00
Water System Improvements $1,547,026.00
Sanitary Sewer Improvements $1,380,935.00
Storm Drain Improvements $1,142,449.00
Street Improvements (Concrete, Paving, Signs, Lights) $3,661,448.00 Traffic Signal (Albany & County Line) $ 544,500.00
Landscape Improvements $ 280,101.00
Walls and Fences $ 624,907.00
Contingency (10%) $1,258,838.00
TOTAL (Contingency Included) $13,847,220.00
8 (b) Said Improvement security shall be in the amount of $7,626,422.00, which covers 100% of the remaining improvements (45% of the total having already been completed), conditioned upon the faithful performance of the Agreement, as follows:
(1) The faithful performance and full and timely completion of the work according to this Agreement and the Subdivider; and
(2) The guarantee and maintenance of the improvement work for a period of one (1) year following the completion and approval thereof, against defective work or labor done, or defective materials furnished, in the performance of this Agreement, The City shall retain 10% of the total cost for 1 year after the City Council accepts the Improvements.
(c) Concurrently with the execution of this Agreement, pursuant to Government Code, § 66499.3, Subdivider must furnish a separate surety bond in an amount equal to at least one hundred percent (100%) of the estimated costs for the remaining improvements, set forth in subsection (a) above, as security for the payment of all persons performing labor and furnishing materials in connection with all of the Improvements in this Agreement.
Subdivider agrees that the form of the payment bond provided by City is substantially similar to Government Code § 66499.2.
10. REDUCTION AND RELEASE OF SECURITY:
(a) The release of any securities shall be governed by the provisions of Government Code Section 66499.7 and applicable City policy, including, but not limited to, the requirement that bonds may be substituted only if the City receives and approves of the form of the replacement security.
(b) The bonds referred to in Section 9 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least ten percent (10%) of the sum shown in Section 3, or $1,384,722.00, is filed with City. The maintenance bond will be released one (1) year from the date of final acceptance of the Improvements, subject to retention of security for defects and security against damage as hereinafter provided as well as for claims for nonpayment asserted by contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for the Improvements, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one (1) year period and reported in writing to the City Council, and further provided (in the case of acceptance of a unit or units of the Improvement work as it progresses) that no damage has been done to the required Improvement work so accepted by any other work undertaken by the Subdivider or its surety.
11. COMPLETION BY SURETY OR CITY:
9 (a) If the City Council, in the exercise of its reasonable discretion, shall determine:
(1) That the Subdivider has failed to properly and fully complete any of the Improvement work in accordance with this Agreement, and within the time (or any extension of time) provided herein; or
(2) That the Subdivider has failed or neglected to begin Improvement work, or any feature of the work, within a time which will reasonably allow its completion within the time (or any extension of time) provided in this Agreement; or (3) That the Subdivider has created an unsafe or hazardous condition which requires immediate correction; or
(4) That the Subdivider has abandoned any of the Improvement work; or (5) That the Subdivider has failed to keep the Improvement work under direct control of a superintendent, manager, engineer or other competent agent; or (6) That the Subdivider (if he shall be an individual) has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; or
(7) That the Subdivider has filed a petition in bankruptcy or has been declared bankrupt; then the City Council may determine to, and the City may give the Subdivider and its surety fourteen (14) days’ written notice to, proceed with the work, without prejudice to any other remedy the City may have in law or equity. (b) If the surety shall proceed with the work, the surety shall be subject to all of the provisions of this Agreement and of the Development Agreement as in the case of the Subdivider.
(c) If the Subdivider or its surety shall fail or neglect to proceed with the work diligently and in good faith in accordance with this Agreement after such notice has been given, the City may thereafter, at its sole option and without prejudice to any other remedy, provide the necessary supervision, equipment, materials and labor as it may determine necessary to undertake and complete the Improvement work, or any part thereof in the manner required by this Agreement, by independent contract or by City forces, all for the account and at the expense of the Subdivider, and the Subdivider and its surety shall be liable to the City and shall pay the City on demand, any expenses incurred by the City in the course thereof.
12. INDEMNIFICATION PROVISIONS:
(a) The Subdivider shall, and it does hereby agree, to hold harmless and indemnify the City and its City Council, officers and employees, from every liability, claim, suit or demand which may arise or may be made by reason of:
(1) Any act, omission or neglect of the Subdivider, its engineers, employees, agents or contractors; or
10 (2) Any injury to any person, death of any person, or damage to any property, sustained by any person, firm or entity while in or upon the parcel of land herein mentioned and for which the Subdivider is legally liable (excepting negligence of the City, or its officers or employees); or
(3) Any injury to or death of the Subdivider or any officer or employee of the Subdivider, or any damage to the property of any such person, firm or entity, and for which the Subdivider is legally liable (excepting any negligence of the City or its officers or employees); or
(4) Any damage to or taking of any property arising from said plans, specifications or profiles, or arising from the construction work or the conduct thereof.
(b) The Subdivider at its own cost, expense and risk shall defend all legal proceedings which may be brought against the City, its City Council, officers and employees, on any liability suit, claim or demand which it has agreed to indemnify them against herein, and shall satisfy any resulting judgment that may be rendered against any of them. (c) The Subdivider agrees and understands that its violation of any Labor Code provision regarding payment of prevailing wages can result in fines or damages being levied against City. Subdivider specifically agrees that the indemnification and defense obligations set forth in this Section include payment of any fines, penalties, or damages that might arise out of this Agreement.
(d) The requirements as to the types and limits of insurance coverage to be maintained by Subdivider, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Subdivider pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
(e) It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
(f) It is mutually agreed that the Subdivider’s surety under the improvement security for faithful performance shall not be deemed liable for performance of any of the foregoing provisions of this section, unless said surety shall undertake the completion of any Improvement or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission or neglect of the surety, its engineers, employees, agents or contractors in the course of the completion of such Improvements or the conduct of such work by said surety.
11 13. INSURANCE REQUIREMENTS:
(a) The Subdivider shall at all times during the course of any of the Improvement work, secure and maintain, and shall cause its contractors to secure and maintain, in the manner required by law, workers’ compensation insurance as required by the California Labor Code and amendments thereto, and shall furnish to the City satisfactory evidence thereof. (b) The Subdivider shall maintain, and pay premiums on, a policy of comprehensive liability insurance in the amounts given below, in form and with insurance companies satisfactory to the City, containing an endorsement including the City, its City Council, officers and employees as additional named insureds.
(c) The limits of said policy shall be in amounts not less than Bodily Injury, $1,000,000 per person and $2,000,000 per accident; and Property Damage, $1,000,000 per accident and $2,000,000 aggregate amount.
(d) Prior to undertaking any work of construction, the Subdivider shall file with the City Clerk, a true copy of said policy of insurance, with the endorsement thereon aforementioned, certified by the carrier.
(e) The Subdivider shall continue to so maintain said policy and pay the premiums thereon for a period of one (1) year from and after the acceptance or approval, as the case may be, of the entirety of the improvement work.
14. IMPACT FEE:
The Subdivider shall pay the development impact fee charges in effect at time of building permit issuance, with applied credits as approved by Resolution 2023-15 or as listed within this section. Said credits are here listed in total:
(a) The cost of the twelve-inch water line installed on County Line Rd. from Albany St. to Hiett Ave., connecting to the existing lines on each end, shall be reimbursed with water impact fee credits after 400 building permits are pulled within the Vignolo Tentative Tract 7449. Water Impact fee credits shall be issued beginning with the 401st lot’s building permit (including future phases) and up to when $645,365.00 is credited or the last permit is pulled, whichever comes first.
(b) The cost of the 14 feet of road width of the Tulare County side of County Line Road between the eastern and western boundaries of the subdivision shall be reimbursed by the Local portion of the Circulation Impact Fees as permits are issued, the estimated amount is $168,748.00. The actual cost will be submitted for credit as building permits are pulled. 12 (c) The cost of the traffic signal at the intersection of County Line Road and Albany Street shall be credited through the local portion of the Circulation Impact Fees at time of building permit issuance. The estimated amount is $544,500.00, but the actual cost will be submitted for credit as building permits are pulled.
(d) The cost of the community park within Lot A shall be credited through the Park Development and Park Acquisition Impact Fees at time of building permit issuance, the estimated amount is $89,013.00. The actual cost will be submitted for credit as building permits are pulled.
(e) The cost to improve the Storm Drain Sump shall be credited through the Storm Drain Impact Fees at time of building permit issuance, the estimated amount is $36,076.70.
The actual cost will be submitted for credit as building permits are pulled.
17. ENGINEERING FEE:
The Subdivider has paid a nonrefundable Engineering Fee, which includes all charges for engineering plan review and inspection by the City of the Subdivision, which is six percent (6%) of the Engineer’s Estimate of the public improvements for the Subdivision. $36,835.00 in fees has already been paid, the Subdivider has deposited the balance of seven hundred ninety-three thousand, nine hundred ninety-eight and 00/100 Dollars ($793,998.00) with the Finance Officer of the City. The Subdivider is responsible for all Material Inspection and Compaction costs related to this Subdivision.
15. MAINTENANCE DISTRICT:
As required by Condition of Approval No. 35 in Resolution No. 2023-15, the Subdivider will create a Community Facilities District (District) for Landscaping maintenance, street lighting energy, and park/sump maintenance for the Tract 7449 Phase 1 Subdivision before any Certificates of Occupancy are issued. Subdivider shall install all the plantings, trees, irrigation systems, and shall be responsible for the maintenance of all properties of the District and shall pay the energy costs for street lights for a minimum period of 12 months.
During the 12 month period, the Subdivider shall replace all dead plantings. After said maintenance period the City will inspect the improvements within the district and if acceptable will assume maintenance.
16. BEST MANAGEMENT PRACTICES:
Subdivider agrees to use best management practices (“BMPs”), as that term is defined under applicable law including, without limitation, the Delano Municipal Code, in constructing the Improvements anticipated by this Agreement. Subdivider’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.
City Council
Resolution No. 2023-15
May 1, 2023
RESOLUTION NO. 2023-15
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELANO APPROVING
TENTATIVE TRACT MAP
WHEREAS, On January 31, 2023, an application for a Tentative Tract Map was filed by 4Creeks, Inc. (the “Applicant’s Representative”) requesting a tentative subdivision map to create 666 single-family residential lots; and, WHEREAS, the proposed project is located on real property in the incorporated portion of the City of Delano more particularly described as Assessor’s Parcel Number 049-150-38; and,
WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to §15183, Projects Consistent with a Community Plan, General Plan or Zoning; and,
WHEREAS, on May 1, 2023, the City Council City of Delano held a duly noticed public hearing regarding the proposed subdivision and considered the project application and testimony and hereby adopts the following findings conditionally approving Tentative Tract Map as follows.
FINDINGS FOR TRACT Map “Vignolo”
WHEREAS, the subject property is designated Low Density Residential, Medium Density Residential and Commercial by the Land Use Element Map of the City of Delano General Plan, and is zoned Single-family Residential, Multifamily Residential and Neighborhood Commercial Districts. The use is permitted within the zone district pursuant to the provisions of the Zoning Ordinance and is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City with the adoption of appropriate project conditions; and
WHEREAS, the proposed use would not impair the integrity and character of the zone district in which it is to be established or located and it is noted that the parcel is surrounded by a mix of residential development, agricultural land and undeveloped commercial land; and
WHEREAS, the City Council makes the following findings pursuant to Government Code §66411 et seq.
City Council
Resolution No. 2023-15
May 1, 2023
Finding: The proposed division of land is consistent with the objectives, policies, general plan land uses, and programs adopted with the City of Delano General Plan. (§66473.5)
Evidence: The project site is South of County Line Road, North of Cecil Avenue between Hiett Avenue and Ellington Street. The project site is zoned Single-family Residential, Multifamily Residential and Neighborhood Commercial and development will be consistent with the development standards. In addition, the Tentative Tract Map will be consistent with the objectives and policies of the General Pan for residential and housing development. In addition, the proposed subdivision and conditions of approval are consistent with the residential development policies and goals of the General Plan.
Finding: The proposed division of land complies with requirements as to improvement and design.
Evidence: The site is essentially level, contains no trees and will meet the minimum requirements for subdivisions in the neighborhood. In addition, the Tentative Tract Map is conditioned with requirements to meet the City’s infrastructure design standard requirements for future residential development of the site.
Finding: The proposed division of land complies with requirements for flood water drainage control.
Evidence: The Tentative Tract Map will be developing an onsite drainage basin in order to retain the drainage. In addition, the site is not located in a designated Flood Zone as indicated on the FIRM (Flood Insurance Rate Map) map. Conditions of approval will require the subdivision to provide storm drainage infrastructure in accordance with adopted City development standards.
Finding: The proposed division of the property is consistent with the General Plan land use designation.
Evidence: The parcel supports the development of single-family residents as the proposal is consistent with the map code designation of Low Density Residential, Medium Density Residential and Commercial.
Finding: That the design or improvement of the proposed subdivision is consistent with applicable general or specific plans.
Evidence: The site is designated Low Density Residential, Medium Density Residential and Commercial. The proposed roadways within the project area are local roadways, as required by the general plan, and designed in accordance with adopted City standards. Associated infrastructure such as water, sewer, and drainage are also designed in accordance with City standards to service the proposed development.
City Council
Resolution No. 2023-15
May 1, 2023
Finding: The site is physically suitable for the development proposed.
Evidence: The Tentative Tract Map is consistent with the design and improvement of a single-family residential project. The site has a generally flat topography and does not contain any unique topographical features.
Finding: The site is physically suitable for the proposed density.
Evidence: The lots created by the subdivision have sufficient size, configuration, and access to satisfy the standard Single-family Residential (R-1) District zoning criteria applicable to the site and can physically support Low Density Residential uses promoted under the General Plan. In addition, as noted in Finding 6, the site has a generally flat topography and does not contain any unique topographical features.
Finding: The design of the proposed division and improvements will not cause environmental damage or injure fish, wildlife, or their habitat.
Evidence: The project site does not have any physical features such as streams, riparian corridors or wildlife areas. In addition, the surrounding area includes irrigated agricultural land, commercial and residential development.
Finding: The design of the proposed division and improvements will not cause serious public health problems.
Evidence: Adequate measures have been applied with the Conditions of Approval to address potential concerns related to public health, including, but not limited to, provisions for water for domestic use and fire protection, extension of sanitary sewer facilities to ensure proper management of wastewater, installation of necessary storm drainage, construction of proper public streets and sidewalks, flood control measures, and provision for proper and orderly timing for construction of necessary improvements.
Finding: The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Evidence: Based on the design of the Tentative Tract Map, the type of improvements will not conflict with any easements acquired by the public for access.
Finding: The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities (Subdivision Map Act §66473.1)
Evidence: The design of the project will meet the 2022 California Green Building Code which ensures that buildings will provide energy efficiency.
Finding: The City Council has considered the effects of the proposed subdivision on the housing needs of the region and that those needs are balanced against the needs for public services and the available fiscal and environmental resources (§66412.3).
Evidence: The Tentative Tract Map is consistent with the City's Housing Element, Goal 2 - New Housing, Policy 2.1 New Construction.
Finding: Tentative Tract Map is a project subject to the provisions of the California Environmental Quality Act.
Evidence: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) § I 5183, Projects Consistent with a Community Plan, General Plan or Zoning. As noted, the project site is and will be developed as a Single-family Residential (R-1) District with a map code designation of Low Density Residential and will be developed as such which is consistent and the intent of the General Plan.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
The foregoing recitals are true and correct; and
THAT THE CITY COUNCIL hereby finds that a full and fair public hearing has been held on the requested entitlement and the City Council has considered all public comments received thereon, both written and oral; and
THAT THE CITY COUNCIL hereby approves Tentative Tract Map based on the findings enumerated hereinabove, and subject to the conditions of approval as found in Exhibit 2
The forgoing Resolution of the City of Delano City Council was passed and adopted on the 1
51 day of May 2023.
AYES:
NOES:
ABSENT:•
ABSTAINt
ALINDAJAO/SOLORIO-RUTZ/NUNEZ/MORRIS
- ASQUEZ
- \
City Council
Resolution No. 2023-I 5
May I, 2023
CITY OF DELANO
STAFF REPORT
August 5, 2024
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By Roman Dowling, Public Works Director/City Engineer
Prepared by City Attorney’s Office
SUBJECT: Ordinance Amending the Delano Municipal Code to Modify Subdivision Utility Requirements and to Establish a Procedure for Modifying Final Subdivision Maps
RECOMMENDATIONS
Staff recommend the City Council take the following actions:
1. Conduct a public hearing; and
2. Conduct first reading and introduction of an Ordinance amending the Delano Municipal Code (“DMC”) to modify utility requirements in subdivisions and to establish a procedure for the modification of final maps (Attachment “A”).
DISCUSSION
1. Amending Section 16.12.030 – Utility Improvements of the DMC Currently, Section 16.12.030 of the Delano Municipal Code requires that all subdivisions include utility improvements of electrical and gas service to each parcel in the subdivision. Staff is proposing an amendment to that provision of Section 16.12.030 to require utility improvements of electrical and/or gas services, providing subdividers the ability to create dwelling units with utilities that are all-electric.
This amendment will ensure that the Delano Municipal Code is in compliance with current laws. The 2023 Ninth Circuit Court ruled in California Restaurant Association v.
City of Berkeley that local agencies could not prohibit the extension of fuel gas piping to new buildings. This ruling was based on The Energy Policy and Conservation Act (“EPCA”) which does not allow State and local regulations requiring or prohibiting the use of specific energy utilities, whether it be gas or electrical. This amendment would allow developers the opportunity to build all-electric dwelling units within the City of Agenda Item: _____
August 5, 2024
Delano. Moreover, these developers would enjoy the benefits of the California Energy Commission’s California Electric Homes Program that provides technical assistance and financial incentives to residential developers and builders constructing new, market-rate homes with all electric appliances and equipment. The program supports all-electric new construction practices and supports California’s advances energy efficiency policy goals.
2. Adding Section 16.32.360 – Modification of Recorded Maps to the DMC Staff is also proposing an amendment to the Delano Municipal Code to add Section
16.32.360 establishing a procedure for the modification of subdivision maps pursuant to Government Code Section 66472.1. Government Code Section 66472.1 provides that a local agency may set forth by ordinance a specific procedure for a recorded final map to be modified by a certificate of correction or an amending map if the local agency holds a public hearing and makes the following findings:
1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary; and
2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property; and
3. That such modifications would not alter any right, title or interest in the real property; and
4. That the modified map, design, and improvement of the subdivision are consistent with applicable general and specific plans; and
5. That the site is physically suitable for the type of development and the proposed density of development; and
6. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements.
Under the proposed code amendment, if the City Council determines that the abovementioned findings have been met, the requested modification shall be approved, and the applicant would have to record the amending map or certificate of correction.
If the City Council approves and introduces the attached Ordinance, staff requests direction to bring back this Ordinance at the next City Council meeting for second reading and adoption. Once adopted, the Ordinance will become effective 30 days thereafter.
FISCAL IMPACT
None.
ATTACHMENTS
A. Ordinance No. 2024 - ______
ATTACHMENT A
ORDINANCE NO. 2024 - ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, AMENDING TITLE 16 (SUBDIVISIONS) OF THE DELANO MUNICIPAL CODE TO AMEND SECTION 16.12.030 (UTILITY
IMPROVEMENTS) OF CHAPTER 16.2 (IMPROVEMENTS) MODIFYING
UTILITY REQUIREMENTS AND ADDING SECTION 16.32.360
(MODIFICATION OF RECORDED MAPS) TO CHAPTER 16.32 (FINAL MAP)
ESTABLISHING A PROCEDURE FOR THE MODIFICATION OF FINAL MAPS WHEREAS, the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general law; and
WHEREAS, the City of Delano City Council desires to update utility connection requirements for subdivisions to require adequate utilities, such as electric or gas, to each parcel in the subdivision; and
WHEREAS, pursuant to Government Code Section 66472.1, a local agency may set forth by ordinance a specific procedure for a recorded final map to be modified by a certificate of correction or an amending map if the local agency makes certain findings and holds a public hearing for such modification; and
WHEREAS, the City Council desires to establish such a procedure to modify recorded final maps as allowed under Government Code Section 66472.1.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DELANO,
CALIFONIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council for the City of Delano finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.
SECTION 2. Amendment. Section 16.12.030 – Utility Improvements – of the Delano Municipal Code is hereby amended and will read as follows (deletions in strikethrough and additions in double underline):
Title 16 – SUBDIVISIONS
Chapter 16.12 – IMPROVEMENTS
Section 16.12.030 – Utility improvements.
The following utility improvements are required:
A. Street lighting system, and adequate utility service, such as electrical and/or gas service, to each parcel in the subdivision;
B. Sanitary sewage collection and pumping system;
C. Municipal water distribution and fire protection system; D. Relocation and/or reconstruction of existing irrigation distribution lines as required by the public entity, the South San Joaquin Municipal Utility District (SSJMUD); E. Telephone and cable service to each residential parcel in the subdivision; F. Undergrounding of utility lines including electric, communications, street lighting and cable television in residential subdivisions.
SECTION 3. Amendment; Addition. Section 16.32.360 – Modification of Recorded Maps – of the Delano Municipal Code is hereby added to Chapter 16.32 – Final Map – and will read as follows (deletions in strikethrough and additions in double underline):
Title 16 – SUBDIVISIONS
Chapter 16.32 – FINAL MAP
Section 16.32.360 – Modification of Recorded Maps.
A. Purpose. The provisions of this section provide findings and procedures for modifications of recorded final maps or parcel maps in conformity with Government Code Section 66472.1.
B. Fees. The subdivider shall pay a fee for the modification of a final map in the amount charged by the county recorder for accepting the map for recordation. The recording fee shall be remitted to the city treasurer prior to the approval of the modified map.
C. Materials for Filing. A proposed change to a final or parcel map shall require submittal of the following:
1. The materials indicated by Section 16.28.020 and 16.28.080 of this title, or in the case of a minor land division, the materials indicated by Section 16.40.080 of this title; and
2. A detailed written description of the manner in which the proposed modification meets the findings described in subsection G of this section.
D. Applicants. An applicant for a revision to a recorded map shall be either:
1. The owner of title to the subject property or his authorized representative; or
2. The advisory agency.
E. Review. The proposed change of design or modification of conditions shall be reviewed by the Department of Public Works. A recommendation shall then be submitted to the City Council.
F. Public Hearing. Any proposed change of design and/or modification to conditions of a final map or parcel map will require a public hearing before the City Council according to the procedures specified in Government Code Sections 65090 and 65091. The subject of the hearing must be confined to consideration and action on the proposed modification.
G. Findings. In order to approve a modification to a recorded map as set forth in this section, the City Council shall make the following findings:
1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary; and
2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property; and
3. That such modifications would not alter any right, title or interest in the real property; and
4. That the modified map, design, and improvement of the subdivision are consistent with applicable general and specific plans; and
5. That the site is physically suitable for the type of development and the proposed density of development; and
6. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements.
H. Final Action. If the City Council determines that the findings specified by subsection G of this section have been met, the requested modification shall be approved, and the applicant shall submit to the county recorder an amending map or a certificate of correction, as determined by the local agency, in accordance with Government Code Section 66470.
SECTION 4. Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq., “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs., § 15000 et seq., “CEQA Guidelines”) because the actions contemplated do not constitute a “project,” pursuant to CEQA Guidelines § 15378.
SECTION 5. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance causing it to be posted as required by law.
PASSED AND ADOPTED this ___ day of ______________, 2024. __________________________
Joe L. Alindajao, Esq., Mayor
ATTEST:
_________________________
Nancy Garcia, City Clerk
APPROVED AS TO FORM
By: ________________________________
Mark D. Hensley, City Attorney