16 RECORDING REQUESTED BY:
CITY OF HANFORD
AND WHEN RECORDED, MAIL TO:
CITY CLERK
CITY OF HANFORD
317 N. Douty
HANFORD, CA 93230
Gov. Code 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
FIRST AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
HOLLY HILLS TRACT 915-2, ENCLAVE 66
This First Amendment to Subdivision Improvement Agreement (“Amendment”) is effective as of the _______ day of ______________, 2026 (“Effective Date”) and is entered into by and between the City of Hanford, a municipal corporation (“CITY”) and Enclave 66, LLC, a California limited liability company (“SUBDIVIDER”).
Recitals
A. WHEREAS, CITY and SUBDIVIDER executed that Subdivision Agreement for Tract 915-2 (“Agreement”), dated June 15, 2023; and
B. WHEREAS, the Agreement was executed in association with the Final Map for Tract No. 915, Unit 2 recorded on July, 21, 2023 in Volume 27, of Maps, at Page 25, Kings County Records, as Fee Book No. 2310549, which is incorporated herein by reference; and C. WHEREAS, per Hanford Municipal Code Section 16.24.110.A., all subdivision improvements for Tract 915-2 were to be completed within twenty-four (24) months after the recording of the Tract 915-2 Final Map; and
D. WHEREAS, Hanford Municipal Code Section 16.24.110.C. allows for the completion date for subdivision improvements to be extended by the Hanford City Council upon written request of a developer submitted to CITY not less than thirty (30) calendar days prior to the expiration of the project’s subdivision improvement agreement; and
E. WHEREAS, SUBDIVIDER did not submit a request to extend the Agreement in accordance with Hanford Municipal Code Section 16.24.110.C.; and F. CITY is willing to waive the deadline for SUBDIVIDER’s submission of an Agreement extension request.
NOW, THEREFORE, for valuable consideration received, CITY and SUBDIVIDER hereby amend the Agreement as follows:
17 A. Restriction on Development and Sale of Lots:
1. SUBDIVIDER will not sell or lease any lots within the SUBDIVISION prior to SUBDIVIDER’s completion and CITY’s acceptance of all outstanding SUBDIVISION improvements subject to the Agreement or this Amendment.
2. SUBDIVER shall update plans to be submitted to the Building Department for review that reference the 2025 California Building Code Standards.
3. CITY will issue no building permits for residential structures within the SUBDIVISION until all SUBDIVISION improvements subject to the Agreement or this Amendment have been completed by SUBDIVIDER and accepted by CITY.
4. With respect to any residential structures within the SUBDIVISION for which CITY previously issued building permits, SUBDIVIDER will receive Certificates of Occupancy for such structures at such time that: (i) all SUBDIVISION improvements required under the Agreement or this Amendment have been completed by SUBDIVIDER and accepted by CITY; and (ii) the CITY’s Building Division performs final inspections and approves the residential structures.
B. Landscaping and Irrigation: SUBDIVIDER shall complete the installation of landscaping, irrigation and block wall along Millennium Way and Aquifer Drive development frontages as shown in the approved landscape improvement plans as a condition of Notice of Completion issuance.
C. Street Improvements: SUBDIVIDER shall complete all paving, signage, pavement striping and energizing of streetlights on interior streets, Millennium Way and Aquifer Drive as shown in the approved improvement plans as a condition of Notice of Completion issuance.
D. Storm Drainage System: SUBDIVIDER shall ensure that storm drain inlets are free of debris and that all SWPPP mitigation measures are in place and maintained for the duration of the project.
E. Weed Abatement and Dust Control: SUBDIVIDER shall on a consistent basis, monitor and control weed growth for both interior and exterior of the subdivision. Fugitive dust shall be mitigated for uncompleted portions of the development by installing a dust palliative and reapplied at intervals per product manufacturers directions.
F. Community Facilities District:
1. SUBDIVIDER acknowledges that, as a condition of approval (“CFD Condition of Approval”) for Tract No. 915, a residential subdivision project known as “Enclave 66,” a Community Facilities District (“CFD”) shall be formed for the purpose of funding public safety services (“CFD Public Safety”). It is further contemplated that SUBDIVIDER, as the party that owns the land comprising the SUBDIVISION will cast the votes required under the California Government Code to approve the special taxes (“Special Taxes”) to be levied by the CFD.
18 2. All costs associated with the formation of the CFD will be at the expense of the SUBDIVIDER. Upon receipt of CITY’s written request, SUBDIVIDER will deposit with CITY an amount representing the anticipated costs that CITY will incur to form the CFD. SUBDIVIDER will deposit additional amounts should CITY anticipate that the deposit held by CITY will be insufficient to complete the process to form the CFD and levy CFD assessments.
3. The CFD formation and the approval of assessment amounts are material conditions to the amended Agreement. Should SUBDIVIDER oppose the CFD formation or fail to utilize its voting authority to approve the CFD assessment amounts, this Amendment shall automatically terminate and SUBDIVIDER will be deemed in default of the Agreement.
G. Agreement Expiration: The amended Agreement shall expire three-hundred sixty-five (365) calendar days from the date of which this Amendment is approved by City Council (“Expiration Date”). All IMPROVEMENTS required under the Agreement and this Amendment, including, without limitation, landscaping, irrigation, block wall and street improvements referenced herein, must be completed by the Expiration Date.
H. Default: If SUBDIVIDER defaults hereunder, CITY may terminate this Agreement by providing written notice to SUBDIVIDER and/or pursue any remedy available at law or in equity.
The remedies available to CITY upon termination will include, without limitation, the filing of a claim under SUBDIVIDER’s performance and payment security for the completion of the IMPROVEMENTS. Remedies available to CITY shall be cumulative and not restrictive.
I. Effect of Amendment: All terms and conditions of the Agreement that are not otherwise amended herein shall remain in full force and effect.
J. Miscellaneous:
1. If an action at law or in equity is necessary to enforce or interpret the terms of this Amendment, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which it may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court for the County of Kings, State of California for any proceeding arising hereunder.
2. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
3. No change, amendment or modification of the Agreement shall be valid unless the same be in writing and signed by the parties hereto.
19 4. Waiver of a breach or default under the Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment at Hanford, Kings County, California.
Dated: ______________________, 2026
SUBDIVIDER
ENCLAVE 66, LLC, a California limited
liability company
By: ______________________________
DANIEL BAILEY
Manager
Dated: ______________________, 2026
CITY
CITY OF HANFORD, a municipal corporation
By: ______________________________
Frank Senteno, P.E.
Utilities and Engineering Director
Dated: ______________________, 2026
ATTEST:
By: _____________________________
NATALIE CORRAL
City Clerk
20 STATE OF CALIFORNIA )
) SS
COUNTY OF ____________ )
On ______________, 20___, before me, _________________________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
________________________________
NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
21 STATE OF CALIFORNIA )
) SS
COUNTY OF ____________ )
On ______________, 20___, before me, _________________________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
________________________________
NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
1 RESOLUTION NO. 26-64-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD, CALIFORNIA, REGARDING COMPLETION OF TRACT 915-1 AND TRACT 915-2
SUBDIVISION IMPROVEMENTS
At a regular meeting of the City Council of the City of Hanford, duly called and held on October 20, 2026, at 7:00 p.m., it was moved by Council Member _________________, and seconded by Council Member ____________________, and duly carried that the following resolution be adopted:
WHEREAS, the City of Hanford (“City”) and Enclave 66, LLC (“Subdivider”) executed Subdivision Improvement Agreements (“Subdivision Agreements”) for Tract No. 915 Unit 1 (“Tract 915-1”) and Tract No. 915 Unit 2 (“Tract 915-2”); and WHEREAS, pursuant to the Subdivision Agreements, Subdivider was to construct subdivision improvements associated with Tract 915-1 and Tract 915-2; and WHEREAS, the required subdivision improvements include, without limitation, a sanitary sewer lift station and force main (collectively “Sewer Improvements”); and WHEREAS, the term of each Subdivision Agreement was twenty-four (24) months, commencing on July 21, 2023, the date on which the Final Maps for Tract 915-1 and Tract 915-2 were recorded; and
WHEREAS, Subdivider failed to construct various subdivision improvements, including, without limitation, the Sewer Improvements, prior to the expiration of the Subdivision Agreements; and
WHEREAS, Subdivider’s construction of improvements under the Subdivision Agreements is secured by performance bonds; and
WHEREAS, the City worked with Subdivider in an attempt to prepare Amendments to the Subdivision Agreements to allow Subdivider additional time to complete the required subdivision improvements, including the Sewer Improvements; and WHEREAS, the parties were unable to identify mutually agreeable amendment terms; and WHEREAS, the Sewer Improvements are required for the development of properties in the vicinity of Tract 915-1 and Tract 915-2, and the delayed construction of the Sewer Improvements impacts the development of those nearby properties; and WHEREAS, Hanford Municipal Code Section 16.24.110.A. indicates that, if a subdivider fails to complete subdivision improvements within the time specified in a Subdivision Agreement, the City Council, by resolution, may cause any uncompleted improvements to be completed; and WHEREAS, the City Council finds that it is the City’s best interest for the City to cause the Sewer Improvements to be completed in accordance with Hanford Municipal Code Section
2 16.24.110.A. and that it may be in the City’s best interest to cause the remaining subdivision improvements for Tract 915-1 and Tract 915-2 to be completed.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Manager of the City of Hanford (“City Manager”) and his designee(s) are hereby directed to: (i) terminate the Subdivision Agreements as result of Developer’s failure to timely construct the required subdivision improvements; and (ii) revoke any permits previously issued by the City for Developer’s construction of the improvements required under the Subdivision Agreements.
2. Pursuant to Hanford Municipal Code Section 16.24.110.A., the City will cause the Sewer Improvements to be completed. The City Manager and his designee(s) shall undertake all necessary actions to cause the Sewer Improvements to be completed.
3. The City Manager and his designee(s) shall have the discretion to cause any remaining subdivision improvements required under the Subdivision Agreements to be completed if the City Manager or his designee(s) determines that the completion of such improvements serves the City’s best interest.
4. The City Manager and his designee(s) are hereby directed to collect from Subdivider and/or Subdivider’s performance bond underwriter Subdivider’s fair share of construction costs for the Sewer Improvements and/or other subdivision improvements that the City may cause to be completed in accordance with this Resolution.
PASSED, ADOPTED AND APPROVED this 20th day of October, 2026 by the following vote:
AYES:________________________________________________________________________ NOES:________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ Approved _______________________________
MARK KAIRIS
Mayor
Attest:
________________________
NATALIE CORRAL
City Clerk
3 STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 20th day of October, 2026.
Date:
City Clerk
13.C.
AGENDA
STAFF REPORT
MEETING DATE: 10/20/2026 AGENDA SECTION: GENERAL BUSINESS SUBJECT:
Hidden Valley Park – Project Update and Direction to Initiate General Plan and Zoning Amendments Regarding Approximately 18 Acres Adjacent to the Existing Park RECOMMENDATION:
Recommendation: Receive an update on the 18-acres adjacent to Hidden Valley Park and approve the initiation of a General Plan amendment and zone change to consider redesignating the area from Low Density Residential to Open Space and from R-L-5 (Low Density Residential) to PF (Public Facilities).
Recommended Motion: I move to approve the initiation of a General Plan amendment from Low Density Residential to Open Space and a zone change from R-L-5 (Low Density Residential) to PF (Public Facilities) for the 18-acre area adjacent to Hidden Valley Park, and direct staff to complete the environmental review process and bring the proposed amendments before the Planning Commission and City Council for consideration.
BACKGROUND:
The undeveloped 18 acre portion of property adjacent to Hidden Valley Park currently has residential General Plan and zoning designations. To establish land use designations that could allow for park space, the City would need to amend both the General Plan Land Use Map and the Zoning Map.
This item provides an update on the project status and requests Council authorization to initiate the zoning and General Plan amendment processes. Final approval of the zoning and General Plan amendment would occur following environmental review and the required public hearings. During the history of this site as described in recent City Council discussions, this action to zone park or housing has been done and debated several times over the past few decades.
Initiation authorizes staff to begin the process for the proposed amendments; it does not change the existing land use or zoning designations or approve construction of the park expansion. The City Council retains discretion to approve, modify, or deny the proposed amendments following environmental review and public hearings.
Project Status and Environmental Review:
Crawford & Bowen Planning has prepared an administrative draft Initial Study/Mitigated Negative Declaration for the proposed park expansion along with the necessary environmental studies. The document has been circulated to City staff for review, with formal circulation to follow.
The environmental document evaluates the proposed expansion and associated land use changes.
Preparing and circulating it are steps toward completing the California Environmental Quality Act (CEQA) process; the document will return for consideration and adoption by City Council before the City approves the proposed amendments.
Proposed Land Use and Zoning Changes:
Map Existing designation Proposed designation
General Plan Land Use Map Low Density Residential Open Space Zoning Map R-L-5 – Low Density Residential PF – Public Facilities Staff will prepare the amendment boundaries, map exhibits, required findings, and supporting resolutions and ordinance. This work will include reviewing consistency with the General Plan and Housing Element.
Approval Process and Estimated Schedule:
The environmental review and amendment preparation can proceed concurrently. However, formal public review, consideration of comments, public hearings, and ordinance adoption must occur before the zoning change becomes effective.
Step Work required Estimated time
Complete staff
review and prepare
amendments
Resolve staff comments, revise the environmental
document, and prepare maps and supporting
materials.
Completed
Environmental
circulation
Publish the required notice and make the draft
environmental document available for comment.
The schedule should allow for a 30-day review
period, consistent with State circulation
requirements.
Approximately 30 days
Address comments Evaluate comments, make necessary revisions, and finalize the environmental document.
Approximately 2–4
weeks, depending on
comments
Planning
Commission and
City Council
hearings
Hold a noticed Planning Commission hearing and
obtain a recommendation, followed by a separately
noticed Council hearing.
Approximately 4–6
weeks, depending on
meeting schedules
Final adoption Return the zoning ordinance for a second reading and adoption at a subsequent Council meeting.
Approximately 6
weeks after
introduction
A proposed Mitigated Negative Declaration submitted to the State Clearinghouse generally requires at least 30 days of public review. Comments must be considered before adoption, and substantial revisions may require another circulation period. The City’s Municipal Code requires Planning Commission review and recommendation before the Council hearing. The ordinance’s 30-day effective period follows final passage.
For planning purposes, a reasonable estimate is a minimum of six to seven months from Council initiation through the effective date. Several of the tasks can overlap, and if initiated in October 2026, this would place an estimated completion around May 2027. This estimate assumes a routine process with no additional environmental circulation. Substantial comments or unforeseen circumstances during the environmental process could extend the schedule.
ALTERNATIVE ACTION:
City Council may defer this action and consider this action at a future date. As described above the entire process to rezone this land will take 6-7 months and considerable time by staff, the Planning Commission, and City Council. By deferring this action, City Council may lean on the future Blue Ribbon Recreation Advisory Committee for recommendations on project and funding priorities. In addition, in mid-2027, the City Council will be considering and adopting a budget for fiscal years 2027/2028 and 2028/2029. Additional time may provide the City with a better understanding of project priorities and financial feasibility to deliver a project of this magnitude in the future (projected to be in the millions of $s).
Any other use or exchange of the property would require City Council action, so there is no foreseeable change in use until formal action occurs.
FISCAL IMPACT:
Initiating the amendments will involve staff time, public noticing, environmental document processing, and applicable filing fees. Any additional consultant services or funding requests will be brought forward separately as needed. Park design and construction will require separate funding and subsequent Council actions.
STRATEGIC GOAL: Indicates which City Strategic Goal(s) this item supports.
Check all that apply.
☐
Quality of
Life
☐
Community
Engagement
☐
Fiscal
Sustainability
☐
Efficient &
High
Performing
Government
ATTACHMENTS:
None
Council Future Agenda Items
Originated
Date Item Originator Staff Lead Date Estimate
11/18/2025 RFP for City Attorney Services City Council Chris Tavarez Mid 2027 6/16/2026 Discussion of potential social media
policy amendments regarding
monetization of the Council’s social
media platforms
City Council Chris Tavarez
Brian Johnson
TBD