FOR THE COUNCIL MEETING OF NOVEMBER 21, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
Prepared by: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Approving the Termination of Subdivision Improvement Agreement with NKT Commercial I for Tract 6000, Enos Ranchos
Description:
The City Council will consider approving the termination of the Subdivision Improvement Agreement with NKT Commercial I for Tract 6000, Enos Ranchos. The Subdivision Improvement Agreement is no longer necessary and can be terminated.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to S tate Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving the termination of the Subdivision Improvement Agreement with NKT Commercial I for Enos Ranchos Final Map, Tract 6000.
BACKGROUND:
The Tentative Tract Map for Tract 6000, Enos Ranchos subdivision was approved by the City Planning Commission on March 16, 2016. The City Council approved the Final Map and Subdivision Improvement Agreement on May 3, 2016. Tract 6000 created one high- density residential lot, one school site lot, one open space/park site lot, sixteen commercial lots, and one lot for bank and office. The 113.39-acre subject area is generally located south of Battles Road, east of College Drive, north of Betteravia Road, and west of US Highway 101. The purpose of the Subdivision Improvement Agreement is to guarantee the installation of public improvements such as roads, streetlights, sidewalks, and public landscaping as required by the Santa Maria Municipal Code.
DISCUSSION:
Developer NKT Commercial I installed all required public improvements identified in the Subdivision Improvement Agreement and Tentative Tract Map Conditions of Approval.
The bonds identified in the Subdivision Improvement Agreement have been re leased.
The Subdivision Improvement Agreement is no longer necessary and can be terminated.
NKT Commercial I requested the Release and Termination of Subdivision Improvement 2 be executed to eliminate the Subdivision Improvement Agreement as an exception to the title of any property within Tract 6000.
Alternative(s)
City Council may direct staff to review and revise the Subdivision Improvement Agreement for improvements identified that should have been installed as part of the Subdivision Improvement Agreement. At the time of this report, staff did not identify any improvements that were not installed or modifications to recommend to the City Council.
Fiscal Considerations
The Subdivision Improvement Agreement has been fulfilled by the Developer and not terminating the agreement maintains an exception to the title of parcels created under Tract 6000. The Subdivision Improvement Agreement no longer protects the City, as the City is not at risk of developer defaulting or failing to construct the improvements.
Impact to the Community
Impacts were addressed through the environmental and planning processes. The tract followed the General Plan and Specific Plan for the orderly development of the area. The Subdivision Improvement Agreement no longer serves a purpose and can be terminated without impact to the community.
ATTACHMENTS
A. Release and Termination of Subdivision Improvement Agreement Enos Ranchos Tract 6000