title
FINAL MAP AND SUBDIVISION AGREEMENT FOR BD HOMES PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for BD Homes, Tract No. 4034.
2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for BD Homes, Tract No. 4034.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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Summary
The proposed resolution approves the final map and authorizes the City Manager to execute the Subdivision Agreement between Russell Bowers, Trustee of the Russell Bowers Trust, accept all offers of dedication, and recordation of the map for BD Homes, Tract No. 4034. The subdivision contains 2.308 acres divided into 13 lots for the construction of residential homes. On March 14, 2019, the City Planning Commission approved the Tentative Map (TM P18-0688) for the proposed property subdivision located north of Wagner Heights Road and west of Thornton Road. The Tentative Map was approved subject to specific conditions to be met upon the subdivision of the project site. The project is zoned Residential, Low Density (Attachment A - Vicinity Map).
Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the conditions of the Tentative Map have been fulfilled. If the final map is approved by the City Council, the City will transmit the map and subdivision agreement to the County Recorder for recordation. It is recommended that Council adopt the proposed resolution as Russell Bowers, Trustee of the Russell Bowers Trust, fulfilled all necessary conditions.
DISCUSSION
Background
On March 14, 2019, the City Planning Commission approved the Tentative Map (TM P18-0688) for a proposed property subdivision of 2.308 acres into 13 residential lots. The tentative map was approved subject to specified conditions to be met upon subdivision of the project site.
Any subdivision of land within the City of Stockton is subject to the Subdivision Map Act (California Government Code Sections 66410-66499.37) and the Stockton Municipal Code (SMC) (Title 16, Division 6). The first step in the subdivision process is the tentative map, which is considered a preliminary lot layout design and shows the existing conditions in and around the site. Through the tentative map process, the project will be subject to review by the Development Review Committee (City Department representatives) for recommendation to the Planning Commission (final approval authority). The Map Act and the SMC allow for conditions to be placed on the tentative map at the discretion of the approving authority for consideration in a noticed public hearing. As an example, conditions may consist of requirements to dedicate land area for parks, streets, and utility improvements.
The second step in the subdivision of land is the final map, which is prepared based on an accurate and detailed final survey of the property being subdivided. The final map is subject to review by the City Engineer for technical accuracy, confirmation that it substantially conforms with the approved tentative map, and any required conditions are completed or incorporated within a subdivision agreement. A subdivision agreement is a binding contract between the subdivider and the City where the subdivider agrees to construct all public infrastructure improvements in accordance with plans approved by the City Engineer. The subdivision agreement is binding on all successors in interest and provides for assignment of the contractual responsibilities, all or in part, to a future buyer subject to the consent of the City Manager.
The City Engineer forwards the final map, subdivision agreement, and any offers of dedication to the City Council for consideration and approval. If approved, the final map and subdivision agreement are recorded, and legal lots are created.
Assuming all conditions of the Tentative Map are fulfilled, the review and approval of the Final Map is a ministerial action. As required by Government Code Section 66458 and SMC Section 16.192.020.B.4.a, the Council shall approve the final map if it conforms to all the requirements of the Map Act and all provisions of the Development Code that were applicable at the time that the tentative map was approved and is in substantial compliance with the approved tentative map. The Map Act allows tentative maps to be conditioned or denied if certain findings specified in Government Code Section 66474 are made relating to consistency with the General Plan and applicable specific plan, the suitability of the site for the proposed development, environmental impacts, public health, and conflicts with public easements. No additional conditions may be added to a final map.
Present Situation
Russell Bowers, Trustee of the Russell Bowers Trust, submitted the final map to complete the subdivision process for the earlier approved Tentative Map. The subdivision name is BD Homes and will subdivide the property into 13 residential lots, ranging in size from 5,003 to 10,342 square feet, will be provided access to public streets throughout the project site. Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are fulfilled. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right of way easements, and posting security bonds to guarantee the subdivision improvements.
The subdivision agreement contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication and authorizes recordation of the final map. It is recommended that Council adopt the proposed resolution as Russell Bowers, Trustee of the Russell Bowers Trust, fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the subdivision agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of $38,381.21. These fees have been deposited in various development fee accounts in the Development Services Fund (048-1825 and 048-7451) and Street Sign Public Facility Fee Fund (979). All other fees will be assessed at the time building permits are issued.
The project has annexed into the Citywide Community Facilities District (CFD) 2018-3 for services and maintenance. There is no financial impact to the City as a result of the execution of the subdivision agreement.
Attachment A - Vicinity Map