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FINAL MAP AND SUBDIVISION AGREEMENT FOR WESTLAKE VILLAGES UNIT NO. 6 (VILLAGE C1) PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map; and
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 Westlake Villages, Unit No. 6 (Village C1), Tract No. 3542.
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
On October 14, 2004, the City Planning Commission approved two Tentative Maps (TM18-04 A&B) for Westlake Villages Project located south of Eight Mile Road and west of Spanos Park West and Interstate Route 5. The Tentative Maps were approved subject to specified conditions to be met upon subdivision of the project site (Attachment A - Vicinity Map). The Westlake Villages Project is a planned residential community consisting of 2,630 single family residential homes, commercial, a school, parks, and fire station, within a setting of manufactured lakes.
The typical practice for developing a large master planned subdivision such as Westlake Villages is for a developer to prepare final maps for smaller portions of the Project in orderly phases. Public utilities and streets are extended from the prior phase and constructed within the newly mapped phase area. Any planned fire station, parks, school and commercial uses may be constructed when sufficient residents are in place to create the demand for such facilities. In 2006 and 2007, three final maps were approved for the initial phases of residential development that resulted in the construction of 322 single family homes.
The proposed resolution approves the final map and authorizes the City Manager to execute the Subdivision Agreement between Stockton Westlake Investment LLC, accept all offers of dedication, and recordation of the map for Westlake Villages, Unit No. 6 (Village C1), Tract No. 3542. The subdivision contains 16.71 acres divided into 87 lots for the construction of residential homes and 1 lot for landscape purpose. Review and approval of the Final Map and Subdivision Agreement is necessary to ensure the conditions of the Development Agreement and 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 Stockton Westlake Investment LLC fulfilled all necessary conditions.
DISCUSSION
Background
On September 14, 2004, City Council approved development applications for Spanos Family Partnership for an approximate 681-acre project site located south of Eight Mile Road, west of Spano Park West and Interstate 5, north of Pixley Slough and Disappointment Slough, and east of Bishop Cut and Rio Blanco Road. Council’s approvals included an Environmental Impact Report, General Plan Amendment, Development Agreement, Pre-zoning for mixed use, Annexation application, and a Master Development Plan to facilitate a residential community consisting of 2,630 single family residential homes, commercial, a school, parks, and a fire station, within a setting of manufactured lakes.
On October 14, 2004, the City Planning Commission approved two Tentative Maps (TM 18-04 A&B) for a proposed property subdivision of the Westlake Villages Project site. Tentative Map 18-04A showed how the proposed site would be divided up into smaller parcels creating the 2,630 residential lots, of which 792 lots were intended for active adult community, and lots for the fire station, parks, school, landscaping, lake and various accessory lots. Tentative Map 18-04B proposed how the site would be divided up into 30 large lots to provide the developer an opportunity to sell larger blocks of developable land off while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.
For background on subdivision mapping, 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 of 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.
On January 31, 2006, City Council approved the Westlake Villages Unit No. 1 Final Map which established 45 large lots for the overall project site and dedicated all public rights-of-ways and easements to the City (Reso. No. 06-0059). On May 16, 2006, City Council approved Unit No. 2 Final Map that created 75 single family lots (Reso. No. 06-0263) and Unit No. 3 Final Map that created 91 single family lots (Reso. No. 06-0264) which led to the commencement of phased residential construction in Westlake Villages. On September 14, 2006, City Council approved Unit No. 4 Final Map that created 156 single family lots (Reso. No. 06-0486). Due to the economic slowdown, no further mapping or construction of new residential units occurred within the Westlake Villages Project site up to the present request.
On June 19, 2018, City Council approved the formation of Community Facilities District (CFD) No. 2018-2 for Westlake Villages II and adopted an Ordinance to levy Special Taxes within the CFD to finance the construction of capital infrastructure and on-going services related to police, fire, parks, roads, and open space. The purpose of the services tax component is to off-set the net negative financial impact of residential development (Resolution 2018-06-19-1502-01, Ordinance 2018-06-19-1502).
Present Situation
On November 1, 2018, Stockton Westlake Investment LLC submitted a final map to continue the subdivision process for the earlier approved Tentative Maps. The subdivision name is Westlake Villages, Unit No. 6 (Village C1) and will subdivide an approximately 16.71 acre project site into 87 residential lots and 1 lot for a landscape strip. The residential parcels, ranging in size from 5,035 to 6,586 square feet, will be provided access to public streets throughout the project site. Pursuant to the Development Agreement, tentative maps remain valid for use for up to 20 years and do not expire until September of 2024.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right of way easements, paying proportionate share fees towards off-site improvement costs 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 Stockton Westlake Investment LLC 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 $151,625. These fees have been deposited in various development fees 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.
On June 19, 2018, the City Council adopted an Ordinance (Ordinance 2018-06-19-1502) of the City of Stockton Levying Special Taxes within the City of Stockton Community Facilities District No. 2018-02 (Westlake Villages II) to provide funding for the necessary subdivision infrastructure improvements and on-going City services to support project development. The expectation is the new fire station proposed within the Westlake Villages Development would be constructed in a future development phase when needed to address the residential demand. Since this Final Map and Subdivision Agreement are only creating 87 lots for new residential homes, there is no financial impact to the City as a result of the execution of the subdivision agreement as the costs to construct the required infrastructure improvements and develop the subdivision are borne by the developer and addressed with the formation of the community facilities district.
Attachment A - Vicinity Map