HomeMy WebLinkAboutT-4993 - Report - 2/8/2005 CRY of
MESNO REPORT TO THE CITY COUNCIL
AGENDA ITEM NO.
COUNCIL MEETING
June 29, 2004 APPROVED
DEPARTMENT DIRECTOR
FROM: NICK P. YOVINO, Director
Planning and Development Department CITY MANAGER
BY: ALAN KAWAKAMI, Chief Engineering Technician
Building & Safety Services Division
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 4993
RECOMMENDATIONS
1. ADOPT the attached Resolution approving the Final Map of Tract No. 4993 and accepting the dedicated
public uses therein.
2. AUTHORIZE the Public Works Director to execute the Subdivision Agreement and Statement of
Covenants Affecting Land Development for Landscape Maintenance.
3. AUTHORIZE the Public Utilities Director to execute the Statement of Covenants Affecting Land
Development Providing Special Solid Waste Disposal Services and Statement of Covenants Providing for
Sanitary Sewer Capacity in the Fowler Avenue Trunk Sewer and Deferring Payment of Interim Fee Surety
to the time of issuance of Certificate of Occupancy and Creation of Lien.
4. AUTHORIZE the Planning and Development Director to execute the Statement of Covenants Affecting
Land Development for Planting and Maintaining Front Yard Trees, and Statement of Covenants Affecting
Land Development Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban
Growth Management Fees and Development Fees to the time of issuance of Certificate of Occupancy
and Creation of Lien.
EXECUTIVE SUMMARY
The Subdivider, CENTEX HOMES, a Nevada General Partnership, has filed for approval, the Final Map of
Tract No.4993. The project, a second phase Final Map of Vesting Tentative Map No.4646/UGM for a 101-lot
single-family residential subdivision on 22.77 acres, is located on the east side of North Armstrong Avenue
between East Dakota and East Ashlan Avenues. The Final Map is technically correct and conforms to the
conditionally approved tentative map,the Subdivision Map Act and local ordinances; It is consistent with,and
implements the 2025 General Plan and the McLane Community Plan. The provisions of Sections 66457 and
66474.1 of the Subdivision Map Act require that such final map be approved by the City Council.
PROJECT INFORMATION
PROJECT The Final Map of Tract No. 4993, a 101 lot single-family residential subdivision
on 22.77 acres.
LOCATION The east side of North Armstrong Avenue between East Dakota and East
Ashlan Avenues.
(Council District 4, Council Member Castillo)
SUBDIVIDER CENTEX HOMES, a Nevada General Partnership
David Hatch, President
REPORT TO THE CITY COUNCIL
Final Map of Tract No. 4993
June 29, 2004
Page 2
LAND USE & ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban
Growth Management) zoning to become effective upon recording of the Final
Map pursuant to Rezone Application No. 94-03.
PLAN CONSISTENCY The project is consistent with the Medium-Low density residential land use
designation of the McLane Community Plan.
COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and
SUBDIVISION MAP ACT local subdivision ordinances applicable to the conditions of approval of Vesting
AND LOCAL Tentative Map No. 4646/UGM 534; the completion of all public improvement
ORDINANCES requirements have been guaranteed and applicable fees paid.
BACKGROUND
Tentative Map Approval: The Fresno City Planning Commission on April 6, 1994 adopted Resolution
No. 10596 approving Vesting Tentative Map No. 4646/UGM 534 (Tentative Map) for a 214-lot single-family
residential subdivision, to be developed at an overall density of 4.6 units per acre.
Minor Tentative Map revisions were approved by the Planning and Development Director on January 24,2001
in accordance with FMC§12-1005.2(b)(3),to remove Outlot A, originally offered for a will site, but not required
by Public Utilities Water Division, and to increase the number of lots by one to 215 lots. The project remains
consistent with the Medium-Low density plan designation of the McLane Community Plan. A second minor
Tentative Map revisions were approved by the Planning and Development Director on April 2,2001 to correctly
show the boundary of the tentative map along the north side of the subdivision and reduce the street right-of-
way for East Hampton Way from 56 to 50 feet between North Fowler and North Armstrong Avenues. The
original map filed with the City indicated that the Gould Canal bordering the tentative map to the north whose
centerline is the city limits with the City of Clovis, was not part of the map and owned in fee by the Fresno
Irrigation District. The Fresno Irrigation District has determined that the canal is within a prescriptive easement
and the ownership, in fee, of the south half of the canal is vested with owner of the reminder of the subdivision
site. The revision shows the Gould Canal as a right-of-way of approximately 50 feet from the center of the
canal also the City limits and extends the proposed lot lines the center of the canal. The reduction of street
right-of-way will provide additional lot depth to compensate for the increased canal right-of-way. The project
would remain consistent with the Medium-Low density residential plan designation shown for the site on the
McLane Community Plan.
The approval of the Tentative Map remains effective until April 6, 2005.
Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision
Agreement and has posted securities in the amount of$721,000 for performance and$360,500 for labor and
materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in
the amount of$135,861.00 for applicable fees and has entered into a covenant to defer the payment of certain
sewerconnection charges,water connection charges, Urban Growth Management fees and developmentfees
in the amount of$263,138.56 to the time of issuance of Certificates of Occupancy. The Subdivider has also
entered into covenants providing for special solid waste disposal services for certain lots; providing for sanitary
sewer capacity in the Fowler Avenue Trunk Sewer and deferring payment of interim fee surety to the time of
issuance of certificate of occupancy and creation of lien; planting and maintaining front yard trees and
landscape maintenance.
REPORT TO THE CITY COUNCIL
Final Map of Tract No. 4993
June 29, 2004
Page 3
The subdivision documents, securities and resolutions have been reviewed and approved by the City
Attorney's office.
Landscape Area Maintenance: A condition of approval of the Tentative Map is to install and maintain the
landscaping and irrigation system in the 10-feet wide landscape easements of all lots that side-on and back-
onto North Armstrong Avenue. The Subdivider has elected to satisfy the maintenance requirement by
annexing the subdivision into the City's Community Facility District No.2(CFD-2). This condition was satisfied
with the annexation of the tract into CFD-2 on June 17, 2003.
The Subdivider has executed the covenant for Landscape Maintenance and as a condition of the Subdivision
Agreement, is required to provide every prospective purchaser of each lot of the subdivision the "Notice of
Special Tax", in accordance with the provision of Section 53341.5 of the California Government Code. The
estimated annual assessment under CFD-2 is $37.00 per lot.
Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 56-foot width
standards and be fully improved with standard curbs, gutters, street lighting, permanent pavement and
sidewalks on both sides of the streets.
Attachments: Vicinity Map
Revised Vesting Tentative Map No. 4646
Final Map of Tract No. 4646
Resolution Approving the Final Map of Tract No. 4646
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 4993 AND
ACCEPTING DEDICATED PUBLIC USES THEREIN
WHEREAS, CENTEX HOMES, a Nevada General Partnership, has offered for approval a
Final Map designated as Tract No. 4993, a Phase II of Vesting Tentative map Tract No. 46461UGM 534
("map"), pursuant to approved Vesting Tentative Map No. 4646 ("tentative map"); and,
WHEREAS, all the certificates which appear on the map (except the approval certificate of
the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno)
have been signed and acknowledged and said map has been filed for approval; and,
WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the
State of California, and City ordinances, resolutions and standards, except that Section 66492 and
66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this
resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County
a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council;
and,
WHEREAS, the Council finds that the proposed subdivision, together with the provisions for
its design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and
others have offered for dedication certain streets, public utility easements, access rights and other
public properties and uses as shown and delineated upon said map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved
said tentative map.
Resolution Approving the Final Map of Tract No. 5010
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. That the map is hereby approved and all of the streets, public utility easements, access rights
and other public properties and uses offered for dedication on the map are hereby accepted,
subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act
prior to release of the map for recordation.
2. The Council finds that the map is in substantial compliance with said tentative map, any
deviations therefrom being deemed to be approved by the Council.
III
Resolution Approving the Final Map of Tract No. 5010
Page 3
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
1, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was
adopted by the Council of the City of Fresno, California, at a regular meeting held on the
day of , 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
REBECCA E. KLISCH, CMC
CITY CLERK
By:
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY
By:
Deputy