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HomeMy WebLinkAboutT-5029 - Report - 2/15/2005 CRY of ,nE8 REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING October 28, 2003 APPROVEDBY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director CITY MANAGER Planning and Development Department BY: ALAN KAWAKAMI, Chief Engineering Technician Building &Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5029 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5029 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision Agreement. b. Statement of Covenants Affecting Land Development for Landscape Maintenance. c. Statement of Covenants Affecting Land Development for Temporary Off-Site Street Facilities. 3. AUTHORIZE the Planning and Development Director to execute the: a. 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. b. Statement of Covenants Affecting Land Development for Front Yard Trees. EXECUTIVE SUMMARY The Subdivider, DC 5029 L.P., a California Limited Partnership, has filed for approval, the Final Map of Tract No. 5029. The project, Phase I of Vesting Tentative Map No.5029/UGM for a 290-lot single-family residential subdivision on 78.77 acres, with 1-outlot to be deeded to the Fresno Metropolitan Flood Control District for future public ponding expansion, is located at the southeast comer of North Millbrook and East Copper 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 Woodward Park Community Plan. The provisions of Sections 66458 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. 5029, a 290-lot single-family residential subdivision with 1-outlot on 78.77 acres. LOCATION Southeast comer of North Millbrook and East Copper Avenues (Council Disbict 6, Councilmember Duncan) SUBDIVIDER DC 5029 L.P., a California Limited Partnership Jerry A. DeYoung, President of Team 5 Properties, as General Partner REPORT TO THE CITY COUNCIL Final Map of Tract No. 5029 October 28, 2003 Page 2 LAND USE & ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management) zoning is existing pursuant to Rezone Application No. 01-31. PLAN CONSISTENCY The project is consistent with the medium-low density residential land use designation of the Woodward Park 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. 5029/UGM; 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 April17, 2002, adopted Resolution No. 11704, conditionally approving Vesting Tentative Map No. 5029/UGM (Tentative Map) for a 336-lot single-family residential subdivision, with 3-outiots for future development to be developed at an overall density of 4.3 units/acre. A minor map revision was approved by the Development Department Director on April 25, 2002 in accordance with F.M.C. § 12-1005.2(b)(3) to reduce the number of lots from 336 to 334 lots, to adjust East Copper Avenue to conform to the planned width and alignment for East Copper Avenue, and to adjust the lots and interior local street alignments affected by the shifting of East Copper Avenue. The project remains consistent with the medium-low density designation of the Woodward Park Community Plan. The approval of the Tentative Map remains effective until April 19, 2004. Subdivision Agreement, Securities, Fees &Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $5,214,000 for performance, $2,607,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$1,002,691.97 for applicable fees and has entered into a covenant to defer the payment of certain sewer connection charges,water connection charges, Urban Growth Management fees and development fees in the amount of$881,281.81 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance, Temporary Off-Site Street Facilities and to Plant and Maintain Front Yard Trees. The subdivision documents, securities and resolution have been reviewed and approved by the City Attorneys office. Landscape Maintenance District: A condition of approval of the Tentative Map is to install and maintain the landscaping and irrigation system in the landscape easements on all lots that side-onto or back-onto East Olympic, East Copper and North Millbrook Avenues. 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 Tract No. 4697 into CFD-2 on June 5, 2003. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5029 October 28, 2003 Page 3 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 $236.74 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 54-foot width standards and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. Attachments: Vicinity Map Vesting Tentative Map No. 5029 Final Map of Tract No. 5029 Resolution Approving the Final Map of Tract No. 5029 CRFT 5029 00=/03 FINAL MAP TRACT NO. 5629 lir NO IOWA p4 � �c�occccoceceac �� •,� ma 000 oa .oQ,�cocoococ�p� a0 04 s �ONo :---- a $�*„+� //.,.• -itWQ gallop ats v'`ai,REW a000 y a�,-o •-,� ,O 0/`,..• !!�► 0 , •,► ao o Kai, O �ts s�oP Q cIi, W as o o�►a�,� r�,.�v�o+�r' o `pC II y� s' a oo p9gA0 ,✓ �+``,�Q1btl .o a 'cmm w ; AA ♦ 7wowrww w !! irr._.r� �S�a4 0o a�flRV►� c�Q ,As .O,d ,o �o ► �C®�®C �C�D d otgpa�i2 �`o o DDc�oaaoaea p�7GDfODD© � rrir ; Q 0 4 ao ot3 6a ow” � OQ��R^ OSL! ns000.:r.. ar , r*�6 Bopp b91;:; paDee� 4 �.aQo �. o .no: b�D edCQa p •ffy'' QC 'D �ww� on loci 12 M�Uc D� ,y._.� pD� a �Q_■ a � :�' a�iro�it .o c3a•oo � O 4t1�► O d q:k o �I '2IR oID rs x� ZOR� Molt p sao e�QQ" o r P7-WW ^.a�J aQ o �'�►oeC' �,�,,,' � S9! ��e 7 ,law��� o -•� :- gat a!�n, 12 alasdeeeee��oo�9 �ana agoQ.�c�Joce LA • Q !� 4 ��':.�.f, .. �•��© ,� �/��-` '.�o OCC:�S�QCF�Q�CCC 13 ova ��r�eett10 d� �{ :�prr� eaes���oo o n� �tr� o N DEVELOPMENT DEPARTMENT VICINITY MAP FINAL MAP TRACT NO. 5029 W APN: 577-010-02&-03 ',Phase I of • Tentative Map 1 ' , Not • Scale C 1 1 11 tags . cm -fes _ ' . z E-1 ' 'a H s I c F k l t a e E o< p i :� R• ��, i /ids• ; ; � R - it ct, — .r/ CC v w * Q •. •`s � � i : a s s s � F : i u. a ti c 1 CD u� � r ! • R 7 1 k 71 . !w'.I U. ivy ! • 9 e e Y e ! c • ._--7,� r • is i rrrr il CD CQ I FI1p i 4 i o� QV�i��r a$ g b Q3 119 oMI, 1 ra If.! 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WHEREAS, DC 5029 L.P., a California Limited Partnership, as to individual interest, have offered for approval a Final Map designated as Tract No. 5029 ("map"), pursuant to approved Vesting Tentative Map No. 5029 ("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. Ao/td _. Resolution Approving the Final Map of Tract No. 5029 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. /// /// /// Resolution Approving the Final Map of Tract No. 5029 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, 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 28th day of October AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, City Clerk Deputy'` APPROVED AS TO FORM: FnDA C U M 1 B . Deputy