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HomeMy WebLinkAboutT-5107 - Report - 2/17/2005 City of REPORT TO THE CITY COUNCIL FIRM.—~ AGENDA ITEM N0. COUNCIL MEETING 21 X010 4 February 10, 2004 APPROVEDBY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department CITYMANAGER BY: RICK SOMMERVILLE, Supervising En ' eeri Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5107 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5107 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. 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. EXECUTIVE SUMMARY The Subdivider,Thomas Spino and Diana Spino, Husband and Wife,as Joint Tenants,have filed for approval, the Final Map of Tract No. 5107. The project, Phase I of Vesting Tentative Map No. 5107/UGM, an 18-lot, 70 unit, multi-family planned unit development on 6.35 acres, is located on both the north and south sides of West Clinton between North Cornelia and North Milburn 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 West Area Community Plan. The provisions of Sections 66458 and 66474.1 of the Subdivision Map Act and local ordinances require that such final map be approved by the City Council. PROJECT INFORMATION PROJECT The Final Map of Tract No. 5107, an 18-lot, 70 unit, multi-family planned unit development on 6.35 acres; Phase I of Vesting Tentative Map No. 5107/UGM. LOCATION The north and south sides of West Clinton, between North Cornelia and North Milburn Avenues. (Council District 1, Council Member Boyajian) (Council District 3, Council Member Sterling) REPORT TO THE CITY COUNCIL Final Map of Tract No. 5107 February 10, 2004 Page 2 SUBDIVIDER Thomas Spino and Diana Spino, Husband and Wife, as Joint Tenants LAND USE &ZONING Existing R-2-A/UGM/cz(Low Density Multiple Family Residential District, One Story/Urban Growth Management/conditions of zoning) PLAN CONSISTENCY The project is consistent with the medium-high density residential land use designation of the West Area 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. 5107/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 April 16, 2003 adopted Resolution No. 11843 approving Vesting Tentative Map No. 5107(Tentative Map) for an 18-lot, 70 unit, multi-family planned unit development on 6.35 acres, to be developed at an overall density of 11.0 units per acre. The subdivision will consist of 17 lots with 2 duplexes per lot and Lot 1 which will have only 1 duplex. The development is considered as a Planned Unit Development which allows for the project to deviate from the R-2-A zone district development standards. A minor map revision was approved by the Planning and Development Department Director on May 8, 2003 in accordance with F.M.C. §12-1005.2(b)(3), to interchange the buildable area of Lot 1 and Lot 5, and additionally limit Lot 1 to ingress/egress from West Clinton Avenue. Conditional Use Permit No. C-02-175 which established the 70-unit multi-family planned unit development will be amended to reflect the revisions to Tract 5107/UGM. The project remains consistent with the medium-high density residential land use designation of the West Area Community Plan. The approval of the Tentative Map remains effective until April 16, 2005. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $439,000 for performance and $219,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of $144,856.87 for applicable fees and contributions. The Subdivider 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 $ 152,978.17 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into Covenant for Landscape Maintenance. The subdivision documents, securities and resolutions have been reviewed and approved by the City Attorneys office. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5107 February 10, 2004 Page 3 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 North Milburn, North Lodi and North Cornelia 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 the tract into CFD-2 on October 21, 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 $41.46 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. 5107 Revised Tentative Map of Tract No. 5107 Resolution Approving the Final Map of Tract No. 5107 CRFT 5107.rev 02/03/04 is!�x mu o rsa ��'DD 'fi o as c� . �i DDODDDpa�dti���00 DDgmmmilA ^Dddzw g OO�d�id��C� o Em 3 • � O�gA���DD Ga4!,4? ?9oGPQo o� _ ,A �a•GOPgRAAA�A :vKA mm scm�KA Q OCC�D �Dd�Eb���D ao 0D�:� AeeeooDDDDoacc��3�iio GC:CCwCCC�C"�'''C��i►a v ��Yi�`1iY►���� �Q: �L7 CAMr� "- cm C= �" C� Vrr4r• rr IN �I;Ji '►�>� Q lrr'• �'►':� OL .� / ■1�■.a •amt �8 t WN c s� calms K31 ME =-:a = - � race nU W3 W3 W2 K39Cr�� rrr■�t� .� � ����: w� �ts1l:�rr'�M�rb © • "CliNrlry m" PLANNING & DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT NO.C-02-175 N TENTATIVE TRACT MAP-51/ '` 1 1 1. / ��/ • NE MAP: 2145,2245 2495 N. CORNELIA NOT •SCALE BY/DATE: "1 •-�� ��i N 4 g= + - �I 14 �� •� —W L-�IL Z e l f I'W- 1 .- III IN �O i 1 1 u O 17 1111 _�._. �� I g _.-. - d i �-Z .�. ------ —•----. ... _ .` . III ti: 3 i a ! Lu 1•W- ,y,• a j IIII .`•i� 1; •• � !!!'���• 111 i t �l i gI ° I • ?, IIIIen 111 ;�;' I i •Si _ ;1 � � } � .' 4 i � all „ ! ff 1 4 •-+ !u all t III � � iF, • .ii � i i i � ��• At I bit s � .....--R::..::�(�i'� I' /ai � f �.t �i�tlai>li�a iaF[I�•.. 'd a •_ {Ilii - II I I • �pit±l�'o� ri. __... ..... __ _.—�' " I � 111 I � • .d r r� s• _ ={r=� h �. lei ere I i►1 1 s ;; i( N•1�t��� yi � 9i if E, lyl PIS Pj ; till I =_ IN . .. , N ` g •� ii• � � I I�r — i RESOLUTION NO. 2004-43 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5107 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, Thomas Spino and Diana Spino, Husband and Wife, as Joint Tenants, have offered for approval a Final Map designated as Tract No. 5107 ("map"), pursuant to approved Vesting Tentative Map No. 5107 ("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. yopid -b( o?Do4t-43 Resolution Approving the Final Map of Tract No. 5107 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 Final Map of Tract No. 5107 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 10th day of February , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk BY . , ._ APPROVED AS TO FORM: H LDA TU MONTOY By: Dep