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Home My WebLink AboutT-5135 - Report - 3/2/2005 Chy 01 FR� �� REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING February 3, 2004 APPROVEDBY 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. 5135 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5135 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. b. Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees. EXECUTIVE SUMMARY The Subdivider, GRANVILLE HOMES, INC., a California Corporation, has filed for approval, the Final Map of Tract No. 5135. The project, a final map for Phase 6 of Vesting Tentative Map No. 4570/UGM 563 for a 189- lot single-family residential subdivision and 1-outlot on 55.3 acres,is located on the west side of South Fowler Avenue between East Butler and East Church 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 Roosevelt 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. 5135, a 189-lot single-family residential subdivision and 1-outlot on 55.3 acres; Phase 6 of Vesting Tentative Map No. 4570/UGM 563. LOCATION The west side of South Fowler Avenue between East Butler and East Church Avenues (Council District 2, Council Member Dages) SUBDIVIDER GRANVILLE HOMES INC., a California Corporation Farid Assemi, President Gt REPORT TO THE CITY COUNCIL Final Map of Tract No. 5135 February 3, 2004 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. 95-24. PLAN CONSISTENCY The project is consistent with the medium - low density residential land use designation of the Roosevelt Community Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and local SUBDIVISION MAP subdivision ordinances applicable to the conditions of approval of Vesting _ ACT_4ND_LO-CAL — Tentative-Map-No_-57-0/_UGM-5.63;-the-completion-of-all-publicimprovement . ORDINANCES requirements have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on November 1, 1995 adopted Resolution No. 10786, approving Vesting Tentative Map No. 4570/UGM 563 (Tentative Map) for a 616 lot single-family residential subdivision to be developed at an overall density of 4.2 units per acre. The Planning and Development Director, on September 9, 1997 in accordance with Fresno Municipal Code Section 12-1005.2(b)(3),approved a Revised Tentative Tract No.4570,to move the South Sunnyside Avenue alignment approximately 32 feet to the east, redesign the lotting within the planned development project, increased the density to be transferred for the planned development portion to 148 lots and remove one lot in the proposed North Preuss Avenue cul-de-sac for a total of 626 lots. On April 19, 1999 in accordance with the provisions of Section 12-1005.2(b)(3) FMC, the Planning and Development Director approved a second minor map revision to Vesting Tentative Map 4570, to increase the number of lots to 631-lot single-family residential and the lots south of East Church Avenue were changed from a small lot planned development project to full size R-1 lots, reduced the number of lots from 148 to 93 lots plus one outlot to be subdivided in the future for residential uses. The density reduction in this area was such that the density transfer authorized by Conditional Use Permit No. 95-62 is no longer required and the conditional use permit is no longer active and is considered to be abandoned. The area between East California, South Preuss, South Duke Avenues and the San Joaquin Valley Railroad was redesigned to subdivide Outlot"A"into 55-single family residential lots. The lots adjacent to the areas planned for low density residential will remain with minimum 12,500 square feet in area and the lots adjacent to the golf course on the north will have lot areas of 11,400 square feet or larger. The ten lots located in the North Preuss Avenue cul-de-sac were reduced in width to retain the same number of lots when redesigned with the connecting street to the east. A third minor map revision was approved by the Planning and Development Director on September 9, 2002 pursuant to the provisions of Section 12-1005.2(b)(3) FMC, to eliminate one lot on the South Preuss Avenue cul-de-sac to increase lot widths on all lots on the west side of the street.A fourth minor map revision was approved by the Planning and Development Director on January 23, 2003 pursuant to the provisions of Section 12-1005.2(b)(3) FMC,to re- arrange the lotting and local street pattern, to increase the sizes of the lots south of East Church Avenue, to remove one residential lot and add one outlot for the purpose of increasing the size of the existing City water well site No. 182, and to reduce the size of the existing outlot designated for future subdivision purposes at the south end of the subdivision. A fifth and last minor map revision was approved by the Planning and Development Director on October 29, 2003 pursuant to the provisions of Section 12-1005.2(b)(3) FMC, to adjust the rear lot lines of the lots fronting onto East Erin and South Ezie Avenues to provide a reminder parcel to be use for future subdivision to the east and south the lots adjacent South Fowler Avenue. This revision REPORT TO THE CITY COUNCIL Final Map of Tract No. 5135 February 3, 2004 Page 3 also proposes to change the equestrian trail located in Outlot B and C to a pedestrian trail as the equestrian trail has been eliminated in this area. This area will be landscaped in accordance with the conditions of approval and the Council policy for remnant parcels adopted on December 18, 1990. The changes are not significant and all lots conform to the requirements specified in the approved tentative map. The project is consistent with the medium-low density designation of the Roosevelt Community Plan. The approval of Vesting Tentative Map No. 4570/UGM 563 remains in effect until November 1, 2004. ---Subdivision-Agreement,-Securities,-Fees-&-Covenants:—The-Subdivider-has_executed-the-Subdivision Agreement and has posted securities in the amount of $3,845,000 for performance, $1,922,500 for labor and materials to guarantee the installation of the required public improvements and $10,000.00 to guarantee completion of the streetlighting plans and profiles. The Subdivider has paid cash in the amount of $381,838.43 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$242,084.12 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance and to Plant and Maintain Front Yard Trees. The subdivision documents,securities and resolution have been reviewed and approved by the City Attorney's office. Landscape Maintenance District/Open Space Use Policy: 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 California , South Fowler and South Sunnyside Avenues and the portion of Outlot°A" that fonts on East Erin 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 Tract No. 5135 into CFD-2 on January 13, 2004. Pursuant to Policy No. 1-17.3 (open space use) for the Roosevelt Community Plan area, the Subdivider is required to provide 5% of the total subdivision area for open space use. Phase 6 is the final phase of the Tentative Map and is required to provide the remaining balance(2.36 acres)of the total area required for open space use. The City Council January 13, 2004, in conjunction with the annexation of this Final Map into the CFD-2, approved an alternative open space use facility located off-site within 1/4 mile of Tract 5135 which will be developed and maintained by the Subdivider. The Subdivider has entered into a covenant establishing such a site, provided security to guarantee the improvements and agreed to it's perpetual maintenance to satisfy the total open space use requirement for the Tentative Map. 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,which does not include the maintenance of the alternative open space use facility, is $170 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 50 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. REPORT TO THE CITY COUNCIL Final Map of Tract.No. 5135 February 3, 2004 Page 4 Attachments: Vicinity Map Revised Vesting Tentative Map No. 4570 Final Map of Tract No. 5135 Resolution Approving the Final Map of Tract No. 5135 CRFT 5135 v01-16-04 • CC • -t i i ■ Iii ��I. �� -on u �. n 1� t,F In 1cm I��J�� ao��ol �.�'w�acto itt 1011I 1J I ■7:i'ii:i;i.iiir.0 rl f ISI`r■ u�u■,�lu'u u uu.uu ui vcoaa�o a � ��llillu p�lt] 000G917, KI IN puliu, py I,`_ ;;��• O� o � �`:o D I�i�Otiogacoi�i�wavarn�oen��- —;;i�, 1� r'v-✓� •4G�OG ■,Dag 0►,d.. 4 .,�; -- 1 �►,`,'',,�.' �u� �: QO too A ni pp[Z'-NWA 9MAN 3 ar�l�ou ��1 L1 J tl� OrV u un to n[.h of Amar[ oo:t Erm:.! aJ :�a�.111 a7r■■rino alu un c�l(�,cr rata�■�l o.�:00 7 ■.1 ■.■ u hues e.■ [1 p0-� moll rj., ■�o.00 ' IL� Ja1,�U� �a■■1�C■r�, nil p / I a i 'r� ■■n•v1 ��;IUJ.n1eYu[l`IV��j OO�ii r..,. �..,, wy^�.-_.,_.._�,�_ �:]�1v:��.;■ r.E,'.:'r: u�n��uuuF�MA 1. 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JILL F j o sa JAIYA a AL p � 1 O AMPU IAMM j QMill Am DpwilDill j AM im I� g RIRDOVAUM A � o f30 _a B w Low /.6 '16 ID Exromil ��*JIAIro� curbs - iTliAY �d +GS fo • W �• Fe+ $ _ a a y zmt. os c g •�L6°d in d /e N 7�a, � � • � 2Qs6 .•N f(V�e Z .—..—..—..—..—..—..�TflmGl�"—{�idrs tiaimm .—.,�•Y�uow�.._..—..—..�.r••— anNgAV SIA070 Hlnos oil bI o 0 E-4d � FBI H 3nA(gAV dR7MOd H1n0S ' (Rant 3 l 0 Jigs I-.. I n Jns �.• - t B IQ j AM I I C5 CD ODE: I j � £Q„ i• X16 o p O �d I Op t 1231S aaS a s �I a i... aw v a p�p 0 w it RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5135 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS,GRANVILLE HOMES,INC.,a California Corporation,as to individual interest,has offered for approval a Final Map designated as Tract No. 5135 ("map"), pursuant to approved Vesting Tentative Map No. 4570\UGM 563 ("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. y • Resolution Approving the Final Map of Tract No. 5135 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. /// r> Resolution Approving the Final Map of Tract No. 5135 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 --day-of , 20— AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC City Clerk BY Deputy APPROVED AS TO FORM: HILDA CANTU MONTOY By: Deputy