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Home My WebLink AboutT-5137 - Report - 6/8/2005 CR y of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING April 12,2005 APPROWD BY D EPARTWA ff ix&-_cro FROM: NICK P. YOVINO, Director Planning and Development Department G°R BY: ALAN KAWAKAMI, Chief Engineering Technician Building&Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5137 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5137 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision AgreemenL b. Agreement to Advance Consideration of the Final Map. c. Statement of Covenants Affecting Land Development for Landscape Maintenance. d. Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities 3. AUTHORIZE the Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development Providing for Special Solid Waste Service. 4. AUTHORIZE the Planning and Development Lector 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 Acknowledging Right-to-Farm Law. EXECUTIVE SUMMARY The Subdivider, CENTEX HOMES, a Nevada General Partnership, has filed for approval, the Final Map of Tract No.5137. The project a Final Map of Tentative Map No.5137/UGM,is a 131-lot single-family residential subdivision on 28.5 acres with one remainder parcel located on the east side of North Polk Avenue south of West Gettysburg Avenue. 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.5137,a 1314ot single-family residential subdivision on 28.5 acres. LOCATION The east side of North Polk Avenue south of West Gettysburg Avenue. (Council District 3, Counc H Member Sterrng) REPORT TO THE CITY COUNCIL Final Map of Tract No. 5137 Page 2 SUBDIVIDER CENTEX HOMES, a Nevada General Partnership by Centex Real Estate Corporation David Hatch, Division President LANDUSE&ZONING Medium density residential;R-1/UGM/cz (single-family residential/Urban Growth Management/conditional zoning) zoning is effective pursuant to Rezone Application R-95-08. PLAN CONSISTENCY The project is consistent with the Medium 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 AND LOCAL Tentative Map No. 5137/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 February 19, 2003 adopted Resolution No. 11814 approving Tentative Map No. 5137/UGM (Tentative Map)for a 12-lot single-family residential subdivision, to be developed at an overall density of 4.6 units/acre. The project is consistent with the Medium density designation (4.99-10.37 units per acre) of the West Area Community Plan pursuant to the provisions of FMC 12-403-b(1)which allows development to a lower threshold than Medium density. The Final Map was accepted for processing prior to the February 19, 2005 expiration date of the approved Tentative Map. Subdivision Agreement, Securities, Fees &Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $1,386,000 for performance and $693,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$401,904.32 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$247,334.70 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance, Temporary Storm Drainage Facilities, Acknowledging the Right-to-Farm Law and for Special Solid Waste Service. The subdivision documents, securities and resolution have been reviewed and approved by the City Attorney's 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 West McKinley and North Polk 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 partially satisfied with the annexation of the subdivision into CFD-2 on August 31, 2004. r REPORT TO THE CITY COUNCIL Final Map of Tract No. 5137 Page 3 However, due to the significant rise in landscape maintenance costs, the Public Works Department has modified the maintenance cost schedule and has notified the subdivider that the new schedule must be applied to this subdivision. The subdivider has agreed to the new schedule provided the Change of Service process to modify the assessments does not add to the delay in the scheduling of the final map for approval. Inasmuch as the Change of Service process will not be completed in concert with the final map approval, the Public Works Department and the subdivider have agreed to allow the action on the final map to proceed in advance of the completion of the Change of Service process provided the subdivider does not sell any portion of the Final Map prior to the completion of the Change of Services for CFD-2 for Tract No. 5137. The Subdivider has executed the Agreement to Advance Consideration of the Final Map and the covenant for Landscape Maintenance. As a condition of the Subdivision Agreement, the Subdivider 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 initial estimated annual assessment was $137.00 per lot with a 2% annual increase; the modified assessment will be$297.00 per lot with a 3% annual increase. Street Improvements: All interior streets, shall be dedicated in accordance with the 50 and 54-foot width standards and will be fully improved with curbs, gutters, street lighting, permanent pavement, and sidewalks on both sides of the streets. Attachments: Vicinity Map Tentative Map No. 5137/UGM Final Map of Tract No. 5137 Resolution Approving the Final Map of Tract No. 5137 Jg+AK 040445 i V O V -- W. WKINLEY AVE. ua6 < ! w ■ M 0 s -5 M M ol r � A NM 011,N AVE. a 1■ Male A � a ■ • • • or ! S 1 4L Y AVE. lo » » » a M � 7 t ¢7• • AE-5IUGIM W. LAMONA t II VICINITY MAIP PLANNING & DEVELOPMENT NOTICE OF PUBLIC HEARING N DEPARTMENT TENTATIVE TRACT MAP NO. TT 5137/UGM A.P.N.: 312-101-36 ortio W E ZONE MAP: 2245 South of W. McKinley, East of N. Polk Aves. NOT TO SCALE BY/DATE: J.S./ 02-03-03 L!1 C- I ; >< Re 1Z ME r wy. to W ms� SR O RR LLL 1iii.ij to c g e e B d �pr� p�� ¢F`o III'II + r C g p C ��dd 6R O G�y Z (iiilil y I R QR y■l ! 11 1 R¢5 ,Ij ac O E ■R■R■R■R G [[S fp R!F. fim ■iG, ROSHI I if 11 y� 1sss : #gyp 1! s��✓�i i i s # E 1�1�a It 401 1E Qdi Xe NIMBI Y�1le h Q1 x r •�;LL9 j ��- bPptP 1 d M � • A I __tri irdriir._eor \ T , -_-�14"45:.3'C_ A00, ACM � ryo .ossa pppp ;#' � ♦^"�J. OVOK-UE \ ,` ,'a , O •� .ISI o..l ` �` \ y �` • I I 8 III Its I - -------------------------------� �_---_----------------—------------- --- y r--------- I •••RNNXXXf � 1 1 04-05-05 01:29PM FROM-QUAD KNOPF 558-4352805 T-060 P.02/02 F-647 WEST McKINLEY AVENUE N q N _a " N O w a• i A Z W7 y c +! N M " 1 1 Q w West 0son ~ Venue Y p ,n ). ., 1/ In a a � T 10) u+ 101 .b w. 101 .10 M n0 •ll 1•2 .9 111 •.. 1A Q � West Home Avenue Z a Li "F] 0 Z ). Iq 106 w M N Y Y M M N .1 01 M A M i � U West Pine Avenge • 1/ •� li u w 1/ .. 17 •. V )0 .1 � 1" = 200 FEET V FZ L AW OF 7R4CT NO. A37 Quad Knopf 1 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5137 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, CENTEX HOMES, a Nevada General Partnership, has offered for approval a Final Map designated as Tract No. 5137 ("map'), pursuant to approved Tentative Map No. 5137 ("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 Cleric 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. 5137 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. 5137 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 , 2005. AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC City Clerk BY Deputy APPROVED AS TO FORM: HILDA CANTO MONTOY BY Deputy