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HomeMy WebLinkAboutT-5141 - Report - 8/2/2005 xrmw City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. j M COUNCIL MEETING w,2 2/0 s June 28, 2005 APPROVED BY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department cITYMANACER BY: RICK SOMMERVILLE, Supervising gir�elering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5141 RECOMMENDATIONS 1. ADOPT the attached Resolutions: a. Approving the Final Map of Tract No. 5141 and accepting the dedicated public uses therein. b. 95t. Amendment to the Annual Appropriation Resolution No. 2004-209 appropriating the Subdivider's initial deposit for rights-of-way acquisition along North Hayes Avenue. 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 Storm Drainage Facilities. 3. AUTHORIZE the Public Utilities Director to execute the: a. Statement of 'Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots. 4. 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, LENNAR FRESNO, Inc.,a California Corporation, has filed for approval,the Final Map of Tract No. 5141. The project, a final map of Vesting Tentative Map No. 5141 for an 142-lot single-family residential subdivision on 35.54 acres, is located on the southeasterly side of North Veterans Boulevard between West Sierra and North Polk 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 Bullard 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. 5141,an 142-lot single-family residential subdivision on 35.54 acres. LOCATION The southeasterly side of North Veterans Boulevard between West Sierra and. North Polk Avenues. (Council District 2, Council Member Calhoun) SUBDIVIDER LENNAR FRESNO, �� ' Inc. a California Corporation Steve Lutton, Vice President REPORT TO THE CITY COUNCIL Final Map of Tract No. 5141 Page 2 LAND USE & ZONING Medium-Low density residential; R-1 (Single Family Residential) zoning is existing pursuant to Rezone Application No. R-03-17. PLAN CONSISTENCY The project is consistent with the Medium-Low density residential land use designation of the Bullard Community Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and SUBDIVISION MAP ACTe local subdivision ordinances applicable to the conditions of approval of Vesting AND LOCAL Tentative Map No. 5141;the completion of all public improvement requirements ORDINANCES have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on February 4, 2004 adopted Resolution No. 11957 approving Vesting Tentative Map No. 5141 (Tentative Map)for an 142-lot single-family residential subdivision, to be developed at an overall density.of 4.00 units per acre. The approval of Vesting Tentative Map No. 5141 remains effective until February 4, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$1,884,000 for performance, $942,000 for labor and materials to guarantee the installation of the required public improvements. The.Subdivider has paid cash in the amount of$931,459.43 for applicable fees including$375,910.00 cash-in-lieu for North Veterans Boulevard street improvements 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 $236,847.77 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance,Temporary Storm Drainage Facilities,and Special Solid Waste Disposal Services. Addendum to Subdivision Agreement for Acquisitions of Street Easements. The conditions of approval of the Tentative Map and the City's Urban Growth Management Policy relative to major street extensions imposed the requirement to improve portions of North Hayes Avenue between West Palo Alto Avenue and North Veterans Boulevard beyond the limits of the subdivision. The Subdivider has been unable to acquire and/or facilitate the dedication of such easements to the City prior to the date the Final Map will be presented to the City Council for action. To satisfy such easement requirements, the Subdivider has executed the Subdivision Agreement with an addendum that provides for the City to negotiate and/or exercise it's power of eminent domain,to acquire the necessary rights of way easements and requires the Subdivider to post an initial deposit in the amount of $161,500 for the estimated acquisitions and legal costs. The attached amendment to the Annual Appropriation Resolution is to appropriate the funds deposited by the Subdivider for the City to pursue these acquisitions. The subdivision documents,securities and resolutions 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 15-feet wide landscape easements of all lots that side-on and back- onto North Polk Avenue and 30-feet wide landscape easements of all lots that side-on and back-onto North Veterans Boulevard. 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 7, 2005. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5141 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 $1,548.00 per lot. Vacation and Street Improvements: The conditions of approval of the Tentative Map require the complete vacation of West Palo Alto, West Sierra and North Hayes Avenues within limits of the tract. The completed vacation feasibility study for the vacations dated April 27, 2005 approved the proposed vacations and enables the perfection of the vacations with the recording of the Final Map. The Subdivider has elected to perfect these vacations with the Final Map. 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. 5141 Final Map of Tract No. 5141 Resolution Approving the Final Map of Tract No. 5141 Resolution Amending Annual Appropriation Resolution v ansa Saoem ar. 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" °�� a� °�' p 3 an 8 • a ze r`aa at a4� a A Q; aim ? � 4 �� m sg a 8 h4r le Mbs — ti'� A \ A N b � � 'f t-!S�•�M1YIN � I '� 1 Is ; I & • �� \ z SM uutoc" ot Do FZ J F U i I f � I 4 RESOLUTION NO. 2005-251 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5141 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, LENNAR FRESNO,Inc.,a California Corporation, has offered for approval a Final Map designated as Tract No. 5141 ("map"), pursuant to approved Vesting Tentative Map No. 5141 ("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 mayr not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerkof 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 have provided funds for the acquisition of property not otherwise offered for dedication on such map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. �4doPrcd �PPt� ` 7 5-215 Resolution approving the Final Map of Tract No. 5141 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. 5141 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 June , 2005. : t AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk By: APPROVED AS TO FORM: HILDA CANTO MONTOY By: Deputy RESOLUTION NO. 2005-262 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5258 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS,McMILLIN SUNNYSIDE RANCH, LLC,a Delaware Limited Liability Company,has offered for approval a Final Map designated as Tract No. 5258 ("map"), pursuant to approved Vesting Tentative Map No. 5258 ("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. 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. 41 Resolution Approving the Final Map of Tract No. 5258 Page 2 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. 5258 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 .Tune ' 2005. AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk By: A�Xmz APPROVED AS TO FORM: HILDA CANTO MONTOY By: Deputy c Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY. Calhoun SECONDED BY Dages BILL NO. B-18 ORDINANCE NO.2004-18 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-17 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 4th.day of February, 2004, to consider Rezone Application No. R-03-17 and related Environmental Assessment No. R-03-17/T- 5141, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) to the R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 24th day of February, 2004, received the recommendation of the Nianning Commission and concurs therewith. d a� ao _I4 Ordinance Amending Official Zone Map Rezone Application No. R-03-17 Page 2 February 24, 2004 NOW, THEREFORE, THE COUNCIL OF THE CITY OF,FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment ,No. R-03-17/T-5141, dated January 14, 2004, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/EA/UGM zone district is consistent with the existing medium density residential land use designation of the 2025 Fresno General Plan and Bullard Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) to the R-1/EA/UGM (Single Family Residential/,Expressway Area/Urban Growth Management) zone district: Parcel A: Lots 238 to 244 inclusive, of J.C. Forkner Fig Garden Subdivision No. 3, according to the map recorded in Book 8, Page 79 of Plats, records of Fresno County. Excepting therefrom the following described property as conveyed to the County of Fresno by Deed recorded July 7, 1982 as instrument No. 56581 in Book 7935 Page 110, Fresno County Records, described as follows: - Beginning at the northeast corner of the northwest quarter of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, thence 1) South'89°34'25" West along the north boundary of said northwest quarter 340.98 feet; thence 2) South 0025'35" East 76.00 feet; thence 3) North 89034'25" East 200.00 feet; thence 4) South 87045'43" East, 89.54 feet; thence 5) South 43032'26" East, 28.66 feet; thence 6) North 89034'25" East, 30.00 feet to the east boundary of said northwest one quarter; thence 7) North 0040'51" East along said boundary of 101.10 feet to the point of beginning. Ordinance Amending Official Zone Map Rezone Application No. R-03-17 Page 3 February 24, 2004 Also excepting therefrom that portion of said lots as condemned, in the favor of the City of Fresno, a municipal corporation, by a Final Judgment in Condemnation, a certified copy of said judgment recorded May 18, 2000 as instrument No. 2000-0060517, Fresno County Records, and by a Final Order of Condemnation, a certified copy of said Order recorded September 19, 2001 as instrument No. 2001-0137075, Fresno County Records. Parcel B: That portion of Lots 295, 296 and 326 of J.C. Forkner Fig Gardens Subdivision No. 3, recorded in Volume 8 of Plats at Page 79, lying within the following described parcel: Commencing at the West quarter corner of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian and the Southwest corner of Lot 14 of Tract 4951, in the City of Fresno, County of Fresno, State of California,_according to the map thereof recorded in Volume 64 Page 57, 58 and 59 of Plats, thence North 00032'23" East, along the West line of said Section 3 and the West line of said Tract 4951, a distance of 30.00 feet to the True Point of Beginning; thence South 89043'52" West a distance of 30.00 feet to the Southeast corner of said lot 327; thence South 89043'52" West a distance of 147.64 feet to the Southeast corner of Water Well Site No. 161, in the City of Fresno, County of Fresno, State of California, deeded to the City of Fresno on September 18, 1991 per Document No. 91115945; thence North 00016'08" West along the East line of said Water Well.Site No. 16.1 a distance of.120.00 feet to the Northeast corner of said Water Well Site No. 161; thence South 89043'52" West along the North line of said Water Well Site No. 161 a distance of 125.23 feet to the Northwest corner of Water Well No. 161 and a point on the East Right-of-Way Line of North Grantland Avenue as shown on North Grantland Avenue and West Herndon Avenue Official Plan Lines, in the City of Fresno, County of Fresno, State of California, according to the Plan Lines thereof recorded in Volume 8 Pages 34 through 55 of Precise Plans; thence North 18008'15" East along said East Right-of-Way Line of North Grantland Avenue a distance of 526.82 feet to a point on the North Line of said Lot 327; thence North 89044'44" East along said North line a distance of 145.27 feet to a point on the West line of said Section 3; thence North 00032'23" East along said West line a distance of 455.93 feet to a point on East Right-of-Way Line of said North Grantland Avenue; thence North 18008'15" East along said East Right-of-Way Line a distance of 172.79 feet to a point on the North line of said.Lot 295; thence North 89°39'55" Est along said North line a distance of 316.68 feet to the beginning of a 1162.000 foot radius non-tangent curve, concave to the East, a radial to said beginning bears North 71'07'56" West; thence Southerly, along said curve, through a central angle of 00°43'35" an arc distance of 14.73 feet; thence tangent to said curve, South 18008'29" West a distance of 1204.84 feet; thence South 00032'23" West a distance of 82.91 feet to the True Point of Beginning. Parcel C: That portion of Lots 265 through 268, inclusive, of J.C. Forkner Fig Gardens Subdivision No. 3, recorded in Volume 8 of Plats at Page 79, Fresno County Records, lying within the following described parcel: Ordinance Amending Official Zone Map Rezone Application No. R-03-17 Page 4 February 24, 2004 Commencing at the West quarter corner of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, and the Southwest corner of Lot 14 of Tract 4951, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 64 Page 57, 58 and 59 of Plats, thence North 00032'23 East, along the West line of said Section 3 and the West line of said Tract 4951, a distance of 1339.74 feet; thence North 89039'56" East a distance of 74.56 feet to a point on the South line of said Lot 268 and the True Point of Beginning; thence North 18°08'15" East along the East Right-of-Way Line of North Grantland Avenue as shown on North Grantland Avenue and West Herndon Avenue Official Plan Lines, in the City of Fresno, County of Fresno, State of California, according to the Plan Lines thereof recorded in Volume 8 Pages 34 through 55 of Precise Plans, a distance of 15.43 feet to the beginning of a 1602.00 foot radius tangent curve, concave to the Southeast; thence Northeasterly along said curve through a central angle of 25032'07" an arc distance of 713.97 feet; thence non-tangent to said curve, North 89°37'58" East a distance of 571.48 feet to the beginning of a 1162.00 foot radius non-tangent curve, concave to the Southeast, a radial and North line of Tract No. 4357 as recorded in Volume 61 of Plats at Pages 33 through 35, Fresno County records, through a central angle of 44°28'17" an arc distance of 901.91 feet; thence non-tangent to said curve, South 89°39'55" West a distance of 320.24 feet to the True Point of Beginning. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. 111 r CLERK'S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO } CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 24th day of Fphruary 2004, by the following vote: Ayes: Calhoun, Dages, Duncan, Perea, Sterling, Castillo Noes: Boyajian Absent: None Abstain: None REBECCA E. KLISCH City Clerk APPROVED AS TO FORM: HILDA CANTU MONTOY City ey By epu Rezone Application No. R-03-17 Filed by Lennar Homes Assessors Parcel Nos. 504-090-76, 78, 80, 81 and 506-010-25, 28, 29 KAMaster Files-20031'REZONE\R-03-017-T-5141-Herndon Grantland Tract-SAC\R-03-17-CC OrdBill.wpd