HomeMy WebLinkAboutT-5169 - Report - 8/30/2006 City o1
� ; REPORT TO THE CITY COUNCIL
AGENDA ITEM NO.
COUNCIL MEETING
July 25, 2006 APPROVED BY
DEPARTMENT DIRECTOR
FROM: NICK P. YOVINO, Director
Planning and Development Department CITYMANAGER
BY: ALAN KAWAKAMI, Chief Engineering Technician
Building & Safety Services Division
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5169
KEY RESULT AREA
Ci
One Fresno
RECOMMENDATIONS
1. ADOPT the attached Resolutions:
a. Approving the Final Map of Tract No. 5169 and accepting the dedicated public uses therein.
b. Dedicating certain City-owned property as an easement for public street purposes.
2. AUTHORIZE the Public Works Director to execute the:
a. Subdivision Agreement and to accept the Grant Deed for the well site on behalf of the City.
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 Acknowledging the Right to Farm law.
EXECUTIVE SUMMARY
The Subdivider, KB HOME SOUTH BAY INC., a California Corporation, has filed for approval, the Final Map
of Tract No. 5169. The project, a Final Map of Vesting Tentative Map No. 5169/UGM, is a 98-lot single-family
residential planned development subdivision with 1 outlot on 19.5 acres, is located on the South side of West
McKinley Avenue between North Polk and North Cornelia 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.
KEY OBJECTIVE BALANCE
Council action regarding this final map optimizes the three Key Objectives of Customer Satisfaction, Employee
Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of
the technical review , processing and filing of the final map as is reasonably expected by the customer
(subdivider/developer). Prudent financial management is demonstrated by the expeditious completion of this
final map inasmuch as the customer has paid to the City a fee for the processing of this final map and that fee
is, in turn, funding the operations of the Planning and Development Department. Employee satisfaction is
REPORT TO THE CITY COUNCIL
Final Map of Tract No. 5169
Page 2
derived from the fact that the staff, who have reviewed and made a recommendation on this final map, have
done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the
completion of the final map process.
PROJECT INFORMATION
PROJECT The Final Map of Tract No. 5169, a 98-lot single-family residential planned
development subdivision with 1 outlot, on 19.5 acres.
LOCATION South side of West McKinley Avenue between North Polk and North Cornelia
Avenues.
(Council District 3, Council Member Sterling)
SUBDIVIDER KB HOME SOUTH BAY INC., a California Corporation
P.A. Dent III, Senior Vice President
LAND USE & ZONING Medium Density Residential; R-1/UGM (single-family residential/Urban
Growth Management Area) zoning is in effect pursuant to Rezone
Application No. R-03-47.
PLAN CONSISTENCY The project is consistent with the Medium Density Residential planned land
use designation the 2025 Fresno General Plan and the West Area
Community Plan subject to Conditional Use Permit No. C-03-169 and the
provisions of Section 12-403-B-2 of the Municipal Code..
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. 5169;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
Nos. 11950 and 11949, conditionally approving Vesting Tentative Map No. 5169 (Tentative Map) and
Conditional Use Permit No. C-03-169 for a 99-lot single-family residential planned development subdivision
with 1 outlot for well site purposes, to be developed at an overall density of 5.11 units/acre. The project is
consistent with the Medium Density Residential designation (4.99 - 10.37 units per acre) of the West Area
Community Plan subject to C-03-169 and the provisions of Section 12-403-B-2 of the Municipal Code.
The Fresno City Planning Commission on January 5, 2005, approved the Revised Map of Vesting Tentative
Map No. 5169 to eliminate the "dogleg"on North Dante Avenue and to relocate the existing outlot for well site
purposes. These minor revisions resulted in the reduction of 1 lot for a total of 98 lots and 1 outlot.
The Final Map was accepted for processing prior to the February 4, 2006 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 $2,388,000 for performance and $1,194,000 for labor
and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash
in the amount of $97,166.72 for applicable fees and has entered into a Covenant to defer the payment of
REPORT TO THE CITY COUNCIL
Final Map of Tract No. 5169
Page 3
certain sewer connection charges, water connection charges, Urban Growth Management fees and
development fees in the amount of $179,093.83 to the time of issuance of Certificate of Occupancy. The
Subdivider has also entered into Covenants for Landscape Maintenance and Acknowledging the Right to Farm
Law .
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 landscape easements along West McKinley Avenue within the limits
of this tract. 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 July 18, 2006.
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$112 per lot with a 3%annual increase, if any. In the construction
cost index for the San Francisco Region.
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.
Dedication of City Property for Public Street Purposes. As a result of the minor revisions approved by the
Planning Commission to eliminate the dogleg on North Dante Avenue at West McKinley Avenue, the shifting
of the North Dante Avenue alignment is required but creates a conflict with a portion of the existing unimproved
City well site parcel. To remedy this conflict the Subdivider and City have agreed that the City will dedicate a
portion of the existing well site parcel for public street purposes in exchange for fee title to Outiot A of Tract No.
5169. The net result of these two transactions create the required parcel configuration for the well site which
has been approved by the Water Division.
To enable the dedication of City owned property for public street purposes requires the Council to adopt the
attached resolution.
Attachments: Vicinity Map
Vesting Tentative Map No. 5169
Final Map of Tract No. 5169
Resolution Approving the Final Map of Tract No. 5169
Resolution Dedicating Certain City-owned Property as an Easement for Public Street
Purposes
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REZONE APPLICATION No. R-03-47F A.P.Ns.: 312-101-44 and-43
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5169
AND ACCEPTING DEDICATED PUBLIC USES THEREIN.
WHEREAS, KB HOME SOUTH BAY INC., a California Corporation, has offered for approval
a Final Map designated as Tract No. 5169 ("map"), pursuant to approved Vesting Tentative Map
No. 5169 ("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.
Resolution Approving the
Final Map of Tract No. 5169
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. 5169
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 , 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
REBECCA E. KLISCH, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
Recording Requested By:
Public Works Department
City of Fresno
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA. 93721-3623
APN 312-101- 43T (portion)
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, DEDICATING CERTAIN CITY-OWNED PROPERTY
AS AN EASEMENT FOR PUBLIC STREET PURPOSES
WHEREAS, KB Homes is developing Tract No. 5169 near the intersection of
West McKinley and North Dante Avenues; and
WHEREAS, the City of Fresno owns a well site at that intersection that
conflicts with the proposed development of North Dante Avenue; and
WHEREAS, the City and KB Homes South Bay Inc. have agreed that the City
will dedicate a portion of the existing well site property for public street purposes in
exchange for fee title to property (Outlot A of Tract No. 5169) to reinstate the well site;
and
WHEREAS, the City's Water Division has approved the configuration of the
proposed well site; and
WHEREAS, the required dedication is described on Exhibit "A" and is shown
on Exhibit "B", which are attached and incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FRESNO AS FOLLOWS:
1. That certain City-owned property described on attached Exhibit "A" and
shown on attached Exhibit "B" is hereby dedicated as an easement and
right-of-way for public street purposes.
2. Nothing contained in this resolution shall be deemed or interpreted by any
party to cause any interest created in the public pursuant to this resolution
to ripen into any title, interest or right of the public against or adverse to
the rights of the City of Fresno nor shall this resolution limit, restrict or
modify the exemption of public property to title by prescription as defined
within California Civil Code Section 1007.
3. The City Clerk of the City of Fresno shall certify to the passage of this
resolution and attest thereto under the seal of the City of Fresno.
4. The City Engineer shall cause a City deed number to be assigned to the
resolution and shall cause the resolution to be recorded in the Office of
the Recorder of the County of Fresno, California. The original resolution
shall be returned to the City Clerk after recordation and a certified copy
thereof shall be filed in the Public Works deed file.
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 Resolution was adopted by the Council of the City of Fresno, California, at a
regular meeting thereof, held on the day of , 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Approval: , 2006
Mayor Approval/No Return: , 2006
Mayor Veto: , 2006
Council Override Vote: , 2006
REBECCA E. KLISCH, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
Deputy
2006-130
PLAT 2345
15-A-
APN 312-101-43T
EXHIBIT "A"
LEGAL DESCRIPTION
AREA OF EXISTING WELL SITE TO BE DEDICATED AS STREET RIGHT-OF-WAY
All that certain real property situate, lying, and being a portion
of that certain parcel of land conveyed to the City of Fresno by
Grant Deed recorded on April 13, 1995, by Instrument No. 95044842 ,
Official Records of Fresno County, lying in the northeast quarter
of the northeast quarter of Section 34 , Township 13 South, Range
19 East, Mount Diablo Base, and Meridian, in the City of Fresno,
County of Fresno, State of California, being more particularly
described as follows :
COMMENCING at the northeast corner of Parcel 2 as shown on Parcel
Map No . 5585, recorded in Book 35 of Parcel Maps, at page 34,
Fresno County Records, said corner being 30 . 00 feet south,
measured at a right angle, of the north line of said Section 34,
said corner also being 0 . 61 feet west of the west line of the
northeast quarter of the northeast quarter of said Section 34;
thence, parallel with and 30 . 00 feet south of the north line of
said Section 34, South 89059129" East 57 . 54 feet; thence
South 0000 ' 31" West 25 . 00 feet, to a point on the north line of
said City of Fresno parcel of land; thence, along said north line,
South 89059 ' 29"East 23 .76 feet, to the TRUE POINT OF BEGINNING of
this description;
thence, along the north, east, and south boundary of said City of
Fresno parcel of land, the following three (3 ) courses :
(1) South 89059 ' 29" East 61 . 65 feet, to the northeast corner
of said City of Fresno parcel of land; thence
(2) South 00000 ' 31" West 110 . 00 feet, to the southeast corner
of said City of Fresno parcel of land; thence
(3) North 89059 ' 29" West 43 . 94 feet;
thence leaving the south boundary of said City of Fresno parcel of
land, North 00011 ' 08" East 94 . 94 feet; thence North 50004 ' 53" West
23 . 47 feet, to the point of beginning.
Containing a total of 4950 square feet, more or less .
r
40 20 0 40 80
EXHIBIT "B" S�o LAND
SCALE: 1 =40' v�
AREA TO BE DEDICATED No. 8040
r/Oz FOR STREET PURPOSES * EXP. 6-30-07
4,950 SQ. FT.
NW CORNER OF NE 1 4 OF �rgrF OF C A��E
NE 1/4 OF SEC. 34
' T. 13 S., R. 19 E.
WEST McKINLEY AVENUE
0.61
NE CORNER OF PARCEL 2 6
OF P.M. 15585, BOOK 35, .. POINT OF
PAGE 34, F.C.R. ...._ 56.93' — BEG/NN/NG
57.54' — SO 00'31"W
THE NORTHEAST CORNER OF S 89'5,92,9" E �/ 25.00' h
�v
PARCEL 2 /S 0.61' WEST OF S89 59 29'E
23.76' � — 61.65'
THE QUARTER—QUARTER
SEC77ON LINE
.....WEST LINE OF
EAST LINE OF.......... THE NORTHEAST I o
PARCEL 2 QUARTER OF X50- o
rl
THE NORTHEAST rn
QUARTER
INSTRUMENT
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A.P.N. 312-101-43T 3
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Modesto, CA 95354 \ _ -
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www.stantec.com
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PLAT NO. 7MCTNo.5169 DR. BY DW SHEET NO. 1
MCK/NLEYNo. / CH. BY SH OF 1 SHEETS
C17YOFFRESNO PARCEL-INSTRUMENTNo.95044842 DATE 04/20/2006
PLAT TO ACCOMPANY RIGHT-OF-WAYDED/CA7 ON15-A-
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