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Home My WebLink AboutT-5170 - Report - 2/8/2005 City of FRMI REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING $ 9 O y March 9, 2004 APPROVED BY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: RICK SOMMERVILLE, ising Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5170 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5170 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. c. Deed of Avigation Easement. 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. 4. AUTHORIZE the Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development for Solid Waste Services. EXECUTIVE SUMMARY The Subdivider, Synergy-Golden Dawn,LLC, a California Limited Liability Company, have filed for approval, the Final Map of Tract No. 5170. The project, a Final Map of Phase 6 of Vesting Tentative Map No. 4677/UGM 536 for a 56-lot single-family residential subdivision on 11.41 acres, is located north of East Kings Canyon Road at the North Armstrong Avenue alignment. 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 Roosevelt 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. 5170 (Phase 6 of Vesting Tentative Map No. 4677/UGM 536 ), a 56-lot single-family residential subdivision on 11.41 acres/UGM. LOCATION North of East Kings Canyon Road at the North Armstrong Avenue alignment. (Council District 5, Councilmember Dages) Presented to C�'Y Council , QatA !� i�•:i-I WposHim 21 REPORT TO THE CITY COUNCIL Final Map of Tract No. 5170 March 9, 2004 Page 2 SUBDIVIDER Synergy-Golden Dawn,LLC, a California Limited Liability Company Daniel L. Sabah, Managing Member LAND USE &ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management) zoning to become effective upon recording of the Final Map pursuant to Rezone Application No. 94-19. PLAN CONSISTENCY The project is consistent with the medium 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 SUBDIVISION MAP ACT local subdivision ordinances applicable to the conditions of approval of Vesting AND LOCAL Tentative Map No. 4677/UGM 536; the completion of all public improvement ORDINANCES requirements have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Council on March 14, 1995, adopted Resolution No. 95-69, conditionally approving Vesting Tentative Map No. 4677/UGM 536 (Tentative Map)for a 447-lot single-family residential subdivision, to be developed at an overall density of 4.36 units/acre. The project is consistent with the medium-low density designation of the Roosevelt Community Plan. The approval of the Tentative Map remains effective until March 14, 2004. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $426,000 for performance and $213,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$142,007.74 for applicable fees and has entered into a Covenant to defer the payment of certain sewer connection charges,water connection charges,Urban Growth Management fees and development fees in the amount of$ 100,908.37 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into Covenants for Solid Waste Services, Landscape Maintenance, and a Deed of Avigation Easement. 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. 5170 March 9, 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 Armstrong 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 the tract into CFD-2 on December 2, 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 $73.00 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. 4677/UGM 536 Final Map of Tract No. 5170 Resolution Approving the Final Map of Tract No. 5170 CRFT 5170.rev 02/24/04 F'4�HER PARCEL 3 27 V CR.+� I.00A\ • �aEt. 2 � r i 17.734c. AE-5C-90-85 s UG rj R-89-70 r�3 C-8g-99 L- T 423.574c UGM 375 R-I/UGM/d AE-5 'y CITYOF FRESNO G 9 D.l5A .,r� C-90-5T C-89-9 SEE LEj•'IL CO-OF FRESNO 01 1 O..'r I A ,IIA ,E KINGS i CANYON ;• RD. i •' �8C � I DETAIL••A•• � ` x.•:100' cc Q UGIV, C-- VICINITY MAP DEVELOPMENT DEPARTMENT TENTATIVE TRACT NO. 4677 / UGM 536 REZONING APPLICATION NO. R-94-19 AFN: 313-280-;6 AE-5/UGM —to— R-11UGMZONE MAP: 1456-2457 - NORTH BY/DATE: RAS/8-S-cd p Itoa► 400 Ln mill a co fill s '�Z ; +! � X211s?� aft � � O f }} t3 S - t ~ fes.' • t t : it �. n SS y 4, ve 04 R t. a ! V. = L. _ y I .sem_ • ��` � - �' �` `; Y .i 1, 0A.A. ---Itl I It i --- _ (COM.z Xc.,ow )) 3,tl.oLmd L�c►rrcc—•z XOG.G J(Arcc•z XOG.owoN).Orutr xS•.oww _ .29Im� I I I I I $S$ II n�ls�r I iT = OR Oi��Z�'nN < ax w = 7iw{S§ C4 Cg n4 I U `�= o< NRI - - I ipYSIFl t Y ya ' a iib Q 5 r. a« S ! 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WHEREAS, Synergy-Golden Dawn,LLC, a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5170 ("map'), pursuant to approved Vesting Tentative Map No. 4677 ("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. lAfW Resolution approving Final Map of Tract No. 5170 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. 5170 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 9th day of March , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Peres, Sterling, Castillo NOES: None ABSENT: None ABSTAIN:None REBECCA E. KLISCH, CMC City Clerk BY APPROVED AS TO FORM: FMD T MONTOY By: D uty