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Home My WebLink AboutT-5188 - Report - 1/11/2007 i City of c�Cc��i► REPORT TO THE CITY COUNCIL rnc�... . AGENDA ITEM NO. COUNCIL MEETING January 9, 2007 APPROVED BY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: RICK SOMMERVILLE, Supervising Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5188 KEY RESULT AREA One Fresno RECOMMENDATIONS 1. ADOPT the attached Resolution: a. Approving the Final Map of Tract No. 5188 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 Maintenance of Certain Public Improvements. 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 for Acknowledging Right-to-Farm Law. EXECUTIVE SUMMARY The Subdivider, D. R. Horton, Inc. - Fresno, a Delaware Corporation, has filed for approval, the Final Map of Tract No. 5188. The project, a Final Map of Vesting Tentative Map No. 5188/UGM, a 79 lot single-family residential Planned Development subdivision on 17.6 acres, is located on the Southwest corner of East Butler Avenue and South Temperance 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 66457 and 66474.1 of the Subdivision Map Act require that such final map be approved by the City Council. . a REPORT TO THE CITY COUNCIL Final Map of Tract No. 5188 January 9, 2007 Page 3 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 East Hamilton Avenue and install and maintain the landscaping and irrigation system in the Bicycle/Pedestrian Trail easement on all lots that side-onto or back-onto South Temperance Avenue,within the Subject Subdivision,also including street lights and Open Space Features in accordance with the adopted standards of the City. 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 subdivision into CFD-2 on August 22, 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 maximum annual assessment is $423.00 per lot with an annual 3% adjustment plus the 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-foot and 54-foot 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. 5188 Final Map of Tract No. 5188 Resolution Approving the Final Map of Tract No. 5188 1 VESTING TENTATIVE .SUBDIVISION .MAP TRACT- W.O. 518 8 E 64' 'w 10'E S E —_ __ ___��_-(E1 f-• 10'(x. c� °N .- —— �•(—— 0 S w— ME57 I/4 CORNEA C lER 1/4 CORNER — _ 11-14/21 RESET NN C11 10-14 2 115'-- 118' — ___ --- SET PER RES/ i'PE Ll7 PIIS _ I'PE --186'_ - r J I 64 R en 78 a PUE 8 T7 12T I 2 S 1 r 'm I I so' 55 15 71' 125• • a3 49' 62' 65' C PUE .17.PUE . m 75 77 S (n I `_ 3 H 4 c 5 ` ' App - a a CX r 75 1.PEI I 10'P E 1i6 1. 18'-29 --57 '�+�48•—10`+� - 'h WL try _ _PEAST TO SEND AVENUE 4 ! ly � + 74 Q' - � 7 . 115'PUE, '49'�L-i0'- so"— 5tJ` ,3'_41 . E PE Ia. II $ r t4 I ) S 14 :..1'3 �t 12 !11 r----- J• a P 15 Ol .oi. •26' . _ 1 55 50' 50' w 50' m' 109' �.. 25 �-8' J?S ' 60 102 77 I , Ot 20 K Ir 72 15 G 16 17 pr 19 , 19 . 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HAMILTON AVE .: w4�i6'• AFN 313-OAO-I&S f RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5188 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, D. R. Horton, Inc. - Fresno, a Delaware Corporation, has offered for approval a Final Map designated as Tract No. 5188, ("map"), pursuant to approved Vesting Tentative Map No. 5188 ("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 Gt the r 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. i 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 , 2007. AYES: . _ -.. .-NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC CITY CLERK By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy K:\Louisr\FM 5188\Map Docs\FM 5188 Staff Report v06-12-1.wpd RESOLUTION NO. 2007-3 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5188 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, D. R. Horton, Inc. - Fresno, a Delaware Corporation, has offered for approval a Final Map designated as Tract No. 5188, ("map"), pursuant to approved Vesting Tentative Map No. 5188 ("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. y1doftcd �IpPsoad 200`�� 3 r Resolution Approving the Final Map of Tract No. 5188 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, unless it is stated on the Final Map that said dedications are subject to improvement, 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. 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 January ' 2007. AYES: Calhoun, Dages, Duncan, Sterling, Westerlund, Xiong, Perea NOES: None ABSENT: None ABSTAIN: None t REBECCA E. KLISCH, CMC CITY CLERK By: Ly- - APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By. -7h/ Deputy KALouisAFM 51881Map Docs1FM 5188 Staff Report v06-12-1.wpd