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HomeMy WebLinkAboutT-5190 - Report - 2/9/2005 city of uI � REPORT TO THE CITY COUNCIL AGENDA ITEM NO. I E COUNCIL MEETING January 6, 2004 APPROVEDBY 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. 5190 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5190 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. 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 for Front'Yard Trees. c. Statement of Covenants Affecting Land Development 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. 5190. The project, Phase II of Vesting Tentative Map No. 5071/UGM, a 55-lot single-family residential subdivision on 12.49 acres, is located on the west side of North Brawley Avenue south of West Clinton 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 Fresno High-Roeding 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. 5190, a 55-lot single-family residential subdivision on 12.49 acres; Phase II of Vesting Tentative Map No. 5071/UGM. LOCATION The west side of North Brawley Avenue , south of West Clinton Avenue. (Council District 3, Council Member Sterling) SUBDIVIDER Centex Homes, a Nevada General Partnership, David Hatch, Division Manager, Centex Real Estate Corporation, a Nevada Corporation, as General Partner ,, REPORT TO THE CITY COUNCIL Final Map of Tract No. 5190 January 6, 2004 Page 2 LAND USE &ZONING Medium density residential; R-1/UGM (single-family residential/Urban Growth Management)zoning to become effective upon recordation of the final map pursuant to Rezone Application No. 02-19. PLAN CONSISTENCY The project is consistent with the medium-density residential land use designation of the Fresno High-Roeding Community Pian. 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. 5071/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 October 16, 2002 adopted Resolution No. 11757 approving Vesting Tentative Map No. 5071(Tentative Map) for a 129-lot single-family residential subdivision, with one Outlot, to be developed at an overall density of 3.0 units per acre. Although the Fresno High-Roeding Community Plan designates the project site for medium density residential (4.99-10.37 units per acre), the provisions of Section 12-403-B-2(b)1 of the Fresno Municipal Code enables a lower density, provided the lower density is not less than the minimum density (2.19units/acre) of the next lowest land use designation. The approval of the Tentative Map remains effective until October 16, 2004. Subdivision Agreement, Securities, Fees &Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $534,000 for performance and $267,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$70,045.17 for applicable fees and contributions. The Subdivider 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$77,954.60 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for landscape maintenance, to plant and maintain front yard trees and acknowledging right to farm law. The subdivision documents, securities and resolutions have been reviewed and approved by the City Attorneys 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 Clinton 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 September 23, 2003. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5190 January 6, 2004 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 $58.00 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. 5071 Final Map of Tract No. 5190 Resolution Approving the Final Map of Tract No. 5190 CRFT 5190.rev 12/23/03 HUM i w0©DDD�Qdv Q o -► � kaF= MCI � 7 0 • ma •da rm A ©r7 � • 4 ©© lug Ali mi b h�l•���i eel j VICINITY MAP N DEVELOPMENT DEPARTMENT VMT]NG TLMATIVE TRACT NO. 1 _:_ APN: 1 REZONWG APPLICATIONNOR-02-19 • • Not • Scale i 1 1 11 aN ...... ....: 0 PH(ASIE4 II OF. TRACT NO"; i 071 "owl ffv WEST CLINTON AVENUE 42 _ C4 PARCEL MAP N0. 95 - 04 4! SUP �„ ' � � � ism'[ iMIN1It _— T low swat48 45 30 40 W 47 48 46 •41 'R t 49 WWI- R.R.IIICJ. A7 7 .[.. , to 7 �. i ...•••••••... ...II .-IRIl • frgY 1 ' 45 • • j�L'wVi w K7 v: 9S t 3M 34 J6 r ' —__ . 36 43 • r X ' ' u 51 1 .. •wwrr • err t....t.> •9 �.�- _..'�"""!!1fM.:"......' ............. xxww a[ST CAI Al"AWMK a www• 52 sg 57 33 32 31JO " 20 2a 27 26 25 ` 24 33 [k; kE ' i 1 54 Q 55 ' s� �a. 23 14 • 15 •` 1a 17 '" 1a 19 20 21 22 '3 _ m �`, .•,s 1'n5 13 12 11 -10 9 a 7 -9 5 4 ` 3 2 1S i 'R • � auw PARCEL MAP NO. 5008 $NMI tai � � �� ISI t• Ytal w<f�-W d�MNp�I� FINAL TRACT MAP DEVELOPMENT NO. 5190/UGM , PHASE II OF LNS DEPARTMENT ENGINEERING TENTATIVE TRACT NO. 5071/UGM APN: 321-082-28, 47, 48 ZONE YAP: 2248 ti BY/DATE: J.BECK 12/23/03 REZONING APPLICATION NO. R-02-19 F "1 b 5 ............ ...................... ......................... I...... ........................ .............................i................. . .......... .................. ....................................... 71 ps y3 71 ............ ............. .................. ...................... sy n ............ n if ............ ............... I..............i ....... 30 49 M L—T- 43 ............... a............. 9 ............ a 40 ............ ............. 45 n 40 4y 49 ....................... 48 n ............. n 41 48 ............. a 47 41 48 ............. is ............. r p rn a 48 11 R ........................ Is p 31 s w is aa a v a a as ............. M ................ ................ a M 13 In 9 6 1 7 1 6 1 0 1 4 1: t .......... ... ... ..... ...................................................... TENTATIVE TRACT MAP DEVELOPMENT DEPARTMENT LAND DMSION & ENGINEERING TENTATIVE TRACT NO. 5071/UGM NI APN: 321-082-28, 47, 48 ZONE MAP: 2246 REZONING APPLICATION NO. R-02-19 BY/DATE: J.BECK 12/23/-03 j RESOLUTION NO. 2004-2 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5190 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, Centex Homes, a Nevada General Partnership, has offered for approval a Final Map designated as Tract No. 5190 ("map"), pursuant to approved Vesting Tentative Map No. 5071 ("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. .00Pd Resolution Approving the Final Map of Tract No. 5190 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. 111 111 Resolution Approving the Final Map of Tract No. 5190 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 6th day of January , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk BY APPROVED AS TO FORM: HILDaMONTOY By: D ty