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Home My WebLink AboutT-5206 - Report - 2/8/2005 i My Of ' REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING March 30, 2004 APPROVED BY DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department CITVMANAGER BY: ALAN KAWAKAMI, Chief Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5206 RECOMMENDATIONS 1. ADOPT the attached Resolutions: a. Approving the Final Map of Tract No. 5206 and accepting the dedicated public uses therein. b. 72nd Amendment to the Annual Appropriation Resolution No. 2003-209 appropriating the Subdivider's initial deposit for rights-of-way acquisition along South Marks Avenue and West Kearney Boulevard. 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 Drainage Facilities. 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 Right-To-Farm Law. EXECUTIVE SUMMARY The Subdivider, Running Horse LLC., a California Limited Liability Company, has filed for approval,the Final Map of Tract No. 5206. The project, a Final Map of Vesting Tentative Map No. 5206/UGM for a 58-lot single- family residential subdivision on 18.8 acres, is located on the Northwest comer of West Kearney Boulevard and South Marks 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 Edison 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. 5206, a 58-lot single-family residential subdivision on 18.8 acres. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5206 March 30, 2004 Page 2 LOCATION The Northwest comer of West Kearney Boulevard and South Marks Avenue. (Council District 3, Council Member Ster ing) SUBDIVIDER RUNNING HORSE LLC., a California Limited Liability Company, Scott Webb, Manager LAND USE &ZONING Medium-Low density residential R-1/UGM (Single Family Residential/ Urban Growth Management)zoning is existing pursuant to Rezone Application No. 03-31. PLAN CONSISTENCY The project is consistent with the Medium-Low density residential land use designation of the Edison 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. 5206/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 August 6, 2003 adopted Resolution No. 11892 approving Vesting Tentative Map No. 5206/UGM (Tentative Map) for a 58-lot single-family residential subdivision, to be developed at an overall density of 3.1 units per acre. The approval of Vesting Tentative Map No. 5206/UGM remains effective until August 6, 2005. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$2,162,000 for performance, $1,081,000 for labor and materials to guarantee the installation of the required public improvements, and $50,000 to guarantee completion of the street improvement plans. The Subdivider has paid cash in the amount of$234,880.95 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 $105,710.91 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance, Temporary Drainage Facilities and Right-To-Farm Law. 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 South Marks Avenue north to West Whites Bridge Avenue and along West Kearney Boulevard beyond the limits of the subdivision. The Subdivider has been unable to acquire and/or dedicate 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$124,200 for the estimated acquisitions and legal costs. The attached amendment to the Annual REPORT TO THE CITY COUNCIL Final Map of Tract No. 5206 March 30, 2004 Page 3 Appropriation Resolution is to appropriate the funds deposited by the Subdivider for the City to pursue these acquisitions. Due to the street alignments traversing into Fresno County's jurisdiction and the potential for unforseen delays to initiate and complete the necessary acquisitions,the Subdivider has agreed to waive the sanctions and time provisions imposed by the Permit Streamlining Act (Government Code Section 65920, et seq) and the Subdivision Map Act( Government Code Section 66410, et seq.; Section 66462.5 in particular). 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 20-feet wide landscape easements of all lots that side-on and back- onto South Marks Avenue, West Madison Avenue and West Kearney 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 March 9, 2004. 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 $267.06 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 54-foot width standard and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. Attachments: Vicinity Map Revised Vesting Tentative Map No. 5206 Final Map of Tract No. 5206 Resolution Approving the Final Map of Tract No. 5206 Resolution Amending Annual Appropriation Resolution CRFM 5206.rev 03/11/04 z TRACT NO, 5206 A-E-5 '..y4 '� II to . u x f� 4Q IJ " IS H 31 C 'i 1� � N �7 �d •i Jr sm u aemc a u Is a srf « 1 � � 1t m 16` AE-5-l1GM rs sr �{ JW _ u e� $Ff ys AN 19. bog 17 CSSACYa is _ 1 r KEARNEY P � > 2 w •A r b �l i. PLANNING AND DEVELOPMENT DEPARTMENT VICrNITY MAP APN: 326-100-28 FINAL MAP TRACT NO. 5206 ZONE MAP: 2447 TENTATIVE TRACT NO. 5206/UGM BY/DATE R,/7-7-2003 REZONING APPLICATION NO. R-03-31 (R-A/UGM TO R-1/UGM) NORTH ya 4 1i1, il'a an' k'h I.ry4 ',"�� Cb w v is a"J,. 5! 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N��• r pyr- ------p'e•.._-._ Y _ _ .-;-._ „_ .,•_-.!p • � � 1%11 2.4404 W-- " '”' Ar Rx 4"t it .M7Y1 �'r = i 2�i ^_.+t"� f; mn, a-AD a ssaoiv to,iiri w' ve �+ _.:ia1u*ow ynia mT_ 3111 V _ice_ a•`-- JTTn-� -,FA?(�_%P�a� �'@r-TaW-'IL a�WT-- mincf .89 00 iv r J �,• i �t� - auu �r �r iau�wii - D, It Yn m ni -- ars .M.4, ),oltw n 11dM7dt1 J fYLY,10 M RESOLUTION NO. 2004-105 RESOLUTION OF THE COUNCIL OF THE CIN OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5206 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, RUNNING HORSE, LLC., a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5206("map"), pursuant to approved Vesting Tentative Map No. 5206 ("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 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. AkPtd A"vd o 4&" Resolution Approving the Final Map of Tract No. 5206 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. 5206 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 30th day of March , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC CITY CLERK By: T Ci 02at "g -QQPW4y- APPROVED AS TO FORM: HILIDANTU. NT Y By: Deputy 1 • RESOLUTION NO. 2004-106 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 72"d AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2003-209 BY APPROPRIATING $124,200 FOR THE PURPOSE OF FUNDING RIGHT-OR-WAY ACQUISITION IN UGM TRACT 5206 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2003-209 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT R/W Acquisition Tract 5206 $ 124,200 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Increase/(Decrease) R/W Acquisition Tract 5206 Revenues: Account: 34854 UGM Developer Contributions $ 124,200 Fund: 31625 Org Unit: 186010 Total Revenues L124,.200 Appropriations: Account: 51101 Permanent Salaries $ 21,000 51102 Permanent Fringe 1,500 57101 Land Acquisition 101,700 Fund: 31625 Org Unit: 186010 Project: PWO0287 Total Appropriations $ 124,200 THAT the purpose is to appropriate $124,200 to fund right-of-way acquisition in UGM Tract 5206. sldo�al 3130104 43/ Fa/acL� _ -1- K:\USERS\DOCS\RESOS\FY 04 AAR\04 72nd.JES.wpd(03/08/04(4.45PM)J