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Home My WebLink AboutT-5228 - Report - 2/15/2005 ■ CRY of \I/ FRESNO REPORT TO THE CITY COUNCIL AGENDA ITEM NO. /A COUNCIL MEETING 2/-7 December 7, 2004 APPROVED BY DEPARTMENT DIRECTOR �— FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGERA41,41,1" BY: RICK SOMMERVILLE, Supervisininaering Technician Building & Safety Services Division r Preswed to r y counc;, Date1217 0`4 . ... SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5228 Disposition . a t aet2 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5228 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 Fire Chief to execute the: a. Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained. 4. 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. EXECUTIVE SUMMARY The Subdivider, SUNNYSIDE PARTNERS LLC, a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5228. The project, a Final Map of Vesting Tentative Map No. 5228/UGM, is a 72-lot single-family residential subdivision on 22.38 acres, is located on the west side of South Fowler Avenue at the East California 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. 5228, a 72-lot single-family residential subdivision, on 22.38 acres. LOCATION West side of South Fowler Avenue at the East California Avenue alignment (Council District 5, Councilmember Dages) SUBDIVIDER SUNNYSIDE PARTNERS LLC, a California Limited Liability Company Farid Assemi, President LAND USE &ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management Area) zoning is in effect. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5228 December 7, 2004 Page 2 PLAN CONSISTENCY The project is consistent with the medium-low 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. 5228;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 No. 11796, conditionally approving Vesting Tentative Map No. 5228 (Tentative Map)for a 72-lot single-family residential subdivision, to be developed at an overall density of 3.2 units/acre. The project is consistent with the medium-low density designation of the Roosevelt Community Plan. A Conditional Use Permit Application No. C-03-250 was approved by the Planning and Development Department Director on January 28, 2004 in accordance with F.M.C. § 12-405-A-2 to reduce the R-1 zone district standard front yard setback of 20 feet to 15 feet for the 72 lots within the Tentative Tract to accommodate "swing garages" that will be oriented perpendicular to the main houses. The project remains consistent with the medium-low density plan designation of the Roosevelt Community Plan. The approval of the Tentative Map remains effective until February 4, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $1,365,000 for performance and$718,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$175,246.28 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$186,068.90 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into Covenants for Landscape Maintenance and Fire Protection. The Subdivider has acquired and placed into an escrow account, two deeds dedicating easements for street rights-of-way along the east side of North Fowler Avenue at the proposed East California Avenue alignment median island break to provide adequate area for U-turn movements. These rights-of-way are situated in Fresno County and upon action by the Board of Supervisors, will be processed for recording. 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 on all lots that side-onto or back-onto South Fowler and East California Avenues. 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 October 26, 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 $196.00 per lot. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5228 December 7, 2004 Page 3 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. Attachments: Vicinity Map Vesting Tentative Map No. 5228 Final Map of Tract No. 5228 Resolution Approving the Final Map of Tract No. 5228 Ui VWMT _j wo 0 �I�� ARLL IIB�CR - I�II�IN� 9 IIN��IW �CI�GW .I 0 00 ' s CV t x z Nmum LO U gig o = a Y Il Za a Z a C4 0 � �, O N , g °a _ ala L y■� < Q Z z vOw Lo Z O <n Ix Ifiddil, 0 1�1 v r� ^ U, U ri rr� r r a 3 Lt. a [i n: RX ;o 3nN3AV R AIN565 >r3�tae 5i wias ya/S! )IU� "-T-- RLa „ _n ' - AO -.t4 ,sYl- FC L Lrl I •w i.iC^ ^C9 1I .CC 1 h ►� W ^09011 7-ml mw .n •! - M I OLt br 1 �L7 Cil i - _ •N - �� PILI, L < M. 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WHEREAS,SUNNYSIDE PARTNERS LLC,a California Limited Liability Company,has offered for approval a Final Map designated as Tract No. 5228("map"), pursuant to approved Vesting Tentative Map No. 5228 ("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 previous'y 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. Aft d � 1 Resolution Approving the Final Map of Tract No. 5228 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. /// ffl /// /// /// /// /// x /// ,.. Resolution Approving the Final Map of Tract No. 5228 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 7th day of December 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk s By: 2 a - -- APPROVED AS TO FORM: HILDA ANTU MONTOY By: Deputy