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Home My WebLink AboutT-5233 - Report - 2/9/2005 City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 04 COUNCIL MEETING 9'2.80 y September 28, 2004 APPROVED BY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: ALAN KAWAKAMI, Chief Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5233 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5233 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. Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities. 3. AUTHORIZE the Public Utilities Director to execute the: ' a. Statement of Covenants Affecting Land Development Providing for Sanitary Sewer Capacity in the Fowler Avenue Trunk Sewer and Deferring Payment of Interim Fee Surety to the time of Issuance of Certificate of Occupancy and Creation of Lien. 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, BN 5233 L.P., a California Limited Partnership, has filed for approval, the Final Map of Tract No. 5233. The project, a Final Map of Phase 1 of Vesting Tentative Map No. 5233/EA/UGM, a 193-lot single- family residential subdivision and 1-outlot for a City water supply well, on 41.49 acres, is located on the southeast corner of East Shields and North Armstrong 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 McLane 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. 5233 (Phase 1 of Vesting Tentative Map No.5233/EA/UGM),a 193-lot single-family residential subdivision and one outlot on 41.49 acres. LOCATION The southeast corner of East Shields and North Armstrong Avenues. (Council District 4, Council Member Castillo) SUBDIVIDER BN 5233 L.P., a California Limited Partnership, John A. Bonadelle, President �1 REPORT TO THE CITY COUNCIL Final Map of Tract No. 5233 September 28, 2004 Page 2 LAND USE &ZONING Medium-Low density residential; R-1/EA/UGM (single-family residential/Expressway Area/Urban Growth Management) zoning is existing. pursuant to Rezone Application No. 03-45. PLAN CONSISTENCY The project is consistent with the Medium-Low density (2.17 to 4.98 units per acre) residential land use designation of the McLane Community Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and local SUBDIVISION MAP subdivision ordinances applicable to the conditions of approval of Vesting ACT AND LOCAL Tentative Map No. 5233/EA/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 December 17, 2003 adopted Resolution No. 11935 approving Vesting Tentative Map No. 5233 for a 347-lot single-family residential subdivision and 1-outlot for a City water supply well, to be developed at an overall density of 4.3 units per acre. The approval of Vesting Tentative Map No. 5233 remains effective until December 17, 2005. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$3,313,000 for performance and $1,743,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of $441,771.34 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 $353,811.57 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenants providing for the Temporary Storm Drainage Facilities, Landscape Maintenance and for Sanitary Sewer Capacity in the Fowler Avenue Trunk Sewer and Deferring Payment of Interim Fee Surety to the time of Issuance of Certificate of Occupancy and Creation of Lien. The subdivision documents,securities and resolutions have been reviewed and approved by the City Attorney's office. Landscape Area Maintenance: A condition of approval of the Tentative Map is the installation and maintenance of the landscaping and irrigation system in the 15-feet wide landscape easements of all lots that back-onto East Shields Avenue and 10-feet wide landscape easements of all lots that 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 August 24, 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 $210.00 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 60-foot width standards and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. East Shields Avenue, shall be dedicated in accordance with the tentative map condition of approval to accommodate arterial to arterial approach standards and will be improved with standard curbs, gutters, street lighting, permanent pavement and sidewalks. Attachments: Vicinity Map Revised Vesting Tentative Map No. 5233 Final Map of Tract No. 5233 Resolution Approving the Final Map of Tract No. 5233 FINAL MAP TRACT NO. 5233 74 "CIENI TY 3 A P PLANNING & DEVELOPMENT N DEPARTMENT FINAL MAP TRACT NO. 5233 A,P.N.: 310-040-03 PHASE ONE OF VESTING TENTATIVE MAP 5233/UGM "' e ZONE MAP: 2157 S Southeast comer Shields and Armstrong Aves. 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'�e �-of on 1n-AIA1 yer'� r p-iT Ara-te r k 1 • �'�� MUM oiAM AM Ammm j I a 4 c I Al"a$• M i �„ I, AM $ •Apltl■ • ADI lllcs 1, Am ARM Ili f 1,11 mm oft mjus so AM-02, AM am am RANN'y3 i 8 Al q■ .f KMM $ Cl QAM M I AM I I� A■e11 � AM � Altl Ala Ar■■ ' ~ W ��11.11 • I I /M 3 " A � i i I 0 , -'Am% 'I �1:1 • „�1� I �,A„ ' � ' i 1 i11111 'L� I •,■"■ CIAA. ie_ A'a u -p arranv s --- liG6Y h u — !d 9 r�tr rtl AeAr Jnr Aer n1 �Itl -nrr 7nr 7Hf A b ua ( -Am tlnor A g11Ac1 - <Are 1 t D LmM Woe A'a 7.,O.=■ � 3nN3A v ONO&.LSPV&V Hld'ON J RESOLUTION NO. 2004-343 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5233 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, BN 5233 L. P., a California Limited Partnership, has offered for approval a Final Map designated as Tract No. 5233, ("map"), pursuant to approved Vesting Tentative Map No. 5233 ("tentative map"); and, WHEREAS, ail t!,.a 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,w!pose s°gna ures 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. �o ftcd �pp:ourd � � � � ~ 3,Y3 i Resolution Approving the Final Map of Tract No. 5233 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. 5233 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 28th day of September ' 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC CITY CLERK By: a!La APPROVED AS TO FORM: HILDA NTU MONTOY By: Deputy