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Home My WebLink AboutT-5247 - Report - 3/2/2005 City of FW REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 1A COUNCIL MEETING /2/21/(:)q December 21, 2004 APPROW-DBY DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department CITYMANAGER MICHAEL T. KIRN, Interim Director Public Works Department BY: ALAN KAWAKAMI, Chief Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5247 RECOMMENDATIONS 1. ADOPT the attached Resolutions: a. Approving the Final Map of Tract No. 5247 and accepting the dedicated public uses therein. b. Authorizing the Public Works Director to execute Common Use Easement Agreements with Fresno Irrigation District. 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 Off-Site Street Facilities. d. Agreement with Fresno Irrigation District for Common Use Easements. e. Agreement to Advance Consideration of Final Map for Tract 5247. 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. b. Statement of Covenants Acknowledging Right-To-Farm Law 5. AUTHORIZE the Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots. EXECUTIVE SUMMARY The Subdivider,GRANTLAND AVENUE LLC,a California Limited Liability Company and IMAGE HOMES, Inc, a California Corporation, has filed for approval,the Final Map of Tract No. 5247. The project, a Final Map for Phase 1 of Vesting Tentative Map No.5247/UGM,is a 2504ot single-family residential subdivision with 1-outlot on 84.9 acres, is located on the southeast comer of West Bullard and North Grantland 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 West Area 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 / 'e - ... REPORT TO THE CITY COUNCIL Final Map of Tract No. 5247 December 21, 2004 Page 2 PROJECT INFORMATION PROJECT The Final Map of Tract No.5247, a 250-lot single-family residential subdivision with 1-outlot, on 84.9 acres. LOCATION Southeast comer of West Bullard and North Grantland Avenues (Council District 2, Council member Calhoun) OWNER/SUBDIVIDER CAMPOS BROTHERS, a California General Partnership (Fermin Campos, Partner and Antonio Campos, Partner) and GRANTLAND AVENUE LLC, a California Limited Liability Company (Farid Assemi, Manager)/GRANTLAND AVENUE LLC,a California Limited Liability Company(Farid Assemi, Manager) and IMAGE HOMES, Inc, a California Corporation (Kirk Stewart, Chief Executive Officer and Kevin Mulligan, President) LAND USE&ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management Area)zoning is in effect pursuant to Rezoning Application R-03-83. PLAN CONSISTENCY The project is consistent with the medium-low density residential land use designation of the West Area 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.5247;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 June 2, 2004, adopted Resolution No. 12027, conditionally approving Vesting Tentative Map No. 5247/UGM (Tentative Map) for a 417-lot single-family residential subdivision with 2-outlots,to be developed at an overall density of 4.0 units/acre. The project is consistent with the medium-low density designation of the West Area Community Plan. A Conditional Use;Permit Application No. C-04-42 was approved in accordance with the provisions of FMC §12-405-A-2 to provide for a residential planned development which will allow the subdivision to be developed with design modifications including decorative street lighting and paving, reduced lot widths and area for approximately 67-lots and reduced front yard setbacks on selected lots to facilitate the use of side entrance garages and other alternative building designs. The project remains consistent with the medium-low density plan designation of the West Area Community Plan. The approval of the Tentative Map remains effective until June 2, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $5,045,000 for performance and$2,522,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$678,444.21 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 REPORT TO THE CITY COUNCIL Final Map of Tract No. 5247 December 21, 2004 Page 3 development fees in the amount of$456,693.19 to the time of issuance of Certificate of Occupancy. Included in the cash amount is the Subdivider's payment of$82,200 representing the pro-rata fair share impact of this project to the Herndon Avenue/Veterans Boulevard intersection which was required as a condition of Rezoning Application R-03-83. The Subdivider has also entered into Covenants for Landscape Maintenance, Fire Protection, Special Solid Waste Services, Temporary Off-Site Street Facilities and Acknowledging Right-to- Farm Law. The subdivision documents, securities, resolutions, FID agreement and the Agreement to Advance Consideration of Final Map for Tract 5247 have been reviewed and approved by the City Attorney's Office . Community Facilities District: A condition of approval of the Tentative Map is to install and maintain the landscaping and irrigation system in the landscape easements along West Bullard, West Bryan and North Grantland Avenues and areas within the tract,and the maintenance of decorative street lights,walkway lights, gates,entry pilasters and stamped concrete paving. The Subdivider has elected to satisfy such maintenance requirements by annexing the subdivision into the City's Community Facility District No. 2 (CFD-2). This condition will be satisfied with the anticipated annexation of the tract into CFD-2 on January 4, 2005. As annexation of the tract will occur subsequent to the approval and possible recording of the Final Map, the City is requiring the subdivider to enter into an agreement whereby the subdivider promises to petition Council to annex the tract into CFD-2. To ensure that all parcels within the Final Tract are in CFD-2 and the noticing requirements for annexation are met, the subdivider has agreed to not sell or enter into escrow any parcels before annexation occurs. As annexation to CFD-2 is within Council's discretion,to ensure that the tentative map condition will be.fulfilled, the City has required the subdivider to agree to take responsibility for all landscape and maintenance if the property is not annexed to CFD-2. The subdivider may meet this obligation through the formation ofta homeowner's association. Finally, the Subdivider has executed the covenant for Landscape Maintenance and as a condition of the Subdivision Agreement, should annexation to CFD-2 occur, the subdivider 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$697 per IoL If the annexation does not occur, the City will release this covenant from the property. Street Improvements: Key entry streets and certain interior streets shall be dedicated to 68,72,90 and 100- foot widths to facilitate construction of landscaped median islands:all other interior streets shall be dedicated in accordance with the 50, 54 and 56-foot width standards. All streets within the subdivision will be fully improved with standard curb,gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. The Subdivider has acquired and placed into an escrow account, two deeds dedicating easements for street rights-of-way along the west side of North Grantland Avenue at the intersections of West Bullard Avenue and at the proposed West Roberts Avenue alignment to provide adequate area for street improvements. These rights-of-way are situated in Fresno County and upon action by the Board of Supervisors, will be processed for recording. Fresno Irrigation District(FID):To fulfill a part of their Tentative Tract sidewalk and landscaping improvement requirements, the subdivider will dedicating a portion of property in the tract in which FID has an existing easement and/or right of way. To obtain approval for the City's shared use of their easement, FID has submitted an Agreement for Common Use Easements(see attachments). The agreement provides that FID consents to the City's use of the easement, so long as neither the City nor FID unreasonably interferes with each others easements; both the City and FID are responsible for maintenance of their own improvements; REPORT TO THE CITY COUNCIL Final Map of Tract No. 5247 December 21, 2004 Page 4 if FID is required to destroy, damage or remove the City's improvements to make necessary repairs, maintenance or modification to their facilities, FID has no obligation to repair or replace the City's facilities or improvements; and both parties agree to arbitration to resolve any disputes as the sole remedy. Council in prior resolutions have given the Public Works Director and/or City Engineer authority to grant public service easements over City-owned property (Resolution No. 2000-180) and authority to accept easement deeds(Resolution No.92-219A). The City Attorney's Office has advised staff that neither of these resolutions authorize staff to enter into the FID Common Use Agreement. As these agreements are fairly common when proposed subdivisions contain FID exclusive easements,Council may want to consider adopting a resolution authorizing the Public Works Director to execute such agreements. The City Attorney's Office has prepared a resolution for Council's consideration, that would allow the Public Works Director to execute common use agreements with FID of the kind submitted with this Council report. Attachments: Vicinity Map Vesting Tentative Map No. 5247 Final Map of Tract No. 5247 Resolution Approving the Final Map of Tract No. 5247 FID Agreement Resolution Authorizing PW Director to sign FID Agreements I �a it r • I� r :4 M-•UG.M. WL ,. . j rri rrri /r r/ r . . -rAl - <S�S z\5 . F `�-1�;�� LEGEND PLAN AMENDMENT PLAN AMENDMENT REZONE APPLICATION ^�REZONE APPLICATION . it rr, NO.A-03-021 \ NO.A-03-021 _. NO.R-03-083 ��j NO. R-03-083 From Neigh.Commercial �`,�. ,.� From School/Resid. From R-R(County) �.-"�'ri From AE-5/UGM Density Resid. to Community Comm. to R-1/UGM to R-1/UGM REZONE APPLICATION NO.R-03-083 From R-R(County) to C-1/UGM VICINITY MAP PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-021 N DEPARTMENT From School/Resid.&Neigh.Commercial 504-080-18,63,64; to Med.Density Res.&Neigh.Commercial \, _,� A.P.N.:-50.5-d79-03;-14:LZ,27.,28.29.,30 REZONE APPLICATION NO. R-03-083 w — E %�,• '�� ZONE MAP:,1$93_ __.. 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'.;S::I: ..j..:.aL...a...�:`__• b G°..7�i, ,'i YYv``r.i ?• aP _.ad •3t�•.9 � ,r S l J RESOLUTION NO. 2004-475 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5247 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, CAMPOS BROTHERS, a California General Partnership and GRANTLAND AVENUE LLC, a California Limited Liability Company as owners and GRANTLAND AVENUE LLC, a California Limited Liability Company and IMAGE HOMES, Inc, a California Corporation as subdivider, has offered for approval a Final Map designated as Tract No. 5247 ("map"), pursuant to approved Vesting Tentative Map No. 5247 ("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 placed into escrow, signed deeds in a form acceptable to the City Engineer, for easements 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. ..4kptcd �p�ocxd Resolution Approving the Final Map of Tract No. 5247 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. l i Resolution Approving the Final Map of Tract No. 5247 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 21st day of December 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH; CMC City Clerk C� APPROVED AS TO FORM: HILDA C U MONTOY x By: Deputy