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Home My WebLink AboutT-5262 - Report - 3/3/2005 City of ,+ ��e��.�� REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING November 30, 2004 APPROVEDBY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department c/rYMANACER BY: RICK SOMMERVILLE, Supervising in�e�ering Technician Building & Safety Services Division, ' �"��,� 4 SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5262 RECOMMENDATIONS , 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5262 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 Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for certain lots. 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, McMillin Rustic Oaks, LLC., a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5262. The project, a final map of Vesting Tentative Map No. 5262/NON-UGM for a 113- lot single-family residential subdivision on 27.9 acres, is located on the northwest corner of East Butler and South Peach 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 Roosevelt 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. 5262, a 113-lot single-family residential subdivision on 27.9 acres. LOCATION The northwest corner of East Butler and South Peach Avenues. (Council District 5, Council Member Dages) SUBDIVIDER McMillin Rustic Oaks, LLC., a California Limited Liability Company Joseph A. Leal, Executive Vice President LAND USE & ZONING Medium-Low density residential R-1/BA-15-30 (Single Family Residential/Boulevard-15-30 Feet) zoning is existing pursuant to Rezone Application No. 04-23. i REPORT TO THE CITY COUNCIL Final Map of Tract No. 5262 November 30, 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. 5362/NON-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 April 21, 2004 adopted Resolution Nos. 12006 approving Vesting Tentative Map No. 5262 (Tentative Map)for a 113-lot single-family residential subdivision, to be developed at an overall density of 4.2 units per acre. The approval of Vesting Tentative Map No, 5262/NON-UGM remains effective until April 21, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$1,676,000 for performance, $838,000 for labor and materials to guarantee the installation of the required public improvements. The-Subdivider has paid cash in the amount of$170,237.07 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 $125,495.76 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance and Special Solid Waste Disposal Services. 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 15-feet wide landscape easements of all lots that side-onto or back- onto South Peach and East Lane Avenues; and the 30-feet wide landscape easements of all lots that side-onto or back-onto East Butler 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 subdivision into CFD-2 on September 21, 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 $185.00 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 56-foot and 60-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 Vesting Tentative Map No. 5262 Final Map of Tract No. 5262 Resolution Approving the Final Map of Tract No. 5262 ��r .._ .�6,.. C-218A-15Az R-2-BA- �� KO'UA'10 �I 15 �z. R2- =-R CI- A-1 GI e_I/BA-Mtz �S BA- —_ 15 r ROAD ------ - _ I. (� C-3/ 15/CZ ,z R3.13A-15 RZ A-15 C-2/BA-20/15 06 V V, 4` a Subject Property- E. roperty E. LANE Ave - 1 R-P-BA-15 R-1-C X. 15 RP-BA-15 •RP i ^ E.UBERTY A _ // �l R-I=BA-15 Rezone portion %�/i �. RlB BA 30 from R-P/BA-30, BA-15 !%'ice to R-1/BA-30,B -15 - /,/, 1. R-P-BA R-P AVE _ . 1 -�-- ------------- ----- --- j/% 1 E. BUTLER i E_TOWNSEND 1T0 AVE E.TOWNSETD AVE. - YI r � • • ; • ,w � w s, _113i w . ^ E,ORLEANS' 7.- 1E ORLEANS 1 E ORLEANS i a w E.NAMLTON • I r E "AMR TOM "CINIIWV PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-014 N DEPARTMENT From Office Commercial to Med.Low Density Residential A.P.N.:-4Z292.1 7-09,.20 �Ir REZONE APPLICATION NO. R-04-023 .. From R-P/BA-30,BA-15 to R-1/BA-30,BA-15 w- � 'E R VESTING TENTATIVE TRACT MAP NO. T-5262 ZONE MAP:2454 s West of Peach Ave. btwn Butler and Lane Aves. BY/DATE: J� 4-16_04 NOT TO SCALE - 3R Yy Yt agf: a'`Y Ey - e a6 % � eb Y ree� 6 3 3 g y LL 04 Cr ,° :aQ; a ii ! 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S w 8 b 1 j as al a1_ 0 62S ¢ 1 2 9 4 o 6 ` a S 1dwimup1 - r - - `^ wncinew.on�in M-e.1ma aevc W =WE_&4VENUE w�u oac o M ( 7 as 7.0 ao ee a as as a a 6 ,r T er 6 j 84 78 74 78 76 77 78 72 j ID a! !I EAST BENJAMIN AVENUE 6 'I ffi 88 88 84 8, 82 a 80 12 11 a k w � a 5 ao 80 a 62 a 64 os 66 p 14 --49 1 4 1r nuc � 8 w carer E 1 40 a EAST LIBERTY AVENUE '( 94 is 47 100. ffi 10l 10p M a{ 67I t zj M 101 fps 10P ib 18 ffi 10 tl � tp N 1� �. EAST LYELL AVENUE iI1\x.11. :I ZD 45 as 1 29 v ��`"""QQQ��"��// � 21 III, 42 .87 84 J H 22 If N Tj t �n[wiraramiarm sear was®ra uwi.,b u e1�1euo1Y omloum rale nomas RE awur a aaQr n�wam ann�r v EAST BUTLER AVENUE FINAL MAP OF Quad Knopf TRACT NO '. 5262 w . RESOLUTION NO. 2004-448 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5262 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, McMillin Rustic Oaks, LLC., a Delaware Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5262("map"), pursuant to approved Vesting Tentative Map No. 5262 ("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 a State of California,and'Cityordinances,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. �4doPted o d r Resolution approving the Final.Map of Tract.No:5262. 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 deviatbns therefrom being deemed to be approved by the Council /// 4 a f Resolution approving the Final Map of Tract No. 5262 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_.., Nouemhex _ , 2004. ,AYES:. Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSTAIN: None REBECCA E. KLISCHt,CMC CITY CLERK By. APPROVED,AS TO FORM: HILDA CANTO MONTOY .By: . o De