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T-5265 - Report - 3/30/2005
cftyof REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING March 1, 2005 APPROVED BY DEPARTMENT DIRECTOR 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. 5265 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5265 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 Maintenance of Landscaping and Non- Standard Improvements 3. AUTHORIZE the Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services. 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, CONCORD DEVELOPMENT CO., LLC, a California Limited Liability Company, has filed for approval,the Final Map of Tract No. 5265. The project, a Final Map of Vesting Tentative Map No. 5265/UGM for a 9-lot single-family residential subdivision on 5.26 acres, is located on the east side of North Maple Avenue between East Copper and East International 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 Woodward Park 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. 5265, a 9-lot single-family residential subdivision on 5.26 acres. LOCATION East side of North Maple Avenue between East Copper and East International Avenues. (Council District 6, Council Member Duncan) SUBDIVIDER CONCORD DEVELOPMENT CO., LLC, a California Limited Liability Company REPORT TO THE CITY COUNCIL Final Map of Tract No. 5265 Page 2 Ali Alam Moghaddam and Alireza Nabaran, General Partners LAND USE &ZONING Low density residential; R-1-A/UGM (single-family residential/Urban Growth Management; 20,000 square feet minimum lot size) zoning is existing. PLAN CONSISTENCY The project is consistent with the Low density residential land use designation of the Woodward Park 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. 5265/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 March 3, 2004 adopted Resolution No. 11969 approving Vesting Tentative Map No. 5265 (Tentative Map) for a 9-lot single-family residential subdivision, to be developed at an overall density of 1.79 units per acre. Minor Deviation MD-0452 was approved to reduce the frontages of 3 cul-de-sac lot from 80 to 72 feet. The project remains consistent with the Woodward Park Community Plan. The approval of the Tentative Map remains effective until March 3, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$143,000 for performance and$71,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$80,246.71 for applicable fees and has entered into a covenant to defer the payment of certain sewerconnection charges,waterconnection charges,Urban Growth Managementfees and developmentfees in the amount of$54,877.25 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenant providing for special solid waste disposal services for certain lots. The subdivision documents, securities and resolutions have been reviewed and approved by the City Attorney's office. Landscape Area, Special Street Lighting and Pavement Maintenance: A condition of approval of the Tentative Map is the installation and maintenance of the landscaping and irrigation system in the 20-feet wide landscape easements along North Maple Avenue. In lieu of standard facilities,the subdivider has elected to install special decorative street lighting and stamped concrete pavement and is responsible for their maintenance. 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 February 15, 2005. 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$1,590.00 per lot. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5265 Page 3 Street Improvements: The interior public street will be improved with standard curbs,gutters and sidewalks along both sides of the street, and special street lighting and pavement. Attachments: Vicinity Map Vesting Tentative Map No. 5265 Final Map of Tract No. 5265 Resolution Approving the Final Map of Tract No. 5265 k AVE. E. COPPER ui Q 1 i e v c Subject Property r a N a N.a7 s Y r ■ ss N « �r « „ LL ,a. m E AVE •7 } a x as >t ar r r « i N M w a0 s r x a : a « r / r E SAWGRAS A w ` W N LL/ r M ■ i7 N w •L 1i N Y < x A 70 n r N l N SAWGRAS3 AV ■ r r s n o �. a 1 w x tl } N • w N r N N / Y a • n n ERN N1RST AVE A s. LLA 04. IsY • �. w % • r M r _t n ■ w tl 3 r a n r ao ■ r u �E.RNlIElRlT w } r O �0 • N W Lo Is Is Q tl 'Im 101 m • r 70 n tl 7r, n f0 • Ki ■ n ■ s ra IN NO w 7r r M E OAKNpNT AVE. a I [ 1>t41 sLN sn.. tl II - LU M n m 0 E OAK 11 M -j �Y VVI�1 tl ¢ Saos 7L T 70 w w • «' Q s 71 a Z w w a 7 2! IOa 10.IOL a>,an tlL ON110 w a nI Z a EtNBERRY AYE r L. mwa■r •. ETURMEMY -AVL. rs yY s s 5 N a I • 1• 7 w 79j-f 1 L L { • i L n{ Itl N q s a { AVE E. INTERNATIONAL E. �MtFRNATIO"AL 1 I ED W4&v I I VICINITY 3LALP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO.T-5265 N DEPARTMENT A.P.N.: 578-010-08,09 W E ZONE MAP: 1352 10658,10700 N.MAPLE AVE. $ .__J,S;/__2-19-Q4 __ NOT TO SCALE BY/DATE: .______ LO Ur J�r Cl- 15 m Z Y=aC LLJ W Nr, h' r y . r� ' 3 "' ��•..q^t;T>�rr-.°r J- Yy ��+.'".-'y¢I ,f. .F � "' VF. 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RESOLUTION NO. 2005-65 RI-SOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5265 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, CONCORD DEVELOPMENT CO., LLC, a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5265 ("map"), pursuant to approved Vesting Tentative Map No. 5265 ("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 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. WoPid d ©� ,2 �C" Resolution Approving the Final Map of Tract No. 5265 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. 5265 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 1st day Of March ' 2005. AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH,'CMC CITY CLERK By: Aazm� APPROVED AS TO FORM: HILDA CANTO MONTOY By: Deputy