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me „ REPORT TO THE CITY COUNCIL
AGENDA ITEM NO.
COUNCIL MEETING
June 6, 2006 APPROVED BY
DEPARTMENT DIRECTOR
FROM: NICK P. YOVINO, Director
Planning and Development Department CITYMANAGER
BY: ALAN KAWAKAMI, Chief Engineering Technician
Building & Safety Services Division
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5270
KEY RESULT AREA
One Fresno
RECOMMENDATIONS
1. ADOPT the attached Resolution Approving the Final Map of Tract No. 5270 and accepting the dedicated
public uses therein.
2. AUTHORIZE the Public Works Director to execute the:
a. Subdivision Agreement.
b. Agreement to Advance Consideration of Final Map for Tract No. 5270.
c. Statement of Covenants Affecting Land Development for Off-Site Private Street Facilities.
3. 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, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Corporation, has filed
for approval, the Final Map of Tract No. 5270. The project, a final map of Phase 2 of Vesting Tentative Map
No. 5205/UGM for a gated 54-lot single-family residential planned unit development subdivision with 3-outlots
for common area (private roads and open space) purposes on 23.2 acres, is located north of East Copper
Avenue and east of the North Maple 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 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.
KEY OBJECTIVE BALANCE
Council action regarding this final map optimizes the three Key Objectives of Customer Satisfaction,
Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely
deliverance of the technical review , processing and filing of the final map as is reasonably expected by the
customer (subdivider/developer). Prudent financial management is demonstrated by the expeditious
completion of this final map inasmuch as the customer has paid to the City a fee for the processing of this
REPORT TO THE CITY COUNCIL
Final Map of Tract.No. 5270
Page 2
Final map and that fee is, in turn, funding the operations of the Planning and Development Department.
Employee satisfaction is derived from the fact that the staff, who have reviewed and made a
recommendation on this final map, have done so in a thorough and professional manner, thereby
enhancing the sense of accomplishment in the completion of the final map process.
PROJECT INFORMATION
PROJECT The Final Map of Tract No. 5270 Phase 2 of Vesting Tentative Map
No. 5205/UGM), a gated 54-lot single-family residential planned unit
development subdivision with 3-outlots for common area (private streets)
purposes on 23.2 acres.
LOCATION North side of East Copper Avenue east of the North Maple Avenue alignment.
(Council District 6, Council Member Duncan)
SUBDIVIDER COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability
Company
LYLES DIVERSIFIED, INC, Gerald V. Lyles, Vice President
GLENEAGLES HOMES, Gary L. McDonald, Chairman
LAND USE & ZONING Medium density residential; R-1/UGM (single-family residential / Urban Growth
Management) zoning is effective.
PLAN CONSISTENCY The project is consistent with the medium density residential planned land use
designation of the Woodward Park Community Plan.
COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and local
SUBDIVISION MAP ACT subdivision ordinances applicable to the conditions of approval of Vesting
AND LOCAL Tentative Map No. 5205/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 November 3, 2004 approved Vesting
Tentative Map No. 5205 (Tentative Map) and Conditional Use Permit No. C-04-153 (CUP) for an 829-lot
single-family planned development and planned unit development subdivision, that will be developed in 8
single-family villages with 45 outlots for multiple family residential development, open space, and
commercial development. The CUP establishes modified property development standards with respect to
lot sizes and yard requirements for the single family lots and provides a mechanism to establish the project
design theme and to construct and maintain community features such as trails and landscaped areas, the
provision of public utilites and service systems, the performance of environmental mitigation measures and
implementation of UGM service delivery requirements. Additionally, the CUP provides notice that project
objectives (such as promoting the use of neighborhood electric vehicles) or changing conditions during the
time period of the project's multi-phased implementation may necessitate the reallocation or shifting of
residential densities, introduction of mixed-use development concepts (residential, office, commercial
REPORT TO THE CITY COUNCIL
Final Map of Tract.No. 5270
Page 3
integrated within a single site), modification of vehicle parking requirements for commercial uses, and use
of innovative street designs.
Conditional Use Permit No. C-05-118 dated November 15, 2005 was approved to permit a gated planned
development community with private roads building height of 40-feet within Phase 2 (T-5270). The
approval of Vesting Tentative Map No.5205/UGM remains effective until November 3, 2006.
Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision
Agreement and has posted securities in the amount of$156,000 for performance and $78,000 for labor and
materials to guarantee the installation of the required public improvements. The Subdivider has paid cash
in the amount of$442,804.07 for applicable fees (including special mitigation measures) and has entered
into a covenant to defer the payment of certain sewer connection charges, water connection charges,
Urban Growth Management fees and the special Copper river Ranch Area impact fees in the amount of
$595,259.39 to the time of issuance of Certificate of Occupancy and the agreement to advance
consideration. The subdivision documents, securities and resolutions have been reviewed and approved by
the City Attorney's office.
Special Mitigation Measures. Not withstanding the normal and regular, and special Copper River Ranch
area impact fees, in order to comply with Section 90.0 Transportation and Circulation of the Mitigated
Negative Declaration (MND) prepared for Environmental Assessment Number C-04-153, T-5205 dated
September 29, 2004 the developer shall: a) Pay to the City a cash-in-lieu mitigation fee of$147,492 for the
developer's fair share proportionate cost of off-site street improvements within the City's jurisdiction, and b)
Pay to the City the amount of$20,155 for the developer's fair share proportionate cost of off-site street
improvements outside the City's jurisdiction for the purposes of providing funding for those improvements
identified in the MND.
Special Copper River Ranch Area Impact Fees. To mitigate the project's impact on the public
infrastructure, the Subdivider has pursued the preparation of a report (Fee Study for Copper River, Fresno,
California, May 25, 2004) to identify the needed capital facilities, cost and impact fees to provide for
financing of portions of the needed infrastructure. On June 14, 2005, the Council approved the initiation
and establishment of UGM and other impact fees for the Copper River Ranch area and directed the
development of the necessary ordinances and other documents. The ordinances and other documents
required to establish such fees have not yet been developed. To facilitate the timely processing of the final
map in advance of the development of such fee ordinances and documents, the Subdivider is agreeing to
pay the pending fees which will be deferred in the same manner as other existing deferrable impact fees
and shall be due at time of occupancy for the Phase 2 subdivision lots. This voluntary payment is made
with the understanding that upon Council's adoption of the enabling fee ordinances and documents, that
such provisions will be applied to the fees voluntarily paid in advance.
CALTRANS Fee. The Subdivider has made a partial payment to CALTRANS, in the amount of $9,516.96
($176.24/residential unit) for an agreed to mitigation for T-5270's impact to State Route 41/Friant Road
interchange.
The agreed to mitigation cost by the developer and CALTRANS for Tentative Map 5205's (Copper River
Ranch project) impact to State Route 41/Friant Road interchange is $700,000 ($500,000 for residential
REPORT TO THE CITY COUNCIL
Final Map of Tract.No. 5270
Page 4
mitigation, $200,000 for non-residential mitigation). To date, a total of $33,132.96 has been paid for the
following residential projects:
Phase 1 (Tract No. 5205, 134 units) .. $23,616.00
Phase 2 (Tract No. 5270, 54 units) .. $ 9,516.96
The balance of the agreed to mitigation cost will be paid as future final map phases and non-residential
development are developed pursuant to Tentative Map 5205.
Community Facilities District: A condition of approval of the tentative map is to install and maintain the
landscaping, irrigation systems, multi-purpose trails, park within the subdivision and public improvements
within the limits of the tentative map to the centerline of Friant Road, Willow and Copper Avenues. The
Subdivider has elected to satisfy the maintenance requirement by annexing the subdivision into the City's
Community Facility District No. 12 (CFD-12). The formation of CFD-12 is proceeding but not yet
completed. The subdivider has requested the City to approve the Final Map in advance of such formation
and annexation of this final map into such CFD-12 and has agreed to not to sell any lots until such time as
the annexation to CFD-12 is complete.
In addition to the CFD-12, a homeowners' association will maintain the private facilities within the
boundaries of the final map.
Copper River Ranch Treatment Facility: A condition of approval provides for the connection to the City
sewer system of 500 equivalent dwelling units (EDU) for developments of said Tentative Map and any
amendments thereto including other tentative maps filed within the original area of said Tentative Map.
Additionally, the Developer is required to design and construct an on-site tertiary wastewater treatment
facility (Copper River ranch treatment facility) acceptable to the City, for which construction shall be
completed prior to construction of the 501" EDU from developments of said Tentative Map. Once
constructed, all flow from development approved pursuant to said Tentative Map shall be directed to the
Copper River Ranch treatment facility. The City will accommodate permanent sludge discharged from said
Copper River Ranch treatment facility to the City sewer system.
To date, a total of 188 EDU connections have been approved for the following:
Phase 1 (Tract No. 5205) .. 134 EDU
Phase 2 (Tract No. 5270) .. 54 EDU.
Street Improvements: All interior roads within the subdivision are private and are to be maintained by a
homeowners association. Accesses to public streets will be to East Club House Avenue to the north and to
the south, over a private road which intersects the traffic circle at North Maple and East Riverbank
Avenues.
Attachments: Vicinity Map
Vesting Tentative Map No. 5205
Final Map of Tract No. 5270
Resolution Approving the Final Map of Tract No. 5270
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LEGEND
Subject Property U.G.M.Area
VICINITY 31AP PLANNING 8. DEVELOPMENT
DEPARTMENT
CONDITIONAL USE PERMIT NO. C-04-153
VESTING TENTATIVE TRACT MAP NO. T-5205/UGM W C A.P.N.: 579-070-02,Q, 07.18.82.94
ZONE MAP: 1352
North of Copper Ave., East of Friant Rd. NOT TO SCALE BY/DATE: J.S. / 10-8-04
AREA 1N
OUTLOT USE SQ FT ZONE
A PUeuc FACILITY-WELL 47E 12,000 R-3EADGI
B MQL SITE 72,000 R-2EA000
C WEL.STE 11,970 R-2EAUGf
0 WELL SITE 13.644 R-2EAUGM E UNE
E OPEN SPACE-PUBLIC PARK 113,519 O-UCw SEC. 11-12-20E. LINE
F OPEN SPACE-LANDSCAPE!PEDESTRIAN TRAIL 6.143 R-IU01
GFUTURE COMMERCAL 60.60S C-5000EA
N OPEN SPACE-LANDSCAPE 22,652 R-lUG1
I OPEN SPACE-LANDSCAPE 5.917 R-1 L1GM N.UNE
J OPEN SPACE-LANDSCAPE 15.457 R-IU(:M
K OPEN SPACE-LANDSCAPE 13,673 R-1UG1 SEC. 12-12-20 OLRLOT C
L OPEN SPACE-NNREMFD41M DDISTY RESIDENTIAL 5414.594 R-2ucw SIRE
M OPEN SPACE-FUTURE MGI DENSITY RESIDENTIAL 961,065 R-3EAUGY
LL
N OPEN SPACE-FUTURE MEDIUM DENSITY RESIDENTIAL 513,611 R-XAUGL
O OPEN SPACE-FUTURE COMMERCIAL 43,734 C-IUCM(..)
P OPEN SPACE-FUTURE MMUM DENSITY RESDENTIAL 74C•731 R-2EAUCM
0 OPEN SPACE- FUTURE PLANNED UNIT DEVELOPMENT 71x310 R-IUGL OUTLOT K
R OPEN SPACE-LANDSCAPE 3.026 R-1UCM
S OPEN SPACE-LANDSCAPE,FLOOD CONTROL BREAKOVER CHANNEL 5.401 R-IUCL
T OPEN SPACE-LANDSCAPE,PEDESTRIAN TRAIL FLOOD CCNTROL BREAKOVER 5.635 R-IUG1
U OPEN SPACE-LANDSCAPE,FLOOD CONTROL BREAKOVEA CHANNEL 3.762 R-IUCM
V OPEN SPACE-LANDSCAPE 4,719 R-1UCM
W OPEN SPACE-LANOSCAPE 3.306 R-IUCM
AA PRIVATE ROAD 52.056 R-IUG1
B6 PRIVATE ROAD 132.546 R-IUG1 ,(
CC PRIVATE ROAD 146,451 R-IUGM �� /�'\j
W PRIVATE ROAD 16,530 R-1LN:11 SECTION UNE J rh)!)
..— --�O�—R I ATE ROAD
Uc-FAGUT'h--PARK-t-RIDE— 16.771--R-lUCId P�01n9)
FF FUTURE COMMERCIAL 91.158 C-IEAUGL(p..tlhq)
GC WASTE WATER TREATMENT FACILITY 143.623 AE-SUCH r
NM
FUTURE COMMERCIAL 492,367 C-2UG1
E FUTURE COMMERCIAL 106.626 C-TUru
I3 FUTURE COMACE-RL AL 7,455611.432 C-lu GL f ��
00 OPEN SPACE-LANDSCAPE 11.95 R-1UGL
RR OPEN SPACE-LANDSCAPE 11,957 R-lUG1
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5270 AND
ACCEPTING DEDICATED PUBLIC USES THEREIN.
WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability
Company, has offered for approval a Final Map designated as Tract No. 5270 ("map"), pursuant to
approved Vesting Tentative Map No. 5205 ("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 664.92 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.
Resolution Approving
Final Map of Tract No. 5270
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
Final Map of Tract No. 5270
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
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
REBECCA E. KLISCH, CMC
CITY CLERK
By:
Deputy
APPROVED AS TO FORM.-
JAMES
ORM:JAMES C. SANCHEZ
Interim City Attorney
B
ky.4Deputy