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Home My WebLink AboutT-5271 - Report - 11/21/2006 • city of r-n \\ REPORT TO THE CITY COUNCIL AGENDA ITEM N0. COUNCIL MEETING October 17, 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. 5271 KEY RESULT AREA One Fresno RECOMMENDATIONS 1. ADOPT the attached Resolution Approving the Final Map of Tract No. 5271 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision Agreement. 3. AUTHORIZE the Planning and Development Director and the Public Works 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. 4. 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, COPPER RIVER CUSTOM LOTS, INC, a California Corporation, has filed for approval, the Final Map of Tract No. 5271. The project, a final map of Phase 3 of Vesting Tentative Map No. 5205/UGM for a 39-lot single-family residential planned development subdivision with 1-outlot for private open space purposes on 14.6 acres, is located south of East Club House Avenue east of North Copper River Avenue. 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 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. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5271 Page 2 PROJECT INFORMATION PROJECT The Final Map of Tract No. 5271 Phase 3 of Vesting Tentative Map No. 5205/UGM), a 39-lot single-family residential planned development subdivision with 1-outlot for private open space purposes on 14.6 acres. LOCATION South of East Club House Avenue east of North Copper River Avenue. (Council District 6, Council Member Duncan) SUBDIVIDER COPPER RIVER CUSTOM LOTS, INC., a California Corporation Gary McDonald, President 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 integrated within a single site), modification of vehicle parking requirements for commercial uses, and use of innovative street designs. The initial expiration date of November 3, 2006 for the approved Vesting Tentative Map No.5205/UGM has been extended, based on the recording of the final maps of T-5205 (Phase 1) and T-5270 (Phase 2), to November 3, 2012 pursuant to the provisions of Section 66452.6 of the Subdivision Map Act. This section provides that when a subdivider is required to expend $178,000 or more to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map shall extend the expiration of the tentative map by 36-months up to a maximum of 10-years from the date of approval of the tentative map. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5271 Page 3 Subdivision Agreement, Securities, Fees $ Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$891,000 for performance and $445,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$207,688.13 for applicable fees (including special mitigation measures) and has entered into covenants 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$559,834.59 to the time of issuance of Certificate of Occupancy and Providing Special Solid Waste Disposal Services for Certain Lots. The subdivision documents, securities and resolution have been reviewed and approved by the City Attorney's office. Special Mitigation Measures. Notwithstanding the normal and regular, and special Copper River Ranch area impact fees, in order to comply with Section 10.0 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 $106,552 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$14,556.13 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. PHASE OF TENTATIVE MAP 5205 a) WITHIN CITY b) WITHOUT CITY Phase 1 - Tract No. 5205 $365,998 $50,013.00 Phase 2 - Tract No. 5270 $147,492 $20,155.00 Phase 3 - Tract No. 5271 $106,552 $14,556.13 TOTAL PAID TO DATE $620,042 $84,724.13 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 3 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. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5271 Page 4 CALTRANS Fee. The Subdivider has made a partial payment to CALTRANS, in the amount of $6,873.36 ($176.24/residential unit) for an agreed to mitigation for T-5271'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 mitigation, $200,000 for non-residential mitigation). To date, the following residential projects have paid the CALTRANS fee : PHASE OF TENTATIVE MAP 5205 RESIDENTIAL UNITS CALTRANS FEE Phase 1 -Tract No. 5205 134 units $23,616.00 Phase 2 - Tract No. 5270 54 units $9,516.96 Phase 3 - Tract No. 5271 39 units $6,873.36 TOTAL PAID TO DATE 227 units $40,006.32 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 large areas of trails, open spaces, scenic street medians and buffers along with street lighting, stamped concrete paving, curbs, gutters, sidewalks, street signs, street trees and other features within the Copper River Ranch project. The Subdivider has satisfied this requirements for all final maps of Vesting Tentative Map 5205 and 5268 with the establishment of Community Facility District No. 12 (CFD-12) which the City Council approved on July 19, 2006. 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 coinpleted prior to construction of the 50151 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, the following residential project connections have been approved: PHASE OF TENTATIVE MAP 5205 EQUIVALENT DWELLING UNITS Phase 1 - Tract No. 5205 134 EDU Phase 2 - Tract No. 5270 54 EDU Phase 3 - Tract No. 5271 39 EDU TOTAL CONNECTIONS TO DATE 227 EDU REPORT TO THE CITY COUNCIL Final Map of Tract No. 5271 Page 5 Street Improvements: All interior streets are being dedicated in accordance with the 50-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. 5205 Final Map of Tract No. 5271 Resolution Approving the Final Map of Tract No. 5271 i r, MR, i COP /, rrir e LEGEND Subject Property U.aM.Area i VICINITY 31" PLANNENG 8 DEVELOPMEM M DEPARTMENT CONDITIONAL USE PERMIT NO. C-04-153 VESTING TENTATIVE TRACT MAP NO.T-5205/UGM. w _` , t A.P.N.:579-070-02.03.07.18.82.94 ZONE MAP: 1352 North of Copper Ave., East of Friant Rd. 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Wp F, sp;. . s. �° • r o Q H o 8 6 eT" " ° m ssss'gppY, eps• S kills }� ! d J i \\~; b A�f aae P � L Di•+f.LIN 16 4 �\ pp 1�J N a a\ y \ +e53 w 5 M � I \ D, LO 1IL N {Zy \�► qqc � : �,/^� t v,e�i3 A i —_ Y/- -- - — -- — — --- _ O M all Ott G A:r5 RR,1 q\ M SS88 .8 8888888888 88Tria�d� S pp s ! 7 lU �Cu�J2a�u�aBB b �yrfja ~4 k Irra vY tltie i I N +!+! py ;gyp■� R�g�� g a� I�� N �z,9� ��. �� 1 ® 0004 / dd gygy pp C10-S� i RESOLUTION NO. 2006-462 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5271 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, COPPER RIVER CUSTOM LOTS, INC, a California Corporation, has offered for approval a Final Map designated as Tract No. 5271 ("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 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. �jesoucd � — Resolution Approving Final Map of Tract No. 5271 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. f Resolution Approving Final Map of Tract No. 5271 ; I Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) 1, 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 17th day Of October, 2006 AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Dunce NOES: None ABSENT: None ABSTAIN: None i REBECCA E. KLISCH, CMC City Clerk By: APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By c - jr Deputy