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Home My WebLink AboutT-5281 - Report - 3/15/2005 F REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING March 1, 2005 APPROYEDBY DEPARTMENT DIREcrO 04 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. 5281 RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5281 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 for Interim Sewer Surety Fee. b. Statement of Covenants Affecting Land Development Providing for Special Solid Waste Service. 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 Colby Park, LLC, a Delaware Limited Liability Company, has filed for approval, the Final Map of Tract No. 5281. The project, a Final Map for Phase 3 of Vesting Tentative Map No. 5189/UGM, is a 43-lot single-family residential subdivision on 9.8 acres located on the east side of North Fowler Avenue north of East Shields 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 McLane 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. PROJECT INFORMATION PROJECT The Final Map of Tract No. 5281, a 43-lot single-family residential subdivision on 9.8 acres. LOCATION The east side of North Fowler Avenue north of East Shields Avenue. (Council District 4, Council Member Westerland) REPORT TO THE CITY COUNCIL Final Map of Tract No. 5281 Page 2 SUBDIVIDER McMillin Colby Park, LLC, a Delaware Limited Liability Company, Joseph A. Leal, Executive Vice President LAND USE&ZONING Medium density residential; R-1/UGM (single-family residential/Urban Growth Management) zoning is effective pursuant to Rezone Application R-03-054. PLAN CONSISTENCY The project is consistent with the Medium density residential land use designation of the McLane 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 AND LOCAL Tentative Map No. 5189/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 October 15, 2003 adopted Resolution No. 11909 approving Vesting Tentative Map No. 5189/UGM (Tentative Map) for a 302-lot single-family residential subdivision, to be developed at an overall density of 3.95 unitslacre. Although the McLane Community Plan designates the project site for medium density residential (4.99-10.37 units per acre), the provisions of Section 12-403-b(1) of the Fresno Municipal Code enables a lower density, provided the lower density is not less than the minimum density (2.19units/acre) of the next lowest land use designation. The project is consistent with the medium density designation of the McLane Community Plan. The approval of the Tentative Map remains effective until October 15, 2005. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $475,000 for performance and $237,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$86,268.09 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$162,258.27 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance, for Interim Sewer Surety Fee, and for Special Solid Waste Service. The subdivision documents, securities and resolution 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 landscape easements on all lots that side-onto or back-onto East Shields, North Armstrong and North Fowler Avenues and entries to certain local streets. 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 July 20, 2004. c REPORT TO THE CITY COUNCIL Final Map of Tract No. 5281 Page 3 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 $123.00 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 56-foot width standards and will be fully improved with curbs, gutters, street lighting, permanent pavement, and sidewalks on both sides of the streets. Attachments: Vicinity Map Vesting Tentative Map No. 5189/UGM Final Map of Tract No. 5281 Resolution Approving the Final Map of Tract No. 5281 JB+AK 01-10-05 -* '— E. DAKOTA AVE. Www " w � APE r AVE� t ► • N ■ rr w w r r �■ w � • r AVE, t . w M r•r � r ' A A A A t W • AV t 1 x n • � r w w • AVE.— ow VE.M zz R-I w R 2-A . ■.... �AR6 E. SHIELDS AVE AE-5-UGJ& M•f• GK-. J ' I tlNC£fON AVE ' VICINITY PLANNING & DEVELOPMENT REZONE APPLICATION NO. R-03-054 N DEPARTMENT From R-A/UGM to R-1/UGM A.P.N.: 310_020-23 VESTING TENTATIVE TRACT MAP NO.T5189/UGM w E to subdivide into 302 lots. ZONE MAP:2156 North of Shields btwn Fowler and Armstrong Aves. NOT TO SCALE BY/DATE: J.S. / 10-2-03 I_: M cr � �b _ `�i� tl s<p �t; r „ y r, .I, i s!i aa; •ti i' �i �� I.� m...wo.r. 6� i �� s!� it �si 1 � =4 �i; �t' ! • ii �s 1 ', bpi 1 ! Gil rt lil i; t; is III ,i 1 ' � ' � El '' i it � � fy y ' ■� it ! 1 I�� 1 ' { I ' 1 ' ' ' �' I lij C �L ■�/ it IF ■i All jr, 144 �. I i : �' ■ ! �; I !; �i I �' JI t ■i t RI�1 j' I Ill I II! ■ 1 I t,; it ■ �i 5 ;1 1 !I! �■� ■;F- A; 'a1 r it ii i; ■� ji Mgt I L ■i �; '�; RI'I I I �1 �Q SE � III ■i � I' k e, II ei � �s4 eL ! ! k 4 i if 1 ■ ■L 1 I� 1 a; iL si • L iL i' I I 1 f• I I L .ri I ■ � � R, of � 1 I J, t ■! �i ti j ■i y i B li ■i ■1. Rf q �f Ai '' ■f mi fig kill E1� trill r 1 RESOLUTION NO. 2005-66 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5281 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, McMillin Colby Park, LLC, a Delaware Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5281 ("map', pursuant to approved Vesting Tentative Map No. 5189("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 Cleric 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. �#do/ted Ewe" rb Resolution Approving the Final Map of Tract No. 5281 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. 5281 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, Califomia, 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 L", APPROVED AS TO FORM. HILDA CANTO MONTOY BY�r5AQ:�� Deputy