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Home My WebLink AboutT-5300 - Report - 7/26/2006 i cuy of FFtM4jREPORT TO THE CITY COUNCIL AGENDA ITEM NO. 1 4:a0am COUNCIL MEETING 7//e/0 ,�. July 18, 2006 APPROVED BY DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department CITYMANAGER . BY: RICK SOMMERVILLE, Supervising Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF RACT NO. 305 0 KEY RESULT AREA One Fresno RECOMMENDATIONS Subject to the Council annexing Tract No. 5300 into Community Facilities District No. 2, staff recommends the Council: 1. ADOPT the attached Resolution: a. Approving the Final Map of Tract No. 5300 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision Agreement with Addendum for Right-of-Way Acquisition. b. Statement of Covenants Affecting Land Development for Temporary Off-site Storm Drainage Facility. c. 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. b. Statement of Covenants Affecting Land Development for the Restriction of Single Story Homes for Certain Lots. EXECUTIVE SUMMARY The Subdivider, Grove Partners, LLC, a California Limited Liability Company has filed for approval, the Final Map of Tract No. 5300. The project, a Final Map of Phase 1 of Vesting Tentative Map No. 5300/UGM, a 62 lot single-family residential subdivision on 15.5 acres, is located on the northeast corner of West Clinton and North Polk 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 West Area 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. 01 REPORT TO THE CITY COUNCIL Final Map of Tract No. 5300 July 18, 2006 Page 3 Tentative Map and the City's Urban Growth Management Policy relative to major street extensions imposed the requirement to improve a portion of West Clinton Avenue beyond the limits of the subdivision for street transition. The Subdivider has been unable to acquire and/or facilitate the dedication of such easements to the City prior to the date the Final Map will be presented to the City Council for action. To satisfy such easement requirements, the Subdivider has executed the Subdivision Agreement with an addendum that provides for the City to negotiate and/or exercise it's power of eminent domain, to acquire the necessary rights of way easements and requires the Subdivider to post an initial deposit in the amount of $50,000 for the estimated acquisitions and legal costs. In advance of the Council's action on this final map, the Council on June 6, 2006 approved the 83`d Amendment to the Annual Appropriation Resolution No. 2005-286 to appropriate $50,000 in Subdivider contributions for such acquisition purposes. The subdivision documents,securities and resolutions have been reviewed and approved by the City Attorney's office. Maintenance District: A condition of approval of the Tentative Map is to install and maintain the landscaping and irrigation system within the landscape easements along North Clinton and North Polk Avenues. 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 will be satisfied with the anticipated annexation of this subdivision into CFD-2 which the Council is scheduled to act on July 18, 2006 prior to the Council acting on this final map item. Should the Council not approve the annexation of this subdivision into CFD-2, the Council must delay action on this final map. 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 maximum annual assessment is $309.00 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 68-foot standards 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. 5300 Final Map of Tract No. 5300 Resolution Approving the Final Map of Tract No. 5300 3ndanr ha+a0a HLtlON M w q < a a z UJ /� 0- ( ¢q . 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RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5300 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, Grove Partners, LLC, a California Limited Liability Company, have offered for approval a Final Map designated as Tract No. 5300, ("map"), pursuant to approved Vesting Tentative Map No. 5300 ("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 have provided funds for the acquisition of property not otherwise offered for dedication on such map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. Resolution Approving the Final Map of Tract No. 5300 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 , 2006. AYES: NOES: ABSENT: ABSTAIN: . REBECCA E. KLISCH, CMC CITY CLERK By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy K:\Louisr\FT 5300\FM5300 Staff Report 06-23-07.wpd