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Home My WebLink AboutT-5341 - Report - 6/29/2016 OF FR 2600 Fresno Street Fsy City of Fresno Fresno,CA 93721 Q www.fresno.gov RATE° Legislation Details (With Text) File#: ID16-759 Version: 1 Name: Type: Action Item Status: Agenda Ready File created: 6/14/2016 In control: City Council On agenda: 6/30/2016 Final action: Title: RESOLUTION -Approving the Final Map of Tract No. 5341 and accepting dedicated public uses offered therein -south side of E. Clinton Avenue between N. Locan Avenue and N. Temperance Avenue (Council District 4) Sponsors: Public Works Department Indexes: Code sections: Attachments: 1. Resolution -Tract No. 5341.pdf, 2. Final Map of Tract No. 5341.pdf Date Ver. Action By Action Result REPORT TO THE CITY COUNCIL June 30, 2016 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY: JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION - Approving the Final Map of Tract No. 5341 and accepting dedicated public uses offered therein - south side of E. Clinton Avenue between N. Locan Avenue and N. Temperance Avenue (Council District 4) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 5341 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. City of Fresno Page 1 of 3 Printed on 6/29/2016 ;r,.erei b; Legic'ar' File#: ID16-759, Version: 1 EXECUTIVE SUMMARY The Subdivider, UCP Meadowood III, LLC, a Delaware Limited Liability Company, by UCP, LLC, a Delaware Limited Liability Company, its Sole Member (James E. Jimison, Division President, Central Valley Division), has filed for approval, the Final Map of Tract No. 5341, Phase 1 of Vesting Tentative Map No. 5341, for a 161-lot single-family residential subdivision with one outlot for park purposes and one outlot for pedestrian, bicycle, landscaping and recreational purposes, located on the south side of East Clinton Avenue between North Locan Avenue and North Temperance Avenue on 40.64 acres. BACKGROUND The Fresno City Planning Commission on May 16, 2007 adopted Resolution No. 12686 approving Vesting Tentative Map No. 5341 (Tentative Map) for a 264-lot single-family residential subdivision on 58 net acres at an overall density of 4.5 dwelling units per acre. The Development and Resource Management Department on December 18, 2015 approved revisions to Vesting Tentative Map No. 5341 reducing the number of lots to 161 with one outlot for park, pedestrian, bicycle, landscaping and recreational purposes and one outlot for a future Clovis Unified School District campus. The Tentative Map was approved consistent with the Fresno General Plan and the McLane Community Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No. 5341 will expire on May 16, 2018. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 5341, submitted securities in the total amount of $8,494,000.00 to guarantee the completion and acceptance of the public improvements and $4,247,000.00 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $454,028.89. Covenants have been executed to defer eligible development impact fees totaling $307,555.64 to the time of issuance of building permit and final occupancy of each unit and for annual CFD-11 assessment notification, maintenance of landscape improvements for certain lots, for irrevocable offer of dedication for North Hornet Avenue, for deferring payment of the Fowler interim fee surety to the time of occupancy and for acknowledgement of right-to-farm law. The City Attorney's Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. Addendum to Subdivision Agreement for Acquisitions of Street Easements. The conditions of approval of the Tentative Map imposed the requirement to improve six parcels along East Clinton Avenue. The Subdivider has been unable to acquire and/or facilitate the dedication of such easements to the City prior to the date the Final Maps are approved by Council. 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 its 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 $250,000.00 for the estimated acquisitions and legal costs. In accordance with the addendum for right-of-way acquisition, the City will be proceeding with the acquisition process and scheduling a separate council agenda item to appropriate the necessary funds, after Council's approval of the Final Map. City of Fresno Page 2 of 3 Printed on 6/29/2016 File#: ID16-759, Version: 1 MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain all landscaping, trees, irrigation systems and ground level infrastructure located within the street rights- of-way, landscape easements and Outlots A and B which are officially dedicated for public use. Such facilities include, without limitation, concrete curbs and gutters, valley gutters, entrance median curbs and hardscaping, curb ramps and sidewalks, street name signage, street lighting, local street paving, Outlots A and B amenities and hardscaping, such as benches, picnic tables, trash receptacles, BBQs, hot coal bins, and concrete walks and pads, and the traffic circle and islands at the intersection of Locan and Clinton within the Final Map in accordance with the adopted standards of the City. The traffic circle and islands are not required to be constructed at this time but are included in the maintenance district to ensure proper maintenance when constructed in the future. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City's Community Facilities District No. 11 (CFD-11) on June 9, 2016. The Subdivider has executed the covenant for Maintenance of Certain Improvements 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 $718.79 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 4. There will be no impact to the City's General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations of the Public Works Department. Attachments: -Resolution -Final Map of Tract No. 5341 City of Fresno Page 3 of 3 Printed on 6/29/2016 1ioriered by Leyslar RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO. 5341, ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IMPROVEMENTS WHEREAS, UCP Meadowood III, LLC, a Delaware Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5341, Phase 1 ("map"), pursuant to approved Vesting Tentative Map No. 5341 ("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, 1 of 3 Date Adopted: Date Approved: Effective Date: Resolution No. City Attorney Approval: 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. 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. 2. That the map is hereby approved and any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the map are hereby accepted, unless it is stated on the Final Map that said dedications are subject to City acceptance of Developer installed improvements, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2of3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2016. 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