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HomeMy WebLinkAboutT-5396 - Report - 8/2/2005 City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. J� COUNCIL MEETING 1, A4f O6 June 14, 2005 APPROVED 8Y DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department cITYMANACER BY: RICK SOMMERVILLE, Supervising E neeTechnician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5396 RECOMMENDATIONS Subject to the Council annexing Tract No. 5396 into Community Facilities District No. 2, staff recommends the Council- 1. ouncil1. ADOPT the attached Resolutions: a. Approving the Final Map of Tract No. 5396 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 Fire Chief to execute the: a. Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained. 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 Acknowledging Right-To-Farm Law EXECUTIVE SUMMARY The Subdivider, GRANTLAND AVENUE LLC, a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5396. The project, a Final Map for Phase 3 of Vesting Tentative Map No. 5247/UGM, is a 47-lot single-family residential subdivision on 11 acres, is located on the west side North Bryan Avenue between West Bullard and West Barstow 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 West Area 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. 5396, a 47-lot single-family residential subdivision on 11 acres. c_, ,, LOCATION Westside of North Bryan Avenue between West Bullard and West Barstow Avenues (Council District 2, Council member Calhoun) REPORT TO THE CITY COUNCIL Final Map of Tract No. 5247 June 7, 2005 Page 2 SUBDIVIDER Grantland Avenue LLC, a California Limited Liability Company Farid Assemi, President LAND USE & ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management Area)zoning is in effect pursuant to Rezoning Application R-03-83. PLAN CONSISTENCY The project is consistent with the medium-low density residential land use designation of the West Area 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 Vesting AND LOCAL Tentative Map No. 5247; the completion of all public improvement requirements ORDINANCES have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on June 2, 2004, adopted Resolution No. 12027,conditionally approving Vesting Tentative Map No.5247/UGM(Tentative Map)for a 417-lot single-family residential subdivision with 2-outlots, to be developed at an overall density of 4.0 units/acre. The project is consistent with the medium-low density designation of the West Area Community Plan. A Conditional Use Permit Application No. C-04-42 was approved in accordance with the provisions of FMC § 12-405-A-2 to provide for a residential planned development which will allow the subdivision to be developed with design modifications including decorative street lighting and paving, reduced lot widths and areas for approximately 67-lots and reduced front yard setbacks on selected lots to facilitate the use of side entrance garages and other alternative building designs. The project remains consistent with the medium-low density plan designation of the West Area Community Plan. The approval of the Tentative Map remains effective until June 2, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of $388,000 for performance and $194,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$70,150.44 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 $118,387.81 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into Covenants for Landscape Maintenance, Fire Protection and Acknowledging Right-to-Farm Law. The subdivision documents, securities, and resolutions 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 along North Bryan Avenue and areas within the tract, and the maintenance of decorative street lights, walkway lights, gates, entry pilasters and stamped concrete paving. 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 June 7, 2005. The Subdivider has executed the covenant for Landscape Maintenance and as a condition of the Subdivision Agreement, should annexation to CFD-2 occur, the subdivider 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 $1,086 per lot. _ t REPORT TO THE CITY COUNCIL Final Map of Tract No. 5247 June 7, 2005 Page 3 Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 54-foot width 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. 5247 Final Map of Tract No. 5396 Resolution Approving the Final Map of Tract No. 5396 r • +� M-•ItG.14 r h 7"A-1 l - V LEGEND PLAN AMENDMENT `�`�`., PLAN AMENDMENT REZONE APPLICATION *^+�+REZONE APPLICATION NO.A-03-021 NO_A-03 021 NO..R-03-083 sNO.R-03-083 ..� c. e� From Neigh.Commercial �� �.� From School/Resid. From R-R(County) From AE-5/UGM to Med, Density Resid. to.Community Comm. to R•1/UGM to R-1/UGM REZONE APPLICATION NO.R-03-083. From R-R(County) to C-1/UGM VICINITY PLAINT"NG & DEVELOPMENT PLAN AMENDMENT NO.A-03-021 N DEPARiT111ENT From School/Resid.&Neigh.Commercial 504-080-18,63,64; to Med.Density Res.&Neigh.Commercial i tFr A.P.N-:-OS-CL7-0--03S.IA;17,27.28,29,30 REZONE APPLICATION NO. R-03-083 w -' ' E ZONE MAP:1843 From R-R(County)&AE-5/UGM to C-1/UGM&'R-11UGM '`� `�' _ East of Grantfand btwn Fwy 99 & Barstow NOT TO SCALEBYIDATE: � E civ G . a iE 0 �GG�g Blc I �� ' €a§ ' 0 U O day o tl ' kv i� g1 jrg l. f1B1A9Q I Ea a. la n� ;L _'�1II nen/c-� zq/nan/1-a \ \m,.b\ -\ I• i 3nMl.Y - aYAW alaON r _ _ � _ _ y _w ss� _� .TVG • n a e 101110 . .a.-Px a x� =I�z�P=G _ _ s,. a .d.•� r I_ ^.t ..a `�f a 'a ,, �--�av - °• :� _e whoa w ~° A _ 1� y4 J'4at- Bh BO 8 A ! .'1 R' .I�I• Q �i� l3rPTW. la ^'x,.Y - I —/¢ p a • __ F =tom 1 •', / s ° LLL �r• Lam= 7Txrod �< Y� I'�� t. •/s B. .. s r Ie a i �" & R it �' �.. 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WHEREAS, GRANTLAND AVENUE LLC,a California Limited Liability Company as subdivider, has offered for approval a Final Map designated as Tract No. 5396("map"), pursuant to approved Vesting Tentative Map No. 5247 ("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 placed into escrow, signed deeds in a form acceptable to the City Engineer, for easements 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. �4dcPtcd x �0 5 -zrs Resolution Approving the Final Map of Tract No. 5396 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. 5396 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 14th day of June , 2005. AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSENT: None ABSTAIN: None REBECCA E. KL4SCH,'CMC City Clerk APPROVED AS TO FORM: HILDA CANTO MONTOY By: Deputy