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HomeMy WebLinkAboutT-5471 - Report - 10/28/2008 City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING October 7, 2008 APPROVED BY DEPARTMENT DIRE FROM: KEITH BERGTHOLD, Interim Director Planning and Development Department CITY MANAGER DARRELL UNRUH, Planning Manager Planning Division BY: ALAN KAWAKAMI, Chief Engineering Technician Land Division and Engineering SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5471 KEY RESULT AREA One Fresno RECOMMENDATIONS Subject to the Council annexing the Final Map of Tract No. 5471 into Community Facilities District No. 11, staff recommends the Council: 1. ADOPT the attached Resolution: a. Approving the Final Map of Tract No. 5471 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 Maintenance of Certain Improvements. c. Statement of Covenants Affecting Land Development Temporary On-Site Storm Drainage Facilities. 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. EXECUTIVE SUMMARY The Subdivider, Copper North Properties, LLC, a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5471. The project, a Final Map of Vesting Tentative Map No. 5471/UGM, a 14 lot single-family residential subdivision on 5 acres, is located on the east side of North Chestnut Avenue between East Copper and East International 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 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. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5471 Page 2 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. Prudent financial management is demonstrated by the expeditious completion of this final map in as much 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. PROJECT INFORMATION PROJECT The Final Map of Tract No. 5471, pursuant to Vesting Tentative Map No. 5471/UGM, a 14 lot single-family residential subdivision on 5 acres. LOCATION East side of North Chestnut Avenue, between East Copper and East International Avenues. (Council District 6, Council Member Duncan) SUBDIVIDER Copper North Properties, LLC, a California Limited Liability Company Philip R. Parley, President LAND USE & ZONING Medium-Low density residential; R-1/UGM (single-family residential/Urban Growth Management Area) is effective pursuant to Rezone Application No. R-05-10. PLAN CONSISTENCY The project is consistent with the Medium-Low density residential land use designation of the Woodward Park Area Community Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and local SUBDIVISION MAP subdivision ordinances applicable to the conditions of approval of Vesting ACT AND LOCAL Tentative Map No. 5471/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 5, 2005 adopted Resolution No. 12323 approving Vesting Tentative Map No. 5471 for a 15 lot single-family residential subdivision, at an overall density of 3 units per acre. The Director of the Planning and Development Department on May 22, 2007, approved Revised Vesting Tentative Map No. 5471 to decrease the number of lots from 15 to 14 due to the Subdivider's request to provide more evenly sized lots on East Sarazen Avenue. The approval of Vesting Tentative Map No. 5471 expired on October 5, 2007. However the Final Map was timely filed for processing prior to the October 5, 2007 expiration date of the approved Vesting Tentative Map and pursuant to Section 66452.6(d) of the Subdivision Map Act, may be processed to approval and recording. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5471 Page 3 Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$356,000 for performance and $178,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$66,879.03 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 $72,709.61 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenants providing for Maintenance of Certain Improvements, Temporary On-Site Drainage Facilities and Special Solid Waste Disposal Services. 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 systems within street right-of-ways, landscape easements, and features within and adjacent to the Final Map along North Chestnut Avenue between East Copper and East International Avenues in accordance with the adopted standards of the City. The Subdivider has elected to satisfy the maintenance requirement by annexing the subdivision into the City's Community Facility District No. 11 (CFD-11). This condition will be satisfied with the anticipated annexation of the subdivision into CFD-11 which the Council is scheduled to act on October 7, 2008 prior to the Council acting on this final map item. Should the Council not approve the annexation of this subdivision into CFD-11, the Council must delay action on this final map. 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 accordancewith the provision of Section 53341.5 of the California Government Code. The maximum annual assessment is $562.00 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 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. 5471/UGM Final Map of Tract No. 5471 Resolution Approving the Final Map of Tract No. 5471 COP ER z U) w x U X10:, i , ¢: AftAZEN ,g. County LEGEND © Subject Property U.G.M.Area VICINITY MAP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5471/UGM " DEPARTMENT REZONE APPLICATION NO. R-05-010 A.P.N.: 578-010-18S From AL-20(County)to R-1/UGM " e ZONE MAP: 1353 Northeast comer, Sarazen and Chestnut Aves. ,,,,TT„craI r- BY/DATE: J.S. / 5-3-05 r" rl nlAwlw-im.wla-rnn�.•s.v sn:/w, ,,.wn.W ro. — i - I � f''"`cif� �•. i � I� I q 666 •, - ,M a Y P � m ggg � ------------- Z4 I I � � I XJ � -- -- ti yam} i �•; I it r..t'�: 01-11 O n y� < I Jill R kill o pyo y itit NOR n n AIR 4 ,a W AA 1,15 V F F ,1 F � It Rik AllK 06MN.IIC q R! � a R 11 11 ':1 R � R g ry �l 11 � �� �ll R 'R -1 fil cl R 21 Ifif N'q a 1 1 1 Ili i Nij �`R€ SRR 4Rgx 0 � $ M S : R �5sR. RR q a � € � �R � i e Irl �o c m ARItS y off � R Y Y k 8 8 og Za a NORTH CHESTNUT AVENUE mrss'.or ,.vQa•I-W"6'ar 11784WCFgwkas '- "� —� �11J' Dov,a'z7 Q_ _.mvl•(.ay.al%1145%l — - �+•/ x+?�sasCar a v �$ y X �i� 74 jcs � ' a � F m CoQ �pqE I y�o� n r _ " ''6•• � _Fo X n {I yet slq is Jmer�nar surom �. - n <ARTW'](W S)d65')> Y00,79215461'/A#40'X1T 15).DJ' o � t7g�^��� �I \ SCOOI J➢L 1!)39"(AApJ`NL1l11JJ / � � � -v�� O SCHOOL O91R,ICI IXOKM M 1Ml-0/AIIJ ��»SS �� 1 tin *w n Ain .n m Lp� z1 n ! a� as a- a i :ja ��- € x sos6'ww91/.N' B - xo56wr aver ,� �. •m56.ot ram' smse.o-.a6,sr NORTH CHESTNUT AVENUE 7�7® \ fs nros6'wt Irnar 2 224 nms6'wTl)STY ® � ti m ® x r $ 'lr rw �rirac n Gv /1Ni3.rw m,706U 975' �yONS/1Vma w§e k m cro 41 gp cm C b A I,^ a �;pAo S H m 1A<v 3tr.ar,.174TIl——11Z f�Qc � nvrlrJ9x re66e' � � � �j M,'N 15Y IX.' R 1 ~ LSH i m I I � MTJrJIM IJ61!' �.n M'VDl:H1 16659" l S � /KQOr Y 19JOS' ` ee ,VYwI19115S6I' - ,t gg C gm �S iC33 3333 Fad G�a � pY 'an �� < n� RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5471 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS,Copper North Properties, LLC,ACalifornia Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5471, ("map"), pursuant to approved Vesting Tentative Map No. 5471/UGM ("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. Resolution Approving the Final Map of Tract No. 5471 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, unless it is stated on the Final Map that said dedications are subject to City acceptance of Developers installed improvements, 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. 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 2008. AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC CITY CLERK By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: (�Wl— 7DC reJohn W. Fox Deputy City Attorney Date: z C::�rx/ K:\Maps\Final Maps\Active\T-5471\5471 Map Docs\FM 5471 Staff Report 1 07-11-09.wpd