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Home My WebLink AboutT-5482 - Report - 4/2/2010 City a1 REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING March 18, 2010 APPROVED BY DEPARTMENT DIRECTOR FROM: JERRY D. BISHOP, Assistant Director CITYMANAGER ` Planning and Development Departm KEITH BERGTHOLD, Assistant Director Planning and Development Department THROUGH: KEVIN FABINO, Planning Manager , Development Services Division BY: ALAN KAWAKAMI, Chief Engineering Technician Development Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5482 RECOMMENDATIONS 1. ADOPT the attached Resolution: a. Approving the Final Map of Tract No. 5482 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 the Maintenance of Certain Improvements. c. Statement of Covenants Affecting Land Development for Temporary On-Site Storm Drainage Facilities. 3. 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 Acknowledging Right-to-Farm Law. EXECUTIVE SUMMARY The Subdivider, K. Hovnanian at Fresno, LLC, a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5482. The project, a Final Map of Vesting Tentative Map No. 54821UGM, a 79 lot single family residential subdivision with 1 outlot for pedestrian and bicycle purposes on approximately 18.32 acres, is located on the northeast corner of East Jensen Avenue and South Peach Avenue. 3 lots are to be utilized as a temporary storm drainage basin. 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 Roosevelt 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.5482 Page 2 PROJECT INFORMATION PROJECT The Final Map of Tract No. 5482, pursuant to Vesting Tentative Map No. 5482/UGM, a 79 lot single family residential subdivision with 1 outlot for pedestrian and bicycle purposes on approximately 18.32 acres. LOCATION Northeast corner of East Jensen Avenue and South Peach Avenue. (Council District 5,Council Member Dages) SUBDIVIDER K.Hovnanian at Fresno,LLC,a California Limited Liability Company Richard J.Balestreri,Senior Vice President LAND USE&ZONING Medium Low Density Residential; R-1/EA/UGM (Single Family Residential District/Expressway Area Overlay District/Urban Growth Management) is effective pursuant to Rezone Application No.R-05-12. PLAN CONSISTENCY The project is consistent with the 2025 Fresno General Plan and the Roosevelt Community Plan designation of the site for Medium Low Density Single Family Residential land uses. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and local subdivision ordinances applicable to the conditions of approval of Vesting Tentative Map No. 5482/UGM; the completion of all public improvement requirements have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on November 30, 2005 adopted Resolution No. 12373 approving Vesting Tentative Map No. 5482 for a 79 lot single family residential subdivision with 1 outlot for pedestrian and bicycle purposes at an overall density of 4.45 units per acre. The approval of Vesting Tentative Map No. 5482 expired on November 30,2007. However the Final Map was timely filed for processing prior to the November 30, 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. Open Space Requirement: Pursuant to the Roosevelt Community Plan, the subdivider is required to provide a minimum of 5% of the total project area for open space or pay an equivalent amount of funds (also known as "in-lieu" fees) to the City of Fresno. The City of Fresno has determined that the total amount of eligible open space areas provided total 0.80 acres,representing a shortfall of 0.10 acres of the required 0.90 acres. Pursuant to the provisions of the Roosevelt Community Plan,the in lieu value of the 0.10 acres is$24,364.19 which was collected and included within the Subdivision Agreement. Subdivision Agreement,Securities,Fees&Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$712,000 for performance and$356,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$3,689.00 for CALTRANS' mitigation fee and $380,610.09 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$214,373.55 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenants providing for Maintenance of Certain Improvements,Temporary Storm Drainage Facilities and Right-to-Farm. REPORT TO THE CITY COUNCIL Final Map of Tract No.5482 Page 3 The subdivision documents, securities, insurance certificates and resolution have been reviewed and approved by the Risk Management and City Attorney offices. Maintenance District: A condition of approval of the Tentative Map is to install and maintain the landscaping and irrigation system within the street rights-of-way and landscape easements along South Peach Avenue, East Jensen Avenue and East Chapman Avenue, within the path between East Jensen Avenue and East Hoxie Avenue and to install and maintain the street lights, street signs, curbs, gutters, valley gutters and sidewalks located within this map in accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the Citys Community Facility District No. 11 (CFD-11)on April 17,2007. 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 Ta>',in accordance with the provision of Section 53341.5 of the California Government Code. The maximum annual assessment is $933.92 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.5482/UGM Final Map of Tract No.5482 Resolution Approving the Final Map of Tract No.5482 BURNS 4z IF r I P'�t e '-§n?oejy��3a:a'wuw t R v �' �{i t �.�A� 5vli�'6 P2� P ai136 tisA ke.Ya� ti. h Qj t �'iP1+\ 11WYJLL 4 r ev vi �t i oitYry._.._........_.._......_..._....._..JENSEN._.._.._ t �._ ._. .._.. C DRUMMON a f J �D J-- LEGEND Subject Property M U.G.M.Area VICINITY MA-P PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO.5482/1-IGM DEPARTMENT PLAN AMENDMENT NO.A-05-005 A.P.N.: 418-050-05 From Office Comm.to Med.Density Resid. r: REZONE APPLICATION NO.R-05-012 w� ZONE MAP: 2854 From AE-5/UGM to R-1/UGM Northeast corner,Jensen and Peach Aves. 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RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO.5482 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, K. Hovnanian at Fresno, LLC, a California Limited Liability Company, has offered for approval a Final Map designated as Tract No.5482,(`map"),pursuant to approved Vesting Tentative Map No.5482/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.5482 Page 2 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. CITY'S CERTIFICATION STATE OF CALIFORNIA } COUNTY 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 2010. AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC City Clerk, City Of Fresno By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Sha n haffin Dep y ity Attorney 2 Date: w