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HomeMy WebLinkAboutT-5555 - Report - 11/20/2006 City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING November 28, 2006 APPROVED BY DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: RICK SOMMERVILLE, Supervising E�n�giineng Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5555 KEY RESULT AREA One Fresno RECOMMENDATIONS 1. ADOPT the attached Resolution: a. Approving the Final Map of Tract No. 5555 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 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 Buyer Notification of Noise Levels and Hold Harmless. EXECUTIVE SUMMARY The Subdivider, Grove Partners III, LLC,A California Limited Liability Company, has filed for approval,the Final Map of Tract No. 5555, of Vesting Tentative Map No. 5555 pursuant to Conditional Use Permit No. C-05-269. The project, a Final Map of Vesting Tentative Map No. 5555/UGM,a 35 lot single-family residential subdivision on 9.98 acres, is located on the northeast corner of West Herndon Avenue frontage and North Santa Fe Avenue. 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 Bullard 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. 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. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5555 November 28, 2006 Page 2 PROJECT INFORMATION PROJECT The project, a Final Map of Vesting Tentative Map No. 5555/UGM, a 35 lot single-family residential subdivision on 9.98 acres . LOCATION Northeast corner of West Herndon Avenue frontage and North Santa Fe Avenue. (Council District 2, Council Member Calhoun) SUBDIVIDER Grove Partners III, INC., A Limited Liability Company Robert L. Wood, 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-05-48. PLAN CONSISTENCY The project is consistent with the Medium low density residential land use designation of the Bullard 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. 5555/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 November 30, 2005 adopted Resolution No. 12365 approving Vesting Tentative Map No. 5555 and Conditional Use Permit No. C-05-269 for a 35 lot single-family residential subdivision, at an overall density of 3.5 units per acre. The approval of the Vesting Tentative Map remains in effect until November 30, 2007 Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$570,000 for performance and $285,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$103,597.55 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$143,177.61 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenants providing for Landscape Maintenance, Buyer Notification of Noise Levels and Hold Harmless and Fee Deferral. 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 West Herndon Avenue frontage and North Santa Fe Avenue within the Subject Subdivision 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) on July 18, 2006. 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$394.00 per lot with an annual 3%adjustment plus the increase., if any, in the construction cost index for the San Francisco Region. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5555 November 28, 2006 Page 3 Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 54-foot standards and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. Vacation of Public Easements:: The proposed subdivision requires the vacation of an existing sewer lift station easement within the limits of the tract. Pursuant to Environmental Assessment No. EA-06-02, the vacation has been determined to be categorically exempt from review under the provisions of Section 15301(c)/Class 1 of the California Environmental Quality Act(CEQA)Guidelines and exempt from review under the National Environmental Policy Act (NEPA). All requirements set forth in the Public Works Department's feasibility study for the proposed vacation have been satisfied and upon approval and recording of the final map, such easements will be deemed to be abandoned pursuant to the provisions of Section 66499.20%2 of the Subdivision Map Act. Attachments: Vicinity Map Vesting Tentative Map No. 5555 Final Map of Tract No. 5555 Resolution Approving the Final Map of Tract No.5555 LU BIRCH LU SPRUCE SPRUCE on, "0!4 'n :3 UJfres Ry�z, SPRUCE 13 LU LU 0 LOCUST r. LOCUST m LOCUST M FIR �54 FIR X T4 HERNDON LU ZW..'f x El--5�?J�-r1n,t Z WW": W LLJ in ZrW LU LU 0 T g WARNER -0 77 iT 12 77 'A 777771 - -7 77 7'7 LEGEND Subject Property U.G.M.Area "ClNlr-NW'Tl_wv TVLAP PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5555 REZONING APPLICATION NO. R-05-048 A.P.N.: 502-300-53 W' 't e From AE-51UGM to R-11UGM ZONE MAP: 1745 1 Northeast corner, Herndon and Santa Fe Aves. 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RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5555 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, Grove Partners III, LLC, A California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5555, ("map"), pursuant to approved Vesting Tentative Map No. 5555 ("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. 5555 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. 5555 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:(::::� e Deputy