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
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VESTING TENTATIVE MAP OF TRACT NO. 5555
REZONING APPLICATION NO. R-05-048 A.P.N.: 502-300-53
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RESOLUTION NO.
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