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Home My WebLink AboutT-5571 - Report - 12/29/2015 01F F2600 Fresno Street Cit h sy y of Fresno Fresno,CA 93721 v t D www.fresno.gov r 0 0RPJ Legislation Details (With Text) File#: ID#15-1078 Version: 1 Name: Type: Action Item Status: Agenda Ready File created: 11/19/2015 In control: City Council On agenda: 12/10/2015 Final action: Title: RESOLUTION -Approving the Final Map of Tract No. 5571 and accepting dedicated public uses offered therein -east side of N. Armstrong Avenue between E. Dakota Avenue and E. Shields Avenue (Council District 4) Sponsors: Public Works Department Indexes: Code sections: Attachments: 1. Resolution -Tract No. 5571.pdf, 2. Final Map of Tract No. 5571.pdf Date Ver. Action By Action Result REPORT TO THE CITY COUNCIL December 10, 2015 FROM: SCOTT L. MOZIER, PE, Director Public Works Department TRHOUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY: JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION - Approving the Final Map of Tract No. 5571 and accepting dedicated public uses offered therein -east side of N. Armstrong Avenue between E. Dakota Avenue and E. Shields Avenue (Council District 4) RECOMMENDATION Subject to the City Council's action to approve the annexation of the proposed Final Map of Tract No. 5571 into the City's Community Facilities District which is scheduled on today's agenda, that upon such approval, staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 5571 and accepting the dedicated public uses offered therein and to authorize the Public City of Fresno Page 1 of 3 Printed on 12/9/2015 File#: ID#15-1078, Version: 1 Works Director or his designee to execute the subdivision agreement on behalf of the City. Should the Council not approve the annexation of the Final Map of Tract No. 5571 into the City's Community Facilities District, Council's action on the approval of the Final Map must be delayed. EXECUTIVE SUMMARY The Subdivider, The Patrick Vincent Ricchiuti Family Trust, (Patrick Vincent Ricchiuti, Trustee), has filed for approval, the Final Map of Tract No. 5571, Phase 1 of Vesting Tentative Map No. 5571, for a 97-lot single-family residential subdivision with one outlot for future development, located on east side of North Armstrong Avenue between East Dakota Avenue and East Shields Avenue on 26.10 acres. BACKGROUND The Fresno City Planning Commission on November 6, 2013 adopted Resolution No. 13237 approving Vesting Tentative Map No. 5571 (Tentative Map) for a 273-lot single-family residential subdivision with two outlots on 53.54 net acres at an overall density of 5.09 units per acre. The Tentative Map was approved consistent with the 2025 General Plan and the McLane Community Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No. 5571 will expire on November 6, 2018. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 5571, submitted securities in the total amount of $2,829,000.00 to guarantee the completion and acceptance of the public improvements and $1,414,500.00 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $376,041.10. Covenants have been executed to defer eligible development impact fees totaling $493,618.74 to the time of issuance of building permit and final occupancy of each unit, for annual CFD-11 assessment notification, for deferring payment of the Fowler interim fee surety to the time of occupancy and for acknowledgement of right-to-farm law. The City Attorney's Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. The Subdivider has elected to satisfy the maintenance requirements for the landscaping and irrigation systems within the Final Map by a homeowner's association. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain all above ground infrastructure within the street rights-of-way; including concrete curbs and gutters, entrance median curbs and hardscaping, traffic circles, valley gutters, curb ramps and sidewalks, street name signage, street lights and local street paving within the Final Map in accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City's Community Facility District No. 11 (CFD-11) on December 10, 2015. 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 accordance with the provision of Section 53341.5 City of Fresno Page 2 of 3 Printed on 12/9/2015 Ley,",! File#: 1D#1 5-1078, Version: 1 of the California Government Code. The maximum annual assessment is $215.31 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 4. There will be no impact to the City's General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations of the Public Works Department. Attachments: Resolution Final Map of Tract No. 5571 City of Fresno Page 3 of 3 Printed on 12/9/2015 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO. 5571, ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IMPROVEMENTS WHEREAS, PATRICK VINCENT RICCHIUTI FAMILY TRUST, has offered for approval a Final Map designated as Tract No. 5571, Phase 1 ("map"), pursuant to approved Vesting Tentative Map No. 5571 ("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, 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: Resolution No. 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. 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. * * * * * * * * * * * * * * 2of3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2015. AYES : NOES ABSENT ABSTAIN Mayor Approval: 2015 Mayor Approval/No Return: 2015 Mayor Veto: , 2015 Council Override Vote: 2015 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Mary Raterman-Doidge, Deputy Dated: 3 of 3 _ m m F � W pq g wH F u M ao tlg fd nb' 011 vp p MR H& S b r 4 w La ]� L'OI U a oF a ' go.,;mON 0 N� OU pa wo �8 ao8 m c{� wa Apm V FAE c9 AAVpaM �m �g� �Q� RI mmOa Ua 'c'zo 045. 0 i-'2> 'i. 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