HomeMy WebLinkAboutT-5710 - Report - 12/12/2008 Cily of
rn_ =.:.,Is REPORT TO THE CITY COUNCIL AGENDA ITEM NO.
COUNCIL MEETING
December 16, 2008 AP 2ZBY
DEPAR E E Q
FROM; KEITH BERGTHOLD, Interim Director
,6,�..,
Planning and Development Department CI7YMANAGER
DARRELL UNRUH, Planning Manager{,
Planning Division
BY: ALAN KAWAKAMI, Chief Engineering Technician
Land Division and Engineering
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5710
KEY RESULT AREA
One Fresno
RECOMMENDATIONS
1. ADOPT the attached Resolution:
a. Approving the Final Map of Tract No. 5710 and accepting the dedicated public uses therein.
2. AUTHORIZE the Public Works Director to execute the:
a. Subdivision Agreement Including Addendum to Subdivision Agreement for Rights-of-Way
Acquisition.
b. Statement of Covenants Affecting Land Development for Maintenance of Certain Improvements.
c. Statement of Covenants Affecting Land Development for Lot 10.
d. Statement of Covenants Affecting Land Development Providing Notice That Lot 10 of Tract
No. 5710 Will Be Used Temporarily As An Open Space Area and Potentially Permanently As Either
A Public Street Or A Single-Family Residential Development.
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.
EXECUTIVE SUMMARY
The Subdivider,The Coalition for Urban Renewal Excellence, a California Non-Profit Organization (CURE)and
Granville Homes, Inc., a California Corporation, has filed for approval, the Final Map of Tract No. 5710. The
project, a Final Map of Vesting Tentative Map No. 57101UGM, a 46-lot single-family residential subdivision on
9.7 acres, is located on the east side of North Blythe Avenue between West Dakota and West Ashlan Avenues.
The ultimate development oft-lot (Lot 10 of the final map) as either a single-family development or a public
street is being delayed pending the future determination for the necessity of a street connection to the abutting
parcel to the north from this subdivision. In the interim, Lot 10 will be developed as an open space facility. If
the determination is made for a public street connection, the developer of the abutting parcels) to the north will
be required to construct the necessary street improvements. 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 West Area 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.5710
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. 5710, pursuant to Vesting Tentative Map
No.5710/UGM,a 46 lot single-family residential subdivision on 9.7 acres.
LOCATION East side of North Blythe Avenue between West Dakota and West Ashlan
Avenues.
(Council District 1, Council MemberXiong)
SUBDIVIDER The Coalition for Urban Renewal Excellence,a California Non-Profit
Organization
Steven G.Rau,Secretary
Granville Homes,Inc.,a California Corporation
Darius Assemi,Vice President
LAND USE&ZONING Medium density residential; R-1/UGM(single-family residential/Urban Growth
Management Area)is effective pursuant to Rezone Application No.R-06-20.
PLAN CONSISTENCY The project is consistent with the Medium density residential planned land use
designation of the West 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. 5710/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 March 7, 2007 adopted Resolution
No. 12647 approving Vesting Tentative Map No. 5710 for a 47-lot single-family residential subdivision,at 6
dwelling units per acre. Subsequently, at the request of the subdivider, the Director of the Planning and
Development Department on September 19,2008 pursuant to the provisions of FMC 12-1005.2(b)(3),approved
a minor revision to Vesting Tentative Map No.5710 to decrease the number of lots from 47 to 46 and to delay
the development of 1-lot(Lot 10 of the final map). The initial development of Lot 10 is required to be an open
space facility and ultimately developed either as a single-family development or a public street subject to a
future determination for the necessity for a street connection from West Saginaw Way through Lot 10 to the
abutting parcel to the north.
REPORT TO THE CITY COUNCIL
Final Map of Tract No.5710
Page 3
The approval of Vesting Tentative Map No.5710/UGM was initially effective until March 7,2009. However,
the State of California on July 15,2008 approved Senate Bill 1185 to provide for a 12-months extension of the
expiration date of eligible approved tentative maps. As an eligible approved tentative map,the effective date
of Vesting Tentative Map No.5710/UGM has been extended to March 7,2010.
Subdivision Agreement, Securities, Fees&Covenants: The Subdivider has executed the Subdivision
Agreement and has posted securities in the amount of$533,000 for performance and$266,500 for labor and
materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in
the amount of$9,304 for CALTRANS'mitigation fee and$140,332.24 for applicable City 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$207,797.42 to the time of issuance of
Certificates of Occupancy. The Subdivider has also entered into covenants providing for Maintenance of
Certain Improvements,for Lot 10 and Providing Notice That Lot 10 of Tract No.5710 Will Be Used Temporarily
As An Open Space Area and Potentially Permanently As Either A Public Street Or A Single-Family Residential
Development.
Addendum to Subdivision Agreement for Acquisitions of Street Easements. The conditions of approval of the
Tentative Map and the City's Urban Growth Management Policy relative to major street extensions imposed
the requirement to improve a portion of North Blythe Avenue beyond the limits of the subdivision for street
transition. The Subdivider has been unable to acquire and/or facilitate the dedication of such easements to the
City prior to the date the Final Map will be presented to the City Council for action. To satisfy such easement
requirements,the Subdivider has executed the Subdivision Agreement with an addendum that provides for the
City to negotiate and/or exercise it's power of eminent domain, to acquire the necessary rights of way
easements. The Subdivider has submitted an initial deposit in the amount of$192,000 for the estimated
acquisitions and legal costs. An amendment to the Annual Appropriation Resolution to appropriate the funds
deposited by the Subdivider for the City to pursue these acquisitions is to be scheduled for Council action on
January 6, 2009. The delayed AAR will not affect the building construction phase of the project as all the
affected rights of way are located off-site of the boundaries of the subdivision.
The subdivision documents,securities and resolution have been reviewed and approved as to form on behalf
of the City Attorney's office by Don Neufeld of Lozano Smith.
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 Blythe Avenue between West Dakota and West Ashlan Avenues 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 October 7,2008.
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$418.00 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.5710/UGM
Final Map of Tract No.5710
Resolution Approving the Final Map of Tract No.5710
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VICINITY MAP PLANNING&DEVELOPMENT
DEPARTMENT
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P' S
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5710 AND
ACCEPTING DEDICATED PUBLIC USES THEREIN
WHEREAS,The Coalition for Urban Renewal Excellence,a California Non-Profit Organization
and Granville Homes,Inc.,a California Corporation,has offered for approval a Final Map designated as
Tract No.5710,("map"),pursuant to approved Vesting Tentative Map No.5710/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 have provided funds for the acquisition
of property not otherwise offered for dedication on such 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.5710
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
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.
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 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 2008.
AYES:
NOES:
ABSENT:
ABSTAI N:
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By:
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
johrrao°d--f VA-
SQ�.c,�� C4 met
Date: L`7��1'eZ , '4 0 - -
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