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Home My WebLink AboutT-5717 - Report - 5/30/2008 Gay d F- � \I/J r'RlREPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING March 11, 2008 APPROVED BY DEPARTMENT DIRECTO f � FROM: KEITH BERGTHOLD, Assistant Director Planning and Development Department CITYMANAGER BY: DARRELL UNRUH, Planning Manager�� '/ Planning Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5717 KEY RESULT AREA One Fresno RECOMMENDATIONS 1. ADOPT the attached Resolution Approving the Final Map of Tract No. 5717 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 Public Improvements. 1 AUTHORIZE the Public Utilities Director to execute the Statement of Covenants Affecting Land Development for Interim Sewer Surety Fee. 4. 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. c. Statement of Covenants Affecting Land Development Requiring a Special Permit. EXECUTIVE SUMMARY The Subdivider, LOCANS INVESTMENTS, LLC., a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5717, The project,a Final Map of Phase 1 of Vesting Tentative Map No. 5717/UGM, a 9-lot commercial/light manufacturing subdivision on 74.27 acres, is located on the southeast corner of East Shields and North Fowler Avenues, 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 McLane 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. 5717 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 project, a Final Map of Phase 1 of Vesting Tentative Map No. 5717/UGM, a 9-lot commercial/light manufacturing subdivision on 74.27 acres . LOCATION Northeast corner of East Shields and North Fowler Avenues. (Council District 4, Council Member Westerlund) SUBDIVIDER LOCANS INVESTMENTS, LLC., a California Limited Liability Company Farid Asserni, President LAND USE & ZONING Commercial and Light Manufacturing; C-M/UGM (Commercial-Light Manufacturing/Urban Growth Management Area) is effective pursuant to Rezone Application No. R-06-28. PLAN CONSISTENCY The project is consistent with the commercial and light manufacturing land use designation of the McLane 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 for Phase 1 of ACT AND LOCAL Vesting Tentative Map No. 5717/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 July 11, 2007 adopted Resolution No. 12705 approving Vesting Tentative Map No. 5717/UGM for a 205-lot single-family residential subdivision on 45.19 net acres at an overall density of 4.5 dwelling units per acre including an 8-lot commercial/industrial subdivision on 74.27 acres pursuant to Site Plan Review No. S-07-009 approved on March 27, 2007. On January 29, 2008 the Planning and Development Director approved a revised tentative map to increase the number of commercial/industrial lots from 8 to 13 lots. The proposed increase in the number of lots is within the range permitted for revised maps pursuant to Section 12-1005.2(a)(4)of the Fresno Municipal Code, The approval of the additional commercial/industrial lots requires the approval of a new or revised Site Plan Review which is consistent with the lot configuration of the revised Tentative Map prior to the issuance of building permits.. The approval of Vesting Tentative Map remains in effect until July 11, 2009 REPORT TO THE CITY COUNCIL Final Map of Tract No. 5717 Page 3 Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$2,591,000 for performance and $1,295,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has posted Performance Securities to guarantee the completion of the public utility improvement plans in the amount of $42,000. The Subdivider has paid cash in the amount of$831,486.70 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$280,651.84 to the time of issuance of Certificates of Occupancy. The Subdivider has also entered into covenants providing for Maintenance of Certain Public Improvements, Interim Sewer Surety Fee,Acknowledging Right-to-Farm Lawand for Requiring Special Permit. The subdivision documents, securities and resolution have been reviewed and approved by the City Attorney's office. Maintenance of Improvements Within Public Easements: A condition of approval of the Tentative Map is to install and maintain certain improvements (e.g., median island landscaping and irrigation systems, trails, sidewalks, etc.) within public easements along the adjacent major street frontages of the Tentative Map. For this final map phase, the Subdivider has elected to have each landowner assume the maintenance of their respective improvements in lieu of consolidating such maintenance responsibility pursuant to a home owners association or by annexing the subdivision into the City's communities facilities district. The Public Works Department has approved the maintenance requirements along the North Fowler and East Shields Avenue frontages applicable for the Final Map of Tract No. 5717, Phase 1 of Vesting Tentative Map No. 5717. Street Improvements: All interior roadways are private: exterior public streets shall be dedicated to City standards and will be improved with standard curb,gutter,street lighting, permanent pavement,and sidewalks. Attachments: Vicinity Map Vesting Tentative Map No. 5717/UGM Final Map of Tract No. 5717 Resolution Approving the Final Map of Tract No. 5717 K 1MapMFina!MapsWctwelT-571115717 Map DOcs1FM 5717 Staff.Report.wprt MIN ;M Ull wln _ -. . it • ■ ■p�, • ��,, �� 1.1.10■/s\IQ i .. MM aMINES MR! 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Yet d I �n r M .ln I, 107— x-zzc .OG.00.00. rim.v— — '�',rei u. 3nNlnrWtiD�+-�[�SULii M`f—w "— LS»a2 [w.w..tae x]p Sa.oLm� w.N..Lno N wlaL O]wNYQ'I"A'PGw 7 LL i'i(.1 � I 'L[1pyJX 10 aa•ao ISH.IaW ri ON77ee Y'�:'id•d.i.':6 FRT'. i.G6 i,:1x2';iL;e4r�1. ti � Illll n'anon iox�Laoo,oL 9a.a ro•.>r)( _ RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5717 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, LOCANS INVESTMENTS, LLC., a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5717, ("map"), pursuant to approved Vesting Tentative Map No. 5717/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. 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 Resolution Approving the Final Map of Tract No. 5717 Page 2 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. 5717 Page 3 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 2008. 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: John W. Fox Deputy City Attorney Date: