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REPORT TO THE CITY COUNCIL AGENDA ITEM NO.
COUNCIL MEETING
January 13, 2009 APPROVED 8Y
DEPARTMENT DIRECTOR
FROM: KEITH BERGTHOLD, Interim Director
Planning and Development Department CITYMANAGER
DARRELL UNRUH, Planning Manager-�-�r
Planning Division I�"A
BY: ALAN KAWAKAMI, Chief Engineering Technician
Land Division and Engineering
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5856
KEY RESULT AREA
One Fresno
RECOMMENDATIONS
1. ADOPT the attached Resolution:
a. Approving the Final Map of Tract No. 5856 and accepting the dedicated public uses therein.
EXECUTIVE SUMMARY
The Subdivider, Dwayne C. Smith and Jeannie A. Smith, Co-Trustees of the Dwayne C. Smith and Jeannie A.
Smith Living Trust, has filed for approval, the Final Map of Tract No. 5856. The project, a Final Map of Vesting
Tentative Map No. 5856 pursuant to Conditional Use Permit No. C-07-005 for a 1-lot condominium subdivision
on 2.7 acres, is located on the west side of North Maple Avenue between East Shepherd and East Perrin
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
Woodward Park 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.5856
Page 2
PROJECT INFORMATION
PROJECT The Final Map of Tract No. 5856, pursuant to Vesting Tentative Map
No.5856/UGM, a 1-lot condominium subdivision on 2.7 acres.
LOCATION West side of North Maple Avenue between East Shepherd and East Perrin
Avenues.
(Council District 6, Council Member Brand)
SUBDIVIDER Dwayne C.Smith and Jeannie A.Smith,Co-Trustees of the Dwayne C.Smith
and Jeannie A.Smith Living Trust
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-07-04.
PLAN CONSISTENCY The project is consistent with the Medium-low density residential planned land
use designation of the Woodward Park 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.5856;the completion of all public improvement requirements
ORDINANCES have been guaranteed and applicable fees paid.
BACKGROUND
Tentative Map Approval: The Fresno City Planning Commission on November 14,2007 adopted Resolution
Nos.12758 and 12759 approving Vesting Tentative Map No.5856 and Conditional Use Permit No.C-07-005
to subdivide the property for a 30-unit senior housing condominium development on one common lot.
The approval of Vesting Tentative Map No.5856 was initially effective until November 14,2009. However,the
State of California on July 15,2008 approved Senate Bill 1185 to provide for a 12-month extension of the
expiration date of eligible approved tentative maps. As an eligible approved tentative map,the effective date
of Vesting Tentative Map No.5856 has been extended to November 14,2010.
Subdivision Agreement, Fees and Covenants: All required public improvements have been previously
satisfied therefor no subdivision agreement is required.The Subdivider has paid cash in the amount of$200.00
for fees due.
A condition of approval of the Tentative Map is to maintain the landscaped areas within the subdivision. The
Subdivider has elected to satisfy this landscape maintenance requirement by incorporating such maintenance
responsibility into the declaration of covenants, conditions and restrictions (DCC&R)for the homeowner's
association.
The subdivision documents and resolution have been reviewed and approved by the City Attorney's office.
Street Improvements: Exterior public streets have been dedicated to City standards and have been improved
with standard curb,gutter,street lighting,permanent pavement,and sidewalks.
Attachments: Vicinity Map
Vesting Tentative Map No.5856
Final Map of Tract No.5856
Resolution Approving the Final Map of Tract No.5856
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DEPAWYMENT
VESTING TENTATIVE MAP OF TRACT NO.5856/UGM -030-10
REZONE APPLICATION NO. 11
ZONE MAP:
CONDITIONAL USE PERMIT NO.C-07-005
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO.5856 AND
ACCEPTING DEDICATED PUBLIC USES THEREIN
WHEREAS,Dwayne C.Smith and Jeannie A.Smith,Co-Trustees of the Dwayne C.Smith and
Jeannie A. Smith Living Trust, has offered for approval a Final Map designated as Tract No. 5856,
("map"),pursuant to approved Vesting Tentative Map No.5856("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.5856
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 2009.
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:
l
John W. Fox
1: eputy City Attorney
Date:
KAMapsTina!MapslActive\T-5856175856 Staff Report 1 08-01-23.2.wpd