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HomeMy WebLinkAboutT-6003 - Report - 12/10/2013 City 01 tcls>c �l� ��if. AGENDA ITEM NO. REPORT TO THE CITY COUNCIL I H COUNCIL MEETING 11121113 November 21 , 2613 APPROVED BY DEPARTMENT DIRECTOR FROM: PATRICK N. WIEMILLER, Director CETY h9ANA Public Works Department BY: SCOTT L. MOZIER, PE, City Engineer/Assistant Director r - Public Works Department, Traffic and Engineering Services Division JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 6003 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN (COUNCIL DISTRICT NO. 6) I. ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 6003 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO EXECUTE THE COVENANT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS UNDER CFD-11 ON BEHALF OF THE CITY 3. AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE TO EXECUTE THE COVENANT FOR SPECIAL SOLID WASTE DISPOSAL SERVICES ON BEHALF OF THE CITY 4. AUTHORIZE THE DEVELOPMENT AND RESOURCE MANAGEMENT DIRECTOR OR HER DESIGNEE TO EXECUTE THE COVENANT DEFERRING ELIGIBLE DEVELOPMENT IMPACT FEES TO THE TIME OF OCCUPANCY ON BEHALF OF THE CITY RECOMMENDATION Staff recommends the City Council take the following action: Adopt a resolution approving the Final Map of Tract No. 6003 and accepting the dedicated public uses offered therein; and to authorize the Public Works Director or his designee to execute the covenant for the maintenance of certain improvements under CFD-11 on behalf of the City, authorize the Director of Public Utilities or his designee to execute the covenant for special solid waste disposal services on behalf of the City and to authorize the Development and Resource Management Director REPORT TO THE CITY COUNCIL Adopt Resolution Approving Final Map of Tract No. 6003 November 21 , 2013 Page 2 or her designee to execute the covenant deferring eligible development impact fees to the time of building permit and occupancy on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Copper/Maple No. 4, Inc., a Delaware Corporation, (Robert A. McCaffrey, Chief Executive Officer and Brent M. McCaffrey, President), has filed for approval, the Final Map of Tract No. 6003, Phase 1 of Vesting Tentative Map No. 6003 for a 54-lot single-family residential, gated, private street planned development subdivision with two outlots for private landscaping, private walkway and recreation purposes, two outlots for future development and one outlot for private street and public utility easement purposes, located on the southeast corner of North Maple Avenue and East Copper Avenue on 16.79 acres. The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 6003 dated July 25, 2012 and approved revisions thereto ("Tentative Map"), the Subdivision Map Act and the Fresno Municipal Code. The Subdivider has signed the covenants and has paid all fees now due to satisfy the conditions of approval of the Tentative Map. The City Attorney's Office has approved all documents as to form. 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. BACKGROUND The Fresno City Planning Commission on July 25, 2012 adopted Resolution No. 13168 approving Vesting Tentative Map No. 6003 (Tentative Map) for a 118-lot single-family residential, gated, private street planned development subdivision with five outlots for private street and common open space purposes on 16.79 acres at an overall density of 8.53 units per acre. The Development and Resource Management Department on April 3, 2013 approved a revision to Vesting Tentative Map No. 6003 reducing the number of lots from 118 to 105. The Tentative Map was approved consistent with the 2025 General Plan and the Woodward Park Community Pian to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No_ 6003 will expire on July 25, 2016. The Final Map has been reviewed and deemed to be technically correct. The Subdivider has satisfied all other conditions of approval and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $260,780.70. Covenants have been executed to defer eligible development impact fees totaling $477,197.66 to the time of issuance of building permit and final occupancy of each unit, for annual CFD-11 assessment notification and for special solid waste disposal services. The covenant for special solid waste services requires the owners, lessees and other tenants of Lot 18 to place their solid waste containers along the north property line of Lot 42. This is required because Lot 18 is on a dead end street and the solid waste vehicle cannot access Lot 18 for normal curbside pickup. The Subdivider has executed this covenant and the City Attorney's Office has approved this covenant. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the landscaping, trees, irrigation systems and median edging within the median island in North Maple Avenue and the concrete curbs, gutters and valley gutters along East Copper Avenue and North REPORT TO THE CITY COUNCIL Adopt Resolution Approving Final Map of Tract No. 6603 November 21 , 2013 Page 3 Maple Avenue frontages within and adjacent to 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 March 21, 2013. 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 of the Califomia Government Code. The maximum annual assessment is $34.22 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. The maximum annual assessment is calculated by city staff based on going rates of infrastructure and is a special tax that was approved by Council at the CFD-11 hearing date on March 21, 2013. FISCAL IMPACT 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 Approving the Final Map of Tract No.6003 and Accepting the Dedicated Public Uses Therein Final Map of Tract No.6003 This page intentionally left bland:. RESOLUTION NO, A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO. 6003 AND ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IMPROVEMENTS WHEREAS, COPPER/MAPLE NO. 4, Inc., a Delaware Corporation, has offered for approval a Final Map designated as Tract No. 6043, Phase 1 ("map„) pursuant to approved Vesting Tentative Map No. 6003 ("tentative reap"); 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: A 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. * * * * * * * * * * * * * * 2 of 3 Resolution No. 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 , 20'13. AYES NOES ABSENT ABSTAIN Mayor Approval , 2013 Mayor Approval/No Return: , 2013 Mayor Veto: , 201 3 Council Override Vote: , 2013 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Talia Kolluri-Barbick, Deputy Dated: TKB:cg;63207cg/RESo;10/31113 3 of 3 Resolution No. This page intentionally left Flank. 3 a�r►' r _ � � Pr �r LU �iY U a " t.3 rg g y 0 a �s :r�'�• S �: 5� }rV sa} ra �SL4� SQ z � ❑� � pi« ag a_�a�� r� �C= 5� � San= 1kr ��v �`a�!` �� n"J Q CC,: =' A �Ea�'L" a� � `d ic•i si fir. uj r^• t S !S 4 tCr K�:x Y �d 4 p � it1 Q 0 ❑.5 >� k� -^�'~�' yt 'S -S "a a �5 '. Y V i xV 4 x D w .a v [� a z• r g, 5s_ q ce - 4t a a = aWra�g Q ! o H rr�t 5g tL 2- it } e tu w)a c� L ; ? p- rr, o-W s» � 9 ar 01 LL y b i�' * R 4 a ¢ - a a.. 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