The URL can be used to link to this page

Home My WebLink AboutT-6033 - Report - 3/11/2015 Of F&, 2600 Fresno Street City of Fresno Fresno,CA 93721 0 www fresno.gov o�r'ORAl�� Legislation Text File#: 1D#1 5-135, Version: 1 REPORT TO THE CITY COUNCIL February 26, 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. 6033 and accepting dedicated public uses offered therein - northeast corner of N. Fowler Avenue and E. Clinton Avenue (Council District 4) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6033 and accepting the dedicated public uses offered therein and to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Fowler Development Company, Inc., a California Corporation, (Darius Assemi, Senior Vice-President), has filed for approval, the Final Map of Tract No. 6033, Phase 1 of Vesting Tentative Map No. 6033, for a 94-lot single-family residential subdivision with one outlot for open space and pedestrian access purposes, two outlots for future development and one outlot to be deeded to the property to the north, located on the northeast corner of North Fowler Avenue and East Clinton Avenue on 32.78 acres. BACKGROUND The Fresno City Council on February 5, 2015 adopted Resolution No. 2015-27 granting appeal and approving Vesting Tentative Map No. 6033 (Tentative Map) for a 169-lot single-family residential public street planned development subdivision with one outlot on 34.01 net acres at an overall City of Fresno Page 1 of 3 Printed on 2/26/2015 powered by LegistarT'" File#: 1D#1 5-135, Version: 1 density of 5.30 units per acre. The Fresno City Council on February 5, 2015 adopted Resolution No. 2015-26 granting appeal and approving Conditional Use Permit Application No. C-13-092 for the establishment of a single family residential public street planned development with modified property development standards. 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. 6033 will expire on February 5, 2017. 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. 6033, submitted securities in the total amount of $2,752,000 to guarantee the completion and acceptance of the public improvements and $1,376,000 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 $374,421.51. Covenants have been executed to defer eligible development impact fees totaling $988,042.16 to the time of issuance of building permit and final occupancy of each unit, for annual CFD-11 assessment notification, for maintenance of landscape improvements for certain lots, deferring payment of the Fowler interim fee surety to the time of occupancy, and for acknowledging 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. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain all landscaping, trees and irrigation systems within street rights-of-way and landscape easements along North Fowler Avenue and East Clinton Avenue and within Outlot A; to include concrete curbs and gutters, entrance median curbs and hardscaping, valley gutters, curb ramps, sidewalks, and traffic calming curbs and hardscaping, street name signage, street lighting, and local street paving, above ground infrastructure, block wall and park amenities within Outlot A 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 February 5, 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 of the California Government Code. The maximum annual assessment is $1,009.26 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 ordinance does not include a bid or award of a construction or services contract. City of Fresno Page 2 of 3 Printed on 2/26/2015 powered by LegistarT"' File#: 1D#1 5-135, Version: 1 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. 6033 City of Fresno Page 3 of 3 Printed on 2/26/2015 powered by Legistar- RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO. 6033, ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IMPROVEMENTS WHEREAS, FOWLER DEVELOPMENT COMPANY, INC., a California Corporation, has offered for approval a Final Map designated as Tract No. 6033, Phase 1 ("map"), pursuant to approved Vesting Tentative Map No. 6033 ("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: �Q 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 r . 2015. AYES NOES ABSENT ABSTAIN Mayor Approval: . 2015 Mayor Approval/No Return: , 2015 Mayor Veto: _ 2015 Council Override Vote: 12015 YVONNE SPENCE, CMC City Clerk BY:_ Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Mary Raterman-Doidge Date Deputy 3 of 3 f w LU w w w a. 3 a Ui e `as �g� N € bh �_ R - w b $ �5 tillS ul w3€ w Y g F tiLO I , 8_.,€ Z �$ y; 2 � E U tS g3 W <7 I W V7 Nr cl� Z -lYa `� Z Ld Uj n � � N R QYr E. �gg 4Jul j p j t 6 L� ZIP sla US11 'Jig, $ �oF � �, c oma zea X33 It, " g k s� k n a 2 - J w �a#hY � nWu� b RMI XWP �'� � R y '6 110 L - 8 V Y E S v ga el fib SG k�5p V) eLd Ld LL ,VIE Q mo $ 7till;: - LL a ¢gR o w nq�+tg4 � iR� ya o aaa6 30 aRS� o z g I z 9 zY is LLJ �o . w $ z H J;.;1..�:.1._71a:'Hp::�.:--':'1 is "•rr�A�!. 'r _..:r�s••r,_: ..I'•.. . r:�r [(�Lf]�] LL� ,f$$(�� _� ,, l •.=...i r. ..�t.� ....�-..:..r...Lj.� i,'�r}i'i�.Icy-_--.-��..; •.I L/ 0�0�1.� kT•nK.I..Af'YrA,i4l.Y;a;A,F I��^AFi}:�y..¢.:�}).>,:l'%']FYYJI�ii2•Te �`� 'S �: ��•.;�..i 1.]�'1.�,�:F::__:�K3.R]'i::;�.C�C!'!.f 1:�,=•.'S, i C l�r'�•�'b{i -:i•+ -f'r��_I.". -~:�i:=T,:I .. s'c•..,:r,•_._ :y-.;� I r= rQ 5 .rYl =g`^::7^cs .r " !j,! :: ,',', r. Z � " w _ _ - - - i r _° � I .f'1}'f i fy[_i+j•'f '_i';.`:1:iii 1 « 3 0�� - - _ -r"I �• � L y � it 9 d __:�I-i:ice:" r' '7'ii .rJ�c'G'S' y,... Y '� F- '�._':.�a=�'s r@fix�;S_'}I� s:. 'i.tx�-:'_•i!For- � PioO __ - - ��a _� ?h lip, / �IIrY 1 iR•: :;': �. C Y I$ i_. �1 Y :�-p:lr• ��'r.'fii F��u ;R:'/ik.pp� �Gi:$:9tj l'S�t,� _- _ _ ! 4 1 � �sa`�" fiR � �i•� - '�;r5�.��_..,,....�rx'�;.:;�;•.�.�;Y;._�'_,. 7' ❑� �ltict _ '. p ' Ba 4 -iL •1T-f_F"'_'''�I�1 t•1�i�l'� 1 c1cz, - - _ ..i_=.I .sl�::r'.,>r-s•� 5G �oa�°C,d Sf�n� • F''s ., i� 3� �� !Q a �Q� � �E 4 ;� � � � � psi � e••cn w_ w �pJ �,e _ ,•m n—,v aWafsn..Mw A :,{ wm a i " 3 4i g . r" .`cen ri 1 4 r ppa u p �ar% v,:rr11'v:i-�•ifl� AAA ? _ � r•:r o u ;-,y^r� ; _r4,?;:.;;'fi4:i;.,,,r•a?l-b�3;'r�;t`R'•Yt..K - __..Ra:`.l..to - ;�'Y.',.f,•e'_"":I 1-_ 4. • r ••I�fyyyLY r6Nmn1,��- •1•-..�� -_ _ � -- n u 4 S .,S Y�+, N' •�.' � A� ,gYfiw';. ,CMw•_ � " ^'z 2 R „»!.,[Y -N- m J•f f J i ni�x•.i`r.'��: ry ` -�--- T- i --J-- T- -----may