HomeMy WebLinkAboutT-6097 - Report - 10/12/2016 of F2600 Fresno Street
U �tPO City of Fresno Fresno,CA 93721
www.fresno.gov
Legislation Details (With Text)
File#: ID16-1142 Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/23/2016 In control: City Council
On agenda: 10/13/2016 Final action:
Title: RESOLUTION -Approving the Final Map of Tract No. 6097 and accepting dedicated public uses
offered therein - northeast corner of N. Fowler Avenue and E. Clinton Avenue (Council District 4)
Sponsors: Public Works Department
Indexes:
Code sections:
Attachments: 1. Resolution -Tract No. 6097.pdf, 2. Final Map of Tract No. 6097.pdf
Date Ver. Action By Action Result
REPORT TO THE CITY COUNCIL
October 13, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: 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. 6097 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. 6097 and
accepting the dedicated public uses offered therein, to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
City of Fresno Page 1 of 3 Printed on 10/12/2016
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File#: ID16-1142, Version: 1
The Subdivider, Fowler Development Company, Inc., a California Corporation (Darius Assemi, Senior
Vice-President), has filed for approval, the Final Map of Tract No. 6097, Phase 2 of Vesting Tentative
Map No. 6033, for a 37-lot single-family residential subdivision, located on the northeast corner of
North Fowler Avenue and East Clinton Avenue on 6.87 acres.
BACKGROUND
The Fresno City Planning Commission on April 16, 2014 adopted Resolution No. 13281 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 density of 5.30
units per acre. The Fresno City Planning Commission on April 16, 2014 adopted Resolution No.
13280 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 expired on April 16, 2016. Pursuant to the provisions of Section 66452.6 (d) of the
Subdivision Map Act, processing, approving and recording of a final map may lawfully occur after the
date of expiration of the tentative map if a timely filing of a final map is made. This Final Map was
timely filed prior to the expiration date of the Tentative Map. 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. 6097, submitted securities in the total amount of $499,000.00 to guarantee the
completion and acceptance of the public improvements and $249,500.00 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 $128,692.83. Covenants have been executed to defer eligible development
impact fees totaling $384,923.39 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 and for deferring payment of the Fowler interim fee surety to the time of occupancy.
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 above
ground infrastructure within the public easements; including concrete curbs and gutters, valley
gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving
associated with the Final Map and will share the costs for all services in common with all final maps
annexed to the Community Facilities District No. 11 within the Tentative Map. The Subdivider has
satisfied the maintenance requirement by annexing the subdivision into the City's Community
Facilities District No. 11 (CFD-11) on April 28, 2016.
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 $776.33 per lot with an
annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco
Region.
City of Fresno Page 2 of 3 Printed on 10/12/2016
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File#: ID16-1142, Version: 1
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 resolution does not include a bid or award of a
construction or services contract.
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. 6097
City of Fresno Page 3 of 3 Printed on 10/12/2016
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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF
TRACT NO. 6097, 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. 6097, Phase 2 ("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,
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Date Adopted:
Date Approved:
Effective Date: Resolution No.
City Attorney Approval:
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.
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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 , 2016.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: , 2016
Mayor Approval/No Return: , 2016
Mayor Veto: 12016
Council Override Vote: , 2016
YVONNE SPENCE, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Mary Raterman-Doidge Date
Deputy
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