REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JILL M. GORMLEY, TE, Assistant Director
Public Works Department, Traffic & Engineering Services Division
JAIRO MATA, Chief Engineering Technician
Public Works Department, Land Planning Section
SUBJECT
Title
RESOLUTION - Approving the Final Map of Tract No. 6362, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the southeast corner of North Garfield Avenue and West Gettysburg Avenue alignment. (Council District 1)
Body
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6362 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 landowner, Ethan Leibowitz, Reuben Leibowitz, Adam Peterson, and Allen Anderson of JEN HOLDCO 23, LLC, has filed for approval, the Final Map of Tract No. 6362, for a 194-lot single-family residential subdivision at the southeast corner of North Garfield Avenue and West Gettysburg Avenue Alignment on 31.21 acres.
BACKGROUND
The Fresno City Planning Commission on November 16, 2022 approved Vesting Tentative Map No. 6362 (Tentative Map) for a 194-lot single-family residential subdivision 39.37 acres (see attached map). The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6362 the first and last phase.
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. 6362, submitted securities in the total amount of $6,492,000 to guarantee the completion and acceptance of the public improvements and $3,246,000 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 $1,116,797.58. Covenants have been executed to defer eligible development impact fees totaling $4,157,577.35 to the time of final occupancy of each unit, acknowledging right-to-farm law, maintenance of landscape improvements for certain lots, and relinquishing access rights for certain lots. 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 the concrete curbs and gutters, valley gutters, sidewalks and curb ramps, landscaping, street name signage, local street paving, hardscaping, park amenities, trail paving, and street/trail lighting associated with 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 CFD-11 on September 26, 2024.
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 $1,114.35 per unit and shall be adjusted annually by 2% plus the increase, if any, in the construction cost index for the San Francisco Region for the prior twelve (12) month period as published in the Engineering News Record (as applicable).
Public safety Services District: A condition of approval of the Tentative Map is to provide recurring expenditures related to Public Safety Services, police and fire safety/protection/suppression (“Services”), that are associated with the Final Map. The Subdivider has satisfied the Public Safety Services requirement by annexing the subdivision into the City’s CFD-18 on September 26, 2024. The Maximum Special tax is $164.00 per unit and shall be adjusted annually by 2% plus the increase, if any, in the construction cost index for the San Francisco Region for the prior twelve (12) month period as published in the Engineering News Record (as applicable).
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 1. 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. 6362
Location Map