REPORT TO THE CITY COUNCIL
June 4, 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: STEVE DELSID, PE, Assistant Traffic Engineering Manager
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Approve an Improvement Agreement with UCP, LLC, a Delaware limited liability company
Body
RECOMMENDATION
1. Approve the attached Improvement Agreement with UCP, LLC, a Delaware limited liability company for improvements on Clinton and Temperance Avenues.
2. Authorize the Public Works Director, or his designee, to execute the Improvement Agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider of approved Vesting Tentative Tract Maps 5341, 5424, and 5501 (Tentative Maps), UCP, LLC, desires to construct street and utility infrastructure to satisfy City conditions of approval in advance of Final Subdivision Map approval. The facilities are being constructed by the developer at this time to provide services to a new Clovis Unified School District elementary school at the southeast corner of Clinton Avenue and Temperance Avenue. The construction of the selected conditions of approval will enable UCP to accumulate and store construction credits pursuant to Fresno Municipal Code 12-4.1006. Earned construction credits will be used to offset future impact fee obligations of Final Maps. The Improvement Agreement was prepared to memorialize the extension of the earned construction credits and their limitations, and the required performance security. The attached Improvement Agreement has been reviewed and approved as to form by the City Attorney's Office.
BACKGROUND
Tentative Tract Map Nos. 5341, a 264-lot single-family residential subdivision, 5424, a 116-lot single-family residential subdivision, and 5501, a 79-lot single-family residential subdivision, were approved, along with rezone applications and a general plan amendment, consistent with 2025 General Plan and the McLane Community Plan by Planning Commission to comply with the provisions of the Subdivision Map Act on May 16, 2007, August 17, 2005, and October 19, 2005, respectively. All Tentative Maps are located within a half mile radius of the intersection of Clinton and Temperance Avenues. Because of the proximity of each tract map, the three subdivisions contain overlapping conditions of approval set forth by the Public Works and Public Utilities departments. UCP, LLC, is the current owner and subdivider of all Maps and is currently responsible for all conditions of approval within their respective vicinity. These conditions include but are not limited to reconstructing roughly one mile of Clinton Avenue, reconstructing roughly a third of a mile of Temperance Avenue, installing a traffic signal at Clinton and Temperance Avenues and extending roughly a mile of sewer line on Clinton Avenue from a point just east of Fowler Avenue.
UCP, LLC, at this time, desires to fulfill a portion of their collective conditions of approval in an effort to accumulate all available Urban Growth Management (UGM) and Traffic Signal Mitigation Impact (TSMI) construction credits. Planned construction consists of reconstructing roughly one mile of Clinton Avenue, reconstructing roughly a fourth of Temperance Avenue, and the installation of a traffic signal at Clinton and Temperance Avenues. Public infrastructure improvements will also serve the proposed Clovis Unified Elementary school at the southeast corner of Clinton and Temperance Avenues and is key to the school's anticipated opening date of August 2016. The Improvement Agreement allows UCP, LLC, to accumulate and disperse the aforementioned construction credits within the boundaries of each fee program (TSMI & UGM), each map's respective conditions of approval, and the limitations in the agreement as well as requires UCP to provide the City with security in the amount of 150% of the total construction estimate, which emulates a typical subdivision agreement.
The Improvement Agreement is not intended to supplant a subdivision agreement or any other subdivision map requirement. At UCP's will, each tentative map will adhere to standard City policy for Final Map acceptance. The Improvement Agreement was requested by City staff to memorialize the extension of earned fee credits and to require a performance and payment bond. City staff will not issue a street work permit to commence construction without a performance bond for the public improvements; therefore, not issue a street work permit without the approval this Improvement Agreement.
ENVIRONMENTAL FINDINGS
Three initial studies and environmental assessments were prepared for Vesting Tentative Tract Map Nos. 5341, 5424, and 5501, respectively. They are as follows:
1. A Finding of Conformity to MEIR No. 10130 was prepared for Rezone Application No. R-04-44 which rezoned approximately 63 acres from AE-20 to R-1/UGM and Vesting Tentative Tract Map 5341/UGM which proposes to subdivide the subject property into a 264 lot single family residential subdivision. This Finding of Conformity was adopted on May 16, 2007. This project consists of approximately 58 acres located on the south side of East Clinton Avenue between north Temperance and North Locan Avenues.
2. A Finding of Conformity to MEIR No. 10130 was prepared for Rezone Application No. R-05-18 which rezoned approximately 37 acres from AE-20 to R-1/UGM and Vesting Tentative Tract Map 5501/UGM which proposes to subdivide the property into an 80 lot single family residential planned development subdivision. This Finding of Conformity was adopted on October 19, 2005. This project consists of approximately 36.31 acres located on the southeast corner of East Clinton and North Armstrong Avenues.
3. A Mitigated Negative Declaration was prepared for Plan Amendment Application No. A-04-28 which amended the planned land use from low density residential to medium low density residential, Rezone Application No. R-04-89 which rezoned the subject property from AE-20 to R-1/UGM, and Vesting Tentative Tract Map 5424 which proposes to subdivide the property into a 128 lot single family residential subdivision. This project consists of approximately 41.6 acres located north and west of the northwest corner of North Temperance and East Clinton Avenues.
This approval is to implement an intersecting portion of all of the above projects.
An analysis has been performed pursuant CEQA Guidelines ยง 15162 to determine whether subsequent environmental review is required for S-07-196. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions of the previous Environmental Assessments due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project.
2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred.
3. There is no new information, which was not known and could not have been known at the time of the previous Environmental Assessments that the project will have significant effects not discussed in those previous Environmental Assessments.
Based upon these findings, it has been determined that no further environmental documentation is required for this approval.
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
All Maps are located in Council District 4. There will be no impact to the City's General Fund, but will affect the City's impact fee revenue in similar manners as other development projects.
Attachments:
-Vicinity Map
-Improvement Agreement