REPORT TO THE CITY COUNCIL February 4, 2021 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY: RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT ..Title Actions pertaining to Final Map of Tract No. 6258 1. RESOLUTION - Approving the Final Map of Tract No. 6258, of Vesting Tentative Tract Map No. 5891, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - north side of Ashlan between Hayes and Bryan Avenue (Council District 1) 2. ***RESOLUTION - 56th Amendment to the Annual Appropriation Resolution (AAR) No. 2020-159 to appropriate $507,100 in developer contributions for the acquisition of right-of-way for public street and public utility easements for the Final Map of Tract No 6258 at the Ashlan and Hayes intersection and on both the north and south side of Ashlan between Hayes and Bryan. (Council District 1) (Requires five affirmative votes)(Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6258 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 The Subdivider, Wathen Castanos Homes, Inc., a California corporation, (Josh Peterson, Manager), has filed for approval, the Final Map of Tract No. 6258, of Vesting Tentative Map No. 6258, for a 98-lot single-family residential subdivision with three outlots for landscaping purposes, open space, utility purposes, located on the north side of Ashlan Avenue between Hayes Avenue and Bryan Avenue on 12.08 acres. BACKGROUND The Fresno City Planning Commission on January 8, 2020 approved Vesting Tentative Map No. 6258 (Tentative Map) for a 98-lot single-family residential subdivision on 12.08 acres. The Tentative Map was approved consistent with the Fresno General Plan and the West Area Community Plan to comply with the provisions of the Subdivision Map Act. 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 that a final map that is in substantial compliance with the 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. 6258, submitted securities in the total amount of $6,224,000 to guarantee the completion and acceptance of the public improvements and $3,112,000 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 $1,266,123.23. Covenants have been executed to defer eligible development impact fees totaling $894,896.51 to the time of issuance of building permit and final occupancy of each unit, for annual CFD-11 assessment notification, for landscape maintenance for certain lots, acknowledging right-to-farm law, for temporary storm drainage facilities and for relinquishing access rights for certain lots, and for emergency vehicle access. 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. ADDENDUM TO SUBDIVISION AGREEMENT FOR ACQUISITIONS OF STREET EASEMENTS: The Conditions of Approval of the Tentative Map imposed the requirement to install a traffic signal at the Ashlan and Hayes Intersection. The Conditions also require that the Subdivider widen Ashlan Avenue between Hayes and Bryan Avenues. The Subdivider has been unable to acquire and/or facilitate the dedication of this right of way prior to the date the Final Map is approved by Council. To satisfy this requirement, the Subdivider has executed with an addendum to the Subdivision Agreement that provides for the City to negotiate and/or exercise its power of eminent domain, to acquire the necessary rights-of-way. The Subdivider has posted an initial deposit in the amount of $507,100 for the estimated acquisition and legal costs. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters, valley gutters, sidewalks and curb ramps, and street 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 17, 2020. 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 $620.30 per lot with an annual 2% 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 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. 6258