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 & Subdivision Inspection Section SUBJECT ..Title Actions pertaining to Final Map of Tract No. 6379: 1. RESOLUTION - Approving the Final Map of Tract No. 6379, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northwest corner of South Peach Avenue and East Florence Avenue; (Council District 5) 2. ***RESOLUTION - Adopting the 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $55,300 in developer contributions for the acquisition of right-of-way for public street and public utility easements for the Final Map of Tract No 6379 at the northwest corner of South Peach Avenue and East Florence Avenue. (Council District 5) (Requires 5 Affirmative Votes) (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6379 and accepting the dedicated public uses offered therein; and authorizing the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. Staff also recommends the Council adopt the 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $55,300 in developer contributions for the acquisition of right-of-way for public street and public utility easements for the Final Map of Tract No 6379 at the northwest corner of South Peach Avenue and East Florence Avenue. EXECUTIVE SUMMARY The Owner, KB Home South Bay Inc., has filed for approval of the Final Map of Tract No. 6379, a 200-lot single-family residential subdivision at the northwest corner of South Peach Avenue and East Florence Avenue on 39.34 acres. BACKGROUND On March 19, 2022 the Fresno City Planning Commission approved Vesting Tentative Map No. 6379 (Tentative Map), a 200-lot single-family residential subdivision on 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. 6379 the first and last phase 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. 6379, submitted securities in the total amount of $10,219,000 to guarantee the completion and acceptance of the public improvements and $5,109,500 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 $436,005.89. Covenants have been executed to defer eligible development impact fees totaling $4,441,311.59 to the time of final occupancy of each unit, acknowledging right-to-farm law, relinquishing access rights for certain lots, and the maintenance of landscape improvements for certain lots covenants. 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 signalize the intersection of Florence Avenue and Peach Avenue. To satisfy this requirement, the Subdivider has executed 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 $55,300 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, landscaping, street name signage, local street paving, hardscaping, park amenities, 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 August 15, 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 $586.65 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 5. 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 Approving the Final Map of Tract No. 6379 Resolution 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 Final Map of Tract No. 6379 Location Map