Subject: TRACT NO. 9316
COUNCIL
DISTRICT: 8
RECOMMENDATION
TRACT
NO. 9316 - Southeast
corner of San Felipe and Delta Roads - Brookfield Madison LLC, A Delaware
Corporation (Developer) - 54 single family detached residential units. Adoption of resolutions approving the plans,
final map, contract and water main extension for Tract No. 9316. CEQA: ND.
BACKGROUND
This
final map was received for approval prior to the recent change to the Municipal
Code delegating final map approval to the Director of the Public Works
Department. Those changes to the code
require the Director to comply with certain administrative noticing procedures
that could not be met here due to the passage of time. Therefore, this map is being submitted to
the Council for approval.
The
subdivision process is regulated by the State Subdivision Map Act and the City
Municipal Code. The approval of the
final map enables the Developer to sell, finance or lease the subdivided lot. The Planning Director approves the tentative
map for the subdivision. The tentative
map approval may be subject to conditions, such as the payment of fees,
dedication of streets and parkland, and construction of or agreement to
construct public infrastructure to serve the project. The Developer must satisfy all conditions of the tentative map
for subdivisions of five or more parcels.
If the tentative map conditions are satisfied and the final map conforms
in all respects to the approved tentative map and the Map Act and City Code
requirements, the Council must approve the final map by adopting resolutions
finding that the final map is consistent with the tentative map and approving
the Developer / City construction agreement, surety bonds and plans.
Brookfield
Madison LLC, A Delaware Corporation, (Developer) has submitted the plans and a
final map to the City for approval (see attached map).
At
the time of approval of this developer’s adjacent Tracts 9314 and 9315, the
Department of Transportation (DOT) was meeting with the neighborhood to discuss
and finalize solutions for the traffic calming issue. The discussion between staff and the neighborhood resulted in the
development of a draft traffic calming plan.
With consensus from the neighborhood a final traffic calming plan has
been developed and implemented, with the exception of two traffic control
devices, which will be installed when the new streets within Tracts 9314 and
9315 are constructed. DOT staff will
monitor traffic patterns, speeds and volumes within the neighborhood
immediately after the development is built and occupied.
The
Department of Planning, Building and Code Enforcement found this tract to be in
conformance with the approved tentative map. The plans and final map have been
approved by the Public Works Department.
The contract and bonds have been executed by the Developer and submitted
to the City Clerk. Since this project
is in the Municipal Water System area, a water main extension agreement has
been executed. In addition, the
Developer has executed a parkland agreement satisfying the requirements of the
Parkland Dedication Ordinance. In
conformance with the construction contract, the required fees have been
paid. Also, the insurance requirements
have been verified by the Risk Manager’s Office.
ANALYSIS
The
contract requires the Developer to construct public improvements consisting of
curb, gutter, sidewalk, pavement, electrolier, sanitary and storm sewers. These improvements are valued at $1,321,900. In compliance with the Subdivision Map Act
and the Municipal Code of the City of San José, this tract is presented for
Council approval.
PUBLIC OUTREACH
Community
meetings and public hearings of the Planning Commission, the City Council and
the Planning Director were noticed and conducted as part of the entitlement
process for this project.
COORDINATION
The
contract, bonds, resolutions, and parkland agreement have been coordinated with
the City Attorney’s Office.
CEQA
Negative
Declaration.
RAJEEV
BATRA