Fremont City Council Meeting: 02/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4792) DOC ID: 4792
Updated: 2/2/2023 11:29 PM by Susan Gauthier Page 1
TRACT 8205 - Approval of Final Map, Improvement Plans and Agreement, and Dedication of Land and Public Easements for Tract 8205, located at 37899 Niles Boulevard (Niles Gateway)
Contact Persons:
Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to approve Final Tract Map 8205 and the improvement agreement for private infrastructure associated with a 75-unit development, commonly known as Niles Gateway, and located in City Council District 2.
BACKGROUND: On March 9, 2021, the City Council approved Vesting Tentative Tract Map 8205 for the 6.08-acre property at 37899 Niles Boulevard in the Niles Community Plan Area.
The developer is Lennar Homes of California, LLC. The Final Map creates 19 numbered lots and lettered parcels A through N to allow for 75 condominium units.
DISCUSSION/ANALYSIS: The Final Map is in conformance with the Vesting Tentative Map and the developer has complied with all Tentative Map Conditions of Approval. The Final Map and Improvement Plans have been reviewed and are now ready for City Council approval.
The developer has elected to begin construction of required public improvements ahead of approval of the Final Map and private improvements. The developer has entered into a Public Improvement Agreement issued under an encroachment permit ENC2022-00131 and has posted performance and labor and material bonds each in the amount of $444,000 to guarantee construction of the public improvements (Niles Boulevard and Chase Court).
Public improvements include a new median, curb, gutter, sidewalk, landscaping and signing and striping along Niles Boulevard, storm drain improvements, pavement repair and new curb and gutter along Chase Court, and other miscellaneous items of work as identified on the approved improvement plans.
The developer has signed the Private Improvement Agreement and has posted performance and labor and material bonds each in the amount of $4,928,000 to guarantee construction of the private and common area improvements (Cinematic Common, Dollar Common, Locomotive Terrace, Quincy Terrace, Sierra Terrace, Sennett Terrace, and Limelight Terrace). Private improvements include the construction of private streets, installation of stormwater facilities, vehicular parking to serve the residents, and other miscellaneous items of work as identified on the approved improvement plans.
FISCAL IMPACT: None.
Council Staff Report (ID # 4792) Meeting of February 7, 2023 Updated: 2/2/2023 11:29 PM by Susan Gauthier Page 2
ENVIRONMENTAL REVIEW: On March 9, 2021, the City Council certified the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan (EIR) for the project. The Final Map and Improvement Plans are consistent with the original project description, scope of work, and identified mitigations of the certified EIR. No further environmental review is required. Each as a further separate and independent basis, this action is exempt from CEQA, without limitation as (1) approval of final map is a ministerial action that is statutorily exempt from CEQA review pursuant to Title 14 of the Code of Regulations Section 15268(b)(3); and/or (2) exempt from further review pursuant to CEQA Guidelines Section 15183, which exempts projects consistent with General Plan and Zoning that do not involve any significant impacts which are peculiar to the project or its site.
ATTACHMENTS:
• Site Plan (1 sheet)
• Draft Resolution Tract 8205
RECOMMENDATION: Adopt a resolution to:
1. Approve the Final Map and the Improvement Plans for Tract 8205.
2. Approve the Agreement for Private Improvements entitled “Improvement Agreement, Private Improvements, Tract 8205”, with the developer, Lennar Homes of California, LLC, and authorize the City Manager to execute the agreement on behalf of the City.
3. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.