Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Consider the Adoption of a Resolution Approving Final Map #5429 for Yosemite Crossing Phase 3, Subdivision for 3 Lots and 1 Remainder Between G Street and Sandpiper Avenue, and the Approval of the Subdivision Agreement for Yosemite Crossing Phase 3. In Addition, Consider Approving a Public Facilities Impact Fee Credit/Reimbursement Agreement for Off-Site Improvements that go Beyond What is Required for Frontage Improvements
REPORT IN BRIEF
Considers adopting the Final Map #5429 for 3 lots and 1 remainder for the Yosemite Crossing Shopping Center. The subject site is generally located between G Street and Sandpiper Avenue, approximately 900 feet north of East Yosemite Avenue (Assessor’s Parcel Number 231-040-045). In addition, consider approving the Subdivision Agreement for the Yosemite Crossing Phase 3 Subdivision and the Public Facilities Impact Fee Credit/Reimbursement Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2025-56, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for Yosemite Crossing, Phase 3 Subdivision (#5429); and,
B. Approving the Subdivision Agreement for Yosemite Crossing, Phase 3 Subdivision; and,
C. Approving the Public Facilities Impact Fee Credit/Reimbursement Agreement; and
D. Authorizing the City Manager to execute all necessary documents.
Body
ALTERNATIVES
1. Approve the request as recommended by staff; or,
2. Deny the request; or,
3. Approve, subject to modifications as conditioned by Council; or
4. Refer back to staff for reconsideration of specific items (specific items to be addressed in City Council motion); or,
5. Continue to a future City Council meeting (date and time to be specified in City Council motion).
AUTHORITY
Chapter 24 of Title 18, Subdivisions, of the Merced Municipal Code (MMC) deals with final maps. Section 18.24.120 gives the City Council authority to approve the final map and agreements as long as it is consistent with the Tentative Map. Also, City of Merced Admin Policy A-32 references and discusses Credit and Reimbursement Agreements.
DISCUSSION
Final Map
The proposed subdivision (Yosemite Crossing, Phase 3) is generally located between G Street and Sandpiper Avenue, approximately 900 feet north of East Yosemite Avenue (Attachment 1). The Yosemite Crossing, Phase 3, Final Map #5429 would approve a total of 3 lots and 1 remainder (Attachment 2). A copy of the approved Vesting Tentative Subdivision Map for the Yosemite Crossing Subdivision is provided at Attachment 3.
The owner/developer, Yosemite and G LLC., has substantially complied with the approved tentative map for this site (Tentative Subdivision Map #1314), and has complied with the Conditions of Approval listed in Planning Commission Resolution #4083 (Attachment 4), adopted by the Planning Commission on January 19, 2022. The owner/developer applied for the approval of a final map in compliance with the Subdivision Map Act and the City’s Subdivision Ordinance. As such, it is now appropriate to approve the Final Map (Attachment 2) and the Subdivision Agreement (Attachment 6).
The subdivision was annexed into the Community Facilities District (CFD) for Services (CFD No. 2003-2) as part of Annexation No. 17 on June 21, 2021.
Reimbursement Agreement
The developer is requesting approval of a Public Facilities Impact Fee Credit/Reimbursement Agreement for the off-site improvements that go beyond what is expected along a project’s frontage. Chapter 17.62 of the Merced Municipal Code and related Administrative Policy and Procedure A-32 (Attachment 7) outline the various frontage improvements that are required from a developer with a credit /reimbursement plan for improvements that go beyond what is required. In this case, the developer is widening the portion of G Street fronting the project site and installing a median along this area. The median portion of the off-site improvements (and associated signage/stripping) is eligible for credits/reimbursements, however the street widening portion is not. An Engineer’s Estimate was calculated for the cost of the median and was reviewed and approved by Engineering staff and included as Exhibit B of Attachment 7.
The credit/reimbursement portion of improvements total $241,696.00 and will be applied as credits towards the transportation portion of impact fees that are paid with new building permits for the Yosemite Crossing project. Administrative Policy and Procedures A-32 indicates that developer portion of transportation-related impact fees (1/2 of the transportation-related impact fee) is guaranteed to be credited/reimbursed. However, the policy allows for the developer to also obtain the City portion, or the other half of the transportation-related impact fee. Staff is recommending that maximum credit eligibility be granted to the developer and credit both the developer and City portions of the transportation-related impact fees. The developer would like to obtain credit for the developments of Lots 11 and 12, and reimbursement for the development of Lot 13. No reimbursement or credit shall be given until the median and associated stripping or signage has been approved by the City and a Notice of Completion has been filed with the County Recorder’s Office.
City Council Action
The proposed Final Subdivision Map substantially complies with the approved Tentative Subdivision Map for this site (TSM #1314, as modified on January 19, 2022). Therefore, the City Council should adopt the Resolution found at Attachment 5 approving Final Map #5429 for the Yosemite Crossing, Phase 3 Subdivision and approve the Subdivision Agreement (Attachment 6) for the subdivision. In addition, staff is recommending the approval of the Credit/Reimbursement Agreement found at Attachment 7.
ATTACHMENTS
1. Location Map
2. Final Subdivision Map #5429
3. Tentative Subdivision Map #1314
4. Planning Commission Resolution #4083
5. Draft Resolution 2025-56
6. Subdivision Agreement
7. Public Facilities Impact Fee Credit/Reimbursement Agreement