HomeMy WebLinkAboutT-5180 - Conditions of Approval - 7/25/2006 M �%%EF T E CITY COUN
AGEivDA ITEM NO. Q 30a,r�n
COUNCIL MEETING
February 10, 2004 APPROVEDBY
FROM: NICK P. YOVINO, Director DEPARTMENTDIRE
Planning and Development Departmen
CITY MANAGER
BY: GILBERT J. HARD, Planning Mager
Planning Division
SUBJECT: VESTING TENTATIVE TRACT MAP NO. 5180 AND RELATED CONDOMINIUM
CONVERSION APPLICATION AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL
ASSESSMENT NO. T-5180 FOR THE "VILLA SANTA FE"APARTMENTS
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. APPROVE the environmental finding of a Categorical Exemption for Environmental Assessment
No. T-5180 issued November 6, 2003.
2. APPROVE the Condominium Conversion Application for the "Villa Santa Fe" apartments.
3. APPROVE Vesting Tentative Tract Map No. 5180 subject to compliance with the Conditions of
Approval dated January 7, 2004.
EXECUTIVE SUMMARY
The applicant, United Development Group, Inc, has filed Vesting Tentative Tract Map No. 5180 proposing
to subdivide the 220 unit "Villa Santa Fe" apartment complex into a one common lot condominium
subdivision. The one common lot subdivision would allow for the sale of the individual air space to individual
buyers and would require that all buyers of residential air space share in common ownership of all buildings,
streets, open space, walls, etc., on the entire site. The "Villa Santa Fe" is located on the northeast corner
of East Huntington Boulevard and"R"Street.The site is zoned R-4(High Density Multiple Family Residential)
and is on a 9.55-acre parcel of land. The existing project and zoning are consistent with the
"residential" land use of the Central Area Community Plan and the 2025 Fresno General Plan.
PROJECT INFORMATION
PROJECT Conversion of an existing 220-unit apartment project to a
220-unit condominium airspace subdivision on one common lot.
APPLICANT United Development Group, Inc. (Engineer: Rabe Engineering)
LOCATION Northeast comer of East Huntington Boulevard and R Street
(Council District 3, Councilmember Sterling)
SITE SIZE 9.55 acres
LAND USE Existing - "Villa Santa Fe" Apartment Complex
Proposed - Condominium Airspace Subdivision
ZONING Existing - R-4 (High Density Multiple Family Residential)
Proposed - R-4 (High Density Multiple Family Residential)
i
° REPORT TO THE CITY COUNCIL
"Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Tract Map No. 5180
February 10, 2004
Page 3
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North Commercial Mixed Use Level 1 C4 Commercial Use
(Central Area) Central Trading District
R4
South Residential (Central Area) High Density Multiple-Family Condominiums
Residential
East State Route 41 Not Applicable Freeway
Commercial Mixed Use Level 2 C-M
West (Central Area) Commercial-Light Commercial Warehouses
Manufacturing District
ENVIRONMENTAL FINDING
Pursuant to the Public Resources Code (California Environmental Quality Act (CEQA) - Section 21084)
and the CEQA Guidelines (Section 15301(k)), the division of existing multiple family rental units into
condominiums is categorically exempt from the requirement for the preparation of environmental
documents. A finding of a Categorical Exemption was filed with the City Clerk on November 6, 2003.
FRESNO CITY PLANNING COMMISSION
On January 7, 2004, the Fresno City Planning Commission considered the tract map and condominium
conversion application. Some concems were expressed by a resident of the apartment complex in
regards to the proposed price of the units and the association fees as proposed. The applicant responded
to the stated concems by indicating that the sales price and association fees were estimates but that the
housing market would set the sales price. After a full hearing, the Planning Commission unanimously
recommended approval to the City Council of Vesting Tentative Tract Map No. 5180 and the related
Condominium Conversion of the "Villa Santa Fe" apartments.
BACKGROUND/ANALYSIS
The applicant, United Development Group, Inc., has filed Vesting Tentative Tract Map No. 5180 and
condominium conversion application for the"Villa Santa Fe"apartment complex located on 9.55 acres of
property on the northeast comer of East Huntington Boulevard and "R" Street. Vesting Tentative Tract
Map No. 5180 would subdivide the"Villa Santa Fe"apartment complex into a one common lot subdivision.
The one common lot subdivision would allow for the sale of the individual air space to individual buyers
and would require that all buyers of residential air space share in common ownership of all buildings,
streets, open space, walls, etc., on the entire site.
The City's Condominium Conversion Ordinance (Article 9, Chapter 12, Fresno Municipal Code), adopted
on June 3, 1980,and substantially amended November 17,1981,establishes regulations for the conversion
of existing multiple family rental dwelling units to condominiums. The ordinance provides for twice yearly
review of applications by the Planning Commission with final action by the City Council. This condominium
conversion application is being considered during the review period which began December 1, 2003. The
REPORT TO THE CITY COUNCIL
`Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Tract Map No. 5180
February 10, 2004
Page 5
Lifetime leases for elderly tenants and extended leases for full time students is required and contained in
the submitted Tenant Relocation and Assistance Plan. Staff has determined that the applicant's proposed
Tenant Relocation and Assistance Plan together with the letter dated November 6, 2003, from United
Development Group, Inc., meet the requirements of Section 12-904(f) of the Condominium Conversion
Ordinance. The plan contains provisions which will alleviate any impact upon tenants which may be caused
by tenancy termination as a result of the conversion.
The tenant plan also indicates that the actual conversion of the project will not occur before the end of 2004.
In addition, the plan states that a full refund of the security deposit will be given to tenants forced to vacate
units which is in addition to the required two-month rent equivalent relocation fee.
Pursuant to the above-noted letter dated November 6, 2003, the applicant/owner has indicated that the
"Villa Santa Fe" has discontinued year-long leases for all new residents as of August 1, 2003, and all new
tenants are now signing either a six month rental agreement or a month-to-month rental agreement.
Tenants who have moved into the "Villa Santa Fen after the initial filing of the condominium conversion
application have signed, of their own accord, a Notice of Intent to Convert which notifies the prospective
tenant that the "Villa Sante Fe" is in the process of a condominium conversion.
The applicant has provided the City a Comparable Housing Availability Report which is available to all
tenants who may choose to leave the "Villa Santa Fen voluntarily or who are forced to relocate due to the
conversion process. This report, which is on file with the Planning and Development Department, provides
comparable rental housing availability within a reasonable proximity to the proposed condominium
conversion project. As previously noted, the"Villa Santa Fe"will offer relocation assistance to any tenant
affected by the sale of their unit to another phase of the project which is not scheduled for conversion or
will be offered relocation assistance to any other rental housing that the tenant may desire.
Consistency with Adopted Plans and Local Ordinance
Based upon the above analysis and subject to the conditions of project approval dated January 7, 2004,
the building standards and proposed Tenant Relocation and Assistance provisions of the"Villa Santa Fe"
condominium conversion project meet the ordinance criteria for approval of the project and the cumulative
effect of the proposed conversion upon the availability of rental units is not expected to be significant.
Vacancy rates for rental units in the surrounding area are approximately 4.68 percent. This figure is
indicative of a moderate number of rentals available in the area.
The City of Fresno has become one of the fastest growing cities in the state of California and condominiums
provide an alternative for affordable housing especially in the Central Plan Area which has not seen new
single family housing development for quite some time. The Central Area Community Plan has seen a
significant increase in commercial development but lacks the housing to support these new development
projects. The 2025 Fresno General Plan, Central Area Plan, and the Fresno City Housing Element identify
residential home ownership in condominium projects as an "affordable" housing alternative to individuals
that may prefer the benefits that come with condominium home ownership as opposed to paying rent for
a unit on a month-to-month basis.
The proposed conversion otherwise is considered consistent with the adopted policies of the 2025 Fresno
General Plan Housing Element relating to condominium conversions and to be in conformance with the
purposes of the city's Condominium Conversion Ordinance.
REPORT TO THE CITY COUNCIL
'Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Tract Map No. 5180
February 10, 2004
Page 7
The City's General Plan Housing Element contains policies related to condominium conversion generally
similar to the condominium conversion ordinance findings noted above. The 2025 Fresno General Plan and
Central Area Community Plan promote a diversified housing market which is necessary to encourage
residential development in the downtown area.
Staff concludes approval of the submitted condominium conversion application would be consistent with
city plans and policies related to condominium conversion in the Central Area Community Plan.
The Subdivision Map Act,Section 66427.1,further requires that the local legislative body(City Council)find
that all tenants have received a 60-day notice of intent to convert(which staff has verified). The state law
also requires that the Council find that each tenant and each person applying for rental of a unit has, or will
have, received all notices and rights required by state law (compliance mandated by city ordinance).
Further findings must be made at final map approval.
Additionally, State law provides that any subdivision application be denied if it is found that the site is
unsuitable,the natural environment will be damaged,there are problems related to public health and safety
or public easements, or that feasible energy conservation measures are not provided for. Staff concludes
approval of the application would be consistent with these findings.
The tentative tract map, subject to the recommended conditions of approval dated January 7, 2004,
complies with the design and property development standards of the Zoning Ordinance and local
Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of
project approval, staff has determined that these findings can be made.
Conditions of Approval
Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract
Map No. 5180 dated January 7, 2004.
Action by the Planning Commission regarding the condominium conversion application and the proposed
tentative tract map application will be a recommendation to the City Council.
R:\Common\Master Files-Tract Maps\Tract Map 5180 Condo Conversion\T-5180 Condo Conversion Rpt to Council 2-10-04.wpd
Attachments: Vicinity Map
Vesting Tentative Tract Map No. 5180 dated November 20, 2003.
Conditions of Approval for Vesting Tentative Tract, No. 5180 dated January 7, 2004
Parks Department memorandum dated August 14, 2003
Fire Department memoranda dated August 14, 2003, and December 11, 2003
Environmental Assessment No. T-5180 issued on November 6, 2003
Planning Commission Resolution No. 11939
City Council Ordinance Bill
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
January 7, 2004
"VILLA SANTA FE" CONDOMINIUM CONVERSION APPLICATION
VESTING TENTATIVE TRACT MAP NO. 5180
Northeast corner of East Huntington Boulevard and R Street
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno
Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific
conditions are applicable to this vesting tentative map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the
imposition of fees, dedications, reservations or exactions for this project are
subject to protest by the project applicant at the time of approval or
conditional approval of the development or within 90 days after the date of the
imposition of the fees, dedications, reservations or exactions imposed on the
development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Map No. 5180 entitled "Exhibit A," dated
November 20, 2003, the subdivider may prepare a Final Map in accordance with the
approved tentative map.
2. Final map documents to be submitted to the Planning and Development Department in
accordance with the California Civil Code, Section 1351: (1) a description or survey map
(one-lot subdivision) ared in accordance with approved Tentative Tract No. 5180,dated
November 20, 200 (2) iagramatic floor plans (condominium plan); and (3)' certificate 7
consenting to the re dation of such plans. Said documents to be record concurrently.
3. Proposed Declaration of Covenants, Conditions, and Restrictions (CCR's) and the
proposed instruments for the owners's association for the proposed project to be submitted
to the Planning and Development Department for review prior to final map approval. Said
documents to be recorded with the final map or alternatively prior to final acceptance of
subdivision improvement. Said documents shall also include assignment of responsibility
to the owner's association for maintenance of on-site sewer and_ water_ systems an
landscapin a oT n abutfinpublic streets, information required by Section 1L 904_h of the
resno Municipal Code and other provisions as stated in the Development Department
Guidelines for preparation of CCR's dated January 11, 1985.
4. The applicant's proposals with respect to tenant relocation and assistance, physical
condition of the project at the time of sale, and sales policy, as submitted in accordance
CONDITIONS OF APPROVAL
"Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Map No. 5180
Page 3
January 7, 2004
Concurrent with the filing of a Final Map and when the provisions of Section 66436 of the
Subdivision Map Act(SMA) apply, the subdivider shall be responsible to send, by certified
mail, a sketch of the proposed Final Map together with a copy of Section 66436(a)(3)(A)of
the Subdivision Map Act to any public entity or public utility that has previously acquired a
right-of-way or easement.
13. Complywith the conditions, policies and standards set forth in the City of Fresno, Municipal
Code,Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City
Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002
Edition, and any amendments thereto.
14. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street
improvements and other grading and construction; street trees, street signs, water service,
sewering,and inspections in accordance with the City of Fresno Master Fee Schedule(City
Resolution Nos. 79-606 and No. 80-420)and any amendments, modifications, or additions
thereto;and in accordance with the requirements of state law as related to vesting tentative
maps.
15 The subdivider shall furnish to the city acceptable security to guarantee the construction of
the off-site street improvements in accordance with all applicable provisions of the Fresno
Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the
public improvements prior to the approval of the Final Map by the city. If, at the time of
Final Map approval, any public improvements have not been completed and accepted in
accordance with the standards of the city, the subdivider may elect to enter into an
agreement with the city to thereafter guarantee the completion of the improvements.
16. As a condition of Final Map approval, the subdivider shall furnish to the city a subdivision
guarantee listing all parties having any right, title or interest and the nature of their interest
per state law.
17. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps,"any multiple final
maps filed by the subdivider on this tract shall fully and independently conform to all
provisions of Fresno Municipal Code, Chapter 12, Article 10, Subdivision of Real Property.
18. The developer/owner shall obtain any and all permits required for the removal or demolition
of any existing building or structure located within the subdivision boundaries. The
developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
19. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
CONDITIONS OF APPROVAL
"Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Map No. 5180
Page 5
January 7, 2004
22. The developer/owner shall comply with the requirements in the attached memorandum from
the Parks Division dated August 14, 2003, for Vesting Tentative Tract Map No. 5180.
FIRE SERVICE
23. All apartment buildings with 16 or more units shall have a fire alarm system installed.
Uniform Fire Code Section 1006.2.9.1, Uniform Building Code Section 310.10.
24. Each apartment unit shall be provided with a smoke detector in each bedroom and in the
hallway serving the bedrooms. Uniform Fire Code Section 1006.2.9.2, Uniform Building
Code Section 310.9.1.3.
25. The subdivider shall comply with the attached memorandum from the Fire Department
dated August 14, 2003.
STREETS AND RIGHTS-OF-WAY
26. All required signing and striping shall be done by, and paid for, by the developer/owner.
Signing and striping plans shall be prepared per current California Department of
Transportation standards and shall be submitted along with the street construction plans
for Vesting Tentative Tract Map No. 5180 to the Transportation Section of the Public Works
Department for review and approval.
27. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the tract.
Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.),
a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American
Disabilities Act requirements. If necessary, dedicate a pedestrian easement to
accommodate for the 4-foot minimum unobstructed path requirement.
28. All of the required street improvements shall be constructed and/or installed in accordance
with the City of Fresno Standard Specifications (2002 Edition).
29. The subdivider shall install all existing and proposed utility systems underground in
accordance with Fresno Municipal Code Section 12-1011(H),Section 8-801,and Resolution
Number 78-522 and 88-229.
Frontage Improvement Requirements
East Huntington Boulevard
30. Concrete curb, gutter, a 10 foot residential sidewalk pattern, and underground street
lighting system exist wit m .
31. Repair all damaged and/or replace off-grade concrete street improvements as determined
by Construction Management.
CONDITIONS OF APPROVAL
"Villa Santa Fe" Condominium Conversion Application
Vesting Tentative Map No. 5180
Page 7
January 7, 2004
DEVELOPMENT FEES AND CHARGES
37. This project is subject to the following development fees and charges:
SEWER CONNECTION CHARGES FEE RATE
A. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth)
B. Oversize Charge $0.05/sq. ft. (to 100-foot depth)
C. Trunk Sewer Charge n/a
D. Wastewater Facilities Charge S.T.E.P
'Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to
the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater
Division, Environmental Services Section(559-621-5153).
E. House Branch Sewer Charge n/a
F. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
G. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by
owner; fee for service(s) and
meter(s) established by the
Master Fee Schedule
H. Frontage Charge $6.50/lineal foot
I. Fire Hydrant Charge $0.75/100 square feet
(to 250-foot parcel depth)
J. Transmission Grid Main Charge $560/gross acre
K. Transmission Grid Main Bond Debt $243/gross acre
Service Charge
These fees and charges are due as a condition of Final Map approval. At the option of
the subdivider, the payment of certain fees and charges may be deferred to the time of
issuance of a Certificate of Occupancy pursuant to a covenant in accordance with the
provision of Fresno Municipal Code Section 12-4.604.
K:\Master Files-2003\Tract Map 5180 Condo Conversion\T-5180-COA.wpd
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
TO: Paul Bemal, Planner 11
Planning Division
FROM: Nancy Morrison,Parks Planning Coordinator, (621.2927)
DATE: August 14, 2003
Subject: Vesting Tentative Map T-5180, Located on the East side of R Street between Huntington
Boulevard and Tulare Street.
The Parks Department has reviewed the Tentative Subdivision Map proposed by United Development
Group, Inc. on engineering drawing§plans prepared by RABE Engineering, Inc.,dated June 6, 2003. The
Parks Division offers the following comments regarding the street tree, and buffer/parkway strip conditions
1. STREET TREE REQUIREMENTS
A. Street trees shall be planted at the rate of on tree for each 24'of street frontage. The subdivider
is required to provide street trees on all public street frontages. The subdivider is required to
provide automatic irrigation for all street trees. The irrigation requirements shall comply with FMC
12-306-N-23.
B. The street tree species are designated for the following right-of-way:
Huntington Blvd. Ulmus parvifolia,(Chinese Evergreen Elm)
R Street Pistacia chinensis, (Chinese Pistache)
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City of
1�RRl!
4, coos
rFre Department
Bureau of Fire Preventlon and Fre Investigative Services ti Michael E. Smith
450 M street Fre Chief
Fresno. Califomla 83721-3083
559-821-4000 FAX#559-498.4323
www.fresno.gov
August 14, 2003 Please reply to:
C Ef I ,t" D Randi L. Eisner
Senior Fire Prevention Inspector
(559) 621-4000
DEVELOPMENT DEPARTMENT
Huntington Blvd LLC CITY OF FRESNO
P. O, Box 9440
Fresno, CA 93792
SUBJECT: 2881 AND 2909 EAST HUNTINGTON - FIRE ALARM SYSTEM
REQUIREMENTS, OCCUPANCY NO. 29701
A Condominium Conversion Investigation Report was completed on April 17, 2003, by the
City of Fresno. The Fresno Fire Department's requirements stated that all apartment
buildings with 16 or more units shall have a'fre alarm system installed. This requirement
was in effect when the buildings were constructed. The alarm systems weTanever installed
with the original construction at 2881 East Huntington, and the alarm systems installs a
2909 East Huntington were not in compliance with the code requirements at the time of
construction.
Earlier this year, the Fire Department was contacted regarding the removal of the alarm
system at 2909 East Huntington. The Fire Department explained to the owner's
representative that the alarm system needed to be restored. Unfortunately, at that time,the
Fire Department was not aware that the system that needed to be restored was not an
approved system. The requirement for a fire alarm system is a life safety code requirement,
and therefore, it must be enforced, Uniform Fire Code, Section 1006.2.9.1. Reference
Uniform Building Code, Section 310.10.
Please accept this:letter as an official Fresno Fire Department Notice to comac t the above
listed deficiencies immediately. It is this department's determination that a period of 30 days
shall constitute adequate time to make the necessary corrections. A reinspection will be
made at that time.
It should be noted that pursuant to Fresno City Council Resolution No. 80-420, a
reinspection fee is charged for each reinspection based on the original notice of correction.
There is a charge of$208 for the first reinspection. Charges for subsequent reinspections
are $53.
12/22/2003 18:44 15594325724 JOHN H FROST AIA PAGE 02
Cityof SIT
Fire Department
Bureau of Fire Prevention and Fire investigative Services Randy R. Bruegman
450 M Street Fire Chief
Fresno. Cellfornie 93721-3083
559-621-4000 FAX 1559-498-4323 f-D
www.fresno.gov
December 11, 2003
John Frost, Architect
5477 North Fresno, #5
Fresno, CA 93710
Dear Property Owner(s):
SUBJECT. 2881 and 2909 EAST HUNTINGTON BLVD. - FIRE ALARM SYSTEM
REQUIREMENTS
The Fresno Fire Department received your letter dated November 16, 2003, regarding the
fire alarm system requirements at the above referenced location. We agree with your
synopsis about the buildings. The 1979 Edition of the Uniform @uiiding Code, Section
505(4) states each portion of a building separated by area separation wall may be
considered a separate building. Buildings 2, 4, 10, and 12 at 2881 E. Huntington do not
have over 16 units due to the area separation wall. Each side of the area separation
contains eight units, therefore, a fire alarm system is not required.
The buildings at 2909 E. Huntington do not have the area separation walls, and according
to your letter, you acknowledge the fire alarm system is required in Buildings 3, 5, and 6.
The fire department appreciates your effort in confirming what exists at this location. We
look forward to working with you in completing the needed fire protection in the buildings.
If you have any questions, please feel free to call our office at (559) 621-4000.
Sincerely,
Randi L. Eisner, Senior Fire Prevention Inspector
aif
2881 a 2909 E Hunurpbon
/ Ili
JOHN H. FROST, AIA ARCHITECT
November 18, 2003
Mike Schmidt, Supervising Fire Prevention Inspector
Randi L. Eisner, Senior Fire Prevention Inspector
City of Fresno
Bureau of Fire Prevention and Fire Investigative Services
450 M Street
Fresno, CA 93721
Re: Condominium Conversion & Fire Alarm System for:
Viffa Santa 'Fe Apartments
2881 and 2909 E. Huntington Blvd.
Fresno, CA
Dear Mr. Schmidt and Ms. Eisner,
This letter is responding to your August 14, 2003 letter to Huntington Blvd LLC requesting
the installation of a fire alarm system in all apartment buildings with 16 or more units.
There are seven buildings with 16 units at the referenced apartment complex. Four of these
buildings are on the 2881 E. Huntington address side and three of these buildings are on
the 2909 E. Huntington address side. The four buildings (Buildings 2, 4, 10 & 12) at the
2881 address have bonafide "Area Separation" walls as shown on the attached Location
Plan (A-1). The three buildings (Buildings 3, 5 & 6) on the 2909 address side have "Party
Walls" but do not have "Area Separation" walls at similar locations, as shown on the
attached Location Plan.
This letter is requesting that each of the four buildings, on the 2881 E. Huntington side, with
the "Area Separation" walls be considered separate buildings as allowed by the governing
codes at the time of construction. The fire alarm system would therefore not be required at
any of the 2881 E. Huntington buildings.
This letter intends to acknowledge that a fire alarm system would be required on the three
buildings on the 2909 E. Huntington side.
I personally inspected all seven buildings and found "Area Separation" walls at the four
buildings at the 2881 address. Portions of the "Area Separation" walls were not visible for
inspection, but the same wall and roof protection was found at every location inspected
(some areas had loose drywall tape).
Thank you.
Respectfully,
John H. Frost, AIA
JHF:Iaf
5477 N. FRESNO STREET • SUITE#005 • FRESNO, CALIF. 93710
FAX(559)432-5724 (559)432-3630 JHFAIA@MINOSYNC.COM
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. T-5180
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: United Development Group, Inc.
9252 Chesapeake Drive, Suite 100
San Diego, California 92102
PROJECT LOCATION: Northeast corner of East Huntington Boulevard and R Street.
PROJECT DESCRIPTION: United Development Group, Inc. has submitted Vesting Tentative Tract
Map No. T-5180 which will subdivide the "Villa Santa Fe" Apartment
Complex into a one common lot condominium map. The one-lot
condominium map will allow for the sale of 220 units for individual
airspace ownership. The condominium conversion is consistent with the
land use and circulation elements of both the 2025 General Plan and the
Central Area Community Plan.
This project is exempt under Section 15301(k)/Class 1 of the California Environmental Quality Act
(CEQA) Guidelines.
EXPLANATION: Section 15301(k)/Class 1 exempts from the provisions of CEQA the
division of existing multiple family or single-family residences into
common-interest ownership and subdivision of existing commercial or
industrial buildings, where no physical changes occur which are not
otherwise exempt. The proposed condominium conversion as described
meets the criteria noted above.
Date: November 5, 2003
Prepared By: Paul al, Planner
o
c� = Submitted by:
W w Gilbert J. Haro
n- Planning Manager
City of Fresno
LLJU I ,;� Planning and Development Department
(559).621-8277
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K:\PaulsFolder\T-5180-EA-CAT.wpd
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11939
The Fresno City Planning Commission at its regular meeting on January 7, 2004, adopted the following
resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and
the Municipal Code of the City of Fresno.
WHEREAS, Vesting Tentative Tract Map No. 5180 (The Villa Santa Fe Condominium Conversion) was
filed with the City of Fresno and proposes to subdivide the 220 unit"Villa Santa Fe"apartment complex
into a one common lot condominium subdivision on 9.55 acres of land located on the northeast comer
of East Huntington Boulevard and "R° Street; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on January 7, 2004, to
review the proposed subdivision and considered the staff report and invited testimony with respect to
the proposed subdivision, and concluded that the tentative tract map is consistent with the 2025 Fresno
General Plan, Central Area Community Plan, and is in conformance with the purposes of the
Condominium Conversion Ordinance; and,
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project subject to all conditions of approval contained in the staff report dated January 7, 2004; and,
WHEREAS,the Planning and Development Department staff read into the record that Condition No.25
contained in the Conditions of Approval dated January 7, 2004, shall be modified as noted below; and,
WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no
substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5180 may have a
significant effect on the environment as identified by the finding of Categorical Exemption issued on
November 6, 2003, prepared for Environmental Assessment No. T-5180.
NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that approval
of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with
the adopted 2025 Fresno General Plan, Central Area Community Plan, the findings required pursuant
to Section 66410 et. seq. of the Government Code, and is in conformance with the purposes of the
Condominium Conversion Ordinance of the City of Fresno.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5180 (The Villa Santa Fe Condominium Conversion) subject to the Planning
and Development Department Conditions of Approval dated January 7, 2004, modified as follows:
Condition No. 25 is modified to read:
The subdivider shall comply with the attached memorandum from the Fresno Fire
Department dated August 14, 2003, as modified by the memorandum dated
December 11, 2003.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
CONDITIONALLY APPROVING VESTING TENTATIVE TRACT
NO. 5180 (THE VILLA SANTA FE CONDOMINIUM CONVERSION)
The Fresno City Council, at its regular meeting on February 10, 2004, adopted the following
resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and
the Municipal Code of the City of Fresno.
WHEREAS, Vesting Tentative Tract Map No. 5180 (The Villa Santa Fe Condominium
Conversion) was filed with the City of Fresno and proposes to subdivide the 220 unit "Villa Santa Fe"
apartment complex into a one common lot condominium subdivision on 9.55 acres of land located on
the northeast comer of East Huntington Boulevard and "R" Street; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on January 7,
2004, to review the proposed subdivision and considered the staff report and invited testimony with
respect to the proposed subdivision, and concluded that the tentative map is consistent with the 2025
Fresno General Plan, Central Area Community Plan, and is in conformance with the purposes of the
Condominium Conversion Ordinance of the City of Fresno and recommended its approval; and,
WHEREAS, the Planning and Development Department staff recommended approval of the
proposed project subject to all conditions of approval contained in the staff report dated January 7,
2004; and,
WHEREAS, on February 10, 2004, the Fresno City Council held a public hearing to consider
Vesting Tentative Tract Map No. 5180 and received both oral testimony and written information
presented at the hearing regarding the proposed conversion of the "Villa Santa Fe" apartments to a
condominium project.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Council hereby finds and
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract
Map No. 5180 may have a significant effect on the environment as identified by the Categorical
Exemption issued on November 6, 2003, prepared for Environmental Assessment No. T-5180.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
day of , 2004, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Att y
By
Deputy
Vesting Tentative Tract Map No. T-5180 (The Villa Santa Fe Condominium Conversion)
Filed by United Development Group, Inc
Assessor's Parcel No. 468-101-22, 468-071-25
KAMaster Files-Tract Maps\Tract Map 5180 Condo Conversion\T-5180 CC Reso 2-10-04.wpd
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File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Alan Kawakami, Chief Engineering Tech.UNITED DEVELOPMENT GROUP,INC.
Development Services Department 9252 CHESAPEAKE DR- ,STE. 100
City of Fresno SAN DIEGO,CA 92123
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5180 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " II3 - " DRAINAGE AREA it I13 " $0.00
DATE 08/12/03 DRAINAGE AREA " -
TOTAL FEE $0.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The
District in cooperation with the City and County has developed and adopted the Storm 0
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee. co
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
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e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. X a. Drainage from the site shall be-diFeeted-to remain as existing.
b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
Grading Plan Storm Drain Plan Final Map
Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No,2.
5. The proposed development:
X Appears to be located within a X 500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy
Does not appear to be located within a flood prone area.
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FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits)require developers m4
of construction projects disturbing five or more acres, and discharges associated with industrial
activity not otherwise exempt fiom National Pollutant Discharge Elimination System (NPDES)
permitting,to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction,and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing,grading, and disturbances to the ground
that result in soil disturbance of at least one acre(or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control
Board(State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees O
in permit compliance, and complete an annual certification of compliance. 0
i
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District OfEce.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification(SIC)code. The following categories of industries
are generally required to secure an industrial permit:manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board,
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c. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District maybe appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
S. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments,recommendations and requirements.
Gerald E. Lakeman, District Engineez Project Engineer: Jamie Miller
C: BABE ENGINEERING, INC.
2021 N. GATEWAY BLVD.
FRESNO, CA 93727
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OTHER REQUIREMENTS
EXHIBIT NO.2
There is an existing twenty-foot (20') storm drain easement within Tract 5180. No
encroachments into the easement shall be permitted including, but not limited to, foundations,
roof overhangs, swimming pools, and trees.
Development No. "Tract 5180
cngrlpcmit\cxhibits2ltructS\SI KO(jm)
Street Name Review
FM-5180 3-15-04
Street Name Status Required Change
Tulare Street Good
Huntington Boulevard Chane East Huntington Boulevard
R Street Good