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HomeMy WebLinkAboutT-5342 - Conditions of Approval - 3/17/2005 ■ CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL December 15, 2004 "EMERALD ESTATES" CONDOMINIUM CONVERSION APPLICATION .VESTING TENTATIVE TRACT MAP NO. 5342 East side of South First Street between East Platt Avenue and East Tulare 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 tract 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 Tract Map No. 5342 entitled "Exhibit A," dated June 1, 2004, 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 California Civil Code, Section 1351: (1) a description or survey map (one-lot subdivision) prepared in accordance with approved Tentative Tract No. 5342, dated June 1, 2004; (2) diagrammatic floor plans (condominium plan); and (3) certificate consenting to the recordation of such plans. Said documents to be recorded concurrently. 3. Proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the owner'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 and.landscaping along abutting public streets, information required by Section 12-904-h of the Fresno Municipal Code and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. CONDITIONS OF APPROVAL "Emerald Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 2 of 10 December 15, 2004 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 with Section 12-904 of the Fresno Municipal Code, shall be conditions of project approval as provided in Section 12-911, except where such proposals conflict with or do not meet the minimum requirements of Article 9 of Chapter 12 of the Fresno Municipal Code (Condominium Conversion Ordinance), the minimum code requirements shall apply. 5. The applicant shall provide identification of equipment, operability of equipment and appliances, and applicable warranties in accordance with Section 12-907-d of the Fresno Municipal Code. 6. Comply with the requirements of the Change of Use/Occupancy Investigation Report dated July 1, 2004. 7. Applicant shall provide 60 cubic feet of storage space for each unit in order to meet the requirements of the Fresno Municipal Code, Section 12-907-c-2. 8. Applicant shall provide additional washers and dryers in the common laundry areas to meet the minimum required ratio of one washer/dryer for each five units or fraction thereof pursuant to Fresno Municipal Code, Section 12-907-c-3. 9. The number of trees will be determined by the following formula: a. Section 12-306N-24-g-3 of the Fresno Municipal Code requires one medium size tree (30 — 60 feet at maturity) for each parking space, plus one medium sized tree for each residential unit. Thus a total of 295 trees are required per the following: i. 177 parking spaces = 177 medium sized trees ii. 118 residential units = 118 medium sized trees Total = 295 medium sized trees required on site 10. Identify and list the number of exiting trees located on the subject property. 11. Provide shade calculations on the landscape plan for parking lot shading in accordance with the attached Parking Lot Shading Policy, including tree species and tree counts. 12. Provide sufficient trees in the parking lot area to provide 50 percent shading of the parking area surface within 15 years. (This requirement may be reduced to 40 percent for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standards.) Trees shall also be planted in the required _ landscaped area along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way. Refer to the attached "Performance Standards for Parking Lot Shading,"for the tree list and further details. 13. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. CONDITIONS OF APPROVAL "Emerald Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 3 of 10 December 15, 2004 14. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division. 15. Prior to final inspection, a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. 16. The Physical Elements Report for the Emerald Estates dated May 28, 2004 indicates that there are a total of 149 spaces of which 106 are covered spaces and 43 are open spaces. When there are more than two dwelling units on a single lot there shall be one and one-half parking.spaces for each dwelling unit, one of which shall be in a carport or garage (Section 12-306-1-6(d) of the FMC). a. . 118 units x 1.5 = 177 parking spaces 1.7. Provide an additional 28 parking stalls; 12 parking stalls will be covered parking, 16 parking stalls will be uncovered. Exhibit"A" dated June 1, 2004, depicts 146 parking spaces. 18. The parking lot design must accommodate the provision of trees in accordance with the attached Parking Lot Shading Policy. 19. A minimum of 6 automobile handicap parking spaces are required for the proposed apartment complex per State of California Building Code, "Development Requirements for Handicapped Accessibility". 20. All handicapped stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. 21. All handicapped parking stalls shall be placed adjacent to facility access ramps or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. 22. Lighting where provided to illuminate parking, sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works. Depict all proposed lights on the site plan. 23. Submit revised project plan and/or construction plans for required on-site modifications (storage space, parking, walls, landscaping) to the Planning and Development Department for approval prior to final map approval. Site modifications to be constructed and inspected by the Planning and Development Department prior to Final Map approval, or alternatively, may be guaranteed by agreement and security as provided by the Fresno Municipal Code Section 12-907-a CONDITIONS OF APPROVAL "Emerald Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 4 of 10 December 15, 2004 24. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to the approval of the Solid Waste Manager. 25. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Planning and Development Department for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the city prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 26. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to he City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. Concurrent with 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 easement. 27. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 66-187, "City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 28. 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. ■ CONDITIONS OF APPROVAL "Emerald Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 5 of 10 December 15, 2004 29. 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. 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. 30. 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. 31. 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 to 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. 32. 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 to tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 33. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall immediately be contacted (contact phone number during business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriffs Department). If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologist. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the city as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologists determines the material to be significant, a recommendation shall be made to the city as to any further site investigation or preservation measures. CONDITIONS OF APPROVAL "Emerald Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 6 of 10 December 15, 2004 34. Apportionment of Special Assessment: If, as partof this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any state or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment of pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel, or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and, C. Written consent of the owner(s) of each lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. PARK SERVICE 35. Street trees shall be planted along all public street frontages. The subdivider is required to provide automatic irrigation for all street trees. The irrigation requirements shall comply with Fresno Municipal Code Section 12-306-N-23. 36. The developer/owner shall contact the Fresno Public Works Department at 559-621-8690 (Nancy Morrison) for the street tree requirements. FIRE SERVICE 37. All openings in the perimeter of the building shall be accessible from within 150 feet of a public street or private drive. 38. Roll gates used for access must open to a 20 foot minimum opening. 39. Identify fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3 inch white letters every 50 feet or approved signs every 50 feet. 40. All gates on common access drives shall be equipped with approved Fire/Police bypass locks. Gates/fences shall not obstruct the minimum width required for fire lanes. Walk gates used for access shall require Fire/Police bypass locks. CONDITIONS OF APPROVAL "Emerald Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 7 of 10 December 15, 2004 SOLID WASTE 41. Developer shall construct 3 solid waste trash enclosures, built to the current specifications in the same locations that currently exist for the trash bins. Enclosures are to face north and shall be accessible from the alley. STREETS AND RIGHTS-OF-WAY 42. 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. 5342 to the Transportation Section of the Public Works Department for review and approval. 43. 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 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. 44. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 45. 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 Nos. 78-522 and 88-229. 46. Comply with the requirements of the attached Public Works Department, Engineering Division memorandum dated October 1, 2004. North First Street 47. Dedicate an easement and construct a handicap ramp at the northwest corner of North First Street and East Platt Avenue. 48. Dedicate an easement and rights-of-way for public street purposes as shown on Exhibit C. 49. Relinquish direct vehicular access rights to South First Street from all lots within this subdivision. SANITARY SEWER SERVICE 50. An 8-inch sanitary sewer main exist in East Platt Avenue to serve the proposed subdivision. The following conditions area required to provide sanitary sewer service to the tract: a. There are no requirements for sanitary sewer service. CONDITIONS OF APPROVAL "Emerald Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 8 of 10 December 15, 2004 WATER SERVICE 51. A 12-inch water main exists in South First Street and an 8-inch water main exists in East Platt Avenue to serve the proposed subdivision. The following conditions are required to provide water service to the tract: a. The proposed condominiums shall remain on the existing master water metered services. b. Landscape, domestic water, and fire service charges shall be included in association fees. PUBLIC WORKS DEPARTMENT 52. Dedicate an easement for temporary construction purposes as shown on Exhibit D. 53. Comply with the Public Works Department memorandum dated August 18, 2004, relating to the Community Facilities District. FLOOD CONTROL AND DRAINAGE 54. The subdivider shall be required, to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 55. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements, which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated August 19, 2004. DEVELOPMENT FEES AND CHARGES 56. This project is subject to the following development fees and charges: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE a. Metropolitan Flood Control District Fee $21,753.00 SEWER CONNECTION CHAGRES FEE/RATE b. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) C. Oversize Charge $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge N/A Service Area e. Wastewater Facilities Charge S.T.E.P. CONDITIONS OF APPROVAL "Emerald Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 9 of 10 December 15, 2004 `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). f. Copper Avenue Sewer Lift Station Charge N/A g. Fowler Trunk Sewer Interim Fee Surety N/A h. House Branch Sewer Charge N/A i. Millbrook Overlay Sewer N/A WATER CONNECTION CHARGES FEE/RATE j. 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 k. Frontage Charge $6.50/linerar foot I. Transmission Grid Main Charge $560/gross acre m. Transmission Grid Main Bond Debt $243/gross acre Service Area: n. UGM Water Supply Fee N/A Service Area: o. Well Head Treatment Fee NIA Service Area: p. Recharge Fee N/A Service Area: q. 1994 Bond Debt Service N/A Service Area: DEVELOPMENT IMPACT FEE r. Northeast Fresno Policing Area N/A URBAN GROWTH MANAGEMENT FEE RATE/CHARGE"` S. UGM Fire Station Capital Fee N/A Service Area CONDITIONS OF APPROVAL "Emerald Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5342 Page 10 of 10 December 15, 2004 t. UGM Park Fee N/A Service Area: U. Major Street Charge NIA Service Area: V. Major Street Bridge Charge N/A Service Area: w. Traffic Signal Charge N/A X. UGM Grade Separation Fee N/A y. Trunk Sewer Charge N/A Service Area: Z. *Street Acquisition/Construction Charge N/A aa. Trunk Sewer Charge File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Nq Mr. Gil Haro, Planning Manager UNITED DEVELOPMENT GROUP, INC. Planning & Development Department 9252 CHESAPEAKE DRIVE, STE. 100 City of Fresno SAN DIEGO, CA 92123 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5342 PRELIMINARY FEE(S) (See below) N DRAINAGE A A(S) " II3 - " DRAINAGE AREA II3 $21,753.00 DATE pj t9 DRAINAGE AREA - - TOTAL FEE $21,753.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z 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. 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 auainst the drainage fee obligation. s;a_ 5469 E.OLIVE - FRESNO, CA 93727 - (559)456-3292 - FAX(559)456-3191 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 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 d4eete t- 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. ?. 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: Appears to be located within a 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 X Does not appear to be located within a flood prone area. 534" 5469 E.OLIVE - FRESNO.CA 93727 (559)456-3292 - FAX (559)456-3194 Two sideddocument 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 of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from 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. 0 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 Z Board (State Board), develop and implement a storm water pollution prevention plan, _eliminate non-storm water discharges, conduct routine site inspections,train employees 0 in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) 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. s;a_ 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3104 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 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 may be 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. 8. 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 equirements. Gerald E. LakemaK, Project Engineer: Rick a s. District Engineer, Assistant General Manager C: RABE ENGINEERING, INC. 2021 N. GATEWAY BLVD. FRESNO, CA 93727 53,42 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX (559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. Development No. Tract 534? ell 2nperm it\exhibitsNmetU_42(d) City of Planning & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8200 FAX (559) 488-1020 CHANGE OF USE INVESTIGATION Date: July 1, 2004 SUBJECT: CHANGE OF USE INVESTIGATION APPLICATION NO. 04-5670 Subject Address: 3011 -+ 3057 E. Platt 208 -+ 210 N. Callisch From Occupancy Group: R-1 (Apartments) To Occupancy Group: R-1 (Condominiums) APN Number: 468-390-44 The Change of Occupancy Investigation which you recently requested has been completed. The results are summarized in this report. Should you have any questions concerning comments or requirements contained herein please feel free to contact the appropriate section(s). The 2001 California Building Standards Codes are applicable to this project(also refer to the City of Fresno amendments to the State codes). These State codes incorporate the following model codes. The Uniform Building Code (UBC) 2001 Edition The Uniform Plumbing Code (UPC)2001 Edition The Uniform Mechanical Code (UMC) 2001 Edition The National Electrical Code (NEC) 1999 Edition The Uniform Fire Code (UFC)2001 Edition GENERAL INFORMATION The change of occupancy investigation concludes that the proposed building use is permitted provided that the building complies with,or is altered to comply with, all current state codes and local amendments of the City of Fresno, and all requirements of the City Zoning Ordinance. Any deviation(s)from such existing codes, amendments or ordinances must be pre-approved by the Building Official or the Development Department Director. Page 1 of 4 This building is not to be occupied or used for any purpose other than its approved use until appropriate permits are taken out and required work is completed, inspected and approved. 1. Proper permits must be obtained and all applicable fees paid before any work is initiated. 2. To obtain permits, submit complete plans, calculations and submittal to the Development Department for plan review and approval. Plans must address each item on this report and show in detail existing and proposed work, and how the work complies with all applicable code requirements. Plans, calculations and submittal must be prepared by an architect,civil engineer or structural engineer licensed to practice in the State of California. Contact Building and Safety Services if you have any further information or details(559-621-8082). 3. This list does not necessarily include all possible deficiencies for the change of occupancy. During the period of alterations or plan review, additional conditions may be discovered that will required further changes due to existing and/or non-observable construction conditions. ZONING REQUIREMENTS (621-8277) 1. Apply for a Conditional Use Permit for condo conversion and subdivision map BUILDINGILIFE-SAFETY REQUIREMENTS (621-8120) 1. See attached Fire Department Requirements. 2. Install minimum 12" high address on each building. 3. Provide weather-resistive surface on all exposed stair landings. 4. Install addressing monument at main entry. FIRE REQUIREMENTS(621-4000) 1. The eastern most drive access gate on"Platt"does not open with the fire department key box. Repair immediately and check all drive access gates for function. 2. A number of man-gates were noted to be welded shut. Submit scaled site plan for review of emergency access requirements. Note: "Fire Department Access"signs were previously located on the required drive access gates along the north alley fence. These signs are missing and will be required to be replaced. 3. Install smoke detectors in ALL bedrooms. 4. Relocate or add "parking restrictions signs"to be visible upon driving into the complex(all driveways). 5. All required fire lanes shall be designated by painting the curb top and face red and by stenciling"Fire Lane" (in 3" white letters)at least every 50'or portion thereof. 6. Management shall maintain all fire lanes clear and unobstructed at all times and have violators towed if necessary. Page 2 of 4 7. Provide portable fire extinguishers,class 2A: IOB:C minimum,to be accessible within 75' travel distance from all portions of the buildings(including laundries). 8. Remove combustible debris (tree branches, etc.)from the roof of 3011, 3013, etc. E. Platt. STRUCTURAL/GRADING REQUIREMENTS(621-8082) 1. Due to the increase in hazard group,the structure shall be evaluated by an architect or engineer to determine the suitable of the structure for the proposed use. Increase in occupant loads and/or seismic risk shall be included in the evaluation. PLUMBING AND MECHANICAL REQUIREMENTS(621-8142) Plumbing or mechanical permits must be obtained from the Development Department by a licensed, bonded plumbing contractor prior to repair or correction of any plumbing and mechanical deficiencies. Plumbing Requirements I. Provide gas test on all gas lines that have been added after original plumbing installation without inspection. 2. Sink installation. 3. Tub/shower installation. 4. Valve installation. 5. P-trap installation. 6. Water closet installation. 7. Hot water heater installation. 8. Water/sewer pipe installation. Mechanical Requirements 1. Heating/cooling duct work. 2. Exhaust fan installation. 3. Heating/cooling unit installation. ELECTRICAL REQUIREMENTS (621-8134) 1. Properly install conductors/conduit to outdoor lighting. 2. Properly install conductors/conduit to A/C units. Page 3 of 4 3. Properly label all electrical panels-main services. Page 4 of 4 City of JErb DATE: October 1, 2004 TO: Planning and Development Department, Planning Division FROM: Public Works Department, Engineering Division SUBJECT: Conditions of Approval for (Also refer to T5342) PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on- site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to David Padilla at (559) 621-8798 / David.Pad illa0fresno.Qov or Greg Jenness at (559) 621-8812 / Greg.Jenness(cbfresno.gov Engineering Division, Traffic Planning Section. TRAFFIC IMPACT STUDY A Traffic Impact Study is not required, based on a decrease of land use intensity (apartments to condominium). STREET DEDICATIONS AND ENCROACHMENT PERMITS Identify all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc. within the public right of way. Also, identify the required 4-foot minimum path of travel along the public sidewalk directly in front of property, .as required by the California Administration Code (Title 24). A pedestrian easement may be required if Title 24 requirements cannot be met. Dedicate property along First Avenue and the alley for public street purposes. Dedicate a corner cut for public street purposes at First Avenue and Platt Avenue for a standard handicap ramp. The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts / Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approvedrp for to Issuance of building permits. Page 1 of 2 1011/2004 GASite Plan Requirements\C-04-138.doc STREETIMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian and utility easements) requires a STREET WORK PERMITrp for to commencement of work. Contact the Public Works Department, Engineering Services Section at(559) 621-8686 for detailed information. All required street improvements must be completed and accepted by the cityrp for to occupancy. Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division, (559) 621-5500. Remove abandoned (existing driveway approaches not identified for utilization) or reduce excessive width driveway approaches as noted on Exhibit "A", and install sidewalk, curb and gutter per Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade. Install wheel chair ramp at locations noted on Exhibit "A". Install streetlights, served underground, on all frontages to City Standards. The Public Works Department Engineering Division, (559) 621-8800, prior to street light installation, must approve street lighting plans. Plans shall be prepared by a registered Civil Engineer. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 62.1-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. OFF-STREET PARKING FACILITIES AND GEOMETRICS Off-Street parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual and Standard Drawing(s) P-41, P-42, P-43. Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit"A". Submit a detailed'gated entry design to Public Works Department for approval. SURVEY MONUMENTS AND PARCEL CONFIGURATION All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. Page 2 of 2 10/1/2004 GASite Plan Requirements\C-04-138.doc City of PUBLIC WORKS DEPARTMENT DATE: August 18, 2004 TO: PAUL BERNAL, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5342 AND CITY OF FRESNO COMMUNITY FACILITIES DISTRICT 1. If approved by Council, the following features may be maintained by a Community Facilities District. ■ Maintenance of all Curbs and Gutters, Sidewalks, Street Lights, Medians, Street Furniture, and the Street (to centerline) within E. Platt/S. Callisch Avenue bordering the tentative map. ■ Maintenance of all Curbs and Gutters, Sidewalks, Street Lights, Medians, and Street Furniture (to centerline) within S. First Street bordering the tentative map. ■ Maintenance of all Street Lights as approved by the Public Works Department within E. Platt/S. Callisch Avenue and S. First Street bordering the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within E. Platt/S. Callisch Avenue and S. First Street bordering the tentative map. 2. Should the City Council not approve the annexation to a CFD of any or all of the maintenance items listed in section 1 above , then the property owner/developer shall create a homeowner's association to finance the maintenance of those items. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 8695 File:\word\ctd2\ttmapreview\tt5342 City of DEVELOPMENT DEPARTMENT PERFORMANCE STANDARDS FOR PARKING LOT SHADING POLICY Fifty percent of paved parking lots surface shall be shaded by tree canopies within fifteen years of planting. (Adopted by City Council policy resolution adopted July 12, 1988.) GENERAL 1. A "paved parking lot" shall include parking stalls, driveways, and maneuvering areas. 2. Trees planted to satisfy the requirements of these guidelines are landscaping as defined by Municipal code and are subject to established landscaping requirements. SITE PLAN REQUIRED 3. A landscape plan which details the degree of compliance with the Parking Lot Shade Tree Ordinance is required. The plan shall show: a. All landscaped areas. b. Tree canopies drawn to scale representing the estimated canopy at a fifteen year growth period. c. The total area in square feet of the paved parking lot, driveways,and maneuver areas; and the area shaded by tree canopies. A schedule listing total parking area, shaded area, and the percentage of parking area shaded should be included. d. A schedule of the specific names of proposed trees and their sizes. 4. Such plan shall be approved by the Development Department prior to-issuance of building permits. However, the plan is encouraged to be submitted at the time of site plan review. METHODOLOGY 5. To simplify the process of determining compliance, the true angle of deflection of natural sunlight shall not be considered. Shaded areas'shall be assumed to be only those portions of a paved.parking lot directly beneath the shading canopy or drip line. 6. Shading shall be provided by tree canopies except that any portion of a paved parking lot directly beneath and shaded by a man made structure (overhangs and covered parking for instance) shall be deleted from the requirements of these performance standards and shall be subtracted from the area of the parking lot to be shaded. 7. Credit shall be given only for surface area shaded. Multiple canopies shading the same surface area will not be counted as multiple credit. 8. Landscape planters beneath the canopy may be considered as shaded parking areas for the purpose of determining compliance. 9. Where more than five trees are to be planted, mix tree species. 10. Trees planted along the perimeter of a lot may be counted as providing shade for the full area of their canopy. 11. If the degree of overlap between trees is less than 15 percent all trees may be counted as shading 100 percent of their canopy. If the degree of overlap is 15 percent or greater then it will be necessary to perform individual calculation to determine the area of shading. — 12. A Community Service Area, free from tree planting, may be allowed if a facility first demonstrates that it has met the minimum shading requirements on the overall site. 13. A ten percent minor deviation of the shading standard may be approved by the Director in accordance with established procedures in the municipal code if it is found that the normal standards would impose an undue hardship. ALLOWABLE SPECIES/CANOPY (Provided by Parks Department) MINIMUM TREE REQUIREMENT Provide one medium size tree for every two required parking spaces. (This requirement may be waived by the Director if the standards for shading and perimeter planting-have been met.) Disperse trees over the parking lot area to provide 50 percent shading of the parking area surface within 15 years. (This requirement may be reduced to 40 percent for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standard.) Trees shall also be planted in the required landscaped areas along the periphery of the development in order to shade and enhance adjacent property and public rights-of-ways. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for health of the tree and public safety; or as may otherwise be approved by the Development Department. City of Fresno Development Department Performance Standards for Parking Lot Shading Page 2 MINIMUM PLANTER SIZE (Between tiers of parking) s Continuous Planter New Development Existing Development Standard Parking Stall 8 feet 6 feet Compact Parking Stall 6 feet 4 f .Pt Along Periphery 10 feet except as may be approved pursuant to Municipal Code. MINIMUM SIGHT TRIANGLE 10 feet in Traffic areas 30 feet - 35 feet at street intersections 100 feet at major street intersections Trees within triangle shall be trimmed up to eight-feet minimum above the surface of the parking lot. Other landscaping (ground cover and shrubs) shall not exceed two and one-half feet above the parking lot surface. City of Fresno Development Department Performance Standards for Parking Lot Shading Page 3 CITY OF FRESNO PARKS AND RECREATION DEPARTMENT feet Iso 35 Deet diameter trees 100%.962 square rest 5076.481 square feet 25%.240 square feet Botanical Planter Size Heigt>t Gmwth Roots Sod. Remarks Name (Sq.FL) (Feet) Rate kinus rhombloia 6 50 Rapid Shallow Moist Deciduous NHITE ALDER refis sinensis 6 s0 Moderate Medium to Most Deciduous ;HINESE HACKBERRY Deep Suis ;tmamomurn camphora 8 5.9 Slow Shallow 0 Evergreen,attractive, '.AMPHOR TREE Sons shiny,Yellow-green foliage ;r&km o. 'Raywoodi 6 40 Fast Medium Most Deciduous,daric green 1AYWOOD ASH Soils fo&age WiVo biota 6 50 Slow Deep Most Deciduous,very dear MAIDENHAIR TREE Sons tree kloder>arorr tuipifera 8 60 Moderate Medium — Deep Deciduous,ale TULIP TREE Moist to aphids,arises dripping b9nofra gtandiflora 8 s0 Stow Medium Most Evergreen,constant XKnERN MAGNOLIA Soils titer problem 'lstada chinesis 6 40 Moderate Deep Most Deciduous,provides '.HWESE PISTACHE Soils fitered shade, excellent fall color 'tatanus acerifofra 8 s0 Fast Medium to Most Deciduous, .ONDON PLANE TREE Deep Sois anthracnose,red spider,plant bloodgood variety – — huercus agrifoGa 8 50 Moderate Deep Most Evergreen,biannual OAST LIVE OAK Soils acorn drop frrercrrs ilex 6 s0 Moderate Deep Deep Evergreen,biannual IOLLY OAK heavy acom drop luer+cus lobata 8 s0 Moderate Deep Deep Deciduous ALLEY OAK cercus suber 8 60 Moderate Deep Moist Evergreen ORK OAK Drained uercus virginiana 8 60 Moderate Deep Most Evergreen,attractive, WTHERN LIVE OAK I ] Soils bright green lofrage. Minis molle 8 40 Rapid Shallow Most Evergreen, should be WFORNIA PEPPER TREE Soils thinned annually or may UP-root mus'Sempervirens' 6 50 Rapid Medium Most Semi-evergreen, 1INESE EVERGREEN ELM Soils should be annually trimmed Ikova serrata 8 Fast Medium Most Deciduous, attractive WLEAF ZELKOVA Soils vase shape of Fresno Development Department )rmance Standards for Paridng Lot Shading Page 4 feet to 50 feet diameter trees 100%.707 square feet 50%-354 square feet 25%_177 square feet . Batai*al Ptanter Height Growth Roots sod Remarks Name Sine (Feet) Rate (S4 FL) Ceratonia Srrqua 8 40 Moderate Shallow Most Evergreen,use male trees CAROB TREE Soils only Koelreuteria Paniculata 6 35 Moderate Deep Most Deciduous,drought GOLDENRAIN TREE Soils resistant;yellow flowers L3quidambar styrachm 8 60 Moderate Shallow Most Deciduous,seed pods a AMERICAN SWEET GUM Soils Ifter problem,fall color Pinus canariensis 6 60 Fast Deep Most Evergreen,confer, CANARY ISLAND PINE Soils bluegreen needles,shed constantly Pinus Eldarica 6 60 Fast Deep Most Evergreen,confer,good MONDELL PINE Soils color Pyrus C.'Bradford' .6 30 Fast Deep —'Most Evergreen,white flowers, 'I BRADFORD P EARSall good fafl color i Ouerc us pahustris 6 50 Fast Shallow Best In Deciduous,brown leaves iPW OAK Clay Sod hand on during winter Prut=c,pissardr 6 20 Fast Medium Most Deciduous,purple leaves, PURPLEA.FAF PLUM Soils messy fruit Sapium sebiferum 6 35 Fast Medium Most Deciduous,surface roots, I CHINESE TALLOW TREE Sorts good fall color Sequoia sempervirens 8 70 Fast Deep Most Evergreen,confer COAST REDWOOD Sorts 15 feet to 20 feet diameter 10041a-314 square feet 50/a -157 square feet 25%z 79 square feet Acer palmatum 4 20 Slow Shallow Moist Deciduous,best in afternoon .JAPANESE MAPLE Drained shade { Cercis canadensts 4 20 Moderate Medium Most Deciduous,drought EASTERN REDBUD Soils resistant,spring flowers dales purpurea Beyr 4 20 Moderate Medium Most Deciduous,wine red flowers ELEY CRABAPPLE Soils in spring Podocarpus gracifior 6 40 Moderate Deep Most Evergreen,dean and pest FERN PINE Soils tree Pyres Kawakami 4 25 Moderate Medium Most Deciduous,subject to fire- EVERGREEN PEAR I Soils bfrght Rhus lancea 4 25 Medium Oedius Most Evergreen,shiny green AFRICAN SUMAC Soils torrage,drought,suckers rF-C:crm:PFUWG - 2ty of Fresno Development Departm 'edormance Standards for Parking Lot Shading Pagc STATE OF CALLFORMA—BUSINESS.TRANSPORTATION AND HO iSnir,anFNCY ARNOLD FIWARZENE ER ovemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE e P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)488-4347 Flex your power! FAX (559)488-4088 TTY (559)488-4066 Be energy efficient! ,AUG Planning Division August 4, 2004 Devplopmsnt Department 2131-IGR/CEQA 6-FRE-41-23.8+/- C-04-138 & VTM 5342 AURORA HOMES LLC Mr. Paul Bernal City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Bernal: We have reviewed the use permit and:map proposing to convert existing apartments to condominiums. The project is,located on the northwest corner of East Platt and South First. Caltians has the following comments: --- The proposed project; in and of itself, is not expected to create significant impacts to the State Highway System. However, when combined with the numerous other development projects in the area, this project's impacts to the transportation/circulation system and to .air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. While the project is not a large residential project, when combined with other projects in the area, there is sufficient development to support transit. Early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and. comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City,Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California" Mr. Paul Bernal August 4, 2004 Page 2 Please send a response to our comments prior to staff's recommendations to the City, Council. If you have any questions, please call me at (559) 488-4347. Sincerely, O JOANNE STRIEBICH Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES . Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5342 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORCIALLY 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 92123 PROJECT LOCATION: West side of South First Street between East Platt Avenue and East Tulare Street. PROJECT DESCRIPTIOIN: United Development Group, Inc. has submitted Vesting Tentative Tract Map No. 5342 and related Condominium Conversion Application for the "Emerald Estates" apartment complex. The condominium conversion application will allow the applicant to convert the "Emerald Estates" 118 unit apartment complex into condominium units and the tentative tract map will subdivide the apartment complex into a one common lot condominium subdivision map. The one-lot condominium map will allow for the sale of the 118 units for individual airspace ownership. The condominium conversion and tentative tract map are consistent with the land use designation and circulation element of both the 2025 Fresno General Plan and the Roosevelt 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, where no physical changes occur which are not otherwise exempt. The proposed condominium conversion as described meets the criteria noted above. Date: December 9, 2004 0 v7 � s z Prepared By: Paul Piernal, PlanneLIJr � � Submitted by: 'Gilbert J. Haro CJ W Planning Manager Ct:- o City of Fresno Planning and Development Department N (559) 621-8277 C-) K:\Master Files-Tract Maps\Tract 5342 Paul Bernal Condo Conversion\T-5342-Categorical Exemption.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12137 The Fresno City Planning Commission at its regular meeting on December 15, 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. 5342 (The Emerald Estates Condominium Conversion) was filed with the City of Fresno and proposes to subdivide the 118 unit "Emerald Estates" apartment complex into a one common lot condominium subdivision on 4.54 acres of land located on the west side of South First Street between East Platt Avenue and East Tulare Street; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on December 15, 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, Roosevelt 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 December 15, 2004. NOW, THEREFORE, BE IT RESOLVED, 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. 5342 may have a significant effect on the environment as identified by the finding of Categorical Exemption issued on December 9, 2004, prepared for Environmental Assessment No. T-5342. BE IT FURTHER RESOVLED 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 2025 Fresno General Plan, Roosevelt Community Plan, 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 recommends approval of Vesting Tentative Tract Map No. 5342 (The Emerald Estates Condominium Conversion) subject to compliance with the following conditions: 1. Planning and Development Department Conditions of Approval dated December 15, 2004, modified as follows: a. Condition No. 9 requiring 295 medium size trees shall be reduced to a number acceptable to the Planning and Development Department Director. 2. Compliance with requirements of the Change of Occupancy Investigation Report dated July 1, 2004. Planning Commission Resolution No. 12137 Vesting Tentative Tract Map No. 5342 December 15, 2004 Page 2 of 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, DiBuduo, Brand Noes - None Not Voting - Kissler Absent - Vang A kz, DATED: December 15, 2004 NICK P.POVINO, Secretary Fresno City Planning Commission Resolution No. 12137 Vesting Tentative Parcel Map No. 5342 "Emerald Estates" Condominium Conversion Application filed by United Development Group Action: Recommend Approval K:\Common\Master Files-Tract Maps\Tract 5342 Emerald Estate Condo Conversion\T-5342-PC Resolution.doc RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 5342 (THE EMERALD ESTATES CONDOMINIUM CONVERSION) The Fresno City Council, at its regular meeting on January 11, 2005 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. 5342 (The Emerald Estates Condominium Conversion) was filed with the City of Fresno and proposes to subdivide the 118-unit "Emerald Estates" apartment complex into a one common lot condominium subdivision on 4.54 acres of land located on the west side of South First Street between East Platt Avenue and East Tulare Street; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on December 15, 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 2025 Fresno General Plan, Roosevelt Community Plan, and is in conformance with the purposes of the Condominium Conversion Ordinance of the City of Fresno and recommends 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 December 15, 2004; and, WHEREAS, on January 11, 2005, the Fresno City Council held a public hearing to consider Vesting Tentative Tract Map No. 5342 and received both oral testimony and written information presented at the hearing regarding the proposed conversion of the "Emerald Estates" apartments to a condominium project. City Council Resolution No. Vesting Tentative Tract Map No. 5342 January 11, 2005 Page 2 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. 5342 may have a significant effect on the environment as identified by the Categorical Exemption issued on December 9, 2004, prepared for Environmental Assessment No. T-5342. BE IT FUTHER RESOLVED that the Fresno City Council finds that approval of the tentative tract map subject to Section 12-905-E of the Fresno Municipal Code is consistent with the adopted 2025 Fresno General Plan, Roosevelt Community Plan, the findings required pursuant to Section 66410 et. seq. of the Government Code, and is conformance with the purposes of the Condominium Conversion Ordinance of the City of Fresno. BE IT FURTHER RESOLVED that the Fresno City Council hereby approves Vesting Tentative Tract Map No. 5342 (The Emerald Estates Condominium Conversion) subject to compliance with the following conditions: 1. Planning and Development Department Conditions of Approval dated December 15, 2004, modified as follows: . a. Condition No. 9 requiring 295 medium size trees shall be reduced to a number acceptable to the Planning and Development Department Director. 2. Compliance with requirements of the Change of Occupancy Investigation Report dated July 1, 2004. 111 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 resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Vesting Tentative Tract Map No. 5342 (The Emerald Estates Condominium Conversion) Filed by United Development Group, Inc. Assessor's Parcel No. 468-390-44S K:\Common\Master Files-Tract Maps\Tract 5342 Emerald Estate Condo Conversion\T-5342 City Council Resolution.doc