HomeMy WebLinkAboutT-5359 - Conditions of Approval - 4/12/2005 City of
PLANNING AND DEVELOPMENT DEPARTMENT
2600 Fresno Street. Third Floor Nick P.Yovino
Fresno, California 93721-3604 Director
(559) 621-8722 FAX(559)498-1020
December 31, 2004 Please reply to:
Paul Bernal
(559) 621-8073
Walter A. Melton
3422 Miguelito Court
San Luis Obispo, California 93401
Dear Mr. Melton:
SUBJECT: ACTION OF THE FRESNO CITY COUNCIL REGARDING VESTING
TENTATIVE TRACT MAP NO. T-5359 AND CONDOMINIUM CONVERSION
FOR THE 'BOSTON VILLAGE"
At its regular scheduled meeting on November 30, 2004, the Fresno City Council took the
following action regarding the above-referenced applications:
1. Approved the Finding of Categorical Exemption issued on October 7, 2004, for
Environmental Assessment No. T-5359.
2. Approved Vesting Tentative Tract Map No. T-5359/UGM subject to compliance with
the Planning and Development Department Conditions of Approval dated October
20, 2004.
3. Approved the Condominium Conversion Application for the Boston Village
apartments.
The Vesting Tentative Tract Map No. T-5359/UGM proposes to subdivide and convert the 18
unit Boston Village apartment complex into a one common lot condominium subdivision. The
one common lot subdivision will allow for the sale of the individual air space within each unit 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 1.46 acre site.
Enclosed is a copy of the Planning Commission Resolution No. 12106 and the City Council
Resolution No. 2004-446 approving Vesting Tentative Tract Map No. T-5359/UGM and
Condominium Conversion Application for the Boston Village apartments.
If you have any questions regarding this matter please contact Paul Bernal at the number listed
above.
Sincerely,
Div' ' '
Paul Bernal, Planner III
Enclosures: Resolution Nos. 12106 & 2004-446
RESOLUTION NO. 2004-446
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP
NO. 5359/UGM (THE BOSTON VILLAGE CONDOMINIUM CONVERSION)
The Fresno City Council, at its regular meeting on November 30, 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. 5359/UGM (The Boston Village
Condominium Conversion) was filed with the City of Fresno and proposes to subdivide the
18-unit "Boston Village" apartment complex into a one common lot condominium subdivision on
1.46 acres of land located on the north side of West Herndon Avenue between North Fruit and
North West Avenues; and,
WHEREAS,, the Fresno City Planning Commission conducted a public hearing on
October 20, 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, Bullard 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 recommends approval of
the proposed 'project subject to all conditions of approval contained in the staff report dated
October 20, 2004; and,
WHEREAS, on November 30, 2004, the Fresno City Council held a public hearing to
consider Vesting Tentative Tract Map No. 5359/UGM and received both oral testimony and
written information presented at the hearing regarding the proposed conversion of the "Boston
Village" apartments to a condominium project.
City Council Resolution NL
Vesting Tentative Tract Map No. 5359/UGM
November 30, 2004
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. 5359/UGM may have a significant effect on the environment as identified by the
Categorical Exemption issued on October 7, 2004, prepared for Environmental Assessment
No. T-5359.
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, Bullard 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. 5359/UGM (The Boston Village Condominium Conversion) subject to
compliance with the following conditions:
1. Planning and Development Department Conditions of Approval dated
October 20, 2004.
2. Compliance with requirements of the Change of Occupancy Investigation Report
dated June 28, 2004.
//I
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 30th day of November , 2004, by the following vote:
Ayes: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo
Noes: None
Absent: None
Abstain: None
REBECCA E. KLISCH
City Clerk
By O '1S--Kre.;2.
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Vesting Tentative Tract Map No. 5359/UGM
(The Boston Village Condominium Conversion)
Filed by Water A. Melton
Assessor's Parcel Nos. 405-132-07S, 405-132-08S, 405-132-09S, 405-132-10S
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12106
The Fresno City Planning Commission at its regular meeting on October 20, 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. 5359/UGM (The Boston Village Condominium Conversion)
was filed with the City of Fresno and proposes to subdivide the 18 unit "Boston Village" apartment complex
into a one common lot condominium subdivision on 1.46 acres of land located on the north side of West
Herndon Avenue between North Fruit and North West Avenues; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 20, 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, Bullard Community Pian, 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 October 20, 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. 5359/UGM may have a significant effect on the environment as identified by the finding of Categorical
Exemption issued on October 7, 2004, prepared for Environmental Assessment No. T-5359.
BE IT FURTHER RESOVLED that the Fresno City Planning Commission finds that approval of the
tentative tract map subject to Section 12-403-8 of the Fresno Municipal Code, is consistent with the 2025
Fresno General Plan, Bullard 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. 5359/UGM (The Boston Village Condominium Conversion) subject to
compliance with the following conditions:
1. Planning and Development Department Conditions of Approval dated October 20, 2004.
2. Compliance with requirements of the Change of Occupancy Investigation Report dated June 28, 2004.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner DiBuduo, seconded by Commissioner Kissler.
VOTING: Ayes - DiBuduo, Kissler, Vang, Brand
Noes - None
Not Voting - None
Absent - None
DATED: October 20, 2004 NICKYOVINO, Secretary
Fresn ity Planning Commission
Resolution No. 12106
Vesting Tentative Parcel Map No. 5359/UGM
"Boston Village" Condominium Conversion
Application filed by Walter A. Melton
Action: Recommend Approval
Cnyat REPORT TO i HE CITY COUNCIL
AGtNDA ITEM NO.
FRf
s.� Ct el
OUNC{L MEETING i/ i.
November 30, 2004
APPROVED BY
FROM: NICK P. YOVINO, Director
L=
Planning and Development Departme DEPARTMENT DIRECT
BY: GILBERT J. HARD, Planning Manger Cl TY MANAGER
Planning Division `•.______`.---'
e
SUBJECT: VESTING TENTATIVE TRACT MAP NO. 5359/UGM AND RELATED
CONDOMINIUM CONVERSION APPLICATION AND ENVIRONMENTAL
FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5359 FOR THE
"BOSTON VILLAGE" APARTMENTS
RECOMMENDATION
Staff recommends the City Council to take the following action:
1. APPROVE the environmental finding of a Categorical Exemption for Environmental Assessment No.
T-5359 issued October 7, 2004.
2. APPROVE the Condominium Conversion Application for the "Boston Village"Apartments.
3. APPROVE Vesting Tentative Tract Map No. 5359/UGM subject to compliance with the Conditions of
Approval dated October 20, 2004.
EXECUTIVE SUMMARY
The applicant, Walter A. Melton, has filed Vesting Tentative Tract Map No. 5359/UGM proposing to
subdivide the 18-unit "Boston Village" apartment complex into a one (1) common lot condominium
subdivision. The one common lot subdivision would allow for the sale of the individual airspace to
individual buyers and would required that all buyers of residential airspace share in common ownership of
all buildings, streets, open space, walls, etc., on the entire site. The "Boston Village" is located on the
north side of West Herndon Avenue between North Fruit and North West Avenues. The site is zoned
R-2-A/EA/UGM (Low Density Multiple Family Residential, One Story/Expressway Area Overlay District
Urban Growth Management) and is on a 1.46 acre parcel of land. The existing project and zoning are
consistent with the medium-high density residential land use designation of the Bullard
Community Plan and the 2025 Fresno General Plan. On October 20, 2004, the Fresno City Planning
recommended approval of the Condominium Conversion Application and Vesting Tentative Tract Map No.
5359/UGM to the City Council.
PROJECT INFORMATION
PROJECT Conversion of an existing 18-unit apartment project to an 18-unit
condominium airspace subdivision on one common lot
APPLICANT Walter A. Melton
LOCATION North side of West Herndon Avenue between North Fruit and
North West Avenues
(Council District 2, Counc{Imember Calhoun)
SITE SIZE 1.46 Acre
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM _
November 30, 2004
Page 2
LAND USE Existing - "Boston Village" Apartment Complex
Proposed - Condominium Airspace Subdivision
ZONING Existing - R-2-A (Low Density Multiple Family District, One Story)
Proposed - R-2-A (Low Density Multiple Family District, One Story)
PLAN DESIGNATION The Bullard Community Plan and the 2025 Fresno General Plan
AND CONSISTENCY designate the subject site for development with the medium-high
density residential land use designation which is consistent with the
existing R-2-A zoning
UNIT INFORMATION Floor Plan Number Square Footage
Unit "A" 16 1,200
2 Bedroom, 2 Bathroom
Floor Plan Number Square Footage
Unit"B"
3 Bedroom, 2 Bathroom 2 1,600
YEAR APARTMENT April 24, 1983 — 1510, 1524, 1538, & 1556 West Herndon Avenue
COMPLEX CONSTRUCTED
PRESENT MONTHLY $995 -$1,215
RENTAL RATE
ESTIMATED SALES PRICE $179,500—$249,500
OF CONDOMINIUM UNITS
ESTIMATED MONTHLY $95.00
OWNERS'S ASSOCIATION
FEES
ENVIRONMENTAL FINDING Finding of Categorical Exemption pursuant to Section 15301(k)/
Class 1 of CEQA filed on October 7, 2004
PLAN COMMITTEE The Bullard Community Plan Advisory Committee
RECOMMENDATION recommended approval of this project on June 28, 2004
STAFF RECOMMENDATION Recommend approval of condominium conversion application and
approve vesting tentative tract map subject to compliance with
Conditions of Approval for T-5359/UGM dated October 20, 2004
PLANNING COMMISSION On October 20, 2004, the Planning Commission voted to
RECOMMENDATION recommend approval of the Vesting Tentative Tract Map No.
5359/UGM and the Condominium Conversion Application by a vote
of4to0.
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
November 30, 2004
Page 3
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
R-2-A/UGM
North Medium High Density Residential Low Density Multiple Family Residential, Condominiums
One StorylUrban Growth Management
South Frontage Road Frontage Road Frontage Road
R-P/UGM
East Office Commercial Residential and Professional Office Office
DistrictlUrban Growth Management
R-2-A/UGM
West Medium High Density Residential Low Density Multiple Family Residential, Condominiums
One StorylUrban Growth Management
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 October 7, 2004.
BACKGROUND / ANALYSIS
The applicant, Walter A. Melton, has filed Vesting Tentative Tract Map No. 5359/UGM and a
condominium conversion application for the "Boston Village" apartment complex located on 1.46 acres of
property on the north side of West Herndon Avenue between North Fruit and North West Avenues.
Vesting Tentative Tract Map No. 5359/UGM would subdivide the "Boston Village" apartment complex into
a one common lot subdivision. The one common lot subdivision would allow for the sale of the individual
airspace to individual buyers and would require that all buyers of residential airspace share in common
ownership of all buildings, streets, open space, walls, etc., on the entire site. When originally developed,
the "Boston Village" was intended to be a condominium complex where buyers would purchase individual
airspace within a unit while maintenance of common areas would be the responsibility of the homeowners
association. However, the proposed subdivision map which would have established "Boston Village" as a
condominium complex was never recorded, thus, the units were held under single ownership. The
condominium conversion application would allow the units to be converted to condominium airspace
allowing for eventual sale to individuals. Thus, the complex would be used as originally intended.
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 June 1,
2004. The ordinance contains provisions that allow prospective buyers of converted units to be able to
make informed decisions with regard to purchase, and to be assured that the converted units meet the
basic standards of safety, comfort and utility, and that tenants of the proposed conversion be protected
from any impacts associated with the condominium conversion process. Important provisions of the
Condominium Conversion Ordinance include:
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 53591UGM
November 30, 2004
Page 4
• Provisions to protect rental housing adjacent to institutions where it is desirable to
maintain the supply of rental housing.
• Storage space requirement of 60 cubic feet per unit.
• Tenant relocation plans must be responsive to tenant makeup of the project.
• Tenant noticing and other tenant's rights provisions to conform to State law.
• Semi-annual application filing deadlines of June 1 and December 1 of each year.
• Provision prohibiting approval of projects where discriminatory rental practices
have occurred.
Pursuant to the State Subdivision Map Act (SMA) and the Condominium Conversion Ordinance,
Section 12-905(c), the Planning Commission shall hear testimony on the proposed conversion and make
a recommendation to the City Council. The City Council, following the decision by the Planning
Commission, shall not approve the final map for a subdivision to be created from the conversion of
residential real property into a condominium project unless it finds pursuant to Section 66427.1 of the
SMA that the "requirements for notice of tenants and right of tenants to exclusive contract for purchase in
condominium projects"have been complied with and that all required findings (a through e) of this section
have been met. Also, the City Council must find that all requirements of Section 66452.8 and Section
66452.9 have been complied with as required by State law and Section 12-909-a and b of the
Condominium Conversion Ordinance.
Bullard Community Plan Advisory Committee
The Bullard Community Plan Advisory Committee reviewed the "Boston Village" condominium conversion
application and recommended approval of the vesting tentative tract map at its meeting on June 28, 2004.
Fresno City Planning Commission
On October 20, 2004, the Fresno City Planning Commission considered the tract map and condominium
conversion application. After a full hearing, the Planning Commission, by a vote of 4-0 recommended
approval to the City Council of Vesting Tentative Tract Map No. 5359/UGM and the related Condominium
Conversion of the "Boston Village" apartments.
Building and Site Requirements
The Condominium Conversion Ordinance provides that all units proposed for conversion meet minimum
housing and building standards, Zoning Ordinance standards primarily relating to parking, access, walls,
and public improvements standards. Staff recommended conditions of approval relating to the buildings
and site requirements which are contained in the Change of Use/Occupancy Investigation Report dated
June 28, 2004, and in the conditions of approval dated October 20, 2004.
Tenant Provisions
Section 66451.3 of the SMA and the Condominium Conversion Ordinance (Section 12-909-a and b)
require that if the proposed subdivision is a conversion of residential real property, a notice of public
hearing shall also be given by.the city to each tenant of the subject property, and shall include notification
of the tenants' right to appear and be heard. Furthermore, Section 12-904(f) of the Condominium
Conversion Ordinance requires that the applicant/owner provide a Tenant Relocation and Assistance Plan
to any tenants that might be displaced by the sale of the unit in which they reside. Based upon a review
and analysis of the applicant's proposed Tenant Relocation and Assistance Plan, staff concludes that the
proposed plan for the "Boston Village" project appears to meet the intent of the Condominium Conversion
Ordinance.
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
November 30, 2004
Page 5
The information given to existing and prospective tenants includes provisions to aid special classes of
tenants. 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 meets 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 applicant has indicated that the "Boston Village" tenants are on month-to-month leases and as of
June 1, 2004, all new tenants who have moved into the "Boston Village" after the 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 "Boston Village" 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 "Boston Village" 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.
Consistency with Adopted Plans and Local Ordinances
Based upon the above analysis and subject to the conditions of project approval dated October 20, 2004,
the building standards and the proposed "Boston Village" Tenant Relocation and Assistance provisions,
the condominium conversion project meets the criteria established by Article 9, Chapter 12 of the Fresno
Municipal Code. Furthermore, the proposed conversion of 18 units is not expected to significantly
decrease the number of rental units available in the area. According to the US Census Bureau, (2002
American Factfinder) the rental vacancy rate for the area (defined as census block 44.03) is 3.5 percent of
all residential units. This figure is indicative of a moderate number of rentals available in the area.
As documented in the 2025 Fresno General Plan and the Fresno City Housing Element adopted on
June 18, 2002, housing affordability in the city is declining. Although the city has recently experienced a
greater than predicted increase in the number of homes, increases in cost have made it prohibitive for
various individuals and families to purchase them. As a result, many families that cannot purchase homes
are forced to pay rent on a month-to-month basis. According to the 2025 Fresno General Plan and the
Fresno City Housing Element, condominiums provide for an "affordable" housing alternative to individuals
that may prefer the benefits that come with condominium home ownership. Thus, although the proposed
condominium conversion would reduce the number of rentals in the area, it would, however, provide
individuals an opportunity of home ownership. The proposed conversion is considered consistent with the
adopted policies of the 2025 Fresno General Plan and Fresno City Housing Element relating to
condominium conversions and to be in conformance with the purposes of the city's Condominium
Conversion Ordinance.
Major Street Improvement
The site is accessed off of West Herndon Avenue onto West Herndon frontage road. The 2025 Fresno
General Plan designates West Herndon Avenue as an expressway and West Herndon frontage road as a
local residential street. The developer will be required to dedicate and install a wheelchair ramp at the
corner of the Herndon Frontage road and North Delno Avenue. Other improvements include under-
grounding the existing street lighting system within the limits of the tract, and repair or replacement of all
damaged off-grade concrete street improvements as appropriate. These street improvements are
outlined in more detail in the Conditions of Approval dated October 20, 2004.
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
November 30, 2004
Page 6
Condominium Conversion Findings
The City's Condominium Conversion Ordinance (Section 12-905-e) provides that the following findings
must be considered prior to approval of any application for condominium conversion. The findings
represent one basis for the staff recommendation in this report, and should be considered by the
Commission and Council in the review of the application. In each case, an application for condominium
conversion may be denied if one or more of the following findings are made:
1. The overall design and physical condition of the condominium conversion does not achieve a high
degree of appearance, comfort, safety, and utility.
2. The cumulative effect of the condominium conversion would cause a significant percentage of low-
and moderate-income rental units to be removed from the city's housing stock.
3. The tenant relocation and assistance plan proposed by an applicant will not sufficiently reduce the
detrimental impact of the conversion on tenants, including special classes of tenants (elderly,
handicapped, students, families with young children, and members of low income groups).
4. Vacancies have been caused by the applicant for the purpose of preparing the project for
conversion, by means of substantive rent increases, evictions, or terminations of tenancy.
5. Approval of the proposed conversion would cause displacement of any special classes of tenants
(as noted above No. 3) in an area without sufficient available comparable replacement housing.
6. The subdivider has engaged in discriminatory rental practices against groups referred to in No. 3,
above.
7. Approval of the condominium conversion would be inconsistent with the purposes of the
Condominium Conversion Ordinance and with the general health and well-being of city residents.
Subdivision Map Act Findings
The Subdivision Map Act (California Government Code Section 66410 et seq.) requires that a proposed
subdivision for condominium conversion purposes not be approved unless it is found to be consistent with
the General Plan and any applicable specific plan policies related to condominium conversions.
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 Bullard Community Plan promote a diversified housing market, which is necessary to encourage
residential development in the surrounding area.
Staff concludes approval of the submitted condominium conversion application would be consistent with
city plans and policies related to condominium conversion in the Bullard Community Plan Area.
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.
REPORT TO THE CITY COUNCIL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
November 30, 2004
Page 7
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 October 20, 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.
Action by the Planning Commission regarding the condominium conversion application and the proposed
tentative tract map is a recommendation to the City Council.
CONCLUSION
The appropriateness of the proposed project has been examined with the respect to its consistency with
goals and policies of the 2025 Fresno General Plan, Bullard Community Plan, and the Condominium
Conversion Ordinance; its compatibility with surrounding uses; and, its avoidance of potentially significant
adverse environmental impacts. These factors have been evaluated as described above and by the
accompanying tenant relocation plan, comparable housing availability report, and environmental
assessment. Upon consideration of this evaluation, it can be concluded that the Condominium
Conversion Application and Vesting Tentative Tract Map No. 5359/UGM is appropriate for the project site.
K:\Common\Master Files-Tract Maps\Tract 5359 Paul Bernal Condo Conversion\T-5359 Report to PC 10-20-04.doc
Attachments: Vicinity Map
2002 Aerial Photograph
Vesting Tentative Tract Map No. 5359 (Exhibit A) dated June 1, 2004
Conditions of Approval for Vesting Tentative Tract Map No. 5359/UGM dated October 20,
2004, including letters from Fresno Metropolitan Flood Control District (7/22/04),
Change of Use/Change of Occupancy Investigation Report (6/28/04)
Environmental Assessment No. T-5359 (Finding of Categorical Exemption) issued on
October 7, 2004
Planning Commission Resolution No. 12106
City Council Resolution
LM�;. r 1: ti ff T r'�i ."..•1 f 71 Q N',
�.Y.�6db[r a}y�.S��L�••�.� ..
i
ry yS^
' � t!';.rs.=a" T�.j ...f" `]iti+ r.;�-L4 '.
, ,ca :� y ;
EI
Ir
41
l r \'•fes � :Yw']i,. � RM�%i 1'Y�
my �
wl
r+F'y- a W'" a` ry )� s» ✓.q*my , $ S�M,y ,z" a a J°�ra t "
a,� �� �'. a q i DI?w'�6oxe�i -wi•.GYM��# ��+ .s .'-' �'..,..i..«:.+_� � � �i.,r,��YK.�s�.'" .�.,
'ncT`�e.'r '�`"`a •s�r+t+7 `uC.ar�'� J � � •r�+..+ .+ T' :t ^n"'°''.'�^7.
1qq e�' f tLS+ sr .& _t Y,E { r',r�r itVitr9: y
,,�i��•.�'rii{yr r�•ec f„,,,,x,.�, �, r ,f r t� � + r �,
�A .G'Ic'LIr<L.F, t� �Q ♦a 3' t`CM l r '' �+. � ✓ i/.lj�ij F a y
N"��r'�kT�r� �b G ���� ���,•'�' '�k��,"ar � ,. ✓� 3 n yJ+'d` 6� � e. f. �''t. 'Y v re� � k �,�
F "'x} 9.'4+-„ @rx t� "'Rfd'Ij;;, .+! jr� e.'� ✓'. r S+a fptF f w r
vm..
5 �
3 >� .5 S y 1" i ➢ N".`R
Iiwiil�ih.,1Lc E.,.va..e.`•,'.._..m.�..+' 4� i a.; 34
3E '�° ..-t� �, ry+� � �,e�9 *� �,.•.,,r, °` '&54.,�z..:'tw,c'.,�,.,F.-,a.cc.0.. r,.. �' »�w�`r, ;�,��-
77
�, s w2.r as i7Yl.. aSl �
�uw s�� i � &^' a ��" "✓ � � w - � � ��.
8a�yy�'_'x k ""it r �,... '� #f 7�'- 'f fl_ rt a•,
Y'—f ,✓r � - �, �'�j 4r�a�i - Ga a 1� �. w. v
�� r� " iZo a '�'�..� i�,,�r� w+v: .• +vf.gtl-rr Rx
sc*° ��'"•rpw'"""y4'�,1¢�r}��.►r sir; --art-'str .. �.ra
VICI[Nlr]rV M" PLANNING & DEVELOPMENT
DEPARTMENT
VESTING TENTATIVE TRACT MAP
• ° '
405-132-07S 08S 19 1
ZONE MAP: 1749
p 4 L
moi.. ;4 t K xzWMA
G4r
'c � w$isA �r '' {p Y` �• ! r^<a r�..g�.e ..,.R,°.^.,r'�F'° +y q, , x'
If
# Pvnxlkr xE �1f # ` 7
���r• r � dk'�4 � r � � a* �, � ,A x fps ;� t ,�. .�s�'�:
A
41
■ mS.y', " d�s,�, i' ;':,` ,.,aaaw� " wa,.+Yp ., " a a: y, ,; #teaj:
�J
a� JY i' S •:s ,� � K � M �" r x
�� d��tlF� .� § s �'L E"2 .,yo^'ip"` -a✓ti:... ;,i r� ..,,�' � J7d`„
i Y6 ice ' `�' .PR .• -� }'d t .� Y a rC. .ps ,.
� !hC �S �+tk •S A � �
}} r
.- Y s f t.qCf ��. _ ♦ ` YF ��kk "Y�H,` X` 7d �* h� .F, 3� tl d�� Y`�, t
���gg+. NC777
n�k
e tr-� r�`,wrC� y, �g,k r� �'� 4 i =_� .a � +c 7��' #• ��} q
: ,�,
h
77
�f .q�.P.>•` a -� .» .+' ., .. "' ,� " ,.g w^ S a ,: wr*mat w ..
j, kyr jL
&"s
im ;4A
y
INYS!n L.__._
MIB'L
!Z C'0 h'BNgW A100LY:;n IBOr
Bq mma�Mo 6 «J''
dbW lJV&L 3AIlVIN31
• .�q Vl� •'MMw•Y YIr0 'Mi N
I
F
a'3 bb
:81
g � g p
Z 4i e 8 s s i d !NJ i"I �$�8 Y et��b � 8
JA JA y R S g� Y-4.-Ai. q p
al
33ISd0 da ,•
w
mown
LU
el
r
U U U U
r y �
`dl I I
$ u �rd
9 I II 4,
II
Ire 11 I
1N3Md07313a 7vuN30538 V3NNYld
r-L-b I II I
I I II �a�a I I rl
p2.w`r` I r
� I
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
October 20, 2004
"BOSTON VILLAGE" CONDOMINIUM CONVERSION APPLICATION
VESTING TENTATIVE TRACT MAP NO. 5359/UGM
North side of West Herndon Avenue
between North Fruit and North West Avenues
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. The Urban Growth Management (UGM)
Service Delivery Plan requirements are included in the following conditions of approval and are
designated by the caption "Urban Growth Management Requirements."
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. 5359/UGM 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. 5359/UGM, 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.
CONDITONS OF APPROVAL
"Boston Village"Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 2 of 9
October 20, 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
June 28, 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. 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.
9. 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.
10. 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.
11. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the
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.
CONDITONS OF APPROVAL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 3 of 9
October 20, 2004
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.
12. 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. _
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
CONDITONS OF APPROVAL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 4 of 9
October 20, 2004
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 Sheriff's 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.
19. Apportionment of Special Assessment: If, as part of 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
20. Street trees shall be planted along all public street frontage. 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.
CONDITONS OF APPROVAL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 5 of 9
October 20, 2004
21. The developer/owner shall contact the Fresno Public Works Department at 559-621-8690
(Nancy Morrison) for the street tree requirements.
Urban Growth Management Requirements
22. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of
final map approval. Fee payment maybe deferred until time of building permit issuance in
accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
FIRE SERVICE
23. The City of Fresno Fire Department has no requirements for Vesting Tentative Tract Map
No. 5359.
Urban Growth Management Requirements
24. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of
final map approval. Fee payment may be deferred until time of building permit issuance in
accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
SOLID WASTE
25. The Solid Waste Division request that doors/gates be placed on the existing solid waste trash
enclosures so that the bins cannot be seen from the street.
STREET 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. 5359/UGM 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 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 Nos. 78-522
and 88-229.
CONDITONS OF APPROVAL
"Boston Village"Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 6 of 9
October 20,2004
West Herndon Avenue Frontage Road
30. Handicap access ramps are required at all corners within the limits of this subdivision.
Dedicate a corner cut-off for a handicap ramp at West Herndon Avenue Frontage Road and
North Delno Avenue.
SANITARY SEWER SERVICE
31. A 6-inch and 8-inch sanitary sewer main exist in West .Herndon Avenue Frontage Road to
serve the proposed subdivision. The following conditions area required to provide sanitary
sewer service to the subdivision:
a. Separate sewer house branches shall be provided for each lot created.
b. Public sewer facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
WATER SERVICE
32. An 8-inch water main exists in West Herndon Avenue Frontage Road to serve the proposed
subdivision. The following conditions are required to provide water service to the tract.
a. Separate water service(s) with meter boxes shall be provided to each lot created.
b. Two independent sources of water, meeting Federal and State Drinking Water Act
Standards, are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through any combination of water main
extensions, construction of supply wells, or other acceptable sources of water supply
approved by the Water Systems Manager.
c. Public water facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
Urban Growth Management Requirements
33. Payment of appropriate sewer and water connection charges at the time of Final Map approval
subject to deferral to building permit issuance as appropriate.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
34. The developer of property located within the UGM boundaries shall comply with all sewer,
water and street requirements and pay all applicable UGM fees imposed under the Urban
Growth Management,process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State law as related to vesting tentative
tract maps.
CONDITONS OF APPROVAL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 7 of 9
October 20, 2004
35. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM improvements.
FLOOD CONTROL AND DRAINAGE
36. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Fresno Municipal Code Chapter 13, Article 13.
37. 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 July 22, 2004.
DEVELOPMENT FEES AND CHARGES
38. This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE FEEIRATE
a. Street Tree Landscape Plan Review Fee $56.00
b. Street Tree Installation Fee $129.00/tree
c. Street Tree Inspection Fee $30.00/tree
Developer installed tree
d. Maintenance District Plan Review Fee $176.00
e. Maintenance District Inspection Fee $305.00
SEWER CONNECTION CHARGES FEE/RATE
f. Lateral Sewer Charge $0.10/sq.ft.
(to 100-foot depth)
g. Oversize Charge $0.05/sq.ft.
(to 100-foot depth)
h. Trunk Sewer Charge S.T.E.P.*
Service Area:Herndon
i. Wastewater Facilities Charge S.T.E.P.*
CONDITONS OF APPROVAL
"Boston Village"Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 8 of 9
October 20, 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).
j. Copper Avenue Sewer Lift Station Charge n/a
k. Fowler Trunk Sewer Interim Fee Surety n/a
I. House Branch Sewer Charge n/a
m. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE/RATE
n. 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
o. Frontage Charge $6.50/lineal foot
p. Fire Hydrant Charge $0.75/100 square feet
(to 250-foot parcel depth)
q. Transmission Grid Main Charge $560/gross acre
r. Transmission Grid Main Bond Debt $243/gross acre
Service Charge
s. UGM Water Supply Fee $355/gross acre
Service Area: 141
t. Well Head Treatment Fee $0
Service Area: 201
u. Recharge Fee $0
Service Area: 201
v. 1994 Bond Debt Service $0
Service Area: 201
DEVELOPMENT IMPACT FEE
w. Northeast Fresno Policing Area n/a
CONDITONS OF APPROVAL
"Boston Village" Condominium Conversion Application
Vesting Tentative Tract Map No. 5359/UGM
Page 9 of 9
October 20, 2004
URBAN GROWTH MANAGEMENT FEE FEE RATE
x. UGM Fire Station Capital Fee $740/gross acre
Service Area: 2
y. UGM Park Fee $3,018/gross acre
Service Area: 6
z. Major Street Charge $680/adj. acre
Service Area: B
aa. Major Street Bridge Charge $5/adj. acre
Service Area: B
bb. Traffic Signal Charge $860/adj. acre
cc. UGM Grade Separation Fee rri/a
dd. Trunk Sewer Charge n/a
Service Area: Herndon
ee. 'Street Acquisition/Construction Charge n/a
K:\Common\Master Res-Tract Maps\Tract 5359 Paul Bemal Condo Conversion\T-5359-Conditions of Approval 1 Q-20-04.doc
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager WALTER A. MELTON
Planning & Development Department P.O. BOX 1173
City of Fresno SAN LUIS OBISPO,CA 93406
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5359 PRELIMINARY FEE(S) (See below)
DRAINAG A(S) " Col " - DRAINAGE AREA it Col it $0.00
DATE "7 ZZ OGS 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 Z
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQAINEPA 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 w
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 against the drainage fee obligation.
$359 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 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 directed to North Delno Avenue and/or
West Herndon Avenue Frontage Road.
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. I 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.
5359 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
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.
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 O
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.
5359 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 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 t. Lakemad, Project Engineer: ck n
District Engineer, Assistant General Manager
C: RABE ENGINEERING,INC.
2021 N. GATEWAY BLVD.
FRESNO, A 93 727
5359 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
There is an existing fifteen-foot (15') wide storm drain easement along the east side of Tract 5359.
No encroachments into the easement shall be permitted including, but not limited to, foundations,
roof overhangs, swimming pools, and trees.
Development No. Tract 5359
ensr\permit\exhibits2\tract\53 59(rl)
City of
L�CC%I\t\\I/a
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: June 28, 2004
SUBJECT: CHANGE OF OCCUPANCY INVESTIGATION APPLICATION NO. 04-2417
Subject Address: 1510, 1524, 1538 & 1556 W. Herndon Ave.
From Occupancy Group: R-1 (Apartments)
To Occupancy Group: R-I (Condominiums)
APN Number: 405-132-07, 08, 09, 10
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
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 Oficial or the Development Department
Director.
Page 1 of 2
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.
BUILDING/LIFE-SAFETY REQUIREMENTS (621-8120)
1. Verify that the original 2-hour fire-resistive wall is still intact.
Page 2 of 2
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. T-5359
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTALDOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Walter A. Melton
P.O. Box 1173 100
San Luis Obispo, California 93406
PROJECT LOCATION: North side of West Herndon Avenue between North Fruit and North West
Avenues.
PROJECT DESCRIPTION: Walter A. Melton, has submitted Vesting Tentative Tract Map No.
T-5359/UGM which will subdivide the"Boston Village"apartment complex
into a one common lot condominium map. The one-lot condominium
map will allow for the sale of 18-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 Bullard
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: October 7, 2004
o Prepared By: Pa I, Planner
LLJ
Submitted b
_? y'
`L_ Gilbert J. Haro
L1J
U , CE Planning Manager
LL1 City of Fresno
or—' o Planning and Development Department
C=
(559) 621-8277
KAMaster Files-Tract Maps\Tract 5359 Paul Bernal Condo Conversion\T-5359-EA-CAT.wpd
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12106
The Fresno City Planning Commission at its regular meeting on October 20, 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. 5359/UGM (The Boston Village Condominium Conversion)
was filed with the City of Fresno and proposes to subdivide the 18 unit "Boston Village" apartment complex
into a one common lot condominium subdivision on 1.46 acres of land located on the north side of West
Herndon Avenue between North Fruit and North West Avenues; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 20, 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, Bullard 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 October 20, 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. 5359/UGM may have a significant effect on the environment as identified by the finding of Categorical
Exemption issued on October 7, 2004, prepared for Environmental Assessment No. T-5359.
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, Bullard 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. 5359/UGM (The Boston Village Condominium Conversion) subject to
compliance with the following conditions:
1. Planning and Development.Department Conditions of Approval dated October 20, 2004.
2. Compliance with requirements of the Change of Occupancy Investigation Report dated June 28, 2004.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner DiBuduo, seconded by Commissioner Kissler.
VOTING: Ayes - DiBuduo, Kissler, Vang, Brand
Noes - None
Not Voting - None
Absent - None
DATED: October 20, 2004 NICK P. YOVINO, Secretary
Fresno City Planning Commission
Resolution No. 12106
Vesting Tentative Parcel Map No. 5359/UGM
"Boston Village" Condominium Conversion
Application filed by Walter A. Melton
Action: Recommend Approval