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Home My WebLink AboutT-5409 - Conditions of Approval - 2/14/2006 �r �JJ 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 September 30, 2005 Please reply to: Paul Bernal (559) 621-8073 United Development Group Attention: Nicole Bussey 9252 Chesapeaka Drive, Suite 100 San Diego, California 92123 Dear Ms. Bussey: SUBJECT: ACTION OF THE FRESNO CITY COUNCIL REGARDING VESTING TENTATIVE TRACT MAP NO. T-5409 AND RELATED CONDOMINIUM CONVERSION FOR THE "WINERY ESTATES" At its regular scheduled meeting on September 27, 2005, the Fresno City Council took the following action regarding the above-referenced applications: 1. Approved the Finding of Categorical Exemption issued. on August 9, 2005, for Environmental Assessment No.T-5409. . 2. Approved Vesting Tentative Tract Map No. T-5409 subject to compliance with the Planning and Development Department Conditions of Approval dated August 17, 2005. 3. Approved the Condominium Conversion Application for the Winery Estates .apartments. The Vesting Tentative Tract Map No. T-5409 proposes to subdivide and convert the 106 unit Winery Estates 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 4.55 acre site. Enclosed is a copy of the Planning Commission Resolution No. 12275 and the City Council Resolution No. 2005-421 approving Vesting Tentative Tract Map No. T-5409 and the related Condominium Conversion Application for the Winery Estates apartment complex. If you have any questions regarding this matter please contact me at the number listed above or via email at Paul.Bernal@fresno.gov. Sincerely, Planning Division aul Bernal, Planner III Enclosures: Resolution Nos. 12275 & 2005-421 Cc: Dirk Poeschel Land Development Services, Inc. SEP 2 1 M05 Winery Estates BY- 4875 E. McKinley#112 Fresno, CA 93703 September 19, 2005 Mr. Nick Yovino, Director City of Fresno Planning & Development Department 2600 Fresno Street, Room 3065 Fresno, CA 93721 Subject: Confirmation of washer and dryer connections for Winery Estates condo conversion TTM 5409 Dear Mr. Yovino: This letter shall confirm that all 106 apartment homes within Winery Estates condo conversion TTM 5409 currently have washer and dryer connections within each home. The option to purchase a washer and dryer will be up to each individual buyer. If you have questions you may contact Betty Gonzalez, community manager, at 559-233-4490. Sincerel , Willi Ayyad WGA cKinley, L.P. Cc:Mr.Paul Bernal Ms. Susan Hawkins Ms.Nicole Bussey Ms.Betty Gonzales Ms.Lynda Restovich . NOTICE OF EXEMPTION r !00, 5100004..21 z` I DATE RECEIVED FOR FILING: Office of Planning and Research FROM: CITY OF FRESNO +f� Y 1400 Tenth Street, Room 121 Planning and Development De Sacramento California 95814 2600 Street Fresno L e D Fresno, California 93721 X County Clerk County of Fresno SO)2) 8 2005 2221 Kern Street /71 Fresno,California 93721 C '!� nFPtJTY Subject: Filing of Notice of Exemption in compliance with Section 21152 of the Public Aesources,Code. Vesting Tentative Tract Map No. 5409 and related Condominium Conversion Application for the"Winery Estates"Apartments. Project Title Planning and Development Department City of Fresno N/A _ _ Paul Bernal, Planner (559)621-8073 State acted to Clearinghouse)Clearinghouse Number Lead Agency Area CodwTelOhone/Extension ( 1 Contact Northwest comer of East McKinleyand North Wine Avenues, Fresno Ci and County. Winery City tY Project Location(include County) Project Description:Vesting Tentative Tract Map No.5409 proposes to subdivide and convert the 106 unit"Winery Estates"multiple-family apartment complex into a one common lot condominium subdivision. The one common lot subdivision would 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 entire site. This is to advise that the City of Fresno,the Lead Agency,has determined to carry out the above-described project on September 27,2005, and has made the following determinations regarding the above-described project: 1. The project([ ]will [X]will not) have a significant effect on the environment. 2. [ ] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [ ] A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. [X] The project is Categorically Exempt pursuant to the provisions of CEQA. 3. Mitigation measures ([ ]were[X]were not)made a condition of the approval of the project. 4. A statement of Overriding Considerations([ ]was [X]was not)adopted for this project. 5. Findings([ ]were[X]were not) made pursuant to the provisions of CEQA. This is to certify that the above-described Categorical Exemption Finding and record of project approval,is available to the general public at the City of Fresno, Planning and Development Department,2600 Fresno Street, Room 3043, Fresno, California 93721. "ert J. Date Planning Manager, Planninan Development Department i Attachments: Project Vicinity Map City of Fresno Environmental Assessment No.T-5409 KAMASTER FILES-TRACT MAPS\TRACT 5409 WINERY ESTATES CONDO CONVERSION-PAUL BERNAL\T-5409 NOTICE OF EXEMPTION.DOC I i E20' 0510000421 CITY OF FRESNO +. CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5409' 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: Northwest corner of East McKinley and North Winery Avenues PROJECT DESCRIPTIOIN: United Development Group, Inc. has submitted Vesting Tentative Tract Map No. 5409 and related Condominium Conversion Application for the 'Winery Estates" apartment complex. The condominium conversion application will allow the applicant to convert the "Winery Estates" 106 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 106 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, McLane Community Plan and the Fresno Yosemite International Airport and Environs 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: August 9, 2005 Prepared By: Pa I I Planner III -CO o Submitted by: p o. Gilbert J. Har( ' LLJ Lu Planning Manager . CC City of Fresno Lv cn r Planning and Development Department bU� CID (559) 621-8277 .elf L= >_ C= 0 C) KAMaster Files -Tract Maps\Tract 5409 Winery Estates Condo Conversion—Paul Bernal\T-5409 Categorical Exemption Class 1.doc City of Department of Public Utilities Solid Waste Division 1325 E. EI Dorado Fresno, California 93706-2014 (559) 621-1452 . www.fresno.gov I May 17, 2005 TO: Paul Bernal., Planner III Development Department,Planning Division THROUGH: Robert Weakley, Chief of Operations P%ej Department of Public Utilities, Solid Waste Division I FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division I i SUBJECT: TT 5409, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5409 which was submitted by Rabe Engineering. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5409 will be serviced as a Multi Family Residential property with Bin Service. Developer shall provide at least 2 - 2 cell enclosures, built to current specifications of 22'x 10'.8". I • Owners are required to provide at least 53 cubic yards of solid waste service per week. This is the minimum service required for 106 units. • If 3 - 2 cell enclosures are to be constructed. Check the back up distance from the furthest enclosure. Solid Waste vehicles are not allowed to back in excess of 45% JAConditions of Approval_TT5409 i City of DATE: May 19, 2005 TO: Paul Bernal, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering.Manag Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5409, Public Works Conditions of Approval (Northwest corner of McKinley and Winery) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5409, which was submitted by UNITED DEVELOPMENT GROUP, INC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit Street Construction Plans and Traffic Signal plans to the Planning and Development Department for review and approval. Frontage Improvement Requirements: Existing Specific Mitigation Requirements: 1. This tract will generate 49 a.m. 161 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. Dedicate a corner cut and construct a curb ramp to Public Works Standard P-28, using a 25' radius on Winery at McKinley. ke)o\ mAct 3. This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of .. r pefn it based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is 621 (ADT's) x 41.47 (fee rate as shown in the Master Fee Schedule) $25,752.87. i I i Page 1 of 1 CALouise\TRACT MAPSIT-5409 NW COR MCKINLEY&WINERY.doc i City of . r-n %k,� DEPARTMENT OF PUBLIC UTILITIES Date: April 20, 2005 To: PAUL BERNAL,Planner III Planning and Development Department,Current Planning From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5409 General Vesting Tentative Tract No. 5409 proposes a condominium conversion for the"Winery Estates Apartment Complex, located on the northwest corner of East McKinley and North Winery Avenues. Environmental Recommendations The project poses no significant adverse sanitary sewer or water impacts. Sanitary Sewer Requirements Sanitary sewer facilities are available to provide service to the site subject to the following requirements: The project developer should contact Wastewater Management Division/Enviionmental Services (559) 621-5100 regarding conditions of service for special users. Water Requirements The proposed condominiums shall remain on the existing master water metered services. Landscape,domestic water and fire service charges shall be included in association fees. city of e REPORT TO iE CITY COUNCIL A ITEM NO. /p :0®am AVEND COUNCIL MEETING 7/270.5 September 27, 2005 APPROVED 9Y FROM: NICK P. YOVINO, Director �_ Planning and Development Departme DEPARTMENT DIREcr BY: GILBERTJ. HARD, Planning Ma ge cIT'MANAGE Planning Division ;' SUBJECT: VESTING TENTATIVE TRACT AP NO. 5409 AND RELATED CONDOMINIUM CONVERSION APPLICATION AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5409 FOR THE "WINERY ESTATES"APARTMENTS KEY RESULT AREA Customer Satisfaction i 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-5409 issued August 9, 2005. 2. APPROVE the Condominium Conversion Application for the "Winery Estates"Apartments. 3. APPROVE Vesting Tentative Tract Map No. 5409 subject to compliance with the Conditions of Approval dated August 17, 2005. i EXECUTIVE SUMMARY The applicant,_United Development Group, Inc., has filed Vesting Tentative Tract Map No. 5409 proposing to subdivide the 106 unit "Winery Estates" apartment complex into a one common lot condominium 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. The "Winery Estates" apartment complex is located on the northwest corner of East McKinley and North Winery Avenues.I The site is approximately 4.55 acres and is zoned R-3 (Medium Density Multiple Family Residential District) and is developed at a density of 23.2 units to the acre. The proposed project and zoning are consistent with the medium- high density residential land use designation of the Fresno Yosemite International Airport and Environs Plan, the McLane Community Plan and the 2025 Fresno General Plan pursuant to Government Code Section 66427.2 (Subdivision Map Act) of the State of California. On August 17, 2005, the Fresno City Planning Commission recommended approval of the Condominium Conversion Application and Vesting Tentative Tract Map No. 5409 to the City Council. KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the ,three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably. expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and F I REPORT TO THE CITY COUNt.,,i "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 2 Development Department. Employee satisfaction is derived from the fact)that the professional and technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process: i PROJECT INFORMATION PROJECT Conversion of an existing 106-unit apartment complex to a 106-unit condominium airspace subdivision on one'common lot APPLICANT Dirk Poeschel Land Development Service's Inc., on behalf of United Development Group, Inc. LOCATION Northwest corner of East McKinley and North Winery Avenues (Council District 4, Councilmember Westerlund) SITE SIZE 4.55 Acres (23.2 units to the acre) LAND USE Existing - Winery Estates Multiple Family Residential Complex Proposed - Condominium Airspace Subdivision ZONING Existing - R-3 (Medium Density Multiple Family Residential District) Proposed - R-3 (Medium Density Multiple Family Residential District) PLAN DESIGNATION. The Fresno Yosemite International Airport and Environs Plan, the AND CONSISTENCY. McLane Community Plan and the 2025 Fresno General Plan designate the subject site for development with the medium-high density residential land use designation which is consistent with the existing R-3 zoning pursuant to Government Code Section 66427.2 (Subdivision Map Act) of the State of California UNIT INFORMATION Floor Plan Number of Units Square Footage Unit "A" 2 Bedroom, 91 1,071 1 1/z Bathroom Floor Plan Number Square Footage Unit «B„ 3 Bedroom, 15 1,430 1 1/z Bathroom YEAR APARTMENT Constructed in two phases, March 4 and November 17, 1976 COMPLEX CONSTRUCTED PRESENT MONTHLY $500 -$700 RENTAL RATE ESTIMATED SALES PRICE $165,000—$200,000 OF CONDOMINIUM UNITS i REPORT TO THE CITY COUNCIL "Winery Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 3 ESTIMATED MONTHLY $200.00 OWNERS'S ASSOCIATION FEES ENVIRONMENTAL FINDING Finding of Categorical Exemption pursuant to Section 15301(k)/ Class 1 of CEQA filed on August 9, 2005 PLAN COMMITTEE The project is located within the Fresno Yosemite International RECOMMENDATION Airport and Environs Plan and the McLane Community Plan area, for which no citizen.advisory committees exist STAFF.RECOMMENDATION Recommend approval of condominium conversion application and approve the vesting tentative tract map subject to compliance with conditions of approval for T-5409 dated August 1.7, 2005 PLANNING COMMISSION On August 17, 2005 the Planning Commission voted to recommend RECOMMENDATION approval of the Vesting Tentative Tract Map No. 5409 and the Condominium Conversion Application by a vote of 5 to 0 with one commissioner recused BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use' R-3 Multiple Family North Medium-High Density Residential Medium Density Multiple Family Residential/Single Residential District Family Residences East McKinley Avenue/FID Canal East McKinley Avenue/FID Canal (Mill East McKinley South (Mill Ditch No. 36) Ditch No. 36) Avenue/FID Canal (Mill Ditch No. 36) East Public Facility M_.1-P Drive-Thru.Restaurants Industrial Park Manufacturing District West Community Commercial C-2 Shopping Center Community Shopping Center District ENVIRONMENTAL FINDING Pursuant to the Public Resources Code (California Environmental Quality Act (CEQA) — Section 21084) and the CEQA Guidelines (Section 15301[k]), the division of existing multiple family rental units into condominiums is categorically exempt from the requirement for the preparation of environmental documents. A finding of a Categorical Exemption was filed with the City Clerk on August 9, 2005. BACKGROUND / ANALYSIS The applicant, United Development Group, Inc., has filed Vesting Tentative Tract Map No. 5409 and a Condominium Conversion Application for the Winery Estates apartment complex on 4.55 acres of property located on the northwest corner of East McKinley and North Winery Avenues. The map would subdivide the apartment complex into a one common lot subdivision. The one common lot subdivision would allow for the sale of the individual airspace to buyers and would require that all buyers of residential I REPORT TO THE CITY COUN�1L "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 4 airspace share in common ownership of all buildings, streets, open space, walls, etc., for the 4.55 acre site. The City's Condominium Conversion Ordinance (Article 9, Chapter 12, Fresno Municipal Code), adopted on June 3, 1980, and substantially amended November 17, 1981, establishes regulations for the conversion of existing multiple family rental dwelling units to condominiums. The ordinance provides for twice yearly review of applications.by the Planning Commission with final action by the City Council. This condominium conversion application is being considered during the review period, which began December 1, 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: • 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. • Providing one washer/dryer for every five units • Tenant relocation plans must be responsive to tenant makeup of the project. • Tenant noticing and other tenant's rights provisions to conform to State Ilaw. • 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 of the SMA have been complied with, and Section 12-909-a and b of the Condominium Conversion Ordinance of the FMC. McLane Community Plan Advisory Committee The project is located,within the McLane Community Plan area which has no citizen advisory committee. Fresno City Planning Commission On August 17, 2005, the Fresno City Planning Commission considered the tract map and condominium conversion application. The applicant indicated that tenants who were living at the Winery Estates and received the Notice of Intent to Convert the apartments into condominiums are entitled to the benefits of the Tenant Relocation and Assistance Plan (TRAP). The Plan provides monetary assistance, lifetime leases for elderly and extended leases for students who are currently enrolled in' 12 units or more seeking a degree at a post-secondary educational institution or vocational, training program. The monetary assistance and/or extended leases are required to be offered to each tenant when the tenant receives: their 180 Day Notice to Vacate. The applicant further acknowledged that any new tenant that moved into the Winery Estates apartment complex that signed a six month rental lease or a year long rental lease after the Notice of Intent to Convert was delivered, would not be forced to vacate their unit until such time REPORT TO THE CITY COUNCIL "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 September 27, 2005 - Page 5 that their lease expires. The applicant further acknowledged that any tenant that moved into the Winery Estates after the initial Notice of Intent to Convert is not eligible for benefits'of the TRAP. After a full hearing, the Planning Commission, by a vote of 5-0 with one commissioner recused, recommended approval to the City Council of Vesting Tentative Tract Map No. 5409 and the related Condominium Conversion of the "Winery Estates" apartments. Building and Site Requirements ...The Condominium Conversion Ordinance requires that all units proposed for conversion meet minimum housing and building standards, and Zoning Ordinance standards primarily relating to parking, access, walls, and public improvement standards. Staff has prepared conditions of approval relating to the buildings and site requirements, which are contained in the..Change of Use/Occupancy Investigation Report, dated September 9, 2004, and in the conditions of approval for the tract map dated August 17, 2005. These requirements include maintaining compliance with the California Building Code, obtaining proper permits for the remodeled office, providing additional parking spaces, requiring that the tree requirements of one tree for every unit and one tree for every required parking,space be maintained, and providing 60 cubic feet of lockable storage area for each of the 106 units. Tenant Provisions Section 66451.3 of the SMA and the Condominium Conversion Ordinance (Section 12-909-a and b of the FMC) require that if the proposed.subdivision is a conversion of residential real property, a notice of public hearing 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 (TRAP)' 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 TRAP, staff concludes that the proposed plan for the Winery Estates project appears to meet the minimum requirements of the Condominium Conversion Ordinance. The information provided to existing and prospective tenants includes provisions to aid special classes`of tenants. These include lifetime leases for elderly tenants and extended leases for full time students. These provisions are contained in the submitted TRAP. However, it should be noted the rental rateJor the lifetime and extended student lease agreements may be increased during the term of the lease only in a manner provided in detail by the subdivider in the tenant plan but in no event shall any such increase be greater than eight percent per year. According to the lease agreements provided by the applicant, rent will be increased on an annual basis of eight percent compounded annually for those tenants that request a lifetime or extended student least. The TRAP contains the required minimum provisions, which may help to alleviate any impact upon tenants, which may be caused by tenancy termination as a result of the conversion. In addition, the TRAP states that a full refund of the security deposit will be given to tenants forced to vacate units, which is in addition to the required two-month rent equivalent relocation fee. It should also be noted that the project rent roll dated September 9, 2004, has indicated that there are 16 units within the Winery Estates which have tenants who receive Housing Choice Vouchers (Section 8), which is administered by the Housing Authorities of the City and County of Fresno. According to the TRAP submitted by the applicant, the tenants of these 16 units will not receive any special assistance above and beyond what will be offered to the other tenants. In addition, all new tenants that have moved into the apartment complex 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 apartment complex is in the process of being converted to condominiums and may be sold. Upon signing this notice the tenant acknowledges that no assistance will be provided for relocating if the unit they occupy is sold or upon receiving the 180-day notice to vacate. REPORT TO THE CITY COUNUIL "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 6 The applicant has also provided the city a Comparable Housing Availability Report, which is available to all tenants who may choose to leave Winery Estates 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 mile proximity to the proposed condominium conversion project. The applicant has also indicated in the TRAP that there will be a tenant relations representative to assist each tenant in the relocation process. Consistency with Adopted Plans and Local Ordinances The Fresno Yosemite International Airport and Environs Plan, the McLane Community Plan and 2025 Fresno General Plan designate the site for medium-high density planned land use and is zoned R-3 (Medium Density Multiple Family Residential District). Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the R-3 zone district does not conform to the medium-high density residential planned land use designation. However, Government Code Section 66427.2 (Subdivision Map Act) of the State of California does not mandate planned land use consistency findings for condominium projects which consist of the subdivision of airspace in an existing structure unless new units are to be constructed or added. The project, as proposed, consists of existing structures with no habitable additions. 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 new homes, increases in costs 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 Plal" and the Fresno City Housing Element, condominiums provide for an "affordable" housing alternative to individuals that may prefer the benefits associated with condominium home ownership. Although conversions of multiple family apartment complexes into condominiums provides an alternative to conventional single family home ownership, it diminishes the,number of apartment units available within the surrounding area that often provide housing options to a segment.of the community which are often disadvantaged individuals that are unable to purchase homes. In addition, when considered together with the recent conversion of three other apartment complexes (i.e. 220-unit "Villa Santa Fe", 118-unit "Emerald Estates" and the 18-unit "Boston Village") the proposed conversion would further reduce the number of available rental units. However, it should be stated that although the;conversion of apartments decreases the number of rentals within the city it does provide individuals with a wider-range of opportunity for homeownership. In addition, the Comparable Housing Availability Report provides a list of apartment complexes within one mile of the site that have comparable amenities to the Winery Estates, a copy of which is provided to each tenant opting to vacate and request assistance for replacement housing. The proposed conversion is considered to be 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. Based upon the above analysis and subject to compliance with the conditions of project approval dated August 17, 2005, the building standards and the proposed Winery Estates TRAP provisions, the 'condominium conversion project meets the criteria established by Article 9, Chapter 12 of the FMC. Major Street Improvement The site is accessed via East McKinley and North Winery Avenues. The 2025 Fresno General Plar, designates East McKinley Avenue as an arterial and North Winery Avenue as a local residential street: Given that the site is currenity developed with apartments, minimal off-site improvements are required. REPORT TO THE CITY COUNCIL "Winery Estates" Condominium Conversion Application a Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 7 i However, the applicant will be required to dedicate and install a wheelchair ramp at the corner of the East McKinley and North Winery Avenues. Other requirements include undergrounding the existing street lighting system within the limits of the tract, and the 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 August 17, 2005. i Condominium.Conversion Findings i 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. I 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. i 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 iof 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. I The City's General Plan Housing Element contains policies related to condominium conversion generally similar to the condominium conversion ordinance findings noted above. The McLane Community Plan and the 2025 Fresno General 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 McLane Community Plan Area. i i i i REPORT TO THE CITY COUNUIL "Winery Estates"Condominium Conversion Application z Vesting Tentative Tract Map No. 5409 September 27, 2005 Page 8 The Subdivision Map Act, Section 66427.1, further requires that the local legislative body (City Council) find that all tenants have received a 60-day notice of intent to convert (which staff has verified). The state law also requires that the Council find that each tenant and each person applying for rental of a unit has, or will have, received all notices and rights required by State law (compliance mandated by city ordinance). Further findings must be made at final map approval. Additionally, State law provides that any subdivision application be denied if it is found that the site is unsuitable, the natural environment will be damaged, .there are problems related to public health and safety or public easements, or that feasible energy conservation measures are not provided for. Staff concludes approval of the application would be consistent with these findings. If The tentative tract map, subject to the recommended conditions of approval dated August 17, 2005, 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. i CONCLUSION The appropriateness of the proposed project has been examined with the respect to its consistency wit .goals and policies of the Fresno Yosemite International Airport and Environs Plan, the McLan Community Plan, the 2025 Fresno General 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. 5409 is appropriate for the project site. K:\Master Files-Tract Maps\Tract 5409 Winery Estates Condo Conversion— Paul Bemal\Planning Commission &City.Council Reports\T-5409 City Council Report 9-27-05.doc Attachments: Vicinity Map 2005 Aerial Photograph of project site Vesting Tentative Tract Map No. 5409 (Exhibit A) Conditions of Approval for Vesting Tentative Tract Map No. 5409 dated August 17, 2005, including letters from Public Works Department, Engineering Division (May 19, 2005), Fresno Metropolitan Flood Control District (April 14, 2005), Change of Use/Occupancy Investigation Report (September 9, 2004) and Planning and Development Parking Lot Shading Standards Letter from Caltrans dated April 14, 2005 Environmental Assessment No. T-5409 (Finding of Categorical Exemption) issued on. August 9, 2005 Planning Commission Resolution No. 12275 City Council Resolution I R-3 aTU� R- z` R-2-A '7 W . W NORMAL R-7 R LU M-1- z_ UNIVERSITY i j i C-2 i MCKINLEY ( MCKINLEY CARMEN i R-1 I I } i W z - 3 WEATHERMAKER HOME Od" RT LEGEND Subject Property i i . 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I��I � �\� � gs 3 �� a oc iL C. 1 I CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT, CONDITIONS OF APPROVAL August 17, 2005 "WINERY ESTATES" CONDOMINIUM CONVERSION APPLICATION VESTING TENTATIVE TRACT MAP NO. 5409' Northwest corner of East McKinley and North Winery Avenues i 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 i In accordance with the provisions of .Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions ford 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 lthe imposition of the fees, dedications, reservations or exactions imposed on 'the development project. - GENERAL CONDITIONS j 1. Upon conditional approval of Vesting Tentative Tract Map No. 5409 entitled "Exhibit A," dated December 1, 2004, the subdivider may prepare a Final Map in acco dance 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 Vesting Tentative Tract No. 5409, dated December 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 Ito 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 (FMC) and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 1 i CONDITIONS OF APPROVAL 'Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page 2 of 10 August 17, 2005 I 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 FMC, shall be conditions of project approval as as 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 FMC (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 FMC. 6. Comply with the requirements of the Change of Use/Occupancy Investigation Report dated September 9, 2004. 7. Applicant shall provide 60 cubic feet of storage space for each unit in order to meet the requirements of the FMC, Section 12-907-c-2. 8. The number of trees will be determined by the following formula: a. Section 12-306N-24-g-3 of the FMC requires one medium size tree (30 — 60 feet at maturity) for each parking space, plus one medium sized treelor each residential unit. Thus a total of 265 trees are required per the following: i. 159 parking spaces = 159 medium sized trees ii. 106 residential units = 106 medium sized trees Total 265 medium sized trees required onsite However, the number of trees may be reduced to a number acceptable to the Planning and Development Department Director. ..9. Identify and list the number of exiting trees located on the subject property. 10. 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. 11. 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. 12. . 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. i CONDITIONS OF APPROVAL "Winery Estates" Condominium Conversion Application Vesting Tentative.Tract Map No. 5409 Page 3 of 10 August 17, 2005 13. 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. 14. 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. 15. The Physical Elements Report for the Winery Estates dated September 2004 indicates that there are a total of 146 spaces of which 107 are covered spaces and 39 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. 106 units x 1.5 = 159 parking spaces 16. Provide an additional 13 parking stalls. Exhibit "A" dated December 1, 2004, depicts 146 parking spaces. .17. The parking lot design must accommodate the provision of trees in accordance with the attached Parking Lot Shading Policy. 18. A minimum of six automobile handicap parking spaces are required for the proposed apartment complex per State of California Building Code, "Development. Requirements for Handicapped Accessibility". 19. 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. 20. 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. 21. 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. 22. 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. i i i CONDITIONS OF APPROVAL "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map.No. 5409 Page 4 of 10 August 17, 2005 . 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. i CONDITIONS OF APPROVAL { "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page 5 of 10 August 17, 2005 28. As a condition of Final Map approval, the subdivider shall furnishi to the city a subdivision guarantee listing all parties having any right, title, or interest and the,nature of their interest per State law. 29. 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) i 30. 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 properi 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. i 31. If archaeological. and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 32. 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. 33. If animal fossils are uncovered, the Museum of Paleontology at j 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. 34. 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 applicationwith the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment of pay off such assessment in full. i j j j • CONDITIONS OF APPROVAL 'Winery Estates" Condominium Conversion Application . Vesting Tentative Tract Map No. 5409 Page 6 of 1.0 August 17, 2005 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) 621-6690 .(Ann Lilie) for the street tree.requirements. FIRE SERVICE 37. Developer must install on-site hydrant(s). Provide fire hydrant flow'of 2500 GPM eight-inch water main minimum. ! 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. SOLID WASTE 41. Vesting Tentative Tract Map No. T-5409 will be serviced as a Multi-Family Residential property with Bin Service. ! ! I I. CONDITIONS OF APPROVAL "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page 7 of 10 August 17, 2005 i 42. Developer shall provide at least two —two cell enclosures, built to current specifications of 22- feet by ten-feet,eight-inches. 1 43. Owners are required to provide at least 53 cubic yards of solid waste service per week. This is the minimum service required for 106 units. i 44, If three —two cell enclosures are to be constructed then the back up (distance from the furthest enclosure shall not be in excess of 45-feet. i STREETS AND RIGHTS-OF-WAY j i 45. All required signing and striping shall be done by, and paid for, Eby 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. 5409 to the Transportation Section of the Public Works Department for review and approval. I 46. 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-lirits 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. i 47. All of the required street improvements shall be constructed and/or installed in accordance with the City of.Fresno Standard Specifications (2002 Edition). 48. 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. 49. Dedicate a corner cut and construction ramp to Public Works Standard P-28, using a 25-foot radius on the northwest corner of East McKinley and North Winery Avenues. 50. This project shall pays it Traffic Signal Mitigation Impact Fee (TSM( Fee) at the time of Final Map based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is 621 (ADT's) x 41.47 (fee rate as shown in the Master Fee Schedule) = $25,752.87. 51. Comply.with the requirements of the attached Public Works Department, Engineering Division memorandum dated May 19, 2005. SANITARY SEWER SERVICE I 52. An 24-inch sanitary .sewer main exist in North Winery Avenue to serve the proposed subdivision, The following conditions area required to provide sanitary sewer service to the tract: i i I i i CONDITIONS OF APPROVAL 'Winery Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page S of 10 August 17, 2005 i a. The project developer should contact Wastewater Management Division/Environmental Services (559) 621-5100 regarding conditions of service for special users. j WATER SERVICE i 53. A 12-inch water main exists in North Winery Avenue to serve the proposed subdivision. The following conditions are required to provide water service to the tract i . 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. 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 April 14, 2005. DEVELOPMENT FEES AND CHARGES I 56. This project is subject to the following development fees and charges I FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEEIRATE a. Metropolitan Flood Control District Fee $0 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0110/sq. ft. (to 100' depth) C. Oversize Charge* $0 05/sq. ft. (to 100' depth) i d. Trunk Sewer Charger N/A Service Area: Cornelia e. Wastewater Facilities Charge-T. $2,i119/living unit I f. Copper Avenue Sewer Lift Station Charge* N/A g. Fowler Trunk Sewer Interim Fee Surety* N/A i i CONDITIONS OF APPROVAL "Winery Estates" Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page 9 of 10 August 17, 2005 h. House Branch Sewer Chargee WA 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* $0.50/lineal foot I. Transmission Grid Main Charge* $6:43/gross acre (parcels 5 gross acres or more) m. Transmission Grid Main Bond Debt Service Charge $243/gross acre (parcels 5 gross acres or more) n. UGM Water Supply Fees Service Area: N/A o. Well Head Treatment Fees Service Area: N/A p. Recharge Fees Service Area: N/A q. 1994 Bond Debt Service Service Area: N/A DEVELOPMENT IMPACT FEE FEE RATE r. Northeast Fresno Policing Area. N/A S. Traffic Signal Charge* $290.28/living unit URBAN GROWTH MANAGEMENT FEE RATE t. UGM Fire Station Capital Fee* N/A Service Area: U. UGM Park Fee* N/A Service Area: i CONDITIONS OF APPROVAL "Winery Estates"Condominium Conversion Application Vesting Tentative Tract Map No. 5409 Page 10 of 10 August 17, 2005 i V. Major Street Charge* N/A Service Area: { w. Major Street Bridge.Chargew► N%A Service Area: 1 X. UGM Grade Separation Fees N/A Service Area: i Y. UGM Trunk Sewer Charge* N/A Service Area: i .z. Street Acquisition/Construction,Charger N/A Notes: + Due at time of development I, Deferrable through Fee Deferral Covenant. { If'Due at time of subdivision. i I I� I_ I I I i i i i i i I i i i CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING VESTING TENTATIVE TRACT MAP NO. 5409 AND RELATED CONDOMINIUM CONVERSION FOR THE "WINERY ESTATES" NOTICE IS HEREBY GIVEN that in accordance with Sections 65090 and 65091 (Planning and Zoning Law) and Section 66451.3 (Subdivision Map Act) of the Government Code and pursuant to Section 12-905(c)(4) of the Fresno Municipal Code, .the Fresno City Council will conduct a public hearing to consider the Condominium Conversion Application and Vesting Tentative Tract Map No. 5409, filed by United Development Group, Inc., pertaining to 4.36 acres of land"located on the;northwest corner of East McKinley and North Winery Avenues. 1. VESTING TENTATIVE TRACT MAP NO. 5409: Requests authorization to subdivide the 'Winery Estates" multiple-family apartment complex into a one common lot condominium map. The one-lot condominium map will allow for the sale of 106 units for individual airspace ownership located on the northwest corner of East McKinley and North Winery Avenues. 2. CONDOMINIUM CONVERSION APPLICATION: Request authorization to convert the . 'Winery Estates" multiple-family apartment rental complex into a condominium owner-occupied complex. 3. ENVIRONMENTAL ASSESSMENT NO. T-5409: Recommend that a Categorical Exemption .(Section 15301(k)/Class 1) from the requirements of the California Environmental Quality Act be adopted for the vesting tentative map. i FRESNO CITY COUNCIL i Date:. Tuesday, September 27, 2005 Time: 10:00 a.m., or thereafter Place: Fresno City Hall Council Chamber, Second Floor 9ffln FrP.qno StrP.P.t. Fresno. California 9791 Any interested person may appear at the public hearing and present testimony in regard to this matter. If you challenge Vesting Tentative Tract Map No. 5409 in court, you may be limited to raising only. those issues you or someone else raised at the public hearing described in t6s notice, or in written correspondence delivered to the Fresno City Council at, or prior to, the public hearing. The City Council's action pertaining to the tentative tract map, condominium conversion application and related environmental assessment is final. NOTE: Government Code Section 65091 requires that this notice be sent to owners of property within 300 feet of the subject property. The City of Fresno Planning and Development Department mails this notice to the property owners within 350 feet. For additional information, contact Paul Bernal, Planning and Development Department, Planning Division, City Hall, 2600 Fresno Street, Fresno, California 93721 L3604, by telephone at (559) 621-8073, or via e-mail at Paul.Bemal@fresno.gov. i NICK P. YOVINO, Director 'REBECCA E. KLISCH Planning and Development Department City Clerk Dated: September 27, 2005 Assessor's Parcel No. 494-160-16 I City of DATE: May 19, 2005 TO: Paul Bernal, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manag Public Works Department, Engineering Division i FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5409, Public Works Conditions of Approval (Northwest corner of McKinley and Winery) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5409, which was submitted by UNITED DEVELOPMENT GROUP, INC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public;Works Department. General Conditions Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit Street Construction Plans and Traffic Signal plans to the Planning and Development Department for review and approval. Frontage Improvement Requirements: Existing Specific Mitigation Requirements: 1. This tract will generate 49 a.m. / 61 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. Dedicate a corner cut and construct a curb ramp to Public Works Standard P-28, using a 25' radius on Winery at McKinley. 3. This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee);at the time of be4dipg per-w t based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is 621 (ADT's) x 41.47 (fee rate as shown in the Master Fee Schedule) _ $25,752.87. Page 1 of 1 CALouise\TRACT MAPS\T-5409 NW COR MCKINLEY&WINERY.doc i I File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS i. { i PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager UNITED DEVELOPMENT GROUP, INC. Planning & Development Department 9252 CHESAPEAKE DR., SUITE 100 City of Fresno SAN DIEGO, CA 92123 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5409 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " V DRAINAGE AREA „ V $0.00 DATE GJ DRAINAGE AREA ►, _ ,i, TOTAL FEE $0.00 i ! The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in.cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this f Master Plan by this development project will satisfy the drainage related CEQAINEPA impact of the project mitigation requirements. I 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. 0 Considerations which may affect the fee obligation(s) orthe timing or form of fee payment: j 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. I c) `MasterPlan storm drainage facilities may be constructed, or required to be constructed in lieu ofpaying fees. j d) The actual cost incurred in.constructing Master Plan drainage system facilities is credited against the drainage fee obligation. i I I I 5409 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i 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 remain!same as the existing. b. Grading and drainage patterns shall be as identified on'Exhibit No. 1 // 2 c. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. l as "Master Plan Facilities to be constructed by Developer". X None required. �. 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 i d. See Exhibit No. 2. 5." The proposed development: X Appears to be located within a X 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy Does not appear to be located within a flood prone area. S4M 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3.194 Two sided document IIF FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 I 6: The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Perinits) require developers of construction projects disturbing one 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 topollutants generated during construction, and to those which may be generated by operations at the development after construction. a. I 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 tb: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees 10 in permit compliance, and complete anannual certification of compliance. ■ I 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 P 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. i i f i i i i 5409 5469 E.OLIVE - FRESNO,CA 93727 . (559) 456-3292 - FAX(559)456-31194 Two sided document . i i i 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. See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakem Project Engineer: Ne a Shakeri District Engineer C: RABE ENGINEERING, INC. 2021 N. GATEWAY BLVD. FRESNO, CA 93727 i 1 5409 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i i .i i FLOOD PLAIN POLICY j Primary Flood Plains Because of the relatively high velocities and volumes of flood flow associated with primary flood plains, and because the primary flood plain is responsible for passing the greatest percentage of the flood event,development located in such flood plains is subject to substantial risk,both to itself and to others as a result of the potential for blockage and diversion of floodwaters. In view of these factors, the following policy statement is proposed: I Policy 1) All proposed development activity shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development,to the secondary flood plain and the primary flood plain; and, further, to identify the estimated high water elevation of the 100- year flood event. 2) All development and/or permanent improvement activity which, if located within the primary floodway, may.unduly impede, retard, or change the direction of flow of water either,by itself, or by the catching or collecting of other.debris or is placed where the flow of waterr would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted: i Secondary Flood Plains i Because development within secondary flood plains is subject to inundation,but:without the threat of increased velocities of flood waters, and because the excessive development of the secondary flood plain can result in increased water surface elevations through displacement of flood.waters, the. following policy statement is suggested: I Policy 1) Development in secondary flood plains is generally ;acceptable when a detailed hydrological flood hazard investigation report had been prepared indicating that the area proposed for development is located within a secondary as opposed to a primary flood plain. i 2) The development must be properly flood proofed below the estimated high water elevation of the 100-year flood event. i 3) The development is accomplished in such a way las to prohibit the displacement of any and all flood waters from that portion of the flood plain to be developed. en,lenorform\floodplain policy-form i , - i City of ■ A ■�sL'L�%1� i Development Department 2600 Fresno Streat • Third Floor Nick Yovino, AICD Fresno, California 93721-3644 Director (559) 521-8004 FAX(559)488-1020 CONDOM MUM CONVERSxON. INVESTIGATION . Date: 9-9-04 SUBJECT: CONDOMINIUM CONVERSION 12*4VES"17GATION Subject Address: 4863 E.McKinley i From Occupancy Group: R-X To Occupancy Group: R-3 I APN Number: 490-16016 Action: conversion . i The Condominium Conversion.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 200I 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) 1997 Edition The Uniform Plumbing Code(UPC) 1997 Edition The Uniform Mechanical Code(UMC) 1997 Edition The National Electrical Code(NEC) 1996 Edition The Uniform Fire Code(UFC) 1997 Edition GENERAL,INFORMATION The condominium conversion investigation concludes that the proposed building use is pertnittcd provided that the building complies with, or is alterod to comply with, all curmnt.state codes and local amendments of the City of Fresno, and all requirements of the City Zoning Ordinance. Any deviation(s) from such "isting codes, amendments or ordinances must be pre-approved by the Building Official or the Development Department . Director. i Page l of 4 i I This building is not to be occupied or used for any purpose other than its apptuJed 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 submitral to the Development Dcpa=cnt for plan review and approval. Pians 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(559-498-1052). I i 3. This list does not necessarily include all possible deficiencies for.tho oonversioo. 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 constuedon conditions. ! j i DU LDINGUFE—SAFETY RTOLTCY2EMNTS (498-1375 I 1. Permits and plans shall be required for all repairs or alterations to existing units. a. Smoke detectors provided at locations inquired by section 310.9.4 of 2001 California Building Code. I b. Provide address and unit numbers on all buildings. C. Comply with all handrail and guardrail requirements at stairs and balconies. d. Comply with all enclosure and access Sate requirements for onsite swimming pool areas. J 2. Provide approved handrails ) `4" diameter placed between 34" to 38"high.with intermediate rails on open side with maximum 4" spacing. 3. Shake roofs to be removed and replaced with 25 year comp. (Ra-roof permit requited.) 4. Provide full plans for Recreation/Office. i a. Recreational budding/office alterations note-office remodeled without permits. b. Restrooms-recreation/office. c. Elevation margin ii" at entry doors. I d. Safety glazing. i 5. Smoke detectors required in all sleeping rooms and hallways-upper ceiling and provide detectors at lower ceiling. 6. Permanent address needed on all buildings. PLUMBING AND MECHANICAL REOMEMENTS (498-138 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 deficiencIies. . j . I Page 2 of 4 i Jcr'1 r-dt=-i 10-Vo r"Ilu rIIIW LC\n-L- LCrI JJ7 `.JU YJJI 1•'.r.,r; Plumbing/Mechanical Requirements 1, Provide earthquake straps on water heaters as required by section 510.5 of the 2001:California Plumbing Code. 2. Provide permanent ladders for roof access. ELECTRICAL REOUMEMENTS (4984381) 1. All indoor and outdoor receptacles shall have three-wire grounding. 2. Provide ground-fault-circuit-interrupter protection for personnel, at locations required by article .. 210-8 of 2001 Cali forma Electrical.Code. 3. All bedrooms shall have st least two receptacles which are equally spaced,per minimum Housing Standards, { 4. The combined living and dining area shall be provided with at least four receptacles, per minimum Housing Standards. 5. Receptacles shall be provided at kitchen counter spaces of more than 30 linear inches. 6. All outside entrances shall be providcd with lighting. .7. Separate electrical meters and over current devices shall be provided for each unit is conformance with 200I California Electrical Code. Living Unita 8. All lighting fixtures in clothes closets are to comply with article 414-8 of 2001;CEC, 9. Properly identify all circuit breakers. Rental Office 10. Remove all cord wiring being used and properly reinstall in an approved manner using proper winug methods. 11. Interior office area has been added`vithout proper permits or inspections. 12. All flush light cans are to be replaced with type that arc IC rated or existing cans are to be ehioldad to prevent contact with insulation. 13. Replace missing deadfront cover for the mann distribution panel. 14. Repair or replace all damaged or missing electrical equipment General. 15..' Common area lighting is not to be supplied from individual units. Article 210-2S cf2001 CEC provide a complete site lighting plan for approval. r Page 3 of 4 �- `rte +-� `_ul 1.I♦vu - .- lJJ7 C�1 0000 I U.44 16. Properly repair, replace, or remove all damaged electrical equipment { 17. All main service circuitbreakcrs are to be properly identified. 18. Provide plans or details for all proposed modifications. i . . I i i } - i i i f i i i f . i. . . r i Page 4 of 4 City of DEVELOPMENT DEPARTMENT PERFORMANCE TANDA DS R ANCE S R FOR PARKING LOT SHADING POLICY Frfty 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. SFFE PLAN REQUIRED 3. A landscape plan which details the degree of compliance with the Parking Lot Shade j 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 iof 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. fi. 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. i 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. j 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 pis 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. I 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.) • 1 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 necessay for health of the tree and public safety; or as may otherwise be approved by the Development Department. i City of Fresno j Development Department Performance Standards for Per dng Lat Shading Page 2 MINIMUM PLANTER SIZE (Between tiers of .parking) Continuous Planter New Development Existing Development Standard Parking Stall S fQet fPP Compact Parking Stall F feAt 4 feet Along Periphery .10 feet except as may be approved pVrsuant to Municipal. Code. MINIMUM SIGHT TRIANGLE 10 feet in Traffic areas 30 feet - 35 feet at street intersections 00 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" ot exceed two and one-half feet above the parking lot surface. f "ty of Fresno Development Department formance Standards for Parking Lot Sharing Page 3 . CFTY OF FRf 40 PARKS AND RECREATION ^EPARTMENT set b 3S leet dlarr'+ater•tri t W'X.962 square feet 50%./•1 48/1 xis(eel ! 240 square feet 6otartk al P�r� r S'¢e Heytzi Growth RootsTV= Remarks Name (Sq. R) (Feet) Rate I=rhornbTola 6 50 Rapid Shakw ous il-ffTE ALDER ells*ertsis 6 5o Moderate Medium to us KkIESi;.HACKS ERRY DeQp k�rramomturrt Camgttara 8 : Sq Slaw Shaligw en,AJ4iPFlOf� TREEelowackun a Taywoodi 6 40 Fast Medium us,dark green . 4YWOOD ASH Som toiage riTo biota .6 .50 Slow Deep ! Most Deciduous,very dear AIDENHAIR TREE Sods tree fodendron hrti Fera 8 60 Moderate Medium — Deep Deoduous, s�cV4b{e W TREE _ _. ! Most to aphids,causes doming W,oEa grandrtiora 8 5o Slow Medium Most Eye�Constant KITHERN MAGNOLIA ;Sods m tacia d*iesis 6 40 Moderate Deep Most Deciduous,provides MESE PISTACHE Soils. • • filtered shade, excellent faQ color tarxrs acerTo&a .8 50 Fast Medium to ;Masi Deciduous, MOON PLANE TREE Deep :Soils anthracnose,red SO*pmt bloodgood variety gars agrifoira 8 so Moderate Deep Most. Evergreen,biannual AST LIVE OAK Soils acorn drop xcus lex 6 so Moderate Deep Deep Evergreen,biannual 1Y OAK heavy acorn drop acus fobata 8 50 Moderate Deep Deep Deciduous - LEY OAK rt�t5 sober 8 60 Moderate Deep Moist Evergreen 3K,OAK Drained cats vsrgirtiarta 8 60. Moderate Deep Most Evergreen, attractive, iTHERN LIVE OAK Soils bright green Wage. run molle 8 40 Rapid Shallow Most Evergreen,should be fFORNIA PEPPER.TREE Sods thimed annuaky or may up-root ts'Sempervirens' 6 50 Rapid Medium Mast Semi-evergreen, iESE EVERGREEN ELM Soils should be annually trimmed Na serrata 8 Fast Medium Most Deciduous, attractive LEAFZELKOVA Spies vase:shape Fresno I Developmerrt Departmertt lance Standards for Parfdng Lot Shading ! Page 4 ' I ,full to'?0 keet dLwrArter t Bas •may 7U7-quara(ee - J�e 354 feet 25 -177 square feet Botankl Planter Height Growth Roots Sat fmari� Name size (Feet) Rate (Sq_FL) Ceratonia Sii5qua 8 40 Moderate Shallow Mai Evergreen, use male trees CAROB TREE i Sad cnfy tCoslreuteria Panlariafa 6 35 Moderate Deep Most Deciduous,draught GOLDENRAfN TREE Sons resistant,yellow flowers LkNida styracftm 8 60 Moderate Shallow Most Deciduous,seed podsa AMERICAN SWEET GUM Sons fitter probterr> fat calor Pinus canariensis 6 60 Fast Deep most Evergreen axrifer, CAWY ISLAND PINE Soils bluegreen needles, shed mnstarrtty Piruts Eidauica 6 60 Fast . Deep Most - Evergreen,coaar,good MCNDE1 PINE Sails color 133(=C.'8radford fi 30 Fast peep -Most Evergreen,white flowers, 1 BFVDFORD PEAR Sorbs good fall color 1 Oveams pahmtrfs 6 50. Fast Shallow Best in Declduous,bxrnm leaves PLN OAK Clay Soil hand on during winter Pntr=t pis i 6 20 Fast Medium Most Deciduous,purple leaves. FURPLE-LEAF PLUM Softs messy M sebifenum 6 35 Fast . Medium . Most Deciduous,surface roots, i'341NESE TALLOW TREE. Sons good fall color lata sempervirens 8 70 Fast Deep Most Evergreen, conifer . COAST REDWOOD Salts 15 feet to 20 feet diameter 100%-314 square feet SC%=157 square feet 25%- 79 square feet Acer pafmatum 4 20 Stow Shallow Moist Deciduous,best In attemoor JAPANESE MAPLE Drained shade Genas canaderrsis 4 20 Moderate Medium Most Deaduaus,draught EASTERN REDBUD Soils resistartt,spring flowers J Malus purpurea Ekyi 4 20. Moderate .Medium Most Deciduous,wine red flowers ELEY CRABAPPLE Snits to spring j Podaarrpus. grad 6 40 Moderate Deep Most Evergreen, dean and pest FERN PINE Soils Ire- Pais Kawakami 4 25 Moderate Medium Most Deciduous,subject to fire- EVERGREEN PEAR Soft bright Rhus lancea 4 25 Medarm Oedims most Evergreen,shirty green AFRICAN SUMAC Soils foliage, drought,suckers rCn11PR G +ty of Fresno Development Departm, 'edonnance Standards for Parking Lot Shading Page EIATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY _ ARNOLD SCHW ARZENEGGER Govemor DEPARTMENT OF TRANSPOR-_xTION - 1352 WEST OLIVE AVENUE P. O.BOX 12616 FRESNO,CA 93778-2616 "NONE (559)445-6666 1 V Flet ourpower! (559)483-4083 C `{ -'"� Be energy efficient! (559)488-4066 �� fJ April 14, 2005213 1 ]EV A-O ME�`;�DE � a ENT 6-FREIE 8-0 9�+//-- �1V OF FR T-5409 WINERY ESTATES Mr. Paul Bernal City of Fresno Development Department . 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Mr. Bernal: We have reviewed the proposal to develop a multi-family residential project (106 units) located on the northwest comer of East McKinley and North Winery Avenues. Caltrans has the following comments: The proposed development, in and of itself, is not expected to create significant impacts to the State Highway System. However, continued development has the potential to create cumulatively significant impacts to both transportation and air quality. As the General Plan Update Master EIR did not evaluate cumulative impacts to these resources,the City should consider a mechanism for evaluating and mitigating for them. The,City should consider a transit alternative for this project. There is sufficient development in this general area to support transit, and 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. The City should consider using the"Toolbox"from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. 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. If you have any questions, please call me at (559)445-6666. Sincerely, MOSES STITES. ... . Office,of:TransportationPlanning. >. District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobiUry across California" CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5409 THE PROJECT.DESCRIBED HEREIN IS DETERMINED TO BE CATEGORCIALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDE-LINES. APPLICANT: United Development Group,Inc. 9252 Chesapeake Drive, Suite 100 San Diego, California 92123 PROJECT LOCATION: Northwest.corner of East McKinley and North Winery Avenues PROJECT DESCRIPTIOIN: United Development Group, Inc. has submitted Vesting Tentative Tract Map No. 5409 and related Condominium Conversion Application for the "Winery Estates" apartment complex. The condominium conversion application will' allow the applicant to convert the . "Winery Estates" 106 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 ..aijow for the sale of the 106 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, McLane Community Plan and the Fresno Yosemite International Airport and Environs 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: August.9, 2005 - Prepared By: Pa I I Planner III Submitted by: Q o. Gilbert J. Hai LrJ Planning Manager; . City of Fresno W rn r. Planning and Development Department (559) 621-8277 � U. Q U K:\Master Files -Tract Maps\Tract 5409 Winery Estates Condo Conversion—Paul Bernal\T-5409 Categorical Exemption Class 1.doc FRESiv O CITY PLANNING COMMISSION RESOLUTION NO. 12275 i } The Fresno City Planning Commission at its regular meeting on August '17, 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. 5409 (The Winery Estates Condominium Conversion) was filed with the City of Fresno and proposes to subdivide the 106 unit "Winery Estates" apartment complex into a one common lot condominium subdivision on 4.55 acres of land located on the northwest corner of East McKinley and North.Winery Avenues; and, WHEREAS, the Fresno City Planning Commission conducted a public hearingon August 17,2005, 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, the McLane Community Plan, the Fresno Yosemite International Airport and Environs 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 August 17, 2005. 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. 5409 may have a significant effect on the environment as identified. by the finding of Categorical Exemption issued on August 9, 2005, prepared for Environmental Assessment No. T-5409. 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, the McLane Community Plan, the Fresno Yosemite International Airport and Environs 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. 5409 (The Winery Estates Condominium Conversion) subject to compliance with the following conditions: 1. Planning and Development Department Conditions of Approval dated August 17, 2005. i 2. Compliance with requirements of the Change of Occupancy Investigation Report dated September 9, 2004. { 1 I f Planning Commission Resolution No. 12275 Vesting Tentative Tract Map No. 5409 August 17, 2005 Page 2 of 2 i The foregoing Resolution was adopted by the.Fresno City Planning Commission upon a motion. by Commissioner DiBuduo, seconded by Commissioner Vasquez (Vice Chair). VOTING: Ayes - ❑iBuduo, Vasquez (Vice Chair), Cherry, Vang, Brand (Chair) Noes - None Not Voting - Kissler Absent - None i DATED: August 17, 2005 NICK P YOVINO, Secretary Fresno ity Planning Commission Resolution No. 12275 Vesting Tentative Tract'.Map No. 5409 "Winery Estates" Condominium Conversion Application filed by Dirk'Poeschel Land Development Services Inc., on behalf of United Development Group Inc. Action: Recommend Approval KAMaster Files-Tract Maps%Tract 5409 Winery Estates Condo Conversion-Paul Bemal%Ranning Commission&City Council Reports%T-5409 Planning Commission Resolution 12275.doc v I RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 5409 (THE WINERY ESTATES CONDOMINIUM CONVERSION) The Fresno City Council, at its 'regular meeting on September 27i' 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. 5409 (The Winery Estates Condominium Conversion) was filed with the City of Fresno and proposes to subdivide the 106-unit "Winery .Estates" apartment complex into a one common lot condominium subdivision on 4.55 acres of .land located on the northwest corner of East McKinley and.North Winery Avenues; and, WHEREAS, the Fresno .City Planning Commission conducted a public hearing on .August 17, 2005, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision and concluded that the tentative map is consistent with the 2025 Fresno General Plan, the McLane Community' Plan, the Fresno Yosemite International Airport and Environs 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 August 17, 2005; and, i t WHEREAS, on September 27, 2005, the Fresno City Council held a public hearing to consider Vesting Tentative Tract Map No. 5409 and received both oral testimony and written information presented at the hearing regarding the proposed conversion of the "Winery Estates" { apartments to a condominium project. i 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 { y City Council Resolution No. Vesting Tentative Tract Map No..5409 September 27, 2005 Page 2 Tract Map No. 5409 may have a significant effect on the environment as identified by the Categorical Exemption issued on August 9, 2005, prepared for Environmental Assessment No. T-5409. i 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, the McLane Community Plan, the Fresno Yosemite International Airport and Environs Plan and 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. R BE IT FURTHER RESOLVED that the Fresno City Council hereby approves Vesting Tentative Tract Map No. 5409 (The .Winery,Estates Condominium Conversion) subject to compliance with the following conditions: 1. Planning and Development Department Conditions of Approval dated August 17, 2005. 2. Compliance with requirements of the Change of Occupancy Investigation Report dated September 9, 2004. a 1 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: i Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk j By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Vesting Tentative Tract Map No. 5409 (The Winery Estates Condominium Conversion) Filed by Dirk Poeschel Land Development Services Inc., on behalf of United Development Group, Inc. Assessor's Parcel No. 494-160-16 KAMaster riles-Tract MapslTract 5409 Winery Estates Condo Conversion—Paul BemaRT-5409 City Council Resolution 9-27-05.doc _ •/' x..r .0 ( III � . t' - OFFICES OF I11��P�'A 'ATI OI�T �I►�Tl�� C� � PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE — FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water April 11, 2005 Mr. Paul Bernal City of Fresno Planning and Development Dept. APR 12 20053 2600 Fresno Street, 3>d Floor Planning Division Fresno CA 93721-3604 DeveiopmentDePaltmen 011 Y OF FRE RE: VTTM No. 5409 Dear Mr. Bernal: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnsongfresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I I Agencies\City\VTTM5409 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO City of r taiVA kor Planning & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 i January 24, 2005 Please reply to: Paul Bernal (559)621-8073 i Rabe Engineering, Inc. 2021 North Gateway Boulevard Fresno, California 93727 SUBJECT: VERIFICATION OF APPLICATION DOCUMENT FOR TENTATIVE TRACT MAP NO. 5409 LOCATED ON THE NORTHWEST CORNER OF EAST MCKINLEY AND NORTH WINERY AVENUES. In accordance with Section 12-1005 of the Fresno Municipal Code, the above-noted tentative parcel map application, has been reviewed for completeness of form and content. The map, as submitted does not provide all of the information necessary to consider the application as complete. The attached checklist and marked-up copy of the tentative tract map indicate the information that must be added or modified in order to render the tentative tract map complete and acceptable for processing. Prior to submittal, please submit two copies of the revised tentative tract map for pre-filing review. When the tentative map is correct and acceptable for processing your submission should consist of 50 copies of the tentative tract map. If you have any questions or require additional information please contact this office. Sincerely, A G DIVISION Pau ernal Planner III Enclosures i KAMaster Files-Tract Maps\T-5409 Winery Estates Condo Conversion--Paul Bernal\VerificationLetter.wpd