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HomeMy WebLinkAboutT-5798 - Agreement/Covenant - 8/15/2007 City of Planning & Development Department 2600 Fresno Street -Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1012 December 8, 2006 Please reply to: Meenakshi Singh (559) 621-8064 Susan Glading Quad Knopf 8405 North Fresno Street, Suite 300 Fresno, California 93720 SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING TENTATIVE TRACT MAP NO. 5798 LOCATED ON THE EAST SIDE OF H STREET BETWEEN SACRAMENTO AND AMADOR STREETS. (APN: 466-194-12) Dear Applicant: At its regular scheduled meeting on November 15, 2006 the Fresno City Planning Commission took the following action regarding the above referenced tract map: 1. Approved the environmental finding of Environmental Assessment No.T-5798 dated November 10, 2006 that the project is exempt under Class 15 of the California Environmental Quality Act (CEQA) Guidelines. 2. Approved Vesting Tentative Tract Map No. 5798 requesting to subdivide the 0.69-acre site into a one common lot condominium subdivision, subject to compliance with the Conditions of Approval dated November 15, 2006 and Planning Commission Resolution No. 12596. Enclosed is a copy of the Conditions of Approval dated November 15,2006 and the Planning Commission Resolution adopted for Vesting Tentative Tract Map No. 5798. If you have any questions regarding these items please contact me at the number listed above or via e-mail at Meenakshi.Singh@fresno.gov. Sincerely, PLANNING DIVISION 0 Meena shi Singh, Planner III Planning and Development Department C: Jeffrey Roberts Enclosure: Conditions of Approval dated November 15, 2006 Planning Commission Resolution No. 12596 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12596 The Fresno City Planning Commission at its regular meeting on November 15, 2006, 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. 5798 was filed with the City of Fresno and proposes to subdivide the subject property into a 26-unit two story multiple family residential complex on 0.69 acre of land located on the east side of H Street between Sacramento and Amador Streets; and, WHEREAS, on April 24, 2006, the Fulton-Lowell Specific Plan Advisory Committee, reviewed and recommended approval of the related Variance Application No. V-06-08 and the Site Plan Review Application No. S-06-81; and, WHEREAS, on July 14, 2006, the Planning and Development Director, approved the related variance and the site plan review applications subject to the Conditions of Approval dated July 14, 2006; 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 November 15, 2006; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on November 15, 2006, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision, and concluded that the vesting tentative tract map is consistent with the 2025 Fresno General Plan, the Central Area Community Plan and the Fulton-Lowell Specific Plan; and, WHEREAS, during the November 15, 2006 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested subdivision; and, WHEREAS, no neighbors spoke in opposition to the project. 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. 5783 may have a significant effect on the environment as identified by the Environmental Assessment No. T-5798, Class 15, Categorical Exemption dated November 10, 2006. BE IT FURTHER RESOVLED that the Fresno City Planning Commission finds that approval of the vesting tentative tract map subject to Section 12-403-B of the Fresno Municipal Code is consistent with the 2025 Fresno General Plan, the Central Area Community Plan and the Fulton-Lowell Specific Plan and findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5798 subject to the Planning and Development Department Conditions of Approval dated November 15, 2006, and the following clarifications to said conditions: 1. Condition No. 41: Provide cul-de-sac in public alley northwest of emergency gate for vehicle turn around or re-route alley traffic to connect with H Street. Staff clarified for the record that on September 19, 2006 evidence was heard for and against the vacation of the said public alley easement in a public hearing before the City Council. The Council took action to approve the vacation of the public alley without requiring the cul- de-sac but did require that the applicant provide appropriate entry bypass locks on any gates for fire/police entry, post a "No Outlet' sign on the abandoned alley and indemnify the city against any action related to the abandonment of the alley. Planning Commission Resolution No. 12596 Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 2 of 2 2. Condition No. 54: The records indicate that there is no valley gutter across Amador Avenue and H Street to convey runoff to the existing inlet located at the northwest corner of San Joaquin Avenue and H Street. The subdivider shall be required to provide documentation and/or improvement satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. Staff clarified for the record that there is no valley gutter across Amador Avenue, but the existing drainage inlet at Amador Avenue adjacent to the parcel to the south of the project site, has been serving the existing Vagabond residential and commercial complex and the surrounding uses, thus, the above condition has been satisfied by the previous action of the city which allowed this project to be built and occupied. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, Cherry, DiBuduo, Holt, Vasquez (Chair) Noes - None Not Voting - None Absent - Torossian DATED: November 15, 2006 NIC YOVINO, Secretary Fresno City Planning Commission Resolution No. 12596 Vesting Tentative Tract Map No. 5798 Filed by Quad Knopf Action: Approved KAMaster Files-Tract Maps\Tract 5798 Meenakshi Singh(condo)\PMResolution.doc Ciiy or r�C'3a'�'�► REPOR, O THE CITY COUNCIL AGENC 'TEM NO. / 0:0 darn 1 COUNCIL MEETING 9 l!R/©6 APPROVED BY September 19, 2006 DEPARTMENT DIRECTOR CITY MANAGE FROM: MICHAEL T. KIRN, PE, Assistant Director �� Public Works Department BY: GARY WITZEL, Assistant Engineering Services Manager Public Works Department, Engineering Services Division SUBJECT: �.� 0����T^� �c. �. 1�,1.d{:wk: O1.l��i.'`r��..� �` tf �::.�s��l•SV KEY RESULT AREA Customer Satisfaction RECOMMENDATION Recommend the Council conduct the required public hearing and, at the close of the hearing, adopt the attached Resolution ordering the vacation of a portion of the Broadway-"H" Alley from 100 feet to 200 feet northwest of Amador Street. EXECUTIVE SUMMARY Granville Homes, Inc., is requesting the vacation of the Broadway-"H" Alley from 100 feet to 200 feet northwest of Amador Street, as shown on Exhibit "A" of the attached Resolution. Granville Homes, Inc., is proposing a second phase of the Vagabond Lofts development consisting of artist loft type residential units. The proposed development lies on the southwest side of the Broadway-"H" Alley between Amador and Sacramento Streets. The purpose of the proposed vacation is to unify the development area and to provide the ability to install gates to secure the parking and courtyard areas. KEY OBJECTIVE BALANCE The proposed vacation balances the three key objectives of Customer and Employee Satisfaction, and Financial Management. The proposed vacation provides for Customer Satisfaction by incorporating the vacated rights-of-way into the planned residential development to provide for secure parking for the residents. Financial Management is achieved when the Customer who requested the vacation pays the City to process it, which relieves the City from incurring any future costs by initiating the vacation itself. Report to the City Council Adopt a Resolution to Vacate a Portion of the Broadway-"H" Alley From 100 Feet to 200 Feet Northwest of Amador Avenue in Council District 3 September 19, 2006 Page 2 BACKGROUND Granville Homes, Inc., is requesting the vacation of the Broadway-"H" Alley from 100 feet to 200 feet northwest of Amador Street, as shown on Exhibit "A" of the attached Resolution. Granville Homes, Inc., is proposing a second phase of the Vagabond Lofts development consisting of artist loft type residential units. The proposed development lies on the southwest side of the Broadway-"H" Alley between Amador and Sacramento Streets. The purpose of the proposed vacation is to unify the development area and to provide the ability to install gates to secure the parking and courtyard areas. Resolution No. 2004-130 ordering the vacation of the southwest 100 feet of the Broadway-"H" Alley was adopted April 14, 2004. That Resolution has not yet been recorded pending the satisfaction of the conditions in the Resolution. The Traffic Division, other City Departments and utility agencies have reviewed this proposal and determined that the right-of-way proposed for vacation is unnecessary for present or prospective public alley purposes, subject to certain conditions as specified in Exhibit "B" of the attached Resolution. Environmental Assessment No. S-03-396/V-03-29 shows with certainty that the project is categorically exempt and there is no possibility that the proposed vacation may have a significant adverse effect on the environment, and the proposed vacation is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Subsection 15332/Class 32 of the CEQA guidelines. On August 22, 2006, the Council adopted Resolution of Intention No. 1052-D, setting the time and place for the public hearing at 10:00 a.m. on September 19, 2006, in the Council Chambers at Fresno City Hall. The public hearing.has been duly noticed in accordance with the Public Streets, Highways, and .Service Easements Vacation Law. The City Attorney's Office has approved the attached Resolution as to form. The vacation, if approved by the Council at the public hearing, will become effective when the vacating Resolution is recorded in the office of the Fresno County Recorder. The applicant's proposed plans for development would require modification if the vacation is denied. FISCAL IMPACT There will be no impact to the City's General Fund. JJ R/MTK/0HC/AJ/eam Adopt Reso Vac Por Broadway-H Alley 091906 Attachment: Resolution EXHIBIT "B" CONDITIONS FOR APPROVAL 1. The existing drainage patterns must be maintained to provide drainage services for areas currently draining into and through the alley proposed to be vacated. A public surface drainage easement shall be reserved over the entire area to be vacated. 2. Any gates that will be placed across the alley proposed to be vacated shall be equipped with Police/Fire padlocks to allow access for emergency vehicles. 3. The City shall reserve cross-access and cross-drainage easements on the property subject to the vacation and Applicant shall sign and cooperate with the City in developing and recording any documents necessary to reserve said easements. The documents will be prepared by Public Works, which will require that the Applicant provide current preliminary title reports on the property subject to the easement and shall provide any and all subrogation agreements to any current interest on the property that could arise to a fee interest. 4. Applicant shall continue with arrangements that were made with the City's Solid Waste Division to access the proposed site to avoid turning around in the street. 5. The City of Fresno, SBC and Pacific Gas and Electric have facilities within the areas to be vacated and require that a public utility easement be retained over the entire area proposed to be vacated. Any relocation of existing public utilities shall be at the Applicant's expense. 6. Applicant shall remove any street lights from within the area proposed to be vacated and return them to the City's Corporation Yard. 7. The Applicant agrees to indemnify, hold harmless, release and defend the City of Fresno, its employees and the Fresno City Council from any action against the City of Fresno, its employees and the Fresno City Council that may arise through the adoption of the resolution or findings associated with the alley vacation. Applicant shall enter into an indemnification agreement prior to the recordation of the subject vacation resolution. The City of Fresno shall promptly notify Applicant of any such action against the City of Fresno and shall cooperate fully in the defense. 8. The Applicant shall install one "NO OUTLET" sign (Standard Highway Sign No. W 14-2) at the northwest end of the Broadway-"H" Alley at Sacramento Street. PW FILE 10799 City of Planning & Development Department 2600 Fresno Street, Third Floor Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1012 NOTE TO FILE DATE: September 18, 2006 FROM: Meenakshi Singh, Planner-III SUBJECT: Acoustical Review The Planning and Development Director, Nick Yovino, on September 18, 2006, indicated that the attached Acoustical Review dated September 6, 2006 submitted by Brown Buntin Associates on behalf of the applicant, Granville homes is acceptable to evaluate the Noise Impacts (as required by the policies of the 2025 Fresno General Plan) to the Artist Loft Apartments, located at, 1836 H Street (S-06-81N-06-08 and Vesting Tentative Tract Map No. 5798) and the Vagabond Project located at 1807 Broadway ( S-03-396N-03-29 and Vesting Tentative Tract Map No. 5783) BBA IRRC(2_3[cl�__HRIJH Du September 6,2006 BROWN • SUNTIN ASSOCIATES, INC. �`F� Llif}� Mr. Jeff Roberts : ,;, GRANVI'LLE HOMES ���r.ning ��;tiJ1a.� :.1(• �1I�1��a1L LJ rJ�M?ai.l1'.f:J�i 1396 West Herndon Avenue, Suite 101 t` Fresno, California 93711 RE: VAGABOND AND "H"STREET ARTIST LOFTS, FRESNO Dear Jeff: As requested, Brown-Buntin Associates, Inc. (BBA) has made a site visit of the above- referenced project location, and has reviewed plans and drawings for the proposed"H" Street Artist Lofts in Fresno. The purpose of our site visit and plan review was to provide Granville Homes with a general assessment of the effectiveness of the building designs to shield central courtyard common outdoor activity spaces from rail noise on the nearby UPRR. Our assessment did not include any type of quantitative evaluation of railroad noise exposure or compliance with City of Fresno noise standards. The mainline of the UPRR is located approximately 380 feet west of the project site. Both the existing Vagabond and proposed"H" Street Artist Loft buildings have been designed so that the central courtyard common outdoor activity areas are located on the east side of the buildings, allowing the buildings to serve as a noise barrier between the railroad and courtyard areas. There is one small access opening from "H"Street to the central courtyard of the proposed"H"Street building,but this opening is offset from the central courtyard area. There were no such openings observed.,in the.existing Vagabond building. It is BBA's opinion that the design of the existing Vagabond and proposed"H"Street ArtistLoft buildings provides significant acoustic shielding of the Fentral courtyard common outdoor activity areas of both buildings from railroad noise exposure. Please do not hesitate to contact nee in Visalia at 559-627-4923, or by email at Ibrowma,brown-buntin.com, if there are questions or a more formal analysis is required.. Sincerely, Robert E.Brown President i, AVialian Nuiid Srudie: Communi)y NuIae A,ch;IvOuraf AC046rics En vironmvnlal Nnise A;sassmt0s 319W.SchoolAve,- Y5alio.CA93291 . (559)627.4923 . 15591627.6284Fox 7996 Calhmia Ave.,Suite A • fair Oakt,CA 95628 • (416)961.5822 - (9161961-64 18 Fax Zo/Zo 39Cd S3WOH 37IIANV69 6S919Eb6SS 8Z:S1 92oZ/Lo/60 "Y°' iii, REPORT TO THE PLANNING COMMISSION rn� AGENDA ITEM NO. �f I I 1 - j COMMISSION MEETING 11/15/06 November 15, 2006 APPROVED BY FROM: STAFF, Planning DivisionDEPARTMEDIRECTOR Planningand Develo mend De artmen P P e SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5798 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5798 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5798 is a request to subdivide 0.69 acre of property into a one common lot condominium subdivision located on the east side of H Street between Sacramento and Amador Streets. The project consists of a 26 unit two-story multiple dwelling apartment complex. A one common lot condominium map process is allowed by the provision in the State Subdivision Map Act (Government Code §§66410-66499.58) permitting the sale of individual airspace to individual buyers and requiring that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. The property is zoned C-4 (Centra/ Trading) District which is consistent with the commercial/ mixed use level 2(central area) planned land use as shown for the subject property on the adopted 2025 Fresno General Plan, the Central Area Community Plan and the Fulton-Lowell Specific Plan Area. It is noted that Site Plan Review Application No. S-06-81, Variance Application No. V-06-08 and Environmental Assessment No. S-06-81N-06-08 were previously filed for the subject property. These applications were approved on July 14, 2006 by the Planning and Development Department Director. The variance application was subsequently appealed by neighboring property owners and was scheduled for hearing at the Planning Commission on September 20, 2006. At the public hearing the Planning Commission denied the appeal and upheld the Director's Action. PROJECT INFORMATION PROJECT A one common lot condominium subdivision on 0.69 acre of property consisting of a 26 unit two-story multiple dwelling apartment complex. The condominium process allows for the sale of individual airspace to individual buyers and requires that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site APPLICANT Quad Knopf Inc., applicant, on behalf of Granville Homes Inc. LOCATION 1836 H Street: Located on the east side of H Street between Sacramento and Amador Streets (Council District 3, Counciimember Sterling) SITE SIZE 0.69 acre LAND USE Existing - Vacant, however Site Plan Review Application No. S-06-81 approved the construction of a 26-unit two- story multiple dwelling apartment complex on July 14, 2006 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 2 Proposed - A one common lot condominium subdivision consisting of a 26-unit two-story multiple dwelling apartment complex ZONING Existing - C-4 (Central Trading) zone district PLAN DESIGNATION The proposed project is consistent with the 2025 Fresno General AND CONSISTENCY Plan, Central Area Community Plan and the Fulton-Lowell Specific Plan designation of commercial/ mixed use level 2 (Central Area Plan) planned land uses ENVIRONMENTAL FINDING A Class 15 categorical exemption was filed with the City Clerk's office on November 10, 2006 PLAN COMMITTEE The Fulton-Lowell Specific Plan Advisory Committee RECOMMENDATION recommended approval of the variance and the site plan review applications at their April 24, 2006 meeting STAFF RECOMMENDATION Approve Vesting Tentative Tract Map No. 5798 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Commercial Mixed Use Level 2 Light Manufacturing District Vacant South Commercial Mixed Use Level 2 C-4 Mixed Use (Vagabond Central Trading District project under construction) Commercial Building East Commercial Mixed Use Level 2 C-4 Central Trading District (Auto body and Fender Shop) WestM-1 Railroad Commercial Mixed Use Level 2 Light Manufacturing District 9 9 Southern Pacific ENVIRONMENTAL FINDING This project is exempt under Class 15 of the California Environmental Quality Act (CEQA) Guidelines. A Class 15 Categorical Exemption (Section 15315. Minor Land Divisions) was filed on November 10, 2006 with the City Clerk's Office. Staff determined that a Class 15 Categorical Exemption was appropriate given that the subject site is located in an urbanized area and is zoned for residential use. The tentative tract map creates a one common lot condominium subdivision in conformance with the General Plan. The proposed project is consistent with the 2025 Fresno General Plan policies, the Central Area Community Plan and the Fulton-Lowell Specific Plan designation of commercial/ mixed use level 2 (Central Area Plan) planned land uses. The site has no value as habitat for endangered, rare or threatened species and complies with all conditions of the Class 15 Categorical Exemption. No adverse REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 3 environmental impacts would occur as a result of the proposed condominium project. No further environmental assessment will be needed at this time. Furthermore, Environmental Assessment No. S-06-81N-06-08 was previously completed for the subject site and a Categorical Exemption was issued on July 14, 2006. BACKGROUND/ANALYSIS The applicant, Quad Knopf, on behalf of Granville Homes Inc., has filed Vesting Tentative Tract Map No. 5798 for 0.69 acre of property located on the east side of H Street between Sacramento and Amador Streets. The subject site is within the jurisdiction of the 2025 Fresno General Plan, the Central Area Community Plan and the Fulton-Lowell Specific Plan Area and is zoned C-4 (Central Trading) District. The plans designate the site for commercial/ mixed use level 2 (Central Area Plan) planned land uses which is consistent with the existing C-4 zone district as identified in Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. As noted above, the property owner had previously filed Site Plan Review Application No. S-06-81 and Variance Application No. V-06-08. The site plan review application was a request to develop the site with a 26-unit two-story multiple dwelling apartment complex. The variance application requested a reduction in the amount of required off-street parking from one and one-half parking spaces to one parking space for each dwelling unit, waiving the carport or garage requirement of the C-4 zone district, and also reducing the ten foot landscape requirements along H Street which is a major street. The site plan review and the variance applications were approved by the Planning and Development Department Director on July 14, 2006. The variance application was appealed by neighboring property owners and was scheduled to be heard by the Planning Commission on September 20, 2006. At the public hearing the Planning Commission denied the appeal and upheld the Director's Action. The applicant has since filed Vesting Tentative Tract Map No. 5798 which is proposing to subdivide the subject site into a one common lot condominium subdivision. The one common lot condominium subdivision will allow for the individual sale of the residential units as condominium airspace. A one common lot condominium map process is allowed by a provision of the California State Subdivision Map Act (Government Code §§66410-66499.58) permitting the sale of individual airspace to buyers and requiring that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. Surrounding land uses are characterized by a vacant parcel to the north, to the south is the Vagabond apartments which is a mixed use project developed by the same applicant, northeast of the subject site is an auto body and fender shop and to the west are the Southern Pacific Railroad tracks. The Fulton Lowell Design Review Committee The Fulton Lowell Design Review Committee unanimously approved the project on April 24, 2006. The committee approved the site plan review and the variance applications to allow for the development of the complex and a reduction in the amount of required off-street parking, the carport or garage requirement of the C-4 zone district, and also reduced the ten foot landscape requirements along H Street which is a major street. No design changes are requested as part of this application. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 4 Public Services Water Resources and Public Water Supply The Water Division of the Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of the environmental impact mitigation measures. It should also be noted that adverse groundwater conditions of limited supply and compromised quality have been well-documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No. 10100, Final EIR No. 10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. As a result, if approved, the proposed project would be required to contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. Sewage Collection System Capacity The Planning and Engineering Division of the Public Utilities Department has indicated that sanitary sewer facilities will be available to serve the site. Fire Protection Services Fire service will be provided by City of Fresno Fire Station No. 3 which is located within three miles of the site will provide service to the subject property, if necessary. Fresno Unified School District The project site is served by the Fresno Unified School District and is within the attendance boundaries of Lowell Elementary School, Tehipite Intermediate School and Edison High School. The applicant will be required to pay school fees prior to the issuance of building permits. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the 26-unit two-story multiple dwelling apartment complex and the surrounding planned land uses as designated by the 2025 Fresno General Plan, the Central Area Community Plan as well as the Fulton Lowell Community Plan is consistent with the Circulation Element Policies. All of these plans designate H Street as a collector street. Collector streets are typically developed with two to four-lane undivided roadways with somewhat limited access to abutting properties. The applicant will be required to construct concrete curb and sidewalks to Public Works Standard P-5 or repair or replace all damaged and/or off grade concrete improvements as determined by the City of Fresno Public Works Department, Construction Management Division. Subdivision Design/Streets and Access Points The Public Works Department, Transportation Planning Section has reviewed the vesting tentative tract map and has determined that the proposed tract will generate 14 a.m. /16 p.m. peak hour trips; therefore, a Traffic Impact Study is not required. The Transportation Planning Section has also determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated by the proposal, subject to the dedication and improvements of H REPORT TO THE PLANNING COmMISSION Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 5 Street. Furthermore, the project will be required to pay its Traffic Signal Mitigation Impact Fee (TSMI) at the time of building permits based on the trip generation rate as setforth in the latest edition of the ITE Generation Manual. Landscaping The subdivider is required to provide street trees on all public street frontages and is also required to provide for the long term maintenance of the landscape easements and right-of-way. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Central Area Community Plan and the Fulton-Lowell Specific Plan designate the subject site for commercial/ mixed use level 2 (Central Area Plan) planned land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials The subdivision map, subject to the recommended conditions of approval, 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 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 6 approval, staff has determined that these findings can be made. Planning Commission action on the proposed vesting tentative tract map is final, unless appealed to the City Council. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the proposed vesting tentative tract map and has indicated that the 26 unit condominium complex by itself will not create significant traffic impacts and that it supports the concept of mixed-use. However, Caltrans is concerned that the traffic impacts from the total development will not be adequately evaluated if the mixed-use project is approved piece-meal. Caltrans requests that this project be conditioned to include a traffic impact study. Caltrans contends that VTTM No. 5783, adjacent to this development and proposed by the same developer, should also be included in the analysis and in any identified mitigation to the State Highway System. Attached is their memorandum dated September 6, 2006. Conditions of Approval 1. Development shall take place in accordance with Exhibit A for Vesting Tentative Tract Map No. 5798, dated September 5, 2006. 2. Development shall take place in accordance with Exhibit B for Site Plan Review Application No. S-06-81 and Variance Application No. V-06-08 dated March 14, 2006. 3. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. T-5798 dated November 15, 2006. CONCLUSION / RECOMMENDATION Staff recommends the Planning Commission take the following action: 1. APPROVE the environmental finding of Environmental Assessment No. T-5798 dated November 10, 2006 that the project proposal is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315/Class 15 of the CEQA Guidelines. 2. APPROVE Vesting Tentative Tract Map No. T-5798 subject to compliance with the Conditions of Approval dated November 15, 2006. KAMaster Files-Tract Maps\Tract 5798 Meenakshi Singh(condo)\PC\PC.doc Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Vesting Tentative Tract Map No. 5798, dated September 5, 2006 Exhibit B, Site Plan and Elevations for Site Plan Review Application No. S-06-81 and Variance Application No. V-06-08, dated March 14, 2006 Exhibit C, Letter from Caltrans dated September 7, 2006 Conditions of approval for Vesting Tentative Tract Map No. 5798, dated November 15, 2006 Environmental Assessment No. T- 5798, Class 15 Categorical Exemption, dated November 10, 2006 G"-4 L C- C-4 92 C. M-1 0o C-4 C-4 ooh C-4 01 C-4 C-4 SPG O C- + M-1 4 -4 O,A C-4 C-4 0 O OOR- P / C-4 C-4 C- M-1 6'i4 M-1PaJ�� C-4 �o P� M- � C c M-1 M-1 LEGEND Subject Property VICINITY 31AP PLANNING & DEVELOPMENT 114 DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5798 W , E A.P.N.: 466-194-12 ZONE MAP: 2449 North of"H" St. between Amador and Sacramento Sts. NOT TO SCALE BY/DATE: D.N, / 11-03-06 •w-�y � , _.lt'�y ria. ;.�/•.�a� L PP t'7 co t ; �` y re .+ •r!- Yr Yl•�fill +��.�� ��. �.I Exhibit A Vesting Tentative Tract Map No. T-5798 dated September 5, 2006 - EXHIBIT A F � r I n ............ $. !............................................................................. I .............................................. 5 11 ; II : . II ............._.........................................................: .. �� ........................ 11 ' L $!i Ilk 1lg r.� 51 IfS f P, �fi13 111 All '� � : �� I � '-•�..., , .- � l:T� ►ala ��� $;g-�l � ........................ ......... a,al; �1 *. t F rn G fill -10 I ' o ! I ; l ` m Il l ...................................................................................................... I ......................... ......... ...... , .1y -------- .. ... _ I ........................ .................................................._................—......, ..............................`.......-........ d 1�� Exhibit B Site Plan and Elevations for Site Plan Review Application No. S-06-81 and Variance Application No. V-06-08 dated March 14, 2006 s dINaOAIIVO 'ONS3a_ `I � � a SIAO0 1Sll�ld 1l]�J1S H N :804 MrOHd 03SOdo8d 11It d l £,-- 9 s " 9 1 1 � X111; 141iflII ` till �11 if j z YJ J Q .7-- 7 o z � c J � , iff j CR I � n ❑ I J IIYM NNN NN�I�N II �\ 11N NN co Zj if � •Y. a`` 1 3 .a h7 � E e �• � E o Ra "s 1d301N3WdOl3A30 Q DNINNYId ONS3tld i0 A117 arra {803AOtlddY'ON00 71Y4 'tN13 01ldr4LL 31Y0 'DN3fOtld �n— �31Y0']11HINll3ON"Iddtl A IQI ' s , 9!S!I II Z•: 04 VINHOAIlVO ONS3b� a A S130l 1SULIV 133HIS H F a5 Fey N ;'- g 'HOd 3P 1OOdd 43SOdOdd j tilt s \` O — ♦ LL * 4 11 a LU ♦ h r' e _♦ 3 a 11 $ 111011 co h "' ^ r —� R ♦ T T ^ ♦ _ _ ♦ _ ♦ C } ` } il i] 1 9yE Wul ' ♦ J O W — J W W 7 • ♦ W H F a LU ` ft H p - W � II 1d3O 1NMU013AN 4 ONINNV14 ONSMU d0 ALIJ ' arra ' AB03AOHddY•UNOO ,.,... •nea:nddrul Exhibit C Caltrans Memorandum dated September 6, 2006 STATE.OFCALIFORYIA—AUSI ESS.TRANSPORTATI(" SND I{OVSM,AGENCY _ ARNOLD SCHWARZEN C ER Governer DEPARTMENT OF TRANSPORTATION EXHIBIT C 1352 WEST OLIVE AVENUE a P.O.BOX 12616 _ FRESNO,CA 93778-2616 PHONE 559 445-6666 \`I FAX 559 488-4088 ��� Flex your power! TTY (559)488-4066 " Be energy efficient! September 6, 2006 �I.4nni��r-� 2131-IGR/CEQA 6-FRE-180-57.2+/- VTTM NO. 5798 GRANVILLE Ms. Meenakshi Singh City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Singh: We have reviewed the map proposing a 26-unit residential condominium subdivision on the north side of"H" Street between Sacramento and Amador Streets. Caltrans has the following comments: On May 25, 2005 we commented on a rezone (R-05-014) for this site, proposed by the same developer, and necessitated by the desire to develop the area with mixed-uses. While 26 condominiums by themselves will not create significant traffic impacts, and Caltrans supports the idea of mixed-use, we are concerned that the traffic impacts from the total development will not be adequately evaluated if the mixed-use project is approved piece-meal. We commented on the rezone that we did not have sufficient information to evaluate the project's impacts to the State Highway System. The rezone was subsequently conditioned by the City to prepare a traffic impact study at the time specific entitlements were proposed. Caltrans requests that this project be conditioned to be included in that traffic study. VTTM No. 5783, adjacent to this development and proposed by the same developer, should also be included in the analysis and in any identified mitigation to the State Highway System (copy of comment letter enclosed). If you have any questions, please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C:' Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 15,2006 VESTING TENTATIVE TRACT MAP NO. 5798 EAST SIDE OF H STREET BETWEEN SACRAMENTO AND AMADOR STREETS All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5798 a one lot condominium map entitled "Exhibit A," dated September 5, 2006. The subdivider may prepare a Final Map in accordance with the approved vesting tentative tract map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments 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. 4. 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. 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 2 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. 6. 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. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. 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 and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 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 tentative tract maps. B. 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 FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. The subdivider shall create a homeowners' association for the maintenance of all landscaped areas, private street and access areas within the subdivision. A proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be prepared and the proposed instruments for the homeowners' association shall be submitted to the Planning and Development Department for review two (2) weeks prior to Final Map approval. Said document shall be recorded with the Final Map(s) or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners' association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs, dated January 11, 1985. Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 3 Landscaping 11. The subdivider is required to provide street trees on all public street frontage and for dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 24 feet of street frontage by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, water efficient landscape standards. 12. Landscape plans for all public use areas, such as parkways, buffers, medians and trails shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street trees planting. 13. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and or city controlled property is in conformance with the Specifications of the City of Fresno. 14. The subdivider is required to provide maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture. 15. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Building Setbacks 16. Building setbacks shall be in accordance with the Exhibit B, Site Plan Review Application No. S-06-81 and Variance Application No. V-06-08 as originally approved by the Planning and Development Department Director on July 14, 2006. Information 17. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school districts adopted schedule of fees. 18. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 19. Pursuant to Section 66456.1 of the Subdivision Map Act, which states `The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 4 20. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 21. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 22. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If 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 archaeologists. 23. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 24. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 5 d. 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. 25. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 26. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). SOLID WASTE SERVICE 27. Comply with the memorandum from the Public Utilities Department, Solid Waste Division dated September 21, 2006. FIRE SERVICE 28. This project is within three miles from Fire Station No. 3. 29. Provide commercial hydrants and fire flows per Public Works Standards as required on Site Plan Review Application No. S-06-81. 30. Access is acceptable as shown on Vesting Tentative Tract Map No. 5798 dated September 5, 2006. STREETS AND RIGHTS-OF-WAY 31. 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 FMC and the State Subdivision Map Act. 32. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 6 c. Landscape and irrigation plans (median island and street trees within all parkways). 33. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-522, 88-229. 34. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract unless otherwise determined by the City Traffic Engineer. Spacing and design shall conform to Public Works Standards for arterial (H Street). Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 35. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 36. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 37. Comply with the memorandum from the Public Works Department, Traffic Engineering Division dated October 5, 2006. MAJOR STREETS H Street (Collector): 38. Construct concrete curb and sidewalk to Public Works Standard P-5 OR repair or replace all damaged and/or off grade concrete improvements as determined by the City of Fresno Public Works Department, Construction Management Division. The curb shall be constructed to a 14 foot residential pattern. SPECIFIC REQUIREMENTS 39. The tract will generate 14 a.m./16 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 40. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 7 41. Provide cul-de-sac in public alley northwest of emergency gate for vehicle turn around or re-route alley traffic to connect with H Street. 42. Provide a written operational statement for the gate. 43. Remove abandoned (existing) driveway approaches on H Street not identified for utilization and install sidewalk, curb and gutter per City of Fresno Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade. 44. Comply with all conditions of Resolution of Intention No. 1052-D, dated September 19, 2006. 45. The existing alley, as shown, is now part of parking lot and aisle widths are too narrow and do not comply with current City Public Works Standards. The applicant shall enter into an indemnification agreement with the City of Fresno prior to the finalization of Vesting Tentative Tract Map No. T-5798. 46. The gate does not comply with current City of Fresno Public Works Standard. The applicant shall enter into an indemnification agreement with the City of Fresno prior to the finalization of Vesting Tentative Tract Map No. T-5798. TRAFFIC SIGNAL MITIGATION IMPACT FEE 47. The project shall pay its TSMI fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount for Vesting Tentative Tract Map No. 5798 is $248.82 per condominium unit (fee rate as shown in the Master Fee Schedule). SANITARY SEWER SERVICE 48. The following conditions are required to provide sewer service to the tract: 49. Dedicate H Street-Broadway Street Alley as a Public Utility Easement. 50. The project developer shall contact Wastewater Management Division/Environmental Services at (559) 621-5100 regarding conditions of service for special users. 51. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 52. The following Sewer Connection Charges are due and shall be paid for the project. a) Sewer Lateral Charge b) Oversize Sewer Charge c) Wastewater Facilities Charge (Residential Only) Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 8 WATER SERVICE 53. No water requirement is requested for the project. FLOOD CONTROL AND DRAINAGE 54. The records indicate that there is no valley gutter across Amador Avenue and H Street to convey runoff to the existing inlet located at the northwest corner of San Joaquin Avenue and H Street. The subdivider shall be required to provide documentation and/or improvement satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. No surface run-off shall be directed towards the alley. FRESNO IRRIGATION DISTRICT 55. The Fresno Irrigation District has indicated in their memorandum dated September 7, 2006 that they have no requirements for Vesting Tentative Tract Map No. 5798. SCHOOL DISTRICT 56. The project site is served by the Fresno Unified School District and is within the attendance boundaries of Lowell Elementary School, Tehipite Intermediate School and Edison High School. The applicant will be required to pay school fees prior to the issuance of building permits. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 57. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated September 7, 2006. CALTRANS 58. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations, in their memorandum dated September 6, 2006, has indicated that the 26 unit condominium by itself will not create significant traffic impacts, and that it supports the idea of mixed-use. However, Caltrans is concerned that the traffic impacts from the total development will not be adequately evaluated if the mixed-use project is approved piece-meal. Caltrans requests that that this project be conditioned to include a traffic study. VTTM No. 5783, adjacent to this development and proposed by the same developer, should also be included in the analysis and in any identified mitigation to the State Highway System. Attached is their memorandum dated September 6, 2006. Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 9 DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge► $0.10/sq. ft. (to 100' depth) c. Oversize Charge► $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge• S.T.E.P. Service Area: Herndon e. Wastewater Facilities Charge+ S.T.E.P. f. Fowler Trunk Sewer Interim Fee Surety► N/A g. House Branch Sewer Chargee N/A WATER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge► $0.10/sq. ft. (to 100' depth) b. Oversize Charge► $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge N/A Service Area: d. Wastewater Facilities Charge S.T.E.P. e. House Branch Sewer Charge• N/A WATER CONNECTION CHARGES FEE RATE f. 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. g. Frontage Charge* $6.50/lineal foot h. Transmission Grid Main Bond Debt Service Charge► $304/net acre (parcels under 5 gross acres) Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 10 i. Transmission Grid Main Bond Debt Service Charge w► $304/net acre (parcels under 5 gross acres) j. UGM Water Supply Fee• N/A Service Area: k. Well Head Treatment Feev N/A Service Area: I. Recharge Fee• N/A Service Area: m. 1994 Bond Debt Service* N/A Service Area: DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide$` $439/living unit p. Park Facility Impact Fee - Citywide$` $1852/living unit" q. "Quimby Parkland Dedication Feev" $911/living unit r. Police Facilities Impact Fee - Citywide$" $508/living unit s. Traffic Signal Charge► $290.28/living unit URBAN GROWTH MANAGEMENT FEE RATE s. Major Street Charge► N/A Service Area: E-1 t. Major Street Bridge Charge► N/A Service Area: E-1 u. UGM Grade Separation Fees► N/A Service Area: v. UGM Trunk Sewer Charge► N/A Service Area: w. Street Acquisition/Construction Chargee N/A Notes: 'Fee applicable to all maps accepted for filing after August 30,2005 Conditions of Approval Vesting Tentative Tract Map No. 5798 November 15, 2006 Page 11 With payment of Quimby Parkland Dedication Fee ♦ Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities,Wastewater Division, Environmental Services Section (559-621-5153). •i• Due at time of development �► Deferrable through Fee Deferral Covenant. •Due at time of subdivision. Due at occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. City of WATER DIVISION Date: September 12, 2006 To: GREGORY CONTRERAS, Senior Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities, Water Division From: ANITA LUERA, Senior Engineering Technician Department of Public Utilities, Water Division �� Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5798/UGM No water requirements for tract 5798. TAPROMMEC\Conditions of Approvai15798 081206.doc City of DEPARTMENT OF PUBLIC UTILITIES i September 21, 2006 TO: Meenakshi Singh, Planner III , Development Department, Planning Division P P g THROUGH: Robert Weakley,Chief of Operations l�--A� Department of Public Utilities, Solid Waste Division FROM: Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5798, Solid Waste Conditions of Approval Location: North side of H Street between Amador and Sacramento Streets The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5798 that was submitted by Quad Knopf, on behalf of Granville Homes, Inc. 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: None—Requirements and comments will be made on the entitlement application(s)related to the project. I i Conditions of Approval TT5798.doc Page 1 of 1 City of rnC:ii Fire Department 450 M Street Randy R. Bruegman Fresno, California 93721-3083 Fire Chief 559-621-4000 FAX#559-498-4261 . www.fresno.gov Date September 14, 2006 TO Meenakshi Singh, Planner III Development Department, Planner FROM: Mike Schmidt, Supervising Fire Prevention Inspector - Fire Prevention Bureau SUBJECT: Tentative Tract No. 5798 The Fire Department has completed a review of the Vesting Tentative Tract Map 5798, which was submitted by Quad Knopf. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 3 miles of Fire Station No.3 This project is subject to city wide fire service fees. Provide commercial hydrant and fire flows per Public Works standards as required on site plan review S-06-81 on Amador at "H". Access is acceptable as shown. Note: Phasing of tract will require re-review for access requirements. City of 1e1ft1nn1k1—'\\I// DATE: October 5, 2006 TO: Meenakshi Singh, Planner III Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Sbe^�- Public Works Department, Engineering Division THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Justin Steffler, Engineering Technician I Public Works Department, Engineering Division SS SUBJECT: Public Works Conditions of Approval TT 5798, ("H" Street between Sacramento and Amador) Granville Homes, Inc. /Quad Knopf, Inc. The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative 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 a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, rior to final map. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: "H" Street: Collector 1. If not existing, construct concrete curb and sidewalk to Public Works Standard P-5 -OR- repair or replace all damaged and/or off grade concrete improvements as determined by the City of Fresno Page I of 3 L:\Traffic Planning Section\LG TRAFFIC PLANNING\Tract Maps\T-5798 H btwn Sacramento&Amador.doc Public Works Department, Construction Management Division, (559) 621-5500. The curb shall be constructed to a 14' residential pattern. Specific Mitigation Requirements: 1. This tract will generate 14 a.m. / 16 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3. Provide cul-de-sac in public alley northwest of emergency gate for vehicle turn around -OR- provide re-route of alley traffic to connect with "H" Street. 4. Provide written operational statement for gate. 5. Remove abandoned (existing) driveway approaches on "H" Street not identified for utilization and install sidewalk, curb and gutter per City of Fresno Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade. 6. Comply with all conditions of Resolution of Intention No. 1052-D, dated September 19, 2006. 7. Existing alley as shown is now part of parking lot and isle widths are too narrow and does not comply with current City of Fresno Public Works Standards. The Applicant shall enter into an indemnification agreement with the City of Fresno prior to the finalization of T-5798. 8. Thg-d'471does not comply with current City of Fresno Public Works Standards. The Applicant shall enter into an indemnification agreement with the City of Fresno to the satisfaction of the City Attorney prior to the finalization of T-5798. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $248.82 per condominium unit (fee rate as shown in the Master Fee Schedule). Page 2 of 3 UTraffrc Planning Section\LG TRAFFIC PLANNING\Tract Maps\T-5798 H btwn Sacramento&Amador.doc City of rRC-U m'd►,; DEPARTMENT OF PUBLIC UTILITIES Date: October 3, 2006 To: Meenakshi Singh Planning and Development Department From: DOUG HECKER, Supervising Engineering Technician Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR T-5798/UGM General T-5798, a 1-lot, 26-unit residential condominium subdivision on .69 acres of C-4 zoned property location on the north side of H Street between Amador and Sacramento Streets. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Dedicate H St—Broadway St Alley as a Public Utility Easement. 2. The project developer should contact Wastewater Management Division/Environmental Services (559) 621-5100 regarding conditions of service for special users. 3. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Wastewater Facilities Charge(Residential Only) San .Joaquin valley Air Pollution Control District September 7, 2006 Reference No. C200602026 City of Fresno Attn: Meenakshi Singh i 2600 Fresno Street, 3rd Floor Fresno, CA 93721-3604 Subject: T-5798; T-5783 Dear Meenakshi Singh: The San Joaquin Valley Unified Air Pollution Control District(District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter (PM10 and PM2.5). This project would contribute to the overall decline in air quality due to construction activities in preparation of the site, and ongoing traffic and other operational emissions. Preliminary analysis indicates that this project alone would not generate significant air emissions. However, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided by the applicant in project T-5798, Granville Homes, Inc., the development consists of 26 residential condominiums. This falls below Rule 9510 Indirect Source Review (ISR) applicability threshold of 50 dwelling units. However, Granville Homes, Inc. has requested the construction of 38 residential condominiums in project T-5783. It appears these projects will coincide with one another, making a total of 64 dwelling units. Individually these projects are not subject to Rule 9510, collectively, they are. Rule 9510 was adopted to reduce the impacts of growth in emissions from all new development in the San Joaquin Valley. This rule requires applicants subject to the rule to provide information that enables the District to quantify construction, area and operational PM10 and NOx emissions, and potentially mitigate a portion of those emissions. Preliminary analysis, based on the trip generation information included with the application and the size of the construction site, indicates that this project may generate emissions in excess of the Rule's 2.0 tons per year baseline for PM10 and NOx that would require emissions to be reduced. An application must be filed with the District no later than concurrent with application with a local agency for the final discretionary approval. For more information and instruction, please contact the District's ISR staff by phone at (559) 230-5800 or by email at ISRQ-valleyair.org. Based on the information provided, it appears that this project will have a less-than-significant impact on the ambient air quality. However, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules not enumerated below. To identify additional rules or regulations that apply to this project, or for further information, the Seyed Sadredin Executive Director/Air Pollution Control Officer Northern Region Office Central Region Office Southern Region Office 4800 Enterprise Way 1990 East Gettysburg Avenue 2700 M Street,Suite 275 Modesto,CA 95356-8718 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400 - FAX(209)557-6475 (559)230-6000 - FAX(559)230-6061 (661)326-6900 - FAX(661)326-6985 www.valleyainorq applicant is strongly encouraged to contact the District's Small Business Assistance Office at(559) 230- 5888. Current District rules can be found at http://www.valleyair.org/rules/1ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and track out, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at http://www.valleyair.org/busind/comply/PM10/Req VIII CAB.pdf. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities as specified in Section 6.4.1 of Rule 8021. A template of the District's Construction Notification Form is available at http://www.valleyair.org/busind/comply/PM10/forms/Notification Form Final 12.01.2005.doc. Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). In accordance with CAL-OSHA requirements, a certified asbestos contractor must remove any identified ACBM having the potential for disturbance. If you have any questions concerning asbestos related requirements, please contact Mr. Joe Avila of this office at (559) 230-5951 or contact CAL-OSHA at (559) 454-1295. The District's Asbestos Requirements Bulletin can be found online at http://valleyair.ora/busind/comply/asbestosbultn.htm. Rule 4102 (Nuisance)This rule applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4601 (Architectural Coatings)This rule limits volatile organic compounds from architectural coatings by specifying architectural coatings storage, clean up and labeling requirements and applies to any person who supplies, sells, offers for sale, applies, or solicits the application of any architectural coating. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations) If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641.This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: - 5.3.1 —No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre. - 5.3.2 — No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. - 5.3.3 — No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found on our website at www.valleyair.org. For compliance assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at(559) 230-5968. Rule 9510 (Indirect Source Review) This rule was adopted to reduce the impacts of growth in emissions from all new development in the San Joaquin Valley. Rule 9510 requires applicants subject to the rule to provide information that enables the District to quantify construction, area and operational PM10 and NOx emissions, and potentially mitigate a portion of those emissions. An application must be filed with the Meenakshi Singh September 7, 2006 T-5798;T-5783 Page 3 District no later than concurrent with application with a local agency for the final discretionary approval. For more information and instruction, please contact the District's ISR staff by phone at (559) 230-5800 or by email at ISRavalleyair.org. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as Fresno City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that the agency with the land-use authority should consider for incorporation into the project. • Large canopy trees should be carefully selected and located to protect the building(s)from energy consuming environmental conditions, and to shade 50% of paved areas within 15 years. Structural soil should be used under paved areas to improve tree growth. For information on Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/. For information on Tree Selection see http://www.ufei.org/. For Urban Forestry see http://www.coolcommunities.org/, http://wcufre.ucdavis.edu/and http://www.lgc.org/bookstore/energv/downloads/siv tree guidelines.Of. • As many energy conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E), lighting, appliances, and heating and cooling systems. See http://www.energystar.gov/ - Programmable thermostats for all heating and cooling systems - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.agmd.gov/prdas/brochures/paintguide.html - High-albedo (reflecting)roofing material. See http://eetd.lbl.gov/coolroof/ - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHouston/and http://eande.lbi.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Features to promote energy self-sufficiency (solar water-heating systems, photovoltaic cells, solar thermal electricity systems, small wind turbines, etc.) Rebate and incentive programs are offered for alternative energy equipment. See http://www.dsireusa.org , http://rredc.nrel.gov/ and http://www.energy.ca.gov/renewables/ - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels). See httD://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) in backyard or patio areas to encourage the use of gas barbecues - Construct paths to connect the development to nearby bikeways or sidewalks. See http://www.vtpi.orq/tdm/tdm85.htm and http://www.bicyclinginfo.org/ - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site - More information can be found at http://www.ciwmb.ca.nov/GreenBuildinq/, http://www.lgc.orq/, http://www.sustainable.doe.gov/, and http://www.consumerenergvicenter.org/index.htmi Meenakshi Singh September 7, 2006 T-5798;T-5783 Page 4 The applicant should implement measures to reduce the amount of vehicle traffic to and from the residential area(s) that further reduce air pollution in the valley. This could include providing an information center for residents to coordinate carpooling. Check out the "Spare the Air" section of our website www.valleyair.org Construction activity mitigation measures include: - Limit area subject to excavation, grading, and other construction activity at any one time - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Require that all diesel engines be shut off when not in use to reduce emissions from idling. - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days" declared by the District. - Implement activity management(e.g. rescheduling activities to reduce short-term impacts) - During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Off road trucks should be equipped with on-road engines when possible. - Minimize obstruction of traffic on adjacent roadways. • Construction equipment may be powered by diesel engines fueled by alternative diesel fuel blends or Ultra Low Sulfur Diesel (ULSD). The California Air Resources Board (CARB) has verified specific alternative diesel fuel blends for NOx and PM emission reduction. Only fuels that have been certified by CARB should be used. Information on biodiesel can be found on CARB's website at http://www.arb.ca.gov/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website at http://www.epa..qov/oms/models/biodsi.htm. The applicant should also use CARB certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Liquid Propane Gas (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the CARB, see their certification website http://www.arb.ca.gov/msprog/offroad/cert/cert.phi). For more information on any of the technologies listed above, please contact Mr. Chris Acree, Senior Air Quality Specialist, at(559) 230-5829. • Construction equipment may be used that meets the current off-road engine emission standard (as certified by the California Air Resources Board (CARB), or be re-powered with an engine that meets this standard. Tier I, Tier II and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca.qov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The"Executive Order" shows what Tier the engine is certified as. Rule 9510 requires construction exhaust emissions to be reduced by 20 percent for NOx and 45 percent for PM 10 when compared to the statewide fleet average or to pay an in lieu mitigation fee. For more information on heavy-duty engines, please contact Mr. Thomas Astone, Air Quality Specialist, at(559) 230-5800. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call either myself, or Mr. Dave Mitchell, Planning Manager, at(559) 230-5800 and provide the reference number at the top of this letter. ly 'ChrisJ.Air Qual Central Region c: file OFFICES OF PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE Eh.. � -• ,r, + — FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water September 7, 2006 Ms. Meenakshi Singh City of Fresno Planning and Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: VTTM No. 5798, APN: 466-194-12, 1836 "H" Street Dear Ms. Singh: 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 bjohnson@fresnoirrigation.com. Since rely,, Bret Johnson Engineering Technician I Agencies\City\TM5798 BOARD OF President JACOB ANDRESEN. Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY.EDDIE NIEDERFRANK.STEVEN G BALLS, General Manager GARY SERRATO BOARD OF EDUCATION Luisa Medina,President Janet Ryan,Clerk Fresno Unified Patricia R.Barr Valerie F.Davis School District Carol G.N J.D. Manuel G.Nunez An Equal Opportunity Employer Tony Vang,Ed.D, SUPERINTENDENT September 18 2006 Michael E.Hanson 1> > 559/457-3882 • FAX 559/457-3786 Meenakshi Singh, Planner III L=s!� e .us CITY OF FRESNO PLANNING DIVISION SEP 2 n 2066 Development Department 2600 Fresno Street Planning Disparilm��r� Development C:.part � Fresno, CA 93721-3604 CITY OF SUBJECT: VESTING TENTATIVE MAP OF TRACT NO. 5798 Dear Meenakshi Singh, In response to your request for review and comment on the above-referenced Environmental Assessment Request for Comment/Information, Fresno Unified submits the following; Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity. The District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50's Level 1, 2 and 3 developer fee legislative scheme. Any new development on the subject property or conversion of non-habitable to habitable space, is subject to development fees of $2.24 per square foot for residential and $0.36 per square foot for commercial development. Effective October 15, 2006 developer fees for residential construction will increase to $2.63 per square foot and commercial/industrial construction will increase to $.42 per square foot. 1. Attendance area information: The project is presently within the attendance areas of the schools identified below. Elementary School: Lowell Intermediate School: Tehipite High School: Edison 2. Transportation will be available for students attending the above identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. The cost of transportation is currently$41.50 per hour. The cost of providing transportation services to students from the project will add to District transportation expenses. 2309 Tulare Street + Fresno,CA 93721-2287 • 559/457-3000 • www.fresno.k12.ca.us flillae Meenakshi Singh, Planner III VESTING TENTATIVE MAP OF TRACT NO. 5798 Page 2 The district appreciates the opportunity to comment on the proposed project. Please contact Lisa LeBlanc at 457-3074 if you have any questions or require additional information regarding our comments. Sincerely, Deo Persaud, Assistant Superintendent Operational Services C: Lisa LeBlanc, Executive Director, Facilities Management&Planning File (2) r File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager GRANVILLE HOMES, INC Planning& Development Department 1396 W. HERNDON AVE., SUITE 101 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5798 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " FF - DRAINAGE AREA FF $5,981.00 DATE loDRAINAGE AREA " - - TOTAL FEE $5,981.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee w4 indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. to Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5798 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESN() vET )POLITAN FLOOD CONTROL Dh ZICT 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. _J- l. X a. Drainage from the site shall be directed to H Street. y' b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X 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 X d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 098 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO MET►_jPOLITAN FLOOD CONTROL DIS_AICT NOTICE OF REQUIREMENTS Page 3 of 4 X Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Does not appear to be located within a flood prone area. 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing 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 to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. Z State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General O Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, %4 eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. to b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5798 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO MET,tx0POLI AN FLOOD CONTROL DIS i RICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, V UN_ Project ngineer: Mitzi M. Molina District Engineer C: QUAD KNOPF 8405 N. FRESNO ST., SUITE 300 FRESNO, CA 93720 5798 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 Our records indicate that there is not a valley gutter across Amador Avenue and"H"Street to convey runoff to the existing inlet located at the northwest corner of San Joaquin Avenue and "H" Street. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. No surface run-off shall be directed towards the alley. i Development No. Tract 5798 \\FS2\data\Engineering\Permits\Exhibit2\Tracts\5798.doc(m mm) TENTATIVE TRACT MAP ..0. 5798 GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) b. Oversize Charge* $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge S.T.E.P.♦ Service Area: d. Wastewater Facilities Charge S.T.E.P. e. Copper Avenue Sewer Lift Station Charge* N/A f. Fowler Trunk Sewer Interim Fee Surety* N/A g. House Branch Sewer Charger N/A h. Millbrook Overlay Sewer* N/A WATER CONNECTION CHARGES FEE RATE i. 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. j. Frontage Charge* $6.50/lineal foot k. Transmission Grid Main Charge* $804/net acre (parcels under 5 gross acres) I. Transmission Grid Main Bond Debt Service Charge w► $304/net acre (parcels under 5 gross acres) m. UGM Water Supply Feer N/A Service Area: n. Well Head Treatment Feer N/A Service Area: o. Recharge Feev N/A Service Area: p. 1994 Bond Debt Service* N/A Service Area: DEVELOPMENT IMPACT FEE FEE RATE q. Fire Facilities Impact Fee - Citywide$" $236/1000sq.ft t r. Park Facility Impact Fee - Citywide$"" N/A s. Quimby Parkland Dedication Feev"" N/A t. Police Facilities Impact Fee - Citywide$"* $665/1000sq.ft t u. Traffic Signal Charge* $1.78/sq.ft t URBAN GROWTH MANAGEMENT FEE RATE v. Major Street Charge* N/A Service Area: E-1 w. Major Street Bridge Charge* N/A Service Area: E-1 x. UGM Grade Separation Fee* N/A Service Area: y. UGM Trunk Sewer Charge* N/A Service Area: z. Street Acquisition/Construction Chargee N/A Notes: 'Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the total number of Living Unit Equivalents. Fee applicable to all maps accepted for filing after August 30,2005 ♦ Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP)as determined by the Department of Public Utilities,Wastewater Division, Environmental Services Section (559-621-5153). 46 Due at time of development .6 Deferrable through Fee Deferral Covenant. V Due at time of subdivision. $ Due at occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Street Name Review TM-5798 9-20-06 Street Name Status Required Change Public Alley Chane (Alley) H Street Good Sacramento Street Good Amador Street Good F100610000548 NOTICE OF EXEMPTION ATl�FCEI`�F� R ILING: TO: _ Office of Planning and Research FROM: CITY OF FRESNO 1400 Tenth Street, Room 121 Planning and Development Dept. Sacramento, California 95814 2600 Fresno Street NOV 17 2006 Fresno, California 93721 X County Clerk County of Fresno K 2221 Kern Street By Fresno, California 93721 DEPUTY Subject: Filing of Notice of Exemption in compliance with Section 21152 of the Public Resources Code. Vesting Tentative Tract Map No. 5798 Project Title Planning and Development Department City of Fresno N/A Meenakshi Singh, Planner (559)621-8064 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If subjected to Clearinghouse) Contact Person The site is approximately 0.69 acre in size and is located on the east side of H Street between Sacramento and Amador Streets, Fresno City and County. Project Location (Include County) Project Description:Vesting Tentative Tract Map No.5798 proposes to create a one common lot condominium subdivision on 0.69 acre of property which is approved for the construction of a two-story,26 unit multiple family residential complex. The condominium process allows for the sale of individual airspace to buyers and requires that all buyers of residential air space share in common ownership of all buildings, 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 November 15, 2006 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. ,-0'J" L0 A_� \k- \__�-0 UP ilbe J. Haro Date Planning Manager, Planning and Development Department Attachments: Project Vicinity Map City of Fresno Environmental Assessment No. T-5798 K:\Master Files -Tract Maps\Tract 5798 Meenakshi Singh (condo)\EA\Notice of Exemption.doc CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5783 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Granville Homes, Inc. 1396 W. Herndon Avenue, Ste. 101 Fresno, California 93711 PROJECT LOCATION: Located on the northwesterly comer of Broadway Avenue and Amador Street. (466-194-15). PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5783 proposes to create a one common lot condominium subdivision on 1.12 acre of property which is approved for the construction of a two-story, 38 unit multiple family residential and 9,660 square feet commercial complex. The condominium process allows for the sale of individual airspace to buyers and requires that all buyers of residential air space share in common ownership of all buildings, open space, walls, etc., on the entire site. This project is exempt under Section 15315/Class 15 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315/Class 15 exempts from the provisions of CEQA,the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The proposed project is consistent with the 2025 Fresno General Plan policies, the Central Area Community Plan and the Fulton-Lowell Specific Plan. The site has no value as habitat for endangered, rare or threatened species and complies with all conditions of the Class 15 Categorical Exemption. No adverse environmental impacts would occur as a result of the proposed condominium project. Date: November 10, 2006 O U s Prepared By: Meenakshi Singh Planner III LD W W t� �- ci Submitted By: L i o Gilbert J. Haro LLJ U - W Planning Manager L City of Fresno Planning & Development Department N (559) 621-8277 KAMaster Files-Tract Maps\Tract 5783 Meenakshi Singh (condo)\EA\CAT.doc � � E200610000548 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO.T-5798 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Granville Homes, Inc. 1396 W. Herndon Avenue, Ste. 101 Fresno, California 93711 PROJECT LOCATION: Located on the east side of H Street between Sacramento and Amador Streets. (466-194-12). PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5798 proposes to create a one common lot condominium subdivision on 0.69 acre of property which is approved for the construction of a 26-unit two story multiple dwelling apartment complex. The condominium process allows for the sale of individual airspace to buyers and requires that all buyers of residential air space share in common ownership of all buildings, open space, walls, etc., on the entire site. This project is exempt under Section 15315/Class 15 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315/Class 15 exempts from the provisions of CEQA,the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average.slope greater than 20 percent. The proposed project is consistent with the 2025 Fresno General Plan policies, the Central Area Community Plan and the Fuiton-Lowell Specific Plan. The site has no value as habitat for endangered, rare or threatened species and complies with all conditions of the Class 15 Categorical Exemption. No adverse environmental impacts would occur as a result of the proposed condominium project. Date: November 10, 2006 .� Prepared By: Meenakshi Singh, Planner III 0 0 Submitted By: au � -tt W Gilbert J. Haro Planning Manager W o City of Fresno WW Planning & Development Department a (559) 621-8277 C= � 5 KAMaster Files-Tract Maps\Tract 5798 Meenakshl Singh(condo)\EA\CAT.doc