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Home My WebLink AboutT-5951 - Conditions of Approval - 10/31/2011 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12932 The Fresno City Planning Commission at its meeting on March 04, 2009, 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. 5951/UGM was filed with the City of Fresno and proposes a one-lot subdivision of the subject propertyfor condominium purposes on approximately 4.38 acres of property located on the north side of West Herndon Avenue between North Warren and North West Avenues; and, WHEREAS, on November 24, 2008, the District 2 Plan Implementation Committee reviewed the Vesting Tentative Tract Map No. 5951/UGM; 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 March 04, 2009; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on March 04,2009, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that 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. 5951/UGM may have a significant effect on the environment as the proposed subdivision is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Classl/Existing Facilities) and Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the subject vesting tentative tract map is consistent with the adopted 2025 Fresno General Plan and the Bullard Community Plan and the 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. 5951/UGM subject to the Planning and Development Department Conditions of Approval dated March 04, 2009 and the following: 1. The conditions of approval shall be revised to include requirements for black wall improvements on eligible adjacent single family residential properties abutting the north and west property lines of the subject property pursuant to the memorandum provided to the City of Fresno Planning Commission by Regal Development Group dated March 04, 2009. City o1 REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VII.A. COMMISSION MEETING 03/04/09 March 04, 2009 APPROVED BY ok FROM: KEITH BERGTHOLD, Interim Director Planning and Development Department DEPARTMENT DIRECTOR THROUGH: DARRELL UNRUH, Planning Manager--r. k Planning Division BY: WILL TACKETT, Planner IIIA Planning Division SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5951/UGM AND RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5951 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5951/UGM has been filed by Regal Development Group on behalf of Westwood Bluffs, LLC., property owner, and pertains to approximately 4.38 acres of property located on the north side of West Herndon Avenue between North Warren and North West Avenues. Vesting Tentative Tract Map No. 5951/UGM proposes a one-lot subdivision of the subject property for condominium purposes. The subject property is developed with an 88-unit multiple family residential planned development for senior citizens in accordance with Conditional Use Permit No. C-06-003 (approved February 27, 2006). The overall density of the existing senior citizen housing development is approximately 20.09 dwelling units per acre. The subject property is currently zoned under the R-1/EA/UGM/cz (Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan and Bullard Community Plan, which designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district is consistent with the Medium Density Residential planned land use designation. However, the existing density of this project (20.09 dwelling units per acre) does not conform to the Medium Density Residential planned land use, which allows 4.99-10.37 units per acre. While the project density exceeds the density allowances of the Medium Density Residential planned land use designation, Conditional Use Permit No. C-06-003 (in accordance with Section 12-304-B-13 of the Fresno Municipal Code and California Government Code Sections 65915 through 65917) authorized a density bonus for the senior citizen housing development on the subject property. The proposed project is well under the density allowed for "Housing for Senior Citizens" pursuant to Section 12-304-B-13 of the Fresno Municipal Code. As the subject property has been developed utilizing density bonus provisions for senior citizen housing developments, all of the dwelling units on the subject property are required to be reserved for "senior citizens" regardless of whether rented or owned by occupants. If approved, the one common lot condominium "airspace" subdivision proposed by Vesting Tentative Tract Map No. 5951/UGM will only facilitate individual ownership of respective dwelling units, which exist on the subject property; and establish, or provide for, jointly owned areas and facilities on the subject property. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 2 Therefore, Vesting Tentative Tract Map No. 5951/UGM may be determined to be consistent with the 2025 Fresno General Plan and the Bullard Community Plan, pursuant to Section 12-403-B-2 of the FMC. The proposed project is supported by staff and the District 2 Plan Implementation Committee. PROJECT INFORMATION PROJECT Vesting Tentative Tract Map No. 5951/UGM proposes a one-lot "airspace" subdivision of the subject property for condominium purposes. APPLICANT Regal Development Group on behalf of Westwood Bluffs, LLC. LOCATION North side of West Herndon Avenue between North Warren and North West Avenues. (Council District 2, Councilmember Borgeas) SITE SIZE Approximately 4.38 acres LAND USE Existing - 88-unit senior citizen housing development. Planned - Medium Density Residential (4.99-10.37 du/acre) ZONING Existing - R-1/EA/UGM/cz (Single Family Residential/ Expressway Area Overlay/Urban Growth Management/ with conditions of zoning) zone district. Proposed - R-1/EA/UGM/cz (Single Family Residential/ Expressway Area Overlay/Urban Growth Management/ with conditions of zoning) zone district. PLAN DESIGNATION The proposed subdivision map, together with its design and AND CONSISTENCY improvements, is consistent with the 2025 Fresno General Plan and the Bullard Community Plan, which designate the subject property for Medium Density Residential (4.99-10.37 du/acre) planned land uses, because the proposed condominium project design meets the density and zoning ordinance criteria for development in this plan designation with the application of a density bonus pursuant to Section 12-304-B- 13 of the Fresno Municipal Code and California Government Code Sections 65915 through 65917. ENVIRONMENTAL This project is exempt under Sections 15301 (Class 1/Existing FINDING Facilities) and 15315 (Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. PLAN COMMITTEE The District 2 Plan Implementation Committee recommended RECOMMENDATION approval of the proposed project at their meeting held November 24, 2008. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 3 STAFF Recommend that the Planning Commission approve Vesting RECOMMENDATION Tentative Tract Map No. 5951/UGM subject to the Conditions of Approval dated March 04, 2009. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use R-1/EA/UG M North Medium Density Residential Single Family Residential District/Expressway Single Family Residential Area Overlay/Urban Growth Management C-P/EA/UGM/cz SouthAdministrative and Professional Office Commercial Office Commercial Office District/Expressway Area Overlay/Urban Growth Management/with conditions of zoning C-P/EA/UGM/cz Administrative and Professional Office District/Expressway Area Overlay/Urban Growth Managemendwith conditions of zoning Commercial Office East Neighborhood Commercial & & & Office Commercial C-1/EA/UG M/cz Commercial Retail Neighborhood Shopping Center District/Expressway Area Overlay/Urban Growth Management/with conditions of zoning R-1/EA/UGM West Medium Density Residential Single Family Residential District/Expressway Single Family Residential Area Overlay/Urban Growth Management ENVIRONMENTAL FINDING The Planning and Development Department staff have evaluated the proposed vesting tentative tract map and have determined that the proposed subdivision is exempt under Sections 15301 (Class 1/Existing Facilities) and 15315 (Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects involving negligible or nor expansion of use beyond that existing at the time of the lead agency's determination; including but not limited to, division of existing multiple family or single-family residences into common-interest ownership. Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines exempts from the provisions of CEQA, the division of property in urbanized areas zoned for residential 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 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 4 was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. BACKGROUND/ ANALYSIS Vesting Tentative Tract Map No. 5951/UGM has been filed by Regal Development Group on behalf of Westwood Bluffs, LLC., property owner, and pertains to approximately 4.38 acres of property located on the north side of West Herndon Avenue between North Warren and North West Avenues. Vesting Tentative Tract Map No. 5951/UGM proposes a one-lot subdivision of the subject property for condominium purposes. The subject property is developed with an 88-unit multiple family residential planned development for senior citizens in accordance with Conditional Use Permit No. C-06-003 (approved February 27, 2006). Conditional Use Permit No. C-06-003 was approved for the senior housing development as a revised exhibit to Conditional Use Permit No. C-02-034 (approved July 29, 2002), which originally authorized a mixed use development incorporating the subject senior housing development as well as approximately 27,200 square feet of commercial space and approximately 18,500 square feet of office space on approximately 10 acres of land. The overall density of the existing senior citizen housing development is approximately 20.09 dwelling units per acre. The subject property is currently zoned under the R-1/EA/UGM/cz (Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan and Bullard Community Plan, which designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district is consistent with the Medium Density Residential planned land use designation. However, the existing density of this project (20.09 dwelling units per acre) does not conform to the Medium Density Residential planned land use, which allows 4.99-10.37 units per acre. While the project density exceeds the density allowances of the Medium Density Residential planned land use designation, Conditional Use Permit No. C-06-003 (in accordance with Section 12-304-B-13 of the Fresno Municipal Code and California Government Code Sections 65915 through 65917) authorized a density bonus for the senior citizen housing development on the subject property. The proposed project is well under the density allowed for "Housing for Senior Citizens" pursuant to Section 12-304-B-13 of the Fresno Municipal Code. As the subject property has been developed utilizing density bonus provisions for senior citizen housing developments, all of the dwelling units on the subject property are required to be reserved for "senior citizens" regardless of whether rented or owned by occupants. For the purposes of defining a "senior citizen" the Fresno Municipal Code refers to Section 51.3(b) of the California Civil Code, which states that a "qualifying resident' or "senior citizen" means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. The only exceptions to the definition of a "senior citizen" under the California Civil Code are those made for "qualifying residents", which may be: a spouse, cohabitant, or person providing primary physical or economic support to the senor citizen who are of 45 years of age or older; or, a disabled person who is a dependent child or grandchild of the senior citizen. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 5 If approved, the one common lot condominium "airspace" subdivision proposed by Vesting Tentative Tract Map No. 5951/UGM will only facilitate individual ownership of respective dwelling units, which exist on the subject property; and establish, or provide for, jointly owned areas and facilities on the subject property. The City of Fresno and Regal Development Group have been prudently entertaining complaints received from neighboring property owners respective to interface issues that have arisen between the subject property and adjacent residences. Of particular concern is the height of the solid masonry boundary wall located on the north and west property lines of the subject property. Due to the grading of the subject property, which occurred prior to its development in order to address on-site drainage issues, a grade differential now exists between the subject property and adjacent single family residential properties. This grade differential creates a privacy issue for neighboring residents in that the solid masonry wall along the north and west property lines of the subject site is no longer of a height which provides for sufficient or appropriate privacy screening for the rear yards and residences of neighboring residential properties. On February 24, 2009 a neighborhood meeting was held involving representatives of the subject property, neighboring residents, and City staff. At the neighborhood meeting it was generally agreed that the most appropriate course of action for mitigating the interface issues between the subject property and adjacent residential properties (in order to protect the privacy of the neighboring residents) is for the owner of the subject property to add an additional two courses of solid masonry block to the existing block wall located along the north and west property lines. Two courses of masonry block would provide anywhere from 20-24 inches of additional height to the existing block wall; thereby accommodating the differences in grade between properties through the provision of a wall height adequate to screen visibility. It should be noted that pursuant to Section 66427 of the Subdivision Map Act, "a map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative, or final map of the project on account of the design or the location of buildings on the subject property shown on the map that are not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium." Conditions of Zoning The following Conditions were established for the subject property and adjacent commercial and office zoned properties through City Council approval of Rezone Application No. R-02-006 on August 27, 2002 (Ordinance No. 2002-46): 1. The multiple family residential portion of the project shall be developed as a "Housing for the Elderly' project as defined in Section 12-105-H-14 of the Fresno Municipal Code. 2. The off-sale (per State ABC regulations) of alcoholic beverages and the sale of pornographic material shall be prohibited on the subject property. 3. Arcades shall be prohibited on the subject property. 4. The drug store and fast food restaurant (including drive-through window) shall close at no later than 10:00 p.m. These hours may be extended to 11:00 p.m. upon approval of the Director of REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 6 the Planning and Development Department and the Police Chief. The drive-through window for the drug store may be operational 24 hours a day. 5. The exterior appearance of the various buildings of the project shall be designed in a compatible manner as determined by the Planning and Development Department Director. 6. The fast food restaurant shall not contain any outdoor display area. 7. A substantial portion of the residential and office buildings of the project shall be completed prior to the development of more than fifty percent of the commercial buildings, as determined by the Planning and Development Department Director. 8. A traffic signal shall be installed on West Avenue at the proposed southerly access point to the subject property. The City traffic Division shall reevaluate the traffic flow at this intersection, approximately one-year from the date of the installation of the traffic signal. 9. The intersection at the proposed southerly access point to the subject property shall include a 100-foot long northbound left turn lane on West Avenue. 10.The Traffic signal at West and Herndon Avenues and the proposed signal at the southerly site access point and West Avenue shall be coordinated to optimize signal operation efficiency. 11. Lighting plans for the commercial portion of the project shall be sufficient for security purposes as determined by the Planning and Development and Police Departments. 12.A grocery store/supermarket shall not be permitted on the subject property for a period of thirty years from the date of the approval of this project. Compliance with the abovereferenced conditions of zoning on the subject property has been demonstrated through the existing development of the subject property and adjacent properties. Furthermore, as the use of the subject property is required to remain exclusively for the purposes of a senior housing development, it may be determined that the conditions of zoning for the subject property have been met with respect to the proposed subdivision of the subject property. Circulation Element Plan Policies and Major Street System Traffic Capacity Access to the subject property is provided from North West Avenue in accordance with the planned development approved by Conditional Use Permit No. C-02-034 (approved July 29, 2002). Access has been relinquished for the frontage of the subject property along West Herndon Avenue. The 2025 Fresno General Plan Circulation Element designates North West Avenue as a collector street and West Herndon Avenue as an expressway. Right-of-way dedications have been made along the entirety of the subject property's frontage and all off-site improvements, for and along adjacent public streets, have been installed in accordance with City of Fresno requirements. The Public Works Department Transportation Planning Section has reviewed Vesting Tentative Tract Map No. 5951/UGM and has determined that the proposed subdivision will have no further effect on streets adjacent to or near the subject property beyond those which have previously been evaluated and/or mitigated respective to the existing planned development on the subject property. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 7 The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. Public Resources and Services The Public Utilities Department has determined that the existing private sanitary sewer and existing onsite public water main services are sufficient to continue to serve the project. The City of Fresno Fire Department has conditioned the proposed with a requirement for recordation of a covenant for maintenance of fire sprinkler systems on the subject property. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service is available to the subject property through existing on-site drainage facilities. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed Vesting Tentative Tract Map No. 5951/UGM. Within its memorandum dated November 17, 2008, Caltrans indicates that it has no comments respective to the proposed tentative tract map. 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 Fresno General Plan and Bullard Community Plan which designate the site for Medium Density residential planned land uses. Pursuant to Fresno Municipal Code Section 12- 304-B-13 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 the previously imposed conditions of approval 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 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 8 the proposed one-lot subdivision pertains to "airspace" for the purposes of a condominium project for an existing development. Furthermore, the entirety of the area in which the subject property is located has been developed with urban uses. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the previously imposed 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 the project design and previously imposed 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 and because of the orientation of the existing buildings on the subject property. 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 approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the vesting tentative tract map is final unless appealed in accordance with the Fresno Municipal Code, Section 12-1019. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; its avoidance or mitigation of potentially significant adverse environmental impacts; and, its compliance with the Subdivision Map Act. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5951/UGM is appropriate for the project site. Staff, therefore, recommends that the Planning Commission: 1. APPROVE the environmental finding for Environmental Assessment No. T-5891 that the project proposal is categorically exempt from the provisions of CEQA under Sections 15301 (Class 1/Existing Facilities) and Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines. 2. APPROVE Vesting Tentative Tract Map No. 5951/UGM subject to compliance with the Conditions of Approval dated March 04, 2009. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5951/UGM March 04, 2009 Page 9 Attachments: Vicinity Map Aerial Photograph of Site Planned Land Use Map Exhibit "A" of Conditional Use Permit Application No. C-06-003 dated May 11, 2006 Vesting Tentative Tract Map No. 5951/UGM dated November 05, 2008 Conditions of Approval for Vesting Tentative Tract Map No. 5951/UGM dated March 04, 2009, including memoranda from responsible or commenting agencies. Environmental Assessment No. T-5951 dated February 27, 2009 -1-B , ` R-1 C SPRRU-C1 E PRUCE SPRUCE OWmY LOCUSTS m -1-8 z R 1 0 C7 FIR z FIR w m H FIR u.1?� -P -�1 z w BEECHWOOD w C-1 a �C-1 ATLANTA HERNDON HERNDON C-P C-1 R-12 -A w Cn z Zo � w R- -C g R-1-EH C-P o -' a - -10 U- UJ 0 3 1)1-A LEGEND Subject Property U.G.M.Area VICINITY MAIP PLANNING & DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT NO. C-06-003 A.P.N.: 405-503-14S ZONE MAP: 1748 \ 7045 N. WEST AVE. 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I, l g O fit ly, I' I II I b o • 3 I� � II I I II -. ar l w ®.tc'Ict M.at,IzoOrl la I I II I I I Gro �- toy�msW - _ I `f�b!y J 61�mbd�,o I I I I i II —� I I �fJ �■ rcz I I LLLL 3 Yl �6d60dd TI y� I Im I gl I I II I ` - - -- - -- - -_ _ T I I I II b I I I II g IN I Ig Q m R I • I I II _----_---J -_---_-_- III bar E�s X i sonwvae"�srsrel2.wvlu .ec,Izooa)Ia ,cc uv M.aclz.00a X I I I II .WCLI a.K"ZZl 01�-LC I AL I ,Lt O S 3fou I III Is p I 0 I I I 1 II ° lal I II�b I I 111 L££b ' Ural.A0 djW £b-Of'I" .v 6Lr1d-,0 eL'Na I I II�E i 1 1 II '0 � � Il�blan I I I • A CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL MARCH 04,2009 (AS REVISED BY THE PLANNING COMMISSION) VESTING TENTATIVE TRACT MAP NO. 5951/UGM "FOR CONDOMINIUM PURPOSES" NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH WARREN AND NORTH WEST AVENUES All 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. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5951/UGM dated November 05, 2008, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report, if applicable, 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 Fresno Municipal Code). 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 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 Map, but required as a condition of development, shall be acquired at the subdivider's cost and Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 2 of 10 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 subdivider 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 vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of required off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all required 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. GENERAL INFORMATION 10. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 11. Pursuant to Section 66456.1 of the Subdivision Map Act, which states `The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 12. 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: Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 3 of 10 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. 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. ZONING & PROPERTY DEVELOPMENT STANDARDS 13. As the subject property has been developed utilizing density bonus provisions for senior citizen housing developments, all of the dwelling units on the subject property are required to be reserved exclusively for "senior citizens" (or "qualifying resident") as defined by Fresno Municipal Code and California Civil Code. 14. Condominium units on the subject property are required to be owner-occupied except as may be permitted by the California Civil Code. 15. Whenever a subdivision, includes area under common ownership, the use, maintenance, and operation thereof shall be administered by an owner's association regulated by covenants, conditions, and restrictions (CC&R's) pursuant to Section 12- 1026 of the Fresno Municipal Code. a) Submit draft copies of Covenants, Conditions and Restrictions/Owners Association documents (CC&R's) for review and approval. Final, executed and notarized documents shall be recorded with the final map or alternatively submit recorded documents or docuements for recording. CC&R's are intended to satisfy and secure the enforceability of properties' obligations for retention and maintenance of access, utilities, facilities, and improvements; and, shall, at a minimum, address the following: i) Cross Access for ingress/egress and emergency access to buildings ii) Cross Drainage iii) Shared Parking iv) Shared solid waste facilities v) Maintenance of sewer, water and all other utilities vi) Maintenance of private sidewalks, curbs, gutters, and improvements vii) Maintenance of all landscaping and irrigation systems within the limits of this map viii)Maintenance and retention of fire suppression systems and underground water supplies b) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, include assignment of responsibility to the homeowner's association for provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 4 of 10 dated January 11, 1985 and shall specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: The owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. • NOTE: Any amendment by the association to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. Conditions of Zoning 16. The following Conditions of zoning were established for the subject property and adjacent commercial and office zoned properties through City Council approval of Rezone Application No. R-02-006 on August 27, 2002 (Ordinance No. 2002-46): a) The multiple family residential portion of the project shall be developed as a "Housing for the Elderly" project as defined in Section 12-105-H-14 of the Fresno Municipal Code. b) The off-sale (per State ABC regulations) of alcoholic beverages and the sale of pornographic material shall be prohibited on the subject property. c) Arcades shall be prohibited on the subject property. d) -Fhe drug store and fast food restaurant (including drive-through window) shall close at no later than 10:00 p.m. These hours may be extended to 11:00 p.m. upon approval of the Director of the Planning and Development Department and the Police Chief. The drive-through window for the drug store may be operational 24 hours a day. e) The exterior appearance of the various buildings of the project shall be designed in a compatible manner as determined by the Planning and Development Department Director. f) The fast food restaurant shall not contain any outdoor display area. g) A substantial portion of the residential and office buildings of the project shall be completed prior to the development of more than fifty percent of the commercial buildings, as determined by the Planning and Development Department Director. h) A traffic signal shall be installed on West Avenue at the proposed southerly access point to the subject property. The City traffic Division shall reevaluate the traffic flow at this intersection, approximately one-year from the date of the installation of the traffic signal. i) The intersection at the proposed southerly access point to the subject property shall include a 100-foot long northbound left turn lane on West Avenue. Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 5 of 10 j) The Traffic signal at West and Herndon Avenues and the proposed signal at the southerly site access point and West Avenue shall be coordinated to optimize signal operation efficiency. k) Lighting plans for the commercial portion of the project shall be sufficient for security purposes as determined by the Planning and Development and Police Departments. 1) A grocery store/supermarket shall not be permitted on the subject property for a period of thirty years from the date of the approval of this project. • NOTE: Compliance with the abovereferenced conditions of zoning on the subject property has been demonstrated through the existing development of the subject property and adjacent properties. Furthermore, as the use of the subject property is required to remain exclusively for the purposes of a senior housing development, it may be determined that the conditions of zoning for the subject property have been met with respect to the proposed subdivision of the subject property. Lot Area and Dimensions 17. The single "common" lot proposed by Vesting Tentative Tract Map No. 5891/UGM is consistent with the existing R-1 (Single Family Residentian zone district subject to approval of a special permit for a planned development project. • NOTE: In accordance with Section 12-1011(6) every lot shall abut on a public street, except where adequate internal circulation is provided by a private street or streets in an approved planned unit development. a) Conditional Use Permit No. C-06-003 and Conditional Use Permit No. C-02-034, authorize the existing planned development project on the subject property. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and Development Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. b) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 5951/UGM dated November 05, 2008. Building Heights and Setbacks 18. Building heights and setbacks shall be provided in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-06-003 dated February 27, 2006 and Exhibit(s) "A" dated May 11, 2006. Landscaping and Open Space 19. Landscaping on the subject property shall be provided and maintained in accordance with the conditions of approval of Conditional Use Permit No. C-06-003, dated February 27, 2006 and Conditional Use Permit No. C-02-034 dated July 29, 2002; incorporated herein by reference. Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 6 of 10 Fences, Hedges &Walls 20. Fences, Hedges & Walls on the subject property shall be maintained in accordance with Conditional Use Permit No. C-06-003, dated February 27, 2006 and Conditional Use Permit No. C-02-034 dated February 27, 2009 with the following exceptions: a) All future proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by -the City of Fresno, Planning and Development Department. (Include this note on the site plan.) 21. Block wall improvements shall be made to the boundary wall located along the north and west property lines of the subject property in accordance with the memorandum to the Planning Commission from Regal Development Group dated March 04, 2009 and the following: a) An additional two courses (approximately 18-21 inches) of concrete block shall be added to the top of the block wall located on the adjacent single family properties identified as being eligible within the letter to the Planning Commission from Regal Development Group dated March 04, 2009. b) Work conducted must be permitted in full compliance with all rules and regulations of the City of Fresno Planning and Building and Safety Services Division, contingent upon full legal consent and "cooperation" of individual homeowners choosing to accept said improvements. • NOTE: "Cooperation"of individual homeowners shall be defined as provided within the memorandum to the Planning Commission from Regal Development Group dated March 04, 2009. Off-Street Parking & Access 22. Access, circulation, and parking on the subject property shall be maintained in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-06-003 dated February 27, 2006 and Exhibit(s) "A" dated May 11, 2006. STREETS AND RIGHTS-OF-WAY 22. All requirements of the conditions of approval for Conditional Use Permit No. C-06-003 and Conditional Use Permit No. C-02-034, respective to right-of-way dedications and/or improvements adjacent to the subject property, have been made. There are no further requirements imposed at this time for the purposes of this tentative map. Street Tree Requirements 23. Attached for the Subdivider's records and consideration is the Department of Public Works memorandum from the Parks Supervisor dated November 13, 2008. • NOTE: Street tree requirements have been waived due to the existence of an underground Fresno Irrigation District canal (#124). Right-Of-Way Acquisition Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 7 of 10 24. The developer will be responsible for the acquisition of any necessary right-of-way to construct any improvements that may be required. 25. If applicable, rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 26. In the event an acquisition of any easement or right-of-way is necessitated, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. a) Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement, 27. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with acquisitions, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. SANITARY SEWER SERVICE The nearest sanitary sewer main serving the proposed project is a 12-inch main located in North West Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 28. Separate sewer house branches are required for each lot. 29. On-Site sanitary sewer facilities shall be private. 30. The project developer should contact Wastewater Management Division/Environmental Services (559) 621-5100 regarding conditions of service for special users. 31. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated December 03, 2008. SANITARY SEWER FEES 32. The following Sewer Connection Charges are due and shall be paid for the Project: a) Lateral Sewer Charge b) Oversize Sewer Charge c) Oversize Sewer Service Area: #10 d) Trunk Sewer Area: Herndon e) Sewer Facility Charge Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 8 of 10 WATER SERVICE The following conditions are required to provide water service to the tract:_ 33. The proposed condominium shall be provided water service from the existing on-site public water main and existing water services. 34. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated November 07, 2008, except as may be modified above or in agreement with the Water Systems Manager. URBAN GROWTH MANAGEMENT REQUIRMENTS (GENERAL) 35. The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay a.11 applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Laws as related to tentative tract maps. SOLID WASTE SERVICE 36. The tract will be serviced as a multiple family residential property with bin service. 37. One two-cell enclosure exists on the subject property and has been constructed to current standards. The developer shall provide signage to clearly identify all recycling or solid waste collection and the materials accepted therein. 38. Owner shall provide a minimum of 44 cubic yards of solid waste and recycling services per week. 39. There will be no separate billing for Solid Waste Services. The City of Fresno shall be provided with the names and address of property management company or homeowner's association for billing purposes. 40. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated December 04, 2008. FIRE SERVICE This project is within two miles of Fresno City Fire Station No. 2. 41. Provide a covenant or other City of Fresno approved form of assurance for maintenance of the fire sprinkler systems. 42. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated November 13, 2008. FLOOD CONTROL AND DRAINAGE 43. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 9 of 10 These requirements are identified in the District's letters to the Planning and Development Department dated November 14, 2008. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) 44. Attached for the Subdivider's records and consideration is the State Department of Transportation (Caltrans) memorandum dated November 17, 2008. FRESNO IRRIGATION DISTRICT 45. Comply with all of the requirements of the attached Fresno Irrigation District (FID) memorandum dated November 21, 2008. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge S.T.E.P.** Service Area: Herndon d. Wastewater Facilities Charge S.T.E.P.** e. Fowler Trunk Sewer Interim Fee Surety [1] N/A f. Copper Avenue Sewer Lift Station Charge [1] N/A g. House Branch Sewer Charge [2] N/A h. Millbrook Overlay Sewer [1] 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 [1] $6.50/lineal foot k. Transmission Grid Main Charge [1] $804/net acre (parcels under 5 gross acres) I. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) Vesting Tentative Tract Map No. T-5891/UGM March 04, 2009 Page 10 of 10 m. Water Supply Fee [2] $322/net acre Service Area: 90 n. Well Head Treatment Fee [2] $0/living unit Service Area: 201 o. Recharge Fee [2] $0/living unit Service Area: 201 p. 1994 Bond Debt Service [1] $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES cl. Fire Facilities Impact Fee — Citywide [4] $439/living unit r. Park Facility Impact Fee— Citywide [4] $2764/living unit s. Quimby Parkland Dedication Fee [2] N/A t. Citywide Regional Street Fee [3] $13,846/adj. acre u. New Growth Area Major Street Fee [3] $30,775/adj. acre v. Police Facilities Impact Fee — Citywide [4] $508/living unit w. Traffic Signal Charge [1] $316.65/living unit Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. "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). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. REGAL March 4, 2009 DEVELOPMENT GROUP City of Fresno Planning Commission 2600 Fresno Street Fresno, CA 93721 Re: Letter of Agreement for Block Wall Improvements ' Dear Commissioners: In connection with Tentative Tract Map No. 5951, single family homeowners to the North and West of the Westwood Bluffs property have raised concerns regarding the height of certain sections of their block wall situated on their properties adjacent to the Westwood Bluffs complex. After much discussion and three neighborhood meetings, the neighbors have,expressed a consensus in their desire for their existing block wall to be made uniform in its tbp line (please see attached wall diagram, Exhibit A). Through our discussions with the City's Building and Planning departments, we understand that only certain sections of the wall may be safely added to due to the fact that 1) certain sections of the wall were originally built at or near a height of 7 feet, the maximum allowable height for a fence or wall in a residential zone according to Fresno Municipal Code (Article 3, Sec.12-306 H), and 2)_ certain homeowners have already made additions of multiple courses of block to their wall beyond its originally constructed height. These factors leave seven homeowners eligible for legally permissible additional height to be added to their wall, which, if accepted,would bring a uniform top finish line to the wall. Please consider this letter Regal Development Group's formal agreement to offer block wall improvements to the eligible single family homeowners listed below: 1. Pappas (West Property Line) 2. Pollard(West Property Line) 3. Angelos (North Property Line) .4. Lee (North Property Line) 5. Bouskos(North Property Line) 6. Miranda(North Property Line) 7. Kenan (North Property Line) The specific wall improvement offered to these homeowners is the installation of 2 additional r courses of concrete block with a cap on top of their existing wall, affording approximately 18-21 inches of additional height along their sections of the wall which abut Westwood Bluffs property. In order for these improvements to be completed, the work must be permitted in full compliance with all niles and reaulatlons of the City's Building Department, whose Director, Mr. Jerry Bishop, has offered his full cooperation in engineering and permitting such improvements. 3128 WILLOW AVENUE, SUITE 101 • CLOVIS, CA 93612 • PH 559-347-6980 • FAx 559-292-3376 _ Uel—A City of Fresno Planning Commission March 4, 2009 Page 2 Secondly, in order for these improvements to be made, Regal must have the full legal consent and cooperation of each individual homeowner choosing to accept the offer of additional wall height. This cooperation includes, at a minimum: 1. Full preparation by the homeowner of their respective section of the wall for construction,. including removing and/or clearing any and-all existing trellises, tree branches, vines, or other materials away, leaving the top surface of the wall completely unobstructed and with a reasonable height clearance for improvement work to be conducted. 2. The homeowner entering into a binding construction contract for such improvements, as legal owners of the wall to which the improvements are to be made, and owners of the underlying property. 3. Full and timely cooperation by homeowners with any further reasonable requests made by Regal necessary in order to accommodate the wall-improvement work. Based upon each homeowner's consent and cooperation in preparation for the improvements and the delivery of those approvals required by,the City for work to proceed,_Regal is prepared to make the above-specified improvements at our expense. Should you have any questions or require any additional information, please feel free to contact me. Sincerely, Amber Herzog L an Regal Development Group cc: Mr. Keith Bergthold, Interim Director, City of Fresno Planning and Development Department I 3 1 � V o � zin I � II j I 0 d� i Id m F I N m � v a i'I �• a J � C W O 00 I � UO N f n V I /v W I Y . N s I '. F' W e W � ma � b Y p + " I LX f + I tD N I � I i v O O n O r'1 rYi �.R raj r'1 M: r] M March 3, 2009 Mr. Keith Bergthold REGAL Mr. Darrell Unruh DEVELOPMENT Planning& Development Department GROUP City of Fresno 2600 Fresno Street, 3rd Floor Fresno, CA 93721 Re:Comments to Staff Report for TTM No.5951 Dear Gentlemen: Thank you for providing a copy of the Staff Report to the Planning Commission re: Vesting Tentative Tract Map No. 5951 for our review. Please see Regal Development Group's comments below to be considered in preparation for the scheduled March 4th Planning Commission hearing and added to the project record: 1. Discussion of block wall/ visual interface (page 5): It is important to highlight that the grade differential has caused an overlook issue for SOME adjacent property owners, specifically;the wall along our North and West property lines ranges in height from 5'to 7', based on differing heights in the wall's initial construction and some property owners' election to add height to their wall of their own accord. As a result, of the 14 single family homes adjacent to our site, only 7 have a block wall that is eligible (by present height) for additional courses of block to be added (per Building Department).These are also the only properties that are considered to have an overlook issue. It is our understanding that block may only be added where Municipal Code and Building Code allow, and only with the approval of the homeowners who own the existing wall improvements and the property upon which the wall is built (it would be a direct violation of Municipal Code to increase the height of any section of this wall beyond 7'). The report should also specify that the addition of block is a voluntary accommodation offered by the owner of the subject property, is NOT a requirement by the City, and that the height addition to the wall can only be carried out in compliance with Municipal Code and Building Code, and with the full cooperation and consent of the homeowners who own the existing wall improvements and the property upon which the wall is built. 2.. CORRECTION: In the third line up from the bottom of this paragraph discussing the block wall/overlook on page 5, it is specified that the wall addition would add "Anywhere from 20-24 inches" of additional height- the estimates I've discussed with Keith Bergthold and Jerry Bishop contemplate "Approximately 18-21 inches" in height (based on two 8" courses, a 2" cap and masonry fill between blocks). I want to be very careful with our estimates here so as not to set up any false expectations for the neighbors. 3. Conditions for approval of plans: Conditions 2-5 pertain to grading and building plans and dedication of easements. All of these plans and easements have been previously approved, built, inspected and accepted. There are no such future plans or easement requirements affiliated with this project or this map; no such plans will be submitted, and these conditions should be noted as such.A note as shown on condition #22, 3128 WILLOW AVENUE, SUITE 101 - CLOVIS, CA 93612 • PH 559-347-6980 • FAx 559-292-3376 Mr.Keith Bergthold Mr.Darrell Unruh March 3,2009 Page 2 "There are no further requirements imposed at this time for the purposes of this tentative map" might be appropriate to clarify that this map does not propose or contemplate any new improvements, and therefore requirements pertaining to new developments do not apply. CORRECTION: I believe there's a typo within condition#20-the last line of the condition discusses CUP No. C-02-034 dated Feb 27,2009" 1 believe it should be Feb 27, 2006. Sanitary Sewer Service: There is discussion on page 7 of the staff report and the attached Department of Public Utilities letter dated December 3, 2008 of specific sewer mains available to serve the project, required improvements and associated fees required prior to providing City sewer service to the project. It should be noted that existing sewer service, all affiliated and required infrastructure has already been approved, constructed, inspected, approved to have met City standards and is presently operational at the subject property location. I understand that these condition letters from various departments often contain "boilerplate" language regarding fees and requirements, but would like to confirm and clarify the verbal response I have received from staff that these fees are only applicable to new development OR subdivision of land, whichever occurs first. Since this property is fully developed, we understand that there are no remaining development or impact fees due for the project. 6. Development Fees & Charges: Likewise to the sewer matter described in comment #5 above, pages 8-10 under the heading "Development Fees and Charges," discuss numerous connection charges and development fess to be paid at building permit, final map or certificate of occupancy milestones. There are NO NEW IMPROVEMENTS OR DEVELOPMENT proposed on this site through TM 5951. All development impact fees and utility connection charges affiliated with the development of this site have been paid in full. Plan check, building permit and certificate of occupancy milestones for this development have all previously occurred and all fees associated with those milestones have been paid. We understand that there are no remaining development or impact fees due for the project. Should you have any questions or require clarification on any of the comments above, please contact me at your earliest opportunity. I appreciate the Department's focus on the processing of this TTM application and look forward to our Planning Commission hearing on this matter. Sincerely, A� V-- Amber Herzog L m n cc: Mr. Will Tackett, Planner III Will Tackett From: Amber Herzog [AmberH@AHDCinc.com] Sent: Tuesday, March 03, 2009 3:29 PM To: Will Tackett Subject: TTM 5951-Water Fee Response from Frank Will- Just spoke with Frank Saburit re: the"Water Supply Fee"noted on page 9 of the report-he confirmed that these fees are only applicable to new development OR subdivision of land, whichever occurs first. Since this property is fully developed,Frank said that his department does not have any remaining fees due for the project. Also, here's a bit more elaboration on my thoughts re: the treatment of the block wall matter that we briefly discussed by phone: At a minimum, The report should also specify that the addition of block is a voluntary accommodation offered by the owner of the subject property, is not a requirement by the City, and that the height addition to the wall can only be carried out in compliance with Municipal Code and Building Code (it would be a direct violation of Municipal Code to increase the height of any section of this wall beyond 7'), and improvements can only be made with the full cooperation and consent of the homeowners who own the existing wall improvements and the property upon which the wall is built. Also, one minor correction that I caught- I believe there's a typo within condition # 20- the last line of the condition discusses CUP No. C-02-034 dated Feb 27, 2009" I believe it should be Feb 27, 2006. 1 appreciate your willingness to clarify these matters in your report at the dais tomorrow evening. See you there! Amber Herzog Lyman nivii0PMF_Nt GROUP 3128 Willow, Suite 101 Clovis, CA 93612 Ph: 559-347-6980 ext.28 Fax: 559-292-3376 amberh A reg_a I dev.com 1 D E P A R T M E N T O F P U B L I C W O R K S TO: Will Tackett, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.8794) Engineering Division DATE: November 13, 2008 SUBJECT: Tract-5951 (TPM 2005-21; C-06-03), APN: 405-503-17 (Located on the north side of West Herndon Avenue between North West and North Marks Avenues) The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Yamabe & Horn, on engineering plans dated October 30, 2008 The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in street right-of-way: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. 2. This project is a conversion of an existing complex to condominiums. All the required landscaping has been installed and meets the Public Works standards. 3. Street tree requirements are waived due to an existing underground FID canal, Bullard #124. City 0f \1iS*�1jmloR Sp1/Q�4�! � Fly DPU DEPARTMENT OF PUBLIC UTILITIES Date: December 3, 2008 k4�ast7�ran s�+� Providing Life's Essential Services To: WILL TACKETT,Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR TENTATIVE TRACT 5951/UGM AND C-06-03 General T-5951-UGM and C-06-03, Condo, located on the north side of West Herndon Avenue between North West and North Marks Avenues. Sanitary Sewer Service The nearest sanitary sewer main to serve the proposed project is a 12-inch main located in North West Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Separate sewer house branches are required for each lot. 2. On-site sanitary sewer facilities shall be private. 3. The project developer should contact Wastewater Management Division/Environmental Services (559) 621-5100 regarding conditions of service for special users. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge. 2. Sewer Oversize Charge. 3. Oversize Sewer Service Area: #10 4. Trunk Sewer Charge: Herndon 5. Sewer Facility Charge �tuor o City of *+ aa�i FRESNOA.I DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION DATE: November 7, 2008 ProvidingLifesEssential Senices TO: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration THROUGH: NEIL MONTGOMERY, Chief Engineering Technician /0511-� Department of Public Utilities, Water Division FROM: MICHAEL CARBAJAL, Supervising Engineering Techniciar�j Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5951 The following conditions are required to provide water service to the tract. 1. The proposed condominium shall be provided water service from the existing onsite public water main and existing water services. TAPROMMEMConditions of Approval15951 110708.doc I City of DEPARTMENT OF PUBLIC UTILITIES December 4, 2008 TO: Will Tackett, Planner III Development Department, Planning Di�viisi/on THROUGH: Robert Weakley, Chief of Operations, / Department of Public Utilities, Solid Waste Division FROM: hris Weibert, Management Analyst II JDepartment of Public Utilities, Administration SUBJECT: TT 5951/UGM, Solid Waste Conditions of Approval Location: North Side of West Herndon Avenue between North West and North Marks Avenues (APN 405-503-17) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5951/UGM that was submitted by Yamabe & Horn Engineering, Inc., on behalf of Westwood Bluffs, LLC. 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: • The tract will be serviced as a Multi-Family residential property with bin service. • One 2-cell enclosure exists and has been constructed to current standards. The developer shall provide signage to clearly identify all recycling or solid waste collection and the materials accepted therein. • Owner shall provide a minimum of 44 cubic yards of solid waste and recycling services per week. • There will be no separate billing for Solid Waste services. The City of Fresno shall be provided with the name and address of a property management company or homeowners association for billing purposes. Conditions of Approval TT595 Ldoc V- E S IRandy R. Bruegman O Fire Chief Bureau of Fire Prevention and Investigative Services 911 H Street Fresno, California 93721-3083 (559) 621-4000 FAX (559) 498-4323 www.fresno.gov DATE: November 13, 2008 TO: Will Tackett, Planner III Planning and Development Department FROM: Rick Fultz, Senior Fire Prevention Inspector Fire Department SUBJECT: Northwest corner of Herndon and Marks, Vesting Tentative Map of Tract 5951 (Condo C-06-03) The Fire Department has completed a review of the Proposed Vesting Tentative Map of Tract 5951 (Condo C-06-03). General Requirements: This project is within 2 miles of Fresno City Fire Station No. 2. Provide a covenant for maintenance of the fire sprinkler systems. "To protect and serve and to put service above all else." File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Arnoldo Rodriguez West Wood Bluffs,LLC Planning& Development Department 7075 North West Ave. City of Fresno Fresno, CA. 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5951 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " AB - " DRAINAGE AREA if AB it $0.00 DATE 1 (l4 1 o g DRAINAGE AREA - - TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 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. 5951.zIs 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to existing on-site drainage facilities. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2_ The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 5951.x1s 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7. 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. Z These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a• State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground 'that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5951..,Is 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8. 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. 9. 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. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Pr ect ngineer: Mitzi M. Molina District Engineer C: Yamabe & Horn Engineering Inc. 1300 E. Shaw Ave. Suite 176 Fresno, CA. 93710 5951 As 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. There is an existing twenty-foot(20')wide storm drain easement along the south property line of the development. No encroachments into the easement shall be permitted including,but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5951 engr\permit\exhibit2\tract\5951(mmm) STATE OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE = �► P. 0. BOX 12616 FRESNO, CA 93778-2616 PHONE (559)488-4199 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 November 17, 2008 �WMV� NOV 21 2008 CITY OF FRESNO 213 1-IGR/CEQA PLANNING ,"'4 DEVELOPMENT DEPT 6-FRE-41-30.45+/- PLANNING DIVISION VTPM TRACT 5951 Mr. Will Tackett City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: Caltrans has reviewed the parcel map on the north side of West Herndon Avenue between North West and North Marks Avenues. We have the following comments: Caltrans has no comment on the parcel map, however, requests to review any future development at this site. If you have any questions, please call me at (559) 488-4199. Sincerely, AMY BARNES Office of Transportation Planning District 06 C: Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Mr. Tony Boren, Council of Fresno County Governments "Caltrans improves mobility across California" w OFFICE OF �ntt �L 411 � �I►. � R�IC� � TELEPHONE(559)233-7161 FAX(559)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 YOUR MOST VALUABLE RESOURCE-WATER November 21, 2008 Mr. Will Tackett NOV 2 5 2008 City of Fresno Planning Division Planningg&Development Dept Planning& Development Department Cf1Y OF FRESNO 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Vesting Tentative Map of Tract No. 5951, APN 405-503-14, NW Herndon & West FID's Bullard No. 124 Pipeline Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the VTTM No. 5951 located at the northwest corner of Herndon and West Avenues. FID does not object to the proposed development with the following comments: 1. FID's Bullard No. 124 pipeline traverses the subject property in an exclusive easement recorded on November 17, 1993 as Document No. 93177748, Official Records of Fresno County, and modified February 7, 1994 as Document No. 94020155, Official Records of Fresno County. 2. FID requires its easements be shown on the map with proper recording information and delineation and that FID be made a party to signing all plans which affect its easements and canal/pipeline facility and also be made a party to signing the final map. 3. In 2004 during review of Vesting Tentative Parcel Map No. 2004-08 FID required that the then applicant be required to replace the existing 48" diameter non-reinforced cast-in- place monolithic concrete pipe (CEP-MCP) due to it being extremely prone to cracking, subsequent leakage and no longer meeting FID standards. After an appeal by the applicant FID researched its records and found that this section of pipeline had not been a problem with leaks and maintenance in the past and the replacement requirement was waived at that time. 4. FID retains its right to excavate in its easement to facilitate any future repairs to the pipeline as provided for in Section I Document No. 93177748 recorded November 17, 1993 referenced above. BOARD OF President JEFFREY G BOSWELL, Vice-President JEFF NEELY DIRECTORS EDDIE NIEDERFRANK,STEVE BALLS.TOM E.STEFFEN,General Manager GARY R.SERRATO November 21,2008 Mr.Will Tackett Page 2 of 2 Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 319 or ishields(a)fresnoirrigation.com. Sincerely, James Shields Engineering Technician II G:Wgencies\City\Tract Map\5951.doc CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5951 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: Westwood Bluffs, LLC 7075 North West Avenue Fresno, CA 93711 PROJECT LOCATION: North side of West Herndon Avenue between North Warren and North West Avenues (APN: 405-503-17) PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5951/UGM proposes a one-lot subdivision of approximately 4.38 acres of R-1/EA/UGM/cz (Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning) zoned property for condominium purposes. The proposed subdivision is consistent with the Medium Density Residential planned land use designations of the 2025 Fresno General Plan and Bullard Community Plan. This project is exempt under Section 15301 (Class 1/Existing Facilities)and Section 15315(Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15301 (Class 1/Existing Facilities)of the CEQA Guidelines exempts from the provisions of CEQA, projects involving negligible or nor expansion of use beyond that existing at the time of the lead agency's determination; including but not limited to, division of existing multiple family or single- family residences into common-interest ownership. Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines exempts from the provisions of CEQA,the division of property in urbanized areas zoned for residential 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 two years, and the parcel does not have an average slope greater than 20 percent. Date: February 13, 2009 Prepared By: Will Tackett, Planner III Submitted by: Darrell Unruh Planning Manager City of Fresno Planning and Development Department (559) 621-8277