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HomeMy WebLinkAboutT-5956 - Conditions of Approval - 4/5/2010 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12995 The Fresno City Planning Commission at its meeting on January 20, 2010, 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. 5956 was filed with the City of Fresno and proposes a one-lot subdivision of the subject property for condominium purposes on approximately1.19 net acres of property located on the southerly corner of the intersection of Amador and Fulton Streets; and, WHEREAS, on July 13, 2009,the Fulton/Lowell Specific Plan Project Review Sub-Committee reviewed the Vesting Tentative Tract Map No. 5956; 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 January 20, 2010; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on January 20,2010,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. 5956 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated July 24, 2009, prepared for Environmental Assessment No. C-09-125. 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,Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment 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. 5956 subject to the Planning and Development Department Conditions of Approval dated January 20, 2010. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Torossian, seconded by Commissioner Dawar. VOTING: Ayes - Caprioglio, Dawar, Holt, Medina, Torossian Noes - None Not Voting - None Absent - Vasquez DATED: January 20, 2010 KEITH BERGTHOLD, Secretary Fresno City Planning Commission Resolution No. 12995 Vesting Tentative Tract Map No. 5956 Filed by FFDA Properties, LLC. Action: Approved City of rn�3:s3.. REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. V111-B COMMISSION MEETING 01/20/10 January 20, 2010 APPPOVEDBY FROM: JERRY D. BISHOP, Assistant Director Planning and Development Departm t o ,,/�, KEITH R. BERGTHOLD, Assistant ECTOR Direq�ra,—°� PRTMENT (R Planning and Development Department A THROUGH: MIKE SANCHEZ, PlanningManag Planning Division BY: WILL TACKETT, Planner Planning Division SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5956 AND RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5956 RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. AFFIRM the finding of an addendum to the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130, which was prepared for Conditional Use Permit Application No. C-09-125 and dated July 24, 2009. 2. APPROVE Vesting Tentative Tract Map No. 5956 subject to compliance with the Conditions of Approval dated January 20, 2010. EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5956 has been filed by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of FFDA Properties, LLC., property owner, and pertains to approximately 1.19 net acres (1.68 gross acres) of property located on the southerly corner of the intersection of Amador and Fulton Streets. Vesting Tentative Tract Map No. 5956 proposes a one-lot condominium "airspace" subdivision on the subject property. The subject property has been approved for development with five three-story buildings, which will comprise an integrated mixed use development (Fulton Village) pursuant to Conditional Use Permit No. C-09-125. The proposed mixed use development consists of approximately 3,185 square feet of commercial space and 61 residential dwelling units. If approved, the one common-lot condominium "airspace" subdivision proposed by Vesting Tentative Tract Map No. 5956 will facilitate individual ownership of respective dwelling units, which will be developed on the subject property; and establish, or provide for, jointly owned areas and facilities on the subject property. It should also 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 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 2 local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium." The subject property is currently zoned under the C-4 (Central Trading) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Commercial Mixed Use Level 2 planned land uses (as defined by the Central Area Community Plan). Vesting Tentative Tract Map No. 5956 may be determined to be consistent with the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan (see consistency findings within the Background/Analysis section of report below). The proposed project is supported by staff and the District 3 Plan Implementation Committee. PROJECT INFORMATION PROJECT Vesting Tentative Tract Map No. 5956 proposes a one-lot "airspace" subdivision of the subject property for condominium purposes. APPLICANT Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of FFDA Properties, LLC. LOCATION Southerly corner of the intersection of Amador and Fulton Streets. (Council District 3, Councilmember Sterling) SITE SIZE Approximately 1.19 net acres (1.68 gross acres) LAND USE Existing - Vacant. Planned - Central Area Commercial Mixed Use Level 2 ZONING Existing - C-4 (Central Trading) zone district Proposed - C-4 (Central Trading) zone district PLAN DESIGNATION The proposed subdivision map, together with its design and AND CONSISTENCY improvements, is consistent with the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Central Area Commercial Mixed Use Level 2 planned land uses. ENVIRONMENTAL Finding of an addendum to the Finding of Conformity to the 2025 FINDING Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130, which was prepared for Conditional Use Permit Application No. C-09-125 and dated July 24, 2009. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 3 PLAN COMMITTEE The Fulton/Lowell Specific Plan Project Review Sub-Committee RECOMMENDATION unanimously recommended approval of the proposed project (Conditional Use Permit No. C-09-125) at its meeting held July 13, 2009. STAFF Recommend that the Planning Commission approve Vesting RECOMMENDATION Tentative Tract Map No. 5956 subject to the Conditions of Approval dated January 20, 2010. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Commercial Mixed Use Level 2 C-4 Commercial/Office Central Area Central Trading District South Commercial Mixed Use Level 2 C-4 Commercial Central Area Central Trading District Commercial Mixed Use Level 2 East Central Trading District Commercial/Office (Central Area) g Commercial Mixed Use Level 2 C-4 West Central Trading District Vacant/ Parking (Central Area) ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Based on the comments received from these agencies and upon the analysis of staff, the proposed project has been determined to be fully within the scope of MEIR No. 10130 as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). In addition, after conducting a review of the adequacy of the MEIR pursuant to PRC Section 21157.6(b) (1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. No new relevant information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Accordingly, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 4 (MEIR No. 10130). The Notice of Intent to Adopt a Finding of Conformity was published on July 24, 2009, commencing a 30 day appeal/comment period which ended on August 22, 2009. Therefore, the City of Fresno has determined that an addendum to Environmental Assessment No. C-09-125 is appropriate given that none of the conditions described in Section 15162 of the California Environmental Quality Act (CEQA) Guidelines calling for preparation of a subsequent environmental assessment have occurred; and, new information added is only for the purposes of providing minor technical changes or additions, in accordance with Section 15164 of the CEQA Guidelines. Based upon the attached environmental assessment, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared an addendum project description to the Finding of Conformity prepared for Environmental Assessment No. C-09-125 for this project. BACKGROUND / ANALYSIS Vesting Tentative Tract Map No. 5956 has been filed by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of FFDA Properties, LLC., property owner, and pertains to approximately 1.19 net acres (1.68 gross acres) of property located on the southerly corner of the intersection of Amador and Fulton Streets. Vesting Tentative Tract Map No. 5956 proposes a one-lot condominium "airspace" subdivision on the subject property. The subject property has been approved for development with five three-story buildings, which will comprise an integrated mixed use development (Fulton Village) pursuant to Conditional Use Permit No. C-09-125. The proposed mixed use development consists of approximately 3,185 square feet of commercial space and 61 residential dwelling units. If approved, the one common-lot condominium "airspace" subdivision proposed by Vesting Tentative Tract Map No. 5956 will facilitate individual ownership of respective dwelling units, which will be developed on the subject property; and establish, or provide for, jointly owned areas and facilities on the subject property. The subject property is currently zoned under the C-4 (Central Trading) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Commercial Mixed Use Level 2 planned land uses (as defined by the Central Area Community Plan). The subject property is currently zoned under the C-4 (Central Trading) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Commercial Mixed Use Level 2 planned land uses (as defined by the Central Area Community Plan). Consistency with the Central Area Commercial Mixed Use Level 2 planned land use designation may be determined based upon the approved development project, or proposed use of the subject property, as well as the existing zoning of the subject property. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 5 According to the Central Area Community Plan, the proposed Commercial Mixed Use (Level 1 and Level 2) designations are refinements of the R-P (Residential and Professional Office), C-P (Administrative and Professional Office), and C-4 (Central Trading) zone districts to promote the mixed use concept in the Central Area. The designations encourage, residential use in conjunction with professional office, commercial, and commercial light manufacturing (Level 2 only) land uses to provide alternative development options within predominately commercial environments. It is perceived that the concept of mixed use creates potential for integrated working/living environments and permit more incentives for the development of properties. The Central Area Commercial Mixed Use Level 2 (C/MX-2) planned land use designation is the more flexible to irriplement the mixed-use concept within the professional office, commercial and residential range of land uses (similar to C-4 Zone District). The purpose of the C/MX-2 designation is to permit a mixed-use concept to enhance the development potentials of the existing environment within the Central Area and permit the most flexible range of development options to attract new developments. The subject property has been approved for development with a mixed use project corriprised of approximately 3,185 square feet of commercial space (divided into four tenant spaces located along the project site's Fulton Street frontage); and, 61 two-bedroom residential dwelling units distributed between all five of the buildings proposed for development on the subject property. The approved project also meets the goals, policies, and implementation actions for mixed use developments identified within the Fulton-Lowell Specific Plan, which promote a healthy socioeconomic balance and full range of housing opportunities to stabilize residential neighborhoods and nonresidential areas through developing and supporting the mixed use concept as identified within the Central Area Community Plan, which allows residential and nonresidential uses together on the same lot, while promoting the most flexible range of development options south of East Divisadero Street to attract new developments. Furthermore, pursuant to Exhibit No. 8 (Central Area Land Use Association Matrix) of the Central Area Community Plan, the existing C-4 (Central Trading) zone district is consistent with the Central Area Commercial Mixed Use Level 2 planned land use designation for the subject property. Therefore, Vesting Tentative Tract Map No. 5956 may be determined to be consistent with the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan. It should also 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 mariner 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." Circulation Element Plan Policies and Major Street System Traffic Capacity Vehicular access to the subject property is provided from a single drive approach proposed on Amador Street in accordance with the mixed use development project approved by Conditional Use Permit No. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 6 C-09-125 (approved October 28, 2009). The 2025 Fresno General Plan Circulation Element designates Amador and Fulton Streets as local streets. Appropriate right-of-way dedications have been made along the entirety of the subject property's frontage; a portion of Amador Street will be vacated for utilization by the proposed development. All off-site improvements, for and along adjacent public streets, will be installed in accordance with City of Fresno requirements. The Public Works Department Transportation Planning Section has reviewed Vesting Tentative Tract Map No. 5956 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 conditioned as mitigation respective to the proposed planned development on the subject property. 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 public sanitary sewer system will be sufficient to serve the proposed project subject to branch extensions. Although currently the subject of appeal, water requirements for the development of the subject property require the construction of a water supply well site (including wellhead treatment); demonstration and documentation of water demand, and potentially conservation design characteristics and efficiencies, through a water demand analysis to be approved by the Director of Public Utilities; installation of booster pump facilities within the project for domestic and fire water uses within multiple story buildings; and, the provision of two independent sources of water meeting Federal and State Drinking Water Act Standards. The City of Fresno Fire Department has conditioned the approved project with requirements for a detailed maintenance agreement for the required fire sprinkler system, fire pump (including weekly runs of the pump) and the fire alarm system. Maintenance agreements are subject to approval by the Planning and Development Department, The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service is available to the subject property provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely directed to Amador, Fulton and San Joaquin streets and conveyed to the existing Master Plan Inlets. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the proposed development project (Conditional Use Permit Application No. C-09-125) associated with Vesting Tentative Tract Map No. 5956. Within its memorandum dated June 17, 2009, Caltrans indicates that trips from the proposed development will impact the State Route (SR) 99 interchanges at Fresno and Stanislaus Streets. The letter asserts that the project should pay a state facility impact fee and that the project's proportional fair share to mitigate for project-related impacts to the State Highway System has been calculated based upon the "City Formula" attached to the "Interim Agreement for the Identification of Measures to Mitigate Impacts to the State Highway System Resulting REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 7 from City Approved Projects." Caltrans has recommended that the proposed development contribute its total proportional fair share of $2,830.00 to mitigate for impacts to these facilities. The City of Fresno has entered into an interim agreement with Caltrans, as of February 23, 2006, for the identification of measures to mitigate impacts to the state highway system and to impose a mitigation fee as contemplated by the agreement. A project condition has been identified consistent with the interim agreement. 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, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the site for Central Area Commercial Mixed Use Level 2 planned land uses (please see consistency findings within Background/Analysis section of report above). 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 improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the proposed one-lot subdivision pertains to "airspace" for the purposes of a condominium project for an approved 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. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5956 January 20, 2010 Page 8 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 The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan, Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment 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. 5956 is appropriate for the project site. Attachments: Vicinity Map Public Notice Mailing Vicinity Map Aerial Photograph of Site Planned Land Use Map Exhibit "A" of Conditional Use Permit Application No. C-09-125 Vesting Tentative Tract Map No. 5956 dated November 17, 2009 Conditions of Approval for Vesting Tentative Tract Map No. 5956 dated January 20, 2010, including memoranda from responsible or commenting agencies. Addendum to the Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130, prepared for Conditional Use Permit Application No. C-09-125 and dated July 24, 2009 E = I w LT_ I > UJ < 0 �4 cr w C7� F77 i 0 1<1 DIVISADERO ST m 1 —7— lu 01 C-P 0 C4 Z C C-4 SPLIT C-4 C-4 C-4 11C-4 C-AdC-4," -4 C-4. P4 M-1 C-4 C-4 -4 C.-M 0_1 C4 C-4," M-1 -4 C M-1C-4 04 �\> M-1 C-4 LEGEND Subject Property VICINITY NIAP PLANNING & DEVELOPMENT N DEPARTMENT CONDITIONAL USE PERMIT NO. 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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. 5956 dated November 17, 2009, 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 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 Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 2 of 9 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: 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; Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 3 of 9 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. Approval of Vesting Tentative Tract Map No. 5956 is contingent upon approval of Conditional Use Permit Application No. C-09-125; authorizing the planned development of the subject property. a) Conditional Use Permit Application No. C-09-125 shall be approved prior to recordation of the Final Map. b) As the development of the subject property, pursuant to Conditional Use Permit Application No. C-09-125, will require utilization of exceptions to property development standards, which are provided exclusively under the City of Fresno Mixed Use Ordinance (Section 12-325 of the FMC), the mix of uses authorized by Conditional Use Permit Application No. C-09-125 shall be retained unless otherwise reviewed and approved by the City of Fresno Planning and Development Department through a formal revised or amended entitlement application. 14. Condominium units on the subject property are required to be owner-occupied except as may be permitted by the California Civil Code. 15. Pursuant to Article 9 of Chapter 12, Condominium Conversions, of the Fresno Municipal Code, a Condominium Conversion Project is defined as, an occupied multiple dwelling development in which existing dwellings are converted to a condominium project, a community apartment project, a stock cooperative, or a planned development. a) In the instance that existing multiple dwelling residential apartment units developed on the subject property are occupied, the owner/subdivider shall file an application for a tentative tract map for a condominium conversion project to the City of Fresno for review and approval unless appropriate noticing has been provided to prospective tenants in compliance with the rules and regulations of the State Subdivision Map Act. i) The information specified within Section 12-904 of the Fresno Municipal Code, in addition to the requirements of Article 10 of Chapter 12 of the Fresno Municipal Code, shall be required as a prerequisite to filing an application for a tentative tract map for a condominium conversion project. • NOTE: The State Subdivision Map Act provides general and specific regulations and procedures that local governments and the applicant must follow in the review of condominium conversion projects. The applicant Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 4 of 9 should become familiar with Sections 66427.1, 66452.8 and 66452.9 of the State Subdivision Map Act, as these sections contain very important requirements relating to the required notices to be given to the tenants by the applicant. 16. 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 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 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. Lot Area and Dimensions 17. The single "common" lot proposed by Vesting Tentative Tract Map No. 5956 is consistent with the existing C-4 (Central Trading) zone district subject to approval of a special permit for a planned development project. a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 5956 dated November 17, 2009. Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 5 of 9 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-09-125 dated October 28, 2009; incorporated herein by reference. Landscaping and Open Space 19. Landscaping on the subject property shall be provided and maintained in accordance with the conditions of approval for Conditional Use Permit No. C-09-125, dated October 28, 2009; incorporated herein by reference. Fences, Hedges &Walls 20. Fences, Hedges & Walls on the subject property shall be maintained in accordance with the conditions of approval for Conditional Use Permit No. C-09-125, dated October 28, 2009; incorporated herein by reference. Off-Street Parking & Access 21. Access, circulation, and parking on the subject property shall be provided and maintained in accordance with the conditions of approval for Conditional Use Permit No. C-09-125 dated October 28, 2009; incorporated herein by reference. STREETS AND RIGHTS-OF-WAY 22. Comply with all of the requirements of the attached Public Works Department, Traffic Engineering Division memorandum dated December 22, 2009; except as may be modified by the Director of Public Works. Street Tree Requirements 23. Comply with all of the requirements of the attached Department of Public Works memorandum from the Parks Supervisor dated December 11, 2009. Right-Of-Way Acquisition 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 Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 6 of 9 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. Maintenance Obligations 28. Comply with all of the requirements of the attached memorandum from the Public Works Department, Senior Engineering Technician, dated January 12, 2010. SANITARY SEWER SERVICE The nearest sanitary sewer main serving the proposed project is an 8-inch main located in the alley between Broadway and Fulton Street. The following sewer improvements shall be required prior to providing City sewer service to the project: 29. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated December 23, 2009. SANITARY SEWER FEES 30. The following Sewer Connection Charges are due and shall be paid for the Project: a) Sewer Lateral Charge b) Sewer Oversize Charge c) Sewer Facility Charge (Non-Residential & Residential) i) Upon connection of this project to the City Sewer System the owner shall be subject to payment of Sewer Facility Charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. • NOTE: Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities/Wastewater- Environmental Control at (559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates (flow) and loading (BOD/TSS levels) required for calculating the estimated charges. Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 7 of 9 WATER SERVICE The following conditions are required to provide water service to the tract:_ 31. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated November 06, 2009; except, as may be modified by the Director of Public Utilities. FIRE SERVICE 32. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated December 16, 2009. FLOOD CONTROL AND DRAINAGE 33. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated January 12, 2010. UNITED STATES POSTAL SERVICE 34. Comply with all of the requirements of the attached United States Postal Service memorandum dated December 29, 2009. FRESNO AREA EXPRESS (FAX) 35. Comply with all of the requirements of the attached memorandum from the Fresno Area Express, transit planner, dated August 07, 2009. CITY OF FRESNO REDEVELOPMENT AGENCY 36. Attached for the owner/subdivider's records and information is the memorandum from the City of Fresno Redevelopment Agency (respective to Conditional use Permit Application No. C-09-125) dated June 18, 2009. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) 37. Attached for the owner/subdivider's records and information is the memorandum from the San Joaquin Valley Air Pollution Control District dated January 07, 2010. a) Compliance with the SJVAPCD rules and regulations must be demonstrated/implemented at the time of, or prior to, development of the subject property, in accordance with the Conditions of Approval for Conditional Use Permit No. C-09-125, dated October 28, 2009. Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 8 of 9 DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: Fresno Metropolitan Flood Control District FEE / RATE a. Metropolitan Flood Control District Fee $10, 763.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge N/A Service Area: e. Wastewater Facilities Charge S.T.E.P. ** f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. 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 h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Fee [2] N/A Service Area: I. Well Head Treatment Fee [2] N/A Service Area: m. Recharge Fee [2] N/A Service Area: n. 1994 Bond Debt Service ['I] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES o. Fire Facilities Impact Fee— Citywide [4] Residential, Multi Family $439.00/living unit Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 9 of 9 Commercial $236.00/1000 sq. ft. t p. Park Facility Impact Fee— Citywide [4] $2764.00/living unit q. *Quimby Parkland Dedication Fee [2] N/A r. Citywide Regional Street Fee [3] $13,846.00/adj. acre s. New Growth Area Major Street Fee [3] N/A t. Police Facilities Impact Fee — Citywide [4] Residential, Multi Family $508.00/living unit Commercial $665.00/1000 sq. ft. t u. Traffic Signal Charge [1] Residential, Multi Family $316.65/living unit Commercial $47.12/ADT,t v. Regional Traffic Mitigation Fee [3] Residential $843.00/living unit Commercial Office $0.85/sq. ft. t 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. * 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. **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. 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. Average Daily Trips to be determined by Traffic Engineering. City of DATE: December 22, 2009 TO: Will Tackett, Planner III Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: Public Works Conditions of Approval TT 5956, (Fulton and Amador) Comply with conditions of C-09-125 FFDA Properties, LLC/ Gary Giannetta 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: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Overhead Utilities: 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. 3. If not existing, street work on major streets shall be designed to include Intelligent Transportation Systems (ITS) in accordance with the Public Works ITS Specifications. 4. Design local streets with a minimum of 250' radius. Identify and provide cross sections on the map. 5. Plan Submittal: 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. 6. Street widening and transitions shall also include utility relocations and necessary dedications. 7. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code (FMC) 11-209. 8. Street alignment and striping shall be designed and constructed as per approved Street and Striping Construction Plans and Public Works Department City and Traffic Engineer. Page 1 of 3 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5956 Fulton&Amador.doc Frontage Improvement Requirements: Local Streets: Fulton Street: Local Collector 1. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 12' commercial pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement is required. Identify on the map. Construct 5'x5' tree wells per Public Works Standard P-8. Tree wells fronting parking stalls shall be designed and constructed to accommodate a minimum 3' overhang (nothing over 6" within this area). Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 2. Construct an 80' bus bay curb and gutter at the southeast corner of Fulton and Amador to Public Works Standard P-73 and FAX requirements, complete with a 10' minimum monolithic sidewalk. 3. Construct permanent paving as per approved Street Construction Plans within the limits of this application. 4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 5. Remove existing improvements and install required improvements to new street alignment and grade as per approved Street Construction Plans. Amador Street: Local 1. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct 4' x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 2. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 3. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 4. The proposed corner bump-out at Amador and Fulton shall be constructed with curb, gutter and sidewalk as per Public Works Standard P-5 and as per approved Street Construction Plans. Curb ramps at crossings shall be constructed as per City of Fresno, State and Federal Requirements and Standards. "Detectable Warning Devices" are required as per Public Works Standards P-86 and P-87. 5. Construct a driveway approach, with 15' minimum aisle widths between curbs, to Public Works Standard(s) P-2 and P-4. Reference C-09-125 6. Remove existing improvements and install required improvements to new street alignment and grade. Alley: 1. Construct a concrete alley approach and alley paving as per Public Works Standards P-12 & P-13 and approved Street Construction Plans by the City Engineer. Page 2of3 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5956 Fulton&Amador.doc Specific Mitigation Requirements: This tract will generate 38 a.m./55 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 1. The first order of work shall include a minimum of two points of vehicular access to the major streets for pny phase of this development. 2. A vacation of street right of way is required. A feasibility study for the required vacation of the existing public rights of way is required to be completed prior to the approval of the tentative map. See Alan James comments. a. Submit an application to Public Works to initiate a feasibility study for the proposed vacations. (Contact James Polsgrove at 621-8692 for details) b. A 16'-26' vacation along the Amador frontage is required to establish the proposed configuration. Traffic Siqnal Mitigation Impact (TSMI) Fee: This project shall pay the current 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 for condominium units (fee rate as shown in the Master Fee Schedule). This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this fee they should work with the Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. Fresno Malor Street Impact (FMSI) Fee : This Map is in the Infill Area; therefore pay all applicable City-wide regional street impact fees. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. The Caltrans letter is included and the following fees are required to be paid to mitigate fair share impacts to the identified state transportation facilities. Please contact Caltrans District 6 staff regarding the fair share calculations. Interchange: SR 99/ Fresno northbound off-ramp = $782.00 SR 99/ Stanislaus northbound on-ramp = $2,048.00 Page 3 of 3 TATRAFFIC ENG INEER ING\Traffic Planning\Tract Maps\T-5956 Fulton&Amador.doc 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)488-4347 Flexyourpower! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 June 17,2009 2131-IGR/CEQA 6-FRE-180-57.1+/- FULTON VILLAGE C-09-125 Mr. Donn Beedle City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr.Beedle: Caltrans has reviewed the use permit for the proposed Fulton Village project to be located near the intersection of Fulton and Amador Streets. Caltrans has the following comments: The project proposes to develop 68 residential units and 3,450 square feet of retail space. The project will generate less than the 100 peak-hour trips that the City uses as a threshold for requiring a traffic analysis. We have therefore used the Traffic Impact Study(TIS)prepared for the nearby project"Fulton Mixed-Use,"adjusting the mitigation for the smaller size of this project. We have used the"City Formula" and eliminated the mitigation to the State Route(SR) 99/Stanislaus southbound off-ramp as this ramp is now in the City's Traffic Signal Mitigation Impact fee program. Making these adjustments results in a mitigation amount of$782 to the SR 99/Fresno Street northbound off-ramp and $2.048 for the SR 99/Stanislaus northbound on-ramp, for a total of$2,830. If you have any questions,please call me at(559)488-4347. Sincerely, JOANNE STRIEBICH Office of Transportation Planning District 6 C: Mr. Scott Mozier, City of Fresno Public Works Mr. Bryan Jones, City of Fresno Public Works Mr. Tony Boren, Council of Fresno County Governments "Caltrans improves mobility across California" 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: December 11, 2009 SUBJECT: Tract 5956 (APN: 466-192-01 & 16) (previously C-09-125) located on the southerly corner of the intersection of Amador and Fulton Streets. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary Gianetta., on engineering plans dated November 16, 2009 . The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the 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. Street trees shall be planted at the minimum rate of one tree per 24' of lineal street frontage by the Developer. The curb requirements for both Fulton and Amador Streets is a 10' commercial pattern. Therefore, street trees in 4'x 6'tree wells are required. 2. There are approximately 150 lineal feet of street frontage along Amador St. Resulting in the requirement of six (6) street trees. The designated street tree for Amador St. Is: Platanus acerifolia `Columbia' Columbia Sycamore 3. There are approximately 325 lineal feet of street frontage on Fulton St. Resulting in the requirement of fourteen (14) street trees. The designated street tree for Fulton St. Is: Podocarpus graci;ioi/, P Fern Podocarpus W 4. The developer is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and AB 1881 Chapter 559, Article 10.8, Section 65598 of the Model Water Efficient Landscape Ordinance. 5. This project proposes an integrated mixed use development (Fulton Village) with a three story condominium portion with 61 residential units and commercial space. Therefore, the street trees are eligible for inclusion into the Community Facilities District#9. 6. Please provide an appropriate landscape and irrigation plan at the scale of V=20' for this project for Public Works to review. The proposed landscape plan under C-09-125 did not meet the Public Works requirements. Please resubmit. "Ay 01 rn=_-� %4# PUBLIC WORKS DEPARTMENT DATE: January 12, 2010 T"O: WILL TACKETT, Planner III Planning and Development Department ROM: JOE PAFF, Senior Engineering Teogician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT NO. 5956 RELATING TO COMMUNITY FACILITIES MAINTENANCE DISTRICT 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. • Maintenance of all Curbs and Gutters, Sidewalks, Valley Gutters and Street Furniture within the Amador and Fulton Street rights-of-way adjacent to the tentative map. • Maintenance and Service of all Street lights within the Amador and Fulton Street rights-of-way adjacent to the tentative map. • Maintenance and Service of all Street Trees within the Amador and Fulton Street rights-of-way adjacent to the tentative map. 2. These improvements may be maintained by a City Community Facilities Maintenance District designed for maintaining features of Commercial, Industrial and/or Multi-Family property. The process for placing the property into the District begins with the steps outlined in the Formation/Annexation Request Form attached. 3, Should the City Council or developer/property owner choose not to include the maintenance of the items listed in section 1 above in a CFD, the developer/property owner shall provide for the maintenance of all of the above items in a manner approved by the City of Fresno City Engineer. If you have any questions, please call me at 621-8695 f � IMICA City of k>' DPU X DEPARTMENT OF PUBLIC UTILITIES rt Prowding LNe's Essential Servkes Date: December 23, 2009 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 VESTING TENTATIVE TRACT 5956 General T-5956 has been filed by Gary G. Giannetta Civil Engineering& Land Surveying on behalf of FFDA Properties, LLC, and pertains to approximately 1.19 net acres, 1.68 gross acres, of property located on the southerly corner of the intersection of Amador and Fulton Streets, 1735 Fulton Street, APN 466- 192-01, 16. T-5956 proposes a one-lot condominium Sanitary Sewer Service The nearest sanitary sewer main to serve the proposed project is an 8-inch main located in the alley- way between Broadway &Fulton Street. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Abandon any existing on-site private septic systems. 2. Separate sewer house branches are required for each lot. 3. The project developer should contact wastewater Management Division/Environmental Services (5 59) 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. Sewer Facility Charge (Non-Residential &Residential) 4. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 5. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered(water or sewer effluent)usage. The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at(559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project(based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges. City of � ��sir, sAta FRESH'.) DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION DPU xi DATE: November 6, 2009 Providing tife'sfuentialServires TO: BRUCE A. RUDD, Assistant City Manager City Manager's Office KEITH BERGTHOLD, Interim Director Planning and Development Department, Administration FROM: LON MARTIN, Assistant Director L.1-1,, Department of Public Utilities, Administration SUBJECT: SECOND REVISION WATER REQUIREMENTS FOR CONDITIONAL USE PERMIT NO. C-09-125—FULTON LOFTS Summary of Revised Conditions: 1. The existing water distribution system(s) serving the project was not designed to serve the increase in densification proposed and is inadequate to provide necessary fire flows to support the proposed development. The development shall construct a 10-inch water main (including installation of City fire hydrants) within Amador Street from the Broadway Street/Fulton Street Alley to the Fulton Street/Van Ness Street Alley. Sixty-eight percent (68%) of the cost for construction of the water main (including fire hydrants) shall be reimbursed through progress payments under a separate reimbursement agreement setting forth the scope for the construction of the water main (including fire hydrants), to be approved by the Fresno City Council. Included in the agreement will be the provision for progress reimbursement payments to be made within 30 days of an approved invoice. 2. Construct a water supply well site (including wellhead treatment)to replace existing City of Fresno Well 1A. All design, permitting and construction costs associated with the construction the well site will be 100% reimbursable from the Water Enterprise Fund. A separate cost reimbursement agreement (may be included with Condition No. 1) approved by Fresno City Council will include provisions allowing for progress reimbursement payments to be made within 30 days of an approved invoice. 3. The existing land use for the project site identified in the 2025 General Plan has a water allocation of up to 1.9 of/ac/yr. The developer shall provide a water demand analysis showing the projects water demand is 1.9 of/ac/yr or less. If greater, the developer shall provide detailed water usage analysis identifying, for example, water fixture, landscape and laundry efficiencies documenting water conservation design characteristics, subject to approval by the Director of Public Utilities. 4. The Project shall incorporate water use efficiency for landscaping including the use of artificial turf and native plant materials, reducing turf areas, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for these decorative and recreational water features, as appropriate and sanitary. CUP NO. C-09-125 November 6, 2009 Page 2 5. Thirty (30) days prior to the last occupancy for the project, the applicant/developer shall obtain written confirmation signed by the Director of Public Utilities verifying the replacement well site for existing City Well 1A is constructed and operational. 6. Installation of booster pump facilities within the project for domestic and fire water uses within multiple story buildings. 7. Separate water services with meters shall be provided to each lot created. 8. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 9. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 10. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. Background: On July 27, 2009, the Department of Public Utilities (DPU) delivered Conditions of Approval for C-09-125. Based on requests and follow-up analysis several of the conditions are being modified. The original Condition No. 1 submitted on July 27, 2009, is as follows: 1. This existing water distribution system serving the project was constructed to standards that are inadequate to provide necessary fire flows to support the proposed development. The development shall construct a 12-inch water main (including installation of City fire hydrants) in the following alignments: a. San Joaquin Street from the Broadway Street/Fulton Street Alley to the Fulton Street/Van Ness Avenue Alley. b. Fulton Street from San Joaquin Street to Amador Street. C. Amador Street from the Broadway Street/Fulton Street Alley to Fulton Street. After consulting with the Fire Department it was determined that the existing fire hydrant spacing is adequate, therefore, water main construction requirements 1a and 1b have been eliminated. However, on August 14, 2009, the Fire Department and the DPU conducted several fire flow tests on Fire hydrants on Calaveras and Amador Streets. Only the hydrants near the development on Amador would be used to fight a fire on this property. However, the hydrant on Calaveras and Fulton Streets was tested to evaluate flow from a network of 12 and 10-inch water mains. For perspective purposes the hydrant on Calaveras Street supplied by 12-inch and 10-inch water mains flow tested at 2,153 gpm. The maximum flow generated from the hydrant at Amador Street and the Fulton Street alley, which would provide fire protection to this CUP NO. C-09-125 November 6, 2009 Page 3 development, was 1,920 gpm, lower than the minimum fire flow requirements of 2,500 gpm, This hydrant is supplied by three 6-inch and one 10-inch water mains. As an additional check West Yost and Associates conducted a fire flow analysis using the Central Area water model. The results verified the field fire flow tests and indicate that the hydrants east and west of the Fulton Lofts in Amador Street will not provide the minimum 2,500 gpm unless the existing 6-inch water main is removed and replaced with at least a 10-inch water main. Therefore, the DPU conducted a financial analysis using recent project bids to identify the difference in cost for the installation of an 8-inch water main verses a 10-inch water main. The average of the three lowest bids was used to determine that the DPU could justify financial participation up to 68% of the construction of the 10-inch water main. The DPU has modified Condition No.1 as described below. 1. These existing water distribution systems serving the project were not designed to serve the increase in densification proposed and is inadequate to provide necessary fire flows to support the proposed development. The development shall construct a 10-inch water main (including installation of City fire hydrants)within Amador Street from the Broadway Street/Fulton Street Alley to the Fulton StreetNan Ness Street Alley. Sixty-eight percent (68%) of the cost for construction of the water main (including fire hydrants) shall be reimbursed through progress payments under a separate reimbursement agreement setting forth the scope for the construction of the water main (including fire hydrants), to be approved by the Fresno City Council. Included in the agreement will be the provision for progress reimbursement payments to be made within 30 days of an approved invoice. The original Condition No. 2 submitted on July 27, 2009, is as follows: 2. Construct a water supply well site (including wellhead treatment) to replace existing City Well 1A. The cost of constructing the well site will be reimbursable from the Water Enterprise Fund. The result of a meeting conducted on August 11, 2009, the developer requested clarification, quantifying the amount of the reimbursement for the work associated with the construction of replacement Well 1A. Therefore the DPU has modified the Condition No. 2 as follows: 2. Construct a water supply well site (including wellhead treatment)to replace existing City of Fresno Well 1A. All design, permitting and construction costs associated with the construction the well site will be 100% reimbursable from the Water Enterprise Fund. A separate cost reimbursement agreement (may be included with Condition No. 1) approved by Fresno City Council will include provisions allowing for progress reimbursement payments to be made within 30 days of an approved invoice. The original Condition No. 3 submitted on July 27, 2009, is as follows: 3. The existing land use for the project site identified in the 2025 General Plan has a water allocation of up to 1.9 of/ac/yr. The developer shall provide a water demand analysis showing that the project does not exceed 1.9 of/ac/yr. If the project exceeds the water allocation for the adopted land use, the proposed development will be required to provide an offset or mitigate the water demand in a manner acceptable to the Department of Public Utilities. CUP NO. C-09-125 November 6, 2009 Page 4 Condition No. 3 was revised based on an analysis conducted by the DPU evaluating the water demands and concerns by the City that this project could not adhere to this requirement. Based on a similar project in the area, specifically Vagabond Lofts, the average water consumption in 2007 and 2008 the average water demand was 5.4 of/ac/yr. Based on a cursory review of the Vagabond Lofts the fixtures and landscape design incorporates principals necessary for efficient water usage. However, the MSIR requires that new development offset their demand when it consumes more than the allocation according to the Urban Water Management Plan (UWMP). The DPU calculates that Fulton Lofts will consume water at a rate of 9.8 of/ac/yr, a demand significantly greater than the allocation according to the UWMP. The City opines that enforcing this requirement would compromise the validity of the development. Therefore, the DPU revised the Condition to not require the offset. According to the General Plan, Commercial zoning is allowed to integrate mixed use, which bundles the lowest water demand land use with the highest water demand land use. By not differentiating these land use characteristics, accurate water allocations will be impossible to develop. This situation proves that the land use allowed by the General Plan does not provide for sustained growth relative the water supply available to the City. Therefore, Condition No. 3 has been modified as shown below: 3. The existing land use for the project site identified in the 2025 General Plan has a water allocation of up to 1.9 of/ac/yr. The developer shall provide a water demand analysis showing the projects water demand is 1.9 of/ac/yr or less. If greater, the developer shall provide detailed water usage analysis identifying, for example, water fixture, landscape and laundry efficiencies documenting water conservation design characteristics, subject to approval by the Director of Public Utilities. The original Condition No. 4 submitted on July 27, 2009, remains unchanged: 4. The Project shall incorporate water use efficiency for landscaping including the use of artificial turf and native plant materials, reducing turf areas, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for these decorative and recreational water features, as appropriate and sanitary. The original Condition No. 5 submitted on July 27, 2009: 5. Thirty (30) days prior to applying for a building permit for the construction of this project, the applicant/developer shall obtain written confirmation signed by the Director of Public Utilities verifying the replacement well site for existing City Well 1A is constructed and operational. At a meeting with the Developer on November 5, 2009, the developer requested elimination of this requirement. Upon further discussion it was agreed that the condition could be modified and has been revised as mutually agreed: 5. Thirty (30) days prior to the last occupancy for the project, the applicant/developer shall obtain written confirmation signed by the Director of Public Utilities verifying the replacement well site for existing City Well 1A is constructed and operational. CUP NO. C-09-125 November 6, 2009 Page 5 The original Conditions Nos. 6-10 submitted on July 27, 2009, remain unchanged: 6. Installation of booster pump facilities within the project for domestic and fire water uses within multiple story buildings. 7. Separate water services with meters shall be provided to each lot created. 8. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 9. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 10. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. This concludes Water Division's revised conditions dated November 6, 2009. c: Martin Querin,Water Systems Manager VL E ' A" Randy R. Bruegman Fire Chief Bureau of Fire Prevention and Investigative Services 911 H Street Fresno, California 93721-3083 F I RIO (559) 621- 4000 FAX (559) 498-4323 www.fresno.gov DATE: December 16, 2009 TO: Will Tackett, Planner III Planning and Development Department FROM: Rick Fultz, Senior Fire Prevention Inspector Fire Department SUBJECT: Tentative Tract No. 5956 The Fire Department has completed a review of the Tentative Tract Map 5956. The following requirements and conditions are to be placed on this tentative tract map as a condition of approval by the Fire Department. General Requirements: Include a detailed maintenance agreement for the fire sprinkler system, fire pump (including weekly runs of the pump) and the fire alarm system in the Covenants Conditions and Restrictions for the site to be subject to Planning Department approval. "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 A Kevin Fabino FFDA PROPERTIES,L.L.C. Planning&Development Department 1396 W.HERNDON AVE.,SUITE 101 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5956 PRELIMINARY FEE(S) (See below) DRAINAG AREA(S) " FF " " - " DRAINAGE AREA " FF " $10,763.00 DATE 1Z/J0 DRAINAGE AREA - it _ TOTAL FEE $10,763.00 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 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. 5956 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 fl 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 Amador,Fulton and San Joaquin Streets. 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 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 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.) 5956 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 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 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. 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. 5956 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. k4a�'n__ — ?do'4� Gerald E. Lakeman, Project Engineer: ick yon District Engineer C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5956 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 No surface run-off shall be directed towards the alley. The minimum finish floor elevation shall be 286.16 (U.S.G.S. Datum). The developer and the City of Fresno shall be responsible for verifying that the finish floor is placed at or above this elevation. The District requires that as a condition of the proposed street improvements in Fulton Street for this project, Tract 5956, storm water conveyance remain as designed with storm water drainage flowing southeasterly down Fulton Street across the project frontage to San Joaquin Street. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in 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. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contract the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. Tract 5956 engr\permit\exhibits2\tract\5956(rl) GROWTH COOKMATOR UNITED STATES POSTAL SERVICE UNITED ST13TES POSTAL SERVICE DECEMBF-R 29, 2009 To the City of Fresno —Planning and Development Department: It Is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map(with address detail) to the local USPS representative.The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. Sincerely, Cathy S. Giller New Growth Coordinator 755 E NEfs AVE Faz:Srgo CA 93720.2146 5511-4424267 Fix- 559440-4287 r MODE OF DELIVERY AGREEMENT - NEW CONSTRUCTION United States Postal Service - Sacramento District Project Information Name of Project: ZIP CODE. Estimated# Route T e/Number L Catton: Deliveries: Type/Number Unit/Office: City:- Rural# Contract# To Be DeAerrmned Estimated Delivery Date(Month and Year) USPS Contact Information Contact Made Bv: Date: Telephone#: Builder/Developer Contact Information Name: Title: Phone: Firm: Address: Equipment Information TYPE OF PROJECT TYPE& QUANTITY OF EQUIPMENT chock Centralised Non-Centralizm�i type .h_�,r,cries Floors QTY Equipment 'FY Equtpmen: Office Bldg. CBU Type 1 8 Curbside 21oos' Shoppin /Sthp'.'all CBU Type II 12) Curbside 31 st A t. 1 Condo CBU Type III 16 Curbside 41post Townhomes CBU Type IV 13 Other(Specify) ttlndular Home; Wallmount Std4C Sin ie Fami'. Parcel Lockers Other(Specs`; Purchase/Installation Responsibility �^�J0— Developer U.S.P.S. Other: See Comments Issue Key Responsibility ��Ovv, Developer U.S.P.S. Other. See Comments Comments: See attached maps for designated locations. )lauiidtr/DE:velopur/Prop;�:iy Jwnk3r understands that he/she must comply with USPS Cement Pad Specification: Copy pr(:.-: u This Agreement will document that the builder/developer will purchase and install the •i ntrafired dehv�rr✓equipment as indicated above at the spec.-;tied locat;:ins. Locations must be clearly designated on plait maps provided by the builder 1 or developer. Any r.!ianues roust be approved jointly by both undersigned individuals. USPS REPRESENTATIVE: PROPERTY OWNER/DEVELOPER/MANAGER: Name: Ca'hy Gilles *Name: Title. Growth Coordinator *Title: Si nature: Date: *Signature: Date: Telephone#- 559-440-4167 *Telephone#: w FAX #: 559-440-4286 *FAX#: a DISTRICT APPROVAL DA7r MODE OF DELIVERY AGREEMENT.xls9/23/2009 Donn Beedle From: Christopher Preciado Sent: Friday, August 07, 2009 12:09 PM To: Donn Beedle; Franklin Spees Subject: Fulton Village - Fulton and Amador Donn, FAX COMMENTS: 1. Provide 80' (from return)of reinforced curb and gutter, SWC of Fulton and Amador, per PW std. P-73. 2. Provide 6" thick x 10'x 40' long concrete pedestrian pad for transit/passenger amenities, per PW std. P-88. 3. Provide constant electrical source/stub out per PW std. P-88 and E-35. In lieu of providing FAX Planning Division with revised drawings, add the above three items and the following, as keynotes, to the site plan, "Contact FAX Equipment Supervisor, Arnold Napoles at 559-621-1450, or FAX Transit Planner, 559-621-1463,for field verification of pedestrian pad and stub-out locations prior to pouring concrete." Regards, Christopher Preciado Transit Planner II City of Fresno Fresno Area Express 559-621-1463 Christopher.Preciado@fresno.gov 1 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO 2344 Tulare Street, Suite 200, Fresno, CA 93721 • (559) 621-7600 Application No.: C-09-125 (Donn Beedle) Date: 6-18-09 Assessor Parcel No.: 466-192-01 & 16 Reviewer: Richard Yee, Site address: 1759 Fulton Street Planner III / Redevelopment Area: Fulton Senior Project Coordinator Telephone: 621-7614 Agency Staff Recommendation: APPROVE PROJECT WITH THE FOLLOWING CONDITIONS: 1. The project site identified in Application No. C-09-125 is located in the Fulton Redevelopment Project Area and is subject to all requirements of the adopted Redevelopment Plan. 2. The Redevelopment Agency supports Conditional Use Permit Application No. C-09-125 for proposed construction of a 55,365 square feet three story mixed use building integrating 3,450 square feet of retail commercial with 68 one and two bedroom residential units (51,915 square feet), on 1.12 acres (southwest corner of Amador and Fulton Streets), provided that the development is in conformance with all requirements of the Redevelopment Plan and the C-4 (Central Trading) zone district and Section 12-304 (including subsequent applicable Sections) of the Fresno Zoning Ordinance. 3. Specifically, the project shall be in conformance with City Municipal Code Section 12-306-N- 51. (Residential/Commercial Mixed Use Project); and a requirement that the balconies shall not be utilized for outdoor storage or be enclosed in a manner inconsistent with the building elevations approved in this entitlement application. 4. Due to a lack of amenities for the residential uses proposed in this mixed use development, specific residential amenities such as (usable) common open space and recreation areas, shall be designed and provided for the use of the residents in the building to ensure a compatible and identifiable (residential) living environment. 5. All street dedications and vacations, public right-of-way encroachments and code requirements identified by the City of Fresno for this development shall be approved or resolved, as required by the City, before the final approval of this entitlement. 6. All required yard/landscaping setback, street trees and street improvements on and adjacent to the project site shall be completed to the satisfaction of the Public Works and the Planning and Development Departments of the City of Fresno before the final approval for occupancy of the building. 7. The design and installation of the proposed approach and driveway on the Amador Street frontage shall be in conformance with City of Fresno Street Standards and be compatible with existing street patterns. 8. The construction or repair of sidewalks and tree wells on the frontages of Amador and Fulton streets shall be in conformance with adopted city standards. 9. Dense landscaping and specimen size street trees are recommended in the planting areas and tree wells on the frontages of Amador and Fulton Streets to enhance the visual character of the building and the streets. PLEASE MAKE APPLICANT AWARE OF AGENCY COMMENTS 10. All streets trees shall be in conformance with the City of Fresno recommended list of street trees. 11. All required parking spaces on and off the project site shall be developed in conformance with the requirements of the Fresno Zoning Ordinance, especially the requirement for 50%shading. 12. Any fence and related gates installed along the frontage of Amador and Fulton Streets shall be constructed of wrought iron. 13. All outdoor equipment and storage areas on the site shall be screened and secured. 14. The proposed mixed-use development shall provide an integrated cornprehensive environment where the integrity and character of each proposed (individual) land use is not compromise or lost in their integration. 15. Agency recommends the implementation of a set of Covenants, Conditions and Restrictions (CC&Rs) or similar rules to protect the intent and advantages of this mixed use development and to address the many issues associated with its comprehensive operation. 16. Due to the location and the unique land use environment of the proposed mixed-use development, specific attention should be given to any comments and/or appeals on the issuance of this application, especially those concerning the association, inter-action and impacts of the mixed-use in this area. 17. Approval of this entitlement applies only to the mixed-use development identified in Application No. C-09-125, any modifications or additions shall not be allowed without the modification of this Conditional Use Permit Application with prior approval from the City of Fresno Development Department and the Redevelopment Agency. 18. The proposed mixed-use development shall be developed in accordance with the Operational Statement and all specific Plans (or as revised by the City of Fresno) submitted for Conditional Use Permit Application No. C-09-125. 19. The Agency reserves the right to reconsider the issuance of Conditional Use Permit Application No. C-09-125 should the City of Fresno or the Redevelopment Agency of the City of Fresno receives any complaints about the maintenance and operation of the mixed-use development inconsistent with the conditions and requirements of this Application; which can result in a recommendation to the City of Fresno to revoke the application. PLEASE MAKE APPLICANT AWARE OF AGENCY COMMENTS San Joaquin Valley F1 ■ 9' AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING January 7, 2010 Will Tackett City of Fresno Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Project: Vesting Tentative Tract Map No. 5956 ; C-09-125 District CEQA Reference No: 20100005 Dear Mr. Tackett: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of approximately 3,185 square feet of commercial space and 61 residential units, located at 1735 Fulton Street, in Fresno, CA. The District offers the following comments: 1. Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 ton/year ROG, and 15 tons/year PM10. Therefore, the District concludes that project specific criteria pollutant emissions would have no significant adverse impact on air quality. 2. Based on information provided to the District, the proposed project would equal or exceed 2,000 square feet of commercial space and would be equal or greater than 50 residential units. Therefore, the District concludes that the proposed project is subject to District Rule 9510 (Indirect Source Review). District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of Seyed Sadredin Executive OirecturlAir Pollution Control Otficer Northern Region Central Region(Main Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover Court Modesto,CA 95356.8718 Fresno,CA 93726.0244 Bakersfield,CA 93308.9725 Tel:(209)557.6400 FAX:1209)5576475 Tel:(5591230-6000 FAX:(5591230.6061 Tel:661.392.5500 FAX:661-392-5 585 www.valleyeir.org www.healthVairliving.com Pmtletl on re[Ycbed papa,. District CEQA Reference No. 20100005 project approval. Information about how to comply with District Rule 9510 can be found online at: http://www.valleyair.org/ISR/ISRHome.htm. 3. The proposed project may be subject to District Rules and Regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/lruleslist.htm. 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call Mark Montelongo, at (559) 230-5905. Sincerely, David Warner Director of Permit Services o�t1 Arnaud Marjollet Permit Services Manager DW: mm Cc: File TENTATIVE TRACT MAP NO. 5956 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 b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge N/A Service Area: e. Wastewater Facilities Charge S.T.E.P. f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Fee [2] N/A Service Area: I. Well Head Treatment Fee [2] N/A Service Area: m. Recharge Fee [2] N/A Service Area: n. 1994 Bond Debt Service [1] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee —Citywide [4] Residential, Multi Family $439.00/living unit Commercial $236.00/1000 sq. ft. t p. Park Facility Impact Fee— Citywide [4] $2764.00/living unit q. `Quirriby Parkland Dedication Fee [2] N/A r. Citywide Regional Street Fee [3] $13,846.00/adj. acre s. New Growth Area Major Street Fee [3] N/A t. Police Facilities Impact Fee —Citywide [4] Residential, Multi Family $508.00/living unit Commercial $665.00/1000 sq. ft. t u. Traffic Signal Charge [1] Residential, Multi Family $316.65/living unit Commercial $47.12/ADT t v. Regional Traffic Mitigation Fee [3] Residential $843.00/living unit Commercial Office $0.85/sq. ft. t 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 Septernber 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. * 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. "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. 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. Average Daily Trips to be determined by Traffic Engineering. Will Tackett From: Allen, Glenn [glallen@co.fresno.ca.us] Sent: Thursday, December 24, 2009 11:19 AM To: Will Tackett Cc: Gardner,Janet Subject: T-5956 Comments Will, I have completed the review of the subject application and have no comments to offer beyond those previously provided for application C-09-125, which may be beyond the scope of this map request. Thank you, Glenn Allen, REHS, M.S. Supervising Environmental Health Specialist County of Fresno Environmental Health Division Phone (559) 445-3357 e-mail: glallen@co.fresno.ca.us i CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND REVIEW OF VESTING TENTATIVE TRACT MAP NO. 5956 Return Completed Form to: Will Tackett, Planning Division Building & Safety Services -Architect Email: Will.Tackett@fresno.gov Telephone: 559-621-8063 Planning & Development Department 2600 Fresno Street, Third Floor Fresno CA 93721-3604 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No.5957, has been filed by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of FFDA Properties, LLC., and pertains to approximately 1.19 net acres (1.68 gross acres) of property located on the southerly corner of the intersection of Amador and Fulton Streets. Vesting Tentative Tract Map No. 5956 proposes a one-lot condominium "airspace" subdivision for the subject property, which has been approved for development with five three-story buildings which will comprise an integrated mixed use development(Fulton Village) pursuant to Conditional Use Permit Application No. C-09-125. The proposed development consists approximately 3,185 square feet of commercial space and 61 residential dwelling units. APN: 466-192-01 & 16 ZONING: C-4 ADDRESS: 1735 Fulton Street DATE ROUTED: December 09, 2009 COMMENT DEADLINE: January 12, 2010 If no response is received by the comment deadline, it will be assumed you have no comments to submit. WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes, specify.) SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS: REQUIRED CONDITIONS OF APPROVAL: IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): s -> Z - to REVIEWED BY: r J Name and Title Telephone Number Date District 3; Central Area Community Plan, Fulton-Lowell Specific Plan, and Fulton Redevelopment Plan City of rn1�=.� -VA;4g,` DEPARTMENT OF PUBLIC UTILITIES January 12, 2010 TO: Will Tackett, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: 0);`C�iar�eibeot t ;Management Analyst II Dent f Public Utilities, Administration SUBJECT: TT 5956, Solid Waste Conditions of Approval Location: Southerly corner of the intersection of Amador and Fulton Streets, 1735 Fulton Street(APN 466-192-01, 16) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5956 that was submitted by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of FFDA Properties, 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: Solid Waste Conditions of Approval were covered under Conditional Use Permit C-09-125. Conditions of Approval TT5956 Related C-09-125.doc Will Tackett From: Gregory Garner Sent: Wednesday, December 09, 2009 7:20 PM To: Will Tackett Cc: Bruce Hartman; Reynaud Wallace; Oliver Baines Subject: RE: Attached Image No comments From: Will Tackett Sent: Wednesday, December 09, 2009 3:22 PM To: Gregory Garner; Bruce Hartman; Reynaud Wallace; Oliver Baines; Colleen Beasley; Terry Cox; Heidi.Heltne@fresnounified.org; Vivian.Bourbonnais@fresnounified.org; cega@valleyair.org; Daniel Yrigollen; Joanne Striebich; markw@fresnolloodcontrol.org; Rick Lyons; jerryl@fresnofloodcontrol.org Subject: FW: Attached Image Routing Partners: You have been identified as the best contact to provide your department/agency's review and comments for the above referenced project. Please find the attached electronic copies of the project package for your review: The planner assigned to this project is Will Tackett. Our preferred method of receiving your comments is via email directly to Will Tackett at the following email address; (WiII.Tackett(cDfresno.aov). We look forward to receiving your responses electronically and hearing any comments/suggestions you may have. If you do not have any comments please attach your standard letter and indicate no comments. Our goal is to continuously improve the quality and completeness of our Applications so that your review is more efficient and consequently your comments are more informed. Two addition/comments It is not necessary to also send a hard copy of your comments, and it would help us if you could name any attachments with the entitlement number& agency name. (e.g., T-5956 - Fire) Thank you. Will Tackett, Planner III City of Fresno Planning Division 559-621-8063 If you experience difficulty opening the document, please call or email Will Tackett ('Will.Tackett(alfresno.Qov) and a copy of the request for comments will be sent to your mailing address. From: noreply@fresno.gov [mailto:no_reply@fresno.gov] Sent: Wednesday, December 09, 2009 4:05 PM To: Will Tackett Subject: Attached Image 1