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HomeMy WebLinkAboutT-5956 - Report - 9/2/2010 Cily of c�cdMI-\\ AGENDA ITEM NO. REPORT TO THE CITYCOUNCIL COUNCIL MEETING 08- 19-10 August 19, 2010 APPROVED BY FROM: JERRY D. BISHOP, Assistant Director??_� b PAR ENT DIRECTOR Development and Resource Management CITY MANAGER KEVIN FABINO, Division Man Development Services Division By: ALAN KAWAKAMI, Chief Engineering Technician' Development Services Division r a,� SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 5956 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN AND TO AUTHORIZE THE PUBLIC WORKS DIRECTOR AND THE DEVELOPMENT AND RESOURCE MANAGEMENT DIRECTOR TO EXECUTE THE SUBDIVISION AGREEMENT AND COVENANT ON BEHALF OF THE CITY RECOMMENDATIONS Staff recommends the City Council adopt the attached resolution approving the Final Map of Tract No. 5956 and accepting the dedicated public uses offered therein; and to authorize the Public Works Director to execute the subdivision agreement on behalf of the City and to authorize the Development and Resource Management Director to execute the covenant to defer the formulation of the condominium on behalf of the City. EXECUTIVE SUMMARY The Subdivider, FFDA Properties, LLC, Darius Assemi, Vice-President, has filed for approval, the Final Map of Tract No. 5956 located at the south corner of Amador and Fulton Streets on 1.68 gross acres.. The Final Map is filed pursuant to approved Vesting Tentative Map No. 5956 for a 1-lot "airspace" subdivision for condominium purposes (Tentative Map). The proposed Final Map is to enable individual ownerships of the dwelling units. The property, pursuant to Conditional Use Permit No. C-10-067 (CUP), has been approved for an integrated mixed use development comprised of 16, 3-story buildings providing a total of 4,780 square feet of commercial space and 46 residential dwelling units.. However, the Subdivider has requested that the City defer the formulation of the Condominium Plan (Condo Plan), Declaration of Covenant, Conditions and Restrictions (DCC&R) and homeowners' association (HOA), which are essential to the establishment of the condominium, until 90-days prior to the time the Subdivider elects to file the public report for the condominium with the California Department of Real Estate in lieu of at the time of recording of the Final Map. Additionally, the Owner Participation Agreement (OPA) and the Regulatory Agreement and Declaration of Covenants and Restrictions between the developer and the Redevelopment Agency of the City of Fresno (RDA), dated January 6, 2010 and December 23, 2009 respectively, stipulates that $1.3 million in financial assistance towards the development of this site to provide 13-residential units to be rented and preserved as affordable rental housing for moderate income households (affordable units) for a period of 55-years. The $1.3 million in financial assistance under the OPA is comprised of an $800,000 loan and a $500,000 grant. At the time of execution of the OPA, the project provided for 4- commercial units and 61-residential units including 1-manager's unit. The RDA has confirmed that the changes ADOPT RESOLUTION APPROVING FINAL MAP OF TRACT No.5956 Authorize Directors to Execute Agreement and Covenants August 19,2010 Page 2 of 2 to the project,as is now approved under the CUP and the Tentative Map,including deferring the condominium formation,will not require amendments to the OPA and that the requirement providing for 13 affordable units for the 55-years period will not be reduced. The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 5956 dated January 20, 2010("Tentative Map"),the Subdivision Map Act and the Fresno Municipal Code.The Subdivider has signed the subdivision agreement and covenant and has posted all required performance securities, insurance certificates and paid all fees now due to satisfy the conditions of approval of the Tentative Map.The City Attorney's office has approved all documents as to form and the Risk Management office has approved all security bonds and insurance certificates. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the tentative map to be approved by the City Council. BACKGROUND The Development and Resource Management Director on October 28,2009 approved Conditional Use Permit (CUP) application No. C-09-125 for 5, 3-story buildings for an integrated mixed use development (Fulton Village). The proposed development consisted of 3,185 square-feet of commercial space divided into four units located in Building #1 along the project site's Fulton Street frontage and the development of 61 (total) two-bedroom residential dwelling units within all of the proposed project's buildings. Included in the project proposal is the development of a related,on-site parking area to serve the residential units and the installation of on-site landscaping and hardscape features. The Fresno City Planning Commission on January 20,2010 adopted Resolution No. 12995 approving Vesting Tentative Map No.5956 for condominium purposes subject to the Conditions of Approval for Vesting Tentative Map No. 5956 dated January 20, 2010(Tentative Map).The Conditions of Approval require the development of the property to be in accordance with CUP C-09-125. Attached is the Fresno City Planning Commission report which provides the project details, staff analysis, environmental findings and consistency findings for Vesting Tentative Map No. 5956 with the 2025 General Plan, the Central Area Community Plan, the Fulton- Lowell Specific Plan and the Fulton Redevelopment Plan to comply with the provisions of the Subdivision Map Act. Also attached is the Conditions of Approval for CUP C-10-067 dated April 26,2010 which amended CUP C-09-125 to increase the commercial area from 3,185 to 4,780 square feet and to decrease the number of residential units from 61 to 46 units. The Subdivider on January 25,2010 filed the Final Map of Tract No.5956 pursuant to the approved Tentative Map. The Final Map has been reviewed and deemed to be technically correct. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 5956, submitted securities in the total amount of $37,500 to guarantee the completion and acceptance of the public improvements required by the Tentative Map and executing the covenant to defer the formulation of the condo plan, DCC&R and HOA. The Subdivider has paid development impact fees due as a condition of approval for the Final Map in the amount of$26,208.21;additionally,citywide development impact fees(Fire,Police, Major Streets and Traffic Signals) in the amount of $189,984.16 will be due at the time of building permit and certificate of occupancy. The developer, In accordance with the provisions of Resolution No.2009-265 for the downtown priority areas, has elected to further defer the payment of the citywide development impact fees In 25%increments to the end of the 3`d,4`h,5`h and 6`h years after the issuance of the certificate of occupancy, A condition of the CUP is the vacation of a portion of Amador Street to provide a corner 'bump-out' to accommodate diagonal parking; the work to satisfy the conditions of the vacation was initiated but not completed and the Subdivider has elected to complete the outstanding conditions for the vacation by including the outstanding street improvements associated with the vacation into the Subdivision Agreement. Upon recording of the Final Map and the Subdivision Agreement the vacation will then become effective. 2 ADOPT RESOLUTION APPROVING FINAL MAP OF TRACT No.5956 Authorize Directors to Execute Agreement and Covenants August 19, 2010 Page 3 of 3 FISCAL IMPACT There will be no impact to the City's General Fund. Affirmative action by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the city a fee for the processing of this Final Map and that fee is, in turn,funding the respective operations of the Development and Resource Management Department. Attachments: Final Map of Tract No.5956 Report to the Planning Commission—Consideration of Vesting Tentative Map No,5956 and Related Environmental Finding for Environmental Assessment No.T-5956 C-10-067(site plan) C-10-067 Conditions of Approval Dated April 26,2010 3 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO.5956 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS,FFDA Properties,LLC.,a California Limited Liability Company,has offered for approval a Final Map designated as Tract No.5956,("map'),pursuant to approved Vesting Tentative Map No.5956("tentative map");and, WHEREAS,all the certificates which appear on the map(except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno)have been signed and acknowledged and said map has been filed for approval;and, WHEREAS,the subdivision lies within the boundaries of the City of Fresno;and, WHEREAS,the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council;and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement,is consistent with all applicable general and specific plans of the City; and, WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map;and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. Resolution Approving the Final Map of Tract No,5956 Page 2 NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. 2. That the map is hereby approved and any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the map are hereby accepted,unless it is stated on the Final Map that said dedications are subject to City acceptance of Developer installed improvements, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. CITY'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2010. AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH, CMC City Clerk, City Of Fresno By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: an iffin Deputy t ttorney Date: C/ W8 ? He > I --q-p F- 3 'MA 'a Al (9b 2y 9 9 55 an 0 A M @) y Z, fig .6 '21 x M�O H tv 5§5 Ma V., Hso- 2, 4s !I d 1 1 H9 HUH NSos- na d a i MUR OININ X w i HE 22, J Rm 2 HEN 3 8 MIR on M 1 0- SIM jjgj O50a too MEAN wo AMEX RGM 4g ........... lost Edon i6p .............. IN 20, 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 January20,2010,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 FRMI REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-B COMMISSION MEETING 01/20/10 January 20, 2010 APPROVED BY FROM: JERRY D. BISHOP, Assistant Director Planning and Development Departm t4 PARTMENT RECTOR KEITH R. BERGTHOLD, Assistant Dire c Planning and Development Department THROUGH: MIKE SANCHEZ, PlanningManag Planning Division BY: WILL TACKETT, Planner I Planning Division SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5955 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 Commercial Mixed Use Level 2 C-4 North Central Trading District Commercial/Office Central Area 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) 9 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 implement 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 comprised 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 manner in which the buildings or airspace above the property shown on the map are to be divided,nor shall the governing body have the right to refuse approval of a parcel,tentative,or final map of the project on account of the design or the location of buildings on the subject property shown on the map that are not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium." 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 C 4 C 4 4 -4 C- o DIVISADERO ST ti C-P C-4 C4 (;-4 C-4 --SPLIT C-4 C-4 C-9 C-4 <4 M-1 C-4 v 1C. Z C-4 4 C-41 C-1 4. <4 C-4 C-41 M-1 C-4 M-1 41 C-4 <4 C-m M-1 y C-4 LEGEND E3 Subject Property VICINITV 31" PLANNING & DEVELOPMENI' DEPARTMENT CONDITIONAL USE PERMIT NO.C-09-125 A.P.N.: -+ ZONE MAP: 1759 FULTON STREET NOT To SCALE BY/DATE: 46613336 9�h $,`>�� 1 t�, 46613118 10 Q 6,y , .�'YO v � ,spy Si Request ID: 354 ' S� ry�h � �pry 6 / N ,wry 468 a� n 00 'oG � O� �,OOp'L �oihO 9 OB10370 rOP6 0 W p pN C G s1 �a 466jft3 Sp30 �-'L 46620114 \& \ /\ � � . � Al - j % . _ - .. - . � . - ` , . ,fN - &,� Al . � . . � � - . • f � .: . - � � \ • . ! 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CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 20,2010 REVISED MAY 24,2010 VESTING TENTATIVE TRACT MAP NO. 5956 "FOR CONDOMINIUM PURPOSES" SOUTHERLY CORNER OF THE INTERSECTION OF AMADOR AND FULTON STREETS All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code(FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. 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 Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 2 of 10 required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications,2002 Edition,and any amendments thereto. 7. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications,or additions thereto;and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of required off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code(FMC)and the State Subdivision Map Act. The subdivider shall complete all required public improvements prior to the approval of the Final Map by the City. If,at the time of Final Map approval,any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right,title or interest and the nature of their interest per State law. GENERAL INFORMATION 10. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 11. Pursuant to Section 66456.1 of the Subdivision Map Act,which states"The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,"any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 12. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works,requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 3 of 10 a) A full description of each assessed lot, parcel or interest to be divided and of how such lot,parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law;and c) Written consent of the owner(s)of each such lot, parcel,or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s)by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot,parcel,or interest into which the original assessed lot,parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. ZONING&PROPERTY DEVELOPMENT STANDARDS 13. 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 Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 4 of 10 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 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 Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 5 of 10 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. 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 May 11,2010;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. Vesting Tentative Tract Map No. T-5956 January 20, 2010 Page 6 of 10 26. In the event an acquisition of any easement or right-of-way is necessitated, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. a) Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 27. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with acquisitions, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. 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. a) The Department of Public Works has waived the City Community Facilities Maintenance District (CFD) requirements for the proposed project in accordance with the following conditions: i) The long term maintenance of all Curbs, Gutters, and Sidewalks within the Amador and Fulton Street rights-of-way adjacent to the tentative map is the ultimate responsibility of the ownerldeveloper pursuant to California State Streets and Highways Code Section 5600 through §5602; §5610 through §5618; and, Fresno Municipal Code Section 13-217. • NOTE: The Developer retains the option of placing this tract into the maintenance CFD per the original conditions if so desired. 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 Vesting Tentative Tract Map No, T-5956 January 20, 2010 Page 7of10 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 bimonthly 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. 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; with the following exceptions as modified by the Director of Public Utilities: a) Condition Nos. 1 through 6 of the attached Department of Public Utilities, Water Division memorandum dated November 06, 2009 have been determined to not apply to the recordation of the final map. i) Said conditions remain in full force and effect with respect to approved development entitlements for the subject property authorizing the proposed planned development; and, shall be satisfied pursuant to the Conditions of Approval for Conditional Use Permit Application No. C-09-125. • NOTE: All other requirements stipulated within the attached Public Utilities, Water Division memorandum dated November 06, 2009 shall be satisfied prior to recordation of the final map. F-4R E S E RV4GE- 32, Comply with all of the r �sir to the anh Creme Cirn Depart + vi--rrr��e�uirefl'�E'nr� �-rrr�..a�tuvrT �v��urcrrrEni momOra Rd im dated rlonomhor 16 20 09. 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. Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 8 of 10 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. 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 Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 9 of 10 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 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. *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 Vesting Tentative Tract Map No.T-5956 January 20,2010 Page 10 of 10 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. [41 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 FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 20,2010 VESTING TENTATIVE TRACT MAP NO.5956 "FOR CONDOMINIUM PURPOSES" SOUTHERLY CORNER OF THE INTERSECTION OF AMADOR AND FULTON STREETS All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code(FMC), City policies,and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. 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 NIA 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 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 Ike 1'-"R E -4-e-4 IL 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 1 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. 78-522188-229. 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. -No-" cent circia& 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 ENGINEERINGITraffc PlanninglTract 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 2 of 3 T:\TRAFFIC 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 any 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 Signal 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 Major 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 1\TRAF-FIC ENGINEERING\1 ralfic Planning\Tract Maps\1"-5956 Fulton&Amador.doc STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCRwARZEWEGGER.C DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE o P.0.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)488-4347 Flex our t &vn FAX(559)488-4088 Power gy�cienr. 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/Stani8laus northbound on-ramp, for a total of$2,830. If you have any questions,please call me at(559)488-4347. Sincerely, 0 ) R 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 "C'11—,improves mobility ncrore Cnlif—in" 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;ior✓' rp Fera 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 1"=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. City 01 IF- PUBLIC PUBLIC WORKS DEPARTMENT DATE: January 12, 2010 TO: WILL TACKETT, Planner III Planning and Development Department FROM: JOE PAFF, Senior Engineering Technician 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 croperty. The process for placing the property into the District begins with the steps outiined 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 City of F"nESNnV4"d'L"11-*--; 4M DEPARTMENT OF PUBLIC UTILITIES �,� Providing Life's Essential SerwCes 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 riled 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 (559) 621-5100 regarding conditions of service for special users. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge. 2. Sewer Oversize Charge. 3. 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 FRESH44 DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION iDPU DATE: November 6, 2005 Providing Life's Essential Services 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 Re ised 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 Ailey to the Fulton StreetlVan 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 aflac/yr. The developer shall provide a water demand analysis showing the projects water demand is 1.9 aflaclyr 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 MEIR 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 N0.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 E S Randy R. Bruegman O Fire Chief Bureau of Fire Prevention and investigative Services 911 H Street Fresno, California 93721-3083 F I R (559)621-4000 FAX (559) 498-4323 www.fresno.gov DATE: December 16, 2009 TO: Will Tackett, Planner Ill 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 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 (/J-Z-/t0 DRAINAGE AREA " 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. 51% 5469 E.OLIVE-FRINN0,CA 93727-(559)456-3292-FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 f) 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 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No.1 as"Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X Street Plan -Water&Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through 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 hlsurance 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 (NPDF,S)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 hidustrial 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. 11.16 5469 E.OLIVE-FRESNO,CA 93727-(559)456.3292-FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non- storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakeman, Project Engineer: ick yon. District Engineer C: GARY G.GIANNETTA 1119"S"STREET FRESNO,CA 93721 ssse 5469 E.OLIVE-HIESNO,CA 93727-(559)4563292-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 mgAp—ikOibitsAt,actA5956(rl) 'It:,rP:V.S t A i; i 6, _SE'VIcr UNITEDSTi r1 ' POSIAL DCvGMBER 2L.2009 To tho City o+i resno-Planning and Development Department It�s rocornmerded that at least 6 months prior to the first occupancy,the Developer shall contact tho iucal United 61.ales Postal Service representative to complete a Mode of Delivery Agreement for New Conslru.tion.'l:e Mode of Delivery Agreement must have a District approval signature to be valid. In addition to cumpleling 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 am install all mad receplacie facilities for each location as specified and approved by the USPS. Sinceruiy, Cathy S.Gilk, New Growth :urdinator MODE OF DELIVERY AGREEMENT N TRU T N United States Postal Service-Sacramento District Project Information `earm 'Project: ZIP CODE. Estimated# Route T e/Number °f`trn' Deliveries: Type/Number ;.,.,Of';: City::! Rural" i-,hr:rai:;d Delivery Date�sonth and Year)` USPS Contact Information ,M ,.ic by: Date: Telephone#: `BuilderiDeveloper Contact Information' Title: Phone: Address: ;Equipment Information TYPE OF PROJECT TYPE&QUANTITY OF EQUIPMENT �'-�•' Centralized Nr n..alitef i)vl,-rips Floors QTY Equipment OfY I pn:an: Office Bldg. CBU Type 1 8 Curbsidf_2ioos! _._ Shoppin,,Stri,4:'all CBU Type II 12 Curbside:3!post Apt./Condo CBU Type III 16 Curbside•.!Dost T ownhomes CBU Type IV 13 Other _ll " M,,d� ular Home: Wallmount Std4C Sin le Fami1,• Parcel Lockers .._._. Other(Specify�-- - Purchase/Installation Res onsibill ._--:�O:.r 'Developer U.S.P.S. Oth,�,: Seer Cow:,-en's Issue Key Responsibility j ---:X:=Om: Developer U.S.P.S. Other: See C,mn:.wS I See attached maps for designated locations. rl i Oo,.z op ny J.%,understands that he/she must comply with USPS Cement Pad Speciftcaliont.Copy pn.v:;,:J 1 i, A rr ". ument that the builder/developer will purchase and install the-mr d dei v i eq l a ,:'.c ti wU,,sp-ified locati,ns. Locations must be clearly designated on pl n maps rxnvided by u:, I J•r:cleyer Any channes must be approved jointly by both undomigneu n(t, JJ' USPS REPRESENTATIVE: PROPERTY OWNER!DEVELOPER/MANAGER: ashy Gdles 'Name: _ Growth Coordinator 'Title: �"i3 u•c. Date: *Signature: Date: "r "".opt+eno 559-440-4267 'Telephone#: y 559-440-4286 "FAX#: J DA1 l- MODE OF DELIVERY AGREEMENT.xls9/23/2009 Donn Beedle From: Christopher Preciado Sent: Friday,August 07,2009 12:09 PM To: Donn Beadle;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 i 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. a. 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 comprehensive 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 z Or 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 937213604 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 UirectorfAir Pollution Contrul Officer Northern Region Central Region IMain Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover CDilrt Modesto,CA 953568718 Fresno,CA 937260244 Bakersfield,CA 933089725 feu 1209}557 6400 FAX f2Q91557 6475 rel.;5591230.6060 FAX:#5591230 6061 Tet:661 392 5500 fAX 863 382-5585 www,valleyaw.urg www.baahhyaiulwing.cacn rmaa x�uM1a�. � District CEQA Reference No. 20100005 project approval. Information about how to comply with District Rule 9510 can be found online at: http:/Iwww.valleyair.orq/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/iruleslist.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 tk 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[i] $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[i] $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. *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. 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,RENS,M.S. Supervising Environmental Health Specialist County of Fresno Environmental Health Division Phone(559)445-3357 e-mail:giallen@co.fresno.ca.us t 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): REVIEWED BY: Name and Title Telephone Number Date District 3;Central Area Community Plan,Fulton-Lowell Specific Plan,and Fulton Redevelopment Plan City of 're-n E-.moi i. 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: `�L(-Chris Weibert, Management Analyst II Department of 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 7"1'5956 Related C-09-125.doe 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@fresnofloodcontrol.org;Rick Lyons;jerryl@fresnofloodcontrol.org Subject:FW:Attached Image Routing Partners: You have been identified as the best contact to provide your departmentlagency'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@jresno qov). 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 additiona/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(WiII.Tackett(a�fresno.gov) and a copy of the request for comments will be sent to your mailing address. From:no_reply@fresno.gov[mailto:no_reply@fresno.gov] Sent:Wednesday,December 09,2009 4:05 PM To:Will Tackett Subject:Attached Image t PIT 1g; n � 6 rk sy5 1 a6 a� k. d 1 .. .y, s gg$P d � r t j JHA ON ON $g e NOW 411 WIN alpim WIN mal ..dS �XB �§ 3aA � � • I � • F sf y�dama a°s s :101 WE m 0RMS Mum `to y° `�sX m a�I ,n e XF � 1 tk X 1 g All a y 'g ggas9aX r d Xy � - d i P ; i 4 m 110 Yy WON 4 yE 4 .3r § I t k lz s 111 I sk P X t 1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 26,2010 Conditional Use Permit Application No. C-10-067 NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, 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 imposition of fees, dedications,reservation,or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1)in effect before January 1,1997. PART A-PROJECT INFORMATION 1. Assessor's Parcel No: 466-192-01 &16 2. Zone Map No: 2450 3. Job Address: 1759 Fulton Street 4. Street Location: Located on the southwesterly corner of Fulton and Amador Streets in Downtown Fresno 5. Existing Zoning: C-4(Central Trading District)zone district 6. Planned Land Use: Commercial/Mixed Use Level 2 7. Plan Areas: Central Area Community Plan, Fulton/Lowell Specific Plan and the Fulton Redevelopment Area Plan 8. Project Description: Conditional Use Permit Application No.C-10-067 was filed as a major amendment by Bret Gianneta of Gianetta Engineering on behalf of FFDA Properties, LLC,and pertains to 1.19 net acres (1.68 gross acres) of property. The applicant proposes to amend the approved Conditional Use Permit Application No.C- 09-125 Fulton Village mixed use project. Conditional Use Permit Application No. C-10-067 proposes to construct 16- three story buildings for an integrated mixed use development. The project consists of 4,780 square feet of commercial space on the first and second floors of the commercial building along Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 2 with a 2,279 square foot two-bedroom live/work unit located on all three floors of the commercial building,one-774 square foot manager's unit with one bedroom, 14-812 square foot flat style units with one bedroom and 30-1,345 square foot town home units with two bedrooms. Included in the project proposal is the development of a related, on-site parking area to serve the residential units and the installation of on-site landscaping and hardscape features. The project proposal also includes the abandonment of a portion of the Amador Street right-of-way for inclusion into the project site; the realignment of Fulton and Amador streets to accommodate diagonal parking for the proposed project;and moderate income housing units. PART B-GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Director, on April 28, 2010, approved the special permit application subject to the enclosed list of conditions and Exhibits A, E-1, E-3 and E-4 dated March 26,2010, Exhibits F-1, F-2,F-3, F-4, F-5, F-6, F-7 and L dated April 5,2010 and Exhibit E-2 dated April 6,2010. An analysis has been performed pursuant CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for C-10-067. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: No substantial changes are proposed in the project which will require major revisions of the previous Finding of Conformity due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, C-10-067 proposes a decrease of 15 residential units.The original CUP analyzed 61 units and C-10-067 is analyzing 46 units. The project also proposes a less than significant increase in commercial space. The original CUP, C-09-125, proposed 3,185 square feet of commercial space and C-10-067 proposes 4,780 square feet of commercial space, an increase of 1,595 square feet. Although the commercial portion of the development is increasing,the residential portion of the development is decreasing. The proposed commercial development will generate 2 additional AM peak hour trips and 5 additional PM peak hour trips. The total development will generate 91 fewer average daily trips, 9 fewer AM peak hour trips and 9 fewer PM peak hour trips than originally analyzed. As such, the proposed revisions to the project should result in less environmental impacts than originally approved. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Finding of Conformity due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case,the proposed project is consistent with the original purpose and intent of C-09-125 and the site will be used for mixed use development,as originally contemplated. There is no new information,which was not known and could not have been known at the time of the previous Finding of Conformity,that the project will have significant effect not discussed in Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 3 the environmental assessment. Furthermore, since a Finding of Conformity was previously adopted for C-09-125 the considerations set forth in CEQA Guidelines § 15162(a)(3)(C) and (D), related to the adequacy and feasibility of previously adopted mitigation measures, are not applicable. Based upon these findings,it has been determined that no further environmental documentation is required for C-10-067. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health,safety,and welfare,but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading"Part F-Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance,provided the findings pursuant to Fresno Municipal Code(FMC)Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval,you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by May 13,2010. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer,or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including,but not limited to,the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees,walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 4 completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance,and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.(Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (include this note on the site plan.) Transfer all red line notes, etc., shown on all site plan exhibits(dated March 6, 2010,April 5, 2010 and April 6, 2010)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by April 28,2014(four years from the date of Director approval). There is no exception. To complete the back-check process for building permits relative to planning and zoning issues,submit four copies of this corrected,final site plan,together with three copies of the elevations,landscape,and irrigation plans,and any fees and title reports for required covenants and any required studies or analyses to McKencie Contreras in the Planning Division for final review and approval,fifteen days before applying for building permits. It may be necessary to resubmit these"corrected exhibits" a second time if not all the conditions have been complied with or are not shown on the exhibits. Once the "corrected exhibits"are approved by the Planning Division, please place these exhibits in the plan check set and contact the Planning Division, along with Traffic Planning,to set up an appointment to signoff and stamp these exhibits. Please bring two additional copies of the site plan exhibit(s)to this appointment so that both the Planning Division and Traffic Planning have a final signed-off copy of the site plan. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan,elevations,landscape,and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected,approved exhibits in the plan check sets. Contact McKencie Contreras at (559) 621-8066 or via e-mail at McKencie.Contreras@fresno.gov to schedule an appointment. PART C—PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 5 addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Ann Lillie at (559) 621-8690/Ann.LillieCa�,fresno.gov, Engineering Division, Traffic Planning Section. Submit the following, as applicable, in a single package to the City of Fresno Public Works Department Engineering Division (559-621-8650), Plan Check and GIS Mapping Section and Traffic Engineering, for review and approval, prior to issuance of building and street work permits:Street Improvement Plans,Signing and Striping Plans,Street Lighting Plans and Signal Plans. When preparing Street Plans and/or Traffic Control Plans for projects in the City of Fresno contact Traffic Engineering (Randy Schrey) in advance to make sure that sidewalks or an approved accessible path remain open during construction. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 12-1011 and Resolution No.78-522/88-229. Please contact Gary Witzel,Department of Public Works-Engineering Services at(559)621- 8650 to initiate a deferral agreement. 1) STREET ENCROACHMENT PERMITS,DEDICATIONS AND VACATIONS a) Exhibit A is required to include all street furniture,e.g.:public utility poles and boxes,guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles,tree wells,etc.,within the existing and proposed public rights-of-way. (i) A minimum 4-foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code is required.An on-site pedestrian easement may be required if Title 24 requirements cannot be met within the existing public rights-of-way. A pedestrian easement may be required if Title 24 requirements cannot be met. b) ENCROACHMENT PERMITS.The construction of any overhead,surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City Engineer. For encroachment permit information, contact the Public Works Department, Engineering Services Division at (559)621-8693. Encroachment permits must be approved prior to issuance of building permits. c) DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: (i) No dedications required at this time. Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 6 d) VACATIONS.The following vacation requirements must be satisfied prior to issuance of building permits: (i) Comply with the attached Public Works-Engineering Division memorandum dated April 6,2010. 2) STREET IMPROVEMENTS a) All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, street lights, signals, etc. shall be relocated as determined by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian and utility easements) requires a STREET WORK PERMITrp IOr to commencement of work. Contact the City of Fresno Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. All required street improvements must be completed and accepted by the city RL!21 to occupancy. b) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information call(559)621-5600. c) Comply with the attached Public Works-Engineering Division memorandum dated April 6,2010. 3) WATER AND SEWER SERVICE REQUIREMENTS a) Connection to the City of Fresno water system is required. b) Connection to the City of Fresno sewer system is required. c) City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges,contact Frank Saburit at(559)621- 8077. d) Open street cuts are not permitted;all utility connections must be bored. (i) The determination for the method of connecting to the existing water and sewer system will be made on-site during the inspection by the Construction Management Division. e) CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities,Water Division (559)621- Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 7 5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. 4) OFF-STREET PARKING FACILITIES AND GEOMETRICS a) Off-Street(on-site)parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, and Standard Drawing(s)P-41, P-42, P-43, and requirements as noted on Exhibit A-1 b) Provide parking space needs, circulation, access and directional signs(e.g. "Entrance," "Exit," "Right Turn Only," "One Way' signs, etc.) as determined by the City Traffic Engineer and as noted on Exhibit A. c) Comply with Comply with the attached Public Works-Engineering Division memorandum dated April 6,2010. 5) SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a licensed land surveyor of the State of California. (i) The parcel configuration depicted for the proposed development does not conform to record information:Tract Map 5956 is required to establish this configurationrp for to building permits. Contact the Planning and Development Department for details or submit a revised exhibit confining the proposed development within existing parcel lines. 6) TRAFFIC IMPACT STUDY a) This development will generate a total of 29 a.m./46 p.m.peak hour trips and generate a count of 514 Average Daily Trips. b) A Traffic Impact Study is not required. 7) IRRIGATION DITCH/CANAL REQUIREMENTS a) There are no irrigation requirements at this time. 8) DEVELOPMENT IMPACT FEES a) City of Fresno Development Impact Fee obligations applicable to this project will be computed during the building construction plan check process. The specified fees will be payable at time of issuance of building permit, at time of issuance of certificate of occupancy,or deferred with a fee deferral covenant. b) The time of payment for residential construction of all development impact fees has been deferred to the time of issuance of the Certificate of Occupancy in accordance with the provisions of Resolution No.2008-348. Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 8 c) Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets,and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of Resolution Nos.2009-265 and 2010-19. d) For information related to City of Fresno Development Impact Fees, contact Frank Saburit at(559)621-8077. e) WATER CONNECTION CHARGES: (FMC Sections 14-107 to 14-110). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council rior to issuance of building permits may also be applied. (i) Frontage Charge(based on property frontage to existing water main) (ii) Transmission Grid Main Charge(based on parcel acreage) (iii) Transmission Grid Main Bond Debt Services Charge(based on parcel acreage) (iv) Service Charges(based on service size required by applicant) (v) Meter Charges(based on service need) f) SEWER CONNECTION CHARGES (FMC Section 9-503-a). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. (i) Lateral Sewer Charge(based on property frontage to existing sewer main,to a depth of 100') (ii) Oversize Sewer Charge(based on property frontage to a depth of 100') Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Article 15,Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP)and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities,Administration Division at(559)621-8600. (iii) Upon occupancy of the project,the developer 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). g) Citywide Traffic Signal Mitigation Fee. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s)as set forth Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 9 in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate.This fee shall be paid at time of building permit. h) Citywide Fire Facilities Charge(based on building square footage) I) Citywide Police Facilities Charge(based on building square footage) j) Citywide Park Facilities Charge(based on the number of residential units) k) Citywide Regional Street Charge(Planned Land Use-based on parcel acreage) 9) OTHER AGENCIES IMPACT FEES a) Satisfy the Fresno County Facilities Impact Fee obligation. Provide County Facilities Impact Fee receipt from the County Public Works and Planning Department(559-488- 3496)as proof of payment or exemption prior to the issuance of building permits. b) Satisfy the Fresno County Regional Transportation Mitigation Fee(RTMF), as required by the RTMF Joint Powers Agency(559-233-4148). The RTMF Informational Summary and the Record of Payment forms are available at the Planning and Development public counter. (i) The completed Record of Payment of the RTMF form of the must be submitted to the City prior to the issuance of building permits. Prior to issuance of the Certificate of Occupancy,the Record of Payment of the RTMF form must be signed indicating the Disposition of RTMF by the RTMF JPA. PART D-PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following: (i) C-4,Central Trading District(Section 12-220 of the FMC) (ii) Mixed Use Ordinance(Section 12-325 of the FMC) (iii) Fulton Redevelopment Plan Area (iv) Fulton/Lowell Specific Plan (v) Central Area Community Plan (vi) 2025 Fresno General Plan 2) ZONING a) Development is proposed in accordance with the C-4 (Central Trading District) zone district as modified by the Mixed Use Ordinance of the FMC. Pursuant to Section 12- 220.3-B-25 of the FMC, mixed use projects pursuant to Section 12-325 are permitted with a conditional use permit in the C-4 zone District. b) Vesting Tentative Tract Map No. 5956 proposed a one-lot subdivision for the purposes Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 10 of a condominium project. The map shall be recorded and finaled to establish a site suitable for the development. 3) LOT DIMENSIONS a) There are no minimum lot dimensions in the C-4 zone district. 4) POPULATION DENSITY a) The project proposes to develop 46 residential dwelling units on a 52,684 square-foot site that includes 3,900 square-feet of area that is currently part of the Amador Street right-of-way. The project density is one dwelling unit per 1,145 square-feet, or 38.65 dwelling units per acre. 5) BUILDING HEIGHT a) Pursuant to Section 12-220.5-D of the FMC, no building or structure erected in this District shall have a height greater than 60 feet. Buildings greater than this height shall be subject to the Mid Rise and High Rise Ordinance(Section 12-321 of the FMC). b) The project's building elevations shall depict the proposed building height for all buildings. c) Elevations shall include all proposed structures, including utility cabinets, trash enclosures, downspouts, lighting on buildings, and bollards for review and approval by the Planning and Development Department, 6) BUILDING SETBACK OPEN SPACES AND LANDSCAPING a) Pursuant to Section 12-220.5-E of the FMC,there are no yard requirements. Exhibit A, dated March 26,2010 depicts the following: 0 feet along Fulton Street 2 to 14 feet of landscaped area along Amador Street 3 to 4 feet along a portion of the alley 5 along the rear property line b) Any subsequent changes to the above-noted exhibits shall be reviewed and approved by the city's Redevelopment Agency and the Planning and Development Department. c) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans,for all proposed and future buildings. Should equipment be located on the roof,it shall be screened using a parapet wall. d) All landscaped areas (including private) shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. e) Call (559) 621-5600 to notify the Public Works Department Construction Management Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 11 Division 72 hours prior to tree hole drilling/tree planting in the public right-of-way,in order to verify tree locations,to obtain inspection of drilling operations,and to check backfilling procedures and safety barriers. f) No structures of any kind (including signs, trash and recycling areas, etc.) may be installed or maintained within the landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device), etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Include this note on the site plan.) g) For residential parcels of land, the applicant shall provide a minimum of one medium- sized tree(30 to 60 feet at maturity)for each required parking space,plus one medium- sized tree for each residential unit (Reference FMC Section 12-306-N-24-g-(3)). The landscape plan shall depict the number of trees,size and species. h) Provide one street tree per 24 lineal feet of street frontage in the Downtown Area. i) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department.(Include this note on the site plan.) j) Submit a copy of a site plan with proposed landscaped planters and street tree,showing the number and types of trees,to the Planning Division. This plan must be reviewed and approved prior to obtaining building permits. k) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division.(Include this note on the site and landscape plans.) 7) OPEN SPACE a) The applicant shall ensure that residential dwellings are arranged so as to provide a unified, functional, and safe living environment, with adequate open space, sufficient individual privacy,and relief from noise and other unwanted disturbances in accordance with Title 25 of the Uniform Building Code(Reference Section 12-306-N-21-c-(1)of the FMC). b) Provide a minimum of 25% or approximately 13,171 square feet open space on-site in accordance with Section 12-306-N-21(c) of the FMC. Provide all open space calculations on the landscape plan. The required open space may be modified pursuant to Section 12-325 of the FMC.Please shade in areas meeting this requirement so that it is clear which areas are being counted towards complying with this requirement.The Director may allow a 10 percent reduction of this figure. Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 12 8) FENCES,HEDGES,AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. b) The proposed fencing along Amador Street shall not exceed six feet in height and shall be decorative wrought iron. Any fencing not depicted on Exhibit A-1 is not approved. c) The Redevelopment Agency, in a letter dated January 21, 2010, has approved an enhanced chain link fence to be installed on the west side of the project site along the alley only between Amador Street and the existing Tokyo Garden's property. The enhanced chain link fence shall be screened with fabric and landscaping by the developer. The balance of the project site will be bordered by wrought iron fencing. Submit an elevation depicting the proposed enhanced chain link fence to the Planning and Development Department. d) Note that all proposed/existing fences shall comply with the standards as set forth in Section 12-306-H of the FMC. Only those fences as shown on the site plan shall be reviewed for approval. e) Provide detail of gate with Police or Fire Department approved locks as well as an operational statement indicating details concerning its use. f) All future fences,bollards,etc.shall be reviewed and approved prior to installation by the City of Fresno, Planning and Development Department. (Include this note on the site plan.) 9) SPACE BETWEEN BUILDINGS a) There is no space between building requirements in the C-4 zone district. 10)LOT COVERAGE a) There is no lot coverage requirement in the C-4 zone district. 11)OFF-STREET PARKING a) Pursuant to Section 12-306-1-6 of the FMC,when there is more than one dwelling unit on a single lot there shall be one and one-half parking spaces for each dwelling unit,one of which shall be in a carport or garage. In the event that a requirement for one-half parking space results under this ratio, the parking space requirement shall be increased to the next highest whole number. The development proposes 46 residential units; therefore 69 parking spaces are required with a minimum of 46 covered parking spaces. However, Section 12-325 of the FMC allows the Planning and Development Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 13 Department Director discretion to modify the required number of parking spaces for integrated mixed use projects. Therefore,the proposed 63 parking spaces(46 garages and 17 open spaces)provide sufficient parking for the proposed 46 unit project,as depicted on Exhibit A,dated March 26,2010. b) Pursuant to Section 12-220.5-1-1 of the FMC, there shall be at least one square foot of off-street parking area for each one square foot of floor area.The development proposes 4,780 square feet of commercial space; therefore, 13 spaces are required. Exhibit A dated March 26,2010 depicts 20 parking spaces along Fulton Street. c) All parking areas shall comply with the general conditions of Section 12-306-1 of the FMC. d) Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided. e) Provide a minimum of 7 bicycle parking spaces on the entire site as determined above. Bicycle parking spaces shall each consist of one slot in a bike rack. They shall be grouped in racks which allow four feet of clearance on all sides. There shall be adequate space between rack slots to park, lock,and remove bicycles. Bicycle parking spaces shall each consist of one slot in a bike rack. Bicycle parking spaces and the required four-foot clearance shall be protected from motor vehicle encroachment by means of fixed barriers not less than six inches or more than three in height. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces,and shall be located proximal to structures(depict on Exhibit A). f) Refer to the 2007 State of California Building Code, Section 1109A for accessible parking spaces requirements for multi-family dwelling units. g) For the commercial uses,a minimum of one handicapped accessible parking space shall be provided for the proposed project. h) All handicapped stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (include this note on the site plan.) i) All handicapped parking stalls shall be placed adjacent to facility access ramps or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. (Include this note on the site plan.) j) Lighting where provided to illuminate parking shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works,the Planning and Development Department and the Fresno Police Department. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 14 k) Clearly depict all proposed light fixtures,including height. Should light fixtures be placed on the proposed buildings,identify on the elevations. 12)LOADING SPACES a) Individual commercial uses within the proposed development shall not exceed 3,500 square feet; a loading space may be required for tenants which exceed 3,500 square feet. An exemption to the loading space requirement(if desired)can be granted with submittal of a letter from the property owner and approved by the Director of the Planning and Development Department stating that the commercial uses of this proposed development will not require loading spaces pursuant to the FMC. 13)ACCESS a) There shall be vehicular and pedestrian access from a dedicated and improved street, alley or recorded private access to off-street parking facilities on the property requiring off-street parking. 14)OUTDOOR ADVERTISING a) The provisions of the C-1 District, Section 12-217.5-K, shall apply to permitted non- residential uses. For permitted multiple-family residential uses,the provisions of Section 12-212.5-K-2 shall apply. b) Signs,other than directional signs, if applicable,are not approved for installation as part of this special permit. (include this note on the site plan.) Should additional signs be required, the applicant must submit for a Sign Review Permit. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. c) Depict locations of existing and proposed signs on Exhibit A. 15)ADDRESSING a) The address listed in the conditions of approval is 1759 Fulton Street. Additional addressing will be assigned to the proposed development. The official addresses for the proposed development will be provided to the applicant once building permits are issued. In order to provide separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for'Official Addresses'. b) Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not'Official Addresses". Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 15 PART E-CITY AND OTHER SERVICES 1) BUILDING AND SAFETY SERVICES a) Plans and permits are required for the proposed project.Note: 2) TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with the attached Public Works memorandum dated April 6,2010. b) The Public Works Department has allowed tree wells to be 4' x 4' along Amador and Fulton Streets.However,a covenant will be required to be recorded for the cleaning and maintenance of the non-standard design along Fulton Street. 3) SOLID WASTE COLLECTION a) Comply with the attached Solid Waste Management memorandums dated October 28, 2009 and February 3,2010. 4) PUBLIC UTILITIES REQUIREMENTS a) Comply with the attached Department of Public Utilities memorandum for sanitary sewer requirements dated April 5,2010. b) Comply with the attached Department of Public Utilities memorandum for water requirements dated April 20,2010. 5) FIRE DEPARTMENT a) Comply with the attached City of Fresno Fire Department memorandum dated April 9, 2010. 6) DEPARTMENT OF TRANSPORTATION a) Comply with the California Department of Transportation(Caltrans)memorandum dated June 17,2009. 7) STREET TREE REQUIREMENTS a) Comply with the attached amended Department of Public Works-Engineering Division memorandum dated September 30,2009. b) An inspection fee of$30 is required for each street tree planted and is required prior to issuance of building permits. 8) HEALTH PROTECTION REQUIREMENTS a) Comply with the attached County of Fresno Department of Health memorandum dated Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 16 June 24,2009. 9) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT a) Comply with the attached Fresno Metropolitan Flood Control District notice of requirements dated April 16,2010. b) The applicant/developer is required to pay a drainage fee of$10,763. 10)FRESNO IRRIGATION DISTRICT a) Comply with the attached Fresno Irrigation District memorandum dated June 16,2009. 11)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum dated June 18,2009. 12)US POSTAL SERVICE REQUIREMENTS a) Comply with the attached United States Postal Service memorandum dated June 24, 2009. 13)FRESNO UNIFIED SCHOOL DISTRICT a) School fees must be paid prior to issuance of building permits for this project. The proposed project site is located within the Fresno Unified School District. Provide proof of payment(or no fee required)prior to the issuance of building permits. 14)DISTRICT COMMITTEE a) The District 3 Plan Implementation Committee provided no comments. 15)SPECIFIC PLAN DESIGN REVIEW COMMITTEE a) On April 19, 2010, the Fulton/Lowell Specific Plan Project Review Committee reviewed and approved the project by a unanimous vote. 16)DOWNTOWN&COMMUNITY REVITALIZATION a) The project was reviewed and no comments were provided. 17)REDEVELOPMENT AGENCY OF THE CITY OF FRESNO a) Comply with the attached Redevelopment Agency memorandum dated April 9,2010. Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 17 18)FRESNO AREA EXPRESS(FAX) a) Comply with the attached response from Fresno Area Express dated August 7,2009. PART F-MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) Provide special ground level or commercial fagade treatment (e.g. store front awnings, planters, decorative tile work, ornamental exterior lighting, color/texture etc.) to enhance street level image of proposed project. 2) Design pedestrian and vehicular entrances, walkways, parking areas, open spaces, common facilities,structures and fencing to inhibit uncontrolled access by nonresidents and facilitate surveillance by residents, property managers and law enforcement or security personnel. 3) Provide additional bicycle parking spaces for the proposed project. 4) Provide a color and material schedule on the elevations for the exterior of all buildings and structures. 5) In order to enhance the overall street level visual appeal of the project, it is recommended that the project applicant/developer consider a design for the bus shelter that is compatible with the project proposal's building fagade. 6) Comply with the mitigation measures as detailed in the attached Project Specific Monitoring Checklist for Environmental Assessment No.C-09-122. 7) Screen all roof-mounted equipment from the view of public rights-of-way. Clearly depict the location of all heating and cooling equipment on Exhibit A. 8) If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately.(Include this note on the site plan.) 9) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded,and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application No.C-10-067 April 26,2010 Page 18 10)If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and,if the paleontologist determines the material to be significant,it shall be preserved.(Include this note on the site plan.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-2010\CUP\C-10-067,1759 Fulton St,Revised Fulton Village--McK\C-10-067 COA.docx