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HomeMy WebLinkAboutT-5994 - Conditions of Approval - 12/3/2013 °moi REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII.A. f`t7 COMMISSION MEETING: 12/07/11 December 07, 2011 DEPARTMENT DIRECTOR FROM: KEVIN FABINO, Planning Manager Development & Resource Management Deme THROUGH: MIKE SANCHEZ, Planning Manager Development Services Division BY: WILL TACKETT, Planner III ' Development Services Division SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-11-014; VESTING TENTATIVE TRACT MAP NO. 5994; AND, RELATED ENVIRONMENTAL ASSESSMENT NO. C-11-0141T-5994. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. AFFIRM Environmental Assessment No. C-11-014/T-5994, resulting in a finding of a Mitigated Negative Declaration dated June 07, 2011, which was prepared for the purposes of the proposed project and approved by the City Council on November 03, 2011. 2. APPROVE Conditional Use Permit Application No. C-11-014 requesting authorization for the development of a gated private street planned development with modified property development standards subject to the findings included within the Staff Report to the Planning Commission dated December 07, 2011; and, compliance with the Conditions of Approval dated December 07, 2011. Development of the property is proposed to include 28 two-story town home dwelling units consisting of 14 multiple dwelling (duplex) structures with attached garages. 3. APPROVE Vesting Tentative Tract Map No. 5994 proposing to subdivide the subject property for the purposes of creating 28 individual lots for the respective town home units which are proposed to be constructed within the proposed private street planned development, at an overall density of approximately 21.71 dwelling units per acre, subject to the findings included within the Staff Report to the Planning Commission dated December 07, 2011; and, compliance with the Conditions of Approval dated December 07, 2011. The tentative map also proposes to create on Outlot for common area purposes and the vacation of portions of adjacent public street rights-of-way. EXECUTIVE SUMMARY FFDA Properties, LLC., (Granville Homes) has filed Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994 pertaining to approximately 1.29 net acres (1.81 gross acres) of property located on the northerly corner of the intersection of"L" and San Joaquin Streets. Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994 propose to develop and subdivide the subject property for the purposes of creating a residential gated, private street, planned development with modified property development standards at an overall density of approximately 21.71 dwelling units per acre. The planned development is proposed to include 28 two- REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No, 5994 December 07, 2011 Page 2 story town home units, consisting of 14 multiple dwelling (duplex) structures with attached garages. The tentative map proposes to subdivide the subject property in order to create 28 individual lots for the respective town home units (one lot per unit) proposed to be constructed on the subject property. An additional "Outlot" is proposed to be dedicated for private street, parking, utility, drainage, open space, landscaping, and general common area purposes. The project also proposes the vacation of portions of adjacent public street rights-of-way and the demolition of two existing residential structures on the subject property. The subject property is currently zoned under the C-4 (Central Trading District) and C-P (Administrative and Professional Office) zone district classifications. 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 Central Area Commercial Mixed Use Level 2 planned land uses. Pursuant to Exhibit No. 8 (Central Area Land Use Association Matrix) of the Central Area Community Plan and Section 12-403-13-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing C-4 and C-P zone districts are consistent with the Central Area Commercial Mixed Use Level 2 planned land use designation. The proposed subdivision and development of the subject property in accordance with Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994 is considered to be in conformance with the 2025 Fresno General Plan, Central Area Community Plan, Fulton/Lowell Specific Plan, and Fulton Redevelopment Plan. PROJECT INFORMATION PROJECT Conditional Use Permit Application No. C-11-014 proposes to construct 28 two-story town home units, consisting of 14 multiple dwellings (duplex) structures within a gated private street planned development with modified property development standards at an overall density of approximately 21.71 dwelling units per acre. Vesting Tentative Tract Map No. 5994 proposes to subdivide the subject property for the purposes of creating 28 individual lots for the respective town home units (one lot per unit). The proposed project also includes vacations of portions of adjacent public street rights-of-way and the demolition of two existing structures on the subject property. APPLICANT FFDA Properties, LLC. (Granville Homes) LOCATION Northerly corner of the intersection of"L" and San Joaquin Streets. (Council District 3, Councilmember Baines) SITE SIZE Approximately 1.29 net acres (1.81 gross acres). PLANNED LAND USE Existing & Proposed - Central Area Commercial Mixed Use Level 2 REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 3 ZONING Existing & Proposed - CC=4 (Central Trading District); and, CC-P (Administrative and Professional Office District) PLAN DESIGNATION Pursuant to Exhibit No. 8 (Central Area Land Use Association Matrix) of AND CONSISTENCY the Central Area Community Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing C-4 (Central Trading) and C-P (Administrative and Professional Office) zone districts are consistent with the Central Area Commercial Mixed Use Level 2 planned land use designation. ENVIRONMENTAL Finding of a Mitigated Negative Declaration filed on June 07, 2011; FINDING adopted by the Historic Preservation Commission on June 27, 2011; and, upheldlapproved by the City Council on November 03, 2011. STAFF Recommend the Planning Commission): (1) Affirm the finding of a RECOMMENDATION Mitigated Negative Declaration for the proposed project; (2) Approve Conditional Use Permit Application No. C-11-014; and, (3) Approve Vesting Tentative Tract Map No. 5994. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North C_P Commercial Mixed Use Level 1 (Central Area) Administrative and Professional Office Residential & District & Commercial Mixed Use Level 2 C-4 Office (Central Area) Central Trading District East C-P Commercial Mixed Use Level 1 (Central Area) Administrative and Professional Office Residential & District & Commercial Mixed Use Level 2 C-4 Office (Central Area) Central Trading District South Commercial Mixed Use Level 2 C-4 Office (Central Area) Central Trading District West C-4 Residential Commercial Mixed Use Level 2 & (Central Area) Central Trading District Office REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 4 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. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Central Area Community Plan and Fulton/Lowell Specific Plan areas, including the Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and Mitigated Negative Declaration (MND) No. A-09-02 (SCH#2009051016). These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The proposed project has been determined to not 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 and MND No. A-09-02 have been applied to the project, together with project specific mitigation measures necessary 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 or MND No. A-09-02 as provided by CEQA Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, 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 a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. C-11-014/T-5994 was published on June 07, 2011. One of the extant structures on the subject property (The Crichton Home), which is proposed to be removed in order to facilitate the proposed project, is designated as a "Heritage Property", as defined within Section 12-1603(n) of the Fresno Municipal Code. Pursuant to Section 12-1619(a) of the Fresno Municipal Code, it shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore a Heritage Property without first obtaining a City permit and the written approval of the Historic Preservation Commission. On June 27, 2011 the City of Fresno Historic Preservation Commission considered and adopted the Mitigated Negative Declaration prepared for Environmental Assessment No. C-11-014/T-5994 and dated June 07, 2011 for the purposes approving a demolition permit for the proposed project. Prior to adoption of the Mitigated Negative Declaration the Historic Preservation Commission also found that REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 5 the Crichton Home does not fit within the definition of a Historical Resource under CEQA Guidelines Section 15064.5(x)(2) as it is not listed on the City's Local Register of Historic Resources; and, that the preponderance of the evidence demonstrates that the Crichton Home is not historically or culturally significant because it no longer meets the definition of a "Heritage Property" as a resource which is worthy of preservation pursuant to Section 12-1603(n) of the Fresno Municipal Code. Furthermore, at the same hearing, the Historic Preservation Commission elected not to exercise its discretion, pursuant to CEQA Guidelines, Section 15064.5(a)(3) or (4) to determine that any of the buildings on the subject property are historical resources. As approval by the Historic Preservation Commission of the proposal to demolish the existing structures on the subject property was the first discretionary action required to be made by the governmental agency in deciding whether and how to carry out or approve a project, the Mitigated Negative Declaration prepared for the proposed project was required to be considered and adopted by the Historic Preservation Commission in order to proceed. Thereafter, on June 30, 2011, the City filed with the Fresno County Clerk a Notice of Determination related to the Commission's approval of the Mitigated Negative Declaration and the demolition permit which commenced the 30 day statute of limitations for challenging the Historic Preservation Commission's actions based upon the California Environmental Quality Act. On August 01, 2011, attorney Susan Brandt-Hawley submitted a letter on behalf of the Citizens for the Restoration of L Street to the Mayor and City Council appealing the Historic Preservation Commission's action approving the Mitigated Negative Declaration for the Project in accordance with Public Resources Code Section 21151(c). Therefore, on November 03, 2011, the Council of the City of Fresno held a public hearing to consider the appeal regarding the Historic Preservation Commission's action on June 27, 2011. After a full and complete hearing the Council of the City of Fresno on a unanimous vote (7-0) resolved to: (1) Uphold the Historic Preservation Commission's finding that the Crichton Home does not fit within the definition of a historical resource under CEQA Guidelines Section 15064.5(a)(2), as it is not listed on the City's Local Register of Historic Resources and furthermore, found that even if the Crichton Home were on the Local Register, the preponderance of evidence demonstrates that the Crichton Home is not historically or culturally significant because it no longer meets the definition of a "Heritage Property" as a resource worthy of preservation, pursuant to FMC Section 12-1603(n), nor does it meet minimum standards of historical or cultural significance set forth in the Public Resources Code; (2) Elect not to exercise its discretion to determine that any of the existing buildings on the subject property are Historical Resources or that the area in which the subject property is located should be treated as a Historic District, and as such, a historical resource; and, (3) Uphold the action of the Historic Preservation Commission's approval of the environmental findings and determinations of the Mitigated Negative Declaration prepared for Environmental Assessment No. C-11-014/T-5994 dated June 06, 2011. Thereafter, on November 04, 2011, the City filed with the Fresno County Clerk a Notice of Determination related to the City Council's approval of the Mitigated Negative Declaration which commenced the 30 day statute of limitations for challenging the City Council's actions based upon the California Environmental Quality Act. Therefore, it is requested that the Planning Commission affirm the previous findings of the Historic Preservation Commission and Council of the City of Fresno for the proposed project with respect to CEQA. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 6 BACKGROUND/ ANALYSIS FFDA Properties, LLC., (Granville Homes) has filed Conditional Use Permit Application No. C-11-014, and Vesting Tentative Tract Map No. 5994 pertaining to approximately 1.29 net acres (1.81 gross acres) of property located on the northerly corner of the intersection of"L" and San Joaquin Streets. Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994 propose to develop and subdivide the subject property for the purposes of creating a residential gated, private street, planned development with modified property development standards at an overall density of approximately 21.71 dwelling units per acre. The planned development is proposed to include 28 two- story town home units, consisting of 14 multiple dwelling (duplex) structures with attached garages. The tentative map proposes to subdivide the subject property in order to create 28 individual lots for the respective town home units (one lot per unit) proposed to be constructed on the subject property. An additional "Outlot" is proposed to be dedicated for private street, parking, utility, drainage, open space, landscaping, and general common area purposes. The project also proposes the vacation of portions of adjacent public street rights-of-way and the demolition of two existing residential structures on the subject property. The subject property is currently zoned under the C-4 (Central Trading District) and C-P (Administrative and Professional Office) zone district classifications. 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 Central Area Commercial Mixed Use Level 2 planned land uses. Pursuant to Exhibit No. 8 (Central Area Land Use Association Matrix) of the Central Area Community Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing C-4 and C-P zone districts are consistent with the Central Area Commercial Mixed Use Level 2 planned land use designation. The subject property is bounded on the north by an alley, and residential, church and office uses opposite the alley fronting onto East Divisadero Street. Property to the east and west of the subject property have been developed with single family residences, some of which have been converted to office and public service/non-profit type uses. Properties to the south of the subject property, across San Joaquin Street have been developed with office uses and a nursing home (Hope Manor). The immediate area has been identified as having the potential for designation as an historic district but has never been so designated. Five properties located directly to the south and west of the subject property across"L" Street are designated historic resources. Land Use Plans and Policies Objective C-9 of the 2025 Fresno General Plan directs planning for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth, and should make efficient use of resources and public facilities. Supporting policy C-9-K & L recommends that Medium-High and High Density Residential uses shall be distributed to maximize utilization of available of planned public facilities and services and to provide housing opportunities with convenient access to employment, shopping, services, and transportation in a manner which is supportive of the City's activity centers, Objective C-10 of the 2025 Fresno General Plan promotes the development of more compact friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Supporting policy C-10-a recommends facilitating the construction of higher density single family residential development while maintaining a pleasant living environment. Policy C-10-d REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2019 Page 7 encourages the development of two-story homes as a means to conserve land, maintain open space on residential lots, and provide adequate living space. Similarly, the goals, policies and implementation actions of the Fulton/Lowell Specific Plan are directed toward: (1) Providing a safe, positive, and attractive residential environment that encourages neighborhood pride, identity, and active involvement from both residents and property owners in the Fulton/Lowell area; (2) Encouraging home ownership through financial incentive programs; and, (3) Improving the building and urban landscape character of residential neighborhoods and business districts in the Fulton/Lowell area to provide a positive, secure, and harmonious design image that is representative of the individual neighborhoods and districts. The Residential Design Guidelines of the Fulton/Lowell Specific Plan encourage: (1) The provision of front porches to help break up butldtng mass; (2) Front yard setbacks that encourage friendly neighborhood interaction; including shade trees, front porches, front seating areas, parking options that remove vehicles as the central feature of the front yard and streetscape; and, (3) Special treatment of sidewalks design modifications that encourage front yard use. The proposed project meets the goals, objectives and policies of the 2025 Fresno General Plan and Fulton/Lowell Specific Plan by providing a project which introduces higher density residential development in a manner which will maintain a pleasant living environment through reservation of adequate living spaces and protecting the integrity of adjacent neighborhoods. Furthermore, the project will provide 9 of the 28 units (approximately one-third) of the units for affordable to moderate income households for a period of 55 years providing incentive for home ownership. Design of the proposed project provides minimal front yard setbacks in a manner which captures private spaces while activating the street and encouraging interaction. Such measures are critical to the subject neighborhood which has too long suffered from neglect, lack of investment, and blight. Many of the homes in the neighborhood (including historic homes) have been lost due to vandalism and vacancy which has resulted in a lack of eyes on the streets and the presence of invested property owners to take pride and monitor the neighborhood. The proposed project introduces the potential for an elemental investment within the community that may foster identification, pride, and removal of blight while encouraging and incentivizing further investment. The close proximity of downtown amenities provides for a unique and diverse context, which the proposed project will complement and embellish. The proposed project facilitates comprehensive infill development through revitalization, sustainable development, construction of new infrastructure and improvements; and, the introduction of a diversity of housing types, which will further meet the needs of balanced urban growth. Therefore it is staff's opinion that the proposed project is consistent with respective general, community and specific plan objectives and policies. Furthermore, conditions of approval respective to the proposed project will assure compliance with the objectives and policies of the applicable plans. Streets and Access Points The subject property is located on the northerly corner of the intersection of "L" and San Joaquin Streets. Both of the adjacent segments of "L" and San Joaquin Streets are designated as local streets by the 2025 Fresno General Plan and Central Area Community Plan. The project proposes to vacate 9 feet of width from the adjacent public street rights-of-way for"L" Street; and, 4 feet of width from San Joaquin Street. The adjacent local street right-of-way sections have been dedicated at a width of 80 feet. Therefore, existing right-of-way widths are more than sufficient to REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 8 accommodate the proposed vacations and still provide a wider than normal local street cross section capable of serving the existing and projected traffic generation characteristics of the project and surrounding area. The proposed vacations will require transitions from the existing sidewalk and street patterns for adjacent rights-of-way. These transitions will include removal of existing curb, gutter and sidewalk, New curb and gutter will be constructed and a new monolithic sidewalk will be installed which transitions from the sidewalks with park strips that exist in front of adjacent properties. The sidewalk pattern width normally utilized to accommodate a park strip will be landscaped and incorporated behind the sidewalk and adjacent to the private property in order to provide additional area for the planting of street trees and enhanced landscape buffering to define and separate units from public spaces. The proposed project will be required to construct all frontage improvements to City Standards. This subdivision proposes one gated vehicular access point from San Joaquin Street. The interior private street has been proposed to provide a 22-foot wide private street section. No parking will be allowed within the 22-foot wide private street sections; private two-car garages will be provided for each unit and additional off-street visitor parking will be provided within the common area of proposed Outlot "A" of Vesting Tentative Tract Map No. 5994. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the Department of Public Works, Traffic and Engineering Services Division has assessed that the proposed 28 unit residential development is projected to generate 21 vehicle trips during the morning (7 to 9 a.m.) peak hour travel period and 28 vehicle trips during the evening (4 to 6 p.m.) peak hour travel period. The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the conditional use permit and vesting tentative tract map applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic and Engineering Services Division dated July 19, 2011. These requirements generally include: (1) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, and sidewalks, permanent pavement, and underground street lighting systems; and, (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Regional Transportation Mitigation (RTMF) Fee. 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 Services The Department of Public Utilities has determined that adequate sanitary sewer and water services are available to serve the project subject to the construction and extension of a public sewer main in San Joaquin Street; and, construction and extension of water mains within "L" and San Joaquin Streets as well as within North Park Avenue (to Divisadero Street) to Department of Public Works Standards, Specifications, and Policies.. Existing deteriorating and dated infrastructure will be abandoned. On-site services will be private. The proposed planned development is required to provide two independent sources of water, meeting Federal and State Drinking Water Act Standards and any on-site wells are required to be abandoned in compliance with the State of California Well, California Department of Water Quality and City of Fresno Standards. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No, C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 9 Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Furthermore, the proposed project is required to provide detailed water usage analyses identifying water use efficiencies that will be incorporated into the project for conservation purposes to offset demand. The City of Fresno Fire Department has conditioned the proposed project with requirements for accessibility. The provision of adequate fire flows is required per Public Works Standards; a booster pump may be required within the project for domestic and fire water uses within the multiple story buildings. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service is available for the development subject to the developer demonstrating, upon completion of street improvements, that runoff can be safely conveyed to the adjacent roadways. District Fees are also due for the subject property. Amendments or modifications to the FMFCD requirements will be required to be approved by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, prior to approval of the final map. Fulton/Lowell Specific Plan Implementation Committee The proposed project was reviewed and considered by the Fulton/Lowell Specific Plan Implementation Committee on July 18, 2011. At its meeting, and upon a unanimous vote (4-0), the Committee recommended approval of the proposed project. The only recommendation forwarded from the Committee was that the project developer should provide bolts within the proposed front porch areas so that prospective owners/tenants would have the ability to secure any patio furniture from potential theft. It should also be noted, that two public design charrettes were scheduled on the April 25" and May 23 Id Historic Preservation Commission agendas, which involved public participation and comments respective to the form and context sensitive design of the project. Findings Pursuant to Fresno Municipal Code Section 12-306-N-19 Whenever property zoned for C-P (Administrative and Professional Office District) is proposed to be developed solely with residential uses, the Director (or Planning Commission) shall make the following findings before the project may be approved. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-306-N-19. a. There shall be enough planned Office Commercial land to sufficiently meet the requirements of I adopted plans; and, REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 10 Finding The subject site is approximately 1.29 net acres in size and is located within the Downtown a: "Triangle" area. The majority of the downtown area is planned for Central Area Commercial Mixed Use Level 1 and 2 land uses. The Central Area Community Plan indicates that the City of Fresno Residential and Professional, and Administrative and Professional Office zone districts are both consistent with either of these planned land use designations; providing for a wide gamut of options and opportunities for office development within the downtown area. Furthermore, local office trend reports for the first quarter of 2011 indicate that while office vacancy rates are slowly declining, north Fresno submarkets continue to experience the greatest amount of activity and will be first to . j recover. While the suburban and combined rates have slowly began to level off, vacancy rate trends for the central business district continue to rise upward toward 15%. While vacancy rates will retreat as absorption increases, deficiency in supply to meet demand is i not projected for quite some time. There is sufficient Office Commercial land to sufficiently meet the requirements of adopted plans. b. There shall be sufficient infrastructure resources to meet the requirements of the project as determined by the Department of Public Utilities and the Public Works Department; and, Finding' I Staff from the Public Works and Public Utilities Departments, as well as the Fresno Metropolitan Flood Control District, have reviewed the proposed project and have determined that there are adequate infrastructure facilities and resources to serve the proposed project subject to satisfaction of the requirements included within the Conditions . of Approval prepared for Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994. - . ----- .... . -- -... -- - - c, Approval of a residential project in an Office Commercial land use designation must meet the goals and policies of adopted plans. 'Finding The proposed project is found to be consistent with the goals, objectives, and policies of c: the 2025 Fresno General Plan, Central Area Community Plan, and Fulton/Lowell Specific Plan. (See Land Use Plans and Policies section included herein above for further details respective to consistency with the respective plans.) Conditional Use Permit Findings Conditional Use Permit Application No. C-11-014 provides for the development of a 28-lot/unit, residential gated private street planned development with one Outlot proposed to be dedicated for private street, parking, utilities, drainage, open space, landscaping, and general common area purposes; and, modified property development standards at an overall density of approximately 21.71 dwelling units/per acre. The unit mix will consist of 14 three bedrooms, 2.5 bathroom units and 14 two bedroom master suites with a powder bath. Nine of the units will be designated affordable to moderate income households for a period of 55 years. Two-car garages are standard throughout the subdivision (excepting the manager unit). Both private and common landscaped open spaces are provided in association with the proposed dwelling units. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No, C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 11 FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Finding'^ The subject site is approximately 1.29 net acres in size. Given that the subject site has been proposed to be subdivided into 28 residential lots, in a manner which accommodates the minimum population density requirement of 1,500 square feet per unit and other applicable development standards and allowances of the Fresno Municipal Code, it may be determined that there is adequate space to meet all applicable requirements of the Code as established in the Special Permit conditions of approval- including yards, spaces, walls and fences, parking, landscaping and open spaces and other required features. __:.... -...L --- ...- I b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, Finding, Staff from the Public Works Department, Transportation Planning section has estimated that the proposed development will generate approximately 21 a.m./28 P�m. peak hour 1 vehicle trips which can be accommodated by the adjacent streets subject to the I improvement and respective dedications and vacations of adjacent portions of "L" and San I Joaquin Streets in accordance with the Department of Public Works and Public Utilities i memorandums referenced within the conditions of approval for the tentative map and conditional use permit. These requirements are necessary and sufficient for the traffic 1 generated by the project and to accommodate city services and meet the needs of the �roiposed subdivision. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding ! The staff of the Development and Resource Management Department has determined that c: ! the proposed use will not be detrimental to the public welfare or be injurious to property or i improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. _ .-.._....._......_ . .._ _ --_.. _.. .---- 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. Pursuant to Exhibit No. 8 (Central Area Land Use Association REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 12 Matrix) of the Central Area Community Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing C-4 (Central Trading) and C-P (Administrative and Professional Office) zone districts are consistent with the Central Area Commercial Mixed Use Level 2 planned land use designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval prepared will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the site is located within the downtown Fresno area, which has been substantially developed with urban uses. The subject property does not contain trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 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 proposed lots, which will maximize north-south facing buildings on the subject property. Furthermore, the design of the subdivision to provide for future passive and natural cooling opportunities will not result in reducing allowable densities or the percentages of lots, which may be occupied by building and/or structures. 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. Conclusion Action by the Planning Commission regarding Conditional Use Permit Application No. C-11-014 is final unless appealed in accordance with Section 12-406-J of the FMC. Vesting Tentative Tract Map No. 5997/UGM is final unless appealed in accordance with Section 12-1019 of the FMC. 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, Fulton Redevelopment Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Conditional Use Permit Application No. C-11-014 and Vesting Tentative Tract Map No. 5994 are appropriate for the project site. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-014 Vesting Tentative Tract Map No. 5994 December 07, 2011 Page 13 Attachments: Vicinity Map 2011 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map 2025 Fresno General Plan Planned Land Use Map Vesting Tentative Tract Map No. T-5994 dated April 01, 2011 Conditional Use Permit Application No. C-11-014 Exhibits dated June 17, 2011 Conditions of Approval for T-5994, dated December 07, 2011 Conditions of Approval for Conditional Use Permit Application No. C-11-014 dated December 07, 2011 Associated memoranda from responsible or commenting agencies respective to Conditions of Approval for Vesting Tentative Tract Map No. 5994 and Conditional Use Permit Application No. C-11-014.. Environmental Assessment No. C-11-014/T-5994, finding of a Mitigated Negative Declaration dated June 06, 2011. Gly of �►I W.TACKETT PLANNING&DEVELOPMENT DEPARTMENT 2600 FRESNO S'fREET FRESNO,CA. 93721-3604 THIS IS A LEGAL NOTICE Conditional Use Permit Application No.C-11-014 Vesting Tentative Tract Map No.5994 Northerly corner of'L'and San Joaquin Streets - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VICINITY MAPLLL N LE E A _ -- I�Aoq-w—m U�V--d E , NDIVISACeW - -— TE!]NISAY rf LEGEND Subject Property ' {' Q ''P` r % f jo r t �.. .'r t: ft •a It 2 p � rt +1►�r x � �i t ��.11 •_ _ '7 `•�� `� , � ` 'fir 45wiate; a�w�4uc 45$31222 45931207 415932112 58 4321 46931417 45931467 4563,xz1 45931208 45923307T 45932121 45931209 w W 411!}«i1416 4MI409 � 466321 411220 Q Q 46932109 - 45931210 �c 4SM1.41S -- - 45934219 a a 45931409 459321 �.111 45931414 49932111B 1 y 48931211 Z z _ - "a�w 4593121SS n �Q� z 45SW03T 1S9S1410 z 7J ��'S�4 t21T-�' v ATT212 4593131YT 45992id7 + _I '1�" _ 70 45931216 �yy;71 1445931213 45931412 45931411 45 114T IZ 931415 — _ -E'VOORMANAVE f VOORNSAN AVE 45931319Yl 45931605 qq ro w a� ` 45931909 4�1g 4593 �f • I E DIVISADERO ST r `° ya 46610332 �+ N w q Aby13 { 46910331 46610326 0 0 bt % 46613116 \ 46610302 Oi1` ,q � P66 'fP7 'i \� �.` ti \ 1 \ PSP ti� a661�tio IN ry1� Nom' tip s�� 1 X10 09 �t lr� � ►1° _ I 4qo' \ 46614403 46614212 -• w 3AV 3NOIS'AOV S N G D - ILI a 'L Q i !V � o Ln Ln i •c° � � N X -� o. yLO PJ Z Z topp o I Li a p �tJ ..nr dd:did d o�.A a i^pp iiiTi�ii L I it a I 1 �,esc 1� C II.] I I I uy I I I as q�77N � d d� II I b ' f � _� � i i•.i e.} e PI� I �1 t �', OA —__ N F�•�� i��r �E � .• j Z°� F- �Y� J -40 0 O d°>w • N °�to yd i i Gz Y•15 T 1 ,}°Pa b f 4 � I 11 I !_y N I �l N 0 v � 00©Or O Pj z a -- 3x.7 6 g f yx�gY���Y�& � o�gp�Y�� �� .. . , ,•�..v_ ..--_,._y.,i: I� � 1� � � 'l yL{ . yt yy a`f I yy�f, a Y 3 1y LYtjF r !Y E r€ Ta!e�d�5� � .•.ma ww, i ; I —. �(Y��� I' :..� 116SS „n JL- 00 b i.. .. l�yyY 44 ��••LL l _ . ; -. yyF LJ p • i — Yf4GL}A, it, ,J _ Fx�ie V F yySV�S i"Y y�'? ? _ .,tl-al' tP7m ! 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D 7DE^ TA 1A L CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL DECEMBER 07, 2011 VESTING TENTATIVE TRACT MAP NO. 5994 "A PLANNED DEVELOPMENT" NORTHERLY CORNER OF THE INTERSECTION OF"L"AND SAN JOAQUIN 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. 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 (please see section related to Development Fees and Charges included herein below for further information). GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5994, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No. C-11-014. 2. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 3. Submit grading plans and a soils report to the City of Fresno Development and Resource Management 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. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 2 of 12 5. 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. 6. 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 paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 7. 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. 8. 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. 9. -rhe subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. 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 11. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 3 of 12 I) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement—New Construction Form. 12. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. a) Demolition of any structures located on the subject property shall occur in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-11-014. 13. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 14. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 15. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 16. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 4 of 12 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. MITIGATION MONITORING REQUIREMENTS 17, Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for the proposed project dated June 06, 2011. a) The mitigated negative declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130. In addition to the project specific mitigation measures identified within the mitigated negative declaration prepared for the proposed project, development of the subject property shall also be subject to implementation of all applicable mitigation measures included within the NIEIR for subsequent projects; included herein by reference. ZONING & PROPERTY DEVELOPMENT STANDARDS 18. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 5994 is contingent upon approval of Conditional Use Permit Application No. C-11-014; authorizing the planned development of the subject property. 19. The subject property is zoned under the C-4 (Central Trading) and C-P (Administrative and Professional Office) zone district classifications. Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective C-4 and C-P zone districts except as may be modified herein pursuant to Conditional Use Permit Application No. C-11-014. 20. The proposed map/subdivision boundary does not conform to record information. A Lot Line Adjustment is required to establish the proposed boundary configuration prior to recordation of a Final Map. a) A Lot Line Adjustment application shall be approved through the Development and Resource Management Department and perfected prior to recordation of a Final Map. 21. Proposed Outlot "A" of Vesting Tentative Tract Map No. 5994 shall be utilized for common area purposes including: walkways; private street roadways; parking areas; solid waste enclosures; open spaces; public utilities; drainage; and, related appurtenant facilities in accordance with the Conditions of Approval for C-11-014. a) Pursuant to Section 12-1011(f)(6) of the FMC, every lot shall abut on a public street, except where adequate internal circulation is provided by a private street, or streets in an approved planned development. i) Development of the subject property has been proposed as a planned development with common access, utilities, facilities, and improvements, which will traverse proposed property lines and/or be required to be shared in order to Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 5 of 12 facilitate the proposed subdivision of the subject property. 22. 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 Lot Area and Dimensions 23. Pursuant to Section 12-306-N-21 of the FMC the Director of the Development and Resource Management Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 5994. Building Setbacks 24. Building setbacks shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit[s] "A") for Conditional Use Permit Application No. C-11-014. Fences, Hedges &Walls 25. Fences Hedges and Walls shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit[s] "A") for Conditional Use Permit Application No. C-11-014. LANDSCAPING AND OPEN SPACE 26. Landscaping and open space shall be provided in accordance with the Conditions of Approval and Exhibit(s) "A" & "L" for Conditional Use Permit Application No. C-11-014. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 6 of 12 27. All proposed landscaped open spaces, pedestrian connections, entryways, and pathways, etc., shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Development and Resource Management Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. 28. Maintenance of all Outlots proposed within the boundary of Vesting Tentative Tract Map No. 5994 shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development & Resource Management and Public Works Departments. 29. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all solid walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development & Resource Management and Public Works Departments. 30. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 31. Comply with all of the Street Tree and Maintenance requirements included within the Department of Public Works, Streets Division memorandum from the Parks Supervisor dated March 15, 2011; with the following exceptions: a) Based upon the proposed front yard setbacks of proposed residential units, street trees may not be required to be planted within a 10-foot Public Planting and Utility Easement. Locations of street trees for the proposed project shall be approved by the Department of Public Works, Parks Supervisor prior to issuance of a street tree planting permit or prior to approval of landscape plans, which are required to be submitted to serve as a street tree planting permit for on-site trees, which may alternatively be planted outside of street rights-of-way and within ten feet of the back of the sidewalk. STREETS AND RIGHTS-OF-WAY 32. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 33. Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated July 19, 2011; and, the following: Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 7 of 12 a) In accordance with City Council Resolution No. 2010-280, the proposed project shall provide sidewalks on both sides of private streets; or as an alternative, the applicant may submit a Pedestrian Access Plan. i) The alternative pedestrian access plan shall be provided in accordance with Exhibit "A" and the Conditions of Approval for Conditional Use Permit Application No. C-11-014 and Policy E-1-o of the 2025 Fresno General Plan. NOTE: The pedestrian access plan shall be included as an element of a conditional use permit as required for a planned development, and approval shall be contained within the entitlement submitted. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project is an 8-inch main located in North San Pablo Avenue. The following sewer conditions shall be required prior to providing City sewer service to the project: 34. Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated March 25, 2011. WATER SERVICE The following water improvements shall be required prior to providing City water service to the project: 35. Comply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandum dated August 16, 2011. SOLID WASTE SERVICE This tract will be serviced as Multi-Family Residential bin service, subject to the following conditions: 36. Comply with all of the requirements included within the attached Department of Public Utilities, Solid Waste Division memorandum dated April 12, 2011. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 37. Comply with all of the requirements included within the attached Fresno Fire Department memorandum dated April 04, 2011. FLOOD CONTROL AND DRAINAGE 38. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Development and Resource Management Department dated April 12, 2011. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 8 of 12 COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 39. Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated April 06, 2011. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 40. Comply with all of the requirements included within the attached San Joaquin Valley Air Pollution Control District (SJVAPCD) memorandum dated March 14, 2011. a) The subdivider/developer shall comply with all regulations and rules applicable to the development of the subject property in accordance with SJVAPCD requirements. • NOTE: These rules and regulations may include, but not be limited to, compliance with Regulation VIII for the control of particulate matter and fugitive dust during construction of this project and Rule 8060 for the control of fugitive dust from paved and unpaved roads. REDEVELOPMENT AGENCY OF THE CITY OF FRESNO 41. Comply with all requirements included within the attached City of Fresno Redevelopment Agency memorandum dated March 18, 2011. FRESNO UNIFIED SCHOOL DISTRICT 42. Attached for the subdivider's records and/or consideration is the memorandum from Fresno Unified School District dated March 11, 2011. RIGHT-OF-WAY ACQUISITION 43. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 44. 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. 45. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, 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. 46. 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. Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 9 of 12 47. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, 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 48. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. 49. Comply with all the requirements included within the attached Public Works Department, Traffic and Engineering Service memorandum dated July 19, 2011 respective to Landscape and Feature Maintenance and the following: a) If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. • NOTE: Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (tWlfwww.fresno_Qav) under the Public Works Department Developer Doorway. b) Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Where applicable, this shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. • NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require that landscape and irrigation plans be submitted with landscape buffer plans for approval prior to inclusion into the CFD. c) Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be technically correct. d) If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 55. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 10 of 12 management mechanism which provides for the maintenance of these items in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. a) The subdivider shall establish a Home Owners' Association (or other approved mechanism) to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein, shall among other things, 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: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then 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. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated September 01, 1994. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: FLOOD CONTROL CHARGES FEE RATE a. FMFCD Drainage Fee $7,500.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10Isq. 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 Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 11 of 12 WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Fee [2] N/A Service Area: I. Well Head Treatment Fee [2] N/A Service Area: m. Recharge Fee [2] N/A Service Area: n. 1994 Bond Debt Service [1] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee — Citywide [4] Residential, Multi Family $439.00/living unit Commercial $236.00/1000 sq. ft. 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 Vesting Tentative Tract Map No. T-5994 December 07, 2011 Page 12 of 12 Notes: 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. Please see the attached memorandum from the Fresno Metropolitan Flood Control District (FMFCD) for further information regarding considerations which may affect the fee obligation(s)or the timing or form of fee payment. 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. (The requirement to pay this fee is currently suspended by Fresno County. However, payment of this fee may be required if the fee has been reinstated at the time of issuance of building permits on the subject property.) The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. *" Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. 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. GROwi'H COORDINATOR UNITED STATES POSTAL SERVICE V NI TED STATES A-MawPOST/1L SERVICE MARCH 11, 2011 To the City of Fresno—Planning and Development Department. It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction, The Mode of Delivery Agreement(must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map(with address detail) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. Sincerely, Cathy S. Mlles New Growth Coordinator 559 44042.61 755 F Nee:Ave FRf:,.-,;;�,CA4312.0-2;96 FAX X59.440.4281 ODE OF 5ELIMY AGREEMENTCONSTR OCTFCM United States Postal Service - Sacramento District Pri�Ject lrifgrmatign :,. Name of Project: ZIP CODE: Location: Delivered#Deliveries: Route Type/Number Unit/OTtICe: City# Rural# Corarad-# ro a D�(errnini;d Estimated Delivery Gate(Month and Year)' USPS Contact In ormaflon Cuntact Made By. =Date: Telephone M Builder/Developer Contact Int onna-_dn Name: Title: Phone: Firm: Address: Equ, n TYPE OF PROJECT _ TYPE&QUANTITY OF EQUIPMENT check Centralized Non-Cenfialized type Deliveries Floors QTY Equipment CITY Equipment Office Bid . CBU Type 1 8 Curbside 2/ os, _ Sho in /Strip Mall _ ___ CBU Type-II (12) _^ Curbside 31post A t. /Condo _ CDU T pe IIIl(16) Curbside 4/Dost I'ownhornes _ CBU Type IV(13 Other(S(ecif� Modular go;aies Wallmount Std4C Sin le Fanjt_ Parcel Lockers -- Other(Specify) ,Oro,,asei'lOta Ilotion R'6' polislbll ty XOwner l Developer _�U.S.f'.S. Other: See Cammen(s esus>. a R�§ onsl 1f '__j� ^)Owner/Developer �_�U.S.P,S See Comments Comments: See attached males for desiynaied locatlons. ( \r )builder/DeveloperlPropoIly Ovmer understands that he/she must comply with USPS Cement Pad 5pccifications.Copy piov ded. This Agreement will document that the builder/developer will purchase and install the ceMra4ized delivery equipment as indicatod above at the specified locations. Locations must be clearly designated on plat maps provided by the builder or dovelopei Any changas must be approved jointly by both undersigned individuals USPS REPRESENTATIVE: PROPERTY OWNER/DEVELOPER/MANAGER: Nam_o: Cathy Gilles 'Name: Title. Growth Coordinator "Title: Signature: Date: "Signature: Date- Phone#559-440-4267 "Telephone#. FAX#559-440-4266 "FAX#: DDS I"RICT Ar'PROVAU DAVE: MODE OF DELIVERY AGREEMENT.xlsl1/16/2010 raga 1 DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Streets Division DATE: March 15, 2011 REVISED 4/17/11 SUBJECT: Tract 5994 (APN: 466-103-04; 09; 10; 12; 29) located on the northwest corner of the intersection of"L" and San Joaquin Streets, The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary G. Gianetta., on engineering plans dated March 3, 2011 for Granville Homes/FFDA Properties, LLC. 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 for each 24' of street frontage as per the Downtown Plan, by the Developer. The subdivider 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. The Preliminary Landscape Plan by Lynn Hays Kyle, dated January 31, 2011 proposes nine (9) 4' x 6' tree wells on "L" Street and six (6) 4' x 6' tree wells on San Joaquin Street with Arbutus x 'Marina' as the street tree on both streets. There has been some discussion concerning the sidewalk pattern on 'L' Street as to whether or not it will be a 14'or 10'pattern. Traffic Engineering is only requirement the 10' pattern. There is also some question as to whether or not there will be tree wells or a parkstrip on San Joaquin St. The landscape/irrigation plans will need to match the street plans once they are approved. The designated street trees for both "L" and San Joaquin Streets are: Zelkova serrata 'Wireless' Sawleaf Zelkova alternating with: Elaeocarpus decipiens Japanese Blueberry Tree 2. Street Tree Planting by Developer: Tree planting shall be within a 10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 24' of public street frontage. There are approximately 405 lineal feet of street frontage along "L" Street resulting in the requirement of seventeen (17) street trees. There are approximately 220 lineal feet of street frontage along San Joaquin Street resulting in the requirement of nine (9) street trees. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in a Community Facilities District or by forming a Home Owner's Association. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code and AB 1881 regarding Water Efficient Landscaping. D. The water meter(s) serving tree wells shall be sized for the anticipated service flows, E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City- controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. City of CQctt�■ \V DATE: ApF 'r—.2. L2Q 11 July, 19,2011 Revision TO: Will Tackett, Planner III Development and Resource Management Department THROUGH: Bryan Jones, TE, PTP,AICP City Traffic Engineer, Division Manager Public Works Department, Traffic 8 Engineering Services Division FROM: Louise Gilio,Traffic Planning Supervisor Public Works Department, Traffic 8 Engineering Services Division SUBJECT: Public Works Conditions of Approval TT 5994/C-11-0141702 L Street FFDA Properties, LLC/Gary G. Giannetta The Public Works Department, Traffic and Engineering Services Division, 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. Provide the following information on the tentative map and/or complete the following: 1. Provide the proposed street elevations for L Street and San Joaquin StreetrP for to the Final Map. 2. 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 of Fresno Public Works Department, Traffic and Engineering Services Division,(559)621-8693. Encroachment permits must be approved prior to Final Map. 3. See the required corrections noted on Exhibit A of C-11-014. Provide a revised exhibit prior to the Planning Commission Hearing. Provide a smooth transition that meets the City's minimum requirements for pedestrians at both ends of the project. 4. The parcel configuration depicted for the proposed development does not conform to record information: a Lot Line Adiustment is required to establish this configuration REja to Final Map. Contact the Planning and Development Department for details or submit a revised exhibit confining the proposed development within existing parcel lines. General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 3. Intelligent Transportation Systems(ITS): Street work on major streets shall be designed to include ITS in accordance with the Public Works ITS Specifications,where not existing. 4. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The soils Investigation report shall be submitted to the Public Works Department for review and approval.The subdivider must obtain Public Works approval of the soils investigation report and complete any mitigation work identified by the soils investigation Page 1 of 4 Tffraffic Planning\TRACT MAPS\5900\T-5994 SAN JOAQUIN AND L\T-5994 L ST&SAN JOAQUIN revision.doc prior to subdivider's submittal of the Final Map to the Development Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 5. Plan Submittal:Submit the following plans,as applicable, in a single package, to the Development and Resource Management Department for review and approval: Street: construction, signing, striping, traffic signal and streetlight and Trail: construction, grading, lighting, striping, signing, landscape and irrigation. 6. Street widening and transitions shall also include utility relocations and necessary dedications. Frontage Improvement Requirements: Public Streets: L Street: Local a,- Remove existing and construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. ideetial sidewalk p Ruhli.+WeFka StandaFd{7_6.'7 A_2' PedeGIi an-EasemeRt is Faqui ea ldeA4y-w.the p. 2. If not existing,construct 20'of permanent paving(measured from face of curb)within the limits of this sub-division. Transition paving, as needed. 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. ^. Relinq ' ,',I,;;.'�T�bdivisier+ San Joaquin Street: Local 1. 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. Interior Streets: Private Construct sidewalks on both sides of the street or as otherwise required by a pedestrian access plan approved by the City of Fresno, in accordance with Resolution No. 2010-280. Specific Mitigation Requirements: This tract will generate 21 a.m./28 p.m. peak hour trips;therefore, a Traffic Impact Study(TIS) is not required.ThiAwA-c�FdminclUd WHMU-@"wo-petats of-vehicular . 1. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the final map. See Alan James'comments. 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 single family units(fee rate as shown in the Master Fee Schedule). Page 2 of 4 TATraHic Planning\TRACT MAPS\5900\T-5994 SAN JOAQUIN AND L\T-5994 L ST&SAN JOAQUIN revision.doc 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 Maior Street Impact(FMSI) Fee : This Map is in the Infill Area; therefore pay all applicable City-wide regional street impact fees. Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559)233-4148 ext. 200; www fresnocoy.oro. Provide proof of payment or exemption prior to issuance of building permits. Landscape and Feature Maintenance: (within the boundary of the subdivision and adjacent to the remainders) 1. The owner/developer shall be responsible for the long term maintenance and operating costs of all the items listed below: a. Landscapino and Irrigation systems within: • Street right-of-ways, landscape easements, trail easements and outlots. Some of these items include, but are not limited to the following: one half of median islands(in Major Streets), parkways, buffers,trails, median island entry treatments, street trees, paseos and open spaces. All outlots used for open spaces shall be dedicated to the City of Fresno in fee. b. Feature Improvements: • Major Streets: median islands, sidewalk, decorative concrete, curb, gutter, street furniture, street lights, hardscapes and special features within trails and outlots. • Local Streets: paving, median islands, sidewalk, decorative concrete, curb, gutter, valley gutter, street lights, street signs, street furniture, pilasters, hardscapes and special features within trails and outlots • Optional Features: Items not listed above shall be submitted in writing to the Public Works Department for review and approval. 2. The developer/owner shall do one or both of the following: a. Place the above items into a Community Facilities District(CFD) -An Annexation Request Package shall be submitted to the Public Works Department to be reviewed for acceptance. Any special features requested require Public Works Department approval prior to acceptance. If you have any questions contact Traffic and Engineering Services Division at (559)621-8690. —AND/OR- b. If the Council or property owner/developer chooses not to include all of the items or certain Page 3 of 4 Tffraffic Planning\TRACT MAPS\5900\T-5994 SAN JOAQUIN AND L\T-5994 L ST&SAN JOAQUIN revision.doc items listed in a CFD, the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for the maintenance of such items, Contact the Development and Resource Management Department at(559)621-8277. Page 4 of 4 T;\Traffic Planning\TRACT MAPS\5900\T-5994 SAN JOAQUIN AND L\T-5994 L ST&SAN JOAQUIN revision,doc N. n uJ coil CL .dfill LL, °I4! �•�.�ply'�6Q � 3 t r@ �_� � IfI � � N�a � s °d Al, gg i — 4a3 'ga i s qbj■n@PP �' a�:elrt' ;—._.3 ;__ T � ._..,�,���,. �� �Y����111 Irle'��yy 9t�Y pp3 P ,�-m n-ir i Iran usl i WAR er'sl � I �� I� r7 I �� ! Will g 1 f rrs mel M*& ww. e w WM 14 5 I r .. i fly iIIg _J._._. tl I Oil ��� I I Ii its �Fglmill t ! P� a eIiF� �ipW"�8I2 y�@iStS� ��'8�p•i}°�C'�?�'iQ° P! 1 ; �{;. - qr l�gl�� a!•ia� �'d(I'B �t�f��r1r!6� ����tri � [� ' 7 j ii �3 it �,�t.i:c�vLy 7000�ia4■ �ef:Y50iY l�yeQ!y �a} pQlr1 ' I 5 !,EyI � yy Y� p QQ e its}l51��pii 9 i �i i I !� ����� y3 �BY•��,M �e �� 4tY , �yii(�lllylyy �i I} I•� ;; I I 11 a� 1a�� �i`e t 95Y iP°1_a1111119t lie Ja �11,I i CN ;" - a11Qr1@7.`'�1715[�.3 e City of 111I� 3 DPU DEPARTMENT OF PUBLIC UTILITIES Date: March 25, 2011 Providing zIM's t:ssentiat Senates To: WILL TACKETT, Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Techniciai& Department of Public Utilities, Planning and Engineering Division Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5994 & CONDITIONAL USE PERMIT 11-014 General T-5994&C-11-014 were filed by Jeffrey Roberts, on behalf of Granville Homes, Inc., GV Urban, and pertain to 1.29 acres of property located on the northeast corner of L and San Joaquin Streets in downtown Fresno, 1702 L Street, APN 466-103-04, 09, 10, 12, 29. T-5994 proposes to subdivide the property into a planned unit development of 28 single family residential two story townhouse units consisting of 12 two story duplex or triplex buildings. C-11-014 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. All 28 residential units are proposed to have an attached two-car garage, and there will be 7 on-site parking stalls and 34 off-site diagonal parking stalls. Sanitary Sewer Service The nearest sanitary sewer main to serve the proposed project is an 8-inch main located in North San Pablo Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Construct an 8-inch sanitary sewer main in San Joaquin Street from the existing 8-inch main located in North San Pablo Avenue southwest across the project frontage. 2. On-site sanitary sewer facilities shall be private. 3. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 4. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. 5. The Project Developer shall contact Wastewater Management Division/Environmental Services at(559)621-5100 prior to pulling building permits regarding conditions of service for special users. i Sanitary Sever Fees The following Sewer Connection Charges are due and shall be paid for the Project: t. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Wastewater Facilities Charge (Residential Only) City of rRE � 1 10 rgau DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION %pc wm PrMdinq tffet EuftbW Services DATE: August 16, 2011 TO: WILL TACKETT, Planner III Development and Resource Management Department—Current Planning Division FROM: MICHAEL CARBAJAL, Chief Engineering Technician , Department of Public Utilities—Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT NO. 5994 AND CONDITIONAL USE PERMIT NO.C-11-014 General T-5994 & C-11-014 were filed by Jeffrey Roberts, on behalf of Granville Homes, Inc., GV Urban, and pertain to 1.29 acres of property located on the northeast comer of L and San Joaquin Streets in downtown Fresno, 1702 L Street, APN 466-103-04, 09, 10, 12, 29. T-5994 proposes to subdivide the property into a planned unit development of 28 single family residential two story townhouse units consisting of 12 two story duplex or triplex buildings. C-11-014 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. All 28 residential units are proposed to have an attached two-car garage, and there will be 7 on-site parking stalls and 34 off-site diagonal parking stalls. Water Service The following water improvements shall be required prior to providing City water service to the project: 1. Construct an 8-inch water main (including installation of City fire hydrants) from the existing 8-inch main located in San Joaquin Street at the L-M Alley southwest in San Joaquin Street to 'L' Street, northwest in 'L' Street to North Park Avenue, then north connecting to the existing 8-inch main in East Divisadero Street. The developer shall pay one hundred percent of the cost to construct the 8-inch main where no water main exists along the frontage of the tract. The City shall reimburse the developer for the construction of the 8-inch main that will replace the existing 6-Inch water main in 'L' Street and North Park Avenue. The developer shall construct all improvements under this condition and shall be reimbursed by a Developer Reimbursement Agreement. The Developer and City staff have agreed to the terms of the reimbursement agreement which shall be subject to City Council approval In its sole discretion. 2. Abandon the existing 6-inch water mains located in 'L' Street and North Park Avenue. 3. Separate water services with meters shall be provided to each lot created. 4. Provide water service to the existing building to remain at 1768 'L' Street. 5. On-site water facilities shall be private. 6. Seal and abandon any existing on-site well 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. 7. The developer shall provide a detailed water usage analysis identifying water fixture, landscape, and laundry efficiencies to document water conservation design characteristics, subject to approval by the Director of Public Utilities. 8. The development 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. 9. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Water System. Depict neighboring parcels and proposed plans for their continued service. 10.All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s), water service(s) and/or meter(s) installation(s). City of LdCL mh1", ir F1 Fm"v-J M%d6i DEPARTMENT OF PUBLIC UTILITIES April 12, 2011 TO: Will Tackett,Planner III Development Department,Planning Division FROM: Chris Weibert, Management Analyst II r Department of Public Utilities,Administration SUBJECT: TT 5994&C-11-014, Solid Waste Conditions of Approval Location: Northeast comer of L Street and San Joaquin Street(APN 466-103-04,09, 10, 12, 29) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5994 & C-11-014 that was submitted by Gary G. Giannetta Civil Engineering and Land Surveying, on behalf of FFDA Properties, LLC. The following requirements and conditions are to be placed on this vesting tentative tract map and conditional use permit as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5994 will be serviced as Multi-Family Residential bin service. • Developer shall provide a minimum of one 2-cell trash enclosure constructed to current standards. The developer shall provide signage to clearly identify all recycling or solid waste collection and the materials accepted therein. • Owner shall provide a minimum of 14 cubic yards of solid waste and recycling services per week. • The enclosure shall be level with the adjoining roadway(with no ramps,slopes, etc.). • There will be no separate billing for Solid Waste services. The City of Fresno shall be provided with the name and address of a property management company or homeowners association for billing purposes. Conditions of Approval n5994&C-I 1-014.docx i' 1 ;f i FIRE DEPARTMENT Date: April 04, 201 1 To: WILL, TACKETT, Planner 11 Planning and Development Department , Advance Planning From: MIKE, SCHMIDT, Supervising Fire Prevention Inspector Fire Department, Fire Prevention & Investigative Services Subject: T-5994 & C-I 1-014 were filed by Jeffrey Roberts, on behalf of Granville Homes, Inc., GV Urban, and pertain to 1.29 acres of property located on the northeast corner of I_ and San Joaquin Streets in downtown Fresno, 1702 L Street, APN 466-103-04, 09, 10, 12, 29. T-5994 proposes to subdivide the property into a planned unit development of 28 single family residential two story townhouse units consisting of' 12 two story duplex or triplex buildings. C-11-014 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. All 28 residential units are proposed to have an attached two-car garage, and there will be 7 on-site parking stalls and 34 off-site diagonal parking stalls. General All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private driveway. All private streets and driveways that are provided for common access and are required for Fire Department access shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. Streets highlighted on the plan shall be identified as fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3" white letters every 50 feet or approved signs every 50 feet). Provide sign(s) (17" X 22" minimum) at all public entrance drives to the property "Warning- Vehicles stopped, parked or left standing; in fire lanes will be immediately removed at owner's expense - 22658 California Vehicle Code - Fresno Police Department 621-2300." All gates on common access drives shall be equipped with approved Police/fire bypass locks (BF"ST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Fite No.210.45 NOTICE OF REQUIREMENTS Page L of 4 PUBLIC AGENCY DEVELOPER WILL TACKETT JEFF ROBERTS,GRANVILLE[-TOMES MR DEVELOPMENT SERVICES/PLANNING 1396 W.HERNDON AVE.,SUITE 101 CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET,ROOM 3043 FRESNO, CA 93721-3604 PROJECT NO: 5994 ADDRESS: 1702 "L" STREET / / APN: 466-103-04,09T, 10T,.29T SENT: 4 `s `� Drainage Area(s) Preliminary Fee(s) I !rr FF $7,500.00 TOTAL FEE: $7,500.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act.The District in cooperation with the City and County has developed and adopted the Stonn Drainage and Flood O Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the � drainage related CF-QA/NF-PA 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. Fees may be calculated based on the actual percentage of runoffif different than that typical for the zone district under b.) 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. The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee d') obligation. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement e') will be made for the excess costs from future fees collected by the District From other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f.) 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 ADJACENT ROADWAYS. b. Grading and drainage patterns shall be as identified on Exhibit No. 5409 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 C. The grading and drainage patterns shown on the site plan conform to the adopted Storin Drainage and Flood Control Master Plan. Mn 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities O 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. I as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER", x None required. 3. The following finat improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan Storm Drain Plan Water&Sewer Plan X Final Map Z Other O None Required 4. Availability of drainage facilities: Permanent drainage service is available provided the developer can verify to the satisfaction of the City X a, 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 perinanent drainage service. C. Permanent drainage service will not be available. The District recommends teinporaly facilities until permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, 6, 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. 5469 E.OLIVE-FRESNO,CA 93727-(559)456.3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 7. The Federal Clean Waler Act and the State General Permits for Storn Water Discharges Associated with Construction and Industrial Activities(State General Permits) require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting,to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated cluring construction,and to those which may be generated by operalions 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 permil 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 ivTPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and O 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. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storrn Water Quality Management Construction and Post-Construction Guidelines(available at the District Office) to meet the requfreinents of the State General Permits, eliminate the potential for non-store water to enter the municipal storm drain system.and where possible minimize contact with materials which may contaminate storm water runoff. S. 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 Rick yons District Engineer Project Engineer 5469 L'.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS llagc 4 of 4 CC: GARY GIANNETTA 1119"S"STREET ----------- --------- ------------- FRESNO,CA 93721 ................ ----------......................... ... ..............— O ■ 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292,FAX(559)456-3194 OTHER REQUIREMENTS EXHIBIT NO. 2 No surface runoff shall be directed towards the alley. 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. Development No. Tract 5994 Upermits\exItibit2\1ricts\5994.docx(ri) co County of Fresno Department of Public Health Edward L. Moreno, M.D.,M.P.H.,Director-Health Officer 0 1856 0 FRES April 6, 2011 999999999 L00015977 Will Tackett PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: T-5994, C-11-014 Vesting Tentative Map of Tract No. 5994 and Conditional Use Permit Application No. C-11-014 was filed by Jeffrey Roberts, on behalf of Granville Homes, Inc./GV Urban, and pertain to 1.29 acres of property located on the northeast corner of L and San Joaquin Streets in downtown Fresno.Vesting Tentative Map of Tract No. 5994 proposes to subdivide the property into a planned unit development of 28 single family residential two story townhouse units consisting of 12 two-story duplex or triplex buildings. Conditional Use Permit Application No. C-11-014 proposes a gated planned unit development with private streets and modified property development standards(lot area, lot dimensions, lot coverage, and building setbacks). All 28 residential units are proposed to have an attached two-car garage, and there will be 7 on- site parking stalls and 34 off-site diagonal parking stalls. APN: 466-103-04, 09, 10, 12, 29 ZONING: C-4 & C-P ADDRESS: 1702 L ST Recommended Conditions of Approval: The following comments pertain to the removal/demolition/relocation of existing structures: • Should any of the structures have an active rodent or insect infestation, the infestation should be abated prior to removal/demolition of the structures in order to prevent the spread of vectors to adjacent properties, • In the process of removing/demolishing the existing structures, the contractor may encounter asbestos containing construction materials and materials coated with lead based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at(559)230-6000 for more information. • If the structures were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures, then prior to demolition and/or remodel work the contractor should contact the following agencies for current regulations and requirements: 1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301 I:quol Fwploymcnt Opportunity•Amrnivive Action•Disabled Employer Will Tackett T-5994, C-11-014 April 6, 2011 Page 2 of 2 y California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510)620-5600. Y United States Environmental Protection Agency, Region 9, at(415)947-8000 State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at(559)454-5302. • Any construction materials deemed hazardous as identified in the removal/demolition process must be characterized and disposed of in accordance with current federal, state, and local requirements. REVIEWED BY: b'•A iY+d blxr G•M( Janet Gardner rc•bre ..0 R.E.H.S., M.P.H. Environmental Health Specialist III (559)445-3271 A T-5994 C-11-014 Granville San Joaquin Valley '1 N V AIR. POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING` March 14, 2011 Will Tackett City of Fresno Development and Resource Management 2600 Fresno St., Third Floor Fresno, CA 93721 Agency Project: Vesting Tentative Tract Map 5994 & CUP Application # C- 11-014 District CEQA Reference No: 20110096 Dear Mr. Tackett: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and finds: 1. The project is expected to have no significant adverse impact on air quality. 2. At full build-out the proposed project would be less than 50 residential dwelling units and would not be subject to District Rule 9510 (Indirect Source Review). 3. The proposed project may be subject to the following District rules: Regulation VIII, (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations), and Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters). 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 at www.valleyair.org/rules/1 ruleslist.htm &eyed 5edredin bucotive Oirectorik Pollution Control Officer Northern Region Coniral Region(Mifin Mica) Southern Region 4800 Enterpnse Way 1990 E.Getty3hurg Avorue 34940 Flyover Coon *05 to.CA 95356 8718 Fresno,CA 93720 0244 6akersfiekl.CA 93308-9125 Ted!1209)557 6400 FAX!1209)557 6475 lel 15591230 6000 FAY:1559i 230-5061 TO 661-397-5500 FAX-661.392-5585 www vaAeyau.nrg www Nw11hyiirliving rnm 20110096 Page 2 If you have any questions or require further information, please call Cherie Clark at (559) 230-5934. Sincerely, Dave Warner Director of Permits Services Cherie Clark for: Arnaud Marjollet Permit Services Manager DW: cc REDEVELOPMENT AGENCY OF THE CITY OF FRESNO 2344 Tulare Street, Suite 200, Fresno, CA 93721 (559) 621-7600 Application No.: TM 5994, C-11-014 Date: 3/18/2011 (Will Tackett) Reviewer: Jeff Findley, Assessor Parcel No.: 466-103-04, 09, 10, 12, 29 Senior Project Coordinator Site address: 1702 "L" Street Telephone: 621-7609 Redevelopment Area: Fulton Agency Staff Recommendation: APPROVE PROJECT WITH THE FOLLOWING CONDITIONS: 1. The property identified in Application No. C-11-014 is located within the adopted Fulton Redevelopment Project area and is subject to all requirements of the Redevelopment Plan. 2, The Redevelopment Agency does not object to the proposed Conditional Use Permit Application (C-11-014), and Vesting Tentative Tract Map Application (5994) for the creation of a gated, 28-unit, gated single family residential planned unit development and modified property development standards (lot area, lot dimensions, lot coverage, and building setbacks). Agency support of this project is conditioned on the ability of the development to be in conformance with all requirements of the Redevelopment Plan and the C-4 (Central Trading) and C-P (Administrative and Professional Office) zone districts and Section 12-304(including subsequent applicable Sections of the Fresno Zoning Ordinance). 3. The project shall be developed in accordance with the Operation Statement, Landscape Plan, Tract Map/CUP Site Plan, Floor Plans and Exterior Elevations (or as revised by the City of Fresno)submitted for Applications No. C-11-014 and Tract No. 5994. 4. The use of dense landscaping is encouraged along San Joaquin and "L" Streets to facilitate and soften its visual impact. 5. All landscaped areas shall be properly maintained and any dead plants, trees or ground cover will be removed and immediately replaced with the appropriate landscaping. All landscaping irrigation systems on site shall be properly maintained or repaired to ensure the healthy growth of plants and trees. 6. All outdoor storage on-site shall be screened from view of public streets and in conformance with requirements of City code. 7. Approval of this entitlement applies only to the development identified in Application No. C- 11-014, 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. PLEASE MAKE APPLICANT AWARE OF AGENCY COMMENTS BOARD OF EDUCATION Valerie F.Davis.,President Michelle A.Asadoorian,Clerk Undsay Cal Johnson Carol Mills,J.D. Fresno Unified ;ani R�, Tony Veng.,Ed.D. School District SUPERINTENDENT Preparing Career Ready Graduates Michael E.Hanson March 11,2011 Will Tackett City of Fresno Development and Resource Management 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 SUBJECT- REVIEW OF VESTING TENTATIVE MAP OF TRACT NO.5994 f CONDITIONAL USE PERMIT C-11-014 1702`L'STREET (APN 4466-103-04,09,10, 12,29) Dear Mr Tackett, ' In response to your request for review and comment on the Tentative Parcel Map Review No.5994,Fresno Unified School District submits the following. Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity The District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However,the District recognizes that the legislature, as a matter of law,has deemed,under Government Code Section 65996,that all school facilities impacts are mitigated as a consequence of SB 50's Level 1,2 and 3 developer fee legislative provisions. Any new development on the subject property or conversion of non-habitable to habitable space is subject to development fees of $2.97 per square foot for residential and $0.47 per square foot for commercial development. However, per Government Code section 65995,"a`credit' is to be given per square foot to all commercial and industrial construction for any structures(commercial, industrial, or residential)that were demolished on the site after the beginning of a project," therefore only the difference of increased square footage for the proposed project would be charged.Any new development on the property will be subject to the development fee prior to issuance of a building permit. Attendance area information.The project is presently within the attendance areas of the schools identified below Elementary School: Lowell Intermediate School- Tehipite High School: Edison Thank you for the opportunity to comment. Please contact me at 457-3074 if you have any questions or require additional information regarding our comments. Sincerely, (34� Lisa LeBlanc,Executive Director Facilities Management and Planning LL.hh � 2309WareMraa • Navw.Ca93721-2297 • w W.ftc ro U2.caus