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Home My WebLink AboutPM 2002-13 - Conditions of Approval - 11/17/2005 Cny of Mks Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX(559)498-1012 FIL E July 11, 2002 COPY Please reply to. Arnoldo Rodriguez (559)621-8063 Harbison International, Inc. Attn: Mike Hamzy 2755 East Shaw Avenue, Ste. 101 Fresno, CA 93710 SUBJECT: NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP NO. 2002-13 FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST DAKOTA AVENUE, BETWEEN STATE ROUTE 168 AND NORTH CEDAR AVENUE The City of Fresno Planning Division has completed its review of the subject map. Pursuant to FMC Section 12-1205(c), this letter is written to advise that the conditions of approval are as noted on the attached document, dated July 8, 2002 and on Tentative Parcel Map dated June 21,2002. If you have any questions regarding the conditions you must notify either Louie Rocha or Arnoldo Rodriguez at(559)621-8063 no later than July 26, 2002,to request a review of the conditions. Otherwise,the stipulated conditions of approval are in effect as of that date. No further notice will be sent. Appeal: The divider or any aggrieved person may file an appeal regarding conditions of approval within fifteen(15) days from the date of approval. To protest the Director's decision regarding the conditions of approval,you must appeal by filing a written appeal with the Director of the Development Department. The appeal must include the appellant's interest in/or relationship to the subject property, the decision or action appealed; and specific reasons why the appellant believes the decision or action appealed from should not be upheld. Appeals must be submitted to the Director of the Development Department prior to 5 p.m. on July 26,2002. EXPIRATION: The approval or conditional approval of this tentative Parcel Map expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map may not be filed without first processing a new Tentative Parcel Map. Modification of a Tentative Parcel Map after approval or conditional approval does not extend the two Harbison International Vesting Tentative Parcel Map No. 2002-13 Page 2 July 11, 2002 . year time limit. EXTENSION: The divider may request an extension of the tentative map expiration date by filing a written application together with the fee set forth in the Master Fee Schedule at the time of the request with the Director of the Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for the requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of 5 years. If you wish additional information, please contact the City of Fresno Development Department, Planning Division, 2600 Fresno Street,Fresno, California 93721-3604; phone, (559)621-8277. Your inquiry should be directed to either Louie Rocha(engineering or improvements issues)or Arnoldo Rodriguez(planning or zoning issues). Sincerely, PLANNING DIVISION oldld Ro�dr1-guez Planner II AR\K\LTR\TPM 2002-13-LTR s July 8, 2002 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 200243 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. The City of Fresno Development Department has completed a review of the subject tentative parcel map in accordance with the State Subdivision Map Act and the Fresno Municipal Code. The conditions of approval for Tentative Parcel Map No. 2002-13 are as follows: I. Legal Status of Site to be Subdivided A. The parcel map site, was legally created. II. Zoning A. Proposed parcels are consistent with.the property's existing C-R,.Commercial and Recreation District. III. Plan Consistency A. The Fresno Yosemite International Airport and Environs Specific Plan and the McLane Community Plan designate the parcels for commercial and recreational type land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies commercial and recreation type land uses as consistent with the C-R zone district. IV. On-Site Requirements A. Fresno Metropolitan Flood Control District requirements: Contact the Fresno Metropolitan Flood Control District at (559) 456-3292 for their requirements. B. Easements: Identify the location, type, size, and record information of easements on and through the site must be shown on the final map. IT Conditions of Approval - Tentative Parcel Map No. 2002-13 Page 2 July 8, 2002 C. Unless otherwise noted,all covenants or agreements will be prepared upon receipt of the fee indicated below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits. Execute a covenant agreement for common driveway,f ro s access,and e--or s dranage i between lots,or provide for C.C&R's. If C.0&R's are proposed submi raft copies of Covenants,Conditions and Restrictions/Owners Association documents(CC&R's) for review and approval. Final,executed and notarized documents are to be recorded with the parcel map. CC&R's shall conform with the provisions of Section 12-1026 FMC and address ingress, egress, sewer and water service, maintenance, and access, fire protection, solid waste service, storm drainage, parking and landscaping. Fresno �An ayigation easement and agreement shall be executed with correct signature(s)of the property owner or authorized agents with notary acknowledgments) in accordance with the provisions of the Fresno Yosemite International Airport and Environs Specific Plan. E. The proposed subdivision requires the modification of the C-R zone, district property development standards in that is proposes the creation of parcels wiihin an commercial planned development which have may reduced lot sizes and may not have direct access to a public street or right-of-way. Such standards and access may be accomplished by compliance with condition(s)below. If not already obtained, secure approval of a Conditional Use Permit or Site Plan Review,to be approved for the creation of an commercial planned development on the parcel map site to reflect the proposed parcel lines and modifications. . F. Irrigation District requirements: Comply with Fresno Irrigation District letter dated July 1, 2002. G. Parks Recreation& Community Services Department Comply with Parks Recreation& Community Services Department letter dated July 1, 2002. H. Street Name(s) Change East Hampton Avenue to East Hampton Way l Conditions of Approval Tentative Parcel Map No. 2002-13 Page 3 July 8,2002 Change East Farrin Ave. to East Farrin Avenue Change N. Barton Ave. to North Barton Avenue V. Off-Site Improvement Requirements: A. The developer shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. B. Sanitary Sewer Service 1. Separate sewer house branches shall be provided to each parcel created. All public sewer facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. C. Water Service 1. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. The Fresno Municipal Code(FMC)requires that a separate sewer house branch shall be provided for each proposed parcel (or secured under an agreement). Proposed parcels without public street access must be provided with C.C. & R's and private cross-lot utility easements to guarantee maintenance and repair access to utility pipelines and services. D. Street Improvements: East Hampton Way 1. Within the limits of the map dedicate;�a 30,foot,-wide-easementAfor,public street purposes. 2. Dedicate a corner cut at the southwest corner of East Hampton Way and North Barton Avenue. 3. Relinquish vehicular access to East Hampton Way for any non-residential uses. 4. Construct concrete curb,gutter,and.up to 18 feet of permanent paving. Install Conditions of Approval Tentative Parcel Map No. 2002-13 Page 4 July 8,2002 an underground street lighting system per Public Works Standard E-2. 5. Handicap access ramps are required at all corners within the limits of this map. North Barton Avenue 1. Dedicate a strip 12 feet wide for public street right of way along North Barton Avenue. 2. Construct concrete curb, gutter, and up to 18 feet of permanent paving and transition paving as necessary. 3. Install an underground street lighting system per Public Works Standard E-2. 4. Handicap access ramps are required at all corners within the limits of this map. 5. On June 25, 1998,City Council approved Resolution.No. 98-187 ordering the vacation of portions of North Barton Avenue. This resolution can not be recorded due to the following flaws: A. A portion of the area approved by the Council is within the County of Fresno; therefore the applicant will need to go before the Board of Supervisors to formally vacate that portion of North Barton Avenue. B. A strip of right of way along the west side of North Barton Avenue approximately 12 feet wide was not vacated with approved Resolution No. 98-187. C. The vacation of said North Barton Avenue is subject to the conditons of approval of Conditional Use Permit Application No. C-97-270. Therefore the owner/developer of this Tentative Parcel Map shall be required to go before Council to rescind Resolution No. 98-187. If North Barton Avenue needs to be vacated then the owner/developer shall apply for the vacation of said street. North Cedar Avenue 1. Within the limits of this map install an underground street lighting system per Public Works Standards E-1. s 1 Conditions of Approval Tentative Parcel Map No.2002-13 Page 5 July 8,2002 East Dakota Avenue 1. Within the limits of this map install an underground street lighting system per Public Works Standards E-1. 2. Construct concrete curb,gutter, and up to 18 feet of permanent paving. 3. Handicap access ramps are required at all corners within the limits of this map. VI. General Public Works Requirements A. DEDICATIONS. The subdivider shall dedicate public easements to facilitate the construction of curbs, gutters, sidewalk, bus bays, right turn lanes, bike lanes; bike paths, multi-purpose trail, wheelchair ramps and public utilities in accordance with City plans, ordinances, resolutions and policies, the Standard Specifications of the Public Works Department within the limits of the parcel map. Additionally, a minimum 4 foot wide clear path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code as determined by the City Engineer. An on-site pedestrian easement and construction of a path may be required if Title 24 provisions can not be met within the public rights of way. All .such public easements shall be identified and dedicated with the processing and recordation of the Parcel Map or at the time of Special Permit reviews for the proposed development of the parcels. B. STREET IMPROVEMENTS-. The subdivider shall construct curb, gutters, curb returns and landings,wheelchair ramps,sidewalks with street tree wells and irrigation systems(when applicable),permanent pavement,street/safety lighting,bike lanes,bike paths,multi-purpose trail,walls and fences in accordance with City plans,ordinances, resolutions,policies and the Standard Specifications of the Public Works Department within the limits of the parcel map. Existing improvements that are not to the planned alignment shall be removed and required improvements installed to the new street alignment and grade. Existing improvements to remain in place shall be repaired if determined to be damaged and/or off grade by the City Engineer. Existing driveway approaches not identified for current or future utilization shall be removed and sidewalk(when applicable),curb and gutter shall be installed to match existing or proposed street line and grade as determined by the City Engineer. C. SANITARY SEWER SYSTEM. The subdivider shall connect each parcel being Conditions of Approval - Tentative Parcel Map No.2002-13 Page 6 July 8,2002 created to the City of Fresno's sanitary sewer system with a separate sewer house branch unless other arrangements are approved by the City Engineer. All sanitary sewer system improvements shall be constructed in accordance with City plans, ordinances,resolutions,policies and the Standard Specifications of the Public Works Department. The subdivider is required to construct sewer main extensions to serve the parcel map in a manner determined by the City Engineer. The connection to the City's sanitary sewer system requires the payment of all applicable sewer connection charges in accordance with the provisions of FMC Chapter 9, Article 5 prior to the approval of the map. D:. WATER SYSTEM. The subdivider shall connect each parcel being created to the City of Fresno's water system with a separate water services and meters unless other arrangements are approved by the City Engineer. All water system improvements shall be constructed in accordance with City plans,ordinances,resolutions,policies and the Standard Specifications of the Public Works Department. The subdivider is required to construct water main extensions to serve the parcel map in a manner determined by the City Engineer. The connection to the City's sanitary sewer system requires the payment of all applicable water connection charges in accordance with the provisions of FMC Chapter 14, Article 1 prior to the approval.of the map E. STREET, SEWER AND WATER CONSTRUCTION PLANS. The subdivider shall provide street, sewer and water construction plans for the required public improvements as determined by the City Engineer. Such plans shall be prepared by a registered Civil Engineer and approved by the City Engineer prior to the issuance of Street Work permits. VII. Development Fees All fees noted in this section shall be due and-payable to the City of Fresno prior to the approval of the final parcel map. All fee quotations are based on current rates. Applicant shall pay the fee in effect at the time of final map approval. GOVERNMENT CODE §66020(d)(1) A protest filed pursuant to subdivision(a)shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications,reservations,or other exactions,and notification that the 90-day approval period in which the applicant may protest has begun. %— Conditions of Approval Tentative Parcel Map No. 2002-13 Page 7 July 8,2002 SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/square foot(to 100' depth) 2. Oversize Charge $0.05/square foot(to 100' depth) 3. Trunk Sewer Charge N/A Service Area: 4. Wastewater Facilities Charge S.T.E.P. Program 5. House Branch Sewer Charge n/a 6. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE 7. 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. 8. Frontage Charge $6.50/lineal foot 9. .Fire Hydrant Charge $1.25/100 square feet (to 250 feet parcel depth) 10.. Transmission Grid Main Charge $560/gross acre 11. Transmission Grid Main Bond Debt Service Charge $243/gross acre 12. UGM Water Supply Fee n/a Service Area: 13. Well Head Treatment Fee n/a Service Area: 14. Recharge Fee n/a Service Area: I t Conditions of Approval Tentative Parcel Map No. 2002-13 Page 8 July 8, 2002 15. 1994 Bond Debt Service n/a Service Area: DEVELOPMENT IMPACT FEE 16. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 17. UGM Fire Station Capital Fee n/a Service Area: 18. UGM Park Fee n/a Service Area: 19. Major Street Charge n/a Service Area: 20. Major Street Bridge Charge n/a Service Area: 21. Traffic Signal Charge n/a 22. UGM Grade Separation Fee n/a 23. UGM At-Grade Railroad Crossing Fee n/a Service Area: 24. Trunk Sewer Charge n/a Service Area: 25. *Street Acquisition/Construction Charge n/a ARWCOAUPM-No.2002-13-COA City OI AGENDA ITEM NO. X A REPORT TO THE PLANNING COMMISSION COMMISSION MEETING 7/18/01 MPROVBD BY July 18, 2001 DBP"TMENT DIRECTOR 7v, FROM: STAFF, Planning Divion ion Development Departm _ SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-97-270 AND MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. A-97-19, R-97-30, C-97-270 (AND ADDENDUM TO EA/C-97-270 ISSUED MAY 11, 2001) PROJECT DESCRIPTION PROJECT: Proposal for construction of 298,327 square-feet of buildings to accommodate athletic, sports, and related entertainment or health activities, community meeting rooms, banquet facilities, restaurants/food courts (with alcohol sales), related retail sales as well as athletic fields for outdoor activities and a batting range APPLICANT: Milton Barbis LOCATION: East side of North Cedar Avenue, between East Dakota Avenue and East Hampton Way SITE SIZE: 45.8 acres EXISTING PLAN AND Fresno Yosemite,International Airport and Environs LAND USE DESIGNATION: Specific Plan and McLane Community Plan - Commercial Recreation EXISTING ZONING: C-R(Commercial Recreation District) EXISTING USE: Vacant PUBLIC HEARING NOTICE: Notice of Hearing mailed to surrounding property' owners on July 6, 2001 i i . i REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-97-270 Page 2 July 18, 2001 _. BORDERING PROPERTY INFORMATION: Planned Land Use Existing Zoning Existing Use North: Medium Density Residential R-1 and R-A Single-Family Residential & Vacant South: Neighborhood Commercial& C=1 Commercial Shopping Center& Medium-High Density Res. R-2 Apartments East: Freeway&Industrial R-A and M-1 Freeway&Mini-Storage West: Medium Density Residential R-1 Single-Family Residential & Church ENVIRONMENTAL FINDING Environmental Assessment No. A-97-19,R-97-30;C-97-270 and related Addendum for C-97-270 prepared for this project determined that there is no substantial evidence in the record that the project may have a significant impact on the environment. Accordingly,staff recommends the adoption of the, attached mitigated negative declaration for this project. BACKGROUND AND ANALYSIS Plan Amendment Application No. A-97-19,Rezone Application No. R-97-30 and Conditional Use Permit Application No.C-97-270 were submitted by the applicant in 1997. The plan amendment and rezone applications to change the site to the commercial recreation land use and C-R zone district were approved by the City Council on April 18, 1998. The conditional use permit application has not yet been approved as the project was not finalized until recently. Conditional Use Permit Application No. C-97-270, is a request to construct 298,327 square feet of building area for athletic, sports and entertainment or health activities,community meeting rooms and banquet facilities, restaurants and food court, and related retail sales and ancillary offices. The conditional use permit also requests authorization to serve alcoholic beverages on the premises, associated with the restaurant and food court establishments. Outdoor activities include athletic fields (soccer and softball) and batting range with lighting to accommodate activities beyond day-light hours. The application for a conditional use permit was approved by the Development Director and a notice of granting was mailed to surrounding property owners. A letter.of appeal of the Director's decision was received from an interested person who resides approximately three-quarters of a mile west of the project site. a N. REPORT TO THE PLANNING CONWISSION Conditional Use Permit Application No. C-97-270 Page 3 July 18, 2001 APPEAL A letter of appeal was received from Jeanne Larson regarding the project and its impacts on the surrounding neighborhood(see attached). These impacts were anticipated during the initial study of the project and are described in detail in the attached environmental assessment(Initial Study) of the project and are noted below: a. Traffic impacts: Routing nonresidential traffic through neighborhoods, increase in traffic, unsafe routes for bicycles due to the closure of Barton Avenue Although a traffic study was not completed for this proposed project, one was prepared for an earlier version of this project. That analysis evaluated current conditions,planned , capacity and future potential impacts upon the level of service provided by the surrounding street and highway system and concluded that the levels of service are generally considered to be satisfactory. In addition,the city staff evaluated the potential impacts associated with allowing vehicular access to East Hampton Way,which is a local residential street. Conditions of approval for the project require that access be allowed only from Dakota and Cedar Avenues; the one driveway which accesses Hampton will be only for emergency uses. The vacation of Barton Avenue has already been completed by the City Council and bicyclists can travel along Cedar Avenue rather than Barton. b. Land use, aesthetic impacts and hazards:Incompatibility with adopted plans and policies, adverse change in planned area characteristics. Potential hazards from aircraft. Obstruction to public or scenic view/vista.and creation of aesthetically offensive conditions. The appellant states that this project is incompatible with adopted plans and policies and that this will be an adverse change in existing planned characteristics which will also create an aesthetically negative environment. On April 18, 1998,the City Council approved both Plan Amendment Application No. A-97-19 and Rezone Application No.R-01-30 for this same property which changed its planned land use to commercial recreation and its zoning to the C-R Zone District. This project is consistent with the adopted plans and policies. The appellant would like to see the land remain open as it is now so that the view of the Sierra Nevada mountains will not be obstructed. Of the almost 46 acres of land that the project is sited on, less than 7 acres will be buildings. The remaining land, approximately 39 acres, will be open and will not obstruct views as that land will be used for soccer fields, softball diamonds and parking lots. The Fresno Yosemite International'Airport is near the project site and portions of the project are within the Airport Protection Zone III. The city's Airports Department has reviewed the project and is satisfied that the design of the site will not pose a danger to anyone using the proposed facility or the airport. The portions of the site which are within Airport Protection Zone III are designated as open space, which is consistent with the Fresno Yosemite International Airport and Environs Plan. There will be no obstructions of navigable airspace as buildings and light will be constructed in accordance with Federal Aviation REPORT TO THE PLANNING COMMISSION , Conditional Use Permit Application No. C-97-270 Page 4 July 18,2001 Administration(FAA)design regulations contained in Federal Aviation Regulations(FAR) Part 77. The commercial recreation planned use and zoning was also previously reviewed by the Fresno County Airport Land Use Commission which approved the use subject to a condition that the applicant strive to implement a audible warning system that could be used to communicate a emergency situation,should one occur. This has been made a condition of project approval. C. Water impacts: Use of large quantities of water for landscaping, wasteful use of water, pollution of groundwater. The proposed project will not have an adverse impact on the'city's water system nor will it use large quantities of groundwater. The City of Fresno's Public Utilities Department has determined that water is available to serve the project. As conditions of approval for the project,the applicant will be required to install and use water meters. Also,there will be conditions which will reduce the amount of chemicals that enter into the Fresno Metropolitan Flood Control District's drainage system, although chemicals used in landscaping are not generally considered to be a danger to the water supply and quality. d. Energy impacts: Substantial increase in demands upon existing sources of energy due to the use offlood lights The letter from the appellant raises the issue that with the current energy problems,-this type of project will be a drain on the power system. This project is a suitable use for an urban area and is not an extravagant or wasteful consumer of energy. C. Noise and glare impacts:Increase in existing noise levels from crowds. Glare from night lighting of the athletic fields. The appellant states that as a result of the proposed project,the neighborhood will be adversely impacted by the shouting of crowds and the lights of the athletic fields. The impacts of noise and glare on the adjacent residences will be minimal, if any. The conditions of approval for the conditional use permit have performance standards to control both light and noise. These conditions include reference to the City of Fresno's noise ordinance, which sets noise limit standards as well as general provisions which would allow the Fresno City Police Department to intervene if nuisance conditions occurred even if the noise standards were not exceeded. f. Air quality impacts and urban services:Air pollution from machinery to maintain turf,from customers'cars, and from softball diamonds. Lack of adequate parks and recreation areas. Any increase in air pollution as a result of this project will be moderate. The landscaping and maintenance of turf is not a major contributor to pollution and nor does the use of the softball diamonds generate a notable amount of dust(PM 10). .Furthermore,the applicant is required as a condition of project approval to comply with standards for the project as determined by the San Joaquin Valley Unified Air Pollution Control District. The project REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-97-270 Page 5 July 18,2001 site is located on Cedar Avenue, a designated arterial street with public transportation services. The proposed project will be one of several major activities that occur along the Cedar Avenue corridor,including California State University Fresno(CSUF.), which enhances the opportunity to provide a higher level of transit services. The City's Master Parks Plan(Policies 3-a and 7-g)encourages the partnership between public and private entities to develop new park sites. The proposed project will achieve this goal by developing the 46 acre site with recreation areas and facilities and a park-like atmosphere. Although the city's adopted plans and policies advocate the acquisition and development of additional open space and recreational facilities,the allocation of adequate maintenance and operational funds is problematic. The proposed project will provide significant outdoor and indoor recreational opportunities well beyond that which could be achieved by the resources available to the City of Fresno's Parks, Recreation and Community Services Department. CONDITIONAL USE PERAHT FINDINGS Based upon analysis of the conditional use permit application and subject to the conditions of approval below, staff concludes the findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of the 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, landscaping, and other features. Staff has reviewed this project for conformance to the"C-R"Commercial-Recreational Zone District standards and has determined that it complies subject to conditions of approval. It has been concluded from the responses of all responding agencies and staff reviews of the site plan that the project will comply with all applicable codes, standards and policies. 2. The site for the proposed use as it relates to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. A review of the proposed project and the adopted Circulation Element of the General Plan by the Department's Engineering Section and Public Works Engineering Division has determined that the project complies with these conditions, subject to completion of the all conditions of approval. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the are in which the property is located. After reviewing the existing zoning, surrounding land uses and adopted plans, it has been determined that the proposed project is compatible with the area and its character and ', integrity. The project will not have any negative effects on the adjacent neighborhoods. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-97-270 Page 6 July 18, 2001 RECOMMENDATION Staff recommends the Planning Commission take the following actions. 1. APPROVE the finding of the Mitigated Negative Declaration for Environmental Assessment No. A-97-19,R-97-30,C-97-270 and Addendum for EA-C-97-270 dated May 11, 2001. 2. DENY THE APPEAL AND APPROVE Conditional Use Permit Application No. C-97-270 proposing to develop the subject property with 298,327 square feet of buildings for commercial and recreational facilities subject to the following.conditions. a. Development shall take place in accordance with Exhibits A through D, dated June 11, 2001. b. Development shall take place in accordance with the Special Permit Conditions of Approval dated June 11, 2001. Attachments: Vicinity Map (Attachment A) Letters of Appeal from Jeanne Larson dated June 22,2001 and June 26, 2001. Conditional Use Permit Exhibits A, B, C and D dated June 11, 2001 Special Permit Conditions of Approval dated June 11, 2001 Environmental Assessment No. C-97-270 (Addendum to Mitigated Negative Declaration EA No.A-99-19,R-97-30,C-97-270), issued May 11, 2001 SAC\K\PC\C-97-270-PCR r AT... TAC1i1V1eu�'.�FA RC-3♦ • M ♦C YiT was %pit r rw FFF •♦ �♦•'•r -pd_ • t • '.' AVE • Av1' 1CrAtNLAN - i t0Y1.0..._CANAL_ _ wJ41 Fitt w r w r Y w Of i C-S C-P C-P Y r r r w�} " • w w r . r « Y al . V . . . . . . . . , . M-1/cz R-A NYCK/NONAN - WAY 1 It: tfYC1(IMANA y _ . WAY w • . r r Y r ra� w r w w .. . . r r - N • r rHai• • • • • • • • : • • • I • ♦ 1 • i r r w r r r r w r • r ♦ • « • _ HAMPTON WAY r K • w • • • • iJ • • ♦ ♦ Is ♦. ,. v w r rNwrww w • • .� • R-A [ NAY IL .• «..« wpA «.« R-A Vii. Irl R-1 1 WAY[ r M M ',thr w A -A w • PROJECT SITE � 1 [ J WAY[,_ NT14C �+1 1-1. WAYI of - w« M • w w • . 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C-97-270 438-060-30,37 ZONE MAP: 2052 S NOT TO SCAM to 0 Z 11 viloiw I WN."wa MIR :��> •1. :y 8 � ••.i7 S' ��,�� .ftFf.Es�Vit;.: _I' � H—mm m -w-mm It p � �. ® Is 9999999M itknall if knit daltil, CP m ON m z E.HAMPTON AVENUE 9111111111 T E ZONE SPORTSPLEX H FRESNO,CALIFORNIA Kim + , RECEIVED 6-22-01 JUN 2 5 2001 ADMINISTRATION DEVELOPMENT DEPARTMENT C17Y OF FRESNO TO: Nick Yovino, Director Fresno City Development Department Fresno City Hall 2260 Fresno Street Fresno CA 93721 FM: Jeanne Larson, Member �'d�ii�alor� McLane Revitilization Committee 3457 E Redlands, Fresno CA 93726 <jrjlars@aol.com> RE! APPEAL OF NEGATIVE DECLARATION FOR REZONE APPLICATION NO. 97-30 TO REZONE C-R COMMERCIAL RECREATIONAL, AND CONDITIONAL USE PERMIT APPLICATION NO. C-97-270 TO MULTIUSE SPORTS COMPLEX WITH ASSOCIATED OFFICE AND COMMERCIAL USES............. The EA for the negative declaration as filed for this project has five items listed as "2", moderate environmental effect. They are 2.1, Air quality; 7.2 noise; 9.1, Land use; 10.1 and 10.2, Transportation and circulation. We don't believe that this negative declaration has adaequately addressed all of the environmental problems. ENVIRONMENTAL EFFECTS THAT SHOULD BE CONSIDERED AT LEAST "2". AIR.-2.2 Direct on-site pollution generation. Exhaust from use of machinery to maintain turf, and exhaust from customer's cars, that are not in this area at the present time. 2.4, Generation of dust except during construction - infield maintenance of ball diamonds creates cosiderble dust. WATER. 3.2, Use of large quantities of ground water. Turf is the most water consumptive of all types of landscaping and since our city wells are pumping ground water, there could be large impact on the available groundwater that is now serving homes in the area. Some of McLane area has water pressure problems now. 3.3 Wasteful use of ground water. Do we really need to waste water on large areas of turf that will sit idle many hours of the day? 3.4 Pollution of surface or ground water supplies. Turf managment as practiced uses more hazardous chemicals than farming. These soils are very sandy and there is the possiblity of contaminating groundwater since Leakey Acres ground water recharge basins are quite close. Run-off from auto parking lots will contain heavy metals. 1 CITY OF FRESNO DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. C-97-270 June 11, 2001 PART A-PROJECT INFORMATION 1. Assessor's Parcel No. 438-020-05,91 &92 438-062-37,438-061-30 2. Job Address: 3900 and 4000 North Cedar Avenue Street Location: Northeast of North Cedar and East Dakota Avenues 3. Existing Zoning: C-R/cz Zone Map No. 2052 4. Project Description: Sports,health and entertainment complex with approximately 298,327 square feet of building area(single&two-story structures)to accommodate athletic, sports and related entertainment or health activities, community meeting room and banquet facilities,restaurants and food court,related retail sales and ancillary offices. The conditional use permit also requests authorization to serve alcoholic beverages on the premises associated with the restaurant and food court establishments. Outdoor activities include athletic fields (soccer and softball) and batting range with lighting to accommodate activities beyond day-light hours. The approximately 45.8±acre project site is planned for commercial recreation uses by the City of Fresno's McLane Community Plan and is zoned"CR", Commercial Recreation. Three satellite building pads may be considered for automobile fueling station or restaurant with drive-through service window subject to future special permit applications. North Barton Avenue along the east side of the project is proposed to be vacated and emergency vehicular access is proposed to be provided to East Hampton Way on the north side of the project site. PART B -GENERAL CONDITIONS AND REQUIREMENTS The Development Director on June 12, 2001 , approved the special permit application subject to the enclosed list of conditions and Exhibits"A"through `D" dated June 11,2001 This approval is subject to the completion of the notice and appeal period for the department's finding that the proposed project will not have a significant impact on the environment. A notice of the finding of negative declaration was published on May-11, 2001 , providing any interested party with an appeal and comment period of 20 days. Notice of the approval of the special Conditions of Approval C-97-270 June 11,2001 Page 2 permit was mailed to surrounding property owners on June 12, 2001 . The deadline date for submittal of appeals in response to the mailed notice is June 27,2001 Approval will become effective if no appeal is received in response to the mailed notice or the published negative declaration notice. If an appeal is filed in response to either notice,the matter will be set for public hearing before the Fresno City Planning Commission. Building permits will not be issued for this project until the 20-day appeal and comment period has elapsed or, in the event of an appeal, until the Planning Commission has acted on the appeal. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan.review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended" conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions-under the heading"Part F- Miscellaneous" and may be appealed. All code requirements,however, are mandatory and may only be modified by variance,provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made.. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the.Development Director within 15 days. In the event you wish to•appeal the Director's decision or discretionary conditions of approval,you may do so by filing a written appeal with the Director. The appeal shall include a statement of your, interest in'or relationship to the subject property,the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by - June 27, 2001. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses,trees, walls,driveways, outdoor storage, and.open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; , Conditions of Approval C-97-270 June 11, 2001 Page 3 2. All public and private easements,rights-of-way and anyactual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance,and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land,buildings,or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits(dated June 11.2001 ),to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan,together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Project Evaluation-Section,for final review and approval,ten days before applying for building permits. Copies of this final approved site plan, elevations,landscape,and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape,and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected,approved exhibits in the plan check sets. Call Darrell Unruh at 559!498-4706 . NOTICE TO PROJECT APPLICANT In accordance with the provisions of government.Code..Section 66020(d)(1), the imposition of fees, dedication,reservations or exactions for this project are subject to protest by the project applicant at the Conditions of Approval C-97-270 June 12, 2001 Page 4 , time,of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications,reservation or exactions imposed on the development project., This notice does not apply to those fees, dedications,reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C -PUBLIC IMPROVEMENT & PARKING LOT REQUIREMENTS The following requirements are based on City records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted by the applicant. Requirements which may not have been addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are discovered. Questions relating to dedications, street improvements or parking lot geometrics may be directed to the Development Department,Building and Safety Services Division, Land Division and Engineering . . Section,David Padilla(559)498-2727. 1. STREET ENCROACHMENT.PERMITS,DEDICATIONS AND VACATIONS a. Exhibit"A"is required to include the location of all street furniture, e.g.: public utility poles and boxes, guy wires, signs; fire hydrants,bus stop benches, mail boxes, news stands,trash receptacles,tree wells,etc.,within the existing and proposed public rights of way. • A minimum 4 foot wide path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement and construction of a path may be required if Title 24 requirements can not be met within the existing public rights of way. I b. ENCROACHMENT PERMITS. The construction of any overhead, surface or sub- surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City Engineer. For encroachment permit information,contact the Public Works Department, Engineering Services Division(David Coker) at(559)498-4742. Encroachment permits must be approved prior to the issuance of building permits. C. DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: d. N Barton Ave/E Hampton Ave. Dedicate corner cutoff easement for standard wheelchair ramp construction in accordance with Public.Warks Department Standard Drawing Nos. P-24&P-25. Conditions of Approval C-97-270 June 12, 2001 Page 5 • N Barton Ave-Dedicate and construct cul-d-Sac in accordance with Public Works Department Standard Drawing No P-19 Precise dedication requirements will be determined during the review of street construction plans by the City Engineer. DEED PROCESSING(Informational). Deed documents for the required dedications shall be prepared by the applicant's engineer and submitted to the Public Works Department,Engineering Services Division with verification of ownership. The cost of deed document preparation shall be at the expense of the applicant;a deed review, processing and recordation fee must be paid at the time of deed.submittal. Deed documents must conform to the format specified by the City. Document format specifications may be obtained from the Public Works Department,Engineering Services Division(Chad Phillips)at(559)498-4737. e. VACATIONS. The vacation of the following easements shall be satisfied prior to the issuance of building permits: • N Barton Ave-Vacate street easement within the project site in accordance with Resolution Number 98-187 • E. Pontiac Way Ave-Vacate street easement within the project site in accordance with Resolution Number 98-187 VACATION PROCESSING(Informational). The vacation of all public easements is administered by the Public Works Department, Engineering Services Division. The applicant is responsible to file the necessary vacation requests. The process includes; but is not limited to,the filing of an environmental assessment,payment of associated processing fees, a feasibility study and action by the City Council. Required vacations must be satisfied prior to the issuance of building permits. Due to the action required by the City Council on vacations,the applicant is strongly advised to initiate this process as soon as possible to avoid delays to the issuance of building permits. For information regarding the vacation process,contact the Public Works Department, Engineering Services Division(David Coker)at 559/498-4742. 2. STREET IMPROVEMENTS a. STREET WORK PERMIT. The performance of any work within the public street rights-of-way(including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division (Gary Witzel) at(559) 498-4740,prior to commencement of the work. All required street improvements must be completed.and accepted by the City prior to final occupancy. b. The property shall be improved in accordance with the provisions of FMC Section 11-208. All public street improvements shall be constructed in accordance with the t7) !�1 Conditions of Approval C-97-270 June 12,2001 Page 6 Standard Specifications of the City of Fresno, Public Works Department and the engineered street construction plans required and approved by the City Engineer. The final corrected exhibit(Exhibit A) shall incorporate all required dedications,parking lot geometrics and improvements required as conditions of approval for the development. C. Install permanent paving,paving transitions, concrete curb, gutter, sidewalk and driveway approaches, street tree wells and irrigation,bike paths, bus bays, right turn lanes, etc. as determined by the City Engineer on all street frontages. Wheelchair ramps shall be installed at all curb returns. Additional requirements are noted on Exhibit A. d. STREET CONSTRUCTION PLANS.. Street construction plans,prepared by a registered Civil Engineer and approved by the City Engineer,are required unless otherwise determined by the City Engineer. Plans must be submitted to the Public Works Department, Engineering Services Division, Utility Design Section (559)498-1401. • The approval of proposed median island breaks and modifications shall be reviewed and determined in conjunction with the approval of street construction plans. e. Install street lights on all frontages to City Subdivision Standards as determined by the City Traffic Engineer. Street lighting plans are required and must be approved by the Public Works Department, Traffic Engineering Division(559)498-1436 prior to commencement of the work. f. Install street tree wells and irrigation system. Verify locations of required street tree well(s)in the public right-of-way area with the Parks, Recreation and Community Services Department,Parks Division(559) 498-4908 and identify the required wells on the final corrected exhibit(Exhibit A). g. Remove all existing driveway approaches not identified for utilization and install sidewalk, curb and gutter to match existing or proposed street improvement line and grade. h. Remove existing improvements that are not to the planned alignment and install required improvements to new street alignment and grade. i. Street improvement requirements for the project may be deferred pursuant to Fresno Municipal Code Section 11-208(f)(iii)(6)upon the execution of a secured agreement with the Public Works Department. The fee for the preparation of the deferral agreement by the Public Works Department is $620. For agreement and'securities information, contact the Public Works Department, Engineering Services Division(Gary Witzel) at (559) 498-4740. Conditions of Approval C-97-270 June 12,2001 Page 7 3. WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES a. Connection to the City of Fresno water system is required. b. Connection to the City of Fresno sewer system is required. C. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges,contact Rick Sommerville at (559)498-2740. d. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the processing,of the final map [parcel map]for approval and recordation. e. Open street cuts are not permitted;all utility connections must be bored. f. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact Department of Public Utilities, Water Division (559)498-4671 for requirements relating to approved devices, locations,testing and acceptance. This requirement must be satisfied prior to final occupancy. g. SEWER CONNECTION CHARGES (FMC Section 9-503-a). The following sewer connection charges are required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New.sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. • Lateral Sewer Charge(based on property frontage to a depth of 100') • Oversize Sewer Charge(based on property frontage to a depth of 100') • Wastewater,Facilities Sewer Charge(based on living units; applicable only to residential development consisting of less than 4 living units) • Trunk Sewer Charge (based on living units; applicable only to residential development consisting of less than 4 living units) y Conditions of Approval C-97-270 June 12, 2001 Page 8 h. WATER CONNECTION CHARGES (FMC Sections 14-107 to 14-110). The following water connection charges are required and will be payable at the fee rate listed in the Master Fee Schedule at the time.payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. • Frontage Charge(based on property frontage) • Transmission Grid Main Charge(based-on acreage) • Transmission Grid Main Bond Debt Service Charge(based on acreage) • Fire Hydrant Charge(based on square footage to a depth of 250') • Service Charge(based on service size required by applicant) • Meter Charge(based on service size) 4. POLICE SUB-STATION FEE FOR NORTHEAST FRESNO a. None. This property is not located in the Northeast Fresno Police sub-station service area. 5. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street(on-site)parking facilities and geometrics shall conform to the City of Fresno, Public Works Department,Parking Manual, Standard Specifications and requirements as noted on Exhibit A. b. The applicant shall provide access and directional signs(e.g. "Entrance," "Exit," "Right Turn Only," "One Way,"handicap signs,etc.) as determined by the City Traffic Engineer and as noted on Exhibit A. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-34, P-35 &P-36 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Development Department, Building& Safety Services Division prior to the commencement of work. 6. SURVEY MONUMENTS AND PARCEL CONFIGURATION a. Existing survey monuments shall be preserved.and if disturbed, shall.be reset by a registered civil engineer or a licensed land surveyor. 1 Conditions of Approval C-97-270 June 12,2001 _ Page 9 7. IRRIGATION DITCH/CANAL REQUIREMENTS a. The Fresno Irrigation District in the attached letter dated May 2,2001, and December 30, 1997,identify the requirements to respect the existing easement for the Gould Canal Extension No. 151 (Dry Creek Canal),within the limits of the property, and further recommends relocating the channel and/or installing safety precautions. 8. URBAN GROWTH MANAGEMENT(UGM)REQUIREMENTS AND FEES a. None. This property is not located in the UGM area. PART D -PLANNING/ZONING REQUIREMENTS PLANNING -- Development is subject to the following plans and policies: McLane Community Plan. Fresno Yosemite International Airport Environs and Specific Plan. Commercial Recreation Land Use ZONING 1. Development is proposed in accordance with existing C-R\cz zoning. 2. Conditions of zoning are: Refer to attached Ordinances No.98-18 and No. 2001-39 LOT COVERAGE 3. Allowable lot coverage is thirty-three(33)percent. BUILDING HEIGHT 4. The maximum allowable building height is 35 feet. Roof structures above this height required for equipment to operate and maintain the building, and fire or parapet walls, skylights,towers and similar structures are approved by the Director and may be erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any space above the height limit shall be allowed for purposes of providing additional habitable floor space. All structures and obstructions must comply with Part 77, Subpart C, of the Federal Aviation Regulations (FAR). 5. Backstops and other structures, including poles'and netting material may be provided within allowable building areas, including along the east property line, to.a height of thirty-five feet, or as approved.by the Development Department Director, to prevent balls or other objects used in athletic/outdoor recreation activities from leaving the property or playing field areas. ti Conditions of Approval C-97-270 June 12, 2001 Page 10 BUILDING SETBACK,OPEN SPACES AND LANDSCAPING 6. Provide the following minimum building setbacks: a. Ten feet along North Cedar Avenue. b. Ten feet along East Dakota Avenue. c. , Twen feet along East Hampton Way. d. feet along 7. Provide the following minimum landscaped areas: a. Ten feet along North Cedar Avenue. b. Ten feet along East Dakota Avenue. C. Ten feet along East Hampton Way. Landscaping along East Hampton Way shall provide a dense screening to deter the use of this street for parking or congregating by spectators or participants of athletic and entertainment activities conducted on the project site. No structures of any kind may be installed or maintained within the above-landscaped areas. No exposed utility boxes,transformers,meters,piping(excepting the backflow prevention device), etc.,are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Put this note on the site plan.) 8.. Median island landscaping: if median island is constructed or reconstruct provide landscape and irrigation subject to plans prepared by the project developer and submitted to and approved by the Parks, Recreation and.Community Services Department. Pay median island landscape review fee of$37.00(or applicable fee of Master Fee Schedule at the time payment is due). Additional fees for median island landscaping may include fees for landscape plan review and field inspection. 9. Provide a minimum number of medium sized.trees on-site per the following: Provide one medium size tree for every two parking spaces. (This requirement may be modified by the director if the standards for shading and perimeter planting have been met.) Disperse trees over the parking lot area to provide 50 percent shading of the parking area surface within 15 years. (This requirement may be reduced to 40 percent for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the'normal standards.)Trees shall also be planted in the required landscaped area along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way. Refer to the attached"Performance Standards for Parking Lot Shading," for the tree list and further details. a f Conditions of Approval C-97-270 June 12,2001 Page 11 NOTE: One medium sized tree is defined as attaining a height of 30-60 feet at maturity. Two small trees,up to 30-feet high at maturity may be substituted for one medium sized tree. Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree,except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Development Department. (Put this note on the site and landscape plans.) 10. Submit six copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prior to obtaining building permits. 11. Landscaping must be in place before issuance of the certificate of occupancy. (Include this note on the site plan and landscape plan.) 12. Prior to final inspection, a written certification, signed by a landscape professional approved by the Director,shall be submitted stating that the required landscaping and irrigation system wasinstalled in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (Include this note on the site plan.) A certification form is enclosed for future use. SPACE BETWEEN BUILDINGS 13. No Zoning Odinance requirements. FENCES, HEDGES,AND WALLS Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the.general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. 14. A six-foot high fence(constructed of tubular steel,wrought iron, plastic coated chain link or other material approved by the Development Department) shall be constructed on or behind the required street set-back line required along East Dakota Avenue and East Hampton Way as noted on Exhibit"A". 15. Gates to allow or control access(either pedestrian or vehicular)to the project site must be approved by the Development Department. Conditions of Approval C-97-270 June 12, 2001 Page 12 OFF-STREET PARKING 16. A maximum of ten bicycle parking spaces is required per Section 12-306-I-2.1-C (FMC) for the building area. Spaces shall be provided in accordance with Section 12-306-1-5d(FMC). (Depict the spaces on your site plan.) 1.7. A minimum of three square feet of parking surface area for every one square foot of floor area, not exceeding five parking spaces per 1,000 square feet of floor space. The special parking standards of Section 12-306-I(FMC)require as follows: 18. Restaurants-One parking space for each one-hundred square feet of gross floor area for the first four-thousand square feet of floor area and one parking space for each fifty square feet of floor area thereafter. -Gymnasiums, banquet halls,auditoriums,meeting halls-One parking space for each forty square feet of area within the main auditorium. -Park and recreational uses-One parking space for each five thousand square feet of active recreational area. 19. Exhibit A,dated June 1142001, shows 1,362 parking spaces,which does not exceed the five parking spaces per one-thousand square feet of building area maximum standard for the entire site. The site is evaluated as anintegrated multiple-use site with the peak parking demands of the various uses occurring at various times of the operational day rather than simultaneously. 20. The maximum number of parking spaces required by the individual calculation of the various uses would exceed the 1,362 spaces proposed. The final calculation of required parking will be determined based upon the submission of a letter and operational statement, signed by the owner and/or lessees,that specifically identifies hours of operation,peak periods of use, and other characteristics that clarify how the various facilities will be used to assure that the maximum demand for parking will not be required by the various alternative uses simultaneously. It is the intent of these provisions to assure that the operation of the subject project does not result in the use of surrounding properties or public streets for parking purposes by patrons of the project. The.conduct of major entertainment events, or,other special activities, on the site that generate demand for parking in excess of the parking provided may be deemed to be inconsistent with the approved conditional use. Additional restaurant uses that may be proposed for the satellite building pads or other tenant spaces will be considered on a case by case bases for compliance with the parking standards. 21. Provide the number and size of handicapped parking stalls in.accordance with the State of California Building Code. All handicapped parking stalls shall be of a width.providing at least 14 feet of usable space. Refer to the"Development Requirements for Handicapped Accessibility"of above-mentioned code. ti 1 Conditions of Approval C-97-270 June 12,2001 Page 13 All handicapped stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow±away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) All handicapped parking stalls shall be placed adjacent to facility access ramps or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. (Include this note on the site plan.) 22. Lighting where provided to illuminate parking,sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works. (Include this note on the site plan.) This condition shall also apply to all other outdoor lighting including the illumination of the athletic fields. The final lighting plan is subject to the review and approval of the Planning and Development Department. LOADING SPACES 23. Provide three loading spaces. Spaces shall be a minimum of 12 feet by 40 feet. Provide a 14-foot vertical clearance for loading spaces within or under a structure. 24. Per Section 12-306-L of the Fresno Municipal Code, loading space requirements will apply when a use involves pick-up and delivery of materials(other than normal solid waste collections)from trucks and tractor-trailers weighing more than two tons. ACCESS 25. Vehicular and/or pedestrian access shall be provided and/or.limited subject to the provisions noted on the approved exhibits and these conditions. The vehicular access to East Hampton Way shall be limited to emergency vehicles only as determined by the Development Department. COVENANTS AND AGREEMENTS (Unless otherwise noted,all covenants or agreements will be prepared upon receipt of the fee indicated below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits.) 26. An avigation easement and agreement shall be executed with correct signature(s) of the property owner or authorized agents with notary acknowledgment(s) in accordance with the provisions of the.Fresno Yosemite International Airport and Environs Specific Plan. Conditions of Approval C-97-270 June 12,2001 Page 14 27. Hold as one covenant or other satisfactory legal instrument to assure legal use of the entire property. 28. Remit$520 fee for preparation and processing of covenant(s)or agreement(s). OUTDOOR ADVERTISING 29. Signs are not approved for installation as part of this special permit. Submit for separate Sign Review. (Contact Public Services for information at 559/498-1371,Room 3043.) (Include this note on the site plan.) 30. Submit a comprehensive sign plan delineating the design,color, materials, size and style of lettering to be used by all tenants of the subject site and the entire integrated development. Include elevations of any free-standing signs(existing or proposed)and show their location on a site plan. ONLY that signage reviewed and authorized may be displayed on site. 31. Window signs are limited to 4 square feet in area,providing information about hours of operation and emergency, sale or rental information only. Exterior signage such as banners, flags and pennants are prohibited. However,a special event banner sign announcing Grand Openings,New Management etc. are permitted for 30 days if approved by the Development Director,attached to the building and not exceeding 32 square feet in area. (Include this note on the site plan.) SPECIAL DEVELOPMENT STANDARDS 32. All uses selling alcoholic beverages for on-site or off-site consumption must be authorized by approval of a conditional use. The subject project is approved for restaurants serving alcoholic beverages located within the major north and south structures. Additional uses proposing to sell alcoholic beverages must be considered and approved by.separate conditional use permit applications. Comply with Police Department memorandum dated May 15,2001. 33. The operation and management of the activities on the project site are subject to compliance with all applicable noise standards, regulations and policies of the City o f Fresno. PART E- CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements of the attached Fire Service memorandum dated 4/26/01 , and notes on Exhibit A for fire hydrants and/or emergency access. (Contact Fire Prevention, 559/498-1023 for further information.) Conditions of Approval C-97-270 June 12, 2001 Page 15 2. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. (Include this note on the site plan.) 3. Provide orientation maps at all driveway entrances to the project. Show the location of the maps on the site plan. Contact City Fire and Police Departments for requirements. SOLID WASTE COLLECTION ,- 4. Comply with the attached Solid Waste Management Requirements for solid waste and recycling container enclosures, and the provisions noted on Exhibit"A"dated June 11. 2001 . 5. The solid waste information and collection points as depicted on the site plan do not comply with the requirements of the Public Utilities Department, Solid Waste Management.Division. Trash enclosures and recycling enclosures must be shown on the site plan and approved by the Solid Waste Management Division. Contact Solid Waste Management Division, Public Works Department at 559/498-1455,between 8 a.m. and 9 a.m. regarding this issue. 6. No recycling information was provided. POLICE PROTECTION REQUIREMENTS 7. Comply with the attached Police Department memorandum with crime prevention unit signature dated May 15,2001 . (Contact Crime Prevention Unit, Police Department, 559/498-4445 for further information.) HEALTH PROTECTION REQUIREMENTS 8. Comply with the requirements of the County.of Fresno Department of Health,dated Mgy 3. 2001 . (Contact Fresno County Health Department at 559/445-3357271 for further- information.) FLOOD CONTROL REQUIREMENTS 9. Comply with the attached Fresno Metropolitan Flood Control District memorandum, dated Mgy 4. 2001 . (Contact Fresno Metropolitan Flood Control District at 559/456-3292 for further information.) 6 Conditions of Approval C-97-270 June 12, 2001 Page 16 NOTE: The U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for all industrial uses listed in Attachment C provided by FMFCD and for any construction site of five or more acres of land. It is the prop=or business owner's responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55.No. 222 of the Federal Register. ster. 10. Comply with Wastewater Management Division's Letter to Businesses Within the Fresno-Clovis Regional Wastewater Facility's Service Area,dated June 20, 1996. For information call Judi Tapia at 5591498-1718. SCHOOL FEES 11. The project site is located within the Fresno Unified School District boundaries and fees must be paid prior to issuance of building permits as noted in the attached letter dated May 2,2001. Provide proof of payment(or no fee required)prior to issuance of building permits. STREET TREE REQUIREMENTS 12. Comply with Park Division street tree requirements along East Dakota(eleven trees) and North Cedar Avenues (seventeen trees)and East Hampton Way(ten trees),per Section 11-304, Fresno Municipal Code,and pay street tree landscape plan review fee of$36.00 (or applicable fee of Master Fee Schedule at the time payment is due) see attached memorandum, dated April 26, 2001 . For further information contact Parks Division at 559/498-4908. 13. A Parks Division fee at the rate in effect in the Master Fee Schedule at the time payment is due to inspect street trees must be paid prior to.the issuance of building permits. The Fresno Municipal Code requires a total of 38 street trees in the parkway space or tree well between curb alignment and property line,except as described in Paragraph 1 of the aforementioned memo. Notify Parks Division 72 hours prior to pouring concrete when tree wells are required in the sidewalk and prior to any excavation. For further information contact Parks Division at 559/498-4908. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 14. Comply with attached San Joaquin Valley Air Pollution Control District policies on dust and ozone mitigation.. Conditions of Approval C-97-270 June 12,2001 Page 17 PART F-AUSCELLANEOUS Approval of.this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits (dated June 11,200 JI and the following: 1. The project area is situated within a noise impacted area(65 - 70 dB CNEL)due to its location with respect to the Fresno Yosemite International Airport. Office and commercial uses are identified as conditionally acceptable on the conditions that outside activities are minimal and that construction features which provide sufficient noise attenuation are used. Outdoor recreational uses are also identified as conditionally acceptable. Public/institutional uses such as libraries,auditoriums and large child day care facilities are listed as normally unacceptable requiring mitigation of the indoor noise-levels by the use of special noise insulation construction. It would be necessary for an acoustical engineer to develop an analysis to incorporate effective.mitigation measures into the project design.to reduce noise levels to interior levels 45dB or less in noise sensitive rooms accommodating normally unacceptable uses. A copy of the analysis must be submitted at the time of building plan check and at back check,with a check for$72,or as listed in the Master Fee Schedule. 2. Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures. 3. Roof-mounted and detached mechanical equipment for commercial and office uses shall be screened from view and acoustically baffled to prevent the noise level rating for the equipment from exceeding 55 Ldn measured at the nearest property line. (Include this note on the site plan.) 4. All pay telephone stations and outdoor retail or vending stations must be identified on corrected or revised site plan drawings for the conditional use permit. 5. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating,or construction,work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission(Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists.. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. Conditions of Approval C-97-270 June 12, 2001 Page 18 If animal fossils are uncovered,the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Development Department Director within 15 days. K:VC-97-270-C'OA-REV RevisedSM101 CITY OF FRESNO MMGATED NEGATIVE DECLARATION Initial Study is on file in the Development Department Environmental 01 MAy 1 I All 6: 21 City Hall,2600 Fresno Street,Fresno,California 93721 Assessment Number: ?;Y Cl ` , r•; C, (209)498-4441 C-97-270 APPLICANT: Milton Barbis Assessor's (The Zone Sportsplex) Parcel Number: 39004000 North Cedar Avenue 438-020-04,05,28,63 Fresno CA &65 PROJECT DESCRIPTION AND LOCATION:ADDENDUM TO Filed with: ENVIRONMENTAL ASSESSMENT NO.A-97-19,R-97-30,C-97-270.Milton REBECCA E.KLISCH,City Clerk Barbis is applying for Conditional Use Permit Application No:C-97-270,which 2nd Floor-City Hall proposes the development of a sports,health and entertainment complex with 2600 Fresno Street approximately 298,327 square feet of building area to accommodate athletic, Fresno;:Califomia:93721-3603 sports and related entertainment or health activities,community meeting rooms and banquet facilities,restaurants and food court,related retail sales and ancillary offices. The conditional use permit also requests authorization to serve alcoholic beverages on the premises associated with the restaurant and food court establishments. Outdoor activities include athletic fields(soccer and softball)and batting range with lighting to accommodate activities beyond day-light hours. The approximately 45.8-acre project site is planned for the commercial recreation uses by the City of Fresno's McLane Community Plan and is zoned"CR",Commercial Recreation. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments ofany applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist, and any attachments to the checklist, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment.The incremental effed contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist,including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the"Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: SUBMITTED BY: Darrell Unruh,Planner Gil Haro,Planning Manager r4 4 DATE: LJA .~�l J ATA CSC-97-270-MND-AMND ADDENDUM TO INITIAL STUDY ENVIRONMENTAL ASSESSMENT NO.A-97-199 R-97-309 C-97-270 REVISED PROJECT DESCRIPTION: Conditional Use Permit Application No. C-97-270 has been filed for the development of an approximately 45.8-acre commercial-recreation project located on the east side of North Cedar Avenue between East Dakota Avenue and East Hampton Way. The proposed sports, health and entertainment complex includes approximately 298,327 square feet of building area,with both single and two-story construction,to accommodate athletic,sports and entertainment or health activities,community meeting rooms and banquet facilities,restaurants and food court, and related retail sales and ancillary offices. The conditional use permit also requests authorization to serve alcoholic beverages on the premises associated with the restaurant and food court establishments. Outdoor activities include athletic fields(soccer and softball)and batting range with lighting to accommodate activities beyond day-light hours. The project site has been approved for commercial recreation planned uses and development in accordance with the"C- R", Commercial Recreation,Zone District. In addition,the applicant has indicated the desire to pursue automobile service station(fueling facility) and a restaurant,including drive-through service, for at least two of the satellite building pads proposed along the site's North Cedar Avenue street frontage. The fueling station use is not presently included as a permitted use within the C-R Zone District and must be added to the district either through a text amendment to the Zoning Ordinance or the Director Classification procedure. In addition,the project site development plan must be modified to include the physical features of both the fueling station and restaurant with drive-through service. The revised project with satellite building pads, additional community use facilities,and expanded indoor athletic/sports opportunities has expanded the proposed building square footage from approximately 222,400 of the previous proposal to approximately 298,327 square feet. The revised project also proposes consideration of a vehicle driveway access to East Hampton Way along the north side of the project site. Plan Amendment Application No. A-97-19 and Rezoning Application No. R-97-30 were approved by the City Council on April 14, 1998. Environmental Assessment No. A-97-19, R-�97- 30, C-97-270 was prepared for this project and a negative declaration approved. This project was also referred to the Fresno County Airport Land Use Commission for consideration. The Airport Land Use Commission reviewed the project and conditions have been included in the project in response to the commission's recommendations. These conditions also address the applicable provisions of the Fresno Yosemite International Airport and Environs Specific Plan. Several alternative land development proposals have also been examined for the project site, including large scale high volume retail establishments(big-box retailer) and multi-screen movie theater. At least one of these alternative scenarios was extensively evaluated including the preparation of a traffic analysis. This traffic analysis evaluates current conditions,planned CITY OF FRESNO(MITIGATED)NEGATIVE DECLARATION iC�!'1ED 08 FEB -5 AIM 8: y S WN Study Is on file In the 1 rn mental Development Department Assessment Number. CITY t;'"Ll:ft, FRFSIO CA Cky Hall.Third Floor A-97-19. R-97,30, 2600 Fresno Street CUP 97-270 Fresno,Callfomia 93721 (209)4984441 APPUCANT: Assessors Wan to wan sports,Inc. Parcel Number: 942 East Olive Avenue,Fresno,CA 93728 438-020-04,05, REPRESENTATIVE: 28,63 & 65 Dirk Poeschei,Land Development Services 2310 Fresno St.#105,Fresno,Ca 93721 PROJECT DESCRIPTION AND LOCATiONA-97-19M-97-30/0-97-270:Plan Amendment Filed With: Application No.A-97--19 proposes to amend the McLane Community Plan and the Fresno REBECCA E. KUSCH, City Clerk Yosemite International Airport and Environs Specifiic Plan to change the planned uses of an 2nd Floor-City Hall approximately 48-acre property located northeast of the intersection of North Cedar and East 2600 Fresno Street Dakota avenues from medium high density residential,commercial office,commercial Fresno, California 93721-3603 recreational and open space uses to commerdal recreational use. Rezone Application No. W-30 proposes to rezone the property to the C-R Conmerdal Recreational Ione District slid Conditional Use Permit Application No.C-07-270 proposes development of a multiuse sports complex with associated office and commercial uses Including restaurant with on-site 3w and wine sales,sporting goods retail sales,fitness center,day care,and ospital/medical offices/brinic facilities. The project also includes the proposed vacation of .he North Barton Avenue street right-of-way extending north from East Dakota Avenue north tppr+oximately 1320 feet and may include an agreement with the City of Fresno addressing Jovelopment application and facility fees. rhe proposed project-has been evaluated with respect to each Item on the attached environmental cheddist. This completed cheddist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed xoject and the physical environment. The information contained in the Environmental Assessment Application,the cheddist,and any attachments -a the checkr4 combine to torn a record Indicating.that an initial study has been completed In compliance with the State CEQA Guidelines and he California Environmental Quality Act. My rating of'Ton the cheddist Indicates that a specific adverse environmental effect has been Identified M a category which is of sufficient nagnitude to be of concern. Such an effect may be Inherent In the nature and magnitude of the project or may be related to the design and taracterlstics of the individual project. Effects rated in this manner are not sufficient In themselves to require the.p reparation of an Environmental mpact Repot and/or have been mitigated to the extent feasible. 41 new development activity and many projects contribute directly or Indirectly toward a cumulative impact on the physical 3nvironment. The Incremental effect contributed by this project toward such a cumulative effect is rat considered substantial In Itself. fie proposed project is not expected to result In any significant adverse effects In temps of the factors considered on theenvironmental checklist. nduding any such factors for which minor effects have been Identified. Cumulative effects of a significant nature are also not expected. The .xvposed project will not result In any adverse effects which fall within the'Mandatory Findings of Significance'contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will dearly not have a significant adverse effect on the 3n vIronment. rhis(Mitigated]Negative Declaration will be deemed final and effective If no appeal Is filed In the manner by vection 12-513 of the Fresno Municipal Code. MTIAL STUDY PREPARED BY: Darrell Unruh, Planner SUBMITTED B . R yb n R. ac Senior P1 ne 4ATE: February 4, 1998 U;_KIC0MM0N\EAA9719.MN0 EAA9719.MNO VTRONMENTAL CHECYT ORU:PROJ:BACHKl.SP13AA9719.CHL 9W 1101ftnmental Bffects BA NO.A-97-19/R-97=97/C-97-270 lA TOPOGRAPHIC. SO GBOLOOIC 1 11.7 Availability of storm water drainage facilities OONSID (on or off-site 1.1 o ..c , s,trustable soil conditions 1 11.8 AvailabiUty of adequate park and recreation 1.2 Adverse a in topogtap or gcotmd surface relief areas 13 Destruction o unique geologic or physical features 1 11.9 Unusually high solid waste generation IA Increased water erosion - 12.0 HAZARDS. 2.0 AIR QUALITY 1 12.1 Rist of plosion or release of hazardous 2.1 Substantial indirect source of pollution(Large vehicle substances. generator) 1 12.2 Site subject to flooding 2.2 Direct on-site pollution generation T 12.3 Adverse change in course of flow of flood 23 Generation of objectionable odors I waters 2.4 Generation of dust except during construction 2 12.4 Potential hazards from aircraft accidents 2.5 Adverse local climatiche anges -T- Potential hazards from landfill and/or toxic 3.0 WATER waste sites 3.1 nsu crent ground water available for long-term 13.0 AESTHETICS oject use 1 13.1 struction to public or scenic vista or view pr 3.2 Use of large quantities of ground water 1 13.2 Creation of aesthetically offensive conditions 33 Wasteful use of ground water T 13.3 Removal of street trees or other valuable 3A Pollution of surface or ground water supplies vegetation 3.5 Reduction in ground water recharge I 13A Architectural incompatibility with 4.0PLANT LIFE surrounding area 4.1 uction of the numbers of any unique,rare,or 14.0 HISTORICAL/ARCHAEOLOGICAL endangered species 1 14.1 o ncption of 4.2 Reduction in acreage of agricultural crop archaeological site 43 Premature or unnecessary conversion of prime 1 14.2 Construction or activity incompatible with agricultural land adjacent historic site 5.0 ANMAL LIFE 15.0 ENERGY 5.1 auction in the numbers of any rare,unique,or 1 15.1 Use ofo `substantial amounts of fuel or energy endangered species 1 15.2 Substantial increase in demand upon existing 5.2 Deterioration or displacement of valuable wildlife sources of energy habitat 1 . 15.3 Wasteful use of.energy 6.0 HUMAN HEALTH 7.0 NOISE Explanation of Ratings 7.1 ac-imses in existing noise levels 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available to determine 8.1 uction of glare,which will adversely affect the tential environmental effects which may residential areas result from the pied project in this category. 8.2 Exposure of residences to high levels of glare 9.0 LAND USE No Significant Environmental Effect 9.1 UZ76mpati Mity with adopted plans dad policies The proposed pen ect will not have as adverse 93 InducAcceles unplanned n growth rate . environmental effect in this category,or a>i such 93 Induces unplanned growth effect is not substantially unusual or of undesirable 9.4 Adverse change in cresting or planned area magnitude. This rating is also utilized in cases characteristics where the category is not applicable to the 10.0 TRANSPORTATION AND CIRCULATION particular projoct under consideration. 10.1 eration of vehicle traffic sufficient to cause capacity ..2" Moderate Environmental Effect deficiencies on existing street system - 10.2 Cumulative increase in traffic on a major street for which capacity deficiencies areprojoeted The proposed pro ect will have an adverse 10.3 Specific traffic hazard to motorists, bicyclists,or environmental effect in this category, which is pedestriansof sufficient magnitude to be of specific concern- 10.4 Routing of non-residential traffic through residential However,this effect is not substantial enough area in itself to require the p aration of an 10.5 Insufficient or poorly located parking Environmental Impact ReeporL 10.6 Substantial increase m rail an od/ r air traffic 113" Significant Adverse Environmental Effect 11.0 URBAN SERVICES 11.1 vara rty o ere protection The environmental effect identified in this category 11.2 Lack of emergency vehicle access substantiates in itself or contributed toward a 113 Adequacy of design for crime prevention finding that the proposed project has a potentially 11.4 Over+crowdrng of school facilities significant adverse effect on the environment 11.5 Availability of water mains of adequate size sufficient to require the preparation of an 11.6 Availability of sewer lines of adequate capacity Environmental Impact Report. INITIAL STUDY ENVIRONMENTAL ASSBSSMENT.NO. A-97-19/R-97-30/C-97-270 PROJECT DESCREMON: Plan Amendment Application No.A-97-19 proposes to amend the McLane Community Plan and the Fresno Yosemite International Airport and Environs Specific Plan to change the planned uses of an approximately 45.5-acre(net)property located northeast of the intersection of North Cedar and East Dakota.Avenues. The amendment would change the planned uses from 25.03 acres medium high density residential, 7.23 acres commercial office, 4.235 acres commercial recreational and 9.02 acres open space uses to 45.5 acres commercial recreational. Rezone Application No. R-97-30 proposes to rezone the_property -to..the C-R Commercial .Recreational Zone District and Conditional Use Permit Application'No.'C-97-270 provides-for the development of multi-use indoor and outdoor sports complex-with associated office and commercial uses including restaurant with on-site beer and wine sales,sporting goods retail sales, fitness center, day care, and hospital/medical offices/clinic facilities. The project also includes the proposed vacation of the North Barton Avenue street right-of-way extending north from East Dakota Avenue north approximately 1320 feet and may include an agreement with the City of Fresno addressing development application and facility fees. Bordering'Property Information: Planned Land Use . Existing Zoning Existing Use North: Medium Dens. R-I & R A Residential & Residential & Office Vacant South:- Neighborhood Comm. C-1 & R-2 Commercial & Comm. & Residential East: Freeway & Industrial R A & M-1 Freeway&Mud-Storage. West: Medium Dens. R-1 Residential & Church Residential 2.0--AIR QUALITY The proposed project may cumulatively contribute to the incremental decline in local air quality. However, the project's air quality impact in and of itself is not considered significant. The project site is located in Fresno County, which, in addition to the rest of the San Joaquin Valley, has consistently exceeded State and Federal ozone and PM-10 standards. It is a nonattainment area for ozone and particulate matter and, within the Fresno-Clovis Metropolitan Area, has also been in the past a nonattainment area for carbon monoxide. The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), is responsible for a 46 n4I7AL STUDY ENVIRONMENTAL ASSESSMENT NO. A-97-19,R 97-30,G97-270 Page 2 monitoring air pollutant levels, and maintaining or improving air quality through regulatory, planning and incentive programs. -The Air District has developed the San Joaquin Valley 1991 California Clean Air Act, Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the three above noted pollutants. The plan includes a number of strategies to improve the air quality including a transportation control strategy and a vehicle inspection program- This project will be subject to those-strategies. In addition, the construction phase of the project will be subject to the Air District's Regulation VIII,Rale 8020, related.to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest level possible level. While recognizing the regional air quality problems, the development of an integrated project consisting of athletic competition and recreational:activities, medical treatment facilities, and retail/service commercial uses can help reduce the number and length of vehicle trips. The project's proposed location near the intersection of North Cedar and East Dakota Avenues, approximately one and onedmlf miles south of the California State University Fresno campus, also facilitates the use of the Fresno Area Express public-transportation to access the facilities. The City of Fresno also supports the implementation of Measure "C" funded transportation improvements including the construction of Freeway 168 serving the eastern and northeastern portions of the metropolitan area, synchronization of traffic signals to facilitate smooth traffic flow on arterial streets such as Cedar Avenue, and continued public transit improvements. 3.0—WATER The Public Utilities Department,Water Division,states that the project can be adequately served by the City of Fresno's water supply and distribution system. The project is located approximately one-half mile west of the City's major:urban groundwater recharge facility referred to as "leaky acres". Water well and pump station. facilities.in this vicinity produce substantial quantities of water with.acceptable quality to adequately meet both domestic and fire protection demands. 4.0--PLANT LIFE There are no known native plants or significant wildlife populations on the project site. The project site is now undeveloped fallow ground but was previously subject to intensive agricultural cultivation and dairy production activities for many years. 7.0--NOISE _ The project site is located within the aircraft generated noise exposure contours of-the Fresno Yosemite International Airport. The southwesterly approximately 118 of the project area is INITIAL STUDY.' -_ ENVIRONMENTAL ASSESSMENT NO. A-97-19,R-97-30,C-97-270 Page 3 located within the 60-65 decibel Community Noise Equivalent Level(dBA CNEL)noise contour. The northeasterly 7/8 of the project area is located within the 65 to 70 CNEL noise exposure area. Outdoor team sport activities, parks, play grounds, and the related office and commercial uses are listed as normally acceptable within the 60-65 noise contour and conditionally acceptable within the 65-70 CNEL noise exposure area. It is anticipated that the higher ambient noise levels of the project's location will not adversely effect the proposed uses and activities given the nature of the predominantly participatory sport activities, and the related office and commercial uses-intended to primarily_serve.the patrons of these facilities. It is expected that businesses and their patrons will choose to utilize the proposed facilities due the locational advantages and the range of sport,.exercise, health and recreational activities available which are highly noise sensitive. Structures that host medical and related health service,daycare,retail commercial and restaurant uses will be located in the western and southwestern portions of the project site. These areas have lower noise exposure levels,and have been designated in the past for office commercial and residential uses as well as commercial recreational. These structures will be required to be designed and constructed to provide sufficient noise reduction to assure appropriate indoor environments. In addition, covenants and avigation easements are required to assure full disclosure of the ambient outdoor noise level conditions. Vehicle trips generated by full.development of the proposed project may also contribute to traffic noise generated from East Dakota Avenue and North Cedar Avenues. However, the number of trips predicted for the proposed project would be less than that expected from development of the currently planned multiple-family residential and office uses. In addition, it can be anticipated that the completion of Freeway 168 along the east side of the project site will contribute to the area's ambient noise levels to a much greater extent than the:project traffic. The proposed outdoor team sport activities can be also.be-expected to.generate noise. However, noise generated by on-site activities must comply with the standards of the City of Fresno's Noise Ordinance. Activities that generate objectionable noise, particularly after 10:00 pm, will be required to be modified as necessary to-assure compliance with the adopted noise limitations. 8.0--LIGHT AND GLARE Lighting of outdoor playing soccer fields and softball diamonds might be a potential nuisance to nearby residences located to the north and south of the project site. However, the existence of boundary street right-of-ways and on-site buffers, and the utilization of lighting design measures including location,orientation, height and shielding will provide ample means to reduce light and glare to acceptable levels. The orientation and shielding of outdoor lighting will also be required to be approved by the City of Fresno's Airports Department to assure there will be no conflict with airport operations. y INITIAL STUDY HWMONMENTAL ASSESSMENT NO. A-97-19,R-97-30,C-97-270 Page 4 9.0--LAND USE The subject site is presently planned for approximately 7.5 acres of office commercial,25.2 acres of medium high density residential,4.4 acres of commercial recreational and 10.6 acres of open space uses. These planned uses provide for more intensive development opportunities,attracting much larger numbers of people for longer periods of time, than the multi-use commercial recreational concept presented by the proposed plan amendment, rezoning and development concept. The proposed project would devote approximately 34.5 acres of the project area to athletic field activities (soccer, softball and volleyball) located on the eastern and northeastern portions of the. site. These uses are participant oriented, rather than spectator oriented, and will maintain lower concentrations of people with substantial open space consistent with airport operation considerations. The structures housing the office, commercial, and sports/exercise activities together with on-site parking would be located on the western most approximately 13.2 acre portion of the project site. The prevailing plan policies applicable to the subject site are provided by the Fresno Yosemite International Airport and Environs Specific Plan. This plan establishes the following land use and development considerations applicable to this site. 1. The southwesterly approximately 1/8 of the site is located within the 60-65 CNEL noise exposure contour. Outdoor spectator sports, parks, playgrounds, office and retail commercial uses are listed as normally acceptable within this noise exposure area. 2. The northeasterly 7/8 of the project area is located within the 65-70 CNEL noise exposure contour. Within this noise exposure contour outdoor sports,parks,play grounds, office and retail commercial uses are.listed:.as -conditionally acceptable. While the provisions of the conditionally acceptable-category state that outdoor activities will experience moderate interference it further provides that these uses would be acceptable on the condition that outdoor activities are minimal and that construction features which provide sufficient noise attenuation are used This provision for minimal outdoor activity is contradictory to the nature of parks, playgrounds and outdoor sports uses which can not function with minimal outdoor activity. A valid interpretation of this provision would be that it was intended to apply to the residential and commercial uses that are designated as conditionally.acceptable within several.noise exposure contours. 3. The Airport Environs Plan noise policy 3.a.(3) notes that special circumstances which would affect the specific proposal's noise sensitivity (e.g. the extent or lack of outdoor activity). also shall be taken into account. Special circumstances applicable to the INITIAL STUDY ENVIRONMENTAL ASSESSMENT NO. A-97-19,R-97-30,C-97-270 Page 5 predominantly outdoor uses,such as playgrounds and outdoor team or competitive sports activities, could be the extent to which they are designed to accommodate activities that are, or are not, noise sensitive. The enjoyment of active recreation and competitive sports, such as softball, volley ball and soccer, involves the generation of moderate noise levels and is not adversely affected by exposure to other sources of noise. Focusing upon these types of recreation and sports activities would promote compatibility with airport operations. Similar active recreation facilities have been developed within airport runway approach areas in other communities including Stockton and Sacramento. 4. The northeasterly 1/4 of the project site is located within:the.Airport Safety Zone (APZ) DL The Aitport/Land Use Safety Compatibility Criteria provide that uses not in structures are acceptable with"little or no risk .- Uses in structures are listed as prohibited when they accommodate a concentration of a large number of people such as schools, hospitals, nursing homes, large residential support facilities, large child cay care centers, churches, auditoriums, concert halls'and amphitheaters. The project's location within the McLane Community Plan, which generally covers the east central portion of the Fresno Metropolitan-Area,is appropriate for recreational and health related activities. Adequate facilities for open field team sports and other athletic or exercise activities are severely limited within this community plan area, similar to other older urban communities, such.as the Fresno High-Roeding and the Roosevelt Community Plan areas. This site has also been considered by the City of Fresno for the development of publicly owned recreation facilities. However, the absence of reasonable financial resources has prevented implementation an acquisition and improvement program.. Based upon the site's size, location, orientation to surrounding uses and improvements, and availability of public facilities and services, the proposed project.is compatible with applicable plan provisions and would not be an adverse change in existing or planned area characteristics. 10.0 TRANSPORTATION Development of urban uses on the project site, which has remained vacant for approximately 20 years, will necessarily contribute additional vehicular traffic which must be accommodated by the surrounding street network. During the past 20 years numerous planning and development studies have been conducted to identify the most appropriate potential land uses for this site and the adjacent property to the southwest, which is now developed as a neighborhood commercial center.. Alternative uses examined included medium to high density residential, office, commercial, commercial-recreation, business and industrial park, mini-storage and open space. Projected vehicle trips generated by the various urban development alternatives ranged as high as 11,357 vehicle trips per day (vtd). The business/industrial park alternative, considered most j � y capacity and future potential impacts upon the level of service provided by the surrounding street and highway system. In addition,the city staff has evaluated the potential impacts associated with allowing vehicular access the East Hampton Way,which is a residential local street. 10.0 TRANSPORTATION A traffic analysis of the project site included an evaluation of the three intersections(E. Dakota/N. Cedar Aves., E. Ashlan/N. Cedar Aves., E. Ashlan/N. Barton Aves.) and two freeway access ramps(E. Ashlan Ave./Southbound Fwy. 168,E. Ashlan Ave./Northbound Fwy 168). Projected levels of service during the morning(a. m.)peak hour traffic period for these locations in the year 2020 are generally considered to be satisfactory. The acceptable level of service adopted by the City of Fresno is a"D"level of service(modest delay at a signalized intersection during the peak hour periods)or better. However,the two major street intersections have been projected to have conditions that do not meet this standard during the p.m. peak period. The E. Dakota/N. Cedar Aves. intersection projected an"E"level of service(substantial delay) and the E. Ashlan/N. Cedar Aves. intersection projected an"F"level of service(severe delay). In.order to improve the operation of these intersections to a level of service of"D"or better in the year 2020 additional lane improvements appear to be necessary at the two major street intersections. These improvements are projected to be necessary to sufficiently accommodate future traffic conditions even without the proposed project. However, several of these recommendations include additional travel and turn.lanes which necessitate acquisition of substantial amounts of street right-of-way from developed properties. The provision of vehicular access to the project site from East Dakota Avenue on the south and East Hampton Way on the south would redistribute vehicular traffic associated the proposed project,and would reduce demands upon the street major intersections at Cedar/Dakota Avenues and at Cedar/Ashlan Avenues. These access points will have a substantial traffic capacity benefit by reducing left-turn traffic movements at the major intersections. However, these access points will also introduce non-residential vehicle traffic.to.the residential neighborhood to the north and require elimination of on-street parking along portions of East Dakota Avenue. Project conditions will require design measures to reduce potentially adverse consequences such as entrance only. 1 INTT?AL STUDY ENVIRONME14TAL ASSESSMENT NO. A-97-19,R-97-30,C-97-270 Page 6 appropriate by the Development Department, would have generated a projected 9,500 vtd. Development of the proposed project uses would generate a projected average of 4578 vehicle trips per day (vtd) as compared to 5079 vtd by the presently planned uses. Both North Cedar Avenue, a classified arterial street, and East Dakota Avenue, a classified collector street, have traditionally served as major metropolitan vehicle transportation routes. Cedar Avenue has traditionally served as a major north-south route providing vehicle access to California Statel University Fresno campus and other major commercial and office uses in the north Fresno area.. It also accommodates a significant public transportation route-for Fresno Area Express bus service connecting Central Fresno with northeast Fresno and the City of Clovis. Dakota Avenue'has-served as an alternative route for vehicular travel between Central Fresno and the Air Terminad, East Fresno industrial areas and the City of Clovis. The design capacities of Cedar Avenue (four-lane divided) and Dakota Avenue (four-lane undivided) are :31,700 and 24,300 vehicle trips per day respectively. The most recent traffic monitoring counts measured 23,100('91)and 21,200('93)daily vehicle trip volumes respectively on these two streets. However; development of the metropolitan freeway system, including Freeway 41 to the west and Freeway 168 immediately to the east, substantially reduces dependance upon Cedar Avenue for cross-town travel. Therefore it can be expected that traffic volumes on Cedar and Dakota Avenues will decrease during peak periods and increasingly serve shorter convenience or community based trips in the future.. Peak period traffic.volumes on Cedar. and Dakata Avenues in the vicinity of the proposed project can also be expected to decrease as Freeway 168 accommodates the longer commute trips. The traffic generating characteristics of the project uses may also be somewhat different than those of the presently planned uses. The presently planned residential and officetcommercial uses can be expected to display typical vehicle trip concentrations during the a.m. and p.m. peak period traffic periods when traffic carrying capacity is.at-a premium. In comparison it can be expected that the,proposed project will generate.considerably.fewer vehicle trips during the a.m. peak period. Patronization of the competitive sport, physical health and related commercial activities can be expected to concentrate during and after the peak p.m.period on weekdays and throughout the day on weekends. The proposed project will serve primarily the central, eastern and northeastern portions of the Fresno Metropollitan area which is underserved by both public outdoor recreational facilities and private physical health/exercise facilities. It can reasonably be predicted that a substantial portion of the traffic generated by the project uses will be captured from, existing work-to-home commutes or work to other alternative recreation activity destinations. Furthermore, it can be expected that the patrons of this facility will not be attracted from significant distances utilizing future Freeway :168 during the conventional peak traffic periods. The proposed project has been evaluated by the City's traffic engineering staff which has made i R TTUL STUI)Y ENVIRONMENTAL ASSESSMENT NO. A-97-19,R-97-30,0-97-270 Page 7 several street improvement recommendations including 1) construction of a 150-foot long south bound left turn pocket in Cedar Avenue at the main entrance to the project, with a "worm" diverter to prevent left turn exiting from the project and, (2) construction of a "worm" diverter to prevent left turn movement from Hampton Avenue to Cedar Avenue.' 12.0 HAZARDS The project site is located.northwest.of the Fresno Yosemite International Airport runway and the northeasterl3i 1.16-acre portion of the site is situated within the boundaries of Airport Safety Zone M. This..l►roject has been reviewed by the City of Fresno's Airports:Department,staff and the land use safety compatibility criteria policies of the Fresno Yosemite International Airport and Environs Specific Plan are presented in section 9 above. It is noted that Cl a project proposes outdoor athletic activities in the northeast portion of the site compatible with Safety Zone III criteria. The more intensive office and commercial buildings are proposed in the southwest portion of the site approximately 1800 to 2400 feet southwest of the extended centerline of the main airport runway(I IL29R) and outside the airport safety zone area. Project improvements .include single-story office and commercial. --buildings, exercise/athletic gymnasium (approximate 50-foot height), softball backstops and field lighting (approximate 40400t height)which comply with runway approach obstruction height limitations. FINDING The characteristics.and location of the proposed project raises several environmental concerns as reviewed above. However,based upon an analysis of these potential effects and-the project's compliance with applicable policies, standards and requirements assures that the project will not result in a .potentially significant environmental :impact. Therefore the..preparation of an Environmental L'npact Report is not:warranted and the filing of a,Mitigated:Negative Declaration is appropriate. EAA7019.IS 7-12-01 TO: Brad Castillo, Dist 4 Henry Perea Dist. 7, - McLane Area Councilmembers FM: Jeanne Larson, Member McLane Area Revitalization Committee 3457 E. Redlands, Fresno 93726 (243-0815) RE: Proposed THE ZONE SPORTSPLEX on old Harpain Diary Property Cedar Avenue between Dakota and(Hampton Way) Ashlan There are land plot changes that do not appear on the proposal as noted in the public notice in THE PRESNO BEE. (Listed as CUP C-97-270, 438-020-04, 05, 28, 63 & 65.) Owners now, listed as Sphere Properties, LLC and APN's 438-020-05, 30, 91, 92. Materials given to me by Development Deptartment do not indicate that the changed design has been reviewed by the Airport Land Use Commission. This former Harpain Dairy property has been vacant for years because of safety constraints for the Fresno Air Terminal. It unbelieveable that the Fresno County Airport Commission in 1998 approved two story buildings to reach heights of 40-50 feet adjacent to the safety zone. Night lights for sports events could be a confusing factor for small planes, especially. How soon we have forgotten the tragedy on Chestnut/Olive where a training plane nearly smashed into Ewing School. This ,property is the last large piece of land that could be used for a Regional Park in central Fresno. It could be developed for such use if the property were backzoned to public recreation instead of being rezoned to commercial recreation, office buildings and restaurants. Other areas of the City have regional parks (Roeding, Woodward) where entrance fees are negligble. A commercial sports oriented venture is not needed in the McLane Area. We need a public park with bike and jogging paths, picnic areas and a few soccer fields. The I 998 plan called for Little League and Soccer League fields. That need has been met in a FMFCD ponding basin near River Park. The proposed Sportsplex project is not in the best interest of the residents of the McLane .Community as it would duplicate many of the business already in the area. FOOD SERVICE ESTABLISHMENTS Cedar/Ashlan - Mexican restaurant and pizza parlor. Cedar/Dakota - McDonalds, Taco Bell, Carl's Jr., Armenian, Taco Drive thru Cedar Between Dakota/Shields - Kentucky Fried, Italian Rest., Frosty Freeze, Chinese Take out, Chinese Restaurant,Taco Shack,Two Mexican Resataurants, Cedar Lanes Buffet GAS STATION/MINI-MARTS Cedar/Ashlan.- two, Cedar/Shields-two y rZ OFFICES OF 11177 (� TIO1�I �DI C� PHONE(559)233-7161 FAX(559)233-8227 .. 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water July 1,2002 L7 t Jin J'UL Mr. Arnoldo Rodriguez City of Fresno DFVFIOPF�IE�T DE?Al3'IIv�FIil'r CITY OF FRESNO Planning Division Current Planning Section 2600 Fresno St. Third Floor Fresno, CA 93 72 1-3 604 RE: Tentative]Parcel Map No. 2002-13 —FID's Gould Extension No. 151 Canal Dear Mr. Rodriguez, FID's comments and requests are as follows: 1. FID's Gould Extension No. 151 canal,formerly known as the Big Dry Creek No. 150 canal,traverses the subject property in an exclusive easement recorded on February 7, 1979,as Document No. 15775, in Book 7215, Page 909,Official Records of Fresno County. 2. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 3. FID requests that the applicant be required to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the canal embankment, or result in drainage patterns that will adversely affect FID or the applicant. Thank you for submitting this for our review.Please feel free to contact me with any questions or concerns at 233- 7161 extension.317. Sincerely, jret NOI Q' O DISTRICT ohn n Engineering Technician I BJ: vm File: Agencies/City/TPM2002-13 BOARD OF President EDGAR WALDRON,Vice-President EDDIE NIEDERFRANK,JEFF NEELY DIRECTORS JEFF BOSWELL.JACOB C.ANDRESEN.General Manager.GARY SERRATO PARKS, RECREATION & COIV MUNITY SERVICES DEPARTMENT TO: Arnoldo Rodriguez, Planner FROM: Nancy Morrison,Parks Planning Coordinator(559. 621.2927) DATE: July 1, 2002 SUBJECT: VESTING TENTATIVE PARCEL MAP NO.2002-13,Location:North side of East Dakota Avenue, between North Cedar Avenue and Hwy. 168 The Parks Department has reviewed the engineering plan,dated June 12,2002, prepared by Harbison International, Inc. The Park:Department offers the following comments regarding"off-site"conditions for the proposed project... STREET TREES: 1. The Parks, Recreation and Community Services Department may approve a request for waiver of street tree requirements for Cedar and Dakota Avenues if the applicant agrees.to plant an equivalent number of shade trees within ten feet behind the sidewalk. When the building permit is issued, street tree inspection fees will be collected to verify that the trees were in fact,planted per plan. 2. A minium of ten street trees are between the curb and property line on E. Hampton Avenue. The street tree species shall be,an American Ash cultivar. The following notes shall appear on the landscape plan: Trees planted within the right-of-way shall be planted by the property owner after first obtaining a street tree planting permit and a street work permit Notify the Parks Division to verify tree planting locations 72 hours prior to any excavation(498-4239). Trees planted in the right of way shall be located with the following minimum setbacks. The following spacing standards shall be included as a note on the landscape plan: 30'from street corners for visibility&15'from driveways,stop signs,alleys,light poles and powcr poles 10'from fire hydrants&8'from sewer lines 5'from building overhangs and 2'from adjacent concrete and adjoining property lines 3'from gas,electrical,and water lines,and roof drains Drilling to pierce hardpan shall be required prior to planting each street tree. Notify Parks Inspector(559.498.4906)two working days in advance of drilling date for inspection of drilling operations and to check backfilling procedures and safety barriers. Drilling shall be completed within the 14 days for which clearance was obtained for approved locations. Holes shall W 2 feet in diameter and drilled to a depth where visual evidence of the subsurface sand or gravel drainage stratum Is apparent;the drainage hole shall be drilled to a minimum of 10 feet deep. Immediately following drilling,the hole shall be backfilled with soil drilled from the hole,using sufficient water to thoroughly saturate the backfill material. Imimediately following backfilling,the white spot designating the planting site is painted black to indicate the site has been drilled. The drilled sites are barricaded and checked daily for 5 working days for soil settling. Soil levels are adjusted as necessary during this time. After 7 days,the barricades and excess soil are removed. Soil shall be allowed to settle for a minimum of 20 days prior to planting. The property owner is required to provide a drip irrigation system to each street tree before occupancy. The irrigation system shall comply with FMC 12-306-N-23. 3. This project with commercial zoning may meet the street tree requirements by planting a minimum of 28 median sized shade treCs,(seventeen trees on N.Cedar and eleven trees on E..Dakota)within 10'of the back of the sidewalk. Landscape plans submitted as part of the site.plan review.package verify the street tree planting behind the walk in lieu street tree hlanting in the public right of way. For each street tree required,an inspection fee will be paid at the rate in effect in the Master Fee Schedule at the time payment is due(FMC 11-304e). Parks,Recreation and Community Services Comments,PM.2002.11 I 20 July 1,2002 Page 2 4. The property owner is required to provide an irrigation system to each street tree before occupancy. The irrigation system shall comply with FMC 12-306-N-23. MEDIAN ISLANDS: 5. Landscaping is required per FMC 12-306-N-24. However,field inspection verifies that the median island landscaping fronting the project on Ashlan has been completed,and no in lieu fees or further landscaping is required.. If a new median is constructed per PW requirements or if the configuration of the existing median is to change,the developer shall Ibe required to provide landscape and irri atg ion plans to the Parks Department for review. ENVIRONMENTAL ASSESSMENT: 6. This project its consistent with the Parks Master Plan. FEES 7. Additionally.,please assure that the following administrative/plan check fees are collected: Street Tiree Fees: . Collect the street tree landscape plan review fee of$36.00 (Acct. #781963-3184) Collect the Street Tree Inspection total fee for 38 trees at the rate in effect in the Master Fee Schedule at the time payment is due. (#34859,Fund#63548,Org#179900)(for tree plantings by private party). Median Island Landscaping Fees: Collect the median island site plan review fee of$37.00.(Acct. #950816-3177) Additioinal fees for median island landscaping may include fees for landscape plan review and field inspections. Should the project be phased, separate site plan, landscape plan and inspection fees shall be collected for each phase. City of DEVELOPMENT DEPARTMENT Building& Safety Services Division L 2600 FRESNO STREET RR M�_% A�al FRESNO CA 93721--3604 REQuIREMENTs Fog REviEw OFA FINAL PARCEL MAP SUBJECT: Parcel Map No. 2002-13 A.P.N. 438-020-92, 91, 05 DATE: July 11, 2002 I: Items marked with a ® are required for submittal of a final parcel map. (Omission of any of these elements may be cause for rejection of the submittal). ® 4 sets (prints) final Parcel map(10 sets if Improvement plans are required). ® 4 sets (prints) street light construction plans, including details of existing lighting within 400 feet of map boundaries.It is recommended that a preliminary layout on a proposed final map be reviewed and approved by the City traffic Engineer prior to final map submittal. ® 6 sets(prints)street construction plans, including safety lighting design, and calculations for storm water capacity of temporary ponding basins(when required). ❑ 6 sets (prints) sanitary sewer and/or water construction plans, including well site development. (Public facilities) 0 3 sets (prints) FMFCD plans. ® 2 copies of the Engineers cost estimate for street, sewer, water and storm drain construction. ❑ 1 copy of the Soil Engineer's Report with "R" values together with a copy of the Engineering calculations for street structural sections. ® 1 copy of the Grading Plan(Submit to Building and Safety Services Division/Engineering Section, Oran Wallis, 498-4364) If P.U.D. with private streets or condominium, one copy of On-site Utilities Plan. ® 1 copy listing the individual parcel areas in net square footage and net acreage. ® 1 copy of the preliminary title,report(Current within 30 days). - ® 1 set of deeds and.deed drawings for easements(off-site)the processing fee is $215 each deed. ® Any-other submittal items required as a special condition of the tentative Parcel map approval. F` a Y�:l ® Estimated filing fees(refer to the attached fee table for Parcel Map and Fire Prevention fees).Sewer and Water Plan submittal fee($460.00).Street Plan submittal fee($460.00).Fees quoted are subject to periodic update - submittals are subject to current fees in effect at the time of submittal. EVIEW WILL COMMENCE WHEN ALL OF THE ABOVE ITEMS HAVE BEEN SUBMITTED TO TH DEVELOPMENT DEPARTMENT, LAND DIVISION SECTION. II The following items (items 1-5) are required prior to forwarding a final parcel map to the Director for approval. These documents must be submitted to the Land Division and Engineering Section. 1. 4 prints of the technically correct final tract map with all required signatures. 2. Executed subdivision agreements with authorization for corporate and partnership signatures; covenants; and execute C. C. &R's if applicable. 3. Standard improvement security(CD's,bonds, or Instruments of credit) and deposit. 4. Cash for fees as shown on the subdivision agreement. 5. Tax Compliance Request Form with:(a)subdivision guarantee(one copy);(b)legal description(two copies). ETHE FOLLOWING ITEMS ARE REQUIRED ONE WEEK PRIOR TO DIRECTOR.APPROVAL ** 6. Verification by Construction Management that the durable monuments have been set. In accordance with Section 66497 of the Subdivision Map Act,the City must receive evidence of payment to the engineer or surveyor for the setting of final monuments prior to final map approval. In the event of the deferment of the setting of interior corners by secured agreement, evidence of payment to the engineer or surveyor must be received prior to the release of such agreement and security. 7. Final tract map tracing(original) These documents will be processed through the Development Department, Land Division and Engineering Section. Should you have any questions regarding these matters,please contact Louis Rocha at(559) 621-8074. PARCEL MAP PROCESSING FEES THE (SEES USTEDD BELOW ARE E GEC THE AS OF SEPTEMBER 19 1997 r FEE CODE STANDARD MAP STANDARD MAP 3 PARCELS 4 PARCELS OR OR LESS MORE FINAL PARCEL MAP 950352-3089 $3,160.00 $4,410.00 FIRE DEPARTMENT REVIEW FEE 950402-3089 $22.00 $22.00 TOTAL FINAL MAP PROCESSING FEE ; $3,182.00 $4,432.00 PARCEL MAP PROCESSING FEES - INNER-CITY THE FEES USTED BELOW ARE EG G EC THE AS OF SEPTEMBER 1 199 FEE CODE STANDARD MAP STANDARD MAP t 3 PARCELS 4 PARCELS OR OR LESS MORE FINAL PARCEL MAP 950352-3089 $1,580.00 $2,205.00 FIRE DEPARTMENT REVIEW FEE 950402-3089 $22.00 $22.00 TOTAL FINAL MAP PROCESSING FEE " M, $1,602.00 $2,227.00 JUL-31-2002 WED 03:31 PM FMFCD FAX N0, 559 456 2452 P. 02/18 File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami,Chief Engineering Tech.THE'LONE SPORTS CENTER LLC. Development Services Department 2037 W. BULLARD AVE.,STE 186 City of Fresno FRESNO,CA 93711. 2600 Fresno Street Fresno,CA 93721 MAY NO, _2002-013 PRELIMINARY FF.F(S) (See below) l;)RAINACiI;ARE'A(S) "IJV If - DRAINAGE AREA " JJ " _ $26.00 DA1.17 DRAINAGE AREA TOTAL FEF, $26.00 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}:nvironmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Pian. Compliance with and implementation of this Master Plan by this development proJect will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. T1ic proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance Z 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 0 approval of the final map for the fee. 0 Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) bees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that a typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master I'lan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. i d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 21002.01,KIS 5469 M:.01.1 V E - F1;ESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document JUL-31-2002 WED 0332 PM FMFCD FAX N0, 559 458 2452 P, 03/16 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 c) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. a. Drainage from the site shall be directed to - X — b. Grading and drainage patterns shall be as identified on Fxhibit No. 1 # 2 �. C. The grading and drainage patterns shown on the site pian conform to the adopted Storm Drainage and Flood Control Master Plan. 2. the proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Ilan facilities located within the development or necessitated by any off-site improvements required by the approving agency. X _ Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". -- None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X _- Grading Plan X Storm Drain Plan X Final Map X Streit Plan X Water&Sewer Plan Other 4, Availability ofdrainagc facilities: _X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Fxhibit No. 2. 5. The protx)sed development: X ApIwars to be located within a X 500 year X 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain mwiagement action. See attached Floodplain Policy. Does not appear to be located within a flood prone area. 2(90,013 Nis 5469 E.OFA VE: - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document JUL-31-2002 WED 03:33 PM FMFCD FAX N0, 559 456 2452 P. 04/18 FRESNO METROPOLITAN FLOOD CONTROL DISTRiCT NO'T'ICE OF REQUIREMENTS Page 3 of 4 6. T'hc federal Cl+.an Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits) require dcvclopers of construction projects disturbing five or more acres,and discharges associated 80 with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NI'DES) permitting, to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction, and to thoso which may be generated by operations at the development after construction. a. State (1eneral Permit for Storni Water Discharges Associated with Construction Activities,August 1999 (available at the District Office.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least five acres(or less than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance,and complete an annual certification of compliance. Under the Phase 11 federal storm water quality regulations a State General Construction Stone Water Permit will be required for all activities that disturb one acre no later than November,2003. b. State Gencral Permit for Storm Water Discharges Associated with Industrial 0 Activities, April, 1997(available at the District Office.) A State General ■ Industrial Permit is required for specific types of industries described in the N1'I7I:S 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,dcvclop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train � crnhloyecs in permit compliance, sample storm water runoff and test it for o pollutant indicators, and annually submit a report to the State Board. aoua.ut.i 5469 E.OLIVE: - FRESNO,SNO,C:A 93727 - (559)456-3292 - FAx(559)456-3194 Two sided document JUL-31-2002 WED 03:34 PM FMFCD FAX N0, 559 456 2452 P. 05/18 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE.OF REQUIREMENTS Page 4 of 4 C. 'the proposed development is encouraged to select and implement storm water duality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water rano lf. 7. A requircrnent of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. 'I'lie District.reservcs the right to modify,reduce or add to these requirements, or revise fccs, as nemssary to accommodate changes made in the proposed development by the developer or requirements made by other agencies: 9. 4�y X Sec Exhibit No. 2 for additional comments, recommendations and requirements. Gerald F. Lak ifi n, Disti ict Engineer Project Engineer: Robert Villalobos C: HARBISON INTMNATIONAL 2755 F". SIIAW AW'.'., STE, 101 FRE.SNO, CA 93710 2Uuz.o:� 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 rwo sided document JUL-31-2002 WED 03:35 PM FMFCD FAX N0, 559 456 2452 P. 06/18 011 EAt REQUIREMENTS EXHIBIT NO. 2 -1'lie cost of constructiol}of Mastcr Ilan facilities,excluding declication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Doveloprnent AgmenlCnt shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's M"ter flan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. If the Develops r is unaible to surface drain over the realigned.Dry Creek Channel to Dakota Avenue, 111011 the Devcloper shall construct a private on-site extension as shown on Exhibit No,1. This will l)clp drain a portion of the site north of the Dry Creek channel to the District's thirty-inch (30") cliametcr storin dratin in Dakota Avenue, If the Developer desires to place the Dry Creck Channel underground,the conveyance capacity and hydMillic c,11culations must be approved by the Fresno Irrigation District (FID) and the Fresno Metropolitan Flood Control District(.FMFCD). The Fresno Irrigation District owns,operates,and rnaintairis(lie chaitanclforirrigation purposes. The Fresno Metropolitan Flood Control Districtroute s flood flows through the channel which has a capacity of 350 cubic feet per second and the undergi,ound facility must maintain the 350 cubic feet per second capacity. Cross drainage covenants are required on Parcels "A" through "J" of TPM 2002-013 to allow (Ir.,dna gc to reach the Master Plan drainage facilities. Balton Avenue has been proposed to be vacated in the past between Hampton Way and Dakota Avenue. Plea.�e refer to the attached Fresno Metropolitan Flood Control District letter,submitted to the City of Fresno on April 6, 1998,regarding the District's vacation rcquirements. In addition to the requirements outtined in the District's letter, a public drainage easement shall be.dedicated to the District for flaiil:on Avenue from Hampton Way to Dakota Avenue for the passage of major storms. Barton Avenue leas historically provided a passage for major storm flows from the north to Dakota Avenue. Any grading of the Barton Avenue area shall be designed such that there are not adverse impac(s to the Passage of said major storm flows. Also, a valley gutter across Barton Avenue at Ilnarnptoii Way will he constructed in place of the storm drain outlet originally required by the District with the District's 1998 vacation comments. The City of Fresno's staff has approved consiruetioin of a valley gutter alt this location.. Development No. _TPM 2002-013 Page 1 of 2 engilperm4l exhibi12120=cily-1pm\2W2.0l3(rv) JUL-31-2002 WED 0336 PM FMFCD FAX N0, 559 456 2452 P. 07/18 OTHER REQUIREMENTS EXHIBIT NO. 2 There is an existing temporary pond located at the southwest corner of TPM 2002-13. The District hits existing storm drainage facilities, which can provide drainage service to the properties being served by the bond. Therefore, the City's requirement for storrn water to be retained by the pond is no longcr necessary,as outlined in the District's April 12,2000 letter to the City of Fresno. We have attached a copy of the District's letter for your reference. In an effort to improve storrn water runoff quality, outdoor storage areas shall be constructed and nli inutined such that material which generates contaminants will not be conveyed by runoff into the storin Chitin system. 'MIC UiStriCt C HCOUrages, but does not require that roof drains from non-residential development be constracted siiell that they arc directed onto and through a landscaped grassy swale area to fitter out Pollutant's from roof runoff. Runoff front areas whew industrial activities, product,or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing, is to be requited unless such wash water can be dircacd to the saniury sewer system. Storm,drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks,depressed areas,and areas servicing or fueling vehiclesare specifically subject to these requirements. Development No. _ TPM 2002=013 Page 2 of 2 engNicr;nitk xhibit>.2002lcity-tpm\2DO2-013(rv) JUL-31-2002 WED 03:37 PM FMFCD FAX NO, 559 456 2452 P. 08/18 BUCKINGHAM WAY > HAMPTON WAY 0so,05 436- > 020— 020 �� ' o iii 43V J < hll Sea] "--400' —Mgr A 01?Y Ld PARr 0 20# DAKOJA BIGAVE. -TIF —_ JON -7-- Master I'loa loclVies to he Constructed by Developer --- Inlet & lcleml Existing 1Empol-oty Inlet to be Removed and Rep,'Gced with Poster I'llon Inlet, if Barton Ave. is not Vocoted �011t."I'Ircjl Private facilities to be 0t5,rUoeed by -Developer -- Not Eligible for Fee Credit MR existing Inlet to be Removed « flvbk Drainage Easement and Storm Orcoage cosemeni J F &i9kg ftskrr P/c/1 facilities Required of the City of frosno w;lb Gorton Avenue vocation. Vollcy 601161 to be Constructed by Developer-- Not Eligible for Fee Credit Acctioo of Drainage Inlet Rounolay VZ''/`! f 1)evc/oocr to Provide 0 Public Orainoge Eoscrnent, if Barton Ave. is Vacated. Arilolop-,, to Dedicate Starly? Drainage Easement (size shown) to the &s1rkt or retoin PUE if Barton Ave. is Vocoted.* TPW 200,94M EXHIBIT NO, I Bramage arca 141' FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DW^. P&a cr/1"W JUL-31-2002 WED 03:38 PM FMFCD FAX 140, 559 456 2452 P. 09/18 FLOOD PLAIN POLICY r—ftw r, floocX P rrat�s Because ofthc relatively high velocities and volumes of flood flow associated with primary flood plains, and because the primary flood plain is responsible for passing the greatest percentage of the flood event, development located in such flood plains is subject to substantial risk, both to itself and to others as a result of the potential for blockage and diversion of flood waters. In view of these factors, the following policy statement is proposed: 1) All proposed development activity shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development to the secondary flood plain and the primary flood plain; and, further, to identify the estimated high water elevation of the I 00-year flood event. 2) All development and/or permanent improvement activity which, if located within the primary floodway, may unduly impede, retard, or change the direction of flow of water either,by itself,or by the catching or collecting of other debris or is placed where the flow of water would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted. Sq.ggd M Flood flaias Because developmeitt within secondary flood plains is subject to inundation,but without the threat of increased velocities of flood waters, and because the excessive development of the secondary flood plain can result in increased water surface elevations through displacement of flood waters, the following policy statement is suggested: 1'91X1 1) Development in secondary flood plains is generally acceptable when a detailed hydrological flood hazard investigation report had been prepared indicating that the area proposed for development is located within a secondary as opposed to a primary flood plain. 2) The development must be properly flood proofed below the estimated high water elevation of the 100-year flood event. 3) The development is accomplished is such a way as to prohibit the displacement of any and all flood waters from that portion of the flood plain to be developed. uruiy9ll',ricky.hiroieticiie.dk?m!piain policy-form JUL-31-2002 WED 03:39 PM FMFCD FAX NO, 559 456 2452 P. 10/18 l'I= METROPOLITAN FLOOD CONTROL DISTRICT File No. 220.013811 April 12, 2000 Mr. Carl Kassabian City of Fresno 1)ublic NVorks Department Engineering Services 2600 Fresno 'Sireet Fresno, CA 93721 Dear Mr. Kassabian, Availability of Drainage Service APN: 438-002-63, 66, 67, 69, and 70 Drainage Area 'UP Site Address: Northeast Corner of Cedar and Dakota Avenues 3820 - 3890 North Cedar Avenue Fresno, CA 93726 'I'lie District has constructed storm drainage facilities which can provide drainage service to the subject parcels. Drainage from the site may be directed to either Cedar Avenue or Dakota Avenue. As a result, the City's requirement for storm water to be retained by temporary facilities is no longer necessary to control storm water volumes and flows from the site. Abandonment of the temporary facility will require all pipelines, if any, entering the site to be plugged and/or eliminated in accordance with City standards. 5469 E.01AVE # FRESNO,CA 93727 - (559)456-3292 - FAX(659)456--3194 JUL-31-2002 WED 03:40 PM FMFCD FAX N0. 559 456 2452 P. 11/16 Availability of Drainage Service APN: 438-002-63, 66, 67, 69, and 70 Drainage Area "JJ" Site Address: Northeast Corner of Cedar and Dakota Avenues 3820 - 3890 North Cedar Avenue Fresno, CA 93726 Page 2 Storm water runoff contains pollutants which will build up over time in a storm water runoff retention facility. The site owner and the operator are fully responsible for the proper operation,maintenance,and abandonment of the temporary retention facility at the subject location. The Federal Clean Water Act prohibits the discharge of anything but storm water to the storm drain system. Storm water drainage only,that is surface water runoff from parking tots,landscape and roofs may bo directed from the site to a public street or the District's storm drainage system. Please contact me at (559) 456-3292 with any questions o: concerns you may have about the I;)istrices drainage services. You may also contact Melinda Marks, Environmental Resources Manager, at the same number for additional information about Federal storm water quality laws and regulations. Sincercly, Kett Vang Engineer I KV/sgb Einclosure(s) c: Alan Hofinann, Fresno Metropolitan Flood Control District Matthew Takahashi, City of Fresno - Code Enforcement Wall to Wall Indoor Sports Incorporated sgblken.v120001krssahian-1tr JUL-31-2002 WED 03;40 PM MOD FM N0. 559 456 2452 P. 12/18 ..a FRESNO M.F:TROPOLITAN FLOOD CONTROL DISTRICT File No. 210 .416 April, 6, 1998 Jim Polegrcve senior. Engineering Technician Public Works Department 2640 Fresno Street Fresno, CA 93727 Gentlemen, Vacation of Barton Avenue Between Hampton and Dakota Avenues Drainage Area "Jill The District has a 30 inch diameter storm drain within Barton Avenue which extends approximately 400 feet north of Dakota Avenue. The: City neurit maintain a public utility easement or provide the District with an exclusive 20' wide storm drain easement for the 30 inch drainline . There is an existing lateral and inlet apprc-)ximately 100, south of Hampton Avenue in Barton Avenue. The City mu8t provide a storm drain easement for the inlet and lateral and provide a drainage Easement to convey runoff from the future outlet on the west side of Barton to Hampton Avenue as shown on the ,attached .,ketch. There is existing curb and gutter on the east side of Barton Avenue south of Hampton Avenue which is graded to the south. The City must provide a drainage easement to convey runoff in a southerly direction to the Master Plan inlets as shown on the attached skntch . Please keel) this office notified concerning the progress of this vacation and the execution of our requests in this letter. Please refer to the attached sketch for the locations of the above men':i.nnerd facilities. Sincerely, Bolo Notley Senior Desig, 'Technician BN/d, 9840!a nal b W pol s g r")V C.f t! 50469 E. OLIVE • FRESNO, CA 93727 • (209)456.3292 • FAX (209)456-3194 JUL-31-2002 WED 03;42 PM FMFCD FAX N0. 559 456 2452 P. 14/18 oty of REPORT" THE CITY COUNCIL — AGENDA i fEM NO. / A -Y lCOUNCIL MEETINGS ef 6474z OEFARTMEMDIHECTOR CITYMANAOE `/j/� �� APRIL. 16, 1998 FROM: Public Works Department BY: Carl J. Kassabian, City Design Engineer SUBJECT: ADOPT A RESOLUTION OF INTENTION TO VACATE BARTON AVENUE BETWEEN DAKOTA AVENUE AND HAMPTON WAY AND PONTIAC AVENUE BETWEEN BARTON AVENUE AND FREEWAY 168 I�ACKGRQU,� Wall to Wall Indoor Sports, Inc. is requesting the vacation of Barton Avenue between Dakota Avenue and Hampton Way and Pontiac Avenue between Barton Avenue and Freeway 168, as shown on =xhlbit "A" of the attached Resolution of Intention. The Applicant Is proposing to develop a unified multiple-use indoor and outdoor sports facility named THE ZONE Sportsplex on its property roughly bounded by Cedar, Dakota, and Hampton Avenues and Freeway 168 in accordance with Conditional Use Permit No. C-97.270. A review by the Traffic Division, other City Departments and utility agencies has determined that the right-of-way proposed for vacation is unnecessary for present or prospective public street use and Staff therefor recommends approval of the proposed vacation. The City Attorney's Office has approved the attached Resolution of Intention as to form. Environmental Assessment No. R-97-30,C-97-270,A-97-19 shows that,with the Imposition and fulfillment of the conditions noted therein, there is no substantial evidence that the proposed vacation may have a significant adverse effect on the environment. Accordingly, a mitigated negative declaration is the appropriate environmental finding for this project. Environmental Assessment No. R-97-30,C-97.270, A-97-19 will be presented to the Council for consideration at the time the Council is to take final action on the proposed vacation, The vacation, if approved by the Council at the public hearing, will become effective upon recordation. The applicant's proposed plans for development would require modification If the applicant's request Is denied. 75 JUL-31-2002 WED 03;43 PM FMFCD FAX N0. 559 456 2452 P. 15/18 REPORT TO THE erry COUNCIL Page 2 April 16, 1998 IS; Shall the Council adopt Resolution of Intention No. 1013-1) for the vacation of Barton Avenue between Dakota Avenue and Hampton Way and Pontiac Avenue between Barton Avenue and Freeway 168 and set the required public hearing at 10:20 a.m. on May 12, 1998? CONCLUSIONS AND RECOMMENDATIONS It is recommended that the Council adopt Resolution of Intention No. 1013-D for the vacation of Barton Avenue between Dakota Avenue and Hampton Way and Pontiac Avenue between Barton Avenue and Freeway 166 and set the required public hearing at 10:20 a.m. on May 12, 1998. FISCAL IMEACT OE BECOMMENDATION None. Attachment- Resolution of Intention No. 1013-D P.W. File No. 10054 1 d 10064,421 JUL-31-2002 WED 03,44 PM FMFCD FAX N0, 559 456 2452 P. -16/18 EXHIBIT A PROPOSED VACATION OF BARTON AVENUE BETWEEN ]DAKOTA AVENUE AND HAMPTON WAY ARM" I PON= HIM I I I F /Jo i 1 �� JUL-31-2002 WED 03:45 PM FMFCD FAX N0. 559 456 2452 P. 17/18 'r RESOLUTION OF INTENTION NO. 1013-D RESOLUTION OF INTENTION TO VACATE BARTON AVENUE BETWEEN DAKOTA AVENUE AND HAMPTON WAY AND PONTIAC AVENUE BETWEEN BARTON AVENUE AND FREEWAY 168 WHEREAS, It Is the intention of the Council of the City of Fresno, State of California (the "City"), to order the vacation of Barton Avenue between Dakota Avenue and Hampton Way and Pontiac Avenue between Barton Avenue and Freeway 168, located exclusively within the City; for further particulars as to the proposed vacation, reference is hereby made to the attached Exhibit "A Incorporated herein by reference and on file In the Office of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721. NOW. THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS FOLLOWS; 1. The hour of 10:20 a.m. on May 12, 1998 In the Council Chambers In Fresno City Hall, is hereby fixed as tho time and place when and where all persons interested In or objecting to the proposed vacation may appear before the Council and be heard in relation thereto. 2. The Council elects to proceed under the provislons of Chapter 3, commencing with Section 8320, of the Public Streets, Highways, and Service Easements Vacation Law of the State of California, 3. The Public Works Director of the City Is directed to cause notices of the proposed vacation to be published and posted for the time and in the manner prescribed by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code. 4. The Council preliminarily determines that the public street easements proposed to be vacated are riot usefut as a bicycle path or route. If the Council does not rescind such preliminary _r JUL-31-2002 WED 03:46 PM FMFCD FAX N0. 559 456 2452 P. 18/18 ;r determination, the Council may proceed to make a final determination, at the public hearing, that thg- public street easements be vacated as provided herein. CLERKS CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, [IV' E. KLASCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the ..day of__ -91998. AYES: NOES: ABSTAIN: ABSENT: Mayor Approval:__ _ _ 11998 Mayor Approval/No Return: , 1998 t Mayor Veto:,,....,.._._."- ' 1998 Council Override Vote:.. , 1998 REBECCA E. KLISCH City cleric BY: Deputy APPROVED AS TO FORM: CITY A ORNEY'S OFFICE BY. D ty P.W. File No. 10054 ri10054s.dc -2-