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HomeMy WebLinkAboutPM 2003-37 - Conditions of Approval - 3/10/2005 City of Planning & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 March 4, 2004 Please reply to: Paul Bernal (559) 621-8073 Yamabe & Horn Engineering, Inc 1300 East Shaw Avenue, Suite 176 Fresno, California 93710 Dear Applicant: SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2003-37 PROPOSING A THREE (3) LOT PARCEL MAP FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EAST FIR AND NORTH RECREATION AVENUES, The City of Fresno Planning Division has completed its review of the subject map. Pursuant to Fresno Municipal Code FMC Section 12-1205(c), this letter is written to advise that the Conditions of Approval dated February 26, 2004, are as noted on the attached document. If you have any questions regarding the conditions you must notify either Louis Rocha or Paul Bernal at 621-8073 no later than March 9, 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. Apoeal: The divider or any aggrieved person may file an appeal regarding to 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 Fling a written appeal with the Director of the Planning and Development Department. 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 Planning and Development Department prior to 5 p.m. on March 19, 2004. 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 year time limit. Yamabe & Horn Engineering, Inc TPM-2003-37 March 4, 2004 Page 2 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 Planning and 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 five years. If you wish additional information, please contact the City of Fresno Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, 621-8277. Your inquiry should be directed to either Mr. Louis Rocha (engineering or improvements issues)or Paul Bernal (planning or zoning issues). Sincerely, Paul Bernal Planner li Current Planning City of rn� :--. .,�� PLANNING & DEVELOPMENT DEPARTMENT DATE: March 2, 2004 TO: NICK YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARO, Planning Manager er Planning Division FROM: PAUL BERNAL, Planner�� Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2003-37, LOCATED ON THE SOUTHEAST CORNER OF EAST FIR AND NORTH RECREATION AVENUES. BACKGROUND Vesting Tentative Parcel Map No. 2003-37, filed by Yamabe and Horn Engineering, Inc filed on December 16, 2003, and accepted for processing on January 26, 2004, proposes the creation of three (3) parcels for a commercial development on 3.58 acres of property located on the southeast corner of East Fir and North Recreation Avenues. The parcel map site is designated for office commercial land uses by the 2025 Fresno General Plan and the Woodward Park Community Plan. Site Plan ReGiew Application No. S-03-221 was a request to develop the site with four (4) office buildings which was approved on September 3, 2003. Approval of this tentative parcel map is subject to the Planning and Development Director finding that the map is consistent with the officially adopted plans and policies of the City of Fresno. Staff has reviewed the proposed design and improvements of Vesting Tentative Parcel Map No. 200337 and has determined that the map is consistent with adopted plans and policies as described below. REQUIRED FINDINGS California Environmental Quality Act (CEQA) - The California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State El Guidelines permit a public agency to determine whether a particular project is exempt from CEQA. A determination of a Class 15 Categorical Exemption (Section 15315/Minor Land Divisions) from CEQA was made and Environmental Assessment No. TPM 2003-37 (Categorical Exemption) was completed for this project and dated on February 26, 2004; and, filed with the Fresno City Clerk on March 2, 2004. NiCK YOViNO Vesting Tentative Parcel Map No. 2003-37 Page 2 March 1, 2004 STATE SUBDIVISION MAP ACT- The Subdivision Map Act (California Govemment Code Section 66410 et. seq.) requires that a proposed parcel map not be approved unless the map, together with its design and improvement, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Finding Nos. 2-5, below, is made in the negative. 1. The proposed parcel map, together with its design and improvements is consistent with the City's 2025 General Plan and the Woodward Park Community Plan which designates the site for office commercial land uses. 2. The site is physically suitable for the proposed type and density of development because of the flat terrain of the site and adequate access and drainage on and off the site. 3. The proposed parcel map design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed parcel map design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5. The proposed parcel map design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. Staff, based on its own analysis, has determined that the parcel map, subject to the recommended conditions of approval, otherwise complies with the design and property development standards of the Zoning Ordinance and local Parcel Map Ordinance and recommends the approval of the parcel map. DIRECTOR DETERMINATION I. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2003-37 is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Director hereby grants approval of Vesting Tentative Parcel Map No. 2003-37 dated January 26, 2004, subject to the conditions of approval dated February 26, 2004, and to become effective on March , 2004. 41,L i Yovino, Director V city of LISC+��i`���� Planning and Development Department 2600 Fresno Street•Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559)621-8277 FAX (559)498-1012 February 26, 2004 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 2003-37 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 Planning and 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. 2003-37 are as follows: LEGAL STATUS OF SITE TO BE SUBDIVIDED 1. The parcel map site, was legally created as Parcel B of Lot Line Adjustment No. 04- 97, in the City of Fresno, County of Fresno, State of California, as evidenced by an Application for Lot Line Adjustment Recorded May 8, 1997 as Instrument No. 97059446 of Official Records, and being more particularly described as follows: Parcel F of Parcel Map No. 9041, in the City of Fresno, County of Fresno, State of California, according to said Parcel Map recorded ,January 23, 1992 in Book 52 of Parcel Maps, at Pages 54 and 55, Fresno County Records. Together with that portion of Parcel D of said Parcel Map No.90-41 lying between the southerly prolongations of the westerly and easterly lines said Parcel F. ZONING 2. Proposed parcels must be consistent with approved C-P/UGM/CZ, (Administrative and Professional Office District/Urban Growth Management/conditions of zoning) zonedistrict and the R-P/UGMICZ,(Residential and Professional Office District/Urban Growth Management/conditions of zoning) zone district for the parcel map site in terms of lot width, depth, height, and lot area and must provide access to a public right-of-way. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 2 February 26, 2044 3. Relinquishment of vehicular access onto East Herndon Avenue from Parcel C. Access will be provided from North Recreation Avenue. 4. All conditions of zoning per Rezone Applications R-6949 and R-8212 have been complied with. PLAN CONSISTENCY 5. The 2025 Fresno General Plan and the Woodward Park Community Plan designates the parcel map for development with office commercial land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies office commercial land uses as consistent with the C-P and R-P zone districts. SUBDIVISION MAP ACT REQUIREMENTS 6. Concurrent with the filling of a final map and when the provisions of Section 66436 of the Subdivision Map Act apply, the subdivider is responsible to send,by certified mail, a sketch of the proposed final map, together with a copy of SMA Section 66436(a)(3)(A), to any public entity or public utility which has previously acquired a right-of-way easement. 7. Comply with provision of the State of California Government Code Sections 66410 - 66499.58 (the Subdivision Map Act) and the City of Fresno Municipal Code Chapter 12, Article 10 (Subdivision of Real Property). GENERAL PUBLIC WORKS REQUIREMENTS Dedications 8. 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. Conditions of Approval Tentative Parcel Map No. 2403-37 Page 3 February 26, 2004 Street Improvements 9. 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. 10. 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. Sanitary Sewer System 11. The subdivider shall connect each parcel being 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 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. Water System 12. The subdivider shall connect each parcel being created to the City of Fresno's water system with a separate water service and meter 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 connection to the City's 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. Street. Sewer and Water Construction Plans 13. 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. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 4 February 26, 2004 ON-SITE REQUIREMENTS 14. The subdivider may either construct the required off-site improvements prior to the approval of the final parcel map; or enter into an agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the approval of the final parcel map. 15. All off-site and public improvements shall be constructed in accordance with the Public Works Department Standards, Specifications and Policies. Engineered construction plans and estimates for all or part of the required work shall be required prior to the issuance of Street Work Permits unless otherwise determined by the City Engineer. The cost for such plan preparation, review and construction inspection shall be at the subdivider's expense. 16. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants, poles(power, telephone, cable, etc),fire hydrants which must be relocated or removed in conjunction with the construction of these off-site improvement requirements, shall be the responsibility and at the expense of the subdivider. 17. All existing overhead utilities, including but not limited to, electrical systems, communication systems and street lighting systems shall be placed underground in accordance with the provisions of Section 12-1011 of the Fresno Municipal Code and the policies of the Public Works Department. 18. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type, location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 19. On-site Sewer and/or Water System(s). All on-site sewer and water systems shall be "private". In the event the subdivider proposes to construct "public" on-site sewer and/or water systems facilities, written approval by the Public Utilities Department shall be required and provided with the submittal of the initial final parcel map. Such facilities shall placed in a dedicated easement and shall be included'as public improvement requirements for the parcel map. 20. Unless otherwise determined by the Public Utilities Director, a covenant shall be required which provides that the property owners shall be responsible for the restoration, replacement and expense of any private surface improvements removed or damaged during the course of maintaining such public facilities by the City or its agents. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 5 February 26, 2004 21. Sidewalks (including wheelchair ramp landings) and driveway approaches, for undeveloped parcels of this parcel map, shall be required as a condition of site development. 22. Those items identified with an asterisk (') refer to obligations of the applicant for development of parcels with net acreage of 4 to 10 acres. The Public Works Director has determined that completion of such designated improvements may be deferred until time of development or further division of the parcel(s) upon written request by the applicant. The request must specifically acknowledge the applicant's waiver of any rights provided by Section 65961 of the California Government Code. 23. Easements: Identify the location, type, size,and record information of easements on and through the site must be shown on the final map. 24. If P.G.&E. has an existing pole line that serves the property and the existing pole line crosses proposed property lines and is not covered by an existing easement, it is the property owner's responsibility to provide adequate rights-of-way to P.G. & E. If P.G. & E's, assistance is required to determine whether an easement will be required contact Scott Combs, Senior Land Technician, Fresno Land Rights Office, at 263-7375. 25. 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. Telephone, cable, and other public utilities which propose above-ground facilities determined by the Planning and Development Director to be oversized shall be located in an additional easement area outside of the landscape strips required along major streets. 27. All work and engineered plans for public improvements shall conform to the 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, hereinafter referred to as the "Public Works Standards". PARK SERVICE 28. The development/owner shall contact Parks, Recreation and Community Services at 621-2903 for street tree requirement. FIRE SERVICE 29. No requirement. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 6 February 26, 2004 STREETS AND RIGHTS-OF-WAY 30. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping Rlans shall be done per the current CalTrans standards and shall be submitted as a part of the street construction plans for this tentative map to the Public Works Department for review and approval. 31. Repair or replace any existing damaged off-site concrete improvement to Public Works Standards. 32. Additional off-site improvements will be required at the time of future site plan review. 33. Underground all existing overhead utilities within the limits of this map as per Fresno Municipal Code Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. East Fir Avenue (Local Street) 34. Concrete curb,gutter,return with wheelchair ramps,streetlights,and Permanent A.C. pavement exist to Public Works Standards. North Recreation Avenue (Local Street) 35. Concrete curb, gutter, and Permanent A.C. pavement exist to Public Works Standards. 36. Relinquish direct vehicular access to East Herndon Avenue. UGM Requirements: 37. This Parcel Map is located within U.G.M Major Street Zone No. E-1. SANITARY SEWER Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: 38. Separate sewer house branches shall be provided to each lot created within the subdivision. 39. The following Sewer Connection Charges are due and shall be paid fo the Project; Sewer Lateral Charge, Oversize Sewer Charge, Trunk Sewer Charge: Herndon, and Sewer Facility Charge (Non-Residential). 40. This project is located in the following Urban Growth Management Service Areas: Sewer Oversize Reimbursement S.A 1. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 7 February 26, 2004 41. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. Sewer Facility charges consist of two components, a Wastewater Facilities Sewer Charge and Trunk Sewer Charge where applicable. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered (water or sewer effluent)usage. The developer may contact the Department of Public Utilities (6559)621-8554 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at the time per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges. WATER SERVICE Water facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: 42. Payment for installation of water service(s) and/or meter(s) is required. 43. Water Connection Charges are due and shall be paid for the Project. Urban Growth Management: 44. The proposed project site is located within the 1994 Bond Dept Service area 101s. 45. The proposed project site is located within the Recharge Service Area 101s. 46. The proposed project site is located within the Wellhead Treatment Fund Service Area 101s. FLOOD CONTROL AND DRAINAGE 47. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 48. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated February 10, 2004. Conditions of Approval Tentative Parcel Map No. 2003-37 Page 8 February 26, 2004 FRESNO IRRIGATION DISTRICT 49. FID does not own, operate, or maintain facilities located on the applicant's property. 50. FID expects no adverse impacts from the approval of the subject proposal. 51. For informational purposes, a private pipeline known as the Teague E. Branch No. 493 traverses the subject property. Final map is required to show the location and disposition of this private pipeline. FRESNO UNIFIED SCHOOL DISTRICT 52. Prior to issuance of a building permit, school fees must be paid. Contact the Clovis Unified School District for their requirements. STREET NAMES 53. Street Name Status Required Change Herndon Avenue Change East Herndon Avenue DEVELOPMENT FEES AND CHARGES 54. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/ RATE a. Street Tree Installation fee $129.00/tree City installed tree b. Street Tree Inspection fee $30.001tree Developer installed tree FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE C. Metropolitan Flood Control District Fee $0 SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.101sq. ft. (to 100' depth) 2. Oversize Charge $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Charge S.T.E.P " Service Area: Herndon 4. Wastewater Facilities Charge S.T.E.P ' Conditions of Approval Tentative Parcel Map No. 2003-37 Page 9 February 26, 2004 'Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,Environmental Services Section (559-621.5153). 5. House Branch Sewer Charge n1a 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. Transmission Grid Main Charge $7001net acre 10. Transmission Grid Main Bond Debt Service Charge $304/net acre 11. UGM Water Supply Fee $397/living unit equivalent Service Area: 101-5 12. Well Head Treatment Fee $0 Service Area: 101-S 13. Recharge Fee $0 Service Area: 101-5 14. 1994 Bond Debt Service $895/living unit equivalent Service Area: DEVELOPMENT IMPACT FEE 15. Northeast Fresno Policing Area $373/gross acre URBAN GROWTH MANAGEMENT FEE RATEICHARGE* 16. UGM Fire Station Capital Fee $6141gross acre Service Area: 13 17. UGM Park Fee $1,268/gross acre Service Area: 7 Conditions of Approval Tentative Parcel Map No. 2003-37 Page 10 February 26, 2004 18. Major Street Charge $1,680/adj. acre Service Area: E-1 19. Major Street Bridge Charge $175/adj. acre Service Area: E-1 20. Traffic Signal Charge $860/adj. acre 21. UGM Grade Separation Fee n/a 22. Trunk Sewer Charge n/a Service Area: 23. *Street Acquisition/Construction Charge n/a CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2003-21 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: David Kroeker PROJECT LOCATION: Southeast corner of East Fir and North Recreation Avenues. PROJECT DESCRIPTION: Vesting Tentative Parcel Map No. 2003-37 is a request to subdivide 3.58 acres into a three (3) lot parcel map. Vesting Tentative Parcel Map No. 2003-37 is consistent with the land use and circulation elements of the 2025 General Plan and Woodward Park Community Plan. This project is exempt under Section 153151CIass 15 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315/Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Date: February 26, 2044 Prepared By: Pa f I, Planne r Submitted by: Gilbert J. Haro Planning Manager C%J City of Fresno Planning and Development Department CD LLJv' (559) 621-8277 +r LL- W cv r U ► a W OIL � U 0 N rj C:TaulsFolderlPARCELMAPS1Parcet Maps 20031TPM-2003-3-ATPM-2003-37-CAT.wpd 4 " '� ra ,. . IF,16 Fresno rAe-ama�e�tp► City of City Hall 559-621-5800 Public Works Department 2600 Fresno Street,Rin,4064 Jon R.Ruiz Fresno,California 93721-3623 Director www1resno.goy February 17, 2004 TO: Paul Bernal, Planner 11 Development Department, Planning Division, Current Planning THROUGH: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division, Traffic Planning FROM: Gregory A. Jenness, Sr. Engineering Technician Public Works Department, Engineering Division, Traffic Planning SUBJECT: Tentative Parcel Map 2003-37, N. Recreation Avenue between E. Fir Avenue and E. Herndon Avenue The Public Works,Traffic Planning Section, has completed its review of Tentative Parcel Map 2003-37, which was submitted by Yamabe &. Horn on behalf of Premier Homes, the property owner. The following requirements are to be placed on this Tentative Parcel Map as a condition of approval by the Public Works Department. General Conditions • All required signs and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted as a part of the construction plans for this tentative Parcel Map to the Public Works Department for review and approval. • Repair or replace any existing damaged offsite concrete improvement to Public Works Standards. • Additional off site concrete improvement requirements will be required at time of future site plan review, • Underground all existing offsite overhead utilizes within the limits of this map as per FMC section 12-1011, section 8-801 and res. No. 78-522/88-229. Frontage Improvements E. Fir Avenue (Local): 1.. Concrete curb, gutter, return with wheelchair ramp, streetlights and permanent A.C. pavement exist to Public Works Standards. N. Recreation Avenue (Local): 1. Concrete curb, gutter and permanent A.C. pavement exist to Public Works Standards. 2. Install 2 Public Works Standard E-2 streetlights. E. Herndon Avenue (Expressway): 1. Concrete curb, gutter, and permanent A.C. pavement exist to Public Works Standards. 2. Relinquish direct vehicular access to E. Herndon Avenue. Specific Requirements: Comply with all conditions of S-03-221. UGM Requirements: 1. This Parcel Map ism within a U.G.M. Major Street Zone. C:Traftic Engineering Reading file Gregory A.Jenness,Senior Engineering Technician City of �-��:: 14 01101 DEPARTMENT OF PUBLIC UTILITIES Date: February 02, 2004 To: PAUL BERNAL, Planner 1 Planning and Development Department,Current Planning From: DOUG HECKER, Engineer 11 Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR PM-2003-37 General PM-2003-37 proposes the creation of 3 parcels at a 3.59 acres site located at the southeast corner of N Recreation and E Fir Aves. Existing zoning is C-P. Div_iromnwntal Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. aniar newer Rec�urmgnts Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: Separate sewer house branches are required for each lot. Sanitary stwer MM This project is located in the following Urban Growth Management Service Areas: Sewer Oversize Reimbursement S.A. I $anitary+SeweT__Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Charge Trunk Sewer Charge: Herndon Sewer Facility Charge(Non-Residential) Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. Sewer Facility Charges are cr"acted after occupancy on a bi-monthly ' is over time based on metered (water or sewer e.,.aent) usage. The developer may contact Line Department of • Public Utilities (559) 621-8554 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading(Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges. Sanitary eweromments Trunk Service Basin Herndon Water RegnirementI Water facilities are currently or would be available to provide water service to the site subject to the following requirements: Water UGM UGM Water Service Area Number 101 s The proposed project site is located within the 1994 Bond Debt service area 101s, The proposed project site is located within the Recharge Service Area 101 s. The proposed project site is located within the Wellhead Treatment Fund Service Area 101s. Water Fees Payment for installation of water service(s) and/or meter(s) is required. Water Connection Charges are due and shall be paid for the Project. File No.214.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami,Chief Engineering Tech.DAVID KROEKER Development Services Department 2260 W. R6bERTS 'City of Fresno — FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2003-037 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " CM it if - IT DRAINAGE AREA " CM of $0.00 DATE DRAINAGE AREA - - TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQAINEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 2063.037 $469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon�compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to Fir Ave. and Herndon Ave. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: X Appears to be located within a X 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy Does not appear to be located within a flood prone area. =3-037 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)45&3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial Ma activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting, to implement controls to reduce pollutarifs, prohibit the discharge of waters other than storm water to the municipal storm-,drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board),develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. ■ C b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing;trucking; .recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. M-037 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system,and where possible minimize contact with materials wMch may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakemanf, Project Engineer: Elle Phetdaovieng District Engineer, Assistant General Manager C: YAMABE & HORN ENGINEERING, INC. 1300 E. SHAW, STE. 176 FRESNO, CA 93710 2003-037 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. FIR AVE. w a f z 0 w 40 /� w SCALE 1"- 100' !O I I I 1 I I I I I I I 1 I I I I1--- ------------------- i I I I I I I I 1 I I 1 I I 20.oa' HERNDON 42" AVE. LEGEND ® EXISTING 20' STORM DRAINAGE EASEMENT LOCATION `i---- EXISTING MASTER PLAN FACILITIES - DIRECTION OF DRAINAGE ------ INLET BOUNDARY TPM 2003-037 DRAINAGE AREA: 'CK" ExHkk3lT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT a..J.\EWOKERING\AUTDCA0\0*GS\OEXHa T\CfTu\20D]-U7.DwG W �� OTHER REQUIREMENTS EXHIBIT NO. 2 There is an existing 20' (twenty-foot) wide storm drain,.casement located along the south property line of the TPM 2003-037 as shown on the attached sketch. No encroachments into the easement shall be permitted including, but not limited to,foundations, roof overhangs, swimming pools, and trees. In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages,but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Development No. TPM 2003-037 engrlperm itslexh ibils2\raty-tprn�?003%?003-037(ep) FLOOD PLAIN POLICY Primary Flood Plains Because of the 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: Policy 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 100- 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. Secondary Flood Plains Because development 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: Policv 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. enerieneorrnVloWplam policy-farm •r''' i'.,r ,• OFFICls or PHONE(359)233-7181 � — „- FAX(559)233-8227 2907 SOUTH MAPLE AVENUE J„--•+ — FRESNO,CALIFORNIA 93725.2218 Your Most Valuable Resource-Water February 20, 2004 — C Paul Bernal FEB 1 23, 04 City of Fresno DEVELOPMENT DEPARTMENT Development Department CITY OF FRESNO 2600 Fresno St.,Third Fir. Fresno, CA 93721-3604 RE: VTPM No. 2003-37 Dear Mr. Bernal FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. 3. For informational purposes, a private pipeline known as the Teague E. Branch No. 493 traverses the proposed subject location. Thank you for submitting this item for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadams@fresnoirrieation.com. Sincerely, FRESNO IRRIGATION DISTRICT ga� A-k �S Selina Adams Engineering Assistant rile;Agcncies/City/VTPM No. 2003-37 - _ - _ � - . \ 'Apt, E - . /- - - ,� • . � / . . . . . 44 . . � - . .� . . 41- x/ • , . / �f . : . ' - 4w �\, IVs', . . . .k - � . ' � 41 09 . CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. S-03-221 14 Aug 03 PART A- PROJECT INFORMATION 1. Assessor's Parcel No. 404-081-68 (Parcel D) 2. Job Address: 7050 N. Recreation Ave. Street Location: Located on the southeast comer of East Fir Street and North Recreation Avenue. 3. Existing Zoning: C-P/EA/UGM/cz Zone Map No. 1752/1753 4. Project Description: Requests authorization for the construction of one single-story shell building (Building "A" - 18,037 square feet) to be utilized as the Women's Health Pavillion, an office/medical building. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Director on 3 Sep 03 ,approved the special permit application subject to the enclosed list of conditions and Exhibits A & B dated 14 Jul 03 . A CEQA finding of Conformance with Fresno 2025 General Plan MEIR was issued on 14 Aug 03. 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 f. r. r - ' _ k ■ - Y � r• 4L ti r ?Fit T V4� , i •_ Conditions of Approval Conditional Use Permit No. S-03-221 writing to the Planning and 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 30 Aug 03. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including,but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses,trees, walls,driveways,outdoor storage,and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements,rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the _Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction 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. Transfer all red line notes,etc.,shown on all original site plan exhibits{dated 14 Jul 03 to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by 3 Sen 07(four years from the date of Director approval). There is no exception. To complete the back-check 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, Current Planning 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 2 Conditions of Approval Conditional Use Permit No, S-03-221 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 Gene Grinstead at 5591621-8048. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section 66020(d)(1), the imposition of fees, dedication,reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of 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 REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to David Padilla at 5591621-8073 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Rick Sommerville at 559/621-8075 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. All construction required by the City of Fresno Public Works Department shall be in accordance with the adopted Standard Specifications and adopted Public Works Department policies. SHEET No. Concrete Driveway Approaches: Residential P-I and P-4 Commercial P-2 and P-4 Sidewalks,Curbs, and Gutters: P-5 and P-7 3 Conditlons of Approval Conditional Use Permit No. S-03-221 Curb Radius P-24 through P-27 Street Paving P-42 and P-43 Parking area surfacing P-34 Parking Lot Paving/Drainage: P-41, P-42, and P-43 Solid masonry wall P-29 or p-30 Alternate: Structural design approved by the Development Department. Curb and wheelchair ramps P-28 and P-24 through P-27 On-site drainage to public street P-35 and P-36 Water backflow prevention devices W-1 l or W-12 1. STREETS a. if dedications for streets, easements, or rights-of-way are required, the deed shall be prepared by the owner/developer's engineer, approved by the City, and recorded prior to issuance of permits. Property owner signatures and signatures for any required subordinations shall be notarized. Fully executed deeds with attached subordinations, any required title reports, and appropriate fees shall be submitted to the City of Fresno for review prior to recordation by the City. b. Per Fresno Municipal Code Section 12-306-N-9, no projections(including eaves or structures) are permitted in street rights-of-way, unless an encroachment is approved by the City of Fresno Department of Public Works and Planning& Development Department. c. Any relocation of existing utilities required because of reconstructioninew construction of the curb return radius at the intersection shall be the developer's responsibility. d. If permanent street lighting is required, the developer shall prepare street lighting plans and submit them to the Department of Public Works Engineering Division for approvaI. e. If off-site street improvements are required, the developer shall submit engineered street improvement plans to the Public Works Department Engineering Division for approval. f. Any construction on State highway rights-of-way must conform to both City of Fresno and State Department of Transportation Specifications. Obtain an encroachment permit from the Cal-Trans District 6 office. 2. OFF-SITE CONCRETE WORK 4 R .i' J �i_ F' �� � _ _ t -��+ � •� t F +�'Y �F Conditions of Approval Conditional Use Permit No. S-03-221 a. Remove any abandoned driveway approaches and driveways and reconstruct the sidewalk,curb, and gutter across the opening; match the existing improvements. b. Repair all damaged and/or off-grade concrete street improvements, as determined by the Public Works Construction Management Division (559) 498-1451,prior to occupancy. 3. SEWER, WATER, AND DRAINAGE a. If a sewer main extension is required, submit engineered sewer construction plans to the City of Fresno Department of Public Works Engineering Division for approval. b. If a water main extension is required,submit engineered water main construction plans to the City of Fresno Department of Public Works Engineering Division for approval. c. The drainage and grading plan must be reviewed and approved by the City of Fresno Planning and Development Department and by Fresno Metropolitan Flood Control District. 4. UTILITIES a. Underground all existing off-site overhead utilities within the limits of this site/map,per Fresno Municipal Code Sections 12-1011 and 8-801 and Fresno City Council Resolution Nos. 78-522 and 88-229. 5. SPECIAL PERMIT APPROVAL PROCESS-GENERAL a. Submit three copies of revised exhibits, incorporating all corrections, for the special permit file. b. Transfer all noted corrections and additions from special permit exhibits and conditions to construction plans submitted for plan check and construction permits. c. If development of any phase is proposed to be modified from the approved special permit exhibits, submit an application for amended or revised special permit. 6. UTILITY EASEMENTS: a. Show all utility and drainage easements on site plan exhibits and on construction plot plans. b. Per Fresno Municipal Code Section 12-306-N-9,no projections(including eaves or structures)are permitted in public utility easements, unless an encroachment is approved by the City of Fresno Planning and Development Department. 7. ON-SITE PARKING: a. Design and construct parking lot geometrics in accordance with the City of Fresno Parking Manual 5 Conditions of Approval Condltlonal Use Permit No. S-03-221 and Fresno Municipal Code Section 12-306-I. b. Signing and striping plans shall be done and paid for the developer,said plans shall be done per the current Public Works standards and shall be submitted as part of the street plans for this entitlement to public works for review and approval. 8. LANDSCAPING AND AESTHETICS a. Landscape plans are required to clearly indicate plant materials, size, and spacing, as well as landscape irrigation system details such as pipe sizes and fittings/fixtures. b. Final corrected landscape plans are to be submitted with each set of construction plans and one additional set is to be provided for archiving in the special permit file. c. Landscaping is required to be installed prior to occupancy. d. Provide screening of all mechanical equipment, method to be approved by the City of Fresno. e. Projects shall implement design standards adopted with the 2025 Fresno General Plan. 9. FRESNO REDEVELOPMENT AGENCY GENERAL REQUIREMENTS a. Obtain Fresno Redevelopment Agency approval of projects located in redevelopment project areas. b. Implement adopted redevelopment agency design standards as applicable. c. The Agency's stamp of approval must appear on special permit final corrected exhibits submitted with construction plans: site plans, elevations, and landscape plans. d. Design and Construct Parking lot pavement to public works standards P-41, P42, and P-43. e. Design and construct parking lot geometries in accordance with the city of Fresno Parking Manual. The following dedication requirements must be satisfied prior to issuance of building permits: 6 Conditions of Approval Conditional Use Permit No. 5-03-221 PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) C-P Administrative and Professional Office District(FMC: 12-216) ii) EA, Expressway Area Overlay District (FMC: 12-244) iii) UGM, Urban Growth Management Area(FMC: 12-4.5) iv) Woodward Park Community Plan b) Existing survey monuments shall be preserved and if disturbed, shall be reset by a registered civil engineer or licensed land surveyor. 2) ZONfNG a) Development is proposed in accordance with existing C-PIEA/UGM zoning. b) Conditions of zoning have been complied with. c) Approval of this special permit is subject to approval of zoning and compliance with any conditions of zoning approval. 3) BUILDING HEIGHT a) The maximum allowable building height is 35 feet. The proposal is within the required height. 4) BUILDING SETBACK,OPEN SPACES AND LANDSCAPING a) Provide the following minimum building setbacks: i) 10 feet along East Fir Ave. ii) 10 feet along North Recreation Ave. iii) 30 feet along East Herndon Ave. b) Clearly identify all condensing units,air conditioning and heating units on the site and elevation plans. c) Provide the following minimum landscaped areas: i) 10 feet along East Fir Ave. ii) 10 feet along North Recreation Ave. iii) 30 feet along East Herndon d) 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 pian. The backflow device shall be screened by landscaping or such other means as may be approved. (Put this note on the site plan.) 7 Conditions of Approval Conditional Use Permit No. S-03-221 e) Provide a minimum of 70 medium sized trees on-site per the following: (a) 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.) (b) 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, (c) 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. (d) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree,except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Planning and Development Department. (e) 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. (f) Landscaping must be in place before issuance of the certificate of occupancy. 5) SPACE BETWEEN BUILDINGS a) Provide space between buildings as indicated on Exhibit A dated 14 Jul 03 6) FENCES, HEDGES,AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. 7) OFF-STREET PARKING a) A minimum of 10 bicycle parking spaces is required per Section 12-306-1-2.1-C of the Fresno Municipal Code. Spaces shall be provided in accordance with Section 12-306-I-5d of the Code. (Depict the spaces on your site plan.) b) Exhibit A, dated 14 Jul 03 , shows 165 parking spaces. 8 Conditions of Approval Conditional Use PermB No. 5-03-221 c) Provide 6 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. d) 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.) e) 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.) f) ,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.) 8) LOADING SPACES a) None Required (Letter Provided by applicant) 9) ACCESS a) Vehicular and/or pedestrian access shall be provided. b) Vehicular and/or pedestrian access is prohibited along East Herndon Avenue. 10)OUTDOOR ADVERTISING a) Signs, ether than directional signs, if gMlicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter.(Include this note on the site plan.) b) All existing signs shall conform to the current sign ordinance adopted by the Fresno City Council in 1991. All existing signs shall be included in any sign review or Master Sign Program and may require relocation or removal. 9 - �- � i. } .�� .y y_. F �+ Conditions of,Approval Conditional Use Permit No. S-03-221 c) In an effort to prevent potential problems with the flow of traffic in the area,directional signs may be installed at each project entrance which is located on a major street. The signs shall not exceed 24 square feet in area or 8 feet in height and shall contain a directional arrow and business name and/or address. These signs must be approved as part of a Conditional Use Permit, but are not required as part of a Sign Review Application nor a Master Sign Program Application. PART E -CITY AND OTHER SERVICES 11)FIRE PROTECTION REQUIREMENTS a) Comply with requirements of the attached Fire Service memorandum dated 28 Jul 03, and notes on Exhibit A for fire hydrants and/or emergency access. (Contact Fire Prevention, 559/621-4142 for further information.) b) 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.) c) 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. l 2)SOLID WASTE COLLECTION a) Provide a 6-foot solid masonry wall with gates around trash and recycling enclosures per Fresno City guidelines(attached).The trash and recycling enclosure areas may not be located in a required setback area. For each bin the enclosure must be a minimum 8 feet X 10 feet(inside dimensions)concrete pad with a 6-foot high concrete block wall. Each bin enclosure shall have 6-inch high wheel stops on the ground 18 inches from the rear wall and 12 inches from the side walls. Gate hinges shall be hung on the outside. The enclosure shall be level with the adjoining roadway(with no ramps, slopes, etc.) 13)POLICE PROTECTION REQUIREMENTS a) No Requirements 14)PUBLIC UTILITIES a) Comply with the requirements of the Fresno Public Utilities Department, dated 6 Aug 03. 15)HEALTH PROTECTION REQUIREMENTS a) Comply with the requirements of the County of Fresno Department of Health, dated 4 Aug 03. (Contact Fresno County Health Department at 559/445-3271 for further information.) 16)FLOOD CONTROL REQUIREMENTS a) , Comply with the attached Fresno Metropolitan Flood Control District memorandum, dated 11 Aub 10 a , Conditions of Approval Condltlonal Use Permit No, S-03-221 03. (Contact Fresno Metropolitan Flood Control District at 559/456-3292 for further information.) i) 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 property or business owner's responsibility to ensure that the Notice of intent is filed in accordance with the re ug, lations published in Volume 55. No. 222 of the Federal Register. b) A$ 0.00 FMFCD drainage fee must be paid prior to issuance of building permits. 17)SCHOOL FEES a) School fees must be paid prior to issuance of building permits. (Contact Clovis Unified School District.) Provide proof of payment(or no fee required) prior to issuance of building permits. 18)STREET TREE REQUIREMENTS a) A Parks Division fee to inspect 16 street trees must be paid prior to the issuance of building permits. ($30.00 per tree) b) Comply with Park Division street tree requirements,per Section 11-304,Fresno Municipal Code,see attached memorandum, dated 12 Aug 03 . 19)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with attached San Joaquin Valley Air Pollution Control District policies on dust and ozone mitigation. b) Refer to the San Joaquin Valley Unified Air Pollution Control District policies on dust and ozone mitigation in the attached memorandum dated 5 Aug 03 . PART F- MISCELLANEOUS 1) 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 14 Jul 03 and the following: 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.) 11 w!I 7 • Condi ons of Approval CondRional Use Permit No. S-03-221 4) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 5) 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. 6) 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 Planning and Development Department Director within 15 days. 12 y