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HomeMy WebLinkAboutPM 2004-08 - Conditions of Approval - 6/13/2007 FILE COPY City of Planninq & Development Department 2600 Fresno Street-Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559)488-1020 August 26; 2004 Please Reply To: Eugene Grinstead (559) 621-8048 Greg Merrill Rabe Engineering Inc. 2021 Gateway Blvd. " Fresno, CA 93727 Dear Mr. Merrill: SUBJECT: APPROVAL OF YOUR APPEAL OF FRESNO IRRIGATION DISTRICT CONDITION OF APPROVAL FOR VESTING TENTATIVE PARCEL MAP NO. 2004-08 DATED JUNE 8, 2004 The City of Fresno Planning Division has completed its review of your appeal of condition No. 48. "FID requests the applicant replace the existing pipe with a new pipe of the same diameter in accordance with FID standards and the applicant enter into an agreement with FID for that purpose This letter is written.to advise that the condition appealed has been withdrawn per FID letter, dated 23 Aug 04. If you wish additional information, please contact me at the number above. Sincerely, - PLANNING DIVISION 1;tW1- � Eugene Grinstead Planner 11 Current Planning Enclosures: FID memo, dated 23 Aug 04 \, Or FICES OF ! ~� pA III �I �I;CATtI;OI�TE��I►STIaIC� R� PHONE(559)233-7161 =-� � :— _• _` '" FAX(559)233-8227 2907 SOUTH MAPLE AVENUE . � FRESNO,CALIFORNIA 93725 2218 Your Most Valuable Resource-Water August 23, 2004 Mr. Eugene Grinstead City of Fresno Planning and Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Appeal of Requirements for Vesting Tentative Parcel Map No. 2004-08 —FID's Bullard No. 124 Canal . Dear Mr. Grinstead: FID has reviewed your letter of August 16, 2004 and a copy of Rabe Engineering's letter of August 14, 2004 regarding the Appeal of Requirements for Vesting Tentative Parcel Map No. 2004-08. The Bullard No. 124 pipeline was installed in December 1993 and is a 48" diameter non-reinforced cast- in-place monolithic concrete pipe (CIP-MCP). CIP-MCP is extremely prone to .cracking and subsequent leakage; therefore, FID no longer allows it in developed areas. It is FID's policy to require pipeline that no longer meets FID specifications to be replaced when properties are developed for commercial or residential purposes; however, FID has researched its maintenance records for this section of pipeline and has concluded that leaks and maintenance have not been a problem in the past; therefore, FID will waive its requirement that the pipeline be replaced at this time. FID retains its right to excavate in its easement to facilitate any future repairs to the pipeline as provided for in section I of the GRANT OF EASEMENT AND RIGHT-OF-WAY AND AGREEMENT FOR SUBSTITUTION .OF PIPELINE FOR AN OPEN CANAL OWNED BY FRESNO IRRIGATION DISTRICT,recorded November 17, 1993 as document number 93177748 ORFC. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or biohnsonLbfi•esnoirrigation.com. Sincerely; FRESNO I G DISTRICT Bret John on Engineering Technician I Agencies\City\VTPM 2004-08 Appeal Comments AUG 1 3 2004 Planning Division Development Department - �I1Y 0` Fn--,X10 August 14, 2004 Mr. Nick P. Yovino, Director City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Subject: Vesting Tentative Parcel Map No. 2004-08, AppealinD Conditions of Approval Dear Mr. Yovino: On behalf of our client, Seven Hills Properties 12, LLC, we are appealing Condition Number 48, Fresno Irrigation District request to replace an existing pipeline with anew pipe of the same diameter in an existing easement. We can find no provision in the Fresno Municipal Code to support the condition and therefore request it be deleted. Should you have any questions, please do not hesitate to call. Very truly yours; RABE ENGINEERING, INC Gregory i�Merrill c: Tom Rocca Dirk Poeschel J;',2003-Project llecumcnLs�,03-008lParcel lvtap'tyovino 01404.wpd City of rn &.� Planning and Development Department 2600 Fresno Street• Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX(559) 498-1012 Please reply to: . Eugene Grinstead August 16, 2004 (559) 621-8048 Fresno Irrigation District SUBJECT: APPEAL OF REQUIREMENTS FOR VESTING TENTATIVE PARCEL MAP NO.2004-08 Dear Mr. Johnson: The Planning and Development Department received an applicant appeal of your requirement to replace the existing pipe with new pipe of the same diameter in accordance FID standards and that the applicant enter into an agreement with FID for that purpose. Please review this appeal and provide your determination as soon as practicable. If you have any questions regarding this letter, feel free to give me a call at the number listed abo\e:___ Sincerely, Planning Division 7`l EUGENE GRINSTEAD Planner II City of l�l�lC�li�\I/i Planning & Development Department 2600 Fresno Street-Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559)488-1020 July 16, 2004 Please Reply To: =-- _ Eugene Grinstead (559) 621-8048 Greg Merrill Rabe Engineering Inc. 2021 Gateway Blvd. Fresno, CA 93727 Dear Mr. Merrill` SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-08 DATED JUNE 8, 2004, PROPOSING A SIX (6) LOT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH WEST AND WEST HERNDON AVENUES. The City of Fresno Planning Division has completed its review of the subject.parcel map dated June 8, 2004. Pursuant to Fresno Municipal Code FMC Section 12-1205(c), this letter is written to advise that the Conditions of Approval dated July 16, 2004, are as noted on the attached document. If you have any questions regarding the conditions you must notify either Louis Rocha or Gene Grinstead at 621-8277 no later than July 31, 2004, 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 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 filing a written appeal with the Director of the 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 Development Department prior to 5 p.m: on July 31, 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. 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 five years. Greg Merrill July 16, 2004 Rabe Engineering Inc. Page 2 TPM-2004-08 If you wish additional information, please contact the City of Fresno 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 Eugene Grinstead (planning or zoning issues). Sincerely, PLANNING DIVISION Eugene Grinstead Planner II Current Planning Enclosures: Fire Dept memo, dated 8 Jun 04 Public Utilities memo, dated 14 Jun 04 FMFCD memo, dated 24 Jun 04 Public Works memo, dated 6 Jul 04 ---FID memo, dated 29 Jun 04 Cityf o Planning and Development Department 2600 Fresno Street 0 Third Floor Nick P.Yovino Fresno;California 93721-3604 Director (559)621-8277 FAX(559)498-1020 July 15, 2004 CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP NO. 2004-08 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 Vesting Tentative Parcel Map No. 2004-08 are as follows: LEGAL STATUS OF SITE TO BE SUBDIVIDED 1. The parcel map site was legally created as lots 1256, 1257, 1284, 1285, and 1286 of Bullard Lands Irrigation Subdivision No. 8 according to the map thereof recorded in Volume 8, page 46 of Plats, Fresno County Records. ZONING 2., Proposed parcels are consistent with the C-1 (Neighborhood Shopping.Center) zone district for the parcel map site in terms of lot width, depth, and area subject to approval .of a special permit fora planned development project. All parcels must have approved access to a public street or right-of-way under a planned development special permit. This site must continue to provide parking and cross access for any adjacent properties previously provided for through Covenants, Conditions, and Restrictions. /-3. Request a Certificate of Compliance be recorded for the remainder parcel. 0, 4. Request a waiver of access to West Herndon Avenue and the southernmost 300 feet of North West Avenue. /5.,.�Submit draft copies of Covenants, Conditions, and Restriction documents for review and approval. Final, executed, and notarized documents are to be recorded with the parcel map. Conditions of Approval - July 15, 2004 \ Tentative Parcel Map No. 2004-08 Page 2 PLAN CONSISTENCY 6. The Bullard Community Plan and 2025 Fresno General Plan designate the parcel map for development with the Community Shopping Center. SUBDIVISION MAP ACT REQUIREMENTS 7. 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. 8. 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 9. 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 cannot 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. Street Improvements 10. 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. 11 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. Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 3 Sanitary Sewer System 12. The subdivider shall connect each parcel being created to the City of Fresno's sanitary sewer system with a separate sewer house branch unless the City Engineer approves other arrangements.-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 13. The subdivider shall connect each parcel being created to the City of Fresno's water system with a separate water service and meter unless the City Engineer approves other arrangements. 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 14. 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.. ON-SITE REQUIREMENTS 15. 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. 16. 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. 17. 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. Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 4 18. 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. 19. 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. I 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. 20. 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. 21. 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. 22. Sidewalks (including wheelchair ramp landings) and driveway approaches, for undeveloped parcels of this parcel map, shall be required as a condition of site Fdevelopment. -... 23. 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. 24. Easements: Identify the location, type, size, and record information of easements on and through the site must be shown on the final map. 25. 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. 26. 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. - Conditions of Approval July 15, 2004 1 Tentative Parcel Map No. 2004-08 Page 5 27. 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. 28. 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 >" 29.T, he development/owner shall contact Parks, Recreation and Community Services at 621-2903 for street tree requirement. FIRE SERVICE % � � 30�Provide a_coven_ant for cross access to the land locked parcels and maintenance of the fire service water main, which provides water to on-site hydrants and fire sprinkler systems. STREETS AND RIGHTS-OF-WAY 31. All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. 32. All required signing 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 street construction plans for this tentative map to the Public Works Department for review and approval. 33. Repair or replace any existing damaged and/or off-site concrete improvement to Public Works Standards. 34. Additional off-site improvements will be required at the time of future site plan review. ' 3S�Underground all existing overhead utilities within the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution NO. 78-522/88-229. '36�Comply with all conditions of approval for Conditional Use Permit Application No. C-02-034 North West Avenue (Major Street) 37. No new dedication is required with this map. %38Construct an 8-foot pattern concrete sidewalk to.Public Works.Standard P-5. '39-Construct an underground street lighting system in accordance with Public Works Standard E-1, within the limits of this map. Spacing and design shall conform to Public Works standard E-7 for arterial streets. Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 6 r' West Herndon Avenue (Expressway): 40. No dedication is required with this map. 41. Concrete curb, gutter, asphalt paving, and streetlights exist. SANITARY SEWER 42. Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: a. The Project is subject to the payment of all applicable Sewer Connection Charges prior to issuance of a building permit. b. 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 43. Water facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: a. Water mains (including installation of City fire hydrants) shall be extended within the proposed project through a public utility easement to provide water service to each parcel created. b. Separate water services with meter boxes shall be provided to each parcel created. c. Installation of public fire hydrant(s) is required. FLOOD CONTROL AND DRAINAGE 44. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 7 45.)The subdivider shall be required to comply with the specific requirements imposed by yr, , 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 June 24, 2004. FRESNO IRRIGATION DISTRICT 46. FID's Bullard No. 124 pipeline traverses the subject property in an exclusive easement recorded on February 7,-1994, as Document No 94020155, Official Records of Fresno County. 47. The easement shall be shown on-the map with proper recording information and FID shall be made parry to signing all plans which affect this easement and pipeline facility. 48. FID requests the applicant replace the existing pipe with a new pipe of the same diameter in accordance with FID standards and the applicant enter into an agreement �1 with FID for that purpose. 49. FID requests the applicant submit a grading and drainage plan for FID approval which shows that the proposed development.will not'endanger.the structural integrity of the pipeline, or result in.drainage patterns that will adversely affect FID or the applicant. CLOVIS UNIFIED SCHOOL DISTRICT 50. Prior to issuance of a building permit, school fees must be paid. Contact the Clovis Unified School District for their requirements. STREET NAMES Street Name Status Required Change West Herndon Avenue Good - None North West Avenue Good None DEVELOPMENT FEES AND CHARGES 51. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/ RATE a. Street Tree Inspection fee $30.00/tree Developer installed tree FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE C. Metropolitan Flood Control District Fee $4,724.00 Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 8 SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) 2.__ Oversize Charge._ .$0.05/sq. ft..(to 100' depth) 3. Trunk Sewer Charge S.T.E.P./ $496/living unit (R-1) Service Area: 4. . Wastewater Facilities Charge S.T.E.P / $2,119/living unit (R-1) '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. Copper Avenue Sewer Lift Station Charge n/a 6. Fowler Trunk Sewer Interim Fee Surety n/a 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 $6.50/1ineal foot 9. Transmission Grid Main Charge $560/gross acre 10. Transmission Grid Main Bond Debt Service Charge $243/gross acre 11. UGM Water Supply Fee $280/gross acre Service Area: 90 12. Well Head Treatment Fee $0/living unit equivalent Service Area: 201 13. Recharge Fee $0/living unit.equivalent Service Area: 201. 14. 1994 Bond Debt Service $0/living unit equivalent Service Area: 201 Conditions of Approval July 15, 2004 Tentative Parcel Map No. 2004-08 Page 9 DEVELOPMENT IMPACT FEE 15. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 16. UGM Fire Station Capital Fee $492/gross acre (C-1/UGM) Service Area: 2 $278/gross acre (R-1/UGM) 17. UGM Park Fee $566/gross acre (C-1/UGM) Service Area: 6 $1132/gross acre (R-1/UGM) 18. Major Street Charge $1930/adj. acre Service Area: C/D-2 19. Major Street Bridge Charge $65/adj. acre Service Area: C/D-2 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-2004-08 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: Rabe Engineering Inc. 2021 Gateway Blvd Fresno, CA 93727 PROJECT LOCATION: Located on the northwest corner of North West and West Herndon Avenues—APN: 405-503-02S PROJECT DESCRIPTION: Vesting Tentative Parcel Map Application No. 2004-08 is a request to subdivide 10.03 acres into a six-lot parcel map. Vesting Tentative Parcel Map No.2004-08 is consistent with the land use and circulation elements of both the 2025 General Plan and the Bullard Community Plan. This project is exempt under Section 15332(a-e)/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15332(a-e)/Class 32, is intended to promote infill development within urbanized areas. This class consists of environmentally benign in- fill projects which are consistent with local general plan and zoning requirements. Projects characterized as in-fill development meeting the following conditions, as described in Section 15332 are exempt from CEQA requirements: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. ,(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be- adequately served by all required utilities and public services. This project meets these criteria. Date: August 2, 2004 Prepared By: Eu Grinstead Submitted by: .titer Gilbert J. Haro Planning Manager City of Fresno Planning and Development Department �� OPdS321 '�42�3�3 A113 (559) 621-8277 City of in®Cd+IkI d\I// rlllll --2 W. PLANNING AND DEVELOPMENT DEPARTMENT DATE: July 16, 2004 TO: NICK YOVINO, Director Development Department - THROUGH: GILBERT J. HARD, Planning Ma` ager " Planning Division FROM: EUGENE GRINSTEAD, Planner If Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-08, LOCATED ON THE NORTHWEST CORNER OF NORTH WEST AND WEST HERNDON AVENUES. BACKGROUND Tentative Parcel Map No. 2004-08, filed by Rabe Engineering Inc., on behalf-of Seven Hills Properties 12, LLC, proposes to create a five (5) parcel commercial planned development and one remainder parcel for property located on the northwest corner of North West and West Herndon Avenues. The project site is designated in the 2025 Fresno General Plan and the Bullard Community Plan for neighborhood commercial and medium density residential land uses. Currently, site construction is in process and consists of housing for the elderly, professional offices, a restaurant, and commercial retail uses. Curb, gutter, and sidewalks are currently being constructed. The subject property is surrounded by parcels that are zoned and developed for single family residential uses to the north and west, and neighborhood commercial uses to the east. Herndon Avenue abuts the parcels to the south. Lot area and dimensions Section 12-21.7.5-A of the Fresno Municipal Code (FMC) requires no minimum lot area for each of the neighborhood commercial parcels. Further, Section 12.217.5-B of the FMC establishes no minimum width for each of the neighborhood commercial parcels and requires each lot to have a minimum depth of 150 feet. The applicant has indicated that Parcels A, B, C, D, E, and the remainder parcel complies with the FMC's Property Development Standards for lot area, width, and depth. Lots must front onto a public street or be in a planned development. Approval of a tentative parcel map is subject to the Planning and Development Director finding that the map is consistent with the adopted plans and policies of the City of Fresno. Upon determination that the required findings can be made, the applicant will be notified of the conditions of approval of Tentative Parcel Map No. 2004-08. NICK YOVINO July 16, 2004 Vesting Tentative Parcel Map No. 2004-08 Page 2 REQUIRED FINDINGS California Environmental Quality Act (CEQA) -The California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State El Guidelines, Section 15061 (Review for Exemptions), permit a public agency to determine whether a particular,project is exempt from CEQA. If a public agency finds that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and a Notice of Exemption may be issued. A determination of a Class 32 Categorical Exemption (Section 15332/in-fill development projects) from CEQA was made and Environmental Assessment No. TPM 2004-08 (Categorical Exemption) was completed for this project and dated on August 3, 2004; and, filed with the Fresno City Clerk on August 3, 2004. " STATE SUBDIVISION MAP ACT-The Subdivision Map Act (California Government 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 Numbers 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 Bullard Area Community Plan which designates the site for Neighborhood Commercial and Medium Density Residential type 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. j NICK YOVINO July 16, 2004 Vesting Tentative Parcel Map No. 2004-08 Page 3 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Director finds that Tentative Parcel Map No. 2004-08 is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Director hereby grants approval of Parcel Map No. 2004-08 dated June 8, 2004, subject to the conditions of approval dated July 15, 2004, and to become effective on August 3, 2004. Ni Yovino, Director CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MARCH,2, 2005 VESTING TENTATIVE PARCEL MAP NO. 2004-08 Northwest corner of North West and West Herndon Avenues NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. 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. Upon conditional approval of Vesting Tentative Parcel Map No. 2004-08, dated March 2, 2005, the subdivider may prepare a Final Parcel Map in accordance with the approved tentative map. Note that a final parcel map may not be filed until the appeal period has expired. Should an appeal be filed pursuant to Section 12-1207 of the FMC,the application will be scheduled to be heard before the City of Fresno Planning Commission. The appellant may withdraw their appeal pursuant to Section 12-1207.2 of the FMC. Concurrent with the filing 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. LEGAL STATUS OF SITE TO BE SUBDIVIDED 1. The parcel map site was legally created as Lots 1256, 1257, 1284, 1285 and 1286 of Bullard Lands Irrigation Subdivision No. 8 according to the map thereof recorded in Volume 8, page 46 of Plats, Fresno County Records. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Bullard Community Plan designate the parcel map for development with office commercial, neighborhood commercial, and medium density residential planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies office commercial, neighborhood commercial,and medium density residential planned land uses as consistent with the C-P/EA/UGM/cz (Administrative and Professional Office District/Expressway Area Overlay/Urban Growth Managemenbwith conditions of zoning), C-1/EA/UGM/cz(Neighborhood Shopping Center/Expressway Area Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 2 Overlay/Urban Growth Managerimenbwith conditions of zoning)and R-1/EA/UGM/cz(Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning) zone districts. ZONING 3. 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). -4. Proposed parcels A, B, C and D are consistent with the C-P/EA/UGM/cz(Administrative and Professional Office District/Expressway Area Overlay/Urban Growth Management/with conditions of zoning), C-1/EA/UGM/cz(Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management/with conditions of zoning)and R-1/EA/UGM/cz(Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning) zone districts. 5. Relinquish direct vehicular access to West Herndon Avenue and the southernmost 300 feet of North West Avenue. MODIFICATIONS TO PROEPRTY DEVELOPMENT STANDARDS 6. Proposed parcels must be consistent with the C-P/EA/UGM/cz (Administrative and Professional Office DistricNExpressway Area Overlay/Urban Growth Management/with conditions of zoning), C-1/EA/UGM/cz(Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management/with conditions ofzoning)and R-1/EA/UGM/cz(Single Family Residential/Expressway Area Overlay/Urban Growth Management/with conditions of zoning)zone districts for the parcel map site in terms of lot depth,width, and area subject to approval of a special permit for a planned development project. All parcels must provide access to a public street rights-of-way under a planned development special permit. 7. Conditional Use Permit Application No. C-02-034,which was approved on August 27,2002, authorized the construction of the 94-unit senior housing project, 18,500 square feet of office development and 27,200 square feet of retail commercial development. Conditional Use Permit Application No. C-02-034 shall be revised to include the property lines as proposed pursuant to Vesting Tentative Parcel Map No. 2004-08, dated March 2, 2005 thereby authorizing the creation of the planned development. Contact the Planning and Development Department(559-621-8277)for further information regarding the submittal of the revised site plan. 8. Submit draft copies of Covenants, Conditions and Restrictions/Owners Association documents(CC& R's)for review and approval. Final,executed and notarized document are to be located with the parcel map. CC& R's shall conform with the provisions of Section 12- 1026 of the Fresno Municipal Code and address ingress, egress, sewer and water service maintenance and access, fire protection, solid waste service, storm drainage, parking and landscaping as follows: Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 3 i. Cross Access for ingress/egress ii: Cross Drainage as indicated per Fresno Metropolitan Flood Control District Memorandum dated June 24, 2004. iii. Covenant for Shared Parking iv. Covenant to maintain sewer, water and all other utilities v. Covenant for fire protection underground water supplies and Covenant to access buildings vi. Covenant to maintain all landscaping within the limits of this map vii. Covenant for shared solid waste facilities viii. Provide Covenant Agreement for access to land locked parcels ix. Provide Covenant Agreement for maintenance of fire suppression water system 9. The placement of a parcel line in close proximity to any existing and/or proposed structures requires that the structure be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. In the event the structures do not comply they must be modified so as to meet the requirement. 10. The proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to final map submittal. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. GENERAL CONDITIONS 11. 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 beat the subdivider's expense. 12. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants, poles (power, telephone, cable, etc.), 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. 13. 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,and Section 8-801 of the Fresno Municipal Code, Resolution No. 78-522/88-229, and the policies of the Public Works Department. 14. 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. c Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 4 15. Sidewalks(including wheelchair ramp landings)and driveway approaches,for undeveloped parcels of this parcel map, shall be required and constructed at the time of site development. 16. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. 17. Telephone, cable, and other public utilities which propose above-ground facilities (such as cabinets) determined by the Planning and Development Director to be oversized shall be located in an additional easement area outside of the required landscape strip. 18. 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 Nos. 84-361) and any amendments thereto, hereinafter referred to as the "Public Works Standards." 19. The subdivider shall dedicate and construct public easements to facilitate the construction of curbs, gutters, sidewalks with street tree wells and irrigation systems (when applicable), permanent pavement, street/safety lighting, 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, and the Standard Specifications of the Public Works Department within the limits of the parcel map. 20. 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. 21. A minimum four 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 cannot be met within the public rights-of-way. All such public easements shall be identified and dedicated with the processing and recordation of the Final Parcel Map and/or at the time of Special Permit review for the proposed development of the parcel(s). 22. All required signing 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 street construction plans for this tentative map to the Public Works Department for review and approval. Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 5 23. The subdivider may either construct the required off-site improvements,when required, 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. SPECIFIC CONDITIONS FIRE SERVICE 24. The Fresno Fire Department requires that covenants for the following: i. Covenant for fire protection underground water supplies and Covenant to access buildings STREETS AND RIGHTS-OF-WAY North West Avenue (Arterial Street): 25. No new dedications required with this map. 26. Construct an underground street lighting system in accordance with Public Works Standard E-1, within the limits of this map. Spacing and design shall be conform to Public Works Standard E-7 for arterial streets. 27. Underground all existing offsite overhead utilities within the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. West Herndon Avenue (Expressway): 28. No dedication is required with this map. Urban Growth Management 29. Vesting Tentative Parcel Map is within Urban Growth Management Major Street Zone C/D-2. Pay applicable fees. Sanitary Sewer Service 30. The nearest sanitary sewer main to the project area is a 12-inch sewer main located in North West Avenue. 31. 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. 'c Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 6 . 32. 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 Service 33. Water main(s) (including installation of city fire hydrants) shall be extended within the proposed project through a public utility easement to provide water service to each parcel created. 34. The subdivider shall connect each parcel being created to the City of Fresno's water system with separate water service and meter unless other arrangements are approved by the City Engineer. 35. 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. FLOOD CONTROL AND DRAINAGE 36. 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 attached District's letter to the Planning and Development Department dated June 24, 2004. FRESNO IRRIGATION DISTRICT 37. FID's Bullard No 124 pipeline traverses the subject property in an exclusive easement recorded on February 7, 1994, as Document No. 94020155, Official Records of Fresno County. 38. The easement shall be shown on the map with proper recording information and FID shall be made party to signing all plans which affect this easement and pipeline facility. 39. FID request the applicant replace the existing pipe with a new pipe of the same diameter in accordance with FID standards and the applicant enter into an agreement with FID for that purpose. 40. FID request the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 - Page 7 DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control District FEE / RATE a. Metropolitan Flood Control District Fee $4,724.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) c. Oversize Charge $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge S.T.E.P Service Area: e. Wastewater Facilities Charge' S.T.E.P 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. f. Copper Avenue Sewer Lift Station Charge N/A g. Fowler Trunk Sewer Interim Fee Surety N/A h. House Branch Sewer Charge - N/A i. Millbrook Overlay Sewer N/A WATER CONNECTION CHARGES FEE RATE j. 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. k. Frontage Charge $6.50/lineal foot I. Transmission Grid Main Charge $506/gross acre m. Transmission Grid Main Bond Debt $243/net acre Service Charge n. UGM Water Supply Fee $0/living unit equivalent Service Area: 90 r Conditions of Approval Vesting Tentative Parcel Map No. 2004-08 March 2, 2005 Page 8 o. Well Head Treatment Fee $0/living unit equivalent Service Area: 201 p. Recharge Fee $0/living unit Service Area: 201 q. 1994 Bond Debt Service $0/living unit equivalent Service Area: 201 DEVELOPMENT IMPACT FEE r. Northeast.Fresno Policing Area N/A s. Traffic Signal Charge" $1.78/sq. ft. $414.69/living unit "*Building areas to be calculated to the nearest square foot.. Due at the time of development URBAN GROWTH MANAGEMENT FEE RATE/CHARGE" t. UGM Fire Station Capital Fee $492/gross acre (C-1/UGM) Service Area: 2 $278/gross acre (R-1/UGM) u. UGM Park Fee $566/gross acre (C-1/UGM) Service Area: 6 $1,132/gross acre (R-1/UGM) v. Major Street Charge $1,930/adj. acre Service Area: C/D-2 w. Major Street Bridge Charge $65/adj. acre Service Area: C/D-2 x. UGM Grade Separation Fee N/A y. Trunk Sewer Charge N/A Service Area: z. "Street Acquisition/Construction Charge N/A