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HomeMy WebLinkAboutPM 2004-09 - Conditions of Approval - 11/22/2005 1714 R City of I Inm I MLm-d%-I0 Planning & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 October. 11, 2004 Please reply to: , Paul Bernal .(559) 621-8073 Mark T.,Chin Engineering 4045 North Fresno Street, Suite 103 Fresno, California 93726 , Dear Applicant: SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO..2004-09 DATED APRIL 30, 2004, PROPOSING A EIGHT (8) LOT PARCEL MAP FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EAST KINGS CANYON ROAD AND SOUTH PEACH AVENUE. The City of Fresno Planning Division has completed its review of the subject parcel map dated April 30,2004. Pursuant to Fresno Municipal Code FMC Section 12-1205(c), this letter is written to advise that the Conditions of Approval dated October 7, 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 62178073 no later than October 14, 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.October 25, 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. 'e. A -• Mark T. Chin Engineering TPM-2004-09 October 11, 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 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 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 Werna SION - - —_- Planner III Current Planning Enclosures: Vesting Tentative Parcel Map No. 2004-05 dated April 30, 2004 Conditions of Approval dated October 7, 2004 City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: October 7, 2004 TO: NICK YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARO, Planning Mana r Planning Division FROM: PAUL BERNAL, Planner III Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-09, DATED APRIL 30, 2004, LOCATED ON THE SOUTHWEST CORNER OF EAST.KINGS CANYON ROAD AND SOUTH PEACH AVENUE. BACKGROUND Vesting Tentative Parcel Map No. 2004-09, filed by Mark T. Chin Engineering on April 8, 2004, and accepted for processing on April 30, 2004; proposes to subdivide 16.9 acres of land into eight parcels. The property is zoned C.,-2/BA-20/15 (Community Shopping Center District/Boulevard Area Overlay) zone district and is located on the southwest corner of East Kings Canyon Road and South Peach Avenue. The subject property is located within the Southeast Fresno Revitalization Redevelopment Project Area, Roosevelt Community Plan, and the 2025 Fresno General Plan. All three plans designate the project site for community commercial land uses. Pursuant to the zoning matrix (Table 2 of the 2025 Fresno General Plan) C-2 zoning is consistent with the community commercial land use designation. On June 18, 2004, the Redevelopment Agency.(RDA) submitted a letter to staff indicating that their agency would not support the approval of the proposed parcel.map without a comprehensive and integrated development plan. At the request of the Redevelopment Agency the applicant met with RDA staff to discuss concerns and issues regarding the project site. At these meetings, the applicant and RDA agreed that the applicant would design an integrated plan for the 16.9 acre site. The Redevelopment Agency in a letter dated September 17, 2004, has requested that their letter dated June 18, 2004 be retracted. The letter indicates the applicant has made the commitment to insure proper development of the project site. J Approval of this tentative parcel map is subject to the Planning and Development Department Director finding that this map is consistent with the officially adopted plans and polices of the City of Fresno. As previously stated the project site it designated in the 2025 Fresno General Plan, Roosevelt Community Plan, and the Southeast Fresno Revitalization Redevelop ment'Project Area for community commercial land uses. Staff has reviewed the proposed design and improvement of Vesting.Tentative Parcel Map No. 2004-09 and has determined that the map is consistent with adopted.pol i cies 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 EIR Guidelines, require that a public agency prepare an initial environmental study for each project. If a public agency finds that there is no substantial evidence in the record that a project may have an significant effect on the environment, NICK YOVINO Vesting Tentative Parcel Map No. 2004-09 Page 2 October 7, 2004 a Finding of Conformity of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130) will be prepared. Environmental Assessment No. TPM 2004-09 was completed resulting in a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130) dated October 08, 2004 and filed with the Fresno City Clerk on the same day. 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 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, Roosevelt Community Plan, and the Southeast Fresno Revitalization Redevelopment Project Area which designate the site for community commercial land use. 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 1. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2004-09 dated April 30, 2004, 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. 2004-09 dated April 30, 2004;_subject to the conditions of approval dated October 7, 2004, and to become effective on Octoberp, 2004. 7 4, 4�v Nick Yovino, Director SEP-22-21004 10:37 72'FRESNO REPEUELOPMENT 559 4981870 P-02 L WE Nt:0,R-A N-D. U M '_, Z344 TULARE ST.. SUITE 204, FRESNO, CA 93727 (5-59)L498-1 885 FAX(559)498-1870 ' V, DATE: Septernber 17, 2004 + ci TOO- . ". . .. NICD YGVN&Diiec-tevr Planning and Develi nl Dep nt FROM: DANIEL R. FITZPATRI ecutive Director IF:=_ - PPOPOSFd2_PARCELIZATION-OF PROPERTY AT THE SOUTHWEST CORNER OF PEACH AND KINGS CANYON ROAD, SOUTN_EAST FRESNO REV ITAEIZAT1ON REDEV ELOPMY-NT-PRO-JHCT Please accept this memo as a retraction of the letter sent to you on June 18, 2004 stating the Agency's opposition to the parceling of the property at the Std corner ofPeach-arrd-ki Canyon Road. Since that date,the applicant has made:a commitment to provided a suie design plan that will avoid hindering any future development on the remaining parcels. your DepartmenVs—processing of-this.pxrccYmzF,,v illhe_ablzto.m(we forward with a.gfuality commercial project for the entire site. Th-ah you for in advance for your asscstarrce-imthismatten- l-can bei-at-49$-1$'73; sheul� you have questions. c I<g�urglte}t Rede�eloprnefrt-�►� tor Jerry Freeman, Project"Manager Rick Skandalaris,X&aI-Estate Agent for owner] TUTTC-P:e2-- 7 City of Planning and Development Department 2600 Fresno Street•Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559)621-8277 FAX(559)498-1012 October 7, 2004 CONDITIONS OF APPROVAL` VESTING TENTATIVE PARCEL MAP NO. 2004-09 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..2004-09 are as follows: LEGAL STATUS OF SITE TO BE SUBDIVIDED 1. The parcel map site, was legally created as Lots 73 and 88 of Easterby Rancho, according to the map thereof recorded June 24, 1880, in Book 2, Page 6 of Plats, Fresno County Records. ZONING 2. Proposed parcels are consistent with the C-2/BA=20/15(Community Shopping Center District/Boulevard Area Overlay) 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. PLAN CONSISTENCY 3. The 2025 Fresno General.Plan and the Roosevelt Community Plan designate the parcel map for development with community commercial land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies neighborhood community commercial land uses as consistent with the C-2 zone district. SUBDIVISION MAP ACT REQUIREMENTS 4. 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. Conditions of Approval Tentative Parcel Map No. 2004-09 Page 2 October 7, 2004 5. 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 6. 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, and 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. Street Improvements 7. 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. 8. Existing improvements that are not to the planned alignment shall be removed and required, improvements installed to the new street alignment and grade. Existing improveents 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 9. 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. Conditions of Approval Tentative Parcel Map No. 2004-09 Page 3 October 7, 2004 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 10. 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 11. 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. OFF-SITE REQUIREMENTS 12. 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. 13. 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. 14. 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. 15. 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. Conditions of Approval Tentative Parcel Map No. 2004-09 Page 4 October 7, 2004 . 16. 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. 17. 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 be placed in a dedicated easement and shall be included as public improvement requirements for the parcel map. 18. Sidewalks .(including wheelchair ramp landings) and driveway approaches, for undeveloped parcels of this parcel map, shall be required as a condition of site development. 19. Easements: Identify the location, type,size, and record information of easements on the final map. 20. 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. 21. 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. 22. 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. 23. 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 Conditions of Approval Tentative Parcel Map No. 2004-09 Page 5 October 7, 2004 PARK SERVICE 24 Contact the Parks, Recreation and Community Services Department at (559) 621- 2900. FIRE SERVICE 25. . The City of Fresno Fire Department has no requirements for Vesting Tentative Parcel Map No. 2004-09. STREETS AND RIGHTS-OF-WAY 26. Submittal of engineered construction plans to the Public Works Department for approval must be made prior to final map. 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. 27. Repair or replace any existing damaged off-site concrete improvements in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Standards. 29. Additional off-site improvements will be required at the time of future site plan review. 30. Underground all existing overhead utilities within the limits of this map as per Fresno Municipal Code Section 12-1011, Section 8-801 and Resolution Nos. 78-522/88-229. 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. EAST KINGS CANYON ROAD 32. Construct concrete curb, gutter, and sidewalk to a ten (10)foot pattern in accordance with Public Works Standard P-5. 33. Construct concrete curb, gutter, and sidewalk built to an eight(8)foot pattern for 250 feet west of the return, along right .turn lane in accordance with Public Works Standard P-5. 34.. Install additional permanent paving from face of curb to existing paving in accordance with Public Works Standard P750. Install A.C. transition paving as needed. 35. 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 Tentative Parcel Map No. 2004-09 Page 6 October 7, 2004 . 36. Reconstruct 30 foot concrete return with Wheel Chair Ramp and traffic single to ultimate alignment at the.southwest corner=of_East. Kings Road and South Peach Avenue. . SOUTH PEACH AVENUE 37. Dedicate a 50 foot street type approach at the junction of Parcel "F" and Parcel "G as shown for public street purposes. Also dedicate a 40, foot by 7 foot piece of property for street purposes as shown adjacent to proposed Parcel °H" of this map. 38. Dedicate two (2) additional feet on the east property line for-Parcel "C 153.39 feet south of Kings Canyon Road. 39. Dedicate a 0-12 feet taper across the frontages of Parcel "E", Parcel °F", Parcel "G" and Parcel "H" to obtain a 62 foot ultimate right-of-way alignment. 40. From face of curb install 20 feet of permanent asphalt concrete paving in accordance. with Public Works Standard P-50. Install A.C..transition paving as needed. 41. Construct concrete curb, gutter, and sidewalk to a ten (10)foot pattern in accordance with Public Works Standard P-5. 42. 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. EAST LAND AVENUE 43. Construct concrete curb, gutter, and sidewalk to a ten(10)foot pattern in accordance with Public Works Standard P-5: 44. Construct an underground street lighting system in accordance with Public Works Standard E-2 within the limits of this map. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 45. Dedicate corner cutoff and reconstruct 30 foot return with Wheel Chair Ramp and signal to ultimate alignment at the northwest corner of East Lane Avenue and South Peach Avenue. SANITARY SEWER The nearest sanitary sewer mains to the project area is a 8 inch sewer main located in East Kings Canyon Road, a 12 inch sewer main located in South.Peach Avenue, and a 8 inch sanitary main in East Lane Avenue. The following conditions shall be required to provide sanitary sewer service to the proposed project. 46. Connection to the Chestnut Trunk Service Basin. Conditions of Approval Tentative Parcel Map No. 2004-09' Page 7 - October 7, 2004 47. Separate sewer house branches are required for each lot created. 48. No main extensions are required. 49. 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 9-505.2. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 50. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on meter (water or sewer effluent) usage. The developer may contact the 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. WATER SERVICE The nearest water mains to the project area is a 12 inch water main located in East Kings Canyon Road, a 12 inch water main located in South Peach, and a 12 inch water main in East Lane Avenue. The following conditions are required to provide water service to the project. 51. Two independent sources of water are required to serve the project. 52. Installation of public fire hydrant(s) is required. 53. No main extensions are required. FLOOD CONTROL AND DRAINAGE 54. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 55. 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 May 17, 2004. FRESNO UNIFIED SCHOOL DISTRICT 56. Prior to issuance of a building permit, school fees must be paid. Contact the Fresno School District for their requirements. Conditions of Approval Tentative Parcel Map No. 2004-09 Page 8 October 7, 2004 . . DEPARTMENT OF TRANSPORTATION 57. Comply with.Caltrans memorandum dated May 27, 2004: DEVELOPMENT FEES AND CHARGES 58. This project is subject to the'following development fees and charges: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE a. Metropolitan Flood Control District Fee $9,171.00 Tentative Parcel Map No. 2004-09 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* n/a 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. House Branch Sewer Charge n/a g. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE h. 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. i. Frontage Charge $6.50/lineal foot j. Transmission Grid Main Charge $560/gross acre k. Transmission Grid Main Bond Debt Service Charge $243/gross acre Conditions of Approval Tentative Parcel Map No. 2004-09 Page 9 October 7, 2004 I. UGM Water Supply Fee n/a Service Area: m. Well Head Treatment Fee n/a Service Area: n. Recharge Fee n/a Service Area: o. 1994 Bond Debt Service n/a Service Area: DEVELOPMENT IMPACT FEE p. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* q. UGM Fire Station''Capital Fee n/a Service Area: r. UGM Park Fee n/a Service Area: s. Major Street Charge n/a Service Area: t. Major Street Bridge Charge n/a Service Area: u. Traffic Signal Charge n/a v.. UGM Grade Separation Fee n/a w. Trunk Sewer Charge n/a Service Area: x. *Street Acquisition/Construction Charge n/a File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager CAROL K. HARPER, TRUSTEE- Planning & Development Department P.O. BOX 263 City of Fresno FRIANT, CA 93626 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2004-009 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) PP DRAINAGE AREA PP I S9,171.00 DATE S-/n/014 DRAINAGE AREA - - TOTAL FEE $9,171.00 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 CEQA/NEPA impact of the project mitigation requirements.. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is. credited against the drainage fee obligation. 2004-009 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 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 Lane Ave. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 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: 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. 2004-009 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6• 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 activity not otherwise exempt from National Pollutant Discharge Elimination System.(NPDES) permitting, to implement controls to reduce pollutants;prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated 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 Board (State Board), develop and implement a storm water pollution prevention plan, _-eliminate non-storm water discharges, conduct routine site inspections, train employees in permit.,compliance, and complete an annual certification of compliance: b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard 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. 2004-009 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls.recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 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. erald E. Lakem Pro' ct Engineer: Jamie Miller District Engineer, Assistant General Manager C: MARK T. CHIN ENGINEERING 4045 N. FRESNO ST., STE. 103 FRESNO, CA 93726 2004.009 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document 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: Policy 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 floodwaters from that portion of the flood plain to be developed. engr\engrform\floodplain policy-form OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice.-. Contact the District for a final drainage fee obligation prior to issuance of a building or permit recording of the final map: The following paragraphs only apply towards development of the individual parcels and are not conditions for the recording of the map. 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. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off--site or into a storm drain. Roofs . covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary , sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are attached. Development No. TPM 2004-009 engr\perm it\exhibi @\city-tpm\2004\2004-0090 m) SEP-26-2004 16:57 72FRESNO REDEVELOPMENT 559 4981870 P-02 REDEVELOPMENT AGENCY of THE CITY OF FRESNO M E M 0 R A N D U M _ 2344 TULARE ST., SUITE 200, FRESNO, CA 93721 (559)498-.1685 FAX (559)498-1870 DATE: September 17, 2004 TO: NICK YOVINO Director Planning and Development Dep t FROM. DANIEL R. FITZPATRIC utive Director RE: PROPOSED PARCELIZATION OF PROPERTY AT THE SOUTHWEST CORNER OF PEACH AND KINGS CANYON ROAD, SOUTHEAST FRESNO REVITALIZATION REDEVELOPMENT PROJECT AREA Please accept this memo as a retraction of the letter sent to you on June 18,2004 stating the Agency's opposition to the parceling of the property at the SW corner of Peach and Kings Canyon Road. Since that date, the applicant has made a commitment to provided a suitable design plan that will avoid hindering any future development on the remaining parcels. With your Department's processing of this parcel map, we will be able to move forward with a quality commercial project for the entire site. Thank you for in advance for your assistance in this matter. I can be reached at 498-1873, should you have questions. c Marlene Murphey,Redevelopment Administrator Jerry Freeman, Project Manager Rick Skandalaris, Real Estate Agent for owner TOTAL P.02 REDEVELOPMENT AGENCY of THE CITY OF FRESNO M E M O R A N D U M 2344 TULARE.ST., SUITE 200, FRESNO., CA 93721 (559) 498-1885 FAX (559) 498-1870 DATE June 18, 2004 TO NICK YOVINO, Director Planning and Developments en FROM DANIEL R.FITZPA ctor RE PROPOSED PARCEL IO PROPERTY AT THE SOUTHWEST CORNER OF PEACH AND KINGS CANYON ROAD, SOUTHEAST FRESNO REVITALIZATION REDEVELOPMENT PROJECT AREA We understand that you have an application for parceling a portion of property at the S.W. corner' of Peach and Kings Canyon Blvd: This parcel is in our Southeast Fresno Revitalization Redevelopment Project Area and is a key component for the comprehensive development and implementation of the adopted Redevelopment.Plan("Plan"). This Plan is applicable to all public and private property in the Project Area. Chapter IV., Section D.11. [§422] Subdivision of Parcels, of the Southeast Fresno Revitalization Redevelopment Plan provides that: "No parcel in the Project Area, including any parcel retained by a participant, shall be subdivided without the approval of the Agency. The objectives.of the Redevelopment Plan are to provide for the proper utilization of properties to ensure that parcels are suitable for modern,integrated development, and that they.will strengthen the economic base of the Project Area and the community, thus stimulating development,business expansion, employment, and social and economic growth. It is our understanding that the owner of this 15.7- acre property wishes to sell.a 2 +/- acre parcel on the corner for a strip neighborhood commercial center. Please be advised that we do not support the approval of such a parcel map application without a comprehensive and integrated development plan for the entire 15.7 acre parcel This parcel is a very key property in the overall neighborhood that ties together housing and commercial to the west, housing and offices , to the south and southwest, and the Sunnyside High School to the east and the Ayers Elementary School to the southeast. Proper planning and development of this parcel can tie together the fabric of this important neighborhood. The proposed piece-mealing approach to development would not achieve the results contemplated in our Redevelopment Plan: YOVINO .lune 18, 2004 Page t We look forward to receiving a copy of any application for parcelization and/or development regarding properties at this location. It is very important that the Agency has an opportunity to provide timely review and input: Thank you for assistance on this matter. Should you have questions, please contact me at 498-1873 c Marlene Murphey, Redevelopment Administrator Jerry Freeman, Project Manager Hilda Montoy, City Attorney Councilmember Mike Dages Rick Skandalaris, Real Estate Agent for owner