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HomeMy WebLinkAboutPM 2004-26 - Conditions of Approval - 10/23/2006 V city o1 MESS-I� PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 September 07, 2005 Please reply to: Will Tackett (559) 621-8063 Doug Oliver 5662 North McCall Avenue Clovis, California 93611 Dear Applicant: SUBJECT: NOTICE OF CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-26 DATED FEBRUARY 11, 2005, PROPOSEING A TWO-LOT RESIDENTIAL SUBDIVISION FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST OLIVE AVENUE BETWEEN NORTH MILLBROOK AVENUE AND NORTH EIGHTH STREET. The City of Fresno Planning Division has completed its review of the subject parcel map dated February 11, 2005. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written to advise that the conditions of approval dated September 07, 2005, are as noted on the attached document. If you have any questions regarding the conditions notify me at 621-8063 no later than September 22, 2005, 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 the 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 Planning and Development Department. The appeal must include the appellant's interest in/or relationship to the subject property, the decision or action appealed, and specific reasons why the appellant believes the decision or action appealed should not be upheld. Appeals must be submitted to the Director of the Planning and Development Department prior to 5 p.m. on September 22, 2005. EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2004-26 expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map my not be filed without first processing a new Tentative Parcel Map. Vesting Tentative Parcel M. . No. 2004-426 September 07,2005 Page 2 Modification of a Vesting 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 Planning and Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of five years. If you wish additional information please contact the City of Fresno Planning and Development Department, Planning Division, 2600 Fresno Street, Third Floor, Fresno, California 93721-3604; phone, 621-8277. Your inquiry should be directed to Will Tackett. Sincerely, PLANN G DIVISION lAdva tettPlanning Enclosures: Vesting Tentative Parcel Map No. 2004-26 dated February 11, 2005 Conditions of Approval dated September 07, 2005 Department of Public Works memorandum dated March 21, 2005 Department of Public Utilities memorandum dated March 01, 2005 Fresno Metropolitan Flood Control District memorandum dated February 23, `05 Pacific Gas & Electric Company memorandum dated March 02, 2005 City of \I Z 1 r F I kM Sa. dWE PLANNING AND DEVELOPMENT DEPARTMENT DATE: September 07, 2005 TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: DARRELL UNRUH, Planning Manager Planning Division FROM: WILL TACKETT, Planner Il Planning Section SUBJECT: REQUIRED FINDINGS AND CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-26, DATED FEBRUARY 11, 2005, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST OLIVE AVENUE BETWEEN NORTH MILLBROOK AVENUE AND NORTH EIGHTH STREET BACKGROUND Vesting Tentative Parcel Map No. 2004-26, dated February 11, 2005, filed by Doug Oliver, proposes to subdivide approximately 0.39 acres into two residential parcels for property located on the north side of East Olive Avenue between North Millbrook Avenue and North Eighth Street. The property is designated for medium density residential planned land uses by the Yosemite School Area Specific Plan, the Roosevelt Community Plan and the 2025 Fresno General Plan. The site was originally zoned R-A (Single Family Residential — Agricultural District), however according to Government Code Section 66410 (State Subdivision Map Act), in order to approve a parcel map the zoning of the subject site must be consistent with the adopted General Plan and any applicable community plans. As a result the applicant filed Rezone Application No. R-04-76 which rezoned the subject property from the R-A (Single Family Residential — Agricultural District) zone district to the R-1 (Single Family Residential District) zone district. Pursuant to Table 2 "Planned Land Use and Zone District Consistency Table" of the 2025 Fresno General Plan the R-1 zone district is consistent with the planned land use designation of medium density residential. The rezone application was approved by the City Council on June 07, 2005 by Ordinance No. 2005-60. All comments and requirements from the appropriate agencies have been addressed in the conditions of approval dated September 07, 2005, for Vesting Tentative Parcel Map No. 2004- 26. Approval of a tentative parcel map is subject to the Planning and Development Department Director finding the map is consistent with the officially adopted plans and policies of the City of Fresno. Staff has reviewed the proposed design and improvement of Vesting Tentative Parcel Map No. 2004-26 and has determined that the map is consistent with adopted policies as described below. City of Fresno Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 2 REQUIRED FINDINGS The initial study prepared for Environmental Assessment No. R-04-76/TPM No. 2004-26 considered potential environmental impacts associated with the rezone application and parcel map. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 11, 2005, which incorporates an MEIR Mitigation Monitoring Checklist. 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 improvements is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Findings Nos. 2-5, below, is made in the negative. 1. The proposed parcel map, together with its design and improvements is consistent with the Yosemite School Area Specific Plan, the Roosevelt Community Plan and the 2025 General Plan and which designate the site for medium density residential planned land uses which is consistent with the R-1 (Single Family Residential District) zone district. 2. The site is physically suitable for the proposed development because of the flat terrain of the site and adequate access and drainage on and off the site. The Fresno Metropolitan Flood Control District will require that the drainage from the site be diverted to the future Master Plan Facilities. 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 to City health and safety standards. 5. The proposed parcel map design will not conflict with pubic 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. City of Fresno Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 3 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Department Director finds that Vesting Tentative Parcel Map No. 2004-26 dated February 11, 2005, is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Department Director hereby grants approval of Vesting Tentative Parcel Map No. 2004-26 subject to the conditions of approval dated September 07, 2005, to become effective on 4W. , 2005. �x- C?--7-0c i �k P. Yovino Date a CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL SEPTEMBER 07, 2005 VESTING TENTATIVE PARCEL MAP No. 2004-26 North Side of East Olive Avenue between North Millbrook Avenue and North Eighth Street 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. 2004-26, dated February 11, 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 the south one-half of Lot 12 of Hayden Park, in the City of Fresno, County of Fresno, State of California,according to the map thereof recorded in Book 5, Page 17, of Record of Surveys, Fresno County Records. Excepting therefrom the east 184 feet thereof. Also excepting therefrom the North nine and one-half feet thereof. PLAN CONSISTENCY 2. The 2025 Fresno General Plan, Roosevelt Community Plan, and Yosemite School Area Specific Plan designate the parcel map for development with medium density residential planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies medium density residential planned land uses as consistent with the R-1 (Single Family Residential District) zone district. Conditions of Approval Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 2 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. Rezone Application No. R-04-76 rezoned the property from the R-A(Single Family Residential —Agricultural District)zone district to the R-1 (Single Family Residential District)zone district. The Fresno City Council approved this rezone on June 7,2005 by Ordinance Bill No.2005-60. 5. Proposed parcels A and B are consistent with the R-1 (Single Family Residential District)zone district in terms of lot width, depth and area and all lots abut a public street. GENERAL CONDITIONS 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 Attorneys Office and shall be recorded with the final parcel map. Conditions of Approval Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 3 12. 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. 13. 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." 14. 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,streettsafety 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. 15. 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. 16. 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). 17. 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. 18. 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 STREETS AND RIGHTS-OF-WAY East Olive Avenue (Collector Street): 19. Underground all existing offsite overhead utilities within the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Conditions of Approval Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 4 20. Parcel "A"; if existing driveway does not go to a covered carport or garage, remove and construct concrete curb, gutter and sidewalk to Public Works Standard P-5. 21. Parcel "B"; remove existing driveway and construct concrete curb, gutter and sidewalk to Public Works Standard P-5. 22. Parcel"B"; prior to occupancy of a proposed residence,a covenant shall have been recorded with the City of Fresno assuring the provision of turnaround driveway access. 23. Comply with the Department of Public Works memorandum dated March 21, 2005. Sanitary Sewer Service 24. Separate sewer house branches shall be provided for each lot created. 25. No extensions are required. 26. Comply with the Department of Public Utilities memorandum dated March 01, 2005. Water Service 27. 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. 28. No extensions are required. 29. Comply with the Department of Public Utilities memorandum dated March 01, 2005. FLOOD CONTROL AND DRAINAGE 30. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)forthe 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 February 23, 2005. PACIFIC GAS & ELECTRIC COMPANY 31. Comply with the attached Pacific Gas & Electric Company memorandum dated March 02, 2005. 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 N/A Conditions of Approval Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 5 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* $2,119.001living unit 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 $804/net acre m. Transmission Grid Main Bond Debt Service Charge $304/net acre n. UGM Water Supply Fee N/A Service Area: o. Well Head Treatment Fee N/A Service Area: p. Recharge Fee N/A Service Area: q. 1994 Bond Debt Service N/A Service Area: DEVELOPMENT IMPACT FEE r. Northeast Fresno Policing Area N/A s. Traffic Signal Charge $414.69/living unit Conditions of Approval Vesting Tentative Parcel Map No. 2004-26 September 07, 2005 Page 6 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* t. UGM Fire Station Capital Fee N/A Service Area: 15 u. UGM Park Fee N/A Service Area: 2 v. Major Street Charge N/A Service Area: D-1/E-2 w. Major Street Bridge Charge N/A Service Area: D-1/E-2 x. UGM Grade Separation Fee N/A y. UGM Trunk Sewer Charge N/A Service Area: Fowler z. *Street Acquisition/Construction Charge N/A City of le—R E-r--;s SHIM*—,\a\ DATE: March 21, 2005 TO: Will Tackett, Planner I Development Department, Planning Division, Current Planning THROUGH: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Gregory A. Jenness, Senior Engineering Technician Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2004-26, north side of East Olive Avenue between North Millbrook Avenue and North Eight Street. PUBLIC IMPROVEMENT REQUIREMENTS The Public Works, Traffic Planning Section, has completed its review of Tentative Parcel Map 2004-01, which was submitted by T.R. Case Land Surveys, Inc. for Doug and Cynthia Oliver, the property owners. The following requirements are to be placed on this Tentative Parcel Map as a condition of approval by the Public Works Department. General Conditions • All 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. • Repair or replace all existing damaged and /or off-grade offsite concrete improvements in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. • Submittal of engineered construction plans to the Public Works Department, Engineering, for approval must be made prior to the final map. All required signing and striping shall be installed and paid for by the developer/owner. The signing and striping plans shall comply with the current Caltrans standards and be submitted as a part of the street improvement plans. • Additional offsite improvements will be required at the time of future site plan review. Major Streets: East Olive Avenue: 1. All offsite improvements are existing. 2. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 3. Parcel "A"; if existing driveway does not go to a covered carport or garage, remove and construct concrete curb, gutter and sidewalk to Public Works standard P-5. 4. Parcel "B"; remove existing driveway and construct concrete curb, gutter and sideway to Public works standard P-5. UGM: This Parcel Map is not within a U.G.M. Major Street Zone. - 1 — LATraffic Planning Section\Parcel Maps\TentPM200426 Olive btwn Millbrook&Eighth.doc City of FRES10av'gr DEPARTMENT OF PUBLIC UTILITIES Date: March 01, 2005 To: WILL TACKETT, Planner I Planning and Development Department , Advance Planning From: DOUG HECKER, Supervising Engineering Technician "D A , Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR PM-2004-26 General PM-2004-26 proposed to create two lots from one .39-acre parcel located on the north side of East Olive Avenue east of North Millbrook Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: Separate sewer house branches are required for each lot. No extensions required. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Charge Wastewater Facilities Charge (Residential Only) Water Requirements Water facilities are currently or would be available to provide water service to the site subject to the following requirements: No extensions required. Separate water services and meter boxes are required for each lot. Water Fees Payment for installation of water service(s) and/or meter(s) is required. File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER W4 Mr. Gil Haro, Planning Manager DOUG OLIVER Planning & Development Department 5662 N. MCCALL City of Fresno CLOVIS, CA 93611 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2004-026 PRELIMINARY FEE(S) (See below) DRAINAGE A A(S) " II4A " - DRAINAGE AREA " II4A " $0.00 DATE 2 23 DRAINAGE AREA TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The O 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 O indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. O 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. O 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. 01 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. 2004-026 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 Olive Avenue. 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. ;. 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: Appears to be located within a _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 X Does not appear to be located within a flood prone area. 2004-026 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 one or more acres, and discharges associated with industrial 00 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 Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O 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; O 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. 2004.026 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. "'*r)-r--+ a�t'c Gw�� Gerald E. Lakeman, Project Engineer:>Mck + District Engineer C: TR CASE LAND SURVEYS, INC. 2565 E. PERRIN AVE., SUITE 109 FRESNO, CA 93720 2004.026 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 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 2004-026 engr\permit\exbibit2\city-tpm\2004\2004-026(rl) F& Pacific Gas and Electric Company' Corporate Real Estate 650"0"Street, Bag 23 South Valley land Services Fresno, CA 93760-0001 March 2, 2005 Development Department Engineering Services Division Land Division Section MAR 0 1, 2005 Attn: Mr. Paul Bernal 2600 Fresno Street, Third Floor Pdarant' Division Fresno, CA 93721-3604 CpTV OF 4=9ESNO Dear Mr. Bernal, We have reviewed Tentative Parcel Map No. 2004-26 received in our office on February 25, 2005. If PG&E has an existing pole line and/or gas line facilities that serve the property and the existing pole line or gas line(s) cross the proposed property lines (and are not covered by an existing easement), it is the property owner's responsibility to provide PG&E with adequate rights-of-way. PG&E is available to assist the property owner in making the determination if an easement will be necessary. The property owner or their agent may contact the undersigned for assistance. PG&E has determined that our records show no Gas or Electric transmission lines located within the project area. Any existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the County of Fresno) will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Parcel Map. If you have any question, please contact me at 263-5167. Sincerely, Kyle Patten Land Agent L ORPICES or 77 �,,Z5401 W1. PHONE(559)233-7161 FAX(559)233-8227 - 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water February 25, 2005 Mr. Will Tackett City of Fresno Planning &Development Department r M 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: VTPM No. 2004-26 Dear Mr. Tackett: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or biohnson(&fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\C ity\V TPM2004-26 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO Recording Requested by. City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY iperne` SECONDED BY_ u BILL NO. B S9 ORDINANCE NO. d=-_W AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-04-77 has been filed by Doug Oliver, property owner, with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 4th day of May, 2005, to consider Rezone Application No. R-04-76 and related Environmental Assessment No. R-04-76/ TPM No. 2004-26 during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the R-A (Single Family Residential-Agricultural) zone district to the R-1 (Single Family Residential)zone district; and, WHEREAS, on May 4, 2005, the Fresno City Planning Commission through Resolution No. 12208 recommended approval of Rezone Application No. R-04-76 as described above; and, WHEREAS, the Council of the City of Fresno, on the 7th day of May 2005, received a staff report, related information, and recommendation of the Planning Commission and concurs therewith. ).4u6lleS �tt -See Ordinance Amending Official Zone Map Rezone Application No. R-04-76 Page 2 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 11, 2005, prepared for Environmental Assessment No. R-04-76/TPM No. 2004-26. Accordingly, Environmental Assessment No. R-04-76/TPM No. 2004-26 is hereby approved. SECTION 2. The Council finds the requested R-1 zone district is consistent with the medium density residential land use designation of the 2025 Fresno General Plan, Roosevelt Community Plan, and Yosemite School Area Specific Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the R-A (Single Family Residential-Agriculturao zone district to the R-1 (Single Family Residential) zone district: From R-A to R-1: The land referred to herein is situated in the State of California, County of Fresno, City of Fresno, and is described as follows. The south half of Lot 12 of Hayden Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 5, Page 17 of Record of Surveys, Fresno County Records. Excepting therefrom the east 184 feet thereof. Also excepting therefrom the north 9.5 feet thereof. Ordinance Amending Official Zone Map Rezone Application No. R-04-76 Page 3 SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation to the City of Fresno and the payment of all applicable annexation fees including Fresno County Fire Protection District transition fee. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. R-04-76 Filed by Doug Oliver, property owner Assessor's Parcel No. 453-281-11 KAMaster Files-20041'REZONEIR-04-076,PM2004-26 3753EOIIve RA2R1 --Wl1R-04-76 CC Ord Bill 6-7-05.doc City of IL Planning & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 August 12, 2004 Please reply to: Paul Bernal (559)621-8073 Attention: Tim Case T.R. Case Land Surveys, Inc. 2665 East Perrin Avenue, Suite 109 Fresno, California 93720 SUBJECT: VERIFICATION OF APPLICATION DOCUMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2004-26 FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST OLIVE AVENUE BETWEEN NORTH MILLBROOK AVENUE AND NORTH EIGHTH STREET. In accordance with Section 12-1005 of the Fresno Municipal Code, the above-noted tentative parcel map application, has been reviewed for completeness of form and content. The map, as submitted does not provide all of the information necessary to consider the application as complete. The attached checklist and marked-up copy of the tentative parcel map indicate the information that must be added or modified in order to render the tentative parcel map complete and acceptable for processing. Prior to submittal, please submit two copies of the revised tentative parcel map for pre-filing review. When the tentative map is correct and acceptable for processing your submission should consist of 25 copies of the tentative parcel map. If you have any questions or require additional information please contact this office. Sincerely, PLAMITING D ON Paul Bernal Planner III Enclosures