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HomeMy WebLinkAboutPM 2004-27 - Conditions of Approval - 2/11/2005 City of iirn=U....i.. Planninq & Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 Qe.at-•eot �� y Z(DS November 22, 2004 Please reply to: Arnoldo Rodriguez (559) 621-8633 Gary Giannetta 1119 S Street Fresno, CA 93721 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-27 DATED OCTOBER 1, 2003, PROPOSING A FOUR LOT AND A REMAINDER PARCEL MAP FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST JENSEN AVENUE, BETWEEN SOUTH FOWLER AND SOUTH SUNNYSIDE AVENUES The City of Fresno Planning Division has completed its review of the subject parcel map dated October 1, 2004. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is written to advise you that the Conditions of Approval dated November 12, 2004, are as noted on the attached document. An environmental assessment was conducted and resulted in a Finding of Conformity, dated November 19, 2004. The Finding of Conformity is tentatively scheduled to be published in the Fresno Bee commencing a 20-day public review and comment period on November 26; 2004. You will be notified of the publication date and when the public review period will expire via mail. If you have any questions regarding the conditions you must notify either Louis Rocha at (559) 621- 8074 or Arnoldo Rodriguez at (559) 621-8633 by December 7, 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 Directors 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 Planning and Development Department prior to 5 p.m. on November 22, 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. Tentative Parcel Map No. 2004-27 = November 22, 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, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621- 8277. Your inquiry should be directed to either Louis Rocha (engineering or improvements issues) or Arnoldo Rodriguez (planning or zoning issues). Sincerely, PLANNING DIVISION 4,&k psa('- n— Arnoldo Rodriguez Planner III Enclosures: Vesting Tentative Parcel Map No. 2004-27 dated October 1, 2004 --- Conditions of Approval dated November 12, 2004 Fresno Fire Department memorandum dated October 1, 2004; Fresno Metropolitan Flood Control District memorandum dated October 20, 2004; and Caltrans memorandum dated October 5, 2004 Environmental Assessment/Initial Study Find of Conformity dated November 19, 2004 KAMaster Files-Parcel Maps\Parcel Maps 2004\TPM-2004-27 NE comer of S.Sunnyside&E.Jensen—ARITPM-2004-27-ApprovaLtr.doc City of ■ ■ ESN Planning & Development Department 2600 Fresno Street• Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559)621-8277 FAX(559)488-1020 January 12, 2005 Please reply to: Amoldo Rodriguez (559)621-8633 Note to the File On November 22, 2004, the Planning and Development Department approved Vesting Tentative Parcel Map No. 2004-27, subject to compliance with the Conditions of Approval dated November 12, 2004. On December 7, 2004, in a letter from Gary Giannetta, they(the applicant)appealed all of the conditions of approval for Vesting Tentative Parcel Map No. 2004-27. Giannetta cited Section 12- 1206-4-2 of the Fresno Municipal Code which states, "The improvements and payments required by subsection c shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land." All of the proposed parcels meet this condition. In a memorandum from Public Works (dated November 2, 2004), dedications and street improvements (i.e. construction of curb and gutter, street lighting system, sidewalks, etc.)were required. In an e-mail from Mike Kim dated December 20, 2004, he states that the department(Public Works), consented to the recordation of the map without the improvements being constructed or secured, with the understanding that all improvements would be required upon development. Condition No. 3 of the Conditions of Approval dated November 12, 2004 would require that the applicant comply with the land use and zone district consistency matrix of the 2025 General Plan. In order to satisfy this requirement, the applicant and/or future owners would be required to file a "new"tentative and final tract map where such improvements would be required (via a covenant). To proceed with the filing of the Final Parcel Map, the applicant withdrew their appeal on January 7, 2005. The crossed out items (i.e. NA)are no longer necessary to proceed with the final map. Amoldo Rodriguez Planner III KAMaster Files-Parcel Maps\Parcel Maps 2004\TPM-200427 NE corner of S.Sunnyside&E.Jensen—AR\Note to the File.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL November 12, 2004 VESTING TENTATIVE PARCEL MAP NO. 2004-27 North side of East Jensen Avenue, between South Sunnyside and South Fowler Avenues NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." 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. LEGAL STATUS OF SITE TO BE SUBDIVIDED 1 The parcel map site, was legally created as the southeast quarter Section 16, Township 14 South, Range 21 East, Mount Diablo Base and Meridian. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Roosevelt Community Plan designate the parcel for medium and medium high density residential land uses. The land use designations were established per Plan Amendment Application No. A-03-18 and Rezone Application No. R-03-79, both of which were approved by the Fresno City Council on September 28, 2004. Vesting Tentative Tract Map No. 5248/UGM, which proposed a 424-lot single family residential subdivision on approximately 117 acres, filed concurrently with these applications, was approved by the Fresno Planning Commission on September 15, 2004. The subject parcel map would help facilitate the development of the site given that it will allow the applicant to develop the project in phases, and will allow residential development of the property consistent with planned land use of the 2025 General Plan and Roosevelt Community Plan. 3. A covenant, to be prepared by the City, is required. The covenant shall require that at the time of development, the subject site shall be developed in accordance with Vesting Tentative Tract Map No. 5248/UGM, Rezone Application No. R-03-79, and Plan 1 t Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 2 Amendment No. A-03-18. In addition, the subject property shall be developed in accordance with Table 2 of the 2025 General Plan (Planned Land Use and Zone District Consistency Matrix) and pursuant to Section 12-403 of the Fresno Municipal Code. The covenant shall run with the land and shall be recorded in the Office of the County Recorder. Submit a copy of a recorded grant deed identifying ownership and pay a fee of $250.00 (or fee at the time of submittal of the noted documents in accordance with the adopted Master Fee Schedule) to the Planning and Development Department. ZONING 4. The proposed parcels are consistent with the existing R-1/UGM (Single Family ResidentiaUUrban Growth Management) (± 117 acres) zone district and the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) (± 20 acres) zone district, subject to compliance with Condition No. 3, above. 5. Prior to the development, sale, lease or financing of the remainder portion, a "Certificate of Compliance" shall be requested from the City of Fresno. SUBDIVISION MAP ACT REQUIREMENTS 6. 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. 7. Comply with the provisions 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 CONDITIONS 8. Upon conditional approval of Vesting Tentative Parcel Map No. 2004-27 dated October 1, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 9. Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the fee indicated. Covenants must be approved by the City Attorney's Office prior to issuance of building permits. lic Na , r Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 3 se. —12. , `tom , 'N t' rnnctn irfinn of+heconff_ci+eYv�i ient-FeE}u}FeR'}eR�' r ' -shell l9e-t:h9 F96p^8n6ilAity-and at the eXr pnec of the m i1ndi vidpr --q 3.-- r �9 -- ' 14. All exiitimg everigead dtilities, ' s, —480 Whefi StFee4sefetylighting installations afe required, street lightimg plams shall be tAmp,468(ri) fafed-ffeFH th -e4eetkeaI iRr..t_Rl1_iqfiR_i% shall be as determ9imed by the Traffic Emgimeer. Street lighting 21 Istallatiol it, s. 16. Public utility easements shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdividers cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 17. 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(559) 263-7375. 18. Telephone, cable, and other public utilities which propose above-ground facilities determined by the Public Works Director and 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. 7-1 , C Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 4 REI-Berrelefie P ,, 21. 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. 22. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of grading work, in accordance with Chapter 13 of the Fresno Municipal Code. PUBLIC WORKS DEPARTMENT (STREET TREES) �Q 23. ts. FIRE SERVICE 24. Comply with the attached Fire Department memorandum dated October 1, 2004. STREETS AND RIGHTS-OF-WAY 25. ' jt#efs, sielewelk, IBUS 19BYS, Fi@ht WHI l8sers, bike laRes, bike paths, multi puFperam tFaill limits of fige pareel map. Additiomally, a mimemurn 4 feet wide elear path of trav f on site time Bf- the pare-.-M. ' �a26. , 1 Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 5 �Or 27. detefflfflined-te-He-dafeged-e -eff gFedP-fesy the City FiRgineer. €;istipq driveway aPproachesnntwdEntified_f rriirrentC)x futtire tifiliestiem shall be fem9eved ekmd sidewalk (whem applieeble), eurb amd gutter she' weer. for by the developeiYawmer. The sigi H;iv aI id stripimv plams shall be prepared ii i mtjst be made pfief to final n9ep. A i I feqt4ed signing BREI G4iPiR@ shall be dene and paidt —61:emde ds- 30. Additional off-site improvements shall be required at the time of future special permit and/or building permit. F-0 31. h 32. 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. Major Streets: South Sunnyside Avenue (Collector): �a 94.- 65. • 1 Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 6 South Fowler Avenue (Arterial): i� •3&- Dedieete 6365 feet Bf PF8p9FIY, the 4iFARG 9f thiS �a , �a•—98 ce is East Church Avenue (Collector): , �0- , c 8- tamdard It q wethen.the limits ef thee Fnap. The spaGiRg and design shall cog3jorlm In Piihlor- �0~ East Jensen Avenue (Expressway): 4.4. -Dad*catia bsbAxs Q-m 422 to-4 4,feet of pFGPOFIFY, FA8a6WFed ffew seetieR "Fie, f6F publie stf - 4 , 4�-- Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 7 49. Relinquish access to all lots abutting East Jensen Avenue. UGM REQUIREMENTS 50. This Parcel Map is located within UGM Major Street Zone D-1/E-2. Pay UGM fees. SANITARY SEWER SERVICE . T ' rRd Fd Speei+eatiees-e##he- -11abAG- :41orke :spartmen#, The cnnnectina tlithe_rit�4'e gPwPr gVstPm rPnilire eistees-e#- map. 52. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on meter (water or sewer effluent) usage. Contact the Department of Public Utilities at (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. 53. The nearest sanitary sewer mains to serve the project area is a 48-inch sewer main located in East Church Avenue and a 15-inch sewer main located in South Sunnyside Avenue. . 1�7 . brat,1q.epah ea_q shall be pmvided r each lut created. 57. Abandon all existing on-site private sanitation systems. QRGIaparcv-1 Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 8 59. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 60. Engineered improvement plans, prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the City Sewer System. Sanitary Sewer Fees a. Oversize sewer charge#35. b. Sewer lateral charge. C. Trunk sewer charge: Fowler. d. Wastewater facilities charge (residential only). WATER SERVICE 62. 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. 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. 63. 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. WATER SERVICE 64. The nearest water main to the project area is a 14-inch water main located in South Sunnyside Avenue. ��-65. R. 6-86-t GIRI-Weh Ayemue keni Gotith Ganny�ffide Avenue east dwass the project fronlMo. 107-67. qstmet a 14 , �q" Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 9 IZQ- . 72. Seal and abandon any existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City standards. e# y-ta& 74. Public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. The fellewimg water.eerligeetlem eharges shall be paid for the Fejeet-. a. Wet-ties, water service, and meter installations to be performed by the City. b. Frontage charge. C. Transmission grid main charge. d. Transmission grid main bond department service charge. e. Service area #501s. f. Urban Growth Management water supply area #501 s. FLOOD CONTROL AND DRAINAGE 75. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 76. 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 October 10, 2004, including payment of any fees. SANGER UNIFIED SCHOOL DISTRICT 77. Prior to issuance of a building permit, school fees must be paid. Contact the Sanger Unified School District for their requirements. Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 10 FRESNO IRRAGATION DISTRICT 78. The Fresno Irrigation District does not own, operate or maintain any facilities on the subject property; therefore they anticipate no adverse impacts. DEPARTMENT OF TRANSPORTATION (CALTRANS) 79. Consider the attached letter from Caltrans dated October 5, 2004. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control District Fee a. Metropolitan Flood Control District Fee $23,642.00 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 $344/living unit Service Area: Fowler e. Wastewater Facilities Charge $2,119/living 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 $643/gross acre Conditions of Approval Tentative Parcel Map No. 2004-27 November 12, 2004 Page 11 m. Transmission Grid Main Bond Debt Service Charge $243/gross acre n. UGM Water Supply Fee $582/living unit Service Area: 501-S o. Well Head Treatment Fee $238/living unit Service Area: 501 p. Recharge Fee $75/living unit Service Area: 501 q. 1994 Bond Debt Service $244/living unit Serjice Area: 501 DEVELOPMENT IMPACT FEE r. Northeast Fresno Policing Area n/a s. Traffic Signal Charge n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE" t. UGM Fire Station Capital Fee $605/gross acre Service Area: 1 u. UGM Park Fee $2392/gross acre Service Area: 2 v. Major Street Charge $3161/adj. acre Service Area: D-i/E-2 w. Major Street Bridge Charge $304/adj. acre Service Area: D-1/E-2 x. Traffic Signal Charge $478/living unit y. UGM Grade Separation Fee n/a z. Trunk Sewer Charge n/a - Service Area: Fowler aa. *Street Acquisition/Construction Charge n/a KAMaster Files-Parcel Maps\Parcel Maps 2004TPM-2004-27 NE comer of S.Sunnyside&E.Jensen—AR\TPM-2004-27-Coa.doc City of Planning & Development Department 2600 Fresno Street • Third Floor Please Reply To: Fresno, California 93721-3604 Paul Bernal (559)621-8722 FAX(559)488-1020 621-8073 PARCEL MAP REVIEW DATE: October 1, 2004 BYRON BEAGLES/MIKE SCHMIDT VESTING TENTATIVE PARCEL MAP NO. 2004-27 Please review the attached Tentative Parcel Map and make your comments below: This a Vesting Tentative Parcel Map. Return this for to: Arnoldo Rodriguez, Planner III, Planning Division, Current Planning Section. If you have any questions, please call. COMMENTS: 411 CO/hm,@0 oq h91•�Cs SY'of.t 't ,,,4 & A IA- /e c e! .e41 L Fait 1c C. Gtr r�[. a.►.0 ✓ 70�a,. In,1 ACAS �dgc az File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER M4 Mr. Gil Haro, Planning Manager SUNNYSIDE PARTNERS,LLC Planning & Development Department 1396 W. HERNDON, STE. 101 City of Fresno FRESNO,CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2004-027 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " BH BL DRAINAGE AREA BH $22,710.00 DATE /(j --20-OT DRAINAGE AREA BL $3,932.00 TOTAL FEE $26,642.00 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 0 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. 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. 2004-027 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 Mq of construction projects disturbing five or more acres, and discharges associated with industrial Z 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 mph 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. 2004.027 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. W Q CHURCH 24' 18' WE 18' AVE. 24' ------ — — 1 I r I 18• • I ! I r f 18' RELIEF UNE II Li/ Co. -w r 1 r I 24'111 EL -----------— — --- I I I � / I 1 r I BASIN TPM I "BL„ � f I 2004-027 ; W 1 1 m : m t8' 1 42' I - ---- — } I f i Z I 1 J o cn I 24. 24 24' 24' j�\\� uj eo 04 j 18' ---L----.� O 1 -------------- ------ 1 JENSEN AVE. LEGEND F_MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER (ELIGIBLE FOR FEE CREDIT) OPTIONAL MASTER PLAN FACILITIES TO BE W•••»•--•I~] CONSTRUCTED BY DEVELOPER (ELIGIBLE FOR FEE CREDIT) 0--—— EXISTING MASTER PLAN FACILITIES 0— FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE SC SCAj,)h, 1"=800' ------ INLET BOUNDARY -•. - DRAINAGE AREA BOUNDARY ® BASIN EXCAVATION REQUIRED TPM 2004-027 EXHIBIT N0. 1 DRAINAGE AREA: "BH' k "BL" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Ncrr io m o+ K;\nuroaw\owcs\oEx,aeir\cinPu\2004-027.owc Rte. OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. 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 recording of the final map. The construction of "Optional Master Plan facilities to be constructed by Developer", as shown on Exhibit No. 1 will provide permanent drainage service to that portion of TPM 2004-027 located within the District's Drainage Area `BL". The District will consider condemnation proceedings for easements on behalf of the Developer if he cannot negotiate an acquisition. The Developer shall deposit with the District the estimate easement and appraisal costs with the Developer's authorization to proceed with any acquisition. The deposit shall include all acquisition costs, including if determined by the District to be warranted, applicable legal costs. If the optional facilities are not constructed by TPM 2004-027, the District recommends temporary facilities until permanent drainage service is available in Drainage Area`BL". The developer of Tract 5127 has been required to construct the storm drain facilities as shown on the attached sketch. Upon completion of those facilities permanent service will be available in Drainage Area`BH". A minimum of fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. TPM 2004-027 Page 1 of 2 engr\permit\exhibits2\city-tpm\2004-027 Qc) OTHER REQUIREMENTS EXHIBIT NO. 2 The site shall be graded so that major storm flows from the tract are conveyed northerly or stored within the street right-of-way. If major storm flows are conveyed to Jensen Avenue, the developer will be required to construct Non-Master Plan Facilities in the form of a siphon under Jensen Avenue to direct these flows to the south side of Jensen Avenue. The Developer must pay all costs for controlling.major storm water from the project without fee credit. 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 2004-027 Page 2 of 2 engr\permit\exhibits2\city-tpm\2004-027 Oc) STATE OF CALIFORNIA—BUSINESS TRANSPORT' N AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 0 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flet your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 OCT 2904 October 5, 2004 Ramm�.g Civsicn 213 1-IGR/CEQA 6-FRE-180-64.4+/- VTPM 2004-27 (A-03-18 & R-03-79) LONESTAR PROPERTY Mr. Arnoldo Rodriguez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Rodriguez: We have completed our review of the Vesting Tentative Tract Map for the proposed project bounded by South Sunnyside, East Jensen, South Fowler and the East Church Alignment. Caltrans has the following comments: Caltrans made comments on this project during the Plan Amendment and Rezone stage. Our comments of January 30, 2004; August 11, 2004; August 26, 2004; and September 28, 2004 (copies attached) still apply. Based on the consultant's trip trace, 72 of the PM peak hour project-generated trips would impact the SR 99 interchange at Jensen Avenue. Due to land use changes approved by the City of Fresno for the area east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen will reach its capacity as traffic generated by approved development impacts this interchange. Caltrans projects that the signalized intersection at the northbound off-ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. The Council of Fresno County Governments' Interchange Deficiency Study should determine what improvements will be needed at this interchange. It is recommended that the project contribute its proportional fair share for improvements to this interchange. The City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the "Caltrans improves mobility across California" Mr. Arnoldo Rodriguez October 5, 2004 Page 2 Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosures C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCENVARM—EGGER.Governor DEPARTMENT OF TRANSPOx.fATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be ever TTY (559)488-4066 efficient! FC P7 September 28, 2004 n q 2N4 Planning Division Uevai0Q-'==`t DapaitT-Srlt 2131-IGR/CEQA -3 .io 6-FRE-180-64.4+/- A-03-18 & R-03-79 LONESTAR PROPERTY TRAFFIC IMPACT STUDY Mr. David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglich: We have completed our review of the Traffic Impact Study prepared for the proposed single-family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and the East Church Alignment. Caltrans has the following comments: Caltrans questions the traffic consultant's conclusions contained in Figure 13 that no traffic is utilizing the northbound off-ramp from State Route (SR) 99 to Jensen Avenue. However, based on the consultant's trip trace, 72 of the PM peak hour project- generated trips would impact the SR 99 interchange at Jensen Avenue. Due to land use changes approved by the City of Fresno for the area east of SR 99 between Church and-Jensen Avenues, the SR 99 interchange at Jensen will reach its capacity as traffic generated by approved development impacts this interchange. Caltrans projects that the signalized intersection at the northbound off-ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. The Council of Fresno County Governments' Interchange Deficiency Study should determine what improvements will be needed at this interchange. It is recommended that the project contribute its proportional fair share for improvements to this interchange. The City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. "Caltrans improves mobility across California" Mr. David Stiglich September 28, 2004 Page 2 Caltrans notes that this project has already gone before the Planning Commission and been approved. It is scheduled to go before the City Council today. The City utilized a "mitigated negative declaration" as the environmental document to support the project. Caltrans questions the City's ability to prepare such an environmental document and to approve the project on this basis prior to having circulated the TIS for review and comment. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS TRANSPORTA" 'I AND HOUSING AGENCY ARNOLD SCHWARZENEGrER r,,..,,,.. DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 our` � Flex ower! FAX (559)488-4088 (o-�((`' u�.f Y p Be energy efficient! TTY (559)488-4066 OCT 0 8 ?�! 4 August 26, 2004 plarnir1; D ivisicn Dgv84G�f yt c;y, �: ' ';°� 2131-IGR/CEQA 6-FRE-180-64.4+/- A-03-18 & R-03-79 LONESTAR PROPERTY TRIP TRACE Mr. David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglich: We have completed our review of the trip trace for the proposed single-family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and the East Church Alignment. Caltrans has the following comments: It is estimated that this development would likely generate approximately 1,500 trips during the peak evening travel times. It is further estimated that approximately 20% of these trips (300 trips) would impact the State Route (SR) 99/Jensen Avenue interchange. When conducting the Traffic Impact Study (TIS) to assess the project-related impacts, please reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002. Due to land use changes east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen Avenue will reach its capacity as development continues to impact this interchange. Caltrans projects that the signalized intersection at the northbound off- ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. The Council of Fresno County Governments' interchange deficiency study should determine what improvements will be needed at this interchange. The segment of SR 180 between Clovis and Temperance Avenues is scheduled to begin construction in 2004. This project, in and of itself, will not have a significant impact on this interchange. However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts to these resources were not addressed in the General "Caltrans improves mobility across California" Mr. David Stiglich August 26, 2004 Page 2 Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff.report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project_ 1. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lotand be . shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. STATE OF CALIFORNIA—BUSINESS,IRMSPORTAT10—4LNQ HOUSING AGENCY ARNOLD SCHWARZENEGCER.Govemor DEPARTMENT OF TRANSPOWIATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 I PHONE (559)445-6666 FE LFLFlevyour power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 OCT 0 8 2004 August 11, 2004 213 1-IGR/CEQA 6-FRE-180-64.4+/- A-03-18, R-03-79, T-5248 & C-04-148 Mr. David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglich: Caltrans notes that on August 11, 2004 the City published a "Notice of Environmental Finding" for the above-named project. Caltrans made comments on the plan amendment and rezone in a letter dated January 30, 2004 (copy enclosed). It is our understanding that this project is scheduled to go before the Planning Commission on September 1, 2004. Please ensure that our letter is included in the staff report. The published notice mentions a Vesting Tentative Tract Map and Conditional Use Permit. Caltrans was not provided with an opportunity to review either the map or the use permit. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans; prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" %§TA3:9 OF CALIFORNIA—BUSNESS.TR.4aNSPORTATION '*rD HOUSING AGENCY ARNOLD SCF{W R7FNLtEGgE Covemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 _ __ �, Flex your power! (� '++.;; r Be energy e�cientl TTY (559)488-4066 I� ll January 30, 2004 2131-IGR/CEQA 6-FRE-180-64.4+/- A-03-18 & R-03-79 LONESTAR PROPERTY Mr. David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglich: We have completed our review of the plan amendment and rezone for the proposed single- family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and the East Church Alignment. Caltrans has the following comments: It is estimated that this development could generate approximately 603 trips during peak PM travel times. Some of these generated trips would impact the State Route (SR) 180 interchange at Fowler Avenue and the SR 99 interchange at Jensen Avenue. However, the project application contains insufficient information to make a conclusive determination on the impacts of this project to the transportation/circulation system. A Traffic Impact Study (TIS) is needed to assess the project-related impacts on the State highway system and the pro-rata share towards area-wide circulation improvements. Please reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study is conducted. The segment of SR 180 between Clovis and Temperance Avenues is scheduled to begin construction in 2004. This project, in and of itself, will not have a significant impact on this interchange. However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating these impacts. Due to land use changes approved by the City of Fresno for the area east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen will reach its capacity as traffic generated by approved development impacts this interchange. Caltrans projects that the signalized intersection at the northbound off-ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. "Caltrans improves mobility across California•' Mr. David Stiglich January 30, 2004 Page 2 It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak-hour trips (as this project will..do) to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). Has such an analysis been done? The City should consider a transit alternative for this project. The project is of sufficient. size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with-a complete and accurate environmental evaluation for the project. Please send a copy of the staff reports) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely;, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project_ 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. rn Ido Rodriguez Fwd Re Parcel Ma-' 7004-27 Pa e 1 ,,rte From: Mike Kirn To: Arnoldo Rodriguez Date: 12/20/2004 5:19:16 PM Subject: Fwd: Re: Parcel Map 2004-27 See below >>> Mike Kirn 12/20/04 12:12PM >>> Alan: I have review the request from Robert Wood to waive the requirements for improvements associated with PM 2004-27. Section 12-1206(d)(2)of the City Code allows improvements to be waived for parcels over ten acres created by the land division. Accordingly, Public Works consents to the recordation of PM 2004-27 without the improvements being constructed or secured. This is with the understanding that all improvements will be required at the time a CUP, site plan review, occupancy certificate or further division of land occurs associated with a tract map. If you have any questions please let me know. Mike Kirn >>>"Robert L. Wood"<woodOgeneration-homes.com> 12/17/04 12:20PM >>> Mike To give you some background the first phase of the parcel map#2004-27 (tentative subdivision map#5428)will be ultimately developed by my company Generation Homes. I am stepping into the process of completing the final parcel map for our subsequent acquisition along with several future projects for Granville Homes. It is my understanding that in order to record the Parcel map PW the conditions of approval must be rescinded or effectively deferred to the subdivision. I have been told that the only thing that has to occur is your concurrence that the parcel map is exempted from the improvement conditions and released back to planning to move forward. What can I do to expedite this process. Thanks Robert Wood Generation Homes woodO-generation-hom es.com 559 447-3080 GARY G. GIANNETTA CONSULTING CIVIL ENGINEER 1119 S STREET FRESNO, CA 93721 559-264-3590 FAX 559-264-0696 December 7 , 2004 Mr. Arnoldo Rodriguez V�C 9 8 2004 City of Fresno 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: Vesting Tentative Parcel Map No. 2004-27 Dear Mr. Rodriguez : This letter is an appeal of the conditions of approval . All of the proposed parcels within the parcel map are over 20 acres in area, the property is not developed and there is no development proposal with the parcel map. Section 12-1206 (d) (2) of the City Municipal Code states that improvements and payments "shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. " Please call if you have any questions . Sincerely, '--Gar Giannetta Project Engineer cc: Jeff Roberts Christine Lingenfelter GARY GIANNETTA CONSULTING CIVIL ENGINEER 1119 "S" STREET FRESNO, CA 93721 (559) 264-3590 (559) 264-0696 FAX January 7, 2005 Mr. Arnoldo Rodriguez City of Fresno 2600 Fresno Street Fresno, CA 93721 Re: Vesting Tentative Parcel Map No. 2004-27 Dear Mr. Rodriguez: This letter is a withdrawal of the appeal of the conditions of approval because it is my understanding that the conditions have been modified to conform to Section 12-1206 (d) (2) of the City Municipal Code. Please call if you have any questions . Respectfully, Gary Giannetta Project Engineer cc: Jeff Roberts