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Home My WebLink AboutPM 2004-38 - Conditions of Approval - 9/12/2005 City of K PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Nick P. ovirno Fresno, California 93721-3604 Director (559)621-8722 FAX(559)498-1020 June 21, 2005 Please reply to: Paul Bernal (559) 621-8073 R.W. Greenwood Associates, Inc. Attention: Ron Greenwood 2558 East Olive Avenue Fresno, California 93701 Dear Applicant: SUBJECT: NOTICE OF CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-38 DATED DECEMBER 28, 2004, PROPOSEING AN 11-LOT INDUSTRIAL SUBDIVISION FOR PROPERTY LOCATED ON THE WEST SIDE OF,NORTH BRAWLEY AVENUE BETWEEN WEST ASHLAN AND WEST SHAW AVENUES The City of Fresno Planning Division has completed its review of the subject parcel map dated December 28, 2004. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written to advise that the conditions of approval dated June 9, 2005, are as noted on the attached document. If you have any questions regarding the conditions notify me at 621-8073 no later than July 7, 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/ 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 July 7, 2005. EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2004-38 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 Map NoI04-38 June 21, 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, 621-8722. Your inquiry should be directed to Paul Bernal. Sincerely, AN ING DIVISION Paul Bernal Planner III Current Planning Enclosures: Vesting Tentative Parcel Map No. 2004-38 dated December 28, 2004 Conditions of Approval dated June 9, 2005 Letters from the Department of Public Works dated February 1, 2005, Department of Public Utilities dated January 11, 2005, Fresno Metropolitan Flood Control District dated January 19, 2005, and Caltrans dated December 30, 2004 & March 15, 2005 �i CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JUNE 9,2005 VESTING TENTATIVE PARCEL MAP NO. 2004-38 West side of North Brawley Avenue between West Ashlan and West Shaw Avenues NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2004-38,dated December 23, 2004, 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 Parcel 2 of Parcel Map No. 3978,according to the map recorded in Book 27 Page 14 of Parcel Maps, Fresno County Records. EXCEPTING THEREFROM that portion of said property lying below a depth of 500 feet measured vertically from the contour of the surface thereof. ALSO EXCEPTING the North 18 feet thereof. ALSO EXCEPTING THEREFROM the above exception the South 3 feet of the East 28 feet thereof. 5 Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 2 PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Bullard Community Plan designate the parcel map for development with light industrial planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies light industrial planned land uses as consistent with the M-1 (Light Manufacturing District) zone district. ZONING k 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-05-05 rezoned the property from the M-3 (Heavy Industrial)zone district to the M-1 (Light Manufacturing)zone district. The Fresno City Council approved this rezone on June 7, 2005, by Ordinance Bill No. 2005-57. 5. The Fresno City Council approved the proposed local industrial street and width within the boundaries of the Vesting Tentative Parcel Map No. 2004-38 by Resolution No. 2005-213 6. Proposed parcels A through K are consistent with the M-1 (Light Manufacturing)zone district in terms of lot width, depth and area and all proposed parcels abut a public street. GENERAL CONDITIONS 7. 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. 8. 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. 9. 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. 10. 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 Fighting installations shall be dedicated to the City upon completion and acceptance of the installations. Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 3 11. 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. 12. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and.shall be recorded with the final parcel map. 13. 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. 14. 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." 15. The subdivider shall dedicate and construct public easements to facilitate the construction of curbs, gutters, sidewalks with street tree wells and irrigation systems (when applicable), permanent pavement, street/safety lighting, bus bays, right turn lanes, bike lanes, bike paths, multi-purpose trail,wheelchair ramps and public utilities in accordance with City plans, ordinances, resolutions and policies, and the Standard Specifications of the Public Works Department within the limits of the parcel map. 16. 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. 17. 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). 18. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current CalTrans standards and shall be submitted as a part of the street construction plans for this tentative map to the Public Works Department for review and approval. Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 S June 9, 2005 Page 4 19. The subdivider may either construct the required off-site improvements,when required, prior to the approval of the final parcel map; or enter into an agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the approval of the final parcel map. SPECIFIC CONDITIONS FIRE SERVICE l 20. The Fresno Fire Department has no requirements at this time. STREETS AND RIGHTS-OF-WAY North Brawley Avenue (Arterial Street): 21. Construct an underground street lighting system in accordance with Public Works Standard E-1 within the limits of the map. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 22. Underground all existing offsite overhead utilities within the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 23. Dedicate 53-feet of property measured from section line for public street purposes within the limits of this parcel map. 24. Construct concrete curb and gutter built to a ten foot pattern in accordance with Public Works Standard P-5. 25. Construct 20-feet from face of curb of permanent asphalt concrete paving in accordance with Public Works Standard P-50. 26. Construct missing permanent asphalt concrete paving in accordance with Public Works Standards within the limits of this subdivision. West Ashcroft Avenue (Proposed Local Street): 27. Construct an underground street lighting system in accordance with Public Works Standard E-1 within the limits of the map. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 28. Underground all existing offsite overhead utilities within the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 29. Dedicate local street for public street purposes. Proposed local industrial street shall comply with Public Works Standards. Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 5 30. Construct concrete curb and gutter built to an eight foot pattern in accordance with Public Works Standard P-5. 31. Construct 48-feet from face of curb of permanent asphalt concrete paving in accordance with Public Works Standard P-50 32. Comply with the Department of Public Works, Engineering Division, letter dated February 1, 2005. Sanitary Sewer Service 33. The nearest sanitary sewer mains to the project area is an eight inch sewer main located in North Brawley Avenue. 34. Construct an eight inch sanitary sewer main in North Brawley Avenue from West Gettysburg Avenue south across the frontage of the subject property. 35. The subdivider shall connect each parcel being created to the City of Fresno's sanitary sewer system with a separate sewer house branch unless other arrangements are approved by the City Engineer. 36. The connection to the City's sanitary sewer system requires the payment of all applicable sewer connection charges in accordance with the provisions of FMC Chapter 9, Article 5 prior to the approval of the map. 37. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 38. Comply with the Department of Public Utilities, Planning and Engineering Division, letter dated January 11, 2005. Water Service 39. The nearest water mains to the project area is a 12 inch water main located in North Brawley Avenue. 40. Construct a 12 inch water sewer main in West Ashcroft Avenue west from North Brawley Avenue(including installation of City fire hydrants)to provide service to each parcel created. 41. Installation(s) of public fire hydrant(s) is/are required in accordance with City Standards. 42. 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. Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 6 43. 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. 44. Public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 45. Seal and abandon existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 46. Comply with the Department of Public Utilities, Planning and Engineering Division, letter dated January 11, 2005 FLOOD CONTROL AND DRAINAGE 47. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the attached District's letter to the Planning and Development Department dated January 19, 2005. DEPARTMENT OF TRANSPORTATION (CALTRANS) 48. Consider Caltrans letter dated December 30, 2004 and March 15, 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 $34,375.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) c. Oversize Charge $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge S.T.E.P Service Area: a • a Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 7 e. Wastewater Facilities Charge* S.T.E.P "Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined bythe Department of Public Utilities,Wastewater Division, Environmental Services Section (559)621-5153. f. Copper Avenue Sewer Lift Station Charge N/A g. Fowler Trunk Sewer Interim Fee Surety N/A a N/A h. House Branch Sewer Char �n 9 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/gorss acre m. Transmission Grid Main Bond Debt $243/gross acre Service Charge 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 $0.29/square feet t. Conditions of Approval Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 8 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* t. UGM Fire Station Capital Fee n/a Service Area: u. UGM Park Fee n/a Service Area: v. Major Street Charge n/a Service Area: w. Major Street Bridge Charge n/a Service Area: x. UGM Grade Separation Fee n/a y. Trunk Sewer Charge n/a Service Area: z. *Street Acquisition/Construction Charge n/a a J� City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: June 9, 2005 t TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARD, Planning M er Planning Division FROM: PAUL BERNAL, Plann r II Planning Section SUBJECT: REQUIRED FINDINGS AND CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-38, DATED DECEMBER 23, 2004, FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH BRAWLEY AVENUE JUST SOUTH OF THE WEST GETTYSBURG AVENUE ALIGNMENT BETWEEN WEST ASHLAN AND WEST SHAW AVENUES BACKGROUND Vesting Tentative Parcel Map No. 2004-38, dated December 23, 2004, filed by R.W. Greenwood Associates Inc., on behalf of Paul DiTomaso, proposes to subdivide approximately 7.28 acres into an 11-lot industrial subdivision for property located on the west side of North Brawley Avenue just south of the West Gettysburg Avenue alignment between West Ashan and West Shaw Avenues. The property is designated for light industrial planned land uses by the 2025 Fresno General Plan and the Bullard Community Plan. On June 7, 2005, the Fresno City Council approved Rezone Application No. R-05-05 by Ordinance No. 2005-57. The rezone application requested to rezone the subject property from the M-3 (Heavy Industrial District) zone district to the M-1 (Light Manufacturing District) zone district. Pursuant to Table 2 "Planned Land Use and Zone District Consistency Table" of the 2025 Fresno General Plan the M-1 zone district is consistent with the planned land use designation of light industrial. As previously stated Vesting Tentative Parcel Map No. 2004-38, is requesting to subdivide the subject property into an 11-lot industrial subdivision: The parcel map is also proposing new public local industrial streets. Pursuant to Section 66426(c) of the Subdivision Map Act and Section 12-1203 of the City of Fresno Parcel Map Ordinance, the governing body (City Council) must approve any proposed public street alignment for industrial zoned property prior to the approval of a vesting tentative parcel map proposing more than four parcels. Thus, the City Council on June 7, 2005, approved the street alignment and width as adopted by Resolution No. 2005-213. All comments and requirements from the appropriate agencies have been addressed in the conditions of approval dated June 8, 2005, for Vesting Tentative Parcel Map No. 2004-38. 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 ' v City of Fresno • • Vesting Tentative Parcel Map No. 2004-38 June 9, 2005 Page 2 Map No. 2004-38 and has determined that the map is consistent with adopted policies as described below. REQUIRED FINDINGS The initial study prepared for Environmental Assessment No. R-05-05/TPM No. 2004-38 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 25, 2005,which incorporates a 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 City's 2025 General Plan and Bullard Community Plan which designate the site for light industrial planned land uses which ]s consistent with the existing M-1 (Light Manufacturing 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 with 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. 2004-38 June 9, 2005 Page 3 DIRECTOR DETERMINATION 1. Eased upon the above analysis, the Planning and Development Department Director finds that Vesting Tentative Parcel Map No. 2004-38 dated December 23, 2004, 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. 2004-38 subject to the conditions of approval dated June 9, 2005, to become effective on , 2005. •n- ick P. Yovino Date City of rmm� %mow DEPARTMENT OF PUBLIC UTILITIES DATE: January 11, 2005 TO: PAUL BERNAL, Planner III Planning and Development Department, Current Planning FROM: DOUG BECKER, Supervising Engineer Technician Department of.Public Utilities, Planning and Engineering SUBJECT: SANITARY SEWER AND WATER REQUIREMENTS FOR VESTING TENTATIVE PARCEL MAP 2004-38 ..General' PM-2004-38 is located on the west side of North Brawley Avenue between West Ashlan and West Shaw Avenues. Sanitary sewer service The nearest.sanitary sewer main to serve.the project is an 8-inch main located in North Brawley Avenue.. The.following conditions shall be required to provide sewer service to the project. 1. Construct an 8-'inch sanitary sewer main in North Brawley Avenue from West Gettysburg Avenue south across the project frontage. 2. All!sanitary sewer mains shall be extended within the proposed project to provide service to each lot created.. 3. Separate sewer house branches shall be provided for each lot created. 4. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. Water service The nearest water main to serve the project is a 12-inch water main located in North Brawley Avenue. The following;conditions are required to provide water service to the project. 1. Construct a 12-inch water main in West Ashcroft Avenue west from North Brawley Avenue (including installation of City fire hydrants)to provide ser ice to each lot created. 2. Installation(s)of public fire hydrant(s) is/are required in accordance with City Standards. 4 3. Separate water services with meter boxes shall be provided to each lot created. • s x 4. Water Connection Charges are due and shall be paid for the Project. S. Public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. City of rn=W:e ...= 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: DECEMBER 24, 2004 DOUG HECKER VESTING TENTATIVE PARCEL MAP NO. 2004-38 Please review the attached Tentative Parcel Map and make your comments below: This a Vesting Tentative Parcel Map Return this for to: Paul Bernal, Planner III, Planning Division, Current Planning Section. If you have any questions, please call. COMMENTS: ,k City of r� .ii�'I�►C' DEPARTMENT"-OF PUBLIC UTILITIES DATE':: January 11, 2005 TO: PAUL BERNAL, Planner III Planning.and Development Department, Current Planning FROM: DOUG DECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering SUBJECT`. SANITARY SEWER AND WATER REQUIREMENTS FOR VESTING TENTATIVE PARCEL MAP 2004-38 General) PM-2004-38 is located on the west side of North Brawley Avenue between West Ashlan and West Shaw Avenues. Sanitary sewer service The nearest:sanitary sewer main to serve the project is an 8-inch main located in North Brawley Avenue. The:following conditions shall be required to provide sewer service to the project. 1. Construct an 8-inch sanitary sewer main in North Brawley Avenue from West Gettysburg Avenue south across the project frontage. 2. All sanitary sewer mains shall be extended within the proposed project to provide service to each lot create 3. Separate,sewer house branches shall be provided for each lot created. 4. Public:sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. Water service. The nearest water main to serve the project is a 12-inch water main located in North Brawley Avenue. The following conditions are required to provide water service to the project. 1. Construct a 12-inch water main in West Ashcroft Avenue west from North Brawley Avenue (including installation of City fire hydrants)to provide service to each lot created. 2. Installation(s)of public fire hydrant(s) is/are required in accordance with City Standards. 3. Separate:water services with meter boxes shall be provided to each lot created. 4. Seal and abandon existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 5. Water Connection Charges are due and shall be paid for the Project. 6. Public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. File No.210.431 -FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager PURL DiTOMASO Planning and Development Services P.O.BOX 1445 City of Fresno OAKHURST, CA 93644 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2004-038 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) AG - " DRAINAGE AREA " AG $34,375.00 DATE — (q—Orj DRAINAGE AREA " - - TOTAL FEE ' $34,375.00 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 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 w 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. 2004-038 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. a. Drainage from the site shall be-directed to X b." Grading and drainage patterns shall be as identified on Exhibit No. 1 4-4 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: X Developer,shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Clovis that runoff can be safely conveyed to the Master Plan inlet(s). X 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. 2004-038 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document I, FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial M 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 drains stem, and meet water quality standards. These Y q tY 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 Waterco 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. 2004.038 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document 4 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-Coristruction 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. ML� a�-- Gerald E.Lakeman, Pro' ct Engineer: Jamie Miller District Engineer, Assistant General Manager C: R.W. GREENWOOD 2558 E. OLIVE AVE. FRESNO, CA 93701 2004-038 5469 E.OLIVE - FRESNO,CA 93727 - (559)'456-3292 - FAX(559)456-3194 Two sided document Edi` NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. I ----------- II I I I II I I I I I II I I I I I I I I I I I SCALE i"=200' l I - I II LTJ Q I 30" 36" I I I I 20' I I 00 LLJ I II I I I •i II I I I I II I� M I m I I L------------------------ITl II I LEGEND ® 20' STORM DRAIN EASEMENT TO BE DEDICATED TO DISTRICT BY DEVELOPER MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. (ELIGIBLE FOR FEE CREDIT) -- EXISTING MASTER PLAN FACILITIES S FUTURE MASTER PLAN FACILITIES ASHLAN AVE. DIRECTION OF DRAINAGE --------------------= ------ INLET BOUNDARY TPM 2004-038 DRAINAGE AREA: "AG" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: MM DATE: 1729104 KWWoMMVVGSIDEXHIBITICITYPMUW"38.d.9 REVISED BY: — DATE: — 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 Developer shall dedicate a twenty-foot (20`) wide storm drain easement as shown on Exhibit No.1 as a condition of the final map. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Should the Developer desire an alternate alignment of the storm drain,any proposed alternate storm drain alignment must be reviewed and approved by the District. The proposed development is located in an area that has historically provided a passage for major storm flows from west of the proposed property to Brawley Avenue. The developer must maintain this major storm flow passage. 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 2004-038 engr\perm it\exhibit2\city-tpm\2004\2004-03 8(jm) city of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. rn�-W::�..� COUNCIL MEETING June 7, 2005 APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Depart nt DEPARTMENT DIRECT BY: GILBERT J. HARD, Planning ana CITYMANAGER Planning Division E SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-05, ALIGNMENT AND WIDTH OF PROPOSED PUBLIC STREET FOR AN 11-LOT INDUSTRIAL PARCEL MAP AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R=05-05/TPM NO. 2004-38 RECOMMENDATION J Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-05-05/TPM No. 2004- 38, dated February 24, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Rezone Application No. R-05-05 to rezone the subject property from the M-3 (Heavy Industrial District) zone district to the M-1 (Light Manufacturing District) zone district. 3. APPROVE the proposed street alignment and width as shown on attached Exhibit A dated December 23, 2004. EXECUTIVE SUMMARY Rezone Application No. R-05-05 is a request to rezone approximately 7.28 acres of property from the M-3 (Heavy Industrial District) zone district to the M-1 (Light Manufacturing District) zone district. The applicant is also proposing to establish a new interior street alignment and width for this property located on the west side of North Brawley Avenue just south of the West Gettysburg Avenue alignment between West Ashlan and West Shaw Avenues. This request, if approved, would facilitate the development of an 11-lot industrial subdivision. The proposed 64-foot public local street within the boundaries of the map will provide access to the industrial lots. Rezone Application No. R-05-05 would bring the subject property into conformance with the 2025 Fresno General Plan and the Bullard Community,Plan which designates the property for light industrial planned land uses. The requested rezoning. and parcel map is supported by the Bullard Community Plan Citizen's Advisory Committee. On April 6, 2005, the Fresno City.Planning Commission recommended approval of the rezone application to the City Council. The rezone is supported by staff and the new street alignment is supported by the Planning and Development and Public Works Departments. PROJECT INFORMATION PROJECT Request to rezone approximately 7.28 acres from the M-3 (Heavy Industrial District) zone district to the M-1 (Light Manufacturing District) zone district and a proposal to establish the alignment and width for a new 64-foot wide local industrial street APPLICANT R.W. Greenwood Associates Inc. on behalf of Paul DiTomaso, Owner REPORT TO THE CITY COUNCIL Rezone Application No. R-05-05 and Proposed Street Alignment and Width June 7,.2005 Page 2 ' LOCATION West side of North Brawley Avenue just south of the West Gettysburg Avenue alignment between West Ashlan and West Shaw Avenues (Council District 1, Councilmember Boyajian) SITE SIZE 7.28 Acres LAND USE Existing - Vacant Proposed - 11-Lot Industrial Subdivision ZONING Existing - M-3 (Heavy Industrial District) Proposed - M-1 (Light Manufacturing District) PLAN DESIGNATION The proposed M-1 zone district is consistent with the 2025 Fresno AND CONSISTENCY General Plan and the Bullard Community Plan land use designation of the site for light industrial planned land use - ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report(MEIR No. 10103) dated February 25, 2005 PLAN COMMITTEE The Bullard Community Plan Citizen's Advisory Committee RECOMMENDATION recommended approval of the requested rezoning application and parcel map at their March 28, 2005 meeting STAFF Approve Rezone Application No. R-05-05 and proposed street RECOMMENDATION alignment and width PLANNING COMMISSION On April 6, 2005, the Planning Commission voted to recommend RECOMMENDATION approval of the rezone application by a vote of 6 to 0 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Light Industrial 3Industrial Heavy Industrial District South Light Industrial 3Industrial Heavy Industrial District East Light Industrial M-3 Concrete Batch Plant Heavy Industrial District West Light Industrial M-3 Industrial/Southern Pacific Heavy Industrial District Railroad Tracks y REPORT TO THE CITY COUNCIL Rezone Application No. R-05-05 and Proposed Street Alignment and Width June 7, 2005 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-05/TPM No. 2004-38 considered potential environmental impacts associated with the subject rezone application, parcel map and proposed street alignment and width. 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. 1.0130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated February 25, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on February 25, 2005, with no comments received. BACKGROUND / ANALYSIS The applicant, R.W. Greenwood Associates, Inc., on behalf of Paul DiTomaso, has filed a rezone application and tentative parcel map. Rezone Application No. R-05-05 proposes to rezone approximately 7.28 acres of property located on the west side of North Brawley Avenue just south of the West Gettysburg Avenue alignment between West Ashlan and West Shaw Avenues from the M-3 (Heavy Industrial District) zone district to the M-1 Light Industrial District) zone district. Vesting Tentative Parcel Map No. 2004-38 proposes to subdivide the subject site into an 11-parcel industrial subdivision as well as establish a new public street alignment and width within the boundaries of the parcel map. Pursuant to the 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. The 2025 Fresno General Plan and the Bullard Community Plan designate the subject site for light industrial planned land uses. The subject site is currently zoned M-3 (Heavy Industrial District) which according to Table 2 of the 2025 Fresno General Plan, is not consistent with the light industrial planned land use designation for the subject site. Therefore, the subject property must be rezoned to the M-1 (Light Manufacturing District) zone district in order to approve the parcel map subdivision. Furthermore, Section 66426(c) of the Subdivision Map Act and Section 12-1203 of the City of Fresno Parcel Map Ordinance, require that the governing body approve any proposed public street alignment for industrial zoned property'prior to approval of a vesting tentative parcel map proposing more than four parcels. Thus, the Council must approve the proposed street, including the alignment and width, within the boundaries of Vesting Tentative Parcel Map No. 2004-38 prior to the approval of the parcel map. Approval by the Council would facilitate the development of an 11-lot industrial park by utilizing the City's tentative parcel map process rather than the tentative tract map process. The interior street in the industrial subdivision will be developed with a right-of-way width of 64 feet as permitted by Public Works Standards Surrounding land uses are characterized by industrial properties to the north, east, west and south. Bullard Community Plan Citizen's Advisory Committee The Bullard Community Plan Citizen's Advisory Committee reviewed and recommended approval of the requested rezone application and parcel map at their March 28, 2005 meeting. e REPORT TO THE CITY COUNCIL Rezone Application No. R-05-05 and Proposed Street Alignment and Width June 7, 2005 Page 4 Fresno City Planning Commission On April 6, 2005,the Fresno City Planning Commission considered Rezone Application No. R-05-05. The Commission voted to recommend approval of the rezone application to the City Council by a vote of6to0. Land Use Plans and-Policies The 2025 Fresno General Plan and the Bullard Community Plan designate the property for light industrial planned land use. Although the subject site is vacant, surrounding land uses are predominately industrial. The 2025 Fresno General Plan and the Bullard Community Plan, state that industrial planned land uses shall be located in areas that are compatible with adjacent land uses and are not aesthetically or environmentally,detrimental. Furthermore, Bullard Community Plan Policy 4.3.3-3 states that no new M-2 or M-3 zoning be allowed within the plan boundaries and that property planned for light industrial uses be zoned appropriately (i.e. C-M, M-1, M-1-P). Pursuant to Table 2, "Planned Land Use and Zone District Consistency Matrix," of the 2025 Fresno General Plan, the proposed M-1 zone district conforms to the land use designation of light industrial planned land use. It is not expected that the requested rezone will adversely impact existing city service systems or the traffic circulation system that serves the subject property. Sidewalks and Streets The applicant has also submitted Vesting Tentative Parcel Map No. 2004-38 requesting to subdivide the 7.28 acre site into an 11-parcel industrial subdivision as well as establishing new public street alignments and widths within the boundaries of the map. In addition, the applicant, will be required to dedicate 53-feet of property to widen and improve North Brawley Avenue. The construction of concrete curb, gutter, and sidewalks will be addressed at the time a development plan is submitted for the subject property. Redevelopment Agency of the City of Fresno (RDA) The Redevelopment Agency (RDA) has reviewed the rezone application and vesting tentative parcel map and has recommended approval subject to conditions, which shall ensure compliance with the Agency's Freeway 99 Golden State Corridor Plan. The RDA comments, dated February 25, 2005, are requesting that the applicant install 20-feet of landscaping along North Brawley Avenue as part of this rezone application and parcel map. However, given that the applicant is not proposing any. new .structures or intensifying the existing use, staff will impose this condition requested by RDA at the time the applicant submits a development plan for the subject property. Any new development entitlement application will be sent to the RDA staff for review and comment. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the proposed rezone application and parcel map and has indicated in its letters dated December 30, 2004, and March 15, 2005, that there is insufficient information to evaluate the impacts to the State Highway system, but that the project, when developed, could generate a significant number of peak hour trips that would likely impact the State Route 99/West Shaw Avenue interchange. Staff considered Caltrans' letters in preparing the initial study and determined that this project does not create impacts, including cumulative impacts that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full build out of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Appendix 2 of the MEIR shows that North Brawley Avenue, between West Gettysburg and West Shaw Avenues is expected to maintain a Level of Service C with full implementation of the MEIR mitigation measures. The project, as proposed, will REPORT TO THE CITY COUNCIL Rezone Application No. R-05-05 and Proposed Street Alignment and Width June 7, 2005 Page 5 generate 373 vehicle trips daily 54 of which vehicular trips will be generated during the a.m. peak hour while 53 vehicular trips will be generated during the p.m. peak hour. Therefore, additional analysis of this project, which generates vehicle trips below that requiring a traffic impact study, is not warranted. Therefore, City Staff recommends that a Finding of Conformity is appropriate without imposing additional mitigation measures as requested by Caltrans. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time the City is working with Caltrans to develop a legally permissible means for collection of impacts fees. A legally permissible means for collecting impact fees would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. In addition to a proportionate share study, a mechanism would be.needed for the City to collect monies and either hold these monies or hand those monies to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for the Fresno Metropolitan Flood Control District and/or entering into a Joint Powers Authority or a Memorandum of Understanding. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-05-05 and alignment and width for the proposed local industrial street is appropriate for the project site. KAMaster Files-2005\Rezone\R-05-005 Brawley&Highway 99--PB\R-05-05 Report to City Council 6-7-05.doc Attachments: Vicinity Map 2002 Aerial Photograph of Site Exhibit A, Vesting Tentative Parcel Map.No. 2004-38 dated December 23, 2004 Letters from Caltrans dated December 30, 2004 & March 15, 2005 Environmental Assessment No. R-05-05/TPM No. 2004-38, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 24, 2005 Planning Commission Resolution No. 12193 Council Resolution Ordinance Bill M-1 M-1 M-3 GEMSBURG M-1 // LFTTI T } w CM M-3 F w1 k w MINN' \C-6 � u LEGEND Subject Property U.G.M.Area VICINITY" MAP PLANNING S DEVELOPMENT N REZONE APPLICATION NO. R-05-005 DEPARTMENT From M-3 to M-1 A.P.N.:311-330-32 W E ZONE MAP: 2046 4365 N. BRAWLEY AVE. NOT TOsSCALE BY/DATE: J.S. 1 3-24-05 �p•H � s �''z. K�'b� 1. ',� x' 7 s s .: � }? e�. 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TTY (559)488-4066 L L` December 30, 2004 2131-IGR/CEQA 6-FRE-99-28.1+/- TENTATWE PARCEL MAP 2004-38 Mr. Paul Bernal City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Bernal: We have reviewed the map for the project located on the west side of North Brawley Avenue between West Ashlan and West Shaw Avenues. Caltrans has the following comments: There is insufficient information to evaluate this project's impacts to the State Highway system. The project site is zoned M-3. Based on the zoning, it does not appear that the project will generate sufficient trips to exceed the City's threshold of 100 peak-hour trips, triggering the need for a traffic study. However, when developed, the project could generate a significant number of peak hour trips that would likely impact the State Route (SR) interchange at Shaw Avenue, with some trips impacting the SR 99/Ashlan Avenue interchange. Caltrans recommends that the applicant conduct a Traffic Impact Study (TIS) at this, the parcel map stage, in order to fully assess the project-related impacts to the State Highway System and the pro-rata fair share towards area-wide circulation improvements. As per the City's policy,please have the preparer' of the traffic study 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. Caltrans Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when reviewing a traffic study. If the traffic consultant has any issues or concerns regarding the use of the Guide or its interpretation,please contact us so that resolution can be reached. Caltrans has a project to improve the SR 99/Shaw Avenue interchange. We have provided the approved Project Study Report for this improvement project to Mr. Darrell Unruh, City of Fresno Planning Division. The project has three alternatives. The preferred alternative has an estimated cost of$50.6 million, with two scaled-down alternatives at $17 and $10.9 million. The environmental phase of the project has started, and is fully funded with$1.6 million in TCRP funds and will be completed shortly. The Plan, Specifications, and Estimates (PS & E)phase of the project will proceed with TCRP funds, to be completed in Fiscal Year 2005. If the remaining TCRP funds become available, we can proceed until 2009 (through the preliminary right-of-way "Caltrans improves mobility across California" 0 Mr. Paul Bernal December 30, 2004 Page 2 process), at which time additional fund sources will need to be identified for right-of-way and construction. The current timeline for construction is 2010. It is possible that there could be changes or delays in the project due to funding constraints; however, none are expected at this time. It is recommended that this project contribute its proportional fair share for the planned improvements to the SR 99 northbound off-ramp to Ashlan Avenue. Caltrans currently has an approved Project Study Report for this improvement that provides both preliminary design and cost estimates for the various alternatives considered. The project may also create impacts to the SR 99 southbound off-ramp to Ashlan. While Caltrans does not have an approved PSR for improvements to this ramp, recent traffic studies have determined that improvements to this ramp will be needed as a result of the new residential development in the area. It is recommended that this project contribute its proportional fair share for the needed improvements to this off-ramp as well. Numerous developments have recently been approved in this area of Fresno. The City should be aware that continued development has 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 a part of the permanent public 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" s p STATE OF CALIFORNIA—BUSINESS.TRANSPORIMkDN AND HOUSING AGENCY ARNOLD SCHW ARZENEGGER Governor DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE o P.O.BOX 12616 �n ONE(59)9445-66666 PFRESN ,CA FED) V �D FAX (559)488-4088 Flex your power! TTY (559)488-4066AR 16 2005 Be energy efficient! - March 15, 2005 Planning Division iDevelopraent DepaO n1en 213 1-IGR/CEQA CITE'OF FRESt3 6-FRE-99-28.1+/- R-05-05 (TENTATIVE PARCEL MAP 2004-38) Mr. Paul Bernal City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Bernal: We have reviewed the rezone for the project located on the west side of North Brawley Avenue between West Ashlan and West Shaw Avenues. Caltrans has the following comments: There is insufficient information to evaluate this project's impacts to the State Highway system. Please provide Caltrans with an opportunity to review and comment on any specific development proposal when available. Based on the new zoning, it does not appearthat the project will generate sufficient trips to exceed the City's threshold of 1.00 peak-hour trips, triggering the need for a_traffic study- However, when developed, the project-could generate a significant number of peak hour trips that would likely impact the State Route (SR) interchange at Shaw Avenue, with some trips impacting the SR 99/Ashlan Avenue interchange. Caltrans recommends that the applicant conduct a Traffic Impact Study(TIS)prior to approval of the parcel map that is also being circulated for this development, in order to fully assess the project-related impacts to the State Highway System and the pro-rata fair share towards area-wide circulation improvements. As per the City's policy, please have the preparer of the traffic study 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. Caltrans Guide, while advisory, contains Best Practices and gives'insight into Caltrans' expectations when reviewing a traffic study. If the traffic consultant has any issues or concerns regarding the use of the.Guide or its interpretation, please contact us so that resolution can be reached. Please provide sufficient time for Caltrans to review the TIS prior to this,project going to hearing. Caltrans has a project to improve.the SR,99/Shaw Avenu..e.interchange. The project has three alternatives:, :The preferred alternative)has.anestimated cost of$5.0.,6 million;with two scaled- down alternatives at $17 and $10,9 million. The environmental phase of the project is fully funded with $1.6.million in TCRP funds and will be completed shortly. The Plan, Specifications, and Estimates (PS &E) phase of the.project will proceed with TCRP funds, to be completed in Fiscal Year 2005. If the remaining TCRP funds become available, we can proceed until 2009 (through the preliminary right-of-way process);at which time additional fund sources will need to be identified for right-of-way and construction. The current timeline for "Caltrans improves mobility across California" 0 Mr. Paul Bernal December 30, 2004 Page 2 construction is 2010. It is possible that there could be changes or delays in the project due to funding constraints;however, none are expected at this time. It is recommended that this project contribute its proportional fair share for the planned improvements to the SR 99/Shaw Avenue interchange. It is recommended that this project contribute its proportional fair share for the planned improvements to the SR 99 northbound off-ramp to Ashlan Avenue. Caltrans currently has an approved Project Study Report for this improvement that provides both preliminary design and cost estimates for the various alternatives considered. The project may also create impacts to the SR 99 southbound off-ramp to Ashlan. While Caltrans does not.have an approved PSR for improvements to this ramp, recent traffic studies have determined that improvements to this ramp will be needed as a result of the new residential development in the area. It is recommended that this project contribute its proportional fair share for the needed improvements to this off-ramp as well. Numerous developments have recently been approved in this area of Fresno. The City should be, aware that continued development has 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. The City should consider using the "Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. We request that this letter be made.a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and she Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the.project. If you have any questions, please call me at (559) 445-6666. Sincerely, FMOSES STITES Office of Transportation Planning District 6 C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" CITY OF FRESN ENVIRONMENTAL ASSESSMEP/ INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 Of the California Public Resources Code DATE RECEIVED FOR FILING: (California Environmental Quality Act) the project described below is 2005 FEB 2 5 AM g: 4 Z determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. CITY CLERK, RRESINO Initial Study is on file in the Planning and Development Department City Hall, 2600 Fresno Street, Fresno, California 93721 559 621-8277 Applicant: Paul DiTomaso Initial Study Prepared By: P.O. Box 1445 Paul Bernal, Planner III Oakhurst, CA. 93644 February 24, 2005 Environmental Assessment Number: Project.Location (including APN): Rezone Application No. R-05-05 & East side of North Brawley Avenue just south of the West Vesting Tentative Parcel Map No. 2004-38 Gettysburg Avenue Alignment between East Ashlan and East Shaw_Avenues APN: 311-330-32 Project Description: Rezone Application No. R-05-05 is a request to rezone approximately 7.28 acres of property from the M-3 ( Heavy Industriao zone district to the M-1 (Light Manufacturing) zone district. Vesting Tentative Parcel Map No. 2004-38 proposes to subdivide the 7.28 acre site into an 11-lot industrial subdivision as well as establishing new public street alignments and widths within the boundaries of the map. The property is within the boundaries of the Bullard Community Plan Area and the 2025 Fresno General Plan. These land use plans designate the property for light industrial planned land uses. Pursuant to Table 2, "Planned Land Use and Zone District Consistency Matrix" of the 2025 Fresno General Plan, the proposed M-1 zone district is consistent with the planned land use designation of light industrial. Rezone Application No.R-05-05 will bring the subject property into conformance with the Bullard Community Plan and the 2025 Fresno General Plan. Pursuant to Government Code Section 66426 (California Subdivision Map Act), street alignments and widths for industrial subdivisions must be approved by the governing body prior to approval of the map. Therefore; the street alignment and widths are required to be approved by the Fresno City Council. Surrounding land uses include industrial uses to the north, south, east and west. Conformance to Master Environmental Impact Report (MEIR NO. 10130): As previously indicated, the recently adopted 2025 Fresno General Plan designates the subject parcel for light industrial planned land use. The requested rezone conforms to this light industrial land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency.Matrix" as well as the Bullard Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested rezone application and parcel map in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is currently vacant and surrounded by industrial uses. Thus, the proposed rezone and parcel map will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development, per the requested rezone and parcel map, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MSIR0130 Environmental Assessment No. R-0 i &TPM 2004-38 Page 2 February 24, 2005 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the heavy industrial land use designation specified for the subject_parcel. Based on this initial study, the project does not change the land use indicated for the subject parcels and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of. the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). y QZ ' 2 iibe aro Date Planning Manager, Ci of Fresno K:\Master Files-Parcel Maps\Parcel Maps 2004\TPM-2004-38&R-05-05 Westside of Brawley btw Shaw and Ashlan--PB\R-05-05,TPM 2004-38 MEIR Finding ofConformity.wpd Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-05-05 &TPM 2004-38 Mitigation Monitoring Checklist(MEIR No. 10130) for Environmental Assessment No. R-05-05 & TPM 2004-38 ENVIMENTAL ASSESSMENT (EA) COCKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-05-05 & TPM 2004-38 1_0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features - 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off site) 1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas 1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 . Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2 Site subject to flooding 3_0 WATER 1 . 12.3 Adverse change in course of flow of flood waters 1 3.1 Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents use 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of ground water 1 3.3 Wasteful use of ground water 13.0 AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 . 13.3 Removal of street trees or other valuable vegetation 4_0 PLANT LIFE 1 13.4 ,Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique, rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building, disruption of archaeological 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5.0 ANIMAL LIFE 1 5.1 Reduction in the numbers of any rare, unique or 15.0 ENERGY endangered species 1 15.1. .Use of substantial amounts of energy or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 6_0 HUMAN HEALTH 1 15.3 Wasteful use of energy 7.0 NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels "0" Insufficient Information Insufficient information is available to determine the potential 8_0 LIGHT AND GLARE environmental effects which may result from the proposed 1 8.1 Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9_0 LAND USE effect in this category, or any such effect is not substantial) 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable.magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area characteristics "2" Moderate Environmental.Effect The proposed project will have an adverse environmental 10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be o 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantial deficiencies on existing street system enough in itself to require the preparation of an Environmental 1 10.2 Cumulative increase in traffic on a major street for which Impact Report, and is mitigable through project changes and capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians 1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental Effect 1 10.5 Insufficient or poorly located parking The environmental effect identified in this category 1 10.6 Substantial increase in rail and/or air traffic substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. Allh CD .0.. �/ O U W X kai„fi '"R x V -y�`'.•`p} Ay+e Y. 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WHEREAS, Rezone Application No. R-05-05 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: M-1 (Light Manufacturing District) zone district EXISTING ZONING: M-3 (Heavy Industrial District) zone district APPLICANT: R.W. Greenwood Associates, Inc. on behalf of Paul DiTomaso LOCATION: West side of North Brawley Avenue just south of the West Gettysburg Avenue . alignment.between West Ashlan and West Shaw Avenues APN: 311-330-32 LEGAL DESCRIPTION: From M-3 to M-1: Parcel 2 of Parcel Map No. 3978, according to the map recorded in Book 27 Page 14 of Parcel Maps, Fresno County Records. Excepting therefrom that portion of said property lying below a depth of 500 feet measured vertically from the contour of the surface thereof. ALSO EXCEPTING the North 18 feet thereof. ALSO EXCEPTING THEREFROM the above exception the'South 3 feet of the East 28 feet thereof. WHEREAS,the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed 11-lot industrial subdivision; and, WHEREAS,the Bullard Community Plan Citizens Advisory Committee reviewed the application on March 28, 2005, and recommended approvals and, WHEREAS, the Fresno City Planning Commission on April 6, 2005, reviewed the subject rezone application in accordance with the policies of the Bullard Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the April 6, 2005, hearing,the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and,. WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that-the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-05 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. 10 130)dated February 24,2005, prepared for Environmental Assessment No. R-05-05/TPM No. 2004-38. Planning Commission Resolution No. 12193 Rezone Application No. R-05-05 April 6, 2005 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested M-1 (Light Manufacturing District) zone district be approved. The foregoing Resolution was adopted by. the. Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes DiBuduo, Kissler, Cherry, Vang (Vice Chair), Vasquez, Brand (Chair) Noes - None Not Voting - None Absent - None DATED: April 6, 2005 NIC Y INO, Secretary Fresno CI y Planning Commission Resolution No. 12193 Rezone Application No. R-05-05 Filed by R.W. Greenwood Associates, Inc. on behalf of Paul DiTomaso Action: Recommend Approval K:IMASTER FILES-20051REZONEIR-05-005 BRAWLEY&HIGHWAY 99-MR-05-05-PLANNING COMMISSINO RESOLUTION 12193boc f RESOLUTION NO. -- .- A RESOLUTION OF THE COUNCIL ON THE CITY OF FRESNO, CALIFORNIA, FOR THE APPROVAL OF THE STREET ALIGNMENT AND WIDTH OF A PROPOSED PUBLIC STREET WITHIN THE BOUNDARIES OF VESTING TENTATIVE PARCEL MAP NO. 2004738 WHEREAS, on December 23, 2004, a request was filed by R.W. Greenwood Associates, Inc., on behalf of Paul DiTomaso, for City Council approval of a new street alignment for a new local industrial street within the boundaries of Vesting Tentative Parcel Map No. 2004-38 for property located on the west side of North Brawley Avenue just south of the West Gettysburg Avenue Alignment between West Ashlan and West Shaw Avenues; and, WHEREAS, this request is to facilitate a new 64-foot local industrial street, which will provide improved access to the proposed industrial lots; and, WHEREAS, Section 66426 (c) of the Subdivision Map Act and the City of Fresno's Parcel Map Ordinance provide that a tentative or final map shall be required for all subdivisions creating five or more parcels except when the land consists of a parcel or parcels having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body (City Council) for street alignments and widths; and, WHEREAS, Environmental Assessment No. R-05-05/TPM No. 2004-38,.relating to the initial study of Rezone Application No. R-05-05 and Vesting Tentative Parcel Map No. 2004-38 was prepared in compliance with the California Environmental Quality Act (CEQA); and, WHEREAS, the environmental assessment/initial study conducted for the rezone and vesting tentative parcel map resulted in the filing of a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130). , NOW, THEREFORE, BE IT RESOLVED, the City Council finds that there is no evidence in the record that the project as proposed will result in a significant impact on the environment and hereby adopts the Finding of Conformity which was filed with the City Clerk on February 25, 2005; and, , 1 City Council Resolution • • Vesting Tentative Parcel Map No. 2004-38 June 7, 2005 Page 2 BE IT FURTHER RESOLVED, the Council of the City of Fresno, in accordance with Section 66426(c) of the Subdivision Map Act and the City of Fresno's Parcel Map Ordinance, hereby approves the street alignment and widths as proposed in Exhibit A dated, December 23, 2004, and to be developed with Vesting Tentative Parcel Map No. 2004-38. 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 resolution 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 Vesting Tentative Parcel Map No. 2004-38 Filed by R.W. Greenwood Associates, Inc. on behalf of Paul DiTomaso Assessor's Parcel No. 311-330-32 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 Recorders Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. 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-05-05 has been filed by Paul DiTomaso, property owner, with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,the Bullard Community Plan Citizens Advisory Committee considered this application at its meeting of March 28, 2005, and recommended approval; 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 6th day of April,2005,to consider Rezone Application No.R-05-05 and related Environmental Assessment No. R-05-05iTPM No.2004-38, ' 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 M-3 (Heavy Industrial District) zone district to the M-1 (Light Manufacturing District) zone district; and, Ordinance Amending Official Zone Map Rezone Application No. R-05-05 Page 2 WHEREAS, the Council of the City of Fresno, on the 7th day of June, 2005, received the recommendation of the Planning Commission. ` 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 24, 2005, prepared for Environmental Assessment No. R-05-05/TPM No.2004-38. Accordingly,Environmental Assessment No. R-05-05/TPM No. 2004-38 is hereby approved. SECTION 2. The Council finds the requested M-1 zone district is consistent with the existing light industrial planned land use designation of the 2025 Fresno General Plan and the Bullard Community 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 M-3 (Heavy Industrial District)zone district to the M-1 (Light Industrial District) zone district. From M-3 to M-1: Parcel 2 of Parcel Map No. 3978, according to the.map recorded in Book 27 Page 14 of Parcel Maps, Fresno County Records. Excepting therefrom that portion of said property lying below a depth of 500 feet measured vertically from the contour of the surface thereof. ALSO EXCEPTING the North 18 feet thereof. ALSO EXCEPTING THEREFROM the above exception the South 3 feet of the East 28 feet thereof. Ordinance Amending Official Zone Map Rezone Application No. R-05-05 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. 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-05-05 Filed by R.W. Greenwood Associates, Inc. on behalf of Paul DiTomaso Assessor's Parcel No. 311-330-32 KAMaster Files-2005\Rezone\R-05-005 Brawley&Highway 99—MR-05-05 City Council Ordinance Bill.doc