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HomeMy WebLinkAboutPM 2005-01 - Conditions of Approval - 4/4/2006 FILE COPY CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 4, 2005 TENTATIVE PARCEL MAP No. 2005-01 Northwest comer of East Magill Avenue and North Effie Street NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this 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 Tentative Parcel Map No.2005-01,dated March 1,2005,the subdivider may prepare a Final Parcel Map in accordance with the approved tentative map. Note that a final parcel map may not be filed until the appeal period has expired. Should an appeal be filed pursuant to Section 12-1207 of the FMC,the application will be scheduled to be heard before the City of Fresno Planning Commission. The appellant may withdraw their appeal pursuant to Section 12-1207.2 of the FMC. Concurrent with the filing of a final map and when the provisions of Section 66436 of the Subdivision Map Act apply, the subdivider is responsible to send, by certified mail, a sketch of the proposed final map, together with a copy of SMA Section 66436(a)(3XA), 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 Parcels B and C of Parcel Map No.2002-16, in the City of Fresno, County of Fresno,State of California,according to the map thereof recorded in Book 62, Page 69 of Parcel Maps, Records of said County. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Hoover Community Plan designate the parcel map for development with heavy commercial planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies heavy commercial planned land uses as consistent with the C-6 (Heavy Commercial District)zone district. Conditions of Approval Tentative Parcel Map No. 2005-01 April 4, 2005 Page 2 ZONING 3. Comply with provision of the State of California Government Code Sections 66410-66499.58 (the Subdivision Map Act) and the City of Fresno Municipal Code Chapter 12, Article 10 (Subdivision of Real Property). 4. Proposed parcels A, B, C,and D are consistent with the C-6(Heavy Commercial District)zone district. MODIFICATIONS TO PROEPRTY DEVELOPMENT STANDARDS 5. Proposed parcels must be consistent with the C-6(Heavy Commercial District)zone district for the parcel map site in terms of lot depth and area subject to approval of a special permit for a planned development project. All parcels must provide access to a public street rights-of-way under a planned development special permit. Site Plan Review Application No. S-01-099, which was approved on August 14, 2001, authorized the construction of one commercial building. Site Plan Review No.S-01-099 shall be revised to include the property lines as proposed pursuant to Tentative Parcel Map No. 2005-01, dated March 1, 2005 thereby authorizing the creation of the commercial planned development. Contact the Planning and Development Department(559-621-8277)for further information regarding the submittal of the revised site plan. Submit draft copies of Covenants,Conditions and Restrictions/Owners Association documents l� (CC&R's)for review and approval. Final,executed and notarized document are to be located with the parcel map. CC & R's shall conform with the provisions of Section 12-1026 of the Fresno Municipal Code and address ingress, egress, sewer and water service maintenance and access, fire protection, solid waste service, storm drainage, parking and landscaping as follows: i. Cross Access for ingress/egress ii. Cross Drainage as indicated per Fresno Metropolitan Flood Control District Memorandum dated March 10, 2005. iii. Covenant for Shared Parking iv. Covenant to maintain sewer, water and all other utilities V. Covenant for fire protection underground water supplies and Covenant to access buildings vi. Covenant to maintain all landscaping within the limits of this map vii. Covenant for shared solid waste facilities viii. Provide Covenant Agreement for access to land locked parcels ix. Provide Covenant Agreement for maintenance of fire suppression water system 8. The placement of a parcel line in close proximity to any existing and/or proposed structures requires that the structure be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. In the event the structures do not comply they must be modified so as to meet the requirement. Conditions of Approval Tentative Parcel Map No. 2005-01 April 4, 2005 Page 3 9. The proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to final map submittal. Contact the Planning and Development Department, Building and Safety Services Division at(559)621-8200. GENERAL CONDITIONS 10. 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. 11. 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. 12. 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. 13. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type, location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 14. 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. 15. 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. 16. 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. 17. 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." Conditions of Approval Tentative Parcel Map No. 2005-01 April 4, 2005 Page 4 18. 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. 19. 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. 20. 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). 21. 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. 22. 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 The Fresno Fire Department requires that covenants for the following: i. Covenant for fire protection underground water supplies and Covenant to access buildings STREETS AND RIGHTS-OF-WAY North Effie Street(Local Street): 24. 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. Conditions of Approval Tentative Parcel Map No. 2005-01 April 4, 2005 Page 5 r-, 25.; Construct an underground street lighting system in accordance with Public Works Department Standard E-2 within the limits of this map. Provide one streetlight on North Effie Street approximately 130 feet north of the East Magill Avenue property line per Public Works Standard E-9. 26. Identify all existing offsite improvements (ramps, curbs, gutter, sidewalk etc). 27. Comply with the Department of Public Works, Engineering Division memorandum dated March 21, 2005. Sanitary Sewer Service Q�8. Tentative Parcel Map No. 2005-01 is located within the Pinedale County Water District. _. Contact the Pinedale County Water District for service conditions and/or restrictions. Water Service (29./; Tentative Parcel Map No. 2005-01 is located within the Pinedale County Water District. Contact the Pinedale County Water District for service conditions and/or restrictions. FLOOD CONTROL AND DRAINAGE 30. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)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 March 8, 2005. FRESNO IRRIGATION DISTRICT 31. FID has indicated that they do not own, operate, or maintain any facilities located on the subject property. PACIFIC GAS AND ELETRIC COMPANY 32,.% Pacific Gas and Electric Company request that a Public Utility Easement (PUE) be L incorporated within all access easement(s)as shown on said Parcel Map. 33. Existing gas or electric facility relocations necessitated by new street improvements(which are required as conditions of a development's final acceptance by the City of Fresno)will be at the expense of the developer. Conditions of Approval Tentative Parcel Map No. 2005-01 April 4, 2005 Page 6 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 $0.00 SEWER CONNECTION CHARGES FEE RATE Sewer provided by Pinedale County Sewer District b. Wastewater Facilities Charge S.T.E.P. WATER CONNECTION CHARGES FEE RATE Water provided by Pinedale County Water District DEVELOPMENT IMPACT FEE FEE RATE c. Northeast Fresno Policing Area* $373/gross acre d. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE Non-UGM Notes: ♦ Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,Environmental Services Section(559-621- 5153). * Due at time of development * Deferrable through Fee Deferral Covenant. * Due at time of subdivision. nPacific Gas and .Electric Company archCorporate Real Estate 650"0"Street, Bag 23 South Valley Land Services Fresno,CA 93760.0001 Development Department /7 Engineering Services Division Land Division Section 2600 Fresno Street, Room 3043 MAR 0 9 200a Fresno, CA. 93721-3604 Attn: Mr. Paul Bernal Planning Division Development Department !`ITY r-);: FRESNO Dear Mr. Bernal, We have reviewed Tentative Parcel Map No. 2005-01. PG&E requests that a Public Utility Easement (PUE) be incorporated within all access easement(s) as shown on said Parcel Map. If PG&E has an existing pole line facility that serves the property and the existing pole gine crosses proposed property lines (and-is not covered by an exisfang easement), it Wth,6'- roperty owner's responsibility to provide PG&E with adequate -i�igfits=of-way. PG&E is available to assist the property owner in making the determination if an easement will be necessary. The property owner or their agent may contact the undersigned for assistance. PG&E has determine that our records show no gas or electric transmission lines in the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno) will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Parcel Map. If you have any questions, please contact me at 263-5167. Sincerely evyletten Land Agent File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager DEMCO INC. Planning & Development Department 304 PEACH AVE. City of Fresno CLOVIS, CA 93612 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2005-001 PRELIMINARY FEE(S) (See below) DRAINAG A N - DRAINAGE AREA it N $0.00 DATE 5 DRAINAGE AREA it - - TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee O indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. O Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that O 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. zoos-ooi 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial 00 activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control 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 O 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 j 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. 2005.001 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document City of C1ftCI�+\j--,\\I i, rnc�-=% NZ DATE: March 21, 2005 TO: Paul Bernal, Planner III Development Department, Planning Division, Current Planning THROUGH: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Robert Ebel, Senior Engineering Technicia Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2005-01 (North Effie: East of Blackstone between Magill and Herndon) PUBLIC IMPROVEMENT REQUIREMENTS The Public Works, Traffic Planning Section, has completed its review of Tentative Parcel Map 2003-34, which was submitted by R.W. Greenwood Associates, Inc. The following requirements are to be placed on this Tentative Parcel Map as a condition of approval by the Public Works Department: General Conditions: • All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. • Repair or replace all existing damaged and/or off-grade offsite concrete improvements in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. • Submittal of engineered construction plans to the Planning and Development Department for approval must be made prior to the final map. All required signing and striping shall be installed and paid for by the developer/owner. The signing and striping plans shall comply with the current Caltrans standards and be submitted as a part of the street improvement plans. • Additional offsite improvements will be required at the time of future site plan review. • Curb ramps are required at all corners within the limits of this parcel map. Manor Streets: NONE Local Streets: North Effie Street: 1. 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. 2. Construct an underground street lighting system in accordance with Public Works Standard E-2 within the limits of this map. Provide one street light on North Effie approximately 130' North of the East Magill property line per Public Works Standard E-9. 3. Identify all existing offsite improvements (ramps, curb, gutter, sidewalk, etc.) - 1 — CADocuments and Settings\RobertRE\My Documents\Parcel Maps 2005\PM 2005-01 Magill and Effie.doc /City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: April 4, 2005 TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARD, Planning Manager Planning Division FROM: PAUL BERNAL, Planner III`-6 Planning Division r SUBJECT: REQUIRED FINDINGS AND APPROVAL OF TENTATIVE PARCEL MAP NO. 2005-01, WHICH PROPOSES TO CREATE TWO PARCELS FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF EAST MAGILL AVENUE AND NORTH EFFIE STREET BACKGROUND Tentative Parcel Map No. 2005-01, accepted on March 1, 2005, proposes to create a four parcel commercial planned development for approximately 0.14 acres of property located on the northwest corner of East Magill Avenue and North Effie Street. The property is designated for heavy commercial planned land uses by the 2025 Fresno General Plan and the Hoover Community Plan and is zoned C-6 (Heavy Commercial District). Pursuant to Table 2(Planned Land Use and Zone District Consistency Matrix)of the 2025 Fresno General Plan the C-6 zone district is consistentwith the planned land use designation of heavy commercial. Site Plan Review Application No. S-01-099,which was approved by the Planning and Development Department Director on August 14,2001, proposed to develop the project site with a 15,190 square foot commercial building. The applicant, at that time, indicated the building was to be used for either retail or office uses. During the construction of the commercial building the property owner filed Tentative Parcel Map No. 2002-16 requesting to subdivide the subject property into a four-parcel map commercial planned development with one outlot. Tentative Parcel Map No. 2002-16 was proposed parcels that deviated from the property development standards of the C-6 zone district. The previous parcel map also proposed parcels that did not abut a public street and reduced the 150-foot minimum depth requirement of the C-6 zone district to a lot depth of 62-feet. Pursuant to Section 12-407.5 of the Fresno Municipal Code (FMC) the Director may modify property development standards of the underlying zone district subject to the filing of a single unified project, which is covered entirely by a site plan review(S-01-099). Tentative Parcel Map No. 2002-16 was approved by the Planning and Development Department Director on September 30,2002,subject to the applicant revising the site plan review application. The revisions included labeling the site plan as a"Planned Development"and depicting the property lines as proposed by Tentative Parcel Map No. 2002-16. Tentative Parcel Map No. 2005-01 April 4, 2005 Page 2 The property owner has since filed Tentative Parcel Map No.2005-01 proposing to subdivide two of the parcels created by Parcel Map No. 2002-16. The parcel map is proposing to subdivide Parcels B and C of Parcel Map No. 2002-16 into four parcels. The parcelization of Parcels B and C of Parcel Map No.2002-16 will require that the applicant revise Site Plan Review No.S-01-099,which includes the depiction of the proposed property lines and establishes new covenants,conditions and restrictions. These conditions, as well other responding agencies conditions have been incorporated into the Conditions of Approval dated March 23, 2005, for Tentative Parcel Map No. 2005-01. REQUIRED FINDINGS The initial study prepared for Environmental Assessment No. TPM 2005-01 considered potential environmental impacts associated with the tentative parcel map. Environmental Assessment No. TPM 2005-01, resulting in a Class 32 Categorical Exemption(Section 15323/Infill Development)was filed on April 4, 2005 with the City Clerk. Staff determined that a Class 32 Categorical Exemption was appropriate given that the proposed project is located within the C-6 (Heavy Commercial District) zone district, which is consistent with the general plan land use designation of heavy commercial;the project occurs within the city limits and is less than five acres,the site is serviced by all utilities, the approval of the project would not result in any significant effects on traffic, noise, air pollution or water quality and the site has no value for endangered, rare or threatened species. Staff has determined that no adverse environmental impacts would occur as a result of the proposed project and is, therefore, exempt from the provisions of CEQA under the Class 32 Category. STATE SUBDIVISION MAP ACT The Subdivision Map Act (California Government Code Section 66410 et. seq.) requires that a proposed parcel map not be approved unless the map,together with its design and improvement,is found to be consistent with the General Plan and any applicable specific plan(Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Finding Nos. 2-5, below, is made in the negative. 1. The proposed parcel map, together with its design and improvements is consistent with the City's 2025 General Plan and the Hoover Community Plan which designate the site for heavy commercial planned land uses which is consistent with the C-6 zone district as identified in Table 2 of the 2025 Fresno General Plan. 2. The site is physically suitable for the proposed type and density of development because of the flat terrain of the site and adequate access and drainage on and off the site. 3. The proposed parcel map design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish,wildlife or their habitat.The site is located in an area that is fully developed with commercial and residential uses. The area does not and would not provide value for wildlife. 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. Tentative Parcel Map No. 2005-01 April 4, 2005 Page 3 5. The proposed parcel map design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. Staff, based on its own analysis, has determined that the parcel map,subject to the recommended conditions of approval, otherwise complies with the design and property development standards of the Zoning Ordinance and local Parcel Map Ordinance and recommends the approval of the parcel map. DIRECTOR DETERMINATION 1. Based upon the above analysis,the Planning and Development Director finds that Tentative Parcel Map No. 2005-01 dated March 1, 2005, is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Director hereby grants approval of Tentative Parcel Map No. 2005-01 dated March 1,2005, subject to the conditions of approval dated April 4, 2005,and to become effective on April 2005. 6-4 Nick P. Yovino, Director Date City o1 IIIhflsllli��+l� \I/ rnC-ii PLANNING AND DEVELOPMENT DEPARTMENT 2600 resno treet *—Third Floor Nick P.Yovino Fresno, California 93721-3604 Director (559)621-8722 FAX (559) 498-1020 April 11, 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. 2005-01 DATED MARCH 1, 2005, PROPOSEING A FOUR LOT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF EAST MAGILL AVENUE AND NORTH EFFIE STREET. The City of Fresno Planning Division has completed its review of the subject parcel map dated March 1, 2005. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written to advise that the conditions of approval dated April 4, 2005, are as noted on the attached document. If you have any questions regarding the conditions notify me at 621-8073 no later than April 15, 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. A eal: The divider or any aggrieved person may file an appeal regarding the conditions of approval within fifteen (15) days from the date of approval. To protest the Director's decision regarding the conditions of approval, you must appeal by filing a written appeal with the Director of the Planning and Development Department. The appeal must include the appellant's interest in/or relationship to the subject property, the decision or action appealed, and specific reasons why the appellant believes the decision or action appealed from should not be upheld. Appeals must be submitted to the Director of the Planning and Development Department prior to 5 p.m. on April 26, 2005. EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2005-01 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 Nu. 2005-01 S April 11, 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, . PLANNI IG DIVISION aul Bernal Planner III Current Planning Enclosures: Vesting Tentative Parcel Map No. 2005-01 dated March 1, 2005 Conditions of Approval dated April 4, 2005 Letters from the Department of Public Works dated March 21, 2005, Metropolitan Flood Control District dated September 9, 2004, Pacific Gas and Electric Company dated March 7, 2005 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2005-01 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Demco, Inc. 304 North Peach Avenue Clovis, CA 93612 PROJECT LOCATION: Located on the northwest corner of East Magill Avenue and North Effie Street. PROJECT DESCRIPTION: Vesting Tentative Parcel Map Application No. 2005-01 is a request to subdivide 0.14 acres of property into a four parcel commercial planned development. The proposed subdivision is consistent with the land use and circulation elements of both the 2025 General Plan and the Hoover Community Plan. This project is exempt under Section 15332 (Class 32/Infill Development) of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15332 (Class 32/Infill Development) consist of projects characterized as in-fill development meeting the conditions described in this sections: (a)the project is consistent with the general plan designation and policies as well as the applicable zoning designation and regulations. (b)the proposed development occurs within the city limits on a project site of less then five acres surrounded by urban uses. (c)the project site has no value of habitat for endangered, rare, or threatened species. (d) approval of the project would not result in any significant effects relating to traffic, noise,air quality, or water quality. (e)the site can be adequately served by all utilities and public services. The 0.14 acre, parcel which is located within the city limits is surrounded by commercial and residential development and is planned and zoned for heavy commercial uses. Date: March 23, 2005 Prepared By: Pau al, Planner Submitted by: Gilbert J. Haro W Planning Manager City of Fresno Planning and Development Department W �= (559) 621-$277 C � O N f_? Street Name Review TPM-2005-01 3-10-05 Street Name Status Required Change East Magill Avenue Good North Effie Street Good OFFICHs Of RM4M. A,MR( �DI►. R� PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water March 4, 2005 rp MAR 0 7 2005 Mr. Paul Bernal planning Division City of Fresnopevelopment Department Planning and Development Dept. �.lTy Cep FR`VJ 2600 Fresno Street, 3rd Floor Fresno, CA 93721-3604 RE: VTPM No. 2005-01 Dear Mr. Bernal: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson(ddfresnoirrigation.com. T y, Bret Johnson Engineering Technician I Agencies\City\V TPM2005-01 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G BALLS, General Manager GARY SERRATO CrQer tufo a1118RC Escrow No, 61118RC �. Loan No. �III�I�IIiIM �ll�1� III RECORDED AT THE REQUEST OF Franc 4mty R=A r FIRST AMERICAN TITLE COMPANY villin C. Giles ow WHEN RECORDED MAIL TO: DOC— 2000-0114169 Aeet 5-First Amwlem Title Znswsnes Camp" DEMCA, INC. lli_+-may Y. 50 21, 2M M tnt 00 >K 11M." Tor 1111.00 "M $a." X. em or. MIC $I." olrr' q.M TIF 5337." Ttl pd $167." are-811100min J•e�rl-s MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER Tax S-432..6G W*Mfp=bd Gros PQ Cly d FRESNO SAME AS ABOVE QQ COmputso On tin=M duaW or VWW Ot prppsrpr o WWW: OR I I CDTW+od On Ve tonsrdsrat00n or varve ims Um at orwr rarim nrrairug at my of so. The Urrdsrs(pr" M.r»-M&14 SIO+re4ns d Dedermt or AWd detsrrifty (ax-Firm Nsrm GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, BLACKSTONE HERNDON PARTNERS, a general partnership hereby GRANT(S) to DEMCO, INC. , a California corporation tt+e teat property in the City of FRESNO County of FRESNO . State of Calfomia, desaibed as PARCEL E OF PARCEL MAP NO"27,IN THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 43, PAGES 30 AND 31 OF PARCEL MAPS, FRESNO COUNTY RECORDS. Dated September 13. 2000 ) STATE OF CAJFORNrA )as COUNTY OF FRESNO ) on ail bsiors rrr, C • R.L. Ewell, ident fP 7 ndY krw+rn to mw Or pr-area a ms on ft alis d sadsix�ay BY: rYNe ias. 06neral Partner enders)m to ro psrxo (s)wtross rears)bras autxerDed b the wttM kLloi MSM and ulrr+owasdpG to rte ttve hBshsraW sxsaitsd BIA1Bk1 pJMI r» two in n,sttie*ar auosonted ctpad*fask and MM by �rpn•!�� rmbwANUr sgrabra(s) an ors estrum nt trre povoks)a Me an1W Lv01D COUI�Y n P ,--f er whkm the psrson(s) exacurd /re hvftrrwfrL VATNESS my W4 std a OZ>�1f1.pN �ZL She Crhis eros for oeldsr noW W eaQ MAIL TAX STATEMENTS AS DIRECTED ABOVE 100211M) Description: Fresno,CA Document-Year.DocID 2000.994969 Page: 9 of 2 Order.• Cori R Comment: NOTARY CIAR?FTCATION PAGE I CSRTIFY UNnSR PSNALTY OF PRRJURY THAT TRZ "NOTARY BEAL" ON THE DOCUXRNT TO WaCH THIS STATHHHNT IB ATTACMM READS AS FOLLOWSs NAME OF NOTARY DATE COMMISSION EXPIRES Z I . �,Gt4 COMMISSION NUMBER -` c_.P 1�1 PLACE OF EXECUTION S" '' DATE �'( CFO' (Govt. Code, Sec. 27361.7) Cr Signature ( m Name I y) Description:Fresno,CA Document-Year DoclD 2000.114169 Page:2 of 2 _ .. Order. Cori R Comment.