HomeMy WebLinkAboutPM 2005-06 - Conditions of Approval - 4/4/2006 City of
rn—E SMIS' PLANNING AND DEVELOPMENT DEPARTMENT
2600 Fresno Street •Third Floor N1ck P. ovmo
Fresno, California 93721-3604 Director
(559) 621-8722 FAX(559) 498-1020
October 6, 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. 2005-06 DATED JUNE 7, 2005, PROPOSEING A SEVEN LOT
PLANNED DEVLEOPMENT PARCEL MAP FOR PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF EAST SHIELDS AND NORTH CEDAR
AVENUES. (APN: 445-093-03-04, 15, 22, 24-25)
The City of Fresno Planning Division has completed its review of the subject parcel.map dated
June 7, 2005. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written
to advise that the conditions of approval dated October 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 October
21, 2005, to request a review of the conditions. Otherwise, the stipulated conditions of approval
are in effect as of that date. No further notice will be sent.
Appeal: The divider or any aggrieved person may file an appeal regarding the conditions of
approval within fifteen (15) days from the date of approval.
To protest the Director's decision regarding the conditions of approval, you must appeal by filing
a written appeal with the Director of the Planning and Development Department. The appeal
must include the appellant's interest in/or relationship to the subject property, the decision or
action appealed, and specific reasons why the appellant believes the decision or action
appealed from should not be upheld.
Appeals must be submitted to the Director of the Planning and Development Department prior
to 5 p.m. on October 21, 2005.
EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2005-06 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.
R.W. Greenwood Associates Int.
Vesting Tentative Parcel Map No. 2005-06
October 6, 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,
ING DIVISION
Gw
Paul Bernal
Planner III
Current Planning
Enclosures: Vesting Tentative Parcel Map No. 2005-06 dated June 7, 2005
Conditions of Approval dated October 4, 2005, including letters from
the Department of Public Works dated June 16, 2005, Department of
Public Utilities dated June 20, 2005, Fresno Metropolitan Flood Control
District dated June 17, 2005 and Pacific Gas and Electric Company dated
June 13, 2005
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
OCTOBER 4,2005
TENTATIVE PARCEL MAP No. 2005-06
Southwest comer of East Shields and North Cedar Avenue
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.2005-06,dated June 07,2005,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 Cityof 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 Lot 228 of Tract No. 1450 Headliner Homes No.2,
according to the map thereof recorded in Volume 17 of Plats at Pages 44 and 45, Fresno
County Records.
Excepting therefrom that portion lying within Parcel Map No. 90-10, recorded in Book 53 of
Parcel Maps at Pages 80 and 81, Fresno County Records.
PLAN CONSISTENCY
2. The subject site is located within the jurisdiction of the McLane Community Plan, the Airport
Area Revitalization Redevelopment Plan and the 2025 Fresno General Plan. The McLane
Community Plan, the Airport Area Revitalization Redevelopment Plan and the 2025 Fresno
General Plan designate the parcel map for development with community commercial planned
land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies light
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 2
industrial planned land uses as consistent with the C-2(Community Shopping Center Districo
zone district. The subject site is zoned C-3 (Regional Shopping Center District) which is a
zone district that is not consistent with the planned land use designation of community
commercial. However, it has been determined that consistency, can be established by
rezoning the Property to the C-2 zone district or with the recordation of a covenant limiting
development and uses of the site in accordance with the C-2 development standards and
requirements.
3. Submit a fee in the amount of$250.00 and a copy of a current title report for the preparation of
the covenant as mentioned above.
ZONING
4. Comply with provision of the State of Califomia Govemment Code Sections 66410-66499.58
(the Subdivision Map Act) and the City of Fresno Municipal Code Chapter 12, Article 10
(Subdivision of Real Property).
5. The proposed parcels are consistent with the C-3 zone district property development
standards.
MODIFICATIONS TO PROEPRTY DEVELOPMENT STANDARDS
6. Proposed parcels must be consistent with the C-3 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 public street rights-of-way under a planned
development special permit.
7. Conditional Use Permit No. C-97-249 shall be revised to include the property lines as
proposed pursuant to Tentative Parcel Map No. 2005-06, dated June 07, 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.
8. Submit draft copies of Covenants,Conditions and Restrictions/Owners Association documents
(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
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
Conditions of Approval
Tentative Parcel Map No.2005-06
October 4, 2005
Page 3
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
9. 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.
10. 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
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 4
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
maybe 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).
22. 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.
23. 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.
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 5
SPECIFIC CONDITIONS
FIRE SERVICE
24. The Fresno Fire Department requires that covenants for the following:
L Covenant for fire protection,cross access and water supply for all parcels inclusive of
Tentative Parcel Map No. 2005-06.
STREETS AND RIGHTS-OF-WAY
East Shields Avenue (Arterial Street):
25. Concrete curb, gutter, sidewalk built to an eight-foot pattern, street lights and permanent
A.C. exist in accordance with Public Works Standards.
North Cedar Avenue (Arterial Street):
26. Concrete curb, gutter, sidewalk built to an eight-foot pattern, street lights and permanent
A.C. exist in accordance with Public Works Standards.
27. Comply with the Department of Public Works, Engineering Division memorandum dated
June 16, 2005.
Sanitary Sewer Service
28. Separate sewer house branches shall be provided for each lot created.
29. Public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications and policies.
Water Service
30. Separate water services with meter boxes shall be provided to each lot.
31. Public water facilities shall be constructed in accordance with Public Works Department
standards, specifications and policies.
PLANNING AND DEVELOPMENT DEPARTMENT
32. The following conditions shall be complied with prior to the recordation of Tentative Parcel
Map No. 2005-06:
L A 10-foot landscape screen of sequoia sempervirens (coast redwood) trees shall be
planed on 20400t centers will installed along the southern property lines and western
property lines of the project site. (Pursuant to Conditional Use Permit No. 4365).
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 6
ii. Provide a 10-foot landscape setback along North Cedar Avenue.
iii. Provide a 10-foot landscape setback along East Shields Avenue.
iv. Provide a minimum of 67 trees on site pursuant to the conditions of approval for
Conditional Use Permit No. C-91-32.
FLOOD CONTROL AND DRAINAGE
33. 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 August 3, 2005.
PLANNING AND DEVELOPMENT DEPARTMENT BUILDING AND SAFETY SERVICE DIVISION
34. Clarify if new property lines will go through buildings. Contact Matt Lopes at(559)621-8084
regarding California Building Code issues regarding placement of property lines adjacent to
buildings.
PACIFIC GAS AND ELECTRIC COMPANY (PG&E)
35. Comply with PG&E's letter dated June 13, 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 $0.00
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• N/A
Service Area:
e. Wastewater Facilities Charge. S.T.E.P.♦
f. Fowler Trunk Sewer Interim Fee Surety* N/A
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 7
g. House Branch Sewer Chargee N/A
h. Millbrook Overlay Sewer* N/A
WATER CONNECTION CHARGES FEE RATE
i. 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.
j. Frontage Charge* $6.50/lineal foot
k. Transmission Grid Main Charge* $643/gross acre
(parcels 5 gross acres or more)
I. Transmission Grid Main Bond Debt* $243/gross acre
Service Charge (parcels 5 gross acres or more)
m. UGM Water Supply Feev N/A
Service Area:
n. Well Head Treatment Feev N/A
Service Area:
o. Recharge Feev N/A
Service Area:
p. 1994 Bond Debt Service* N/A
Service Area:
DEVELOPMENT IMPACT FEE FEE RATE
q. Northeast Fresno Policing Area. N/A
r. Traffic Signal Charge* $1.78/sq.ft t
URBAN GROWTH MANAGEMENT FEE RATE
s. UGM Fire Station Capital Fee* N/A
Service Area:
t. UGM Park Fee* N/A
Service Area:
Conditions of Approval
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 8
u. Major Street Charge* N/A
Service Area:
v. Major Street Bridge Charge* N/A
Service Area:
w. UGM Grade Separation Fee* N/A
x. UGM Trunk Sewer Charge* N/A
Service Area:
y. Street Acquisition/Construction Charger N/A
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).
4.Due at time of development
�► Deferrable through Fee Deferral Covenant.
V Due at time of subdivision.
t Building areas to be calculated to the nearest square foot. Subject to review and conditions of approval from Transportation Planning
through the entitlement review process based on Average Daily Trips of the proposed project.
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Planning and Development Department
2600 Fresno Street-Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559)498-1012
October 14, 2005 Please reply to:
Paul Bemal
(559) 621-8073
R.W. Greenwood Associates Inc.
Attn: Matthew Greenwood
375 Woodworth Avenue, Suite 103
Clovis, CA 93612
Dear Applicant:
SUBJECT: APPEAL PERIOD FOR TENTATIVE PARCEL MAP NO. 2005-06
(APN: 445-093-03-04, 15, 22, 24-25)
Staff has received your letter dated October 7, 2005, requesting an extension of the appeal period
date for Tentative Parcel Map No. 2005-06. The Planning and Development Department Director
can not extend the appeal period date as requested. According to Article 9,Section 12-1207 of the
Fresno Municipal Code an appeal must be received within 15 days after the Director's action. If an
appeal is not received,the stipulated conditions of approval are in effect as of that date. The appeal
period for Tentative Parcel Map No. 2005-06 expires on October 21, 2005.
Should you have any questions regarding this letter, please contact me at(559)621-8073 or via e-
mail at Paul.Bemal@fresno.gov.
Sincerely,
PLANNING DIVISION
Paul Bernal
Planner III
K.Waster Files-Parcel Maps%Panxl Maps 20051TPM 2905-06 Southwest comer of E shields 5 N Coder Ave—PS EAensioin Letter.dor
R. W. GREENWOOD ASSOCIATES, INC.
CIVIL ENGINEERING • LAND SURVEYING PLANNING
2558 EAST OLIVE AVENUE FRESNO, CALIFORNIA 93701-1217
PHONE(559)268-7831 • FAX(559)268-3120 EMAIL: rwgassoc@pacbell.net
MARK W.GREENWOOD,C.E.47332,L.S.6945 MEMBER
C.P.A.37451
MATTHEW G.GREENWOOD AMERICAN SOCIETY
CARL RICHARD ANDERSON,L.S.4853 CIVIL ENGINEERS.....
RONALD W.GREENWOOD.C.E.12406 CALIFORNIA BUILDING
INDUSTRIES ASSOCIATION
If DD
October 7, 2005 0 C T 1 0 2005
PlannT nc Divi'soon
MEMO �''83v
TO: PAUL BERNAL, CITY OF FRESNO
FROM: RONALD W. GREENWOOD
CC: JOHN HANS,FORTUNE REALTY
SUBJECT: VESTING P.M.2005-06
CONDITION OF APPROVAL dated: 10/06/05
The purpose of this memo is to request an appeal date for the subject land division be changed
.from 10/21/05 to 11/10/05.
I will be on vacation from October 8,to October 24,and then I will need to meet with my client
before responding to the Conditions of Approval.
Very truly yours,
R.W.,diEENWOOD AS OCIATES,INC.
i
Ronald W. Gree
RWGAlk
DF-04230.memo.coa
City of
PLANNING AND DEVELOPMENT DEPARTMENT
DATE: OCTOBER 4, 2005
TO: NICK P. YOVINO, Director
Planning and Development DepartmNr THROUGH: GILBERT J. HARO, Planning ManagPlanning Division
FROM: PAUL BERNAL, Planner III
Planning Division
SUBJECT: REQUIRED FINDINGS AND APPROVAL OF TENTATIVE PARCEL MAP NO.
2005-06, WHICH PROPOSES TO CREATE SEVEN PARCELS FOR A
COMMERCIAL PLANNED DEVELOPMENT FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF EAST SHIELDS AND NORTH CEDAR AVENUES
BACKGROUND
Tentative Parcel Map No. 2005-06 filed by R.W. Greenwood Associates Inc., on behalf of Morca
Investments Company, and accepted for processing on June 7,2005, proposes to create a parcel
map for a commercial planned development on approximately 6.95 acres of property located on the
southwest corner of East Shields and North Cedar Avenues. The map has been filed to correct the
Notice of Violation recorded on November 15, 1991. The violation pertains to the illegal creation of
seven parcels.
The subject property is within the jurisdiction of the McLane Community Plan and the 2025 Fresno
General Plan which designate the property for community commercial planned land uses. The site
is zoned C-3 (Regional Shopping Center District) which pursuant to Table 2 (Planned Land Use
Consistency and Zoning Matrix)of the 2025 Fresno General Plan is not consistent with the planned
land use designation of community commercial. Furthermore, pursuant to Governmental Code
§66410 (State Subdivision Map Act)in order to approve a parcel map,the zoning of the subject site
must be consistent with the adopted General Plan and/or community plan. However, according to
Section 12-607-A-1 of the Fresno Municipal Code (FMC), zoning that was established prior to the
adoption of Article 6 (Local Planning and Procedures [adopted June 6, 1987]) must not be
consistent with the planned land use designation. The project site was zoned C-3 prior to the
adoption of the Article. Alternatively, staff has conditioned the map requiring a covenant restricting
land uses to those permitted by right or by conditional use permit in the C-2 zone district.
Furthermore,the tentative parcel map is proposing to create parcels that do not comply with Article
10(Subdivision of Real Property)of the FMC which requires side property lines of any lot be at right
angles to the street which the lot faces, and proposing parcels that do not abut a public street or
right-of-way. Pursuant to Section 12-407.5 of the (FMC) the Director of Planning 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 or conditional use permit. Conditional Use
Permit No. C-91-32, the last entitlement filed for the project site must be revised depicting the
property lines as proposed pursuant to Tentative Parcel Map No.2005-06. In addition,the site has
had numerous code violations and has failed to comply with conditions placed upon the subject
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 2
property with the previous approved entitlement. These conditions, as well other responding
agencies conditions have been incorporated into the Conditions of Approval dated October 4,2005
for Tentative Parcel Map No. 2005-06.
REQUIRED FINDINGS
The initial study prepared for Environmental Assessment No.TPM No.2005-06 considered potential
environmental impacts associated with the 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 May 26, 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 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 existing zoning of the site does not conform to the"Planned Land Use and Zone District
Consistency Matrix"(Table 2 of the 2025 Fresno General Plan). Pursuant to the matrix,the
community commercial planned land use is consistent with the C-2 zone district not the
existing C-3 zone district. However, it has been determined that consistency can be
established with the recordation of a covenant limiting development and uses of the
site in accordance with the C-2 zone district standards and requirements.
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 Master Plan
Inlets.
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 and has been urbanized for approximately 40 years. As a
result of the urban nature of the site and the immediate vicinity,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.
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.
Tentative Parcel Map No. 2005-06
October 4, 2005
Page 3
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. 2005-06 dated June 7, 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.
2005-06 dated June 7, 2005, subject to the conditions of approval dated October 4, 2005,
and to become effective on October , 2005.
/0-6 -c'S
Nick P. Yovino, Director Date
KAMaster Files-Parcel Maps\Parcel Maps 2005\TPM 2005.06 Southwest comer of E Shields&N Cedar Ave—PB\Director Memorandum 10.04-05
TPM-2005-06.doc
City of
ffes ".
DATE: June 16, 2006
TO. Paul Bernal, Planner III
Development Department, Planning Division,Current Planning
THROUGH: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
FROM: Gregory A. Jenness, Senior Engineering Technician
Public Works Department, Engineering Division
SUBJECT: Tentative Parcel M-ap 2005-06,South west comer of East Shields Avenue and North
Cedar Avenue
PUBLIC IMPROVEMENT REQUIREMENTS
The Public Works, Traffic Planning Section, has completed its review of Tentative Parcel Map 2-305-06,
which was.submitted by R_ W Greenwood Associates,Inc,for tlttotca Invzstinenf Company,the property
owner. 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 resetby 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.
• 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.
Underground all existing offsite overhead utilities with the limits of this map in accordance with
Fresno Municipal Code Section 12-1011 and Resolution-Pio. 70-522/88-229. (Under 10 Acres)
Nlaior Streets:
East Shields Avenue: Arterial
1. Concrete curb, gutter, sidewalk, (built to an 8'pattern) street lights and permanent A. C_ exist, in
.accordance with Public Works Standards exist.
North Cedar Avenge: Arterial
1. Concrete curb, gutter, sidewalk,{guilt to an S'pattern) street tights and perrnanent A.C. exist,in
accordance with Public Works Standards exist.
iJG M
This Parcel Map is not within a U.G.M. Major Street Zone.
- 1 —
i•1Traffin Planninn Cw-}innlParrol fkA;%xlTPntPhA'XMS.1R P ghipirk R N f.Priar rine
City of
PUBLIC UTILITIES DEPARTMENT
Date: June 20, 2005
To: PAUL BERNAL,Planner III
Planning and Development Department, Current Planning
From: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE PARCEL
MAP NO. 2005-06
General
The subject site is located on the southwest corner of East Shields and North Cedar Avenues.
Sanitary sewer service
A 15-inch sanitary sewer main in East Shields Avenue and an 8-inch sanitary sewer main is located
in North Cedar Avenue to serve the proposed project. The following conditions are required to
provide sanitary sewer service to the tract.
1. Separate sewer house branches shall be provided for each lot created.
2. Public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
Water service
A 12-inch water main is located in North Cedar Avenue and a 12-inch water is located in East
Shields Avenue to serve the proposed project.The following conditions are required to provide
water service to the tract.
1. Separate water services with meter boxes shall be provided to each lot created.
2. Public water facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
File No.210.411
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER Mi
Mr. Gil Haro, Planning Manager MORCA INVESTMENT CO.
Planning & Development Department 4470 N. EFFIE AVE.
City of Fresno FRESNO, CA 93726
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 2005-006 PRELIMINARY FEE(S) (See below)
DRAINAGE A(S) it JJ it DRAINAGE AREA " JJ $0.00
DATE &4V7 10e7 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.
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.
2005.006 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. X a. Drainage from the site shall be dir-eeted to remain as existing.
b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
Grading Plan Storm Drain Plan Final Map
Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
X Appears to be located within a X 500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy
Does not appear to be located within a flood prone area.
2005-006 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 Mi
of construction projects disturbing one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control 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. ■
0
b. State General Permit for Storm Water Discharges Associated with Industrial Activities, o
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking; o
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
2005-006 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office)to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. LakemanProject Engineer: c n
District Engineer
C: R.W. GREENWOOD ASSOCIATES, INC
2558 E. OLIVE AVE.
FRESNO, CA 93701
2005-006 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
The following paragraphs only apply towards development of the individual parcels and are not
conditions for the recording of the map.
In an effort to improve storm water runoff quality, outdoor storage areas shall be
constructed and maintained such that material which generates contaminants will not
be conveyed by runoff into the storm drain system.
The District encourages, but does not require that roof drains from non-residential
development be constructed such that they are directed onto and through a
landscaped grassy swale area to filter out pollutants from roof runoff.
Runoff from areas where industrial activities, product, or merchandise come into
contact with and may contaminate storm water must be directed through landscaped
areas or otherwise treated before discharging it off-site or into a storm drain. Roofs
covering such areas are recommended. Cleaning of such areas by sweeping instead
of washing is to be required unless such wash water can be directed to the sanitary
sewer system. Storm drains receiving untreated runoff from such areas that directly
connect to the District's system will not be permitted. Loading docks, depressed
areas, and areas servicing or fueling vehicles are specifically subject to these
requirements. The District's policy governing said industrial site NPDES program
requirements are attached.
Development No. TPM 2005-006
engrlpermidexhibit2\city-tpm\2200512005-006(rl)
FLOOD PLAIN POLICY
Primary Flood Plains
Because of the relatively high velocities and volumes of flood flow associated with primary flood
plains, and because the primary flood plain is responsible for passing the greatest percentage of the
flood event,development located in such flood plains is subject to substantial risk,both to itself and
to others as a result of the potential for blockage and diversion of flood waters. In view of these
factors, the following policy statement is proposed:
Policy 1) All proposed development activity shall be the subject of a detailed
hydrological flood hazard investigation to determine the relationship of the
proposed development to the secondary flood plain and the primary flood
plain; and,further,to identify the estimated high water elevation of the 100-
year flood event.
2) All development and/or permanent improvement activity which, if located
within the primary floodway, may unduly impede, retard, or change the
direction of flow of water either,by itself, or by the catching or collecting of
other debris or is placed where the flow of water would carry such
obstruction downstream to the damage or detriment of either life or property,
should not be permitted.
Secondary Flood Plains
Because development within secondary flood plains is subject to inundation,but without the threat of
increased velocities of flood waters, and because the excessive development of the secondary flood
plain can result in increased water surface elevations through displacement of flood waters, the
following policy statement is suggested:
Policy 1) Development in secondary flood plains is generally acceptable when a
detailed hydrological flood hazard investigation report had been prepared
indicating that the area proposed for development is located within a
secondary as opposed to a primary flood plain.
2) The development must be properly flood proofed below the estimated high
water elevation of the 100-year flood event.
3) The development is accomplished in such a way as to prohibit the
displacement of any and all flood waters from that portion of the flood plain
to be developed.
engr\engrform\floodplain policy-form
F1Pacific Gas and
Electric Company
Corporate Real Estate 650"0"Street,Bag 23
South Valley Land Services Fresno, CA 93760-0001
June 13, 2005
Development Department
Engineering Services Division
Land Division Section
2600 Fresno Street, Room 3043
Fresno, CA. 93721-3604
Attn: Mr. Paul Bernal
Dear Mr. Paul Bernal,
We have reviewed Tentative Parcel Map No. 2005-06.
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
line crosses proposed property lines (and is not covered by an existing easement), it
is the property owner's responsibility to provide PG&E with adequate rights-of-way.
PG&E is available to assist the property owner in making the determination if an
easement will be necessary. The property owner or their agent may contact the
undersigned for assistance.
PG&E has 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.
YSincely
Kyle Patten
Land Agent
STATE OF CALIFORNIA—BUSINESS.TRANSPORTATI,. AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Governar
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE e
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666E fir'';Fi_;1-1�\r�L�J D Flex yourpower!
FAX (559)488-4088 `���_ L� Be energy efficient!
TTY (559)488-4066
June 30, 2005 J U L O 1 2005
2131-IGR/CE A
6-FRE-168-2.0+/-
C! T-2005-06
Mr. Paul Bernal
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Bernal:
We have completed our review of the tract map for the parcel located on the southwest corner of
East Shields and North Cedar Avenues. Caltrans has the following comments:
It appears that this map has been submitted to correct a violation and that the parcels that will result
from the tract map are already developed. We therefore do not anticipate impacts to the State
Highway System. If our assumptions are incorrect,please notify us. We may then have comments
on this project's impacts.
Caltrans requests the opportunity to.review any subsequent development on this:site.
We request that this letter be made a part of the permanent record for this project and that copies of
our letters be included in the staff reports for the Planning Commission and the City Council. 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,
MOSES STITES
Office of Transportation Planning
District 6
C: Ms.Barbara Goodwin, Executive,Director,Council of Fresno,County Governments
"Caltrans improves mobility across California"
OFFICES OF
V.
GO
t 1
aw
PHONE(559)233-7161
FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725-2,�1�
Your Most Valuable Resource-Water
June 9, 2005
Mr. Paul Bernal
City of Fresno
Planning and Development Dept.
2600 Fresno Street, 3rd Floor
Fresno, CA 93721-3604
RE: VTPM No. 2005-06, R-05-064
Dear Mr. Bernal:
FID's comments and requests are as follows:
1. FID does not own, operate or maintain any facilities located on the applicants 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(a,fresnoirrigation.com.
Sincerely,
Bret Johnson
Engineering Technician I
Agencies\City\VTPM2005-06 R-05-064
BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL
DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO
CO U�
County of Fresno
Department of Community Health
Edward L. Moreno, M.D., Interim Director
1856,�Q
ARE 5 �. E-1
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June 22, 2005 999999999
JUN 2q, 2005 L00010552
PE 2602
Paul Bernal
City of Fresno
Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Bernal:
PROJECT NUMBER: R-05-064/TPM 2005-06
PROJECT DESCRIPTION AND LOCATION: Request to rezone 6.95 acres located on
the southwest corner of East Shields and North Cedar Avenues from the C-3 zone
district to the C-2 zone district; Subdivide into 7 parcels for commercial purposes.
APN: 445-093-03, 04, 15, 20, 22, 24-25 Zoning: From C-3 To C-2
Comments/Concerns:
Since all of the tenants have not been identified for this application, the full range of C-2
uses must be considered. The potential adverse impacts could include (but are not
limited to) storage of hazardous materials and/or wastes, medical waste, solid waste,
water quality degradation, excessive noise, and odors.
Recommended Conditions of Approval:
• Should a retail food establishment be proposed, prior to issuance of building permits,
the tenant shall submit complete food facility plans and specifications to the Fresno
County Department of Community Health, Environmental Health Division, for review
and approval. Contact the Consumer Food Protection Program at (559) 445-3392
for more information.
• Prior to operation, future tenants may be required to apply for and obtain a license to
sell alcoholic beverages. Contact the California Alcoholic Beverage Control
Department at (559) 225-6334 for more information.
• The applicant, or any tenant leasing space, should be advised that construction and
operating permits may be required by the State of California, Department of Health
Services for wholesale food manufacturing. Contact the staff at the Division of Food
1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3357/FAX(559)445-3379
Equal Employment Opportunity•Affirmative Action•Disabled Employer
Paul Bernal
R-05-064/TPM 2005-06
June 22, 2005
Page 2
and Drug at (559) 445-5323 for more information.
• Certain uses allowed may utilize hazardous materials or create hazardous wastes.
If a tenant with such uses is proposed, then prior to occupancy the tenant shall
complete and submit either a Hazardous Materials Business Plan or a Business
Plan Exemption form to the Fresno County Department of Community Health,
Environmental Health Division. Contact the Certified Unified Program Agency at
(559) 445-3271 for more information.
• All hazardous waste shall be handled in accordance with requirements set forth in
the California Health and Safety Code, Chapter 6.5. This chapter discusses proper
labeling, storage and handling of hazardous wastes.
• Certain uses allowed may utilize underground storage tank systems. If a tenant with
such uses is proposed, then prior to the issuance of building permits the tenant shall
submit three (3) sets of complete plans and specifications regarding the installation
of any underground storage tanks to the Fresno County Department of Community
Health, Environmental Health Division. Contact the Certified Unified Program
Agency at (559) 445-3271 for more information.
• Prospective tenants may be required to obtain a Medical Waste Permit from the
California Department of Health Services, Medical Waste Management Program.
Contact Ron Pilorin at (916) 324-6999 for more information.
REVIEWED BY:
Kathleep Boyer, Environmental Health Specialist III
(559) 445-3357
kb
cc: Baruti/Casagrande/Tolzmann, Environmental Health Division
Vince Mendes, Environmental Health Division (CT 33)
Steven Rhodes, Environmental Health Division
R-05-064 Headliner Development
San Joaquin Valley
69A Air Pollution Control District
;IL
June 14, 2005 Reference No. C20050510
Jut1 15
Paul Bernal
Planning & Dev. Dept. -
r
2600 Fresno St., Third Floor
Fresno, CA 93721-3604
Subject: Rezone Application No. R-05-064 &Vesting Tentative Parcel Map No. 2005-06
Dear Mr. Bernal:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter
(PM10). This project will contribute to the overall decline in air quality due to increased traffic and
ongoingoperational emissions. This project may generate significant air emissions and it will reduce the
eir quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission
reductionsandair,quality standards. A.concerted effort should be made to reduce project-related
emissions as outlined below:
Preliminary analysis indicated that the potential emissions from this project exceed the District's
Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for
either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen
(NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a
Traffic Impact Study to determine impacts when projects are of this size, unless an analysis has been
accomplished for a recent previous approval such as a general plan amendment or zone change. Please
indicate to the District if the project has been analyzed and what the results were from any previous
study.' -
The District recommends using the URBEMIS 2002 Version 8.7 program to calculate project area and
Operational emissions and to identify mitigation measures that reduce impacts. URBEMIS can be
downloaded from www.urbemis.com or the South Coast Air Quality Management District's website at
htio://www.a(imd.gov/cepa/urbemis.html. If the analysis reveals that the emissions generated by this
project will exceed the District's thresholds, this project may significantly impact the ambient air quality if
not sufficiently mitigated, The project applicant or consultant is encouraged to consult with District staff
for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS
should be directed to Jennifer Barba or Hector Guerra at(559) 230-5800.
Based on the information provided, the proposed project will be subject to the following District rules. The
following items are rules that have been adopted by the District to reduce emissions throughout the San
Joaquin,Valley, and are required. Current District rules can be found at-
httg://www.valleyair.org/rules/1 ruleslist.htm.
Regulation VIII(Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules
designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including
construction, road construction, bulk materials storage, landfill operations, etc. If a non-residential
project is 5.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section
6.3.1 of Rule 8021. If a non-residential site is 1.0 to less than 5.0 acres, an owner/operator must
provide written notification to the District at least 48 hours prior to his/her intent to begin any
Mr.Bema! June 14, 2005
R-05-064& TPM No. 2005-06 Page 2
earthmoving activities ,(see section 6.4.2). A compliance assistance bulletin has been enclosed for
the applicant. A template of the District's Dust Control Plan is available at:
http://www.vallevair.org/busind/comply/PM1 0/form s/D C P-Form%20-%2010-14-2004.Qdf
Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or
other materials. In the event that the project or construction of the project creates a public nuisance,
it could be in violation and be subject to District enforcement action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings.
This rules specifies architectural coatings storage, clean up and labeling requirements.
Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If
asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This
rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt
for paving and maintenance operations.
Rule 4692-(Commercial Charbroiling) regulates chain-driven charbroilers to limit Volatile Organic
Compounds (VOC) and PM10 emissions. Items subject to this rule include (but are not limited to):
grill charbroilers, flamebroilers and direct-fired barbecues.
To determine if the project is subject to permit requirements or for further information, the applicant
should contact the District's Small Business Assistance Office at 230-5888, or our Permit Services
Section at 230-5900. To avoid unnecessary delays, applications should be submitted to the District as
soon as the project developer has determined the scope of the project.
The District encourages innovation in measures to reduce air quality impacts. There are a number of
features that could be incorporated into the design/operation of this project to provide additional
reductions of the overall level of emissions. (Note: Some of the measures may already exist as City
development standards. Any measure selected should be implemented to the fullest extent 'possible.)
The suggestions listed below should not be considered all-inclusive and remain options that land-use
authority should consider:
• Trees should be carefully selected and located to protect the buildings from energy consuming
environmental conditions, and to shade paved areas. Trees should be selected to shade paved
areas that will shade 50% of the area within 15 years. Structural soil should be used under paved.
areas to improve tree growth.
For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/
For Tree Selection see http://www.ufei.org/
For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu
http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf
• If transit service is available to the project site, improvements should be made to encourage its use.
If transit service is not currently available, but is planned for the area in the future, easements should
be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and
shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips
generated by the project. Direct pedestrian access to the main entrance of the project from existing
or potential public transit stops and provide appropriately designed sidewalks. Such access should
consist of paved walkways or ramps and should be physically separated from parking areas and
vehicle access routes.
• As many energy-conserving features as possible should be included in the project. Energy
conservation measures include both energy conservation through design and operational energy
conservation. Examples include (but are not limited to):
Mr. Bernal June 14,2005
R-05-064& TPM No. 2005-06 Page 3
- Increased energy efficiency (above California Title 24 Requirements)
See http://www.energy.ca.gov/title24/.
- Energy efficient widows (double pane and/or Low-E)
- Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at
http://www.acimd.gov/business/brochures/zerovoc.html
- High-albedo (reflecting) roofing material. See http://eetd.lbi.gov/coolroof/
- Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air
quality in the valley by heating ozone precursors. See
htti)://www.harc.edu/harc/Projects/CoolHouston/ , http://eande.lbl.gov/heatisland/
- Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmI
- Energy ,.efficient lighting, appliances, heating and cooling , systems. See
http://www.energystar.gov/
- Install solar water-heating system(s)
- Install photovoltaic cells
- Programmable thermostat(s)for all heating and cooling systems
- Awnings or other shading mechanism for windows
Porch, patio and walkway overhangs
- Ceiling fans
- Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels)
See http://www.eere.energy.gov/RE/solar passive.html
- Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom
windows etc. See http://www.adyancedbuildings.org
- Electrical outlets around the exterior of the units to encourage use of electric landscape
maintenance equipment
- Bicycle parking facilities in covered secure areas. Bike storage should be provided near the
entrances of the facilities. See http://www.vtpi.org/tdm/tdm85.htm
- Employee shower and locker areas for bicycle and pedestrian commuters
- On-site employee cafeterias or eating areas
- Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers,
leaf vacuums, electric trimmers and edgers, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site
More information can be found at: http://www.ciwmb.ca.gov/GreenBuilding/, http://www.lgc.org,
http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index.html
• The applicant/tenant(s) should implement measures to reduce the amount of vehicle traffic to and
from the project area that further reduce air pollution in the valley. This could include such provisions
as encouraging employees to rideshare or carpool to the project site, preferential parking spaces for
employees who participate in carpooling or vanpooling, incorporating a compressed workweek
schedule, or incentives for employees who use alternative transportation. Check out the "Spare the
Air"section of our website www.valleyair.org
• The project should include as many clean alternative energy features as possible to promote energy
self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy
equipment. More information can found at-
http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.goy/renewables/
• The applicant/tenant(s) should require that all diesel engines be shut off when not in use on the
premises to reduce emissions from idling.
• Construction activity mitigation measures include:
Limit traffic speeds on unpaved roads to 15 mph
Mr.Bernal June 14,2005
R-05-064& TPM No. 2005-06 Page 4
- Install sandbags or other erosion control measures to prevent silt runoff to public roadways from
sites with a slope greater than one percent
- Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site
- Install wind breaks at windward side(s) of construction areas
- Suspend excavation and grading activity when winds exceed 20 mph
- Limit area subject to excavation, grading, and other construction activity at any one time
- Use catalyst equipped diesel construction equipment.
- Minimize idling time (e.g. 10 minute maximum)
- Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use
- Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via
a portable generator set)
- Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways,
and "Spare the Air Days" declared by the District.
- Implement activity management(e.g. rescheduling activities to reduce short-term impacts)
- During the smog season (May through October), lengthen the construction period to minimize the
number of vehicles and equipment operating at the same time.
- Construction equipment should have engines that are Tier II (if available as certified by the Air
Resources Board). Engines built after 1998 are cleaner Tier II engines. Tier I and Tier II (2.5
gram) engines have a significantly less PM and NOx emissions compared to uncontrolled
engines. To find engines certified by the Air Resources Board, see
http://www.arb.ca.gov/msproci/offroad/cert/cert.php. This site lists engines by type, then
manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more
information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at
(559) 230-5831.
- Off road trucks should be equipped with on-road engines when possible.
- Light Duty Cars and Trucks should be alternative fueled or hybrids.
- Minimize obstruction of traffic on adjacent roadways.
• if TRU's (truck refrigeration units) will be utilized, provide an alternative energy source for the TRU to
allow diesel engines to be completely turned off.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at
(559) 230-5820 and provide the reference number at the top of this letter.
Sincerely,
Catherine Thao
Air Quality Student Intern
Central Region
i
Hector R. rra
Senior Air Quality Planner
Central Region
Enclosure
c:file
City of Xlz
PUBLIC WORKS DEPARTMENT:
DATE: July 18, 2005
TO: David Braun, Planner II
Development Department, Planning Division
THROUGH: Louise Monroe, Supervising Engineering Technician
Public Works Department, Engineering Division, Traffic Planning Section
FROM: Gregory A. Jenness, Senior Engineering Technician
Public Works Department, Engineering Division, Traffic Planning Section
REZONE APPLICATION No. R-05-064
OWNER (S): Headliner Development Company
APN (S): 445-093-03, 04, 15, 20, 22, 24& 25
FROM: C-3 TO: C-2
LOCATION: South west corner of North Cedar Avenue and East Shields Avenue
Comments/Concerns:
1. Trip Generation
a. Existing: 3900Vehicle Trips per Day (VTD)
b. Proposed: 2860 Vehicle Trips per Day (VTD)
AM Total Peak: 69Trips
PM Total Peak: 250 Trips
2. Highway Capacity
a. North Cedar Avenue: Arterial
1. Existing Lanes: 4 lanes divided 32,000 VTD
2. Year Counted: 2002 25,064 VTD
3. Projected Lanes: 4 lanes divided 32,000 VTD
b. East Shields Avenue: Arterial
1. Existing Lanes: 4 lanes divided 32,000 VTD
2. Year Counted: 2002 19,357 VTD
3. Projected Lanes: 4 lanes divided 32,000 VTD
3. Traffic Impact Study (TIS) required: Yes
If yes, the Developer/Owner should consult with the City of Fresno Traffic Engineering
Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed project
should be provided prior to consulting with the Traffic Engineering Section. The TIS shall
identify the mitigation measures, which would mitigate the project and/or other related
projects' significant impacts to a level of insignificance.
Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM)
shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic
Mitigation Measure B-4, b.
Page 1 of 1
Street Name Review
TPM-2005-06 6-29-05
Street Name Status Required Change
East Shields Avenue Good
East Cornell Avenue Good
North Tenth Street Good
North Eleventh Ave. Chane North Eleventh Street
North Cedar Avenue Good
i
City of
DEVELOPMENT DEPARTPMT
f
DATE: March 24, 1992
TO: ALVIN P. SOLIS, Director
Development Dep rtment
FROM: DAVID P. HER Development Manager
Development Nrvices Division
SUBJECT: CEDAR LANES SHOPPING CENTER, LOCATED AT THE
SOUTHWEST CORNER OF EAST SHIELDS AND NORTH CEDAR
AVENUES
It- has been brought to my attention that several code and variance
violations exist on the Cedar Lanes Shopping Center site. These
include:
1. Blocked emergency access behind Cedar Lanes . Police and Fire
require the use of a special "Best" brand lock which they can
open; the gates are presently locked with "Masterlock" and
heavy chains .
2 . Truck loading and unloading at hours not permitted in the CUP
for the meat processing business . The trucks load at the
southwest corner of the center, just across the fence from
residential.
3. Required landscaping, which was a condition of C-4365
authorizing a meat processing plant, does not exist. The
site plan specified 10 feet of continuous landscaping along
the west and south property lines, with trees to be planted
on 20 foot centers.
4 . The available parking is not in conformance with the variance
which allowed the center to be developed with the ratio of
2.34 square feet of parking per each square foot of floor
area. There have been numerous additions built since the
center conformed to the variance granting that ratio (Permit
No. 2317, granted by the City on September 22, 1959) . The
meat processing plant and bank have been developed, as well
as additions to the bowling alley complex (four new lanes, a
banquet hall, etc. ) .
5 . Violation of the Subdivision Map Act. The Notice of
Violation was recorded November 15, 1991.
City of
rn�c-moi %ij�`=
DEVELOPI4EHT DEPARTPEM
DATE: September 23, 1992
TO: LEE MCCOY, Zoning Enforcement Supervisor
Neighborhood Preservation Division
FROM: ALVIN P. SOLIS, Director
Development Department
SUBJECT: LANDSCAPE REQUIREMENT ALONG THE WEST AND SOUTH
PROPERTY LINES OF THE CEDAR LANES SHOPPING
CENTER LOCATED AT THE SOUTHWEST CORNER OF
CEDAR AND SHIELDS AVENUES
The absence of landscaping required by C-4365 for Pappy's Meat
Company surfaced with the Jack-In-The-Box hearing for 6-91-32 at
Planning Commission. Through the review process numerous
deficiencies also became apparent in regard to the parking
variance for the Cedar Lanes Center, V-92-07.
There has been an attempt made to improve the overall appearance
of the parking lot through the Special Permit Conditions of
Approval for both the above mentioned site plan and variance.
Failure to comply with the conditions was in fact grounds for
staff to recommend denial of Jack-In-The-Bos.
On appeal, Planning Commission determined not to penalize the
owner of the Thrifty parcel for non-conformance of neighboring
property but requested that staff bring the entire center into
compliance.
BJM:crm
SENT449/7770
G1ty or
DEVEIAPPHM DEPART
DATE: January. 11, 1993
TO: GERALD TODD, Manager
Neighborhood Preservation Division
FROM: ALVIN P. SOLIS, Director
Development Department
SUBJECT: LANDSCAPE REQUIREMENT ALONG THE WEST AND SOUTH
PROPERTY LINES OF THE CEDAR LANES SHOPPING
CENTER LOCATED AT THE SOUTHWEST CORNER OF CEDAR
AND SHIELDS AVENUES
The absence of landscaping required by C-4365 for Pappy's Meat
Company surfaced with the Jack-In-The-Boa hearing for 9-91-32 at
Planning Commission. Through the review process numerous
deficiencies also became apparent in regard to the parking
variance for the Cedar Lanes Center, V-92-07.
There has been an attempt made to improve the overall appearance
of the parking lot through the Special Permit Conditions of
Approval for both the above mentioned site plan and variance.
Failure to comply with the conditions was in fact grounds for
staff to recommend denial of Jack-In-The-Boa.
On appeal, Planning Commission determined not to penalize the
owner of the Thrifty parcel for non-conformance of neighboring
property but requested that staff bring the entire center into
compliance.
A covenant has been prepared for the owners of the Thrifty parcel,
stating that the required landscape along the southern property
line will be installed by March 18, 1994, two years from the
approval of the conditional use permit by the Planning Commission,
or with the construction of the project, whichever occurs first.
This landscaping shall be completed regardless of whether
Conditional Use Permit No. C-91-32 is pursued. (A copy is
attached. )
BJM:crm
SENT499/+8506
)1, a Keen
•r s
------ABOVE SPACE FOR RECORDER'S USE-------------------
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Conditional Use Permit Application No. C-91-32)
RECITALS
A. Daniel A. Seigel, President, and Kathleen Reid-Seidner, Vice
President and Assistant Secretary, of the Thrifty Corporation, a
California Corporation, hereinafter referred to as "the Covenantor,"
is the owner of that certain real property in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as
"the Subject Property" and more particularly described:
THAT PORTION OF LOT 288 OF TRACT NO. 1450, HEADLINER HOMES
NO. 2, AS PER MAP RECORDED IN VOLUME 17 PAGES 44 AND 45, OF
PLATS, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 288, THENCE ALONG
THE SOUTHERLY LINE OF SAID LOT NORTH 89' 22' 10" WEST, A
DISTANCE OF 100.00 FEET; THENCE NORTH 72" 28' 00" WEST, A
DISTANCE OF 45.27 FEET; THENCE NORTH 650 45' 20" WEST, A
DISTANCE OF 298.94 FEET; TO A POINT ON SAID SOUTHERLY LINE;
THENCE NORTH 24' 14' 40" EAST A DISTANCE OF 346.50 FEET TO A
POINT ON THE SOUTH LINE OF THAT PORTIgN,:OF SAID LOT 288 AS
GRANTED TO CEDAR LANES, A CORPORATION, BY DEED RECORDED
NOVEMBER 21, 1958, IN BOOK 4139 PAGE 115 OF OFFICIAL RECORDS;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 89. 57' 10"
EAST, A DISTANCE OF 278.45 FEET TO THE EAST LINE OF SAID
LOT 288; THENCE SOUTH 00" 37' 50" WEST ALONG SAID EAST LINE OF
SAID LOT 288 A DISTANCE OF 453 . 69 FEET, MORE OR LESS TO THE
POINT OF BEGINNING.
B. The Covenantor hereby warrants that any and all parties
having record title interest in the Subject Property which may ripen
into a fee have subordinated to this instrument.
1 '
Statement of Covenants
Affecting Land Development
C-91-32
Page 2
C. All such instruments of Subordination, if any, are attached
hereto and made a part of this instrument.
D. The Covenantor has applied to the City of Fresno for a
Conditional Use Permit to allow the development of a drive-through
restaurant in the C-3 district.
E. The City of Fresno desires to obtain covenants from the
Covenantor to insure that the Subject Property is not developed,
used, or maintained in such a way as to adversely affect adjoining
properties.
COVENANTS, CONDITIONS. AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor s
application for Conditional Use Permit for the Subject Property as
referred to hereinabove, the Covenantor hereby covenants that the
Subject Property shall be held, conveyed, encumbered, used,
occupied, developed, maintained, and improved subject to the
following covenants, conditions, and restrictions, which are for the
purpose of enhancing attractiveness, usefulness,, value, and
desirability of the Subject Property, the surrounding property, and
the public at large and to minimize possible adverse effects on the
public health, safety, peace, and general welfare. Each of the
covenants, conditions, and restrictions contained in this Statement
will run with the Subject Property and shall be binding on each
successive owner of the Subject property and his heirs,
administrators, successors, and assigns.
Statement of Covenants
Affecting Land Development
C-91-32
Page 3
1. Covenantor hereby covenants as follows:
A 10-foot wide landscape screen of sequoia sempervirens
(coast redwood) trees planted on 20-foot centers will be
installed along the south property line of the parcel by
March 18, 1994, two years from the approval of the
Conditional Use Permit by the Planning Commission, or with
the construction of the project, whichever occurs first.
This landscaping shall be completed regardless of whether
Conditional Use Permit No. C-91-32 is pursued.
2 . The conditions of this Statement are intended to benefit the
public and public properties. Accordingly, the City of Fresno shall
have the right to enforce this Statement by any legal or equitable
means against the Covenantor and such person or persons in actual
possession of Subject Property who directly or who through any agent
violate the terms hereof. All obligations of the Covenantor under
this Statement shall inure solely to the benefit of the City of
Fresno. There are no third party beneficiaries of such obligations
nor shall the right of the City of Fresno be transferable in any
manner to any person other than to a successor municipal corporation
whose geographic boundaries include the Subject Property.
3 . Covenantor covenants that, in the event of failure to comply
with the conditions set forth in this Statement, Covenantor will not
object to the forfeiture of a bond or Certificate of Deposit held by
the City of Fresno for the value of the landscaping.
4 . The foregoing conditions shall remain in full force and
effect until such time as the City of Fresno, pursuant to the
district amendment procedure of the Fresno Municipal Code, finds the
enforcement of such condition is no longer equitable.
f
Statement of Covenants
Affecting Land Development
C-91-3Z
Page 4
5. The provisions of this Statement shall be deemed independent
and severable and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision
hereof. Whenever the context so requires, any gender includes the
other genders, the singular includes the plural, and the plural
includes the singular.
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
THRIFTY CORPORATION, a
By California corporation
Alvin P. Solis, Director
Development Department
By:
ATTEST: Daniel A. Seigel, President
JACQUELINE L. RYLE
City Clerk
By:
Kathleen Reid-Seidner,
By Vice President and
Deputy Assistant Secretary
APPROVED AS TO FORM:
JAMES P. LOUGH
City Attorney
By (Attach Notary Acknowledgment)
BJM:jld
SENT499l+8489
GLI e19
City of
err■ � I�1�
DEVELOPMENT DEPARTMENT
DATE: June 10, 1992
TO: ALVIN P. SOLIS, Director
Development Department
FROM: GERALD S. TODD, Manager
Development/Neighborhood Preservatio D' isi
SUBJECT: 3129 NORTH CEDAR (CEDAR LANE SHOPPING CENTER)
LANDSCAPING
We have reviewed your request for service requiring the instal-
lation of landscaping at the Cedar Lane Shopping Center. The
landscaping required at the subject site is defined in C-4365, and
at this time, the Records Section is unable to locate that file.
Review of the file is essential in order to determine both the
location and the types of trees missing from the current
landscaping. Without the file, we cannot proceed with code
enforcement action.
After receiving your request for service, a neighbor adjacent to
the shopping center wrote to Lee McCoy and requested the land-
scaping installation, noise abatement of delivery trucks, and the
removal of debris. Our action on these complaints include:
1. Additional searches by staff for the recovery of the
C-4365 file.
2. Zoning Code Enforcement discussed the previous legal
case regarding this site with the City -Attorney's
office. Due to a change of ownership at the meat
market, the complaining party has been asked to provide
log data of off-hour deliveries, photos (if possible)
and sound recordings of the off-hour delivery noise.
3. Public Nuisance will enforce the removal of the used
.tires, trash and debris from the site.
920619LL.MEM
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OVERALL
LANDSCAPING SITE PLAN
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1129 H.CEMA AM FRESNO,CALIFORNIA
0 0
Conditions of Approval ,
C-91-32
Page 4
December 19, 1991
Revised May 22, 1992
6. Provide a 10-foot landscape setback along North Cedar Avenue.
7. Provide a 10-foot landscape setback along the south property
line. (Previously required under C-4365)
8. Owners of the remainder of the Center are required to provide
and maintain a 10-foot landscape setback along the south and
west property lines, pursuant to Conditional Use Permit
No. 4365.
9 . Provide a minimum of 67 medium sized trees on-site per the
following:
Provide one medium size tree for every two required parking
spaces . (This requirement may be modified by the director
the standards for shading and perimeter planting have been
met. )
Disperse trees over the parking lot area to provide 50 percent
shading of the parking area surface within 15 years. (This
requirement may be reduced to 40 percent for existing
development if it is demonstrated that the constraints of an
existing site would make it impossible to meet the normal
standards. ) Trees shall also be planted in the required
landscaped area along the periphery of the development in
order to shade and enhance adjacent property and public
rights-of-way. Refer to the attached "Performance Standards
for Parking Lot Shading," for the tree list and further
details.
NOTE: One medium sized tree is defined as attaining a
height of 30 - 60 feet at maturity. Two small
trees, up to thirty feet high at maturity may be
substituted for one medium sized tree.
Phase II requirements shall become effective with any maior
modificat�= as described in Section 12-306-1-24-27, on the
remaining parcels of the shopping center, or any change of
occupancy.
(APNS: 445-093-3, 4, 15, 20, 22, 24, and 25)
10. Median island landscaping: Provide median island landscaping
for the frontage of APNS: 445-093-3, 4, and 24 on North
Cedar Avenue.
11. Provide a 10-foot landscape setback along North Cedar Avenue
and East Shields Avenue.
i •
Conditions of Approval ,
C-91-32
Page 4
December 19, 1991
Revised May 22, 1992
6. Provide a 10-foot landscape setback along North Cedar Avenue.
7. Provide a 10-foot landscape setback along the south property
line. (Previously required under C-4365)
8. Owners of the remainder of the Center are required to provide
and maintain a 10-foot landscape setback along the south and
west property lines, pursuant to Conditional Use Permit
No. 4365.
9 . Provide a minimum of 67 medium sized trees on-site per the
following:
Provide one medium size tree for every two required parking
spaces. (This requirement may be modified by the director if
the standards for shading and perimeter planting have been
met. )
Disperse trees over the parking lot area to provide 50 percent
shading of the parking area surface within 15 years. (This
requirement may be reduced to 40 percent for existing
development if it is demonstrated that the constraints of an
existing site would make it impossible to meet the normal
standards. ) Trees shall also be planted in the required
landscaped area along the periphery of the development in
order to shade and enhance adjacent property and public
rights-of-way. Refer to the attached "Performance Standards
for Parking Lot Shading, " for the tree -list and further
details.
NOTE: One medium sized tree is defined as attaining a
height of 30 - 60 feet at maturity. Two small
trees, up to thirty feet high at maturity may be
substituted for one medium sized tree.
Phase II ents shall become effective with any major
modifications, as described in Section 12-306-1-24-27, on the
remaining parcels of the shopping center, or any change of
occupancy.
(APNS: 445-093-3, 4, 15, 20, 22, 24, and 25)
10. Median island landscaping: Provide median island landscaping
for the frontage of APNS: 445-093-3, 4, and 24 on North
Cedar Avenue.
11 . Provide a 10-foot landscape setback along North Cedar Avenue
and East Shields Avenue.
�
Conditions of Approval
C-91-32
Page 5
December 19, 1991
Revised May 22, 1992
12. Provide a minimum of 302 medium sized trees on-site per the
following:
Provide one medium size tree for every two required parking
spaces. (This requirement may be modified by the director it
the standards for shading and perimeter planting have been
met . )
NOTE: One medium sized tree is defined as attaining a
height of 30 - 60 feet at maturity. Two small
trees, up to thirty feet high at maturity may be
substituted for one medium sized tree.
Disperse trees over the parking lot area to provide 50
percent shading of the parking area surface within 15 years.
(This requirement may be reduced to 40 percent for existing
development if it is demonstrated that the constraints of an
existing site would make it impossible to meet the normal
standards. ) Trees shall also be planted in the required
landscaped area along the periphery of the development in
order to shade and enhance adjacent property and public
rights-of-way. Refer to the attached "Performance Standards
for Parking Lot Shading, " for the tree list and further
details.
13. Trees shall be maintained in good health. However, trees may
not be trimmed or pruned to reduce the natural height or
overall crown of the tree, except as necessary for the health
of the tree and public safety; or as may otherwise be
approved by the Development Department. (Put this note on
the site and landscape plans. )
14 . Submit six copies of landscaping and irrigation plans
prepared by a landscape professional, showing the number and
types of trees, to the Development Services Division. These
plans must be reviewed and approved prior to obtaining
building permits.
15 . Landscaping must be in place before issuance of the
certificate of occupancy. (Include this note on the site
plan and landscape plan. )
lb. Prior to final inspection, a written certification, signed by
a landscape professional approved by the Director, shall be
submitted stating that the required landscaping and
irrigation system was installed in accordance with the
landscaping and irrigation plans approved by the Development
Services Division, Development Department. (Include this
note on the site plan. ) A certification form is enclosed for
future use.
e e
Conditions of Approval
C-91-32
Page 6
December 19, 1991
Revised May 22, 1992
Off-Street marking
17. For the entire center, a minimum of thirty (30) bicycle
parking spaces are required per Section 12-306-I-2. 1-C of the
Fresno Municipal Code. Spaces shall be provided in
accordance with Section 12-306-I-5d of the Code (Depict the
spaces on your site plan, dispersing them throughout the
Center. )
18. For the entire center, a minimum of 270,932 square feet of
parking area is required per the following standards :
2.0 square feet of parking per each square foot of floor
area.
Variance Application No. V-92-07 reduced the required parking
for the Center from the code requirement of 3 square feet of
parking per square feet of floor area to 2 square feet of
parking per foot.
19 . For the entire center, Exhibit "AA" dated December 9, 1991,
shows approximately 274,000 square feet of parking area.
20. For the entire center, provide eight (8) handicapped parking
stalls in accordance with the State of California Building
Code. All handicapped parking stalls shall be of a width
providing at least 14 feet of usable space. Refer to the
"Development Requirements for Handicapped Accessibility" of
above-mentioned code.
21. All stalls shall be marked with the international symbol of
spaces and a warning that vehicles in violation of Section
10-1017 of the Municipal Code shall be towed away. The
international symbol and tow-away warning shall be posted
conspicuously on 7-foot poles. (Include this note on the
site plan. )
22 . All handicapped parking stalls shall be placed adjacent to
facility access ramps or in strategic areas where the
handicapped shall not have to wheel or walk behind parked
vehicles while traveling to or from handicapped parking stalls
and ramps. (Include this note on the site plan. )
23 . For the Jack-In-The-Box, a minimum of 19 parking spaces are
required per the following standards:
CITY OF FRESi —ENVIRONMENTAL ASSESSMENT , .NITIAL STUDY
FINDING OF CONFORMITY/MSIR NO. 10130
Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FOR FILING:
(California Environmental Quality Act) the project described below ie
5 MAY 26 PM 3: 56
determined to be within the scope of the Master Environmental Impact Report
(MSIR) No. 10130 prepared for the 2025 Fresno General Plan C11'Y CLERK. FRESNO CA
Initial study is on file in the Planning and Development Department, City Hall,
2600 Fresno Street, Fresno, California 93721
(559)621-8277
Applicant: Initial Study Prepared By:
Morca Investment Company Paul Bernal, Planner III
4470 North Effie Street May 26, 2005
Fresno, California 93726
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-05-641TPM No. 2005-06 Southwest corner of East Shields and North Cedar
Avenues.
(APN: 445-093-03-04, 15, 20, 22, 24-25)
Project Description:
Rezone Application No. R-05-64 pertains to approximately 6.95 acres of property located on the southwest
corner of East Shields and North Cedar Avenues, proposes to rezone the subject property from the C-3
(Regional Shopping Center District) zone district to the C-2 (Community Shopping Center District) zone
district. The property is within the jurisdiction of the McLane Community Plan and the 2025 Fresno General
Plan, which designate the subject site for community commercial planned land uses. Pursuant to Table 2
(Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the planned land
use designation of community commercial is consistent with the C-2 zone district. Vesting Tentative Parcel
Map No. 2005-06 is proposing to subdivide the subject site into seven parcels of land for commercial
purposes. The subject property is currently developed with a community shopping center and is surrounded
by commercial uses to the north and east and residential uses to the west and south.
Conformance to Master Environmental Impact Report (MEIR NO. 10130):
The recently adopted 2025 Fresno General Plan and the McLane Community Plan designate the subject site
for community commercial planned land uses. The requested C-2 (Community Shopping Center District)
zoning proposed for the subject property conforms to the community commercial planned land use
designation.
The Planning and Development Department staff has prepared an initial study and environmental checklist
and evaluated the proposed rezone application and tentative 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 developed with commercial uses at an intensity
and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the
rezoning 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 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).
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 community commercial planned land use
Finding of Conformity Under MEIR Nc... J130
Environmental Assessment No. R-05-64/TPM No. 2005-06
Page 2
May 26, 2005
designation specified for the subject parcel. Based on this initial study, the proposed project does not change
the land use indicated for the subject parcel 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 staffs finding in a manner prescribed by this section of the Guidelines and by
Section 21092 of the California Public Resources Code (CEQA provisions).
Gilbert J. Haro Date
Planning Manager, City of Fresno
Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-05-64/TPM No.
2005-06
Mitigation Monitoring Checklist(MEIR No. 10130)for Environmental Assessment No.
R-05-641TPM No. 2005-06
ENVIRONMENTAL ASSESSMENT(EA) CHP 'LIST
TENTIAL ENVIRONMENTAL EFFEC.
EA NO. R-05-64ITPM No. 2005-06
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 QUILITY 1 11.7 Availability of storm water drainage facilities(on or
1 2.1 Substantial indirect source of pollution off site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
1 12.1 Risk of explosion or release of hazardous
3_0 WATER substances
1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding
use 1 12.3 Adverse change in course of flow of flood waters
1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents
1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste
1 3.4 Pollution of surface or ground water supplies sites
1 3.5 Reduction in ground water recharge
13.0 AESTHETICS
4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view
1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions
endangered species 1 13.3 Removal of street trees or other valuable
1 4.2 Reduction in acreage of agricultural crop vegetation
1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area
agricultural land
14.0 HISTORICAL/ARCHAEOLOGICAL
5_0 ANIMAL LIFE 1 14.1 Removal of historic building,disruption of
1 5.1 Reduction in the numbers of any rare,unique or archaeological site
endangered species 1 14.2 Construction or activity incompatible with adjacent
1 5.2 Deterioration or displacement of valuable wildlife habitat historic site
6_0 HUMAN HEALTH 15.0 ENERGY
1 15.1 Use of substantial amounts of energy or fuel
7_0 NOISE 1 15.2 Substantial increase in demand upon existing
1 7.1 Increases in existing noise levels sources of energy
1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy
8.0 LIGHT AND GLARE EXPLANATION OF RATINGS
1 8.1 Production of glare which will adversely affect "0" Insufficient Information
residential areas
1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the
potential environmental effects which may result from the
9.0 LAND USE proposed project in this category.
1 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect
1 9.2 Acceleration of growth rate
The proposed project will not have an adverse
1 9.3 Induces unplanned growth
1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is
characteristics not substantially unusual or of undesirable magnitude.
This rating is also utilized in cases where the category is
10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity ••2" Moderate Environmental Effect
deficiencies on existing street system The proposed project will have an adverse environmental
1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to
capacity deficiencies are projected
1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not
pedestrians substantial enough in itself to require the preparation of an
1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through
project changes and conditions.
1 10.5 Insufficient or poorly located parking
1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect
The environmental effect identified in this category
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.
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