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PM 2006-32 - Conditions of Approval - 1/31/2007
city of �iiC�i♦��I/� Planning& Development Department 2600 Fresno Street •Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 November 7, 2006 Please reply to: Paul Bernal (559) 621-8073 Lars Andersen & Associates, Inc. 4630 West Jacquelyn Avenue, Suite 119 Fresno, California 93722 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2006-32 DATED SEPTEMBER 12,2006, PROPOSING A 14 LOT PARCEL MAP PLANNED DEVELOPMENT FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF NORTH MILBURN AND WEST HERNDON AVENUES. (APN: 507-020-07S, 64S, 65S &67S) The City of Fresno Planning Division has completed its review of the subject parcel map dated September 12, 2006. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is written to advise you that the Conditions of Approval dated October 2, 2006, are as noted on the attached document. Appeal: The divider or any aggrieved person may file an appeal regarding to conditions of approval within fifteen (15) days from the date of approval. To protest the Director's decision regarding the conditions of approval, you must appeal by filing a written appeal with the Director of the Planning & Development Department. Appeal must include the appellant's interest in/or relationship to the subject property,the decision or action appealed,and specific reasons why the appellant believes the decision or action appealed from should not be upheld. Appeals must be submitted to the Director of the Planning and Development Department prior to 5 p.m. on November 22, 2006. EXPIRATION: The approval or conditional approval of this tentative Parcel Map expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map may not be filed without first processing a new Tentative Parcel Map. Modification of a Tentative Parcel Map after approval or conditional approval does not extend the two year time limit. 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& Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for the requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of five years. Lars Andersen &Associates, Inc. Vesting Tentative Parcel Map No. 2006-32 November 7, 2006 Page 2 If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Rick Sommerville(engineering or improvements issues) or Paul Bernal (planning or zoning issues). Should you have any questions regarding the conditions you must notify either Rick Sommerville at (559) 621-8277 or Paul Bernal at(559)621-8073 by November 22,2006,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. Sincerely, PLANNING DIVISION Paul Bernal, Planner III Planning and Development Department Enclosures: Vesting Tentative Parcel Map No. 2006-32 dated September 12, 2006 Conditions of Approval dated October 2, 2006 C: WG Enterprises KAMaster Files-Parcel Maps\Parcel Maps 2006\TPM 2106-32—Lars Andersen--PB\Approval LetterlApproval Letter Engineer TPM-2006-32.doc WG 586 West Barstow Tel. (559) 449-1775 ENTERPRISES Fresno, CA 93704 FAX (559)432-5714 January 22, 2007 Mr.Nick Yovino,Director Development Department C 1 City of Fresno JI.J WD 2600 Fresno Street Fresno, CA 93721-3604 JAN 200 ATTN: Paul Bernal DEVELOPMENT DEPARTMENT SUBJECT: Withdrawl of Appeal OWN OF FRESNO of Condition of Approval#49 Of Vesting Tentative Parcel Map No.2006-32 Dear Mr. Yovino: WG Enterprises hereby withdraws the above-referenced appeal contained in my letter to you dated November 17, 2006. Our withdrawl of this appeal is based on the following: 1) After our appeal,the State of California Department of Transportation(Caltrans)issued a letter to the City of Fresno on December 5, 2006, superceding the agency's previous comment letter of September 22,2006,which was the source of the condition under appeal. In the December 5, 2006 letter,Caltrans acknowledges that the Traffic Impact Statement(TIS)referenced in its original letter does not apply to the subject vesting tentative map, and that the traffic impacts from the map property"should be far less than those identified for the commercial portion." 2) On December 12,2006,the City of Fresno Department of Public Works Traffic Engineering Division issued a determination that the property included within the subject vesting tentative map, zoned M-1,would generate less than 100 peak hour trips,and that a TIS would not be required. 3) Both Paul Bernal of the Planning and Development Department and Bryan Jones of the Department of Public Works have confirmed that, in light of the latest Caltrans letter superseding the earlier letter,the dollar amount cited in Condition of Approval#49 is no longer operative,and that an appropriate mitigation payment amount can now be determined through meetings between the applicant and Caltrans using the standard calculation methodology now in use. Sincerely, Steven Weil,Partner WG Enterprises CC: Rick Ginder WG 586 West Barstow Tel. (559)449-1775 ENTERPRISES Fresno, CA 93704 FAX (559)432-5714 November 17, 2006 Mr. Nick Yovino Director City of Fresno Development Department 2600 Fresno Street �'�f Fresno,CA 93721-3604 f 2006 SUBJECT: Appeal of Condition of Approval#49 Of Vesting Tentative Parcel Map No.2006-32 Dear Mr. Yovino: WG Enterprises hereby appeals Condition#49 (relating to the California Department of Transportation letter) of the Conditions of Approval for the above referenced Vesting Tentative Parcel Map, for which WG Enterprises is the property owner and applicant. The basis of our appeal is that the amount of mitigation payment stated by Caltrans in its September 22, 2006, letter to the City of Fresno ("Caltrans Letter")relating to this entitlement application exceeds, by a significant amount, the fair share of the development proposed within the scope of this map for the mitigation improvements identified by Caltrans. The amount stated in the Caltrans Letter includes impacts calculated for properties outside the boundaries of the map in question. Specifically,the Caltrans Letter makes reference to earlier correspondence with the City wherein Caltrans calculated the fair share payment for the entire project then known as"Herndon Place". Herndon Place as considered by Caltrans included the area within the boundary of the subject map PLUS the entirety of an adjoining C-2 zoned community shopping center (known as Herndon Place),plus an M-1 parcel of approximately 1.5 acres, with the community shopping center and referenced M-1 parcel both being outside the boundary of the subject map. Moreover, a Trak Impact Statement("TIS')prepared in connection with the earlier Herndon Place approvals,and which served as the basis of the Caltrans calculations, clearly identified that development within the area of the subject map,which is zoned M-1, generates a far smaller traffic volume per acre than the adjacent retail shopping center zoned C-2. Thus,the Caltrans calculations are significantly in error in relation to both the acreage and the traffic generation intensity of the development proposed within the boundaries of the subject map. WG Enterprises would agree to a mitigation payment for Caltrans impacts that is based on an accurate fair share calculation consistent with the TIS and with the parameters embodied in the MOU between the City of Fresno and Caltrans relating to such impacts. Sinc rely, cc. Rick Ginder,Ginder Development Mike Kira, City of Fresno Public Works Dept. Paul Bernal, City of Fresno Development Dept. Steven Weil General Partner g g g Q 5 14 14 1 14 �y s p5e$ Mpg g ��� "Ell ��° fill B ; � �g .l 1 1 ill fid Eli ;I Oil y�g �$ p p° pqv p°y pg p p€ ppv pgy� pgvs P°e �. N 9 4 nn p@a J J �C° C° Cv !;l ° @@ g e ° Eg >y o ® o o © o 0 0 o e I J �1 I ui %l �`9� q ,`sky wiw[aa •,aa \ ' _J.`� c CC...1ii11 � flb\V MI1fT IYY1M U.I I'�I j iio0,...�~ ,1 of W, 1 s�� e d .16 Ct) m �' 1 I I a ------------------ - --J..tt. Oa l� II � 71i ll�gxb o _ QZ ---------- _-_--- ZH ----- ,,yy 41In S — r rr ELI I LU y91i @ J � Z _ 1 W o / r ,• bl �•1 f t � /; O I I III'• � �,,.°, '� f! I CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL OCTOBER 2,2006 VESTING TENTATIVE PARCEL MAP NO. 2006-32 Southwest corner of West Figarden Drive and North Brawley 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 Vesting Tentative Parcel Map No. 2006-32 a Planned Development, dated September 12, 2006,the subdivider may prepare a Final Parcel Map in accordance with the approved tentative map. Note that a final parcel map may not be filed until the appeal period has expired. Should an appeal be filed pursuant to Section 12-1207 of the FMC,the application will be scheduled to be heard before the City of Fresno Planning Commission. The appellant may withdraw their appeal pursuant to Section 12-1207.2 of the FMC. Concurrent with the filing of a final map and when the provisions of Section 66436 of the Subdivision Map Act apply,the subdivider is responsible to send, by certified mail,a sketch of the proposed final map,together with a copy of SMA Section 66436(a)(3)(A),to any public entity or public utility which has previously acquired a right-of-way easement. LEGAL STATUS OF SITE TO BE SUBDIVIDED 1. The parcel map site was legally created as defined per the legal description on Vesting Tentative Parcel Map 2006-32 dated September 12, 2006. PLAN CONSISTENCY 2. The subject site is located within the jurisdiction of the Sierra Sky Park Airport Land Use Policy Plan, Bullard Community Plan and the 2025 Fresno General Plan. The Sierra Sky Park Airport Land Use Policy Plan defers designated planned land uses to the underlying community and general plans. However, the Sierra Sky Park Airport Land Use Policy Plan regulates uses and restricts the height of structures within its plan area. The Bullard Community Plan and the 2025 Fresno General Plan designate the subject site for development with light industrial planned land uses which is consistent with the M-1/EA/BA-20/UGM(Light Manufacturing/ExpresswayArea/Boulevard Area-15 FooVUrban Growth Management)zone district pursuant to Table 2(Planned Land Use and Zone District Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 2 Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. ZONING 3. Comply with provision of the State of California Government Code Sections §66410 - §66499.58 SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real Property). 4. Proposed Parcels"A"thru "N," inclusive, of Vesting Tentative Parcel Map No.2006-32 are consistent with the M-1/EA/BA-1 5/UGM zone district. STREET NAMES 5. The following street names shall be corrected on the parcel map: Street Name on Map Status Required Change North Cornelia Avenue Delete TRAIL REQUIREMENT 6. Pursuant to 2025 Fresno General Plan Exhibit 9 and Policies E-15-a and E-15-b in accordance with Policies 3.2.1 and 3.2.2 and 3.2.3 of the 1990 Master Multi-Purpose Trails Manual,within the limits of the parcel map,the developer/owner shall dedicate and construct appropriate improvements or provide appropriate security for a bicycle and pedestrian trail with accommodation of an appropriate width along the western side of North Milburn Avenue. MODIFICATIONS TO PROEPRTY DEVELOPMENT STANDARDS 7. Proposed parcels must be consistent with the M-1/EA/BA-15/UGM 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. All parcels must provide access to public street rights-of-way under a planned development special permit. 8. Conditional Use Permit Application No. C-03-213,which was approved by the Planning and Development Department Director, authorized the development of the subject site with 14 buildings. Conditional Use Permit Application No. C-03-213 shall be revised to include the property lines as proposed per Vesting Tentative Parcel Map No.2006-32,dated September 12, 2006, thereby authorizing the creation of the planned development. Contact the Planning and Development Department at(559)621-8277 for further information regarding the submittal of the revised site plan. Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 3 9. 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 FMC 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 vi. Covenant to maintain all landscaping within the limits of this map vii. Covenant for shared solid waste facilities viii. Provide Covenant Agreement for access to land locked parcels ix. Provide Covenant Agreement for maintenance of fire suppression water system 10. 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. 11. 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 12. 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. 13. 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. 14. 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 FMC, Resolution No. 78-522/88- 229, and the policies of the Public Works Department. Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 4 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. A minimum four foot wide clear path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code as determined by the City Engineer. An on-site pedestrian easement and construction of a path may be required if Title 24 provisions cannot be met within the public rights-of-way. All such public easements shall be identified and dedicated with the processing and recordation of the Final Parcel Map and/or at the time of Special Permit review for the proposed development of the parcel(s). Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 5 23. 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. 24. The subdivider may either construct the required off-site improvements,when required,prior to the approval of the final parcel map; or enter into an agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the approval of the final parcel map. SPECIFIC CONDITIONS FIRE SERVICE 25. The Fresno Fire Department requires that a covenant for cross access and for maintenance of fire suppression water system be recorded for this parcel map. 26. Any parcel that have no street frontage and are more than 450 feet from a public street shall have two points of access from adjunct parcels. STREETS AND RIGHTS-OF-WAY North Milburn Avenue: 27. Bike and Pedestrian Trail/Path: Dedicate a 10 foot (minimum) easement for Bike and Pedestrian purposes only, within the limits of Parcel "M" and "N" of the this map behind property line. (Additional right-of-way may be require for grading and drainage purposes.) This Department does not support the equestrian component of the trail due to health and safety issues. Construct a 12 foot wide concrete Bike and Pedestrian trail/path, complete with signing, striping and landscaping, per the 2025 Fresno General Plan, Multi-purpose Trails Plan Map and Public Works Standards P-59, P-60 and Exhibit"B." Identify route on the map and provide cross section seven days prior to the planning commission hearing. Submit engineered construction plans to Public Works. Submit signing and striping plan to Traffic Engineering for approval. Submit grading, landscape and irrigation plans to Engineering Services. An additional 12 foot dedication is required for the equestrian portion, if required, contact Planning and Development. West Herndon Avenue: 28. Dedicate 93 to 132 feet of property, measured from section line, for public street purposes within the limits of this map, per the"Grantland(Veterans)—Herndon"Official Plan Line No. 96-43. 29. Construct concrete curb and gutter, 72 feet from center line, in accordance with Public Works Standard P-5. Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 6 30. Construct 20 feet, of permanent asphalt concrete paving, from face of curb (for third eastbound lane), in accordance with Public Works Standard P-50. 31. Install expressway barrier fence the length of this map, per Public Works Standards P-74 and P-75. 32. Comply with Public Works, Engineering Division memorandum dated October 11, 2006. Sanitary Sewer Service 33. On-site sanitary sewer facilities shall be private. 34. Separate sewer house branches are required for each lot. 35. Abandon all existing on-site private sanitary septic tanks. 36. Permanent structures shall not be allowed within the existing utility easements. 37. Comply with the Department of Public Utilities, Planning and Engineering memorandum dated September 15, 2006. Sanitary Sewer Fees 38. The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge H. Oversize Sewer Charge III. Trunk Sewer Charge: Cornelia & Grantland IV. Wastewater Facilities Charge (Non-Residential) Water Service 39. Separate services with meter boxes shall be provided to each parcel. 40. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 41. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. FLOOD CONTROL AND DRAINAGE 42. 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 Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 7 are identified in the attached District's letter to the Planning and Development Department dated October 4, 2006. 43. There is an existing 25 foot wide storm drain easement along the southwest property line of TPM No.2006-32 as shown on the attached sketch. No encroachments into the easement shall be permitted including,but not limited to,foundations,roof overhangs,swimming pools and trees. 44. A portion of the proposed development is located in a natural low spot adjacent to the railroad creates the barrier for overland drainage to continue in a southwesterly direction. Therefore, the Developer's engineer must determine the potential high water elevation for the 100 year storm event and elevate structures at least one foot above the inundation elevation. 45. The proposed development has areas of improvement below the top of curb on the adjacent street. The Developer is required to provide a signed flood easement and release for the development to the District. PACIFIC GAS & ELECTRIC COMPANY (PG&E) 46. Comply with PG&E's letter dated September 20, 2006. 47. FID is currently working with the developer and the developer's engineer to replace the open section of canal with pipeline in a new alignment with an exclusive easement granted to FID per document recorded June 23,2006 as Document No.2006-0131278,Official Records of Fresno County. 48. FID requires its easements be shown on the final map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) 49. Comply with Caltrans letter dated September 22, 2006. 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 $3,633.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 8 c. Oversize Charge► $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Chargev S.T.E.P.♦ Service Area: Cornelia e. Wastewater Facilities Chargee S.T.E.P.♦ f. House Branch Sewer Chargee N/A WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charge► $6.50/lineal foot L Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond $243/gross acre Debt Service Charge► (parcels 5 gross acres or more) k. UGM Water Supply Feev $407/living unit equivalent* Service Area: 201 s I. Well Head Treatment Feev $0/living unit equivalent* Service Area: 201 m. Recharge Feev $0/living unit equivalent* Service Area: 201 n. 1994 Bond Debt Service► $0/living unit equivalent* Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide$** $236/1000sq.ft t p. Park Facility Impact Fee - Citywide$** N/A q. Quimby Parkland Dedication Feev** N/A r. Police Facilities Impact Fee - Citywide$** $665/1000sq.ft t Conditions of Approval Vesting Tentative Parcel Map No. 2006-32 October 24, 2006 Page 9 s. Traffic Signal Charge* $1.78/sq.ft t URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge* $2798/adj. acre Service Area: C/D-2 u. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 v. UGM Grade Separation Fee* N/A Service Area: w. UGM Trunk Sewer Charge* N/A Service Area: Cornelia x. Street Acquisition/Construction Charger N/A Notes: Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the total number of Living Unit Equivalents. Fee applicable to all maps accepted for filing after August 30,2005 ♦ 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). •T• Due at time of development A� Deferrable through Fee Deferral Covenant. r Due at time of subdivision. $ Due at occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project K:\Master Files-Parcel Maps\Parcel Maps 2006\TPM 2006-32--Lars Andersen—PB\Condhions of Approval\Condhions of Approval TPM No.2006- 32.doc City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: October 3, 2006 TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARO, Planning Manager Planning Division FROM: PAUL BERNAL, Planner rr� Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2006-32, WHICH PROPOSES TO CREATE A 14 PARCEL MAP PLANNED DEVELOPMENT FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF WEST HERNDON AND NORTH MILBURN AVENUES. (APN: 507-020-7S, 64S, 65S, 67S) BACKGROUND Vesting Tentative Parcel Map No. 2006-32 filed by Las Andersen & Associates, Inc., on behalf of W.G. Enterprises,and accepted for processing on September 12,2006, proposes to create a 14 lot parcel map planned development for approximately 12.15 acres of property. The subject site is located within the jurisdiction of the Sierra Sky Park Airport Land Use Policy Plan, Bullard Community Plan and the 2025 Fresno General Plan. The Sierra Sky Park Airport Land Use Policy Plan defers designated planned land uses to the underlying community and general plans. However,the Sierra Sky Park Airport Land Use Policy Plan regulates uses and restricts the height of structures within its plan area. The Bullard Community Plan and the 2025 Fresno General Plan designate the subject site for development with light industrial planned land uses which is consistent with the existing M-1/EA/BA-1 5/UGM (Light Man ufacturinglExpressway Area/Boulevard Area-15 Feet/Urban Growth Management) zone district. It is noted that Vesting Tentative Parcel Map No.2006-32 is proposing to create parcels that deviate from the property development standards of the M-1/EA/BA-15/UGM zone district given that several of the proposed parcels does not abut a public street or right-of-way. Pursuant to Section 12-407.5 of the Fresno Municipal Code (FMC), the Director may modify property development standards of the underlying zone district subject to the filing and approval of a single unified project which is covered by a development entitlement (i.e. C-03-211). However, because the approved site plan review did not depict the proposed parcel lines staff will require that the applicant apply for a revised site plan review inclusive of the proposed property lines. These conditions,as well other responding agencies conditions have been incorporated into the Conditions of Approval dated October 2,2006 for Vesting Tentative Parcel Map No. 2006-32. REQUIRED FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Vesting Tentative Parcel Map No. 2006-32 October 3, 2006 Page 2 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 October 5, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on October 5, 2006, with no comments received to date. STATE SUBDIVISION MAP ACT The Subdivision Map Act (California Government Code Section 66410 et. seq.) requires that a proposed parcel map not be approved unless the map,together with its design and improvement,is found to be consistent with the General Plan and any applicable specific plan(Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Finding Nos. 2-5, below, is made in the negative. 1. The proposed parcel map,together with its design and improvements is consistent with the City's Bullard Community Plan and the 2025 Fresno General Plan which designate the site for light industrial planned land use which is consistent with the M-1/EA/BA-20/UGM zone district as identified in Table 2 of the 2025 Fresno General Plan and applied within all community plans. 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 fully developed with industrial uses. The area does not and would not provide value for wildlife. 4. The proposed parcel map design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. In addition, during the entitlement process, staff will ensure that the conditions of project approval will be applied accordingly. 5. The proposed parcel map design will not conflict with pubic easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. Staff, based on its own analysis, has determined that the parcel map,subject to the recommended conditions of approval,otherwise complies with the design and property development standards of the Zoning Ordinance and local Parcel Map Ordinance and recommends the approval of the parcel map. Vesting Tentative Parcel Map No. 2006-32 October 3, 2006 Page 3 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2006-32 dated September 12, 2006, is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Director hereby grants approval of Vesting Tentative Parcel Map No. 2006-32 dated September 12, 2006, subject to the conditions of approval dated October 2, 2006, and to become effective on November_, 2006. Nick P. Yovino, Director Date KAMaster Files-Parcel Maps\Pa I Maps 2006\TPM 2006-32--Lars Andersen--PB\Director Memorandum\Director Memorandum TPM-2006-32.doc City of cclI LN g%- FIRE DEPARTMENT Date: September 15, 2006 To: PAUL BERNAL, Planner III Planning and Develo ment Department , Current Planning From: MIKE SCHMIDT, upervising Fire Prevention Inspector Fire Department, Fire Prevention& Investigative Services Subject: PM-2006-32 a planned development for approximately 12.15 acres of property located on the southeast corner of North Milburn and West Herndon Avenues. General Provide approved covenant/s for shared firefighting access and water supply(Parcels not fronting on a public street and more than 450' from a public street need two points of access from adjacent parcels). City of OCT 2 3 2006 DATE: October 11, 2006 CITU Of FRE-S40 PLANNING&DEVELOPMEW 1 TO: Paul Bernal, Planner III P! rr\rn►l�. Development Department, Planning Division, Current Planning THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Gregory A. Jenness, Senior Engineering Technician Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2006-32, Public Works Conditions of Approval Location: Southwest Corner of Milburn Avenue and West Herndon Avenue Owner: GW Enterprises STREET IMPROVEMENT REQUIREMENTS The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Construct or install the required improvements, or contact Gary Witzel at (559) 621-8725 to enter into a bonded secured agreement for these improvements. This must be executed prior to perfection of this parcel map. General Conditions • Repair or replace all existing damaged and/or off-grade offsite concrete improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5500. • Submittal of engineered construction plans to the Planning and Development Department for approval must be made prior to the final map. • All required signing and striping shall be installed and paid for by the developer/ owner. The signing and striping plans shall comply with the current Caltrans standards and be submitted as a part of the street improvement plans. • Additional offsite improvements will be required at the time of future site plan review. • Curb ramps are required at all corners within the limits of this parcel map. • Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Maior Streets: North Milburn Avenue: Arterial 1. Bike and Pedestrian Trail/Path: Dedicate a 10' (minimum) easement for Bike and Pedestrian purposes only, within the limits of Parcels "M" &"N" of this map behind property line. Page 1 of 2 TATRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\TentPM200632 Milbum&Herndon.doc (Additional right of way may be required for grading and drainage purposes.) This Department does not support the equestrian component of the trail due to health and safety issues. Construct a 12' wide concrete Bike and Pedestrian trail/path, complete with signing, striping and landscaping, per the 2025 Fresno General Plan, Multi-Purpose Trails Plan Map and Public Works Standards P-59, P-60 and Exhibit "B". Identify route on the map and provide a cross section 7 days prior to the planning commission hearing. Submit engineered construction plans to Public Works. Submit signing and striping plan to Traffic Engineering for approval. Submit grading, landscape and irrigation plans to Engineering Services. An additional 12' dedication is required for the equestrian portion, if required, contact Planning and Development. West Herndon Avenue: Expressway 1. Dedicate 93'-132', measured from section line, for public street purposes within the limits of this map, per the "Grantland (Veterans) - Herndon" O.P.L. # 96-43. 2. Construct concrete curb and gutter, 72' from center line, in accordance with Public Works Standard P-5. 3. Construct 20' of permanent asphalt concrete paving, from face of curb (for third eastbound lane), in accordance with Public Works Standard P-50. 4. Install expressway barrier fence the length of this map, per Public Works Standards P-74 & P-75. Page 2of2 TATRAFFIC ENG I NEER I NG\Traffic Planning\Parcel Maps\TentPM200632 Milbum&Herndon.doc GENERAL NOTES: R=154' MIN REFERENCE P-60 Y { EASEMENTS SHOWN ARE MINIMUMS. I ADDITIONAL WIDTHS MAY BE NEEDED FOR GRADING AND DRAINAGE PURPOSES. CROSS SLOPES=2% FOR TRAIL I 2' SHOULDER 8' ' 2' 2 3 1/2" P.C.0/6" 10' 12 10' CNS (85% COMP.) TYP. 26' BIKE/PED EASEMENT MAJOR STREET TRAIL GENERAL NOTES CONTINUED: AN ADDITIONAL 12' EASEMENT REQUIRED FOR EQUESTRIAN PUROPSES I-- VARIES F.I.D. EASEMENT -� 8' ' S' OR 4' FENCE? 9' 2' 2' 12' 20' -� 25' BIKE/PED EASEMENT - CANAL-SIDE TRAIL NOTE: MAX. LENGTH 140' 8, 8, � 12' � 210' 8' --�-- 10' ---I 5' 10' 23' PED EASEMENT !4 �--- 36' BIKE/PED. EASEMENT --I OFF-STREET TRAIL CONNECTOR TRAIL REF. & REV. CITY OF FRESNO TRAIL DETAILS DRAFT P-60 „b P - 59 City of CftleIMM41/1L DEPARTMENT OF PUBLIC UTILITIES Date: September 15, 2006 To: PAUL BERNAL, Planner III Planning and Development Department From: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER REQUIREMENTS FOR PM-2006-32 General PM-2006-32 proposes a planned development, for approximately 12.15 acres of property located on the southeast corner of North Milburn and West Herndon Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are a 45-inch main located on the south side of West Herndon Avenue and a 45-inch main located between proposed lots J & K. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Separate sewer house branches are required for each lot. 2. Abandon all existing on-site private sanitary septic tanks. 3. All proposed on-site sanitary sewer facilities shall be private. 4. Permanent structures shall not be allowed within existing utility easements. Sanitary Sewer UGM Oversize Sewer Service Area: #15 Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Cornelia&Grantland 4. Sewer Facility Charge (Non-Residential) City of WATER DIVISION Date: September 15, 2006 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities, Water Division From: ANITA LUERA, Senior Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2006-32 The following conditions are required to provide water service to the development. 1. Separate services with meter boxes shall be provided to each parcel. 2. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. TAPROJMIMEMCondifions of ApprovalTM 200632 181506.doc File No. 210.41 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER M4 Mr. Gil Haro, Planning Manager JEFF CAZALY Planning& Development Department 759 W. ALLUVIAL#101 City of Fresno FRESNO, CA 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2006-032 PRELIMINARY FEE(S) (See below) DRAINAGE AZA(S) 11 EG " " - " DRAINAGE AREA " EG 11 $3,633.00 DATE Jo 06 DRAINAGE AREA - it - TOTAL FEE $3,633.00 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: 01 a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that w typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 2006-032 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO ME' OPOLITAN FLOOD CONTROL D rRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. I as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 2006-032 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 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges 3 Associated with Construction and Industrial Activities (State General Permits) require developers 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. Z State General Permit for Storm Water Discharges Associated with Construction O Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. i 0 b. State General Permit for Storm Water Discharges Associated with Industrial Activities, 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; 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. 2006-032 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. g. 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. LOZIM:n� -I -,I Qxavl' Gerald E. Lakema , Project Engineer: Rick L ns District Engineer C: LARS ANDERSON & ASSOCIATES, INC. 4630 W. JACQUELYN SUITE 119 FRESNO, CA. 93722 2006-032 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document I i 1 li t NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPR0XUATE. "EK" HERNDON AVE. --- ------- -- -- ------- — — — —� --------- - ---- — II I I r I �qr IW Z �I I x I ml 48" - FREMONT AVE. I PALO ALTO AVE. 4 ----_--- -------------- - I -- — J I � � - -LOS ALTOS AVE. I J LEGEND Master Plan Facilities To Be Constructed By Developer -Pipeline(Size Shown)&Inlet(Eligible For Fee Credit). — — — Existing Master Plan Facilities Future Master Plan Facilities Existing 25'Storm Drainage Easement Location SCALE 1"=300' —————— Inlet Boundary Drainage Area Boundary Direction Of Drainage TPM 2006-032 DRAINAGE AREA:"EG" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT oFuwe BY: Rc DATE Waft KWjbaW0WW6E 181TC1TYPMIZ00&W2.dit o�.�e�,.".,. . OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The subject site is located within the District's Drainage Area"EG". Runoff from the"EG" system will ultimately drain to the San Joaquin River. Drainage runoff from commercial and industrial land uses directly to the river is prohibited by City of Fresno and District policy. The District is therefore requiring on-site mitigation of the runoff quality prior to discharge to the public drainage system. The specific plan and detail of the proposed mitigation must be reviewed and approved by the District prior to implementation. The Developer is responsible to implement mitigation features which will maintain compliance with the Local,State,and EPA standards and regulations throughout the life of the project. There is an existing twenty-five-foot(25')wide storm drain easement along the southwest property line of TPM 2006-032 as shown on the attached sketch. No encroachments into the easement shall be permitted including,but not limited to, foundations,roof overhangs,swimming pools, and trees. A portion of the proposed development is located in a natural low spot adjacent to the railroad tracks. The railroad creates a barrier for overland drainage to continue in a southwesterly direction. Therefore, the Developer's engineer must determine the potential high water elevation of the 100- year storm event and elevate structures at least one foot above the inundation elevation. The proposed development has areas of improvement below the top of curb on the adjacent street. The Developer is required to provide a signed flood easement and release for the development to the District. Development No. TPM 2006-032 Page 1 of 2 engr\perm it\exhibit\c ity-tpm\2006\2006-032(rl) OTHER REQUIREMENTS EXHIBIT NO. 2 Assessments for Master Plan drainage facilities were levied on this property in Assessment District 131. The drainage fee identified on this notice reflects the Assessment District No. 131 credit otherwise payable by the proposed development. 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 2006-032 Page 2 of 2 engr\perm it\exhib it2\c ity-tpm\2006\2006-032(rl) Pacific Gas and Electric Company Corporate Real Estate 650"0"Street,Bag 23 South Valley Land Services Fresno, CA 93760-0001 September 20, 2006 G- 7a����iC�D Development Department Engineering Services Division SEP 2 2 2006 Land Division Section 2600 Fresno Street, Room 3043 Planning Fresno, CA. 93721-3604 Development n - Attn: Paul Bernal - - Y Dear Paul Bernal, We have reviewed Tentative Parcel Map No. 2006-32. 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. Since ly Kyle Patten Land Agent STATE OF CALIFORNIA—BUSINESS.TRANSPORTAT SND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 `\ Flez your power! FAX (559)488-4088 �;. I Be energy efficient! TTY (559)4884066 ` December 5, 2006 ANG 2131-IGWCEQA 6-FRE-99-30.86+ TPM 2006-32 Mr. Paul Bernal City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Bernal: This letter supercedes our comments of September 22, 2006. Caltrans has reviewed the Tentative Parcel Map for the project located on the southwest corner of West Herndon and North Milburn Avenues. We have the following comments: We previously reviewed a development known as "Herndon Place," a shopping center that prepared a Traffic Impact Study(TIS), dated July 2, 2004. We had believed that this parcel map was part of that development, and commented accordingly. We have since been informed by the City and the applicant that this parcel map is only for the industrial portion of the development. Our fair share comments were based on the findings of the 2004 TIS and the impacts identified for the shopping center. Unfortunately, the TIS did not provide an analysis of the impacts of the industrial portion. However, the traffic impacts from the industrial portion should be far less than those identified for the commercial portion. It is possible for 12.5 acres of office/warehouse to generate more than the 100 peak-hour trips the City uses as a threshold for requiring a traffic study. It does not appear that these uses (either office or warehouse) were analyzed in the 2004 TIS. Should the City decide that a TIS is needed for this parcel map, please have the preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study is conducted. Caltrans Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when reviewing a traffic,study. If the traffic consultant has any issues or concerns regarding the;use of-the Guide or itsinterpretation,please.contact us so resolution can,be reached. Please allow sufficient time for Caltrans to review the TIS prior to the project going to the Planning Commission. Caltrans requests the opportunity to review any specific development proposals for the area. "Caltrans improves mobility across California" Mr. Paul Bernal December 5, 2006 Page 2 If you have any other questions, please call me at (559) 445-6666. Sincerely, le MOSES STITES Office of Transportation Planning District 6 C: Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Ms. Barbara Goodwin, Council of Fresno County Governments STATEEQF CALIFORNIA—BUSINESS,TRANSPORTA AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Govemo DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 _,1 Be energy efficient! TTY (559)488-4066 September 22, 2006 SEP 2 S 2a�6 213 1-IGR/CEQA �� _; �''� ' ��;:► 6-FRE-99-30.86+ TPM 2006-32 (A-01-12; R-01-15 & C-03-213; HERNDON PLACE) Mr. Paul Bernal City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Bernal: Caltrans has reviewed the Tentative Parcel Map for the project located on the southwest corner of West Herndon and North Milburn Avenues. We believe that this is a parcel map for the development known as "Herndon Place," a project Caltrans previously commented on in several letters. We have the following comments: Our previous letters of September 12, 2001; September 20, 2001;November 10, 2003, June 9, 2004, and October 4, 2006 (copies enclosed) still apply. Our fair share request for the original development to mitigate for cumulatively significant project-related impacts was $142,200 (See attached letter dated October 4, 2006). This mitigation has never been paid. Therefore, significant unmitigated impacts from this project remain. Caltrans requests that the parcel map be conditioned to pay the mitigation. If you have any other questions, please call me at (559) 445-6666. Sincerely, D ;MOSES STITES Office of Transportation Planning District 6 Enclosures C: Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Ms. Barbara Goodwin, Council of Fresno County Governments STATZ OF CALIFORNIA—BUSINESS.TRANSPORTP" -N AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE e P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power!. FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 June 9, 2004 213 1-IGR/CEQA 6-FRE-99-30.86+ A-01-12; R-01-15 & C-03-213 HERNDON PLACE Mr. David Braun City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Braun: Caltrans notes that the City has published (6/8/04) a Notice of Environmental Finding for the proposed Herndon Place Shopping Center. The project is located on the southwest corner of West Herndon and North Milburn Avenues. Caltrans comments of September 12, 2001, September 20, 2001 and November 10, 2003 have never been addressed and continue to be valid (copies enclosed). The Traffic Impact Study conducted for the Shopping Center failed to evaluate the project's impacts to the State Route (SR) 99 and Herndon Avenue interchange. This project's impacts to the transportation/circulation system have therefore never been thoroughly evaluated and significant unmitigated impacts may well remain. Caltrans questions the City's ability to make an environmental finding on this project when the project's impacts have not been fully evaluated or mitigated to a level of less than significant. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in the staff report(s) for the City Council and/or the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California" Mr. David Braun June 9, 2004 Page 2 Please send a response to our comments prior to staffs recommendations to the Planning Commission and the City Council. If you have any other questions, please call me at (559) 445-6666. Sincerely, fro MOSES STITES Office of Transportation Planning District,6 Enclosures C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" STATE OFCALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, ovemor DEPARTMENT OF TRANSPOR_ATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 November 10, 2003 2131-IGR/CEQA 6-FRE-99-30.86+ A-01-12; R-01-15 & C-03-211 HERNDON PLACE Mr. David Braun City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Braun: Caltrans has reviewed the use permit for "Building A' of the Herndon Place Shopping Center. The project is located on the southwest corner of West Herndon and North Milburn Avenues. Caltrans has the following comments: Caltrans previous comments of September 12, 2001 and September 20, 2001 have never been addressed and continue to be valid. The Traffic Impact Study conducted for the Shopping Center failed to evaluate the project's impacts to the State Route (SR) 99 and Herndon Avenue interchange. This project's impacts to the transportation/circulation system have therefore not been thoroughly evaluated and significant unmitigated impacts may well remain. If the project's direct as well as cumulative impacts (including impacts to the State Highway System) cannot be reduced to a level of insignificance, the mitigated negative declaration prepared by the City for this project was an inappropriate environmental document. The City of Fresno as lead agency has the primary responsibility for disclosing all project-related environmental impacts, including impacts to the State Highway System. Without full disclosure, the decision-making body cannot make an informed determination regarding a project's impacts. Full disclosure includes impacts to State Highways, not just impacts to local roads. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in the staff report(s) for the City Council and/or the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California" Mr. David Braun November 10, 2003 Page 2 Please:. send a response to our comments prior to staff's recommendations to the Planning Commission and the City Council. If you have any other questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" r STATE OF CALIFORNIA-BUSINESS,TRANSPOR- -ON AND HOUSING AGENCY _ GRAY DAVIS,Govemor DEPARTMENT OF TRANSPORTATiuN 1352 WEST OLIVE AVENUE P.O. BOX 12616 FRESNO,CA 93778-2616 TDD (559)488-4066 OFFICE (559)445-6666 FAX (559)488-4088 September 20, 2001 2131-IGR/CEQA 6-FRE-99-30.86+/- A-01-12 & R-01-15 Mr. Dave Braun City of Fresno Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr..Braun: We are in receipt of your letter dated September 14, 2001, (see attached) regarding the traffic impact study (TIS) for the proposed development on the southeast corner of Herndon and Milburn Avenues. Caltrans has the following continents: The previous Caltrans comments dated September 12, 2001, continue to be valid (see attachment), in addition to the following: Even with the number of homes proposed being downscaled, this development has the potential to significantly impact the State facilities. Therefore, the project proponent needs to be conditioned to pay their fair share of $12,590 for signals at the northbound and southbound off-ramps at the State Route (SR) 99 Interchange at Herndon Avenue and the widening of the northbound off-ramp. This is based on an estimate'of 33 trips impacting the northbound off-ramp intersection and 17 trips impacting the southbound off-ramp intersection. The total cost of improvements is estimated to be $400,000. If the applicant or city disagrees with the estimated pro-rata fair share,,then as submitted, the TIS is incomplete and needs to be revised to include the SR 99 Interchange at Herndon Avenue. Until its revision we have reviewed it to the extent applicable to Caltrans. As stated in your letter, the City of Fresno is planning to construct the Grantland Avenue Interchange to handle additional traffic. Please provide us with an estimated start and completion date along with engineered drawings of the proposal, so we can better assess the traffic circulation in the area. In addition, please have your traffic engineer consult with Mr. Dave Braun - September 20, 2001 Page 2 Caltrans prior to making a unilateral decision that could significantly impact a State facility on a.cumulative basis. Please send a response to our comments prior to staff's recommendations to the Planning Commission or City Council. Questions regarding the pro-rata share or TIS need to be referred to John Liu, Transportation Engineer, at (559) 488-4331. If you have any other questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosures C: Bob Madewell STATE OF CALIFORNIA-BUSINESS,TRANSPORTAT' WD HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 Y� FRESNO,CA 93778-2616 TDD (559)488-4066 OFFICE (559)445-6666 FAX (559)488-4088 September 12, 2001 2131-IGR/CEQA 6-FRE-99-30.86+ A-01-12 & R-01-15 Mr. Dave Braun City of Fresno Development Department 2600.Fresno Street Fresno, CA 93721-3604 Dear Mr. Braun: We have reviewed the Traffic Impact Study (TIS) prepared by VRPA Technologies dated 8/21/01 and the related plan amendment application to amend the Bullard Community Plan changing the planned land use from medium high density residential to community commercial and medium density residential. The project is.located on the southeast corner of North Milburn and West Herndon Avenues. Caltrans has the following comments: The TIS neglected to analyze the project's potential impacts to the State Route (SR) 99 Interchange at Hemdon Avenue. In a preliminary meeting with the project proponent, it was our understanding that the TIS would examine the project's effects on this interchange and the pro-rata share towards improvements to this interchange. The TIS needs to be revised to include the SR 99 Interchange at Herndon Avenue and forwarded for our review and continent. Please forward the revised TIS for our review and comment. Questions regarding the TIS need to be referred to David Garza, Transportation Engineer, at (559) 445-5999. If you have any other questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 STATE OF CALIFORNIA—BUSINESS TRANSPORTA- 'N AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE ' s P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE 559 445-6666 FAX 559 488-4088 Flnergy efficient!( ) Be energy efficient. M (559)488-4066 October 4, 2004 2131-IGR/CEQA 6-FRE-99-30.86+ A-01-12; R-01-15 & C-03-213 HERNDON PLACE Mr. David Braun City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Braun: Caltrans has reviewed the Traffic Impact Study (TIS) prepared for the "Herndon Place" project, located on the southwest corner of West Herndon and North Milburn Avenues. Caltrans has the following comments: Our previous letters of September 12, 2001; September 20, 2001; November 10, 2003 and June 9, 2004 (copies enclosed) still apply. The traffic study failed to identify known operational deficiencies at the State Route (SR) 99 interchange at Herndon Avenue. Currently, the intersection of Herndon Avenue and Parkway Drive is a T-intersection controlled with stop signs on Herndon Avenue. The westbound queue on Herndon Avenue often extends from Parkway Drive to Polk Avenue. Queuing also occurs on the northbound off-ramp. The proposed project will add trips to the already congested interchange. In the absence of the City of Fresno including State facilities in the City's Urban Growth Management (UGM) Fee Program, it has been the consistent practice of this office to recommend that the applicant contribute the project's proportionate fair share for improvements to the interchange. Based on the project trip traces on Herndon Avenue provided in the TIS (Figure 3-6), it is estimated that this development's proportional share for the future interchange upgrades is $142,200. Herndon Northbound Off-Ramp $900/Trip Pro-Rate Share Responsibility= (65 trips + 63 trips) * $900/trip = $115,200 "Caltrans improves mobility across California" Mr. David Braun October 4, 2004 Page 2 Herndon Southbound Off-Ramp $250/Trip Pro-Rate Share Responsibility = (63 trips + 45 trips) * $250/trip= $27,000 The traffic study was prepared to support the City's environmental assessment of the project and, as such, represents the City's nexus study. We assume this will be the nexus the City uses to require the applicant to make improvements to local streets to mitigate for identified project-related traffic impacts. As the study also identifies project trips to SR 99, this study represents a legally defensible nexus for the City to require mitigation to the State Highway System. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in the staff report(s) for the City Council and/or the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a response to our comments prior to staff's recommendations to the Planning Commission and the City Council. If you have any other questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosures C: Mr. Tom Anderson, Commercial Retail Associates Ms. Georgienna Vivian, VRPA Technologies Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" Street Name Review TPM-2006-32 9-21-06 Street Name Status Required Change West Herndon Avenue Good West Fremont Avenue Good West Palo Alto Avenue Good Cornelia Avenue Abandoned Delete North Milburn Avenue Good City of F R E S-6 N�,►� DEPARTMENT OF PUBLIC UTILITIES Date: September 14, 2006 To: PAUL BERNAL, Planner III Planning and Development Department, Current Planning From: CHRIS WEIBERT, Management Analyst II Public Utilities Department, Administration Subject: PM-2006-32 a planned development for approximately 12.15 acres of property located on the southeast corner of North Milburn and West Herndon Avenues. General Solid Waste requirements shall be addressed upon the submittal of future applications. Page 1 of 1 CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT i INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code DATE RKEe@�R[F ILING: (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report 2006 OCT -5 PM 4: 19 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan CITY CLERK. FRESNO C4 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: W.G. Enterprises Paul Bernal, Planner III 586 West Barstow Avenue October 5, 2006 Fresno, California 93704 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Parcel Map No. 2006-32 Southwest corner of West Herndon and North Milburn Avenues (APN: 507-020-07, 64, 65 & 67) Project Description: Lars Andersen & Associates, Inc., on behalf of W.G. Enterprises has filed Vesting Tentative Parcel Map No. 2006-32 pertaining to approximately 12.15 acres of property located on the southwest corner of West Herndon and North Milburn Avenues. The parcel map proposes to subdivide the subject site into a 14 lot planned development. The subject site is within the jurisdiction of the Sierra Sky Park Land Use Policy Plan, the Bullard Community Plan and the 2025 Fresno General Plan. The Bullard Community Plan and the 2025 Fresno General Plan designate the subject site for light industrial planned land uses. The Sierra Sky Park Land Use Policy Plan does not designate planned land uses within its plan area. However, the Sierra Sky Park Land Use Policy Plan regulates uses and restricts the height of structures within its plan area. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans, the planned land use designation of light industrial is consistent with the existing M-1/EA/BA-1 5/UGM (Light Manufacturing/Expressway Area Overlay/Boulevard Area-15 Foot/Urban Growth Managemeno zone district. The subject site is partially developed with a unified shopping center and is surrounded by multiple family residential development to the north, the Burlington Northern & Santa Fe railroad tracks to the south and west and single family residential development to the southeast. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The recently adopted 2025 Fresno General Plan and the Bullard Community Plan designate the subject site for light industrial planned land use which is consistent with the existing M-1/EA/BA-15/UGM zone district. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed vesting 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 partially developed but may be developed at an intensity and scale that is permitted by the planned land use and existing zone district designation for the subject site. Thus, the parcel map would 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). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. TPM No. 2006-24 October 5, 2006 Page 2 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 office commercial and light industrial planned land use designations specified for the subject site. 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 staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Gilbert J. HaroDate Planning Manager, City o Fresno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. TPM No. 2006-24 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. TPM No. 2006-24 KAMaster Files-Parcel Maps\Parcel Maps 2006\TPM 2006-24--Don Pickett--PB\Environmental Assessment\FINDING OF CONFORMITY COVER PAGE.doc ENVIF NMENTAL ASSESSMENT (EA) CHEI-'-LIST k:.TENTIAL ENVIRONMENTAL EFFEC. EA NO. TPM No. 2006-24 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 12.0 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 1 9.3 Induces unplanned growth The proposed project will not have an adverse 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. CITY OF FRESNO NOTICE OF ENVIRONMENTAL FINDINGS AND PUBLIC HEARING MITIGATED NEGATIVE DECLARATION: NOTICE IS HEREBY GIVEN THAT a mitigated negative declaration has been prepared by the City of Fresno Planning and Development Department resulting from Initial Study and Environmental Assessment (EA) of the project described below: EA No. R-06-47/C-06-169/State Clearinghouse No. 2006091125: Rezone Application No. R- 06-47 and Conditional Use Permit Application No. C-06-169, filed by Granum Partners, relate to approximately 32 acres located between West Alluvial and West Locust Avenues and between North Palm and North Ingram Avenues. The rezone application proposes to reclassify approximately 25.71 acres from the M-1 and M-3 (Light Manufacturing and Heavy Industrial, respectively) zone districts to the C-M (Commercial and Light Manufacturing) zone district. Conditional Use Permit Application No. C-06-169 is a request to construct a professional office complex to be developed in seven phases, which will contain 12 one and two story buildings (six 1-story and six 2-story) totaling approximately 370,138 square feet and will include 1,899 parking stalls. The proposed rezone is consistent with the 2025 Fresno General Plan planned land use designation of the property, which is light industrial. Development of the property would include processing of a permit for demolition of the one remaining building on the site. This site is a listed State Landmark (No. 934) although the boundaries are not specified. In addition, the site is also a state superfund site and is currently under cleanup oversight by the State Department of Toxic Substances Control due to soil and groundwater contamination that occurred when the property was owned by the Vendo Company and manufacturing occurred on the site. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the appellant's name and address, (2) the appellant's interest in or relationship to the project, (3) the decision being appealed, and (4) the specific reason(s) why such decision should not be upheld. Any comment must be submitted on or before October 25, 2006. Your remarks are welcomed and will be considered in the final decision. Additional information on the proposed project, including copies of the environmental finding, may be obtained from the City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, or contact Sophia Pagoulatos at (559) 621-8062 for R-06-47/C-06-169. FINDING OF CONFORMITY UNDER MEIR NO. 10130: NOTICE IS HEREBY GIVEN THAT pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act) the project described below has been determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. EA No. R-06-481S-06-264: Milton Barbis has filed Rezone Application No. R-06-48 that requests to reclassify approximately 4.49 acres of the property from the R-A (Single Family Residential-Agriculture) zone district to the C-P (Administrative and Professional Office) zone district located at the southeast corner of North Cedar Avenue and East Hampton Way. Site Plan Review No. S-06-264 proposes the development of nine single story office buildings ranging in size from 4,500 to 6,000 square feet with a total building area of 50,000 square feet. The subject site is located within the Fresno Yosemite International Environs Area Specific Plan and McLane Community Plan and is designated for office commercial planned land use. The proposed C-P (Administrative and Professional Office) zone district is consistent with the office commercial land use designation. EA No. TPM No. 2006-22: John Allen Company and Freeman Wong, have filed Vesting Tentative Parcel Map No. 2006-22 pertaining to approximately 9.15 acres of property located on the south side of North Figarden Drive between North Brawley Avenue and the A.T. & S.F. Railroad Tracks. The applicant is proposing to subdivide the subject property into a 10 parcel map planned development. EA No. TPM No. 2006-24: Don Pickett & Associates, Inc., has filed Vesting Tentative Parcel Map No. 2006-24 pertaining to approximately 4.19 acres of property located on the north side of West Spruce Avenue between the A.T. & S.F. Railroad Tracks and West Fir Avenue. The applicant is proposing to subdivide the subject property into a six lot parcel map. EA No. TPM No. 2006-32: WG Enterprises, has filed Vesting Tentative Parcel Map No. 2006- 32 pertaining to approximately 12.15 acres of property located on the southeast corner of West Herndon and North Milburn Avenues. The applicant is proposing to subdivide the subject property into a 14 lot planned development parcel map. EA No. T-5462/UGM: Michael Sutherland on behalf of Spradling Construction, Inc. has filed Tentative Tract Map No. T-5462/UGM regarding approximately 1.91 acres of property located on the northeast corner of North Cecelia and West Escalon Avenues. Conditional Use Permit Application No. C-03-255 has been previously approved for the subject property and approved the construction of 10 duplex units on the subject property. Tentative Tract Map No. T- 5462/UGM, proposes to subdivide the subject property into a 10-lot, dual-family residential subdivision. This application has been tentatively scheduled to be considered by the City of Fresno Planning Commission on October 25, 2006. Pursuant to Section 21157.1 of CEQA, it may be determined that a subsequent project falls within the scope of a MEIR provided that the projects do not cause significant impacts on the environment that were not previously examined by the MEIR. Since the project does not change the land use indicated for the subject properties by the 2025 Fresno General Plan and will not generate significant effects not previously identified by the MEIR staff has determined that the subject application is within the scope of the MEIR and, as such, shall be subject to the appropriate mitigation measures contained therein as required by Section 15177 of the CEQA Guidelines. No additional specific mitigation measures will be required of the project. ANY INTERESTED PERSON may comment on the environmental conformity findings to the Fresno City Planning Commission, Fresno City Hall, 2600 Fresno Street, Fresno, California 93721-3604. Comments must be in writing and must state (1) the appellant's name and address, (2) the appellant's interest in or relationship to the project, (3) the decision being appealed, and (4)the specific reason(s)why such decision should not be upheld. Any comment must be submitted on or before October 25, 2006. These applications have been tentatively scheduled to be considered by the City of Fresno Planning Commission on October 25, 2006, unless otherwise noted. Your remarks are welcomed and will be considered in the final decision. Additional information on the proposed project, including copies of the environmental finding, may be obtained from the City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, or Mike Sanchez at (559) 621-8040 for EA No. R-06-48/S-06-264; Paul Bernal at (559) 621-8073 for EA No. TPM No. 2006-22, TPM No. 2006-24 and TPM No. 2006-32; or, Israel Trejo (559) 621-8044 for EA No. T-5462. Do Not Publish Sign-Off and Identification Below This Line Publication Date: October 5, 2006 lanning & Developm nt Depart City of Fresno KAFresno BEE NoticinglBee Notices 2006Wotice for PC on 10-25-06.doc