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HomeMy WebLinkAboutPM 2008-02 - Conditions of Approval - 11/14/2008 City of ICIftLim\16\\1 Planning & Development Department 2600 Fresno Street •Third Floor Keith Bergthold Fresno, California 93721-3604 Interim Director (559) 621-8277 FAX (559) 498-1026 November 10, 2008 Please reolV Will Tackett (559) 621-8063 Provost & Pritchard, Inc. 286 West Cromwell Avenue Fresno, California 93711 SUBJECT: NOTICE OF APPROVAL OF REVISED VESTING TENTATIVE PARCEL MAP NO. 2008-02 DATED NOVEMBER 06, 2008, PROPOSING A 5-LOT COMMERCIAL PLANNED DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MAPLE AND EAST COPPER AVENUES; AND, WITH FRONTAGE ALONG NORTH KNOTTING HILL DRIVE. (APN: 579-073-95) The City of Fresno Planning Division has completed its review of the proposed subject vesting tentative parcel map revision. Pursuant to Section 12-1205(d)(1)of the Fresno Municipal Code,this letter is written to advise you that the Director of the Planning and Development Department has approved the proposed minor revisions as noted on Revised VestingTentative Parcel Map No. 2008-02 dated November 06,2008,which have been deemed to be limited to changes which do not substantially alter the street pattern, lot configuration or overall design scheme. The approved revised vesting tentative parcel map shall become, for all purposes, the approved map of the subdivision and the map which was originally approved shall be deemed withdrawn and shall no longer be of any force or effect for any purpose. The Conditions of Approval dated August 14, 2008, remain in effect with the following exceptions: 1. Condition No. 5.a. of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-02 dated August 14, 2008, shall be revised as follows: a) Conditional Use Permit Application Nos. C-08-01 and C-08-49 shall be approved priorto recordation of the Parcel Map and shall include the property lines as proposed pursuant to Revised Vesting Tentative Parcel Map No. 2008-02, dated November 06, 2008 thereby authorizing the creation of the commercial planned development. 2. Condition No. 6.a.i. of the Conditions of Approval for Vesting Tentative Parcel Map No.2008-02 dated August 14, 2008, shall be revised as follows: i) Execute a Mutual Easements and Reciprocal Use Agreement between Parcels "A" through "E"of Revised Vesting Tentative Parcel Map No. 2008-02 dated November 06,2008,and the adjacent property located to the east of the subject property(APN: Provost& Pritchard, Inc. Revised Vesting Tentative Parcel Map No. 2008-02 November 10, 2008 Page 2 579-073-96), inclusive. The Mutual Easements and Reciprocal Use Agreement shall, at a minimum, provide mutual and reciprocal access to East Copper Avenue, North Maple Avenue, and North Knotting Hill Drive, shared parking, cross drainage, provisions and obligations for retention and maintenance of access, utilities, facilities, and improvements on the subject property(including that portion of North Knotting Hill Drive proposed to be included within the boundary of proposed Parcel , "A" of Revised Vesting Tentative Parcel Map No. 2008-02 dated November 06, 2008). The required Mutual Easements and Reciprocal Use Agreement shall also contain a term, which assures that combinations of facilities within the proposed planned development shall provide the automobile parking area or number of spaces required for each facility, and that the area or spaces provided for one facility shall not be construed as satisfying the requirements of another facility. EXPIRATION: The approval or conditional approval of this vesting tentative Parcel Map expires two years from the date of approval of the original tentative parcel map on August 14, 2008. The approval of the subject revised vesting tentative parcel map shall not affect the anniversary date of the approved original tentative map. The expiration shall terminate all proceedings and a final Parcel Map may not be filed without first processing a new Tentative Parcel Map. EXTENSION: Modification of a tentative parcel map after approval or conditional approval does not extend the two year time limit. 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 requesting the extension. New conditions may be imposed if an extension is granted. Discretionary extensions may not exceed an aggregate of five years. If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Rick Sommerville(engineering or improvements issues) or Will Tackett (planning or zoning issues). Sincerely, PLANNIN IVISION Will T ck tt, Planner III Pla in and Development Department Enclosures: Revised Vesting Tentative Parcel Map No. 2008-02 dated November 06, 2008 Conditions of Approval dated August 14, 2008 City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: August 14, 2008 TO: NICK YOVINO, Director Planning and Development Department THROUGH: DARRELL UNRUH, Planning Manager Planning Division FROM: WILL TACKETT, Planner III Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTINGTENTATIVE PARCEL MAP NO. 2008-02, WHICH PROPOSES TO CREATE A 5-LOT COMMERCIAL PLANNED DEVELOPMENT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH MAPLE AND EAST COPPER AVENUES. (APN[S]: 579-073-95) BACKGROUND Vesting Tentative Parcel Map No. 2008-02 filed by Provost & Pritchard, Inc., on behalf of Copper and Maple Associates, LLC, property owner, and accepted for processing on June 17, 2008, proposes to create a 5-lot commercial planned development parcel map for approximately 7.54 acres of property located on the northeast corner of the intersection of North Maple and East Copper Avenues. In addition to filing the parcel map the applicant has filed Conditional Use Permit Application No. C-08-001. Conditional Use Permit Application No. C-08-001 proposes the development of an integrated community shopping center to include:a 17,340 square-foot Rite Aid Super Drug Store with drive-through lane; a 3,915 square-foot shell building with a drive-through; four other buildings to be used for general retail purposes with square-footages of 3,640, 13,929, 6,000, and 5,400 square feet; resulting in a total building square-footage for the entire project of 50,224 square feet. The subject site is zoned C-2/UGM/cz (Community Shopping Center/Urban Growth Management/with conditions of zoning)zone district and is within the jurisdiction of the 2025 Fresno General Plan and Woodward Park Community Plan. These plans designate the subject property for Community Commercial planned land uses. The existing C-2/UGM/cz (Community Shopping Center/Urban Growth Management/with conditions of zoning) zone district may be found to be consistent with the Community Commercial planned land use designation pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. In accordance with Section 12-218.5-J of the Fresno Municipal Code, there shall be adequate vehicular access from a dedicated and improved street, service road, or alley,to all lands within the C-2 zone district,the design of which shall be approved by the Director of Public Works.As Vesting Tentative Parcel Map No. 2008-02 is proposing to create parcels within a proposed integrated commercial development, which will depend upon shared access points, circulation aisles, and Planning and Development Department Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 2 private streets with adjacent properties for vehicular access, the project is being treated as "A Planned Development." Section 12-306-N-21 of the Fresno Municipal Code provides for modification of waiver of property development standards applicable to the proposed development of a site and to individual lots proposed to be created within such site; provided the Director determines the proposed development conforms to the provisions of Subsection 21 and all other applicable provisions of the code. Conditional Use Permit Application No. C-08-001 has been submitted for the subject property, which demonstrates adequate internal circulation is provided through means of public and private streets and shared on-site vehicle circulation. Staff will require that development of the subject property occur in accordance with Conditional Use Permit Application No. C-08-001 or any revisions thereto, which may be approved by the Planning and Development Department. This condition, as well other responding agencies conditions have been incorporated into the Conditions of Approval dated August 14, 2008 for Vesting Tentative Parcel Map No. 2008-02. REQUIRED FINDINGS The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed planned development 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, and Program EIR No. 10126 prepared for the Copper River Ranch Project. The subject property has been proposed to be developed at an intensity and scale that is permitted by the planned land use designation and existing zone district classification for the site. Thus, neither the conditional use permit nor tentative parcel map application will 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 property. These in'frastruc'ture 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 15177(b)(3). In addition, this proposed project was part of Program Environmental Impact Report No. 10126 prepared for the Copper River Ranch Project which was certified by the City Council on June 3, 2003. EIR No. 10126 required mitigation measures which have been incorporated into this project. Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2)of the Public Resources Code and CEQA Guidelines Section 15177,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, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the community commercial planned land use designation specified for the subject property. Based on this initial study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR (as indicated on the attached Environmental Planning and Development Department Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 3 Assessment Checklist) for the reasons discussed below. The city's investigation of the site and the project have revealed that there are no unique topographic, soil, or geological conditions at the site that will be impacted by this project, that there are no aspects of this project that will result in impacts to air quality, water supply or quality, plant life or animal life beyond those analyzed in the MEIR. The site is an approximately 7.54 acre parcel located on the northeast corner of North Maple and East Copper Avenues within a semi-urbanized area. There is no evidence that the site contains any habitats for wildlife, unique, rare, or endangered plants or animals, or historic buildings, or historic resources. The project is consistent with the 2025 Fresno General Plan planned land use designation forthis site. As such, the MEIR's mitigation measures related to air quality,water, noise, light and glare,transportation and circulation, and urban services have been applied to this project. In addition, mitigation measures required of EIR No. 10126 prepared for the Copper River Ranch Project have been made conditions of approval for Conditional Use Permit Application No. C-08-001. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed shopping center and the expected traffic generation (6,506 average daily trips ADT)will not adversely impact the existing and projected (year 2025) level of service (LOS)for East Copper Avenue (LOS of C and LOS of C) based on the circulation system analysis contained in MEIR No. 10130 and the TIS submitted for the proposed project dated January 2008, as long as the conditions required by the Public Works Department, Traffic Engineering Division in a memorandum dated March 19, 2008 are complied with. The Public Works Department/Traffic Engineering Division also determined that the expected traffic generation will not adversely impact the existing and projected (year 2012) level of service(LOS)for North Maple Avenue(LOS of C and LOS of C) based on the circulation system analysis contained in MEIR No. 10130 and the TIS submitted for the proposed project dated January 2008, as long as the conditions required by the Public Works Department, Traffic Engineering Division in a memorandum dated March 19, 2008 are complied with. There is no evidence that this site is subject to flooding, contains any hazardous materials, or that the project will generate or release hazardous substances beyond those already analyzed by the MEIR and EIR No. 10126, or result in an adverse change in course of flow of floodwaters. Finally, this project is located in an urbanizing area of the city and the applicant will be required to provide adequate screening of the facility. As such,there is no evidence that this project will have any visual impacts on any scenic vistas or views. Thus, the scope of the work and impacts to the site and surrounding area were fully analyzed under the MEIR. As a result, (3) no new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR and Program EIR No. 10126, as explained above. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEOA Guidelines. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Planning and Development Department Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 4 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 bythis section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). 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 are consistent with the City's 2025 Fresno General Plan and Woodward Park Community Plan,which designate the site for Community Commercial planned land uses. The existing C-2/UGM/cz(Community Shopping Center/Urban Growth Management/with conditions ofzoning)zone district may be found to be consistent with the Community Commercial planned land use for the subject property as identified in Table 2 (Planned Land Use and Zone District Consistency Matrix)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 proposed private storm drain system for drainage service. The grading plan that included the proposed on- site system has been approved by the District. Upon completion of those facilities, permanent service will be available to the proposed planned development. 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 urban 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 to City health and safety standards. 5. The proposed parcel map design will not conflict with pubic easements within or through the site because the 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. Planning and Development Department Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 5 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2008-02 dated June 17, 2008, 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. 2008-02 dated June 17, 2008, subject to the conditions of approval. Nic'k Yovino, Director Date CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 14, 2008 VESTING TENTATIVE PARCEL MAP No. 2008-02 "A PLANNED DEVELOPMENT" Northeast corner of the intersection of North Maple and East Copper Avenues; and, with frontaae alona North Knottina hill Drive NOTICE TO PROJECT APPLICANT All'tentative maps are subject to-the applicable provisions of the State Subdivision Map Act(SMA), 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. 2008-01,a Planned Development, dated June 17, 2008, 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 SMA apply, the subdivider is responsible to send, by certified mail, a sketch of the proposed final map, together with a copy of Section §66436(a)(3)(A) of the SMA,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 is situated in the City of Fresno, County of Fresno, State of California, and was legally created as Parcel "D" of Lot Line Adjustment 2007-41, as Instrument No. 2007-0162510 of Official Records of Fresno County, and more particularly described as follows: That certain real property situate in the southwest quarter of Section 12,Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, being more particularly described as follows: Being a portion of Outlot"R"of the Amending Map of Tract No. 5205, "Terrabella at Copper River Ranch," recorded in Volume 76 of Plats, at Pages 46-70, Fresno County Records, Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 2 more particularly described as follows: Beginning at the southwest corner of said Outlot "R"; thence North 36°18'51" West, along the east line of said Outlot"R", a distance of 24.44 feet; thence continuing along said east line North 00013'47" East,a distance of 186.46 feet;thence North 43021'32" East, a distance of 11.62 feet; thence North 90000'00" East, a distance of 10.12 feet;thence North 20044'58" West, a distance of 60.29 feet; thence North 49013'03" West, a distance of 11.76 feet; thence North 01038'58" West, a distance of 58.49 feet; thence North 55011'41" East, a distance of 7.16 feet; thence North 01°37'27 West, a distance of 6.74 feet, to the beginning of a tangent curve concave southerly and having a radius of 34.00 feet;thence leaving said east line northwesterly along the arc of said tangent curve, through a central angle of 113029'38", an arc length of 67.35 feet, to the beginning of a reverse curve concave northerly and having a radius of 538.00 feet, said curve also being on the north boundary of said Outlot"R"; thence continuing along said north boundary easterly, along the arc of said reverse curve, through a central angle of 09044'19", an arc length of 91.44 feet; thence South 45000'00" East a distance of 3.67 feet, to the beginning of a non-tangent curve concave northerly and having a radius of 540.00 feet, a radial to said point bears South 11°48'15" West; thence easterly, along the arc of said non-tangent curve, through central angle of 05042'42",an arc length of 53.83 feet,to the southwest corner of Outlot"W"of said Amending Map of tract No. 5205, said point also being the beginning of a non-tangent curve concave northerly and having a radius of 540.00 feet, a radial to said point bears South 06005'33" West; thence leaving said north boundary easterly, along the arc of said non- tangent curve, 'through a central angle of 10009'55", an arc length of 95.81 feet, along the shared boundary between said Outlots "R" and "W"; thence continuing along said shared boundary North 85055'38" East, a distance of 70.43 feet, to the beginning of a tangent curve concave northerly and having a radius of 336.00 feet; thence easterly, along the arc of said tangent curve, through a central angel of 38039'36", an arc length of 226.71 feet; thence leaving said shared boundary South 34°28'35"East, a distance of 148.50 feet;thence North 88048'56" East, a distance of 182.97 feet;thence South 01 011'04"East,a distance of 230.15 feet; thence North 88048'56", a distance of 17.00 feet; thence South 01°11'08" East, a distance of 78.00 feet, to the south line of said Outlot "R"; thence South 88048'51" West, along said south line, a distance of 550.55 feet, to the beginning of a non-tangent curve concave northeasterly and having a radius of 22.00 feet, a radial to said point bears South 02047'32" East; thence northwesterly, along the arc of said non-tangent curve, through a central angle of 36051'19", an arc length of 14.15 feet to the beginning of a reverse curve concave southwesterly and having a radius of 38.00 feet; thence northwesterly, along the arc of said reverse curve, through a central angel of 35015'51",an arc distance of 23.38 feet; thence South 88048'56" West, a distance of 243.25 feet, to the Point of Beginning. Together with a portion of Outlot"W"of said Amending Map of Tract No. 5205, being more particularly described as follows: Beginning at the southwest corner of said Outlot "W"; thence North 06005'33" East, along the west line of said Outlot "W", said point also being on the beginning of a non-tangent curve concave northerly and having a radius of 464.00 feet, a radial to said point bears South 06°05'33" West, said point also being on the shared boundary between said Outlot "W" and Outlot"J"of said Amending Map of Tract No. 5205; thence easterly, along the arc Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 3 of said non-tangent curve,through a central angle of 07014'42", an arc length of 58.67 feet; thence continuing along said shared boundary North 88050'51" East, a distance of 83.90 feet, to the beginning of a tangent curve concave northwesterly and having a radius of 264.00 feet; thence northeasterly, along the arc of said tangent curve, through a central angle of 71 033'51", an arc length of 329.74 feet; thence leaving said shared boundary line South 79018'59" East, a distance of 72.38 feet to a point on the beginning of a non-tangent curve concave northwesterly and having a radius of 336.00 feet, a radial to said point bears South 74008'07" East, said point also being on the shared boundary of said Outlots"R"and "W"; thence continuing along said shared boundary southwesterly, along the arce of said non-tangent curve, through a central angle of 31056'38", an arc length of 187.33 feet,to the beginning of a non-tangent curve concave northwesterly and having a radius of 336.00 feet, a radial to said point bears South 42011'29" East,thence southwesterly,along the arc of said non-tangent curve,through a central angle of 38039'36",an arc length of 226.71 feet;thence South 85055'38"West, a distance of 70.43 feet,to the beginning of a tangent curve concave northerly and having a radius of 540.00 feet; thence westerly, along the arc of said tangent curve, through a central angle of 10009'55", an arc length of 95.81 feet to the Point of Beginning APN(S): 579-073-68, 69, 84 & 85 PLAN CONSISTENCY 2. The subject site is located within the jurisdiction of the 2025 Fresno General Plan and Woodward Park Community Plan. Both plans designate the parcel map for development with Community Commercial planned land uses. 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 existing C-2/UGM/cz (Community Shopping Center/Urban Growth Management/with conditions of zoning) zone district is consistent with the Community Commercial planned land use designations for the subject property. ZONING 3. Comply with the provisions of the State of California Government Code Sections §66410 - §66499.58 of the SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real Property). CONDITIONS OF ZONING 4. Conditions of zoning are applicable to the subject property as adopted per Ordinance No. 2003-45 (Bill No. B-46) and, have either been satisfied through the approval of Conditional Use Permit Application No. C-04-153,the"Master"Conditional Use Permit for Copper River Ranch; or, shall be satisfied pursuant to the Conditions of Approval for Conditional Use Permit Application No. C-08-001: • NOTE: Included within the conditions of zoning pertaining to the subject property is a requirement that development of the property shall be subject to the implementation of the mitigation measures established by the certification of Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 4 Final Environmental Impact Report No. 10126 (SCH No. 2000021003). The mitigation measures of the Final EIR No. 10126 require that subsequent project- specific studies be submitted to determine the need, feasibility, and fair share contributions for improvements which would otherwise not be required under a "no-project"scenario. The applicant has submitted a Traffic Impact Study which has been reviewed by the Public Works Department. Pursuant to the mitigation measures of Final EIR No. 10126, the City Engineer shall make the appropriate determination as to the project's fair share percentage of the cost for improvements. Any requirements resulting from the City Engineer's determination will be made conditions of approval for development. MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS 5. Proposed Parcels "A"through "E," inclusive, of Vesting Tentative Parcel Map No. 2008-02 are consistent with the existing C-2 (Community Shopping Center] zone district subject to approval of a special permit for a planned development project. a) Conditional Use Permit Application Nos. C-08-01 and C-08-49 shall be approved prior to recordation of the Parcel Map and shall include the property lines as proposed pursuant to Vesting Tentative Parcel Map No. 2008-02, dated June 17, 2008 thereby authorizing the creation of the commercial planned development. 6. In accordance with Section 12-218.5-J of the Fresno Municipal Code, there shall be adequate vehicular access from a dedicated and improved street, service road, or alley, to all lands within the C-2 zone district,the design of which shall be approved by the Director of Public Works. a) All parcels must provide access to a public street right-of-way under a planned development special permit. i) Execute a Mutual Easements and Reciprocal Use Agreement between Parcels "A" through "E"of Vesting Tentative Parcel Map No. 2008-02 dated June 17, 2008, and the adjacent property located to the east of the subject property(APN: 579-073-96), inclusive. The Mutual Easements and Reciprocal Use Agreement shall, at a minimum, provide mutual and reciprocal access to East Copper Avenue, North Maple Avenue, and North Knotting Hill Drive, shared parking, cross drainage, provisions and obligations for retention and maintenance of access, utilities, facilities, and improvements on the subject property (including that portion of North Knotting Hill Drive proposed to be included within the boundary of proposed Parcel , "D" of Vesting Tentative Parcel Map No. 2008-02 dated June 17, 2008). The required Mutual Easements and Reciprocal Use Agreement shall also contain a term, which assures that combinations of facilities within the proposed planned development shall provide the automobile parking area or number of spaces required for each facility, and that the area or spaces provided for one facility shall not be construed as satisfying the requirements of another facility. Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 5 • NOTE: The conditions of the Mutual Easements and Reciprocal Use Covenant are intended to benefit the public and public properties as well as properties appurtenant;and, secure the enforceability of properties'obligations for retention and maintenance of access, utilities, facilities, and improvements. Failure to comply with the terms of the Covenant may result in the revocation of the Certificate of Occupancy of Special Permit by the City for use of any Parcel of the properties involved. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. For further information regarding these requirement Contact the Planning and Development Department at (559) 621-8277. ii) Final, executed and notarized documents shall be recorded with the parcel map. b) Access, circulation, and parking on all of the properties to be included within, and made party to, the cross-access agreement shall be provided and maintained in accordance with approved entitlements for the respective properties (Conditional Use Permit Applications C-08-001 &C-08-49); or, any revisions or amendments thereto, as may be approved by the Planning and Development Department. No modifications to said access or circulation may be made without prior approval from the Planning and Development Department. c) All of the agreements required to be executed within this section shall run with the land and bind all successors and assigns. • NOTE: Any amendment to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. GENERAL CONDITIONS 7. Any existing and/or proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. The placement of a parcel line in close proximity to any existing and/or proposed structure(s) requires that the structure(s) be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. a) 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 recordation of the Parcel Map. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. • NOTE: In the event the structures do not comply they must be modified so as to meet the requirement. 8. 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. Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 6 9. 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. 10. 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 Resolution No. 78-522/88-229, and the policies of the Public Works Department. 11. 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. 12. 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. a) Curb ramps are required at all corners within the limits of this parcel map. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 7 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. 18. 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). 19. 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 shall be submitted to the Public Works Department for review and approval as a part of the street improvement plans for this tentative map. 20. Additional off-site improvements will be required at the time of future site plan review. 21. The subdivider may either construct or install the required improvements,when required;or, enter into a bonded secured 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 STREETS AND RIGHTS-OF-WAY 22. Comply with all of the conditions of the Public Works Department, Engineering Division memorandum dated July 31, 2008. 23. This map is incomplete. Provide the following information to the satisfaction of the Public Works Department, Engineering Division prior to recordation of the Parcel Map: a) The proposed structure, in Parcel "E", needs to be relocated 13 feet north out of the existing PG&E easement. b) If existing identify curb, gutter, sidewalks (provide width),driveway approaches (provide width), ADA ramps (provide radius), street lights (specify if wood or metal pole), traffic signals, utility poles, pull boxes, guy wires, signs, fire hydrants, bus stop benches, trash receptacles, tree wells, etc. c) On existing developments only, identify the required 4-foot minimum path of travel along the public sidewalk adjacent to property. d) Identify whether median islands are existing or proposed. Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 8 e) If the proposed map is on a street corner, provide the entire intersection on the Map. If located on a major intersection also provide existing striping. f) Identify and label all buildings as "existing" or "to be removed". Identify ingress and egress easements. MAJOR STREETS: North Maple Avenue (Collector): 24. Construct an underground street lighting system (one light)in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. East Copper Avenue (112'-134' Super Arterial): 25. Construct concrete curb and gutter, built to an 8-foot pattern, in accordance with Public Works Standard P-5. 26. Construct 20 feet of permanent asphalt concrete paving, from face of curb, in accordance with Public Works Standard P-50. 27. Construct an underground street lighting system (two lights) in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. LOCAL STREETS: North Knotting Hill Drive (Public): 28. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. TRAFFIC IMPACT STUDY: 29. All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study(TIS), as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. • NOTE: The proposed development will generate a total of 83 a.m. /309 p.m, peak hour trips and generate a count of 3,525 Average Daily Trips (A.D.T.) • NOTE: The TIS prepared for Conditional Use Permit Application No. C-08-001 (retail shopping center proposed for development on subject property)will be utilized for this purpose. Mitigation to traffic impacts including signalization and payment of irripact fees will be made conditions of approval for Conditional Use Permit Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 9 Application No. C-08-001. Fees identified as being applicable will be required to be paid at the time of, or prior to, issuance of building permits. SANITARY SEWER SERVICE Sanitary Sewer Requirements: The nearest sanitary sewer main to serve the proposed project is a 12-inch sanitary sewer main located in North Knotting Hill Drive. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 30. On-site sanitary sewer facilities shall be private. 31. Separate sewer house branches are required for each new lot created. 32. Cross-access agreement/covenant for private sewer facilities shall be required. 33. Sanitary sewer connection shall not be allowed to existing sewer mains located in East Copper Avenue. 34. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated August 07, 2008. Sanitary Sewer Fees: 35. The following Sewer Connection Charges are due and shall be paid for the Project: a) Sewer Lateral Charge b) Sewer Oversize Charge c) Sewer Facility Charge d) Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee. e) Trunk Sewer Charge: Herndon f) Copper Avenue sewer lift-station service fee. WATER SERVICE The following conditions are required to provide water service to the development: 36. Separate water services with meters shall be provided to each parcel. 37. 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. 38. All public water facilities shall be constructed in accordance with Public Works Department Standards, specifications, and policies. Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 10 39. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated July 03, 2008. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) 40. The subdivider shall be required to comply with all of the specific requirements imposed by the 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 FMC. These requirements are identified in the attached District's letter to the Planning and Development Department dated July 09, 2008. DEPARTMENT OF PUBLIC WORKS -SPECIAL DISTRICTS/PROJECTS AND RIGHTS-OF-WAY 4.1. Comply with all of the requirements of the attached memorandum from the Department of Public Works, Parks Supervisor dated June 30, 2008. PACIFIC GAS AND ELECTRIC COMPANY 42. Attached for the applicant's records and consideration is the Pacific Gas and Electric Company (PG&E) memorandum dated July 07, 2008. FRESNO IRRIGATION DISTRICT 43. Attached for the applicant's records and consideration is the Fresno Irrigation District memorandum dated July 01, 2008. 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 $15,656.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge S.T.E.P. Service Area: Herndon e. Wastewater Facilities Charge S.T.E.P.♦ Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 11 f. Copper Avenue Sewer Lift Station Charge* $650.00/living unit equivalent* g. Copper River Ranch Sewer Backbone System. $613.67/living unit equivalent* h. House Branch Sewer Chargee N/A WATER CONNECTION CHARGES FEE RATE i. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. j. Frontage Charge.► $6.50/lineal foot k. Transmission Grid Main Charge-6 $643.00/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main Bond Debt Service Charge* $243.00/gross acre (parcels 5 gross acres or more) m. UGM Water Supply Feev $456.00/living unit equivalent* Service Area: 101-S n. Well Head Treatment Feelv $0.00/living unit equivalent* Service Area: 101 o. Recharge Feev $0.00/living unit equivalent* Service Area: 101 p. 1994 Bond Debt Service* $895.00/living unit equivalent* Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE q. Fire Facilities Impact Fee - Citywide$ Commercial $236.00/1000sq.ft t r. Park Facility Impact Fee - Citywide$ N/A s. Quimby Parkland Dedication Feev N/A t. Citywide Regional Street Impact Fee. Commercial Retail $16,131.00/adj. acre Conditions of Approval Vesting Tentative Parcel Map No. 2008-02 August 14, 2008 Page 12 Commercial Office $13,726.00/adj. acre u. New Growth Area Major Street Fees. Commercial Retail $37,495.00/adj. acre Commercial Office $29,848.00/adj. acre v. Police Facilities Impact Fee - Citywide$ Commercial $665.00/1000sq.ft t w. Traffic Signal Charge* $45.98/ADT t COPPER RIVER RANCH IMPACT FEES FEE RATE x. CRR Major Roadway Infrastructure Facility Fee4. $7,293.30/adj. acre y. CRR Major Interior Collector Roadway Facility Fee. $29,786.01/adj. acre 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. ♦ Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). + Due at time of Building Permit * Deferrable through Fee Deferral Covenant. * Due at time of Final Map. f Due at Certificate of 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. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 9, 2008 CONDITIONAL USE PERMIT APPLICATION NO. C-08-001 PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 579-073-95s 2. Zone Map No: 1352 3. Job Address: 11104 North Maple Avenue S/A Building 1: 2020 North Copper Avenue Building 2: 2042 North Copper Avenue Building 3: 2054 North Copper Avenue Building 4: 2066 North Copper Avenue Building 5: 2078 North Copper Avenue Building 6: 2090 North Copper Avenue 4. Street Location: Located on the northeast corner of North Maple and East Copper Avenues 5. Existing Zoning C-2/UGM/cz (Community Shopping Center/Urban Growth Management/conditions of zoning) 6. Planned Land Use: Community Commercial 7. Plan Areas: Woodward Park Community Plan Area 8. Project Description: Request for authorization to establish an integrated shopping center to include: A 17,340 square foot Rite Aid Super Drug Store with a Type 21 alcohol license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold and a double drive through lane; development of a 3,915 square foot building with a drive through; four other buildings, to be used for general retail, with square footages of 3,640, 13,929, 6,000, and 5,400 square feet for a total building square footage for the entire project of 50,224 square feet. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Director on April 1, 2008, approved the special permit application subject to 'the enclosed list of conditions and Exhibits A, B, E, E-1, E-2, E-3, E-4, L-1, L-2 dated January 3, 2008. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 2 of 27 An environmental assessment/initial study was conducted and resulted in a Finding of Conformityto the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), was filed with the County Recorder on April 8, 2008. The finding of conformity has been scheduled to be published in the Fresno Bee commencing a 30-day public review and comment period on April 8, 2008. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Director's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by April 24, 2008. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 3 of 27 or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits(dated January 3,2008)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by April 9, 2012 (four years from the date of Director approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section, forfinal review and approval,ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Contact Bonique Salinas at (559) 621-8024 or via e-mail at Bon ique.Salinas@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees, dedication, reservations or exactions for this project are subject to protest bythe 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, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 4 of 27 to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Please see attached memorandum and the submittal requirements checklist from the Public Works Department,Traffic Engineering dated March 25, 2008 as well as comments made to Exhibit A, dated January 3, 2008. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Greg Jenness at (559) 621-8812/Greg.Jenness@fresno.gov, Ann Lillie at (559) 621- 8690 / Ann.Lillie@fresno.gov or Mario Rocha at (559) 621-8684 /Mario.Rocha@fresno.gov Engineering Division, Traffic Planning Section. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit "A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. East Copper Avenue: Super Arterial c) Vacate 100' and 300' P.G. & E. easements adjacent to this application, prior to building permits, (or obtain joint use agreement to build within these easements from P. G. & E.). Contact Alan James of the Public Works Department, at (559) 621-8693. A feasibility study for all proposed vacations of existing public rights of way is required to be completedrp for to building permits. d) Dedicate Pedestrian Easement at street type driveway, for curb ramps shown, or install City Public Works Standard P-29 curb ramp. e) The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/ Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. Street construction plans are required and shall be approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559) 621-8686. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 5 of 27 f) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. g) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011-h and Resolution No. 78-522/88-229. h) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. i) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Signal Plans. For additional information you may call (559) 621-8682. East Copper Avenue: Super Arterial (112'-134') j) Construct a standard curb ramp per Public Works Standard P-29, or dedicate and construct per P-28 as shown. Based on a 35' radius. k) Construct a 35' driveway approaches to Public Works Standard P-76, (See Exhibit "A"). Provide 10' of red curbing (3 coats) on both sides of the proposed driveway approach. 1) Bike and Pedestrian Trail/Path: If not existing 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 P-60A. Identify route on site plan complete with a cross section. Submit engineered construction plans to Public Works. Signing and striping plan per attached Exhibit"B". Submit grading, landscape and irrigation plans to Engineering Services. Construct 20' of permanent paving within the limits of this application. m) If not existing, construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. -OR- show the existing street light locations on the plans, -AND- that they are constructed per current City of Fresno Public Works Standards. North Maple Avenue: Collector n) Construct concrete sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern Construct 4' x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). o) Construct a 32' driveway approach to Public Works Standard P-76. Provide 10' of red curbing (3 coats) on both sides of the proposed driveway approaches. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 6 of 27 p) If not existing, construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. -OR- Identify the existing street light locations on the plans, -AND- that they are constructed per current City of Fresno Public Works Standards or provide approved standards. East Knotting Hill Drive: Local (public) q) Construct concrete sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. r) If not existing, construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. -OR- show the existing street light locations on the plans, -AND-that they are constructed per current City of Fresno Standards (or approved standards). East Knotting Hill Drive: Local (private) s) Private Street facilities and geometrics shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawing(s) P-41, P-42, P-43. t) Off street lighting standards shall apply to on this private street. u) Construct 4' minimum pedestrian walk on both sides. OFF-STREET PARKING FACILITIES AND GEOMETRICS v) Off-street parking facilities and geometrics shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawing(s) P-41, P-42, P-43. w) Install 30" state standard"STOP"sign(s) at location(s) shown. Sign shall be mounted on a 2" galvanized post with the bottom of the sign 7' above ground; located behind curb and immediately behind a major street sidewalk. A"right turn only"sign is also required, at the same location, install a 30" x 36" state standard sign immediately below the stop sign on the same post. x) Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit"A". SURVEY MONUMENTS AND PARCEL CONFIGURATION y) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. z) The parcel configuration depicted for the proposed development does not conform to record information: Parcel Map 2008-02 is required to be perfected to establish this configuration prior to building permits. Contact the Planning and Development Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 7 of 27 Department for details or submit a revised exhibit confining the proposed development within existing parcel lines. TRAFFIC SIGNAL MITIGATION IMPACT(TSMI) FEE: aa)This project shall pay its TSMI Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. FRESNO MAJOR STREET IMPACT FEES (FMSI) bb)This project is in the New Growth Area;therefore pay all applicable growth area fees and City-wide regional street impact fees. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FEES: cc) Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to issuance of a building permit. WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES dd)Connection to the City of Fresno water system is required. ee) Connection to the City of Fresno sewer system is required. ff) City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges,contact Frank Saburit at(559)621- 8277. gg)Open street cuts are not permitted; all utility connections must be bored. hh)CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621- 5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. ii) SEWER CONNECTION CHARGES (FMC Section 9-503-a). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. • Lateral Sewer Charge (based on property frontage to a depth of 100') • Oversize Sewer Charge (based on property frontage to a depth of 100') Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 8 of 27 connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at(559) 621-8600. jj) WATER CONNECTION CHARGES: (FMC Sections 14-107 to 14-110). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. • Frontage Charge (based on property frontage) • Transmission Grid Main Charge (based on acreage) • Transmission Grid Main Bond Debt Services Charge (based on acreage) • UGM Water Supply Fee (based on living units, living unit equivalents or acreage) • Wellhead Treatment Fee (based on living units or living unit equivalents) • Recharge Fee (based on living units or living unit equivalents) • 1994 Bond Debt Service Charge (based on living units or living unit equivalents) • Service Charges (based on service size required by applicant) • Meter Charges (based on service need) PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) Woodward Park Community Plan ii) 2025 Fresno General Plan iii) C-2 (Community Shopping Center District) (Section 12-218 of the FMC) iv) Planning and Development Department, Performance Standards for Parking Lot Shading 2) ZONING a) Development is proposed in accordance with the existing C-2 (Community Shopping Center District)zone district. All future uses shall be subject to review pursuant Section 12-222 of Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 9 of 27 the Fresno Municipal Code (FMC). The subject site has two conditions of zoning which exist on the site which are as follows: (1) Implementation of approved zone districts shall be subject to the submission of and subsequent City approval of a "master' special permit (conditional use permit) 'that provides design and development standards for a unified development of the entire Copper River Ranch development project described by Rezone Application No. R- 01-14. (2) Implementation of the approved zone districts and development of the properties described by Rezone Application No. R-01-14 shall be subject to the implementation of the mitigation measures established by the certification of Final Environmental Impact Report No. 10126 (SCH No. 2000021003). These conditions of zoning were placed on the site in 2003 with approval of Rezone Application No. R-07-14 (Copper River Ranch rezone). The first condition of zoning has already been complied with (Conditional Use Permit Application No. C-04-153, the`Master CUP' for Copper River Ranch) has been filed and approved. The second condition of zoning requires compliance with the mitigation measures established by the certification of Final Environmental Impact Report No. 10126 (SCH No. 2000021003). Thus, in order to comply with this condition, the applicant will be required to comply with the following mitigation measures as determined by the City Engineer and the Planning and Development Department Director: (1) 2.1.4-a. The developer shall ensure through the subsequent master use permit and associated development plan, that the project is designed in a compact nature consistent with the principles of A Landscape of Choice to maximize the use of land, thereby reducing the pressure on productive agricultural land to the west,southwest, east, and southeast of the Fresno/Clovis metropolitan area. (2) 2.2.1-a. If the project is found to trigger a capacity improvement, which otherwise would not be required under the no-project scenario, the project will be required to fully fund (100 percent) the improvement. Subsequent project-specific studies will determine the need and feasibility of the improvement. The applicant has submitted a Traffic Impact Study which has been reviewed by the Public Works Department. Comply with all conditions required by the Public Works Department as noted in the memorandum dated April 7, 2008 from Bryan Jones, Traffic Engineering Manager. (3) 2.2.1-b. Since the project is defined in very general terms at the Program EIR level, developer responsibility for proposed mitigation measures is shown as fair share percentage estimates rather than project-specific fair share responsibilities.The fair share percentage estimates provide a general overview of how much the project may need to contribute to mitigate potential impacts on the future roadway system. Once the project is defined through the development plan and specific plan/site plan, a project-specific traffic analysis will determine both project-specific impacts and Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 10 of 27 associated developer responsibility for mitigation. In these future project-specific traffic studies, actual project fair shares will be determined. However, unless other projects in the study area are proposed for development with a more intensive land use, those segments that are shown at 100 percent developer responsibility are likely to remain at 100 percent developer responsibility in all future project-specific traffic studies. The fair share percentage estimates do not take into account either the City of Fresno UGM fees or the City of Clovis TIF program. With completion of the project, a fair share percentage improvement to the following noted street segments is needed in 2025 to maintain level of service standards: • Friant Road from SR 41 southbound off-ramp to SR 41 northbound off- ramp • Friant Road from SR 41 northbound off-ramp to Fresno Street • Friant Road from Fresno Street to Audubon Drive • Friant Road from Audubon Drive to Shepherd Avenue • Friant Road from Shepherd Avenue to Ft. Washington Road • Friant Road from Ft. Washington Road to Champlain Drive • Friant Road from Millbrook Avenue/Copper Avenue to Country Club Drive • Friant Road from Birkhead/Willow Avenue to North Fork Road/Millerton Road • Auberry Road from Copper Avenue to Marina Drive • Auberry Road from Marina Drive to Millerton Road • Millbrook Avenue from Friant Road to Copper Avenue • Copper Avenue from Millbrook Avenue to Cedar Avenue • Copper Avenue from Cedar Avenue to Maple Avenue • Copper Avenue from Maple Avenue to Chestnut Avenue • Copper Avenue from Chestnut Avenue to Willow Avenue • Copper Avenue from Willow Avenue to Peach Avenue • Copper Avenue from Peach Avenue to Auberry Road • Copper Avenue from Auberry Road to Minnewawa Avenue • Willow Avenue from Shaw Avenue to Bullard Avenue • Willow Avenue from Bullard Avenue to Herndon Avenue • Willow Avenue from Herndon Avenue to Alluvial Avenue • Willow Avenue from Alluvial Avenue to Nees Avenue • Willow Avenue from Nees Avenue to Teague Avenue • Willow avenue from Teague Avenue to Shepherd Avenue • Willow Avenue from Shepherd Avenue to Perrin Avenue • Willow Avenue from Perrin Avenue to Behymer Avenue • Willow Avenue from Behymer Avenue to International Avenue • Willow Avenue from International Avenue to Copper Avenue • Willow Avenue from Copper Avenue to South Project Road • Willow Avenue from South Project Road to North Project Road • Chestnut Avenue from Nees Avenue to Shepherd Avenue • Shepherd Avenue from Minnewawa Avenue to Fowler Avenue • Shepherd Avenue from Fowler Avenue to Temperance Avenue • Herndon Avenue from Willow Avenue to Peach Avenue Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 11 of 27 • Herndon Avenue from Peach Avenue to Villa Avenue • Herndon Avenue from Villa Avenue to Clovis Avenue • Herndon Avenue from Clovis Avenue to Fowler Avenue • Herndon Avenue from Toll House Road to De Wolf Avenue The applicant has submitted a Traffic Impact Study which has been reviewed by the Public Works Department Comply with all conditions required by the Public Works Department as noted in the memorandum dated April 7, 2008 from Bryan Jones, Traffic Engineering Manager. Be advised that pursuant to this mitigation measure of Final EIR No. 10126, the City Engineer shall make the appropriate determination as to this project's fair share percentage of the cost of the above noted improvements. (4) 2.2.1-c. In addition to segment capacity improvements, the project should also encourage transit use. Alternative transportation mitigation measures include: • Establish a Transportation Demand Management Program that provides incentives for people both living and working in the project area to utilize some sort of commute alternative such as walking, bicycling, carpool/vanpool, transit, and flex-scheduling. • Contract with Fresno Area Express (FAX)to provide transit stops internal to and bordering the project site; or create a project internal transit system that connects to the FAX system at some designated points along Friant Road, Maple Avenue, Chestnut Avenue, or Willow Avenue. • Create park-and-ride lots within the project, possibly at retail/service/office use locations. Fresno Area Express currently does not serve this area. Please ensure that the site can accommodate a bus stop if required in the future. (5) 2.3.1-a. Fugitive Dust Prevention and Control Plan shall be developed to specify control methods, demonstrate availability of equipment and personnel, and identify the individual authorized to implement prevention measures. The Plan shall comply with the SJVAPCD Regulation VIII - Fugitive Dust Rules. The Plan shall include the following conditions: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 12 of 27 • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing applications of water or by presoaking. • When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or maintain at least six inches of freeboard space from the top of the container. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. • Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Traffic speeds on unpaved roads shall be limited to 15 miles per hour (mph). • Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. • Excavation and grading activity shall be suspended when winds exceed 20 mph. These conditions are required at the time of project construction. (6) 2.3.1-b. Construction contracts shall include the following provisions: • All construction equipment shall be properly maintained and operated. • Alternative-fueled construction equipment shall be used if feasible. • Hours of operation of heavy-duty equipment shall be limited to 7 a.m.to 7 p.m. Monday through Saturday. These conditions are required at the time of project construction. (7U 2.3.2-a. The developer shall be responsible for the following measures to be Ilt ' included as a condition of approval on each conditional use permit, tentative tract map, or site plan: • Pedestrian enhancing infrastructure shall be provided and include: sidewalks and pedestrian paths; street trees to shade sidewalks; pedestrian safety designs/infrastructure; street furniture; street lighting; Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 13 of 27 and pedestrian signalization and signage. • Bicycle enhancing infrastructure shall be provided and include: bikeways/paths connecting to a bikeway system; and secure bicycle parking. • The project shall either contract with Fresno Area Express (FAX)through the City to provide transit services within the project area, or provide an on-site transit service to off-site FAX transit stations/multimodal centers. • Transit-enhancing infrastructure shall be provided and include: transit shelters, benches, etc, street lighting; route signs and displays; and/or bus turnouts/bulbs. • Park and ride lots and/or satellite telecommuting centers shall be provided in the project area. • Carpool/vanpool programs shall be implemented, e.g., carpool, ridematching for employees,assistance with vanpool formation, provision of vanpool vehicles, etc. • On-site shops and services for employees,such as cafeteria, bank/ATM, dry cleaners, convenience market, etc. shall be provided within commercial and office areas. • A Transportation Demand Management Program shall be established and include: transit, bicycle, pedestrian, traffic flow improvements, transportation system management, rideshare, telecommuting, video conferencing, and other measures to reduce peak hour vehicle trips. The requirements listed above that are project specific have already been incorporated into this project or have been required as conditions of approval in other sections of these Conditions of Approval for Conditional Use Permit Application No. C-08-001. (8) 2.3.2-b. Future construction plans for residential, commercial, office, and public uses shall include: • Solar or low-emission water heaters. • Central water heating systems in commercial areas. • Open-hearth fireplaces shall require use of natural gas or installation of low-emission, EPA-certified fireplace inserts. In a revised operational statement, please indicate how the above conditions will be complied with. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 14 of 27 (9) 2.4.3-a. The developer shall be responsible for the following mitigation measure to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: • A qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno Public Works Department demonstrating compliance with water quality standards. Elements of this plan shall address both the potential for soil erosion and non-point source pollution. In a revised operational statement, please indicate how the above condition will be complied with. (10) 2.5.2-a. A qualified biologist shall conduct a preconstruction survey for Burrowing .Owls no more than 30 days prior to the on-set of project construction. This survey shall be conducted according to methods described in the Draft Report on Burrowing Owl Mitigation (CDFG 1995). If preconstruction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, the developer shall establish an appropriate construction-free setback around these nests until the conclusion of the breeding season. A qualified ornithologist in consultation with the CDFG shall determine the distance of the setback.At the conclusion of the nesting season these owls may be relocated as discussed below. If preconstruction surveys undertaken during the non-breeding season (August through January) locate resident owls, these individuals may be relocated to alternative habitat.The relocation of resident owls shall be conducted according to a relocation plan prepared by a qualified biologist in consultation with CDFG. Passive relocation as described in Draft Report on Burrowing Owl Mitigation shall be the preferred method of relocation.The plan shall provide for the owls relocation to nearby lands possessing available nesting habitat. Ground squirrel populations and their burrow complexes can then be eliminated to prevent the return of Burrowing Owls at a later time when construction may occur. A qualified biologist shall conduct a preconstruction survey for Northern Harriers no more than 30 days prior to the on-set of project construction, if construction is to occur during the breeding season (February through July). If active nest burrows are located within or near construction zones, the developer shall establish an appropriate construction-free setback around these nests until the conclusion of the breeding season. A qualified ornithologist in consultation with the CDFG shall determine the distance of the setback. The developer may also disc the non-native grassland prior to the onset of the breeding season. Discing shall prevent the growth of dense tall grasses favorable for nesting Northern Harriers. In a revised operational statement, please indicate how the above condition will be complied with. II-) 2.5.6-a. The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit,tentative tract Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 15 of 27 map, or site plan: • Prior to site grading and preparation, a storm water pollution prevention plan prepared by a qualified geologist or consultant shall be submitted to and approved by the City of Fresno Public Works Department demonstrating compliance with water quality standards. Elements of this plan shall address both the potential for soil erosion and non-point source pollution. In a revised operational statement, please indicate how the above condition will be complied with. (12) 2.6.1-a. The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit,tentative tract map, or site plan: • The contractor shall limit noise generating construction to a time schedule of 7 a.m. to 7 p.m. Monday through Saturday. • Properly muffled construction equipment shall be used. Comply with the above conditions at the time of project construction. (13) 2.6.2-a. The developer shall be responsible for the following mitigation measure to be included as a condition of approval on each conditional use permit,tentative tract map, or site plan: • The developer shall pay a proportionate share, based on contribution to traffic in 2025 as determined in the project-specific traffic study prepared for projects within Copper River Ranch, of the costs of constructing appropriate noise mitigation on Maple Avenue between International Avenue and Copper Avenue. Noise improvements shall be installed,as necessary, to reduce outdoor levels to 60 dB Ldn or lower. Since the subject site is located north of Copper Avenue, this requirement does not apply to the proposed project. (14) 2.9.6-a. The developer shall be responsible for the following mitigation measure to be included as a condition of approval for all conditional use permits, tentative tract maps, or site plans: • Grading plans shall demonstrate that all areas of irrigated turf or other open space receiving reclaimed water drain away from FMFCD basins, except in extraordinary wet years (10-year frequency storms) when on- site lakes may fill from stormwater and utilize the FMFCD basins. In a revised operational statement, please indicate how the above condition will be complied with. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 16 of 27 (15) 2.10.1-b. Maximize visibility and natural surveillance abilities through the placement and design of physical features including building orientation, windows, entrances and exits, parking lots, walkways, guard gates, low-maintenance landscaping (trees and shrubs), fences or walls, signage and any other physical obstructions. In a revised operational statement, please indicate how the above condition will be complied with. (16) 2.10.1-c. Implement design features to clearly identify public/private spaces and to facilitate natural access control and territorial reinforcement, to include, but not limited to, the following measures: • Identify public entrances and exits through the implementation of sidewalks, pavement, lighting and landscaping to clearly guide the public. • Discourage/prevent public access to and from dark and/or un-monitored areas through the use of fences, walls or landscaping. • All residential and commercial addresses shall be clearly visible from the street and shall be illuminated. • Incorporate access control, including parking lot barriers,fenced rear and side yards, and entry telephones for gated neighborhoods. • Implement exterior nighttime lighting of display areas, parking lots, walkways, entrances and exits. These areas shall be illuminated, at a minimum, one-half hour after sunset and one-half hour before sunrise during hours of operation. • Incorporate measures that provide off-street parking to discourage auto- related crimes,graffiti-resistant paints and surfaces, and view fences. In a revised operational statement, please indicate how the above condition will be complied with. Fencing or other physical barriers will not be required of the proposed project. (17) 2.10.1-d. The Fresno Police Department shall be consulted during site planning and subdivision design to ensure that adequate provisions acceptable to the Police Department for crime prevention are designed into the project. The Fresno Police Department, Northeast Problem Oriented Policing reviewed the proposed project, Conditional Use Permit Application No. C-08-003, and provided conditions for the proposed project in the attached memorandum dated February 2S, 2008. Comply with these conditions. (18) 2.10.2-b. A water supply and distribution system, including fire hydrants, shall be designed and constructed to meet the adopted fire protection standards of the City of Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 17 of 27 Fresno. The Fresno Fire Department has reviewed the proposed project and required conditions of approval that will ensure that the proposed project will meet adopted fire protection standards. Comply with these Fire Department requirements detailed in the attached memorandum dated January 24, 2008. (19) 2.10.2-c. All residential and commercial development shall be provided with fire control systems as required by Fresno Fire Department regulations. The Fresno Fire Department has reviewed the proposed project and required conditions of approval that will ensure that the proposed project will have fire control systems as required by Fresno Fire Department regulations. Comply with these Fire Department requirements detailed in the attached memorandum dated January 24,2008. (20) 2.10.8-a. The developer shall be responsible for the following mitigation measure to be included as a condition of approval on each conditional use permit,tentative tract map, or site plan: • Where a storage tank may be located, appropriate sampling shall be performed by a qualified technician to evaluate potential of soil contamination. Removal of tanks and any contaminated soil shall be accomplished consistent with all applicable regulations of Fresno County. (21) 2.11.1-b. A minimum 20-foot landscaped area shall parallel the easterly side of Friant Road, the northerly side of Copper Avenue, and the westerly side of Willow Avenue. A berm and/or combination berm/sound wall shall parallel these roadways where residential lots are proposed. Exhibit A dated January 3,2008 depicts a combination of a trail(meandering sidewalk)and landscaping that exceed 20-feet in width. (22) 2.11.1-c. Project entries along Copper and Willow Avenues, and along Friant Road, shall incorporate special entry features, such as extensive landscaping and low profile entry signs. Conditional Use Permit Application No. C-08-001 depicts an entryway feature to be constructed at northeast corner of North Maple and East Copper Avenues, in addition to landscaping that will provide these required special entry features. b) Pursuant to Policy's C-20-e and C-20-f of the 2025 General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings, more specifically those along the streets shall not be developed with featureless "blank" walls. This may be accomplished by varying the building footprints with indentations, projections, offsets, different building materials,varying building heights, adding main entrances and/or adding texture color, etc. to effectively break up the mass of the building. Furthermore, Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 18 of 27 attractive external appearances and design measures should be utilized to avoid large scale (i.e. institutional) appearances. In addition, wall indentations with landscaping may be added. c) Clearly depict all equipment on the building elevations(i.e. lights,stairs,downspouts, etc.). d) Per the Woodward Park Community Plan, provide the following: Policy 3-4.6: Planned expressways and arterials shall be developed with mandatory 20-foot landscaped setback, except where a multi-purpose trail is proposed. East Copper Avenue, which is designated as a super arterial, does have a required multi-purpose (bicycle and pedestrian)trail along it. Exhibit A dated January 3, 2008 shows a minimum of 28-feet along East Copper Avenue from property line to the start of the parking lot. This 28-plus feet contains an approximately 12-foot wide meandering trail and landscaping. Since a multi-purpose trail is required on this site, the landscape setback as show on Exhibits A and L dated January 3, 2008 is sufficient. Policy 3-6.4: Require, as a condition of approval of new development adjacent to designated bikeways, that the bikeway be provided. The Copper River trail runs along East Copper Avenue in this area and is a designated bike and pedestrian trail. The 12-foot wide meandering walk to be provided along East Copper Avenue, provides room for both the pedestrian and the casual cyclist. When the street is improved as required of this application, a 5-foot bike lane will be painted within the right-of-way. 3) LOT AREA a) No Requirements. 4) LOT DIMENSIONS AND PARCEL CONFIGURATION a) The parcel configuration depicted for the proposed development does not conform to record information. Parcel Map 2008-02 is required to be perfected to establish this configuration prior to issuance of building permits, or submit a revised site plan showing the existing parcel lines. 5) BUILDING HEIGHT a) The maximum building height is 35 feet, and shall not have a height greater than 2-stories. The height of the proposed buildings are as follows: Building 1 is 37-feet in height Building 2 is 33-feet in height Building 3 is 35-feet in height Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 19 of 27 Building 4 is 35-feet in height Building 5 is 33-feet in height Building 6 is 33-feet in height Although Building 1 is over height, the C-2 zone district does have an exception to the maximum height. Pursuant to Sections 12-218.5-D-2 and 12-216.5-D-2, roof structures for architectural skylights and towers are allowed. Thus, the 37-foot building is allowed. 6) SPACE BETWEEN BUILDINGS a) No requirements 7) LOT COVERAGE a) The maximum coverage of the lot by buildings or structures shall not exceed thirty-three(33) per cent of the total lot area, including easements. Based on the square footages provided on Exhibit A dated January 3, 2008, the proposed project will have 15% lot coverage. 8) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Provide the following minimum building setbacks: i) 20-feet along East Copper Avenue per the Woodward Park Community Plan (Policy 3- 4.6). ii) 10-feet along North Maple Avenue (Pursuant to Section 12-218.5-E-2) b) Provide the following minimum landscape areas: i) 20-feet along East Copper Avenue per the Woodward Park Community Plan (Policy 3- 4.6). Since a trail is required along East Copper Avenue, this landscaped setback may contain the trail as depicted on Exhibits A and L-1 dated January 3, 2008. ii) 10-feet along North Maple Avenue (Pursuant to Section 12-218.5-E-2) c) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. d) No structures of any kind (including signs and/or fences) may be installed or maintained within the above-landscaped areas. No exposed utility boxes,transformers, meters, piping (excepting the backflow prevention device), etc.,are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc.,shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Include this note on the site plan.) e) The number of trees will be determined by the following formula: Provide one medium size tree for every two parking spaces (Section 12-306-N-24-g-3 of the FMC). Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 20 of 27 Exhibit A dated January 3, 2008 shows 259 parking stalls(252 were counted on plan, please verify): 259 parking stalls/2 = 130 medium size trees required. Exhibit L, dated January 3,2008, proposes 110 medium sized trees (not including the street trees required on both Copper and Maple Avenues or any of the trees where a height was not provided on Exhibit L dated March 5, 2008 and the tree was not listed in the Performance Standards for Parking Lot Shading list. Please provide the height of these trees in order to determine if they are considered small or medium sized trees). The 47 Prunus cerasifera were counted as small trees because they are generally 15-20 feet in height. Other than the street trees and the 108 trees described above, there are 75 other trees shown on Exhibit L dated January 3, 2008. As long as these trees meet the minimum requirements of a small tree (15-30 feet in height at maturity) this requirement will be met with the trees as shown on Exhibit L-1 dated January 3, 2008. NOTE: Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. f) Provide sufficient trees in the parking lot area to provide 50 percent shading of the parking area surface within 15 years. (This requirement may be reduced to 40 percent for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standards.) Trees shall also be planted in the required landscaped area along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way. Refer to the attached"Performance Standards for Parking Lot Shading," for the tree list and further details. g) Provide shade calculations on the landscape plan for parking lot shading in accordance with the attached Development Department, Performance Standards for Parking Lot Shading, including tree species and tree counts. Although it appears that over 50%of the parking lot will be shaded with the landscaping depicted on Exhibit L-1 dated January 3, 2008, the shade calculations shown are incorrect. Please see the notes on Exhibit L-1 and revise to show calculations correctly. h) If possible, please provide trees on the south side of the 12-foot walk/trail to provide a tree canopy along the trail. Approval from PG&E may be required. i) Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the site and landscape plans.) j) Submit six copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prior to obtaining building permits. k) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division.(Include this note on the site and landscape plans.) Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 21 of 27 1) Prior to final inspection,a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (Include this note on the site and landscape plans.) m) Provide parking cart collection areas(if these will be used by the proposed drugstore or any other future tenants), with a minimum of six inch curbs throughout the parking area. 2) OFF STREET PARKING a) The following parking standard applies, pursuant to Section 12-218.5-1-1-a of the Fresno Municipal Code (FMC): There shall be 3 square feet of parking for each 1 square foot of floor area, which requirement when applied, shall not exceed 5 parking spaces per 1,000 square feet of floor space. This requirement applies to building 1 (drug store) and buildings 2, 3, 4, and 5 (general retail). Buildings 1, 2, 3, 4, and 5 are 46,309 square feet in total = 232 parking stalls required (46,309! 1000 = 46.309 - 5 =232) The following parking requirement applies to building 6 (a proposed fast food restaurant): For establishments for the sale and consumption on the premises of food and beverages having four thousand square feet or less of gross floor area, there shall be one parking space for each one hundred square feet. Building 6 is 3,915 square feet = 40 parking stalls required 232 + 40 = 272 total parking stalls required Exhibit A dated January 3,2008 only depicts 259 parking stalls which means the site is 13 parking stalls short. In the operational statement submitted for Conditional Use Permit Application No. C- 08-001 dated January 17, 2008,the applicant has indicated that, as shown on the site plan,the project has access and parking right across the property directly to the east of the subject site. It also indicates that as part of this application,the applicant will improve approximately the west 75 feet of property for use as a parking area. This will provide the site with 34 additional parking stalls. In order to count these stalls towards meeting the requirements above, a shared parking covenant must be recorded prior to occupancy. A cross access agreement will also be required (both can be included in one covenant). b) Future tenants, including tenant improvements shall be reviewed to ensure adequate parking pursuant to Section 12-222.5-1 (off-street parking) of the FMC. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 22 of 27 c) Outdoor storage of materials, including ISO containers, is prohibited. All materials shall be stored within a completely enclosed building, unless approved by the Planning and Development Department. (Include this note on the site plan.) d) The parking lot design must accommodate the provision of trees in accordance with the attached Parking Lot Shading Policy. e) A minimum of 7 automobile handicap parking spaces are required for the proposed shopping center pursuant to Table 11 B-6 of the 2007 California Building Code. f) All handicapped stalls shall be marked with the international symbol of spaces and a waming that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) g) All handicapped parking stalls shall be placed adjacent to facility access rarrips or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. (Include this note on the site plan.) h) Lighting where provided to illuminate parking,sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works. Depict all proposed lights on the site plan. i) Clearly depict any proposed light poles, wall mounted lights, etc. j) Provide 10 bicycle parking spaces on the site. Bicycle parking spaces shall each consist of one slot in a bike rack. They shall be grouped in racks which allow four feet of clearance on all sides. There shall be adequate space between rack slots to park, lock, and remove bicycles. Bicycle parking spaces shall each consist of one slot in a bike rack. Bicycle parking spaces and the required four-foot clearance shall be protected from motor vehicle encroachment by means of fixed barriers not less 'than six inches or more than three in height. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces,and shall be located proximal to structures (depict on Exhibit A). Provide additional bike racks at buildings 1, 4, and 6. 3) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. b) Only those fences as shown on the site plan shall be reviewed for approval. c) Future fences shall be reviewed and approved by the Planning and Development Department prior to installation. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 23 of 27 d) Should any mechanical equipment be located on the ground,it shall be screened by a masonry wall identical to the building materials. 4) LOADING SPACE REQUIREMENTS a) Provide a minimum of 3 loading spaces, pursuant to Section 12-306-L-2-c of the Fresno Municipal Code. Loading space requirements will apply when a use involves pick-up and delivery of materials (other than normal solid waste collections) from trucks and tractor- trailers weighing more than two tons. Should trucks exceeding two tons not be utilized in the operation of the proposed business, a letter must be submitted to the Planning Division stating such. Exhibit A dated January 3, 2008 depicts 1 loading zone which meets the size requirements of a loading zone pursuant to the Fresno Municipal Code. There are four other loading zones which have been provided on site that do not meet the minimum size required for loading zones. The applicant has indicated in the operational statement dated January 17, 2008, that the smaller loading zones that have been provided for buildings 2-6 will be sufficient for use by vans and smaller bobcat type trucks. They have indicated these loading zones will meet the needs of the future tenants of these buildings. Thus, loading by trucks weighing more that two tons will not be allowed for buildings 2-6 unless they utilize the loading space provided adjacent to building 1,or additional loading spaces which meet minimum standards are provided. 5) ACCESS a) Pursuant to Policy C-20-d of the 2025 Fresno General Plan, safe vehicular, bicycle, and pedestrian access shall be provided and maintained with a defined pedestrian path from the sidewalk to the front entrances of the proposed structures to facilitate pedestrian and bicycle access. Access for the disabled shall be incorporated into project designs as required. b) Exhibit A dated January 3, 2008 does not indicate where the pedestrian connections to the northwest portion of the shopping center are. How will someone from the neighborhood to the northeast of this shopping center access it by foot? Exhibit L dated January 3, 2008, shows a walkway to Building 4 from Knotting Hill Drive but it is not shown on Exhibit A. Revise Exhibit A to show a sidewalk along Knotting Hill Drive to the northeasterly edge of the commercially zoned property. c) Provide a cross section of Knotting Hill Drive or revised site plan to determine how the proposed shopping center will be accessed by pedestrians coming from the residential property to the north. d) When pedestrian paths traverse the parking lot,the pedestrian path shall be delineated by stamped concrete, paving stones, brick, flagstone, or other contrasting paving material to clearly demarcate the path and to provide a safe walking area and to act as traffic calming devices for vehicles entering the center from both North Maple and East Copper Avenues. Identify path material on Exhibit A. Note that painted lines are not acceptable. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 24 of 27 6) COVENANTS AND AGREEMENTS a) A cross access, drainage, and shared parking covenant is required. This must be recorded prior to occupancy. 7) NOISE a) Pursuant to the noise ordinance of the FMC, noise levels for commercial zoned properties shall not exceed 65 decibels, from 7 AM to 10 PM, and 60 decibels, from 10 PM to 7 AM, measured at the nearest subject property line. Future uses and/or development shall be required to comply with this provision. (Include this note on the site plan.) 8) OUTDOOR ADVERTISING a) Future signs shall be subject to review and approval prior to installation. Also note that this site must apply for a Master Sign Permit. All future signs shall be the same color, material., style, etc. b) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. Note that all signs, including directional signs, must be located outside of the required landscape setbacks. 9) ADDRESSING a. The address listed in the conditions of approval is the'Official Address'given to this building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for an 'Official' address. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites,the City of Fresno has the authority to charge a fee and have these addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not `Official' addresses. PART E - CITY AND OTHER SERVICES 1) BUILDING AND SAFETY SERVICES —ARCHITECT a) No comments 2) TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with the requirements of the attached Public Works memorandum from Greg Jenness dated March 27, 2008, and any requirements as noted on Exhibit A. b) Comply with the attached memorandum from Bryan Jones of the Public Works Department dated April 7, 2008. Conditions of Approval Conditional Use Perrnit Application No. C-08-001 April 9, 2008 Page 25 of 27 3) SOLID WASTE COLLECTION c) Comply with attached Department of Public Utilities, Solid Waste Division memorandum dated January 22, 2008, Public Works Standards P-33 and P-34, and any requirements as noted on Exhibit A. 7) FIRE DEPARTMENT a) Comply with the Fire Department comments dated January 24,2008 and any requirements as noted on Exhibit A. 8) POLICE- SOUTHEAST AREA COMMANDER a) The Police Department Northeast Problem Oriented Policing division submitted conditions for the proposed project in -the attached memorandum dated February 25, 2008. These police conditions have not yet been signed by a representative from Rite Aid. The Planning and Development Department will not issue building permits for the proposed shopping center until a representative from Rite Aid contacts the Police Department and signs a copy of these conditions. Compliance with these conditions is required. 9) STREET TREE REQUIREMENTS a) Provide 1 street tree for every 60 lineal feet of street frontage. Based on this requirement, the following number of street trees are required: East Copper Avenue: 14 street trees required North Maple Avenue: 7 street trees required Knotting Hill Drive: 11 street trees required 32 total street trees are required for the proposed project. b) Please see the attached memorandum from Hilary Kimber of the Public Works Department dated January 29, 2008 for further details on these requirements and for appropriate street tree species. c) Please provide the street trees within the public right-of-way(within the sidewalk). Notify the Public Works Department 72 hours prior to pouring concrete. d) If trees are provided within the public right-of-way, an inspection fee of $30 per tree will be required at the time of building permit. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 26 of 27 10) SCHOOL FEES a) School fees must be paid prior to issuance of building permits. Please see the attached letter from the Clovis Unified School District dated February 4, 2008 for additional information. Provide proof of payment (or no fee required) prior to issuance of building permits. 11) PUBLIC UTILITIES DEPARTMENT, PLANNING AND ENGINEERING DIVISION a) Comply with the attached memoranda (2) from the Public Utilities Department, both dated January 22, 2008 12)CALTRANS a) Comply with the attached letter from the California Department of Transportation dated January 22, 2008. 13) FRESNO COUNTY COMMUNTY HEALTH a) Comply with the attached letter from the County of Fresno Department of Community Health dated January 24, 2008, including the requirement to submit complete food facility plans and specifications to the Fresno County Department of Community Health for review and approval prior to issuance of building permits for building 6. 14) SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) a) Contact the SJVAPCD for requirements. 15) FRESNO IRRIGATION DISTRICT a) Refer to the attached letter from the Fresno Irrigation District dated January 28, 2008. Please verify and indicate in a revised operational statement that this active pipeline will remain in service. 16) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT a) Comply with the attached FMFCD memorandum dated February 13, 2008. b) Grading, storm drain, street, and water and sewer plans must be submitted to FMFCD for approval prior to issuance of building permits. c) A FMFCD fee of $69,715 will be due at the time of issuance of building permits. This fee was only valid through February 29, 2008. Please contact the FMFCD for an updated fee. 17) PACIFIC GAS & ELECTRIC a) The subject site has a PG&E easement running through it. Comply with the attached letter from Pacific Gas and Electric Company dated February 8, 2008. In this letter PG&E requests that the locations of each steel tower facility be delineated on the site plan. Conditions of Approval Conditional Use Permit Application No. C-08-001 April 9, 2008 Page 27 of 27 18) FRESNO AREA EXPRESS a) No requirements. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits (dated January 3, 2008) and the following: 1) Two separate windows to keep cars moving through the drive-through are required for building 6 on Exhibit A dated January 3, 2008. 2) A bypass lane or designated parking stall is required for the drive-through for building 6. 3) Include a color and material schedule on the site plan, as well as on all elevations,for the exterior of all proposed buildings. Provide a color rending the of the proposed elevations. Although a color chart was provided, staff will require a color rendering to ensure that the proposed colors are acceptable. 4) Roof-mounted and detached mechanical equipment shall be screened from view and acoustically baffled to prevent the noise level rating for the equipment from exceeding 65 Ldn measured at the nearest property line. (Include this note on the site plan.) 5) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 6) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the Califomia Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 7) If animal fossils are uncovered,the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant,it shall be preserved. (include this note on the site plan.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. City of ff DATE: July 31, 2008 TO: Will Tackett, Planner III 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 2008-02, Public Works Conditions of Approval Location: 11050 North Maple Avenue Owner: Copper & Maple Associates, LLC TENTATIVE PARCEL MAP REQUIREMENTS: This map is incomplete. Please provide the following information prior to perfection: 1. The proposed structure, in Parcel "E", needs to be relocated 13' north out of the existing P.G. & E. easement. A. Offsite Information: 1. Center Lines: Identify all center lines. 2. Street Improvements: If existing identify curb, gutter, sidewalks (provide width), driveway approaches (provide width), ADA ramps (provide radius), street lights (specify if wood or metal pole), traffic signals, utility poles, pull boxes, guy wires, signs, fire hydrants, bus stop benches, trash receptacles, tree wells, etc. 3. ADA: On existing developments only, identify the required 4' minimum path of travel along the public sidewalk adjacent to property. 4. Median Islands: Identify existing or proposed. 5. Intersections: If the proposed map is on street corner, provide the entire intersection on the Map. If located on a major intersection also provide existing striping. B. Onsite Information: 1. Buildings: Identify and label all buildings as "existing" or "to be removed". Identify ingress and egress easements. 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. Page 1 of 3 T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\2008\PM 2008-02\MP 2008- 02 11050 N. Maple.doc 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 rior 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 Maple Avenue: Collector 1. Construct an underground street lighting system (1 light) in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. East Copper Avenue: Super Arterial (112' — 134') ' J 1. Construct concrete curb and gutter, built to as attern, in accordance with Public Works Standard P-5. 2. Construct 20' of permanent asphalt concrete paving, From face of curb, in accordance with Public Works Standard P-50. 3. Construct an underground street lighting system (6 lights) in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. - East Knotting Hill Drive: Local (public) 1. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Traffic Impact Study This development will generate a total of 83 a.m. / 309 p.m. peak hour trips and generate a count of 3,525 Average Daily Trips (A.D.T.), based upon the following: Page 2of3 T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\2008\PM 2008-02\MP 2008- 02 11050 N. Maple.doc Land Use Building Size Average Daily Tris ADT AM Pk Hour PM Pk Hour Shopping Center 21,139sf. 908 21 79 Shopping Center 14,270sf. 613 15 54 Shopping Center 13,149sf. 565 13 50 Shopping Center 20,969sf. 900 21 79 Shopping Center 12,564sf. 539 13 47 Total: 82,091 sf. 3,525 83 309 A Traffic Impact Study,is required. The Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which would mitigate the project and/or other related projects' significant impacts to a level of insignificance. Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. Page 3 of 3 T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\2008\PM 2008-02\MP 2008- 02 11050 N. Maple.doc 0 WCIO N U II w CO V N Qz z O W Qzc w N W Cl, W CN � Q w N W � W� CIO W W m g Q m N � J CN O N3AY City of orsio :\I-\ pC:s®14.w-a a®&sR- DEPARTMENT OF PUBLIC UTILITIES Date: August 7, 2008 To: WILL TACKETT, 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 VESTING TENTATIVE PM-2008-02 General Vesting Tentative PM-2008-02 proposes approximately 7.54 acres of property located on the northeast corner of the intersection of North Maple and East Copper Avenue; and with frontage along North Knotting Hill Drive. 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 main to serve the proposed project is a 12-inch main located in North Knotting Hill Drive. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. On-site sanitary sewer facilities shall be private. 2. Separate sewer house branches are required for each new lot created. 3. Cross-access agreement/covenant for private sewer facilities shall be required. 4. Sanitary sewer connection shall not be allowed to existing sewer mains located in East Copper Avenue. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Lateral Sewer Charge. 2. Sewer Oversize Charge. 3. Sewer Facility Charge. 4. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee. 5. Trunk Sewer Charge: Herndon 6. Copper Avenue sewer lift-station service fee City of _ DPU DEPARTMENT OF PUBLIC UTILITIES WATER DIVISION 3 = DATE: July 3, 2008 Providing Life's Essential Services TO: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration THROUGH: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities,Water Division FROM: MICHAEL CARBAJAL, Supervising Engineering Technician Department of PublicUtilities, Water Division SUBJECT: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2008-02 The following conditions are required to provide water service to the development. 1. Separate water services with meters shall be provided to each parcel. 2. Seal and abandon existing on-site well(s) in compliance with the State of Califomia Well Standards, Bulletin 74-90 or current revisions issued by Califomia 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. TAPROJM\MMConditions of Approval\PM 2008-02 070308.doc • File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager Copper & Maple Associates, LLC Planning & Development Department 199 S. Las Robles Ave. Suite 840 City of Fresno Pasadena, CA. 91101 3 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2008-002 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " DE - DRAINAGE AREA DE $15,656.00 DATE DRAINAGE AREA - " - TOTAL FEE $15,656.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm 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: C* I a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that O typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 2008-002 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT • NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to future on-site system. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X 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). 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 X 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, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 2008-002 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 subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial 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. Z These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a• State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a O 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 M prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual O certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O April, I997 (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. 2008-002 5469 E.OLNE - 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. 8. 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. 9. 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. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Project Engineer: Neda Shakeri District Engineer C: Provost & Pritchard Inc. 286 W. Cromwell Ave. Fresno, CA. 93711 2008-002 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 The developer of CUP 2008-049 has requested to construct a private storm drain system for drainage service. The grading plan that included the on-site system has been approved by the District. Upon completion of those facilities permanent service will be available to the proposed development, otherwise the drainage from the site shall be directed to Copper Avenue. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in 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 available. Contract the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. TPM 2008-002 engr\permi t\exhibit2\city-tpm\2008\2008-002(ns) DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.8794) Public Works, Engineering Division DATE: June 30, 2008 SUBJECT: Tentative Parcel Map 2008-02 The Department of Public Works offers the following comments regarding TPM 2008-02: 1. This project will require the planting of six (6) street trees East Copper Avenue. This requirement is waived due to PG&E overhead wires and an underground recycled water line that has an easement of 20' precluding any tree planting. A landscape plan following Trail Details as per Major Street Trail detail on P-59 of the Public Works Standard Specifications and Drawings (see attached) is required for E. Copper Ave. 2. The median islands on E. Copper and N. Maple Avenues are required to be landscaped. E. Knotting Hill is a Private Street. Please match previous landscape plans for Granville Homes, Inc. E. Knotting Hill Drive in the 7-E2252 series. 3. The Public Works Department requires a landscape and irrigation plan for the trail, the street trees on N. Maple and median islands at the scale of 1"=20' be submitted for review. rwic _ as and Dale Overbay phone:559-263-7372 Land Agent E Mail dwo4@pge.com Fleck Company. 650 0 Street Bag 23 1 Fresno,CA.93760 - Land Services July 7, 2008 J L 0 9 2G1a Planning Division Planning & Development Department Pfannino & Development Deot 2600 Fresno Street, Third Floor CITY of FRESNO Fresno, CA. 93721-3604 Attn: Will Tackett Dear Will Tackett, We have received your request for comments notice for the Vesting Tentative Parcel Map No. 2008-02. OUR FILE: Kerckoff-Clovis-Sanger#1 115kv Electric Transmission line Thank you for the opportunity to review and comment on the Vesting Tentative Parcel Map No. 2008-02. Pacific Gas and Electric Company (PG&E) owns and operates an electric transmission tower line located within the proposed project's boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair-the safe and reliable maintenance and operation of PG&E's facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-7372 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincerely, Dale Overbay Land Agent OFFICES OF 2M,R II� 4I(PATI Ol�Iit,DI►- TRS Com, PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water f] July 1, 2008 �C 'JUL 0 7 2096 Planning Division planning &Development Dept Mr. Will Tackett CITY OF FRESNO City of Fresno Planning &Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Vesting Tentative Parcel Map 2008-02, APN: 579-073-95 N/E East Copper and North Maple Avenues Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Parcel Map 2008-02 development, located at the north east corner of East Copper and North Maple Avenues which has no impact on any of FID's facilities. FID does not object to the proposed development with the following conditions: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. 3. For informational purposes, a private pipeline known as the Phillips No 158 traverses the subject property as shown on the enclosed map. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 319irishields@fresnoirrigation.com. Sincerely, 4�jnm,sthield,, Engineering Technician II Enclosure GAAgencies\City\Parcel Map\2008-02.doc BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO co ic— g ♦ ��}S f k .rte ' * (J[4!y„s q •� ,r i 4gg Y a o - A I ! xw� 1` a -'h t*I i1' Y•F 4 f V• f .'. �- AC'y� "��"�. �r -1�u,_ II � � 'jrr t�w�- �is ...:# • r:. .1 _. .- �x :��p � -. - _ IES I�• s� � w 3ldVV4 - A 0 E200810000180 CITY OF FRESNO —ENVIRONMENTAL ASSESSMENT/INITIAL STUDY INITIAL STUDY AND FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public AT�REt�VED F =Fl Resource Code (California Environmental Quality Act) L L� the project described below is determined to be within i the scope of the Master Environmental Impact Report APR 0 8 Z009 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan FR Y Applicant: Initial Study Prepared y: Dirk Poeschel Land Development Services, Inc. Bonique Salinas, Planner 923 Van Ness Avenue, Suite 200 April 8, 2008 Fresno, California 93721 Environmental Assessment Number: Project Location (including APN): Conditional Use Permit Application No. C-08-001/ Located on the northeast comer of North Maple Tentative Parcel Map No. 2008-02 and East Copper Avenues. APN: 579-073-95S Project Description: Conditional Use Permit Application No. C-08-001 and Tentative Parcel Map Application No. 2008-02 pertain to approximately 7.54 acres of property located on the northeast corner of North Maple and East Copper Avenues. The conditional use permit application is request for authorization to establish an integrated shopping center to include: A 17,340 square foot Rite Aid Super Drug Store with a Type 21 alcohol license authorizing the sale of beer, wine and distilled spirits for consumption off the promises where sold and a double drive through lane; development of a 3,915 square foot building with a drive through; four other buildings, to be used for general retail with square footages of 3,640, 13,929, 6,000, and 5,400 square feet, for a total building square footage for the entire project of 50,224 square feet. Tentative Parcel Map No. 2008-02 requests authorization to subdivide the subject property for the purposes of creating a six-lot commercial planned development. The property is within the jurisdiction of the Woodward Park Community Plan, the 2025 Fresno General Plan and the Copper River Ranch Planned Community Project for which Program EIR No. 10126 was certified by the City Council on June 3, 2003. The plans designate the property for community commercial land uses and the property is presently zoned C-2/UGM/cz (Community Shopping Center/Urban Growth Management/conditions of zoning). Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Pian, the planned land use designation of community commercial is consistent with the existing zoning. In addition, the project proposed in Conditional Use Permit Application No. C-08-001 (a request to construct and integrated shopping center) is consistent with the existing C-2/UGM/cz (Community Shopping Center/Urban Growth Management/conditions of zoning) zone district and the community commercial planned land use designation of the 2025 General Plan and the Woodward Park Community Plan. The subject property is currently vacant and is surrounded by vacant property on all sides. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site for community commercial planned land uses. The existing C-2/UGM/cz (Community Shopping Center/Urban Growth Management/conditions of zoning) zoning for the subject property conforms to the community commercial planned land use designation and the Copper River Ranch planned community land uses. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed development 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, and Program EIR No. 10126 prepared for the Copper River Ranch Project. The subject property has been proposed to be developed at an intensity and scale that is permitted by the planned land use designation and existing zone district classification for the site. Thus, this Finding of Conformity Under MSIR No. 10130 Environmental Assessment No. C-08-001/TPM-08-002 April 8, 2008 Page 3 located in an urbanizing area of the city and the applicant will be required to provide adequate screening of the facility. As such, there is no evidence that this project will have any visual impacts on any scenic vistas or views. Thus, the scope of the work and impacts to the site and surrounding area were fully analyzed under the MSIR. As a result, (3) no new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR and Program EIR No. 10126, as explained above. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. 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). Gi ert J. Haro Date Planning Manager, City ofsno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. C-08-001/1'PM- 08-002 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. C-08-001/TPM-08-002 LL W co Q rn 0 o N V m N p m 0o in > U_ o a Q Q x X X (Cu o 5i w z � II D W wLL L) �� a m� a m� a C."-E m m m ZO � c •� m � c •� m 10 -E Q O o c E m 0 c E N o c E pJ LL o a f own- � o = °- � C) a c'ca) oa a'a>i 3 a a' a>i r O W .� !n c0 _ m c0 w u) c 0 C C C C C c O V > j c c C d 7 Co C m 7 cz C CL m Z ELF- d ro ❑ a. ro0 CL ro ❑ i-. W O O O W E E E to > m > m > m ZZ W O � o O . J Y W w ca cc o cn m o cn is o of iu '0 WQ U om c.) CL o `gra `o_ C.Q `o_ � n" m -0 _ •- n` m m tiro co I ro lE= Z mw o T co 0 QW O c°O � z 0 -owmc 0cnc � 0 of � O .C .o 0) (n >. 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