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HomeMy WebLinkAboutPM 2008-05 - Conditions of Approval - 2/25/2009 City of CrsCin\l�'ii-- rn=�::..110Z 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 reply to: Will Tackett (559) 621-8063 Yamabe & Horn Engineering, Inc. 1300 East Shaw Avenue, Suite 176 Fresno, California 93710 SUBJECT: NOTICE OF REVISIONS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE PARCEL MAP NO.2008-05 DATED AUGUST 01,2008 BASED UPON RECEIPT OF APPEAL DATED AUGUST 20, 2008. The City of Fresno Planning Division has received the letter of appeal dated August 20, 2008 regarding the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008. This letter is written to advise you that the Director of the Planning and Development Department, upon further review of the conditions of approval, has approved the following revisions to the conditions of approval which have been deemed to be limited to changes which do not substantially alter the street pattern, lot configuration or overall design scheme: 1. Condition No. 23 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall remain in its original form. • NOTE: An email dated November 06, 2008 has been received indicating that the applicant has submitted a request for a Covenant to name the private street. North Pierce Avenue will not be used. 2. Condition No. 27 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall be removed in its entirety. • NOTE: The approval of Site Plan Review Application No. S-07-104 on November 02, 2007 authorized the location and utilization of the existing driveway approach on East Dakota Avenue. 3. Condition No. 28 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall remain in its original form. a) The paragraph preceding Condition No. 28 shall be revised to state, `The nearest sanitary sewer mains to serve the proposed project are 12-inch sanitary sewer main located in East Dakota Avenue and a 10-inch main located on the westerly boundary of the proposed project. y r i Yamabe & Horn Engineering, Inc. Vesting Tentative Parcel Map No. 2008-05 November 10, 2008 Page 2 4. Condition No. 32 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall remain in its original form. • NOTE: An email dated November 06, 2008 has been received indicating that the applicant has withdrawn the appeal of this condition;fee calculations will be provided during the Parcel Map (final) process and will take into account fees that have already been paid. 5. Condition No. 37 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall remain in its original form. • NOTE: An email dated November 06, 2008 has been received indicating that the applicant has withdrawn the appeal of this condition;fee calculations will be provided during the Parcel Map (final) process and will take into account fees that have already been paid. 6. Condition No. 38 of the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-05 dated August 01, 2008 shall remain in its original form. • NOTE: The referenced attachment has been provided. 7. The Note for Condition No. 39 of the Conditions of Approval for Vesting Tentative Parcel Map No.2008-05 dated August 01,2008 shall be revised to state, "Street trees shall be installed and all related fees paid prior to occupancy of any structures on the subject property. The Conditions of Approval dated August 01, 2008 shall remain in effect except as modified herein above. EXPIRATION: The approval or conditional approval of this vesting tentative Parcel Map expires two years from the date of the original approval of the tentative parcel map on August 01, 2008. The revisions to the conditions of approval for the vesting tentative parcel map shall not affect the anniversary date of the approved 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). Yamabe & Horn Engineering, Inc. Vesting Tentative Parcel Map No. 2008-05 November 10, 2008 Page 3 Sincerely, PLANNIN (VISION Will T Kett, Planner III Plan in , and Development Department Enclosures: Vesting Tentative Parcel Map No. 2008-05 dated May 27, 2008 Conditions of Approval dated August 01, 2008 City of ICESLd%-iku\I�� IIrW I kCW11R%A6 Planning & Development Department 2600 Fresno Street •Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1026 August 01, 2008 Please reply to: Will Tackett (559) 621-8063 Yamabe & Horn Engineering, Inc. 1300 East Shaw Avenue, Suite 176 Fresno, California 93710 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2008-05 DATED MAY 27, 2008, PROPOSING A 4-LOT INDUSTRIAL PLANNED DEVELOPMENT PARCEL MAP FOR PROPERTY LOCATED ON NORTHWEST CORNER OF THE INTERSECTION OF EAST DAKOTA AND NORTH PIERCE AVENUES. (APN[S]: 493-020-18) The City of Fresno Planning Division has completed its review of the subject parcel map dated May 27, 2008. Pursuant to Section 12-1205 of the Fresno Municipal Code,this letter is written to advise you that the Conditions of Approval dated August 01,2008,are as noted on the attached document. Appeal: The divider or any aggrieved person may file an appeal regarding to conditions of approval within fifteen (15) days from the date of approval. To protest the Director's decision regarding the conditions of approval, you must appeal by filing a written appeal with the Director of the Planning & Development Department. Appeal must include the appellant's interest in/or relationship to the subject property,the decision or action appealed, and specific reasons why the appellant believes the decision or action appealed should not be upheld. Appeals must be submitted to the Director of the Planning and Development Department prior to 5 p.m. on August 18, 2008. EXPIRATION: The approval or conditional approval of this tentative Parcel Map expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map may not be filed without first processing a new Tentative Parcel Map. Modification of a Tentative Parcel Map after approval or conditional approval does not extend the two year time limit. EXTENSION: The divider may request an extension of the tentative map expiration date by filing a written application together with the fee set forth in the Master Fee Schedule at the time of the request with the Director of the Planning & Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of five years. Yamabe & Horn Engineering, Inc. Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 2 If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Rick Sommerville(engineering or improvements issues) or Will Tackett (planning or zoning issues). Should you have any questions regarding the conditions you must notify either Rick Sommerville at (559) 621-8277 or Will Tackett at (559) 621-8063 by August 18, 2008, to request a review of the conditions. Otherwise, the stipulated conditions of approval are in effect as of that date. No further notice will be sent. Sincerely, PLANNIN DIVISION Will T cl�dett, Planner III Plann and Development Department Enclosures: Vesting Tentative Parcel Map No. 2008-05 dated May 27, 2008 Conditions of Approval dated August 01, 2008 City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: August 01, 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. 2008-05,WHICH PROPOSES TO CREATE A 4-LOT INDUSTRIAL PLANNED DEVELOPMENT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST DAKOTA AND NORTH PIERCE AVENUES. (APN[S]: 493-020-18) BACKGROUND Vesting Tentative Parcel Map No.2008-05 filed by Yamabe & Horn Engineering, Inc., on behalf of JB Development, property owner, and accepted for processing on May 27,2008,proposes to create a 4-lot industrial planned development parcel map for approximately 4.51 acres of property located on the northwest corner of the intersection of East Dakota and North Pierce Avenues. In addition to filing the parcel map the applicant has filed Site Plan Review Application No. S-07-104. Site Plan Review Application No. S-07-104 proposes the development of three new warehouse/office buildings ranging in size from 15,950 to 17,400 square feet in area with an attached 4,000 square- foot office area for each building;and, a fourth 11,000 square-foot, two story general office building. The subject site is zoned M-1/cz(Light Manufacturing/with conditions ofzoning) zone district and is within the jurisdiction of the 2025 Fresno General Plan, McLane Community Plan, Fresno Yosemite International Airport and Environs Plan, and South Fresno Industrial Revitalization Redevelopment Plan. These plans designate the subject property for Light Manufacturing planned land uses. The existing M-1/cz (Light Manufacturing/with conditions of zoning) zone district may be found to be consistent with the Light Industrial 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. It is noted that Vesting Tentative Parcel Map No. 2008-05 is proposing to create parcels that deviate from the Design Standards of Article 10, Section 12-1011 given that not all of the proposed parcels abut a public street. However, pursuant to the same section of the subdivision ordinance, exceptions to this requirement may be made when adequate internal circulation is provided by a private street or streets in an approved planned development. Pursuant to Section 12-306-N-21,all otherwise required property development standards applicable to the proposed development standards applicable to the proposed development of a site, and to Planning and Development Department Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 2 individual lots proposed to be created within such site, may be modified or waived provided the Director determines the proposed development conforms to the provisions of Subsection 21 and all other applicable provisions of the code. Site Plan Review Application No. S-07-104 has been submitted for the subject property, which demonstrates vehicular access to proposed "landlocked" parcels and on-site vehicle circulation; including emergency and service vehicles. Staff will require that development of the subject property occur in accordance with Site Plan Review Application No. S-07-104 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 01, 2008 for Vesting Tentative Parcel Map No. 2008-05. REQUIRED FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The initial study prepared for Environmental Assessment No. TPM-2008-05 considered potential environmental impacts associated with the tentative parcel map. The environmental assessment resulted in Class 15 and Class 32 Categorical Exemptions (Sections 15315/Minor Land Divisions and 15332/ln-Fill Development Projects of the California Environmental Quality Act),filed on August 01, 2008 with the City Clerk. Staff determined that Class 15 and 32 Categorical Exemptions were appropriate given that the project: consists of the division of property within city limits, in an urbanized area zoned for light manufacturing use into four or fewer parcels on a site less than five aces in area; is in conformance with the 2025 Fresno General Plan and zoning, no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the parcel was not involved in a division of a larger parcel within the previous two years; and, the parcel does not have an average slope greater than 20 percent; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, the site can be adequately served by all required utilities and public services. 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, McLane Community Plan, Fresno Yosemite International Airport and Environs Plan, and South Fresno Industrial Revitalization Redevelopment Plan; all of which designate the site for Light Industrial planned land uses. The existing M-1/cz (Light Manufacturing/with conditions of zoning) zone district may be found to be consistent with the Light Industrial 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. Planning and Development Department Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 3 2. The site is physically suitable for the proposed development because of the flat terrain of the site and adequate access and drainage on and off the site. The Fresno Metropolitan Flood Control District will require that the drainage from the site be diverted to the Master Plan Inlets. 3. The proposed parcel map design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat. The site is located in an area that is fully developed with 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 orthrough 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. DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2008-05 dated May 27, 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. 2008-05 dated May 27, 2008, subject to the conditions of approval. 6-4{c28 ck ovino, Director Date CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 01, 2008 VESTING TENTATIVE PARCEL MAP No. 2008-05 "A PLANNED DEVELOPMENT" Northwest corner of the intersection of East Dakota and North Pierce Avenues 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.2008-05, a Planned Development, dated May 27, 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 1 A: Parcel F of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 Page 57 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas, and other hydrocarbons and minerals therein and thereunder, as reserved in the Deed from Bank of America National Trust and Savings Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 2 Association, dated March 26, 1941 recorded April 12, 1941 in Book 1877 Page 308 Official Records, document No. 13437, by quitclaim Deed recorded April 3, 1959 in Book 4202 Page 428 Official Records, document No. 24675, Capital Company releases and surrendered easements and rights reserved in conjunction with said minerals on the above described land from the surface and for a distance of not more than 500 feet below said surface. Parcel 1 B: Appurtenant to Parcel 1 A: A non-exclusive vehicular, pedestrian and utilities easement over the Westerly 42 feet of Parcel E, of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 Page 57 of Parcel Maps, in the office of the County Recorder of said County. Parcel 1 C: Appurtenant to Parcel 1 A: A non-exclusive vehicular, pedestrian and utilities easement 30 feet wide, over that portion of Outlot "A" of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 Page 57 of Parcel Maps, in the office of the Fresno County Recorded of Designated on said Parcel Map as"Proposed 30' ingress and egress easement". Parcel 1 D: Appurtenant to Parcel 1A: A non-exclusive pedestrian and golf cart easement over Parcel E and Outlots"A"and"B"of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California,according to the map recorded in Book 42 Page 57 of Parcel Maps, in the office of the County Recorder subject to the provisions set forth in that certain instrument entitled, "Deeds of Easement and Covenants affecting Land Use", recorded November 2, 1984, document no. 84105846, Fresno County Records. Parcel 1 E: Appurtenant to Parcel 1A: An Easement for sanitary sewer pipeline over that portion of outlot"B"of Parcel Map No.84- 33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 page 57 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the West line of said Outlot"B", which bears South 00°03'44" East, along said West line of Outlot "B", a distance of 20.01 feet, thence leaving said West line, south 87053'55"East, a distance of 124.49 feet to a point on the East line of said Outlot"B"; thence North 17040'09" East, along said East line, a distance of 20.76 feet; thence leaving said East line, North 87053'55" West, a distance of 130.81 feet to the point of beginning. Parcel 1 F: Appurtenant to Parcel 1 A: An easement to receive light, air and sunlight across outlots "A" and "B"of Parcel map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 3 recorded in Book 42 Page 57 of Parcel Maps, in the office of the County Recorder of said County. Parcel 1 G: Appurtenant to Parcel 1 A: A non-exclusive vehicular, pedestrian and utilities easement for ingress and egress over the following described property: All that portion of Lot 2 of Scandinavian Colony, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 2 Page 3 of Plats, in the office of the County recorder of said County, described as follows: Beginning at a point on the East line of said Lot 2, which bears South 00003'44" East, a distance of 436.61 feet from the North quarter corner of Section 19, Township 13 South, Range 21 East, Mount Diablo Base and Meridian; thence continuing along said East line South 00003'44" East, a distance of 53.30 feet; thence North82010'26"West, a distance of 8.51 feet; thence South 55030'45" West, a distance of 27.32 feet to a point on the Southeasterly right of way line of Chestnut-Willow Avenue diagonal; thence Northeasterly along said right of way and along a curve whose radius point bears North 77001'40"West, with a radius of 1201.58 feet, through a central angle of 4012'27", an arc distance of 88.24 feet; thence leaving said right of way line, South 36°50'11" East, a distance of 23.77 feet to the point of beginning. Parcel 1 H: Appurtenant to Parcel 1 A: A non-exclusive vehicular, pedestrian and utilities easement 30 feet wide, over that portion of Parcel B of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 Page 57 of Parcel Maps, in the office of the County Recorder of said county designated the"South Fork Easement'and the North Fork Easement' in that certain Deed of Easement recorded November 8, 1984, document No. 84108099. Parcel 11: Appurtenant to Parcel 1 A: A non-exclusive vehicular, pedestrian right of way and utilities easement thirty (30) feet in width fro the purpose of connecting interior streets and utilities with such Parcels with North peach Avenue, over the portions of Parcel A of Parcel Map No. 84-33, designated the "South Fork Easement" and the "Central Easement' in that certain Deed of Easement recorded December 21, 1984, Document No. 84123275, Fresno County Records APN: 493-020-18 PLAN CONSISTENCY 2. The subject site is located within the jurisdiction of the 2025 Fresno General Plan, McLane Community Plan, Fresno Yosemite International Airport and Environs Plan, and Airport Area Revitalization Redevelopment Plan. These plans designate the subject property for Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 4 development with Light Industrial 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 M-1/cz(Light Manufacturing/with conditions ofzoning) zone district is consistent with the Light Industrial planned land use designation 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). 4. Comply with all conditions of zoning on the subject property and the Conditions of Approval of Site Plan Review Application No. S-07-104 prior to development of the subject property with the following exceptions, which shall be met prior to recordation of the Parcel Map for the subject property: a) An avigation easement is required to be dedicated to the City of Fresno and shall include the following property rights: i) Right-of-flight at any altitude above acquired easement surfaces; ii) Right to generate noise, vibrations, fumes, dust and fuel particle emissions; iii) Right-of-entry to remove, mark, or light any structures or growths above easement surfaces; iv) Right to prohibit creation of electrical interference, unusual light sources, and other hazards to aircraft flight; and, v) Right to prevent erection or growth of all objects above acquired easement surfaces. b) A covenant shall be recorded for the subject property which provides for the following: i) That it is understood by the owners and owners' successors in interest that the real property in question lies close to the Fresno Yosemite International Airport and that the operation of the Airport and the landing and take-off of aircraft may generate noise levels which will affect the habitability and quiet enjoyment of the property; ii) That the owners covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport; and, iii) The above easement, covenants, conditions and restrictions shall run with the land and shall be binding upon the present and subsequent owners of the property. Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 5 MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS 5. Proposed Parcels "A"through "D," inclusive, of Vesting Tentative Parcel Map No. 2008-05 are consistent with the existing M-1 (Light Manufacturing)zone district subject to approval of a special permit for a planned development project. a) Site Plan Review Application No. S-07-104 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. 2008-05, dated May 27,2008,thereby authorizing the creation of the industrial planned development. 6. In accordance with Section 12-1011(6) everylot shall abut on a public street, except where adequate internal circulation is provided by a private street or streets in an approved planned unit development. a) All parcels must provide access to a public street right-of-way under a planned development special permit. • NOTE: North Pierce Avenue was originally established as a private street through dedication of an 84-foot Ingress, Egress, and Utilities Easement over portions of Parcels "C,""E"and "F'of Parcel Map No. 84-33 (recorded October 30, 1984). Parcel Map No. 86-05 was later recorded (March 20, 1987) and subdivided a portion of North Pierce Avenue as Parcel "N" of Parcel Map No. 86-05. i) Prior to recordation of the Parcel Map the subdivider shall provide evidence satisfactory to the City of Fresno that the subject property(and therefore all parcels proposed to be created by Vesting Tentative Parcel Map No. 2008-05) has acquired and retained rights of access to North Pierce Avenue. • NOTE: Access rights may be demonstrated through submittal of recorded covenants, agreements, and/or deeds of easements for the purpose of access (i.e. vehicular, pedestrian, and emergency ingress and egress) to the City of Fresno Planning and Development Department for review and approval prior to recordation of the Parcel Map. If access rights to North Pierce Avenue cannot be demonstrated to the satisfaction of the City of Fresno, then an appropriate Mutual Easements and Reciprocal Use Agreement shall be recorded for said purpose. ii) Prior to recordation of the Parcel Map the subdivider shall provide evidence satisfactory to the City of Fresno that appropriate agreements are in place to ensure adequate future maintenance of North Pierce Avenue. Submit draft copies of Covenants, Conditions and Restrictions/Owners Association documents (CC&R's) for review and approval. b) Access, circulation, and parking on all of the properties to be included within, and made party to, the cross-access agreements shall be provided and maintained in accordance Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 6 with approved entitlements for the respective properties (Site Plan Review Application No. S-07-104); 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. i) Execute Mutual Easements and Reciprocal Use Agreements between Parcels "A" and"B"of Vesting Tentative Parcel Map No. 2008-05;and, between Parcels"C"and "D" of Vesting Tentative Parcel Map No. 2008-05 dated 27, 2008. The Mutual Easements and Reciprocal Use Agreements shall, at a minimum, provide mutual and reciprocal access to North Pierce Avenue, cross drainage, provisions and obligations for retention and maintenance of access, utilities, facilities, and improvements on the subject property. 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. • NOTE: The conditions of the Mutual Easements and Reciprocal Use Covenants 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. 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 Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 7 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. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. All work and engineered plans for public improvements shall conform to the 2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution No.70-36 and Resolution Nos. 84-361) and any amendments thereto, hereinafter referred to as the Public Works Standards. Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 8 17. 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. 18. Existing improvements that are not to the planned alignment shall be removed and required improvements installed to the new street alignment and grade. Existing improvements to remain in place shall be repaired if determined to be damaged and/or off grade by the City Engineer. Existing driveway approaches not identified for current orfuture 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. 19. 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). 20. 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. 21. Additional off-site improvements will be required at the time of future site plan review. 22. 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 STREET NAMES 23. The following street names shall be corrected on the parcel map: Street Name Status Required Change North Pierce Avenue Delete Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 9 STREETS AND RIGHTS-OF-WAY 24. Comply with all of the requirements and conditions of the Public Works Department, Engineering Division memorandum dated June 26, 2008. 25. 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) Provide a detail of the northwest corner of North Pierce Avenue and East Dakota Avenue, identify 4' ADA path of travel. Additional dedication may be required to accommodate this required path of travel. MAJOR STREETS: East Dakota Avenue (80-foot Collector): 26. Remove existing concrete curb ramp and construct curb ramp per Public Works Standard P-29. 27. Remove existing driveway approach and reconstruct with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall comply with City Public Works Standard P-5. SANITARY SEWER SERVICE Sanitary Sewer Requirements: The nearest sanitary sewer mains to serve the proposed project are an 8-inch sanitary sewer main located in East Home Avenue and an 8-inch main located in East Pine Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 28. Parcel Map shall call out a "20' easement to be dedicated for sanitary sewer purposes" for the existing 10-inch sewer main along the westerly boundary of Parcels "B"through "D". • NOTE: Current call out as "proposed" will not be accepted. . 29. A cross-access agreement shall be submitted, allowing Parcel"A"sanitary sewer access to the existing 10-inch sewer main along the westerly boundary of Parcel "B". 30. Separate sewer house branches are required for each new lot created. 31. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated June 10, 2008. Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 10 Sanitary Sewer Fees: 32. The following Sewer Connection Charges are due and shall be paid for the Project: a) Sewer Lateral Charge b) Oversize Sewer Charge c) Trunk Sewer Charge WATER SERVICE The following conditions are required to provide water service to the development: 33. Separate water services with meters shall be provided to each parcel. 34. 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. 35. All public water facilities shall be constructed in accordance with Public Works Department Standards, specifications, and policies. 36. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated June 20, 2008. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) 37. 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 maybe 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 June 20, 2008. FRESNO YOSEMITE INTERNATIONAL AIRPORT (FYI) 38. Attached for the applicant's records and consideration is the Fresno Yosemite International Airport memorandum dated July 07, 2008. • NOTE: Please see specific conditions under"Zoning"above for airport related requirements applicable to the subject Parcel Map. DEPARTMENT OF PUBLIC WORKS- SPECIAL DISTRICTS/PROJECTS AND RIGHTS-OF-WAY 39. Comply with all of the requirements of the attached memorandum from the Department of Public Works, Parks Supervisor dated June 19, 2008. • NOTE: A landscape and irrigation plan for the planting of required street trees is required to be submitted for review and approval by the Public Works, Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 11 Engineering Division. Street trees shall be installed and all related fees paid prior to recordation of the Parcel Map. FRESNO UNIFIED SCHOOL DISTRICT 40. Attached for the applicant/subdivider's records and/or consideration is the Fresno Unified School District memorandum dated June 17, 2008. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control District FEE/ RATE Metropolitan Flood Control District Fee $0.00 SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) b. Oversize Charge* $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge N/A Service Area: d. Wastewater Facilities Charge S.T.E.P.♦ e. Copper Avenue Sewer Lift Station Charge* N/A f. Fowler Trunk Sewer Interim Fee Surety* N/A g. House Branch Sewer Chargee N/A h. Millbrook Overlay Sewer* NIA 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 Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 12 k. Transmission Grid Main Charge* $804/net acre (parcels under 5 gross acres) 1. Transmission Grid Main Bond Debt Service Charge w► $304/net acre (parcels under 5 gross acres) m. Water Supply Fee• N/A Service Area: n. Well Head Treatment Feev N/A Service Area: o. Recharge Feev N/A Service Area: p. 1994 Bond Debt Service► N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE q. Fire Facilities Impact Fee - Citywide$ Industrial $150/1000sq.ft t r. Park Facility Impact Fee - Citywide$ N/A s. Quimby Parkland Dedication Fee♦ N/A t. Citywide Locally Significant Street Charge. Industrial $3,633/adj. acre u. Police Facilities Impact Fee - Citywide$ Industrial $442/1000sq.ft t v. Traffic Signal Charge* $45.98/ADT t CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 2, 2007 SITE PLAN REVIEW APPLICATION NO. S-07-104 PART A— PROJECT INFORMATION 1. Assessor's Parcel No: 493-020-18 2. Job Address: 4991, 4993, 4999, and 5001 East Dakota Avenue Street Location: The subject parcel is located on the north side of East Dakota Avenue between North Peach Avenue and North Winery Avenue. 3. Existing Zoning: M-1/cz (Light Manufacturing District) Planned Land Use: Light Industrial Zone Map: 2054 4. Project Description: Site Plan Review Application No. S-07-104, filed by Clayton Davis, on behalf of Brad Koach, is a request to construct three new warehouse/office buildings ranging in size from 15,950 to 17,400 square feet with an attached 4,000 square feet office area for each building. The fourth building is a 11,000 square foot, two-story general office building. PART B —GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Department on November 5, 2007, approved the special permit application subject to the enclosed list of conditions and A, E, E-1, I, L and L-1 dated June 8, 2007. This project is exempt under Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. A Class 32 categorical exemption was filed on October 9, 2007, with the Fresno County Clerk's office. No further environmental assessment will be needed at this time. 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 Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 2 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 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 November 19, 2007. 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 or omissions resulting from the special permit review process or for additions or alterations to construction plans 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.) Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 3 Transfer all red line notes, etc., shown on all original site plan exhibits 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. To complete the backcheck process for building permits 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, Project Evaluation Section, for final 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 unstarriped 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 McKencie Contreras at (559) 621-8066 or by e-mail at McKencie.Contreras @fresno.gov. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservation 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, dedication, 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 to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to Greg Jenness at (559) 621-8812/Greg.Jenness@fresno.aov, Ann Lillie at (559) 621-8690/Ann.Lillie@fresno.gov or Mario Rocha at (559) 621-8684/ Mario.Rocha@fresno.-gov, of the Public Works Department, Engineering Division, Traffic Planning Section. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 4 1) STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit A is required to identify 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. Also identify the minimum 4-foot wide path of travel along the public sidewalk directly in front of property, as required by Title 24 of the California Administration Code. An on-site pedestrian easement will be required if Title 24 requirements cannot be met within the existing public rights of way. b) A 2' pedestrian easement is required to provide a 4' minimum clear path of travel if the drive approach is to remain. c) An additional dedication for street purposes is required at the intersection of Dakota and the private road for the site —OR- reconstruct as required below. d) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public Works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership prior to issuance of building permits. The cost of deed document processing and recordation fee must be paid at the time of deed submittal. Deed documents must conform to the format specified by the city. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts / Projects and Right of Way Section, or by calling (559) 621-8694. 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 Public Works Department, Engineering Division, Special Districts/Projects and Rights-of-Way Section. Encroachment permits must be approved rior to the issuance of building permits. Please call (559) 621-8693 for additional information. 2) STREET IMPROVEMENTS a) All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and 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 2Ej2E to occupancy. Contact (559) 621-8686 for additional information. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 5 b) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division, (559) 621- 5500. c) If the existing drive approach is to remain, install a concrete pedestrian walkway behind driveway approach as identified on Exhibit "A". Asphalt concrete paving per City of Fresno Public Works Standard Drawing P-41 may be substituted for concrete. (Refer to City of Fresno Public Works Standard Drawings P-1 thru P-3 for additional information.) -AND- Provide 10' of red curbing (3 coats) on both sides of the existing driveway approach. d) Remove existing concrete curb ramps and construct curb ramps as per Public Works standard P-29. e) All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code (FMC) 11-209. f) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011 and Resolution No. 78-522/88-229. g) 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 off-site Landscape and Irrigation Plans. For additional information call (559) 621-8682. 3) OFF-STREET PARKING FACILITIES AND GEOMETRICS a) Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual Standard Specifications and Drawing(s), P-41, P-42 and P-43, and any additional requirements as noted on Exhibits A. b) Provide parking space needs, circulation, access, directional signs (e.g. Entrance, Exit, Right Turn Only, One-Way, etc. signs) as noted on Exhibits A. c) Submit a detailed gated entry design to the City of Fresno Public Works Department, Traffic Engineering for approval. -Submit an operational statement for the proposed gate(s) to the City of Fresno Public Works Department, Traffic Engineering, prior to permits. Based upon information provided, additional requirements may be made for this site. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 6 4) SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. b) The applicant is required to provide proof of parcel configuration prior to occupancy. c) Exhibit A, dated June 8, 2007 depicts four (4) subject parcels. Upon recordation of a parcel map a cross access agreement shall be recorded. 5) WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES a) Connection to the City of Fresno water system is required. b) Connection to the City of Fresno sewer system is required. c) 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. d) Open street cuts are not permitted; all utility connections must be bored. 6) 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. 7) 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 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). Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 7 For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. 8) 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) 9) CITY WIDE DEVELOPMENT IMPACT FEES • Traffic Signal Fee. This project shall pay its Traffic Signal Mitigation Impact 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. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. • Fire Station Fee (based on building square footage) • Police Fee (based on building square footage) • Parks Fee (based on the number of residential units) PART D— PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) Development Department, Performance Standards for Parking Lot Shading Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 8 iii) M-1/cz Light Manufacturing District/conditions of zoning (Section 12-226 of the FMC) iv) McLane Community Area Plan v) Fresno Yosemite International Airport and Environ Plan vi) Redevelopment Agency — South Fresno Industrial Revitalization Redevelopment Project Area Plan 2) 2025 FRESNO GENERAL PLAN a) The 2025 Fresno General Plan designates the subject site for light industrial planned land uses and provides several policies to guide in the development of industrial facilities. Applicable policies are as follows: i) Policy's C-20-e & C-20-f of the General Plan Policy C-20-e: Development projects shall include aesthetic measures which support functionality and add to the appearance and livability of the community. Policy C-204• Building facades shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless, `blank" walls. Given the site's proximity to East Dakota Avenue and pursuant to the policies of the 2025 Fresno General Plan listed above, and its underlying goal of improving the appearance of the city, staff is recommending that the applicant modify the metal buildings (warehouses) so that the proposed elevations would be more aesthetically pleasing. Staff is proposing that the building contain design features and decorative treatments which are consistent with the treatments of the office portion of the building. 3) FRESNO YOSEMITE INTERNATIONAL ENVIRONS PLAN a) The subject property is located at 5001 E. Dakota Avenue on the north side of North Dakota Avenue between North Winery Avenue & North Peach Avenue. The property is approximately 1,300 feet north of runway 11 L-29R of the Fresno Yosemite International Airport. The proposed Light Manufacturing (M-1) use lies within the 70-75 CNEL noise contours, where future residential development lying within this CNEL contour is classified as Conditionally Acceptable, however office buildings are classified as Normally Unacceptable. An avigation easement will be required for this project. In addition, with a distance of 1,300 feet from the runway, buildings and structures over 13 feet in height would penetrate a 100:1 slope requiring a FAA Form 7460. b) Supplemental information i) 70-75 CNEL Noise Contour Line, identified in the Fresno Yosemite International Airport Master and Environs Specific Plan Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 9 ii) Federal Aviation Administration's (FAA) Part 77 Objects Affecting Navigable Airspace imaginary surfaces height requirements. As stated on Table E-1 of the Fresno Yosemite International Airport and Environ Plan CNEL 70-75 — Commercial and Industrial (Service commercial, wholesale commercial, warehousing, light industrial) are Conditionally Acceptable. Conditionally Acceptable - The indicated noise exposure will cause moderate interference with outdoor activities when windows are open. The land use is acceptable, on the conditions that outdoor activities are minimal and that construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be dept closed). Under other circumstances, the land use should be discouraged. An avigation easement is also required. As stated on Table E-1 of the Fresno Yosemite International Airport and Environ Plan CNEL 70-75 — Commercial and Industrial (Offices, Retail commercial) are Normally Unacceptable. Normally Unacceptable — Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or which involve outdoor activities which would be disrupted by noise should generally be avoided. In addition any permanent or temporary object that penetrates a 100:1 slope from runway 11 R-29L of the Fresno Yosemite International Airport would require Form 7460 to be filed with the FAA as per the Part 77 Objects Affecting Navigable Airspace. 4) THE REDEVELOPMENT AGENCY a) The Redevelopment Agency has reviewed Site Plan Review Application No. S-07-104 and recommends that the application be approved subject to the following conditions to insure compliance with the Airport Area Revitalization Plan ("the Plan") and the Industrial Development Design Guidelines ("the Guidelines"), as adopted by the City Council and Board of the Redevelopment Agency of the City of Fresno: i) Comply with the requirements and standards of the adopted Redevelopment Plan and the Industrial Development Design Guidelines. ii) Any corrected site plan, elevations and landscape plan shall be submitted to the Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 10 Agency for final review and approval. (Please add this note to the site plan.) iii) Screen all storage areas, generators and equipment from public view with landscaping, solid decorative walls or fences, or a combination of landscaping and decorative walls or fencing as may be approved by the Agency. iv) Landscaping and automatic irrigation systems shall be provided in accordance with Subsection 23, Water Efficient Landscape Standards, and Subsection 24, Landscaping, Section 12-306-N of the Fresno Municipal Code. (Please add this note to the site plan.) v) Pursuant to the Guidelines, all landscape material shall be properly maintained to assure continual, healthy plant growth. Any unhealthy or dead landscape material shall be removed and replanted in accordance with landscape plans approved by the Agency. (Please add this note to the site plan.) 5) ZONING a) Development is proposed in accordance with the existing M-1 (Light Manufacturing District) zone district. All future uses shall be subject to review pursuant to Section 12- 226 of the FMC. b) Rezone Application No. R-98-31 reclassified the subject property from C-6 (Heavy Commercial) to the M-1/cz (Light Manufacturing/conditions of zoning) zone district. Conditions of zoning placed the following requirements on the subject site: i) Manufacturing uses in the 70-75 CNEL noise contour, noise level reduction of 25dBA must be reached in those portions of the building where the public is received, in office area, and noise sensitive areas where normal noise levels are low. ii) No structure, tree, or other object shall be permitted to exceed the height limits established in accordance with Part 77, Subpart C, of the Federal Aviation Regulations (FAR). iii) An Avigation Easement shall be required as described in the ALUC's Fresno Air Terminal Land Use Policy Plan. iv) Development shall not be permitted within the 75+CNEL Noise Contour. v) Upon development of each parcel within the subject property, a 6-foot high fence/wall shall be constructed along any portion of the lot that is adjacent to the golf course. The wall/fence shall be green in color and shall be uniform throughout the subject property, as approved by the Development Director. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 11 6) POPULATION DENSITY a) No requirements. 7) BUILDING HEIGHT a) The proposed building height structure is 30 feet which is within the maximum allowable building height of 50 feet per Section 12-226.5-d-1 of the FMC. 8) LOT COVERAGE a) No Requirements. 9) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Provide the following minimum building setbacks: i) 15 feet along East Dakota Avenue (Redevelopment Agency of the City of Fresno Industrial Development Design Guidelines) ii) 23 feet-9 inches along Pierce (a private drive) iii) 10 feet along the west property line (As depicted on Exhibit A, dated June 8, 2007) iv) 20 feet along the north property line (As depicted on Exhibit A, dated June 8, 2007) b) Provide the following minimum landscaped areas: i) 15 feet along East Dakota Avenue (Redevelopment Agency of the City of Fresno Industrial Development Design Guidelines) ii) 10 feet along Pierce (a private drive) iii) 0 feet along the west property line (As depicted on Exhibit A, dated June 8, 2007) iv) 7 feet-2 inches along the north property line (As depicted on Exhibit A, dated June 8, 2007) c) All landscaping shall comply with the Anti-Graffiti Landscaping, Landscaped Buffer Development and Planting Standards, attached d) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. e) 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.) f) The number of trees will be determined by the following formula: Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 12 Provide one (1) medium size tree for every two (2) parking spaces (Section 12-306-N- 24-g-3 of the FMC). 90 parking spaces depicted on Exhibit A = 45 medium sized trees required NOTE: Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. g) 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. h) 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. 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.) 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.) 10)SPACE BETWEEN BUILDINGS a) No requirements. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 13 11) 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.) d) Upon development of each parcel within the subject property, a 6-foot high fence/wall shall be constructed along any portion of the lot that is adjacent to the golf course. The wall/fence shall be green in color and shall be uniform throughout the subject property, as approved by the Development Director. 12)OFF-STREET PARKING a) There are 90 parking spaces shown on Exhibit A, dated June 8, 2007. The required number of parking spaces will be determined upon the receipt of a letter, signed by the owner, or lessee, stating the future operations of the proposed shell buildings. b) Given that no tenants have been identified for buildings 1, 2 and 3, future tenants, including tenant improvements shall be reviewed to ensure adequate parking pursuant to Section 12-226.5-1 (off-street parking) of the FMC. Note that the amount of parking will limit future uses. All uses listed in Section 12-226.5 of the FMC may not be permitted unless adequate parking is provided. For uses listed in Sections 12-225.1-b and 12-226.1-b of the FMC, the parking provisions of Section 12-222.5-1 of the FMC shall apply. For all other uses, Section 12-226.5-1-2 of the FMC shall apply. c) The applicant has identified general office uses for building number 4 requiring one (1) square foot of parking area for every one (1) square foot of office space. The applicant proposed 11,000 square feet of general office uses for building number 4 requiring 30 parking spaces. The applicant has depicted 90 parking spaces on Exhibit A, dated June 8, 2007. d) Outdoor storage of materials, including ISO containers is prohibited. All materials shall be stored within a completely enclosed building. e) The parking lot design must accommodate the provision of trees in accordance with the attached Parking Lot Shading Policy. f) A minimum of 4 automobile handicap parking spaces are required for the proposed industrial complex development per State of California Building Code, "Development Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 14 Requirements for Handicapped Accessibility." Exhibit A, dated June 8, 2007 depicts seven (7) handicap parking spaces which exceeds the minimum requirement. g) All handicapped stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) h) All handicapped parking stalls shall be placed adjacent to facility access ramps or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. (Include this note on the site plan.) i) 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. j) The number of bicycle parking spaces shall be equal to 10% of the automobile parking spaces provided, but not to exceed a total of 10 bicycle stalls, which may be located indoors per Section 12-306-1-2.1-C of the Fresno Municipal Code. There shall be bicycle parking spaces adjacent to the proposed office building. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. Spaces shall be provided in accordance with Section 12-306-1-5d of the Fresno Municipal Code. 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 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. A total of nine (9) spaces are required. (Depict these spaces on the site plan.) 13) LOADING SPACE REQUIREMENTS a) Provide a minimum of four (4) loading spaces; one (1) for the proposed 11,000 square foot building and three (3) for the warehouses. Exhibit A, dated June 8, 2007 depicts three (3) loading spaces; an additional loading space is required. The Loading Space shall be constructed and maintained in accordance with Section 12-306-L of the FMC. b) If the proposed tenant will not be receiving deliveries from trucks, tractors or trailers weighing over two tons then the requirement for a loading space may be waived by the Planning and Development Department Director. The applicant shall submit a letter, requesting a waiver of the loading space requirement, signed by the property owner or authorized agent, describing the type and frequency of expected deliveries to the site. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 15 14)ACCESS a) Pursuant to Policy C-20-d of the Fresno General Plan, provide defined pedestrian access adjacent to the proposed drive approaches onto East Dakota Avenue and Pierce (a private drive). Indicate walkways and material on the site plan. b) Vehicular and/or pedestrian access shall be provided and shall remain clear at all times. 15) ADDRESSING a) Building 1: 4991 East Dakota Avenue Building 2: 4993 East Dakota Avenue Building 3: 4999 East Dakota Avenue Building 4: 5001 East Dakota Avenue 16) NOISE a) Pursuant to Section 10-301 of the FMC, noise levels for industrial zoned properties shall not exceed 70 decibels 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.) 17) OUTDOOR ADVERTISING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) Should additional signs be required, the applicant must submit for a Sign Review Permit. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. 18) IMAGE/ SITE AND BUILDING DESIGN a) Pursuant to Policy's in the 2025 Fresno General Plan, C-20-g. Policy: Standards and guidelines shall ensure that metal buildings function as an acceptable and economical form of structures in specially defined areas, including areas adjacent to existing residential neighborhoods, along gateways, and areas adjacent to listed historic structures. i) New buildings with metal walls or metal walls or metal buildings shall have appropriate finishes. ii) Improve metal building appearance by use of steeper roof slopes and fascias, defined entryways, contrasting colors, concealed fasteners, parapet walls, and other treatments. iii) Screen all unsightly mechanical equipment with parapet walls, mechanical wells, or Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 16 other means. Roof vent color should match that of the roof. The distinctive pattern of ribs and joints in standing seam and other metal roofing materials should coordinate dimensionally with similar elements on exterior walls. iv) The shape and slope of roof forms can enhance character and scale and should blend with surrounding buildings. v) Roof and wall colors, when appropriate, should also be coordinated with those on surrounding facades. 19) COVENANTS AND AGREEMENTS a) Exhibit A, dated June 8, 2007 depicts four (4) subject parcels. Upon recordation of a parcel map a cross access agreement shall be recorded. b) Upon recordation of any future subdivision of the subject property, a covenant, running with the land, shall be recorded, prior to final occupancy, between Buildings 1, 2, 3 and 4 to ensure that there are uniform design features pertaining to the building elevations and landscaping of-the entire subject property. PART E - CITY AND OTHER SERVICES PUBLIC WORKS DEPARTMENT -TRAFFIC ENGINEERING 1) Comply with the attached memorandum dated October 15, 2007 and comments depicted on Exhibit A, dated June 8, 2007. SOLID WASTE MANAGEMENT 2) Comply with the attached Solid Waste Management memorandum, dated June 19, 2007. FIRE PROTECTION REQUIREMENTS 3) Comply with the attached Fire Department memorandum, dated June 25, 2007. FLOOD CONTROL REQUIREMENTS 4) Comply with the attached Fresno Metropolitan Flood Control District Notice of Requirements, dated July 3, 2007. Contact Fresno Metropolitan Flood Control District for further explanation regarding their requirements at (559) 456-3292. Notice fee requirement. STREET TREE REQUIREMENTS 5) Comply with the attached Department of Public Works memorandum, dated June 28, 2007. 6) For street tree species and other requirements contact the Public Works Division, Hilary Kimber at (559) 621-8794. Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 17 DEPARTMENT OF PUBLIC UTIILITIES 7) Comply with the attached Department of Public Utilities memorandums, dated June 19, 2007 and June 28, 2007. FRESNO AIRPORTS 8) Comply with the attached undated Fresno Yosemite International Airport memorandum. FRESNO COUNTY ENVIRONMENTAL HEALTH 9) Comply with the attached Fresno County Department of Community Health memorandum, dated June 25, 2007. FRESNO REDEVELOPMENT AGENCY 10) Comply with the attached Redevelopment Agency of the City of Fresno memorandum, dated June 28, 2007. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 11)Comply with the attached San Joaquin Valley Air Pollution Control District memorandum, dated June 26, 2007. FRESNO IRRIGATION DISTRICT 12)The Fresno Irrigation District has no comments at this time. SCHOOL FEES 13) Comply with the Fresno Unified School District memorandum, dated June 25, 2007. 14) School fees must be paid, if required, prior to the issuance of building permits. Contact Fresno Unified School District. Provide proof of payment (or no fee required) prior to the issuance of building permits. DISTRICT 4 ADVISORY COMMITTEE 15)The District 4 Advisory Committee reviewed and recommended approval on July 16, 2007. 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 and the following: 1) Provide a color and material schedule on the site plan, as well as on the elevations, for the Conditions of Approval Site Plan Review Application No. S-07-104 November 2, 2007 Page 18 exterior of all buildings and structures. 2) 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 70 Ldn measured at the nearest property line. (Include this note on the site plan.) 3) 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.) 4) 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 California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological 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.) 5) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 6) Submit a detailed landscape and irrigation plan to the Planning and Development Department, Planning Division, prior to final sign off. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Development Director within 15 days. KAMaster Files-200TSMS-07-104,5006 E. Dakota, ind and warehs, McMS-07-104 COA.doc Conditions of Approval Vesting Tentative Parcel Map No. 2008-05 August 01, 2008 Page 13 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 development * Deferrable through Fee Deferral Covenant. Due at time of subdivision. t Due at occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2008-05 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: JB Development 5228 East Pine Street, Suite A Fresno, CA 93727 PROJECT LOCATION: Northwest corner of the intersection of East Dakota and North Pierce Avenues. (APN: 493-020-18) PROJECT DESCRIPTION: Vesting Tentative Parcel Map No. 2008-05 request authorization to subdivide approximately 4.5 acres of M-1/cz (Light Manufacturing District/with conditions of zoning) zoned property for the purposes of a four-lot industrial planned development. The proposed subdivision is consistent with the Light Industrial planned land use designation of the 2025 Fresno General Plan, McLane Community Plan, Fresno Yosemite International Airport and Environs Plan, and South Fresno Industrial Revitalization Redevelopment Plan. This project is exempt under Sections 15315 and 15332 (Class 15/Minor Land Divisions and Class 32/In-Fill Development Projects) of the California Environmental Quality Act(CEQA) Guidelines. EXPLANATION: Section 15315 (Class 15/Minor Land Divisions), exempts from the provisions of CEQA the division of property in urbanized areas zoned for residential,commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning,no variances or exceptions are required, all services and access to the proposed parcels to local standards are available,the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Section 15332 (Class 32-In-Fill Development Projects), exempts from the provisions of CEQA projects characterized as in-fill development wherein the project is consistent with the applicable general plan designation and all applicable general plan poliies as well as with applicable zoning designation and regulations; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, the site can be adequately served by all required utilities and public services. Date: August 01, 2008 Prepared By: Will Tackett, Planner III Submitted by: n, /� Darrell Unruh Planning Manager 13 ONS383 'N8310 ADO City of Fresno O •1{ wn , _ SAp 800Z Planning and Development Department (559) 621-8277 Randy R. Bruegman Fire Chief Bureau of Fire Prevention and Investigative Services 450 M Street Fresno, California 93721-3083 F j R (559) 621-4000 FAX (559) 498-4323 www.fresno.gov DATE: June 10, 2008 TO: Will Tackett, Planner III Planning and Development Department FROM: Rick Fultz, Senior Fire Prevention Inspector Fire Department SUBJECT: 5001 E Dakota, Proposed Tentative Parcel Map 2008-05 The Fire Department has completed a review of the Proposed Tentative Parcel Map 2008-05. The following requirements and conditions are to be placed on this Tentative Parcel Map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fresno City Fire Station No. 10. Other site access and hydrant issues will be addressed on Site Plan or CUP review. "To protect and serve and to put service above all else." L 'f OFFICES OF tz� S I O �T��a �I►- i�R� C� s—.. PHONE(559)233-7161 -8227 - � .. 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water June 12 2008 JUN 17 2008 Planning Division Mr. Will Tackett Planning & Development Dept City of Fresno CITY OF FRESNO Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Tentative Parcel Map 2008-05, APN: 493-020-18 NW Dakota& Pierce Avenues Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Tentative Parcel Map 2008-05 located at the NW corner of Dakota& Pierce Avenues which has no impact on FID facilities. FID does not object to the proposed development with the following comments: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 319 or jshieldsafresnoirrigation.com. Sincerely, !vtv_U James Shields Engineering Technician II GAAgencies\City\Tentative Parcel Map\2008-05.doc BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO City of ■—wlC-ri• i4►� Planning & Development Department 2600 Fresno Street, Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1026 Date: June 05, 2008 PLEASE RESPOND BY: July 07, 2007 FROM: Will Tackett, Planner III APN: 493-020-18 ADDRESS: 5001 East Dakota Avenue SUBJECT: REVIEW OF PROPOSED TENTATIVE PARCEL MAP DESIGN FOR VESTING TENTATIVE PARCEL MAP NO. 2008-05 PERTAINING TO APPROXIMATELY 4.51 ACRES OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST DAKOTA AND NORTH PIERCE AVENUES TO: PLANNING AND DEVELOPMENT DEPARTMENT Darrell Unruh (McLane Community Plan) Alan Kawakami Rick Sommerville Jon Bartela Jerry Bishop ' ' REDEVELOPMENT AGENCY Terry Cox(Airport Area Revitalization Redevelopment Plan) PUBLIC WORKS DEPARTMENT Plan Check and GIS Mapping - John Allen Special Districts/Projects and Rights of Way - Hilary Kimber Transportation - Bryan Jones/Louise Gilio AIRPORTS PROJECTS SUPERVISOR Danny Yrigollen/Nathan Sanchez(Fresno Yosemite International Airport and Environs Plan) DEPARTMENT OF PUBLIC UTILITIES Doug Hecker Neil Montgomery FIRE DEPARTMENT Rick Fultz/Randi Eisner DEPARTMENT OF TRANSPORTATION (CALTRANS) FRESNO UNIFIED SCHOOL DISTRICT FRESNO METROPOLITAN FLOOD CONTROL DISTRICT AT&T, ATTN: Don Daily PACIFIC GAS AND ELECTRIC COMPANY FRESNO IRRIGATION DISTRICT COUNTY OF FRESNO City of IIIPlanning & Development Department 2600 Fresno Street • Third Floor Please Reply To: Fresno, California 93721-3604 Will Tackett (559) 621-8277 FAX (559) 498-1026 (559) 621-8063 VESTING TENTATIVE PARCEL MAP REVIEW NO. 2008-05 DATE: 6/5/2008 TO: FRESNO IRRIGATION DISTRICT Please review the attached Vesting Tentative Parcel Map No. 2008-05 and make your comments below: This is your opportunity to determine necessary easements for the installation of your facilities. Please locate any required easement on the attached map and identify necessary widths. Also, can the required easement be multi-use or common trench? NOTE: F.M.C. 12-1011 requires overhead utility lines to be placed underground, except for major transmission lines, within the site and along street frontages. Some exemptions also are available for infill areas. Return this for to: Will Tackett, Planner III, Planning Division, Current Planning Section. Should you have any questions call me at the number listed above. COMMENTS: �� ,/i►� �ff�T /�7 f i L> >L�C�L� Ti�S� File No. 210.41 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager JB Development Planning& Development Department 5228 E. Pine St. Suite A City of Fresno Fresno, CA. 93727 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2008-005 PRELIMINARY FEE(S).(See below) DRAINAGE AREA(S) " U " " - " DRAINAGE AREA If , U If $1,392.00 DATE �9 gyp_ p 8 DRAINAGE AREA - it - TOTAL FEE $1,392.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee O indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. O Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that 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. coos-oo5 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 Dakota Avenue. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: 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.) zoos-oos 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. Eq 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 O larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources 0 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, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2008-005 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. S. 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: Yamabe & Horn Engineering Inc. 1300 E. Shaw Ave. Suite 176 Fresno, CA. 93710 2008-005 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks,depressed areas,and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contract the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. TPM 2008-005 engr\permit\exh ibi t2\city-tpm\2008\2008-005(ns) City of DEPARTMENT OF PUBLIC UTILITIES Date: June 10, 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 PM-2008-05 General Vesting Tentative PM-2008-05 proposes approximately 4.51 acres of property located on the northwest corner of the intersection of East Dakota and North Pierce Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are a 12-inch sewer main located in East Dakota Avenue and a 10-inch main located on the westerly boundary of the proposed project. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Parcel Map shall call out"20' easement to be dedicated for sanitary sewer purposes" for the existing 10-inch sewer main along the westerly boundary of parcels `B' thru `D'. Current call out as "proposed" will not be accepted. 2. A cross access agreement shall be submitted, allowing parcel `A' sanitary sewer access to the existing 10-inch sewer main along the westerly boundary of parcel `B'. 3. Separate sewer house branches are required for each new lot created. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge C I V I L E N C I N E E R 5 L A N D 5 U R V E Y O R 5 1300 E. Shaw Ave., Suite 176 • Fresno, CA 93710 (559) 244-3123 • FAX (559) 244-3120 7-1 August 20, 2008 `` Nick Yovino, Director L Planning & Development Department Cit of Fresno F`anninc Qivi�ion Y Fl..nn � �i�if.-ntDept 2600 Fresno Street-Third Floor CiTY Or'=�� ''�' Fresno, Ca. 93721-3604 Subj ect: Conditions of Approval Tentative Parcel Map No. 2008-05 (APN: 493-020-18) As the authorized representative of the applicant, JB Development, 5228 E. Pine Street, Suite A, Fresno, Ca. 93727, we hereby appeal the following conditions of approval dated August 1, 2008, for Vesting Tentative Parcel Map No. 2008-05, a Planned Development. Specific conditions: 23. Street Names; North Pierce Avenue (delete). We are requesting the use of"North Pierce Avenue (Private Street)" for identifying the location of the project properties. In our conversations with USPS, Fire and Police the use of"North Pierce Avenue" is preferred. 27. Major Streets, Dakota Avenue; Existing Drive Approach is depicted and utilized on Site Plan S-07-104 for access. We are requesting that it remain. 28. Sanitary Sewer Requirements; Paragraph prior to Condition 28 does not reference the subject parcel. Nearest sanitary sewer should be along Westerly boundary as stated in COA 28. 32. Sewer Connection Charges; Fees were paid for SPR S-07-104. We are requesting the required fees for TPM 2008-05 be re-calculated. 37. Fresno Metropolitan Flood Control District; Fees were paid for S-07-104. We are requesting the required fees for TPM 2008-05 be re-calculated. 38. Fresno Yosemite Interriational Airport; There was no attachment as stated. 39. Public Works, Landscaping; Required Trees were included in Site Plan S-07-104. We are requesting that this condition be removed since it is a requirement of the Site Plan. Sincerely, Ti L__ David C. Horn, PE, LS cc:Brad Koach,JB Development. F:\2007\07-300\Word Docs\07300LTR-COA.doc City of WA TER DIVISION Date: June 20, 2008 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 Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2008-05 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. TAPROJMIMEMConditons of ApprovaRPM 2008-05 062008.doc BOARD OF EDUCATION Tony Van„Ed.D.,President I Valerie F.Davis,Clerk n Michelle A.Asadoorian Lindsay Cal Johnson Fresno Unified Carol Mills,J.D. Manuel G.Nunez School District Janet Ryan SUPERINTENDENT Preparing Career Ready Graduates Michael E.Hanson June 17, 2008 JUN 2 7 2008 Planning Division Will Tackett, Planner II Planning & Development Dept City of Fresno CITY OF FRESNO Planning& Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 SUBJECT: REVIEW OF PROPOSED VESTING TENTATIVE PARCEL MAP NO. 2008-05 (APN#493-020-18) Dear Mr. Tackett, In response to your request for review and comment on the Vesting Tentative Parcel Map Review No. 2008-05, Fresno Unified School District submits the following; Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity. The District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50's Level 1,2 and 3 developer fee legislative scheme. Any new development on the subject property or conversion of non-habitable to habitable space is subject to development fees of $2.63 per square foot for residential development. This fee is scheduled to increase to $2.97 per square foot for residential development on July 14, 2008. 1 Attendance area information: The project is presently within the attendance areas of the schools identified below. Elementary School: Viking Intermediate School: Scandinavian High School: McLane Transportation will be available for students attending the above identified elementary, in-ter.m. ediate and high schools in accordance with District standards in effect at the time of enrollment. he cow of tu a-sponation is currently $41.50 per hour. The cost of providing transportation services to students from the project will add to District transportation expenses. 230-0 And aStrfW • Frd=w Ca 93721 2287 • in— reser -U2xa us Page 2 Mr. Tackett, Planner 11 Review of proposed Vesting Tentative Parcel Map No. 2008-05 (APN#493-020-18) Thank you for the opportunity to comment. Please contact me at 457-3074 if you have any questions or require additional information regarding our comments. Sincerely, Lisa LeBlanc,Executive Director Facilities Management and Planning C: File (2) City of rrk DATE: June 26, 2008 TO: Will Tackett, Planner III Development Department, Planning Division, Cu ent Planning THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio FROM: Gregory A. Jenness, Senior Engineering Technician Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2008-05, Public Works Conditions of Approval Location: 5001 East Dakota Avenue Owner: JB Development TENTATIVE PARCEL MAP REQUIREMENTS: This map is incomplete. Please provide the following information prior to perfection: 1. Provide a detail of the northwest corner of North Pierce Avenue and East Dakota Avenue, identify 4' ADA path of travel. Additional dedication maybe required to accommodate this required path of travel. STREET IMPROVEMENT REQUIREMENTS The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Construct or install the required improvements, or contact Gary Witzel at (559) 621-8725 to enter into a bonded secured agreement for these improvements. This must be executed prior to perfection of this parcel map. General Conditions • Repair or replace all existing damaged and/or off-grade offsite concrete improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5500. • Submittal of engineered construction plans to the Planning and Development Department for approval must be made 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. Page 1 of 2 T:\TRAFFIC ENGINEERING\Trafc Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\2008\PM 2008-05\PM 2008- 05 5001 E.Dakota.doc • 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: East Dakota Avenue: Collector(80') 1. Remove existing concrete curb ramp and construct curb ramp per Public Works standard P-29. 2. Remove existing driveway approach and reconstruct with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall comply with City Public Works Standard P-5. North Pierce Avenue: Private No conditions Traffic Impact Study This development will generate a total of 25 a.m. /28 p.m. peak hour trips and generate a count of 284 Average Daily Trips (A.D.T.), based upon the following: Land Use Size Avera-e Daily Tris ADT AM Pk Hour PM Pk Hour Lot A-Warehouse 11,892sf. 59 5 5 Lot B -Warehouse 13,028sf. 65 6 7 Lot C -Warehouse 16,074sf. 80 7 8 Lot D -Warehouse I 16,074sf. 1 80 1 7 1 8 A Traffic Impact Study is not required. Page 2of2 T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\2008\PM 2008-05\PM 2008- 05 5001 E.Dakota.doc DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III Planning Department FROM: Hilary Kimber, Parks Supervisor H (559.621.8794) Public Works, Engineering Division DATE: June 19, 2008 SUBJECT: Tentative Parcel Map 2008-05 The Department of Public Works offers the following comments regarding TPM 2008-05 5001 East Dakota Avenue, on plans drawn by from Yamabe &Horn, dated May 15, 2008: 1. The Public Works Department requires one street tree be planted for every 60 feet of street frontage. This project requires a total of five (5) street trees on E. Dakota Avenue. There is an existing 10' sidewalk pattern. Street trees can either be installed in 4'x6' tree wells as per Standard Specifications and Drawings P-9 Detail or trees planted within ten foot of the back of the sidewalk will count towards the street tree requirement. 2. N. Pierce is a privately owned street and no street trees are required. 3. The approved street tree variety is as follows: There is no designated street tree for East Dakota Avenue. Please choose a tree from the List of Approved Street Trees. 4. Public Works, Engineering Division requests a landscape and irrigation plan to be submitted at the scale of 1"=20' for these two street trees. REDEVELOPMENT AGENCY OF THE CITY OF FRESNO 2344 Tulare Street, Suite 200, Fresno, CA 93721 • (559) 621-7600 Application No.: TPM #2008-05 (Will Tackett) Date: 6-25-08 Assessor Parcel No.: 493-020-05 Reviewer: Richard Yee, Site address: 5001 East Dakota Avenue Planner III Redevelopment Area: Airport Area Revitalization Senior Project Coordinator Telephone: 621-7614 Agency Staff Comments and Recommendations: TPM #2008-05 IS SUBJECT TO THE FOLLOWING CONDITIONS 1. The property identified in Tentative Parcel Map (TPM) No. 2008-05 is located in the adopted Airport Area Revitalization Project Area and is subject to all requirements of the Redevelopment Plan, including the potential acquisition of property through the eminent domain process. 2. Redevelopment Agency supports the proposed subdivision of land represented by TPM No. 2008-05 and recommends approval provided that the parcels (in TPM No. 2008-05) are consistent with the "Property Development Standards" of Section 12-226.5 of the "M-1"/cz Light Manufacturing District in the City of Fresno Zoning Ordinance. 3. Development of the parcels created by TPM No. 2008-05, shall be in conformance with all requirements of the City of Fresno Zoning Ordinance and the Redevelopment Agency of the City of Fresno Industrial Development Design Guidelines (adopted August 2003). 4. Agency recommends, when development occurs, a uniform 20 feet landscaped setback be required along the North Pierce Avenue frontages of the Parcels to ensure the continuality of the street frontage and to provide a visual screen for the developments. 5. The proposed subdivision of land shall be in accordance with the tentative parcel map (or as revised by the City of Fresno) submitted as Tentative Parcel Map No. 2008-05. PLEASE MAKE APPLICANT AWARE OF AGENCY COMMENTS J U LY 7, 2008 TO: WILTACKETT, Planner III — Planning & Development FROM: L. NATHAN SANCHEZ, Senor Engineering Technician —Airports SUBJECT: FYI AIRPORT AND ENVIRONS PLAN ANALYSIS FOR TENTATICE PARCEL MAP 2008-05— NORTHWEST CORNER OF DAKOTA AND PEARCE AVENUES The subject property is located on the north side of Dakota Avenue and west of Pearce Avenue. The proposed project is approximately 1,300 feet north of runway 11 L-29R of the Fresno Yosemite International Airport. Due to the location of the parcels there are several policy criteria in the FYI Airport and Environs Plan (PLAN) to apply when developing. This analysis applies only to a retail commercial and industrial uses on the above referenced property. Refer to Exhibit B for applicable excerpts from the PLAN. NOISE POLICY Table E-1 (Airport/Land Use Noise Compatibility Criteria) of the PLAN identifies land use compatibility within a specific Community Noise Equivalent Level (CNEL). This property lies mainly within the 70-75 CNEL range. A Proposed Office, Retail Commercial are considered NORMALLY UNACCEPTABLE if located within the 70-75 CNEL range. A Proposed Service Commercial, Wholesale Commercial, Warehousing, Light Industrial are considered CONDITIONALLY ACCEPTABLE if located within the 70-75 CNEL range. General Manufacturing, Utilities, Extractive Industrial are considered NORMALY ACCEPTABLE if located within the 70-75 CNEL. The following are definitions of the Land Use Acceptability classifications that are identified above: NORMALLY UNACCEPTABLE. Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or which would Page 1 of 2 FYI Airport and Environs Plan ANALYSIS for Pilobos Land Donation/Community Center& Park December 17, 2007 Pages 2 of 3 • involve outdoor activities which would be disrupted by noise should generally be avoided. • CONDITIONALLY ACCEPTABLE. The indicated noise exposure will cause moderate interference with outdoor activities and with indoor activities when windows are open. The land use is acceptable, on the conditions that outdoor activities are minimal and that construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be kept closed). Under other circumstances, the land use should be discouraged. • NORMALLY ACCEPTABLE. Noise is a factor to be considered in that slight interference with outdoor activities may occur. Conventional construction methods will eliminate most noise intrusions upon indoor activities. AIR SPACE PROTECTION POLICY All structures must also comply with the Federal Aviation Administration's (FAA) Part 77 Objects Affecting Navigable Airspace imaginary surfaces height requirements. Proposed structures greater than 13 feet in height are required to file Form 7460 "Notice of Proposed Construction or Alteration" with the FAA. AVIGATION EASEMENT AND AGREEMENT POLICY An Avigation Easement will be required for this project (required for all development proposals within the 65 CNEL contour). Page 2 of 2 hXnlbIT h ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND IMTIATED BY MOVED BY,gteitz SECONDED BY aonquitto BILL NO. s-114 ORDNANCE NO. __98::Ioi AN ORDNANCE AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE,CHAPTER 12,OF THE FRESNO MUNI CODE,BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code; the Director of the Development Department of the City of Fresno found the proposed rezoning in conformance with adopted plans and policies of the City and recommended to the Council of the City of Fresno an amendment to the Zoning Ordinance which changes the real property described hereinbelow from one zone to another. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interests of the City of Fresno. The Council finds that with the implementation of the mitigation measures defined within the Initial Study for Environmental Assessment No.A-98-21,R-98-31,there is no substantial evidence in the record that the rezoning mai.-have a sigmif cant effect on the environment. and the mitieated negative declaration prepared for this project is hereby approved. The above mitigation measures shall be incorporated in the project, implemented and monitored as sner_ified in the monitoring checklist for J Ordinance Amending Office Zone Map A-98-21 and R-98-31 -Paize 2 December 8, 1998 Assessment No. A-98-21, R-98-31. The Initial Study for Environmental Assessment No. A-98-21, R-98-31 and monitoring checklist are incorporated into this ordinance and compliance therewith is made a condition of this rezoning. SECTION 2. The zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the C-P/cz to the M-1/cz zone district: Parcels A through M of Parcel Map No.86-05 in the City of Fresno, County of Fresno,State of California, according to the map thereof recorded in Book 46, pages 12, 13, and 14 of Parcel Maps, in the office of the County Recorder of said County. Parcels A through T of Parcel Map No. 86-06, in the City of Fresno, State of California, according to the Map thereof recorded in Book 46, Pages 3, 4, and 5 of Parcel Maps; in the office of the County Recorder of said County. Parcel E of Parcel Map No. 34-33 in the City of Fresno,State of California,according to the map thereof recorded in Book 42, Page 57,of Parcel Maps, Fresno County Records. SECTION 3. The zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the C-6 to the M-1/cz zone district: Parcel F of Parcel Map No. 84-33 in the Cite of Fresno.State of California. according to the map thereof recorded in Book 42, Page 37, of Parcel Maps, Fresno County Records. SECTION 4. This ordinance shall be conditioned upon the record owners of the propem, described in Sections 2 and 3 executine and causing to be recorded a covenant running with the land guaranteeing the following conditions on the subject propern-. ' i - Ordinance Amending Of ictal Zone Map , A-98-21 and R-98-31 Page 3 December 8, 1998 1. An Acoustical Study shall be prepared for any commercial uses within the 60-70 CNEL Noise Contours and manufacturing uses within the 65-70 CNEL noise contours to determine if additional insulation should be added to sensitive occupancy areas. For both commercial and manufacturing uses in the 70-75 CNEL noise contour. noise level reductions of 25dBA must be reached in those portions of the building where the public is received, in office areas,and noise sensitive areas where normal noise levels are low. 2. No structure, tree, or other object shall be permitted to exceed the height limits established in accordance with Part 77,Subpart C,of the Federal Aviation Regulations (FAR). 3. An Avigation Easement shall be required as described in the ALUC's Fresno Air Terminal Land Use Policy Plan. 4. Development shall not be permitted within the 75+ CNEL Noise Contour. 5. Upon development of each parcel within the subject property,a 6-foot high fence/wall shall be constructed along any portion of the lot that is adjacent to the golf course. The wall/fence shall be green in color and shall be uniform throughout the subject property, as approved by the Development Director. l .f f s� Ordinance Amending OAR,, I Zone Map A-98-21 and R-98-31 • Page 4 December 8, 1998 SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage, and upon compliance with the requirements of Fresno Municipal Code Sections 12-403-K and L. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 15th day of December 1998, by the following vote: Ayes: Boyajian, bredefeld, Quintero, Ronquillo, Steitz Noes: None Absent: Perea, Mathys ABSTAIN: None Dated this 12/15 1998. REBECCA E. KLISCH City Clerk APPROVED AS TO FORM: 769 HILDA CANTU MONTOY Deputy— City e -City Attorney By �.� Application No. R-98-21 ,,� j Filed by Don Pickett � r1' 61 Parcel No. 493-020-18 =193-061-01 thru 13 493-062-01 thru 19 DEB:frg:lel:IK:iCummonlCCl l-93-21.ORD r CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO } On 3 / 3 1999, before me, Jocelyn Gueret, personally appeared Alvin P. Solis, Development Department Director, known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)are subscribed to the within instrument and acknowledsed to me that he/shelthey'executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures)on the instrument(s)the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH CITY CLERK BY: PA-PUTY