Loading...
HomeMy WebLinkAboutPM 2008-13 - Conditions of Approval - 3/22/2013 City of Development&Resource Management Department 2600 Fresno Street *Third Floor Mark Scott Fresno, California 93721-3604 Interim Director (559) 621-8277 FAX (559) 498-1026 July 07, 2011 Please real�to: Will Tackett (559) 621-8063 Fuscoe Engineering 16795 Van Karman, Suite 100 Irvine, California 92606 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2008-13 DATED OCTOBER 13, 2010, PROPOSING A 21-LOT COMMERCIAL PARCEL MAP FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WEST HERNDON AND NORTH BRYAN AVENUES. (APN[S]: 504-080-43, 504-091-07, 08-12 &28) The City of Fresno Development Services Division has completed its review of the subject parcel map dated October 13,2010. Pursuant to Section 12-1205 of the Fresno Municipal Code,this letter is written to advise you that the Conditions of Approval dated July 07, 2011, 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 Development and Resource Management Department. Appeals 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 Development and Resource Management Department prior to 5 p.m. on July 22, 2011. 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 a up to a two year 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 Development and Resource Management Department prior to 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. Cumulative discretionary extensions may not exceed an aggregate of six years. Fuscoe Engineering Vesting Tentative Parcel Map No.2008-13 July 07, 2011 Page 2 If you wish additional information, please contact the City of Fresno, Development and Resource Management Department, Development Services Division,2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues) or Will Tackett (planning or zoning issues). Should you have any questions regarding the conditions you must notify either Jon Bartel at (559) 621-8277 or Will Tackett at(559)621-8063 by July 22, 2011,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, DEVELOPMENT SERVICES DIVISION Will Tackett, Planner III Development & Resource Management Department Enclosures: Vesting Tentative Parcel Map No. 2008-13 dated October 13, 2010 Conditions of Approval dated July 07, 2011 CITY OF FRESNO DEVELOPMENT& RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JULY 07, 2011 VESTING TENTATIVE PARCEL MAP No. 2008-13 SOUTHWEST CORNER OF WEST HERNDON AND NORTH BRYAN 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. 2008-13, dated October 13, 2010, the subdivider may prepare a Parcel Map (Final) in accordance with the approved tentative parcel map. Note that a 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 Parcel 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 Parcel 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 Lot Line Adjustments are required in order to facilitate the proposed subdivision/map boundary. Lot Line Adjustment Nos. 2010-08 and 2010-09 have been filed with the City of Fresno for the subject property and shall be perfected prior to Parcel Map approval. PLAN CONSISTENCY The subject site is located within the boundaries and jurisdiction of the 2025 Fresno General Plan and Bullard Community Plan. On December 16, 2010 the Council of the City of Fresno adopted Resolution No. 2010-307 changing the planned land use designation for the subject property, for which Vesting Tentative Parcel Map No. 2008-13 was filed, to Regional Commercial. On December 16, 2010 the Council of the City of Fresno adopted Bill No. B-57/Ordinance No. Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 2 2010-59 rezoning the subject property from the AE-5/UGM(Exclusive Five Acre Agricultural/Urban Growth Management)and R-1/UGM (Single Family ResidentiaUUrban Growth Management)zone districts to the C-3/UGM (Regional Shopping Center/Urban Growth Management) zone district. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans the existing C-3/UGM (Administrative and Professional Office/Urban Growth Managemenbwith conditions ofzoning)zone district is consistent with the existing Regional Commercial planned land use designation for the subject property. DEVELOPMENT AGREEMENT On December 16, 2010 the Council of the City of Fresno adopted Bill No. B-58/Ordinance No. 2010-60 approving the Development Agreement, by and between the City of Fresno and John Allen Company, LLC relating to development of the subject property, for which Vesting Tentative Parcel Map No. 2008-13 was filed. 1. Development of the subject property shall be subject to the impact fees, dedications and improvements as stipulated within the terms, conditions and requirements provided in the afore mentioned Development Agreement. Where any inconsistencies or conflicts may exist between these Conditions of Approval contained herein and the terms or provisions of the Development Agreement, the stipulations of the Development Agreement shall prevail. a) Pursuant to Section 3.10.1 of the Development Agreement, Developer shall have the right to elect to submit to the City for processing, approval and recording in the Official Records, either: (a)one final map covering all of the Permitted Parcels;or(b) more than one final map, each of which will cover some but not all of the Permitted Parcels. Any final maps submitted by Developer(collectively,the"Final Maps")shall be processed in accordance with Applicable City Rules and the California Subdivision Map Act(California government Code Section 66410, et seq.) i) Pursuant to Section 66463.1 of the Subdivision Map Act,the subdivider shall include a note within the title block of the tentative parcel map indicating that the map is, "A Phased Map". ii) If subdivider elects to submit more than one final map, the conditions below shall apply to the submitted final map and the subdivided parcel that is the subject of that submitted final map rather than the entire project area; except,as may otherwise be required pursuant to the dedication and improvement schedule and timelines as stipulated within the list of exactions (Exhibit"E") of the Development Agreement. • NOTE: The right of the subdivider to file multiple parcel maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple parcel maps; provided that such reasonable conditions are consistent and in accordance with the provisions of the Development Agreement. Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 3 ZONING 2. 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). MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS 3. Proposed Parcels "A"through "U," inclusive, of Vesting Tentative Parcel Map No. 2008-13 are consistent with the existing C-3 (Regional Shopping Cente� zone district subject to approval of a special permit for a planned development project. a) Conditional Use Permit Application Nos.C-08-172 shall be approved prior to recordation of the Parcel Map and shall include the property lines as proposed pursuant to Vesting Tentative Parcel Map No. 2008-02, dated October 13, 2010, thereby authorizing the creation of the commercial planned development. 4. In accordance with Section 12-1011(f)(6) every lot 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. i) In accordance with Section 12-219.5-J of the Fresno Municipal Code,there shall be adequate vehicular access from a dedicated and improved street, service road, or alley, to all lands within the C-3 zone district,the design of which shall be approved by the Director of Public Works. • NOTE: Under the planned development special permit authorized by Conditional Use Permit Application No. C-08-172, proposed lots within the boundary of Vesting Tentative Parcel Map No. 2008-13, which do not abut a public street, can satisfy the requirement that such lots have access to public street rights-of- way through the formulation of conditions, covenants and restrictions, recorded in the official records of Fresno County, establishing cross-access rights or easements over adjacent property and providing access for such lot to a public street. b) Execute a Mutual Easements and Reciprocal Use Agreement between Parcels "A" through "U" of Vesting Tentative Parcel Map No. 2008-13 dated October 13, 2010, inclusive. The Mutual Easements and Reciprocal Use Agreement shall, at a minimum, provide: (1) Mutual and reciprocal access to West Herndon, North Bryan, and to North Weber Avenue or any applicable public access easement provided for the purposes of access to the existing residential uses fronting onto North Weber Avenue if public street rights-of-way are vacated; (2) Shared parking; (3) Cross drainage; (4) Shared solid waste facilities (if applicable); and, (5) Provisions and obligations for retention and maintenance of access, utilities, fire suppression systems, facilities and improvements Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 4 on the subject property. i) Access, circulation, and parking on all of the properties to be included within, and made party to, the cross-access agreement shall be provided and maintained in accordance with approved entitlements for the respective properties (Conditional Use Permit Applications C-08-172);or,any revisions or amendments thereto,as may be approved by the Development and Resource Management Department. No modifications to said access or circulation may be made without prior approval from the Development and Resource Management Department. • NOTE: The conditions of the Mutual Easements and Reciprocal Use Agreement 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 5. 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, except as otherwise provided in Section 3.9 and Exhibit"H"of the Development Agreement. a) Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to recordation of the Parcel Map. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. • NOTE: In the event the structures do not comply they must be modified so as to meet the requirement. 6. All existing offsite overhead utilities within the limits of the tentative parcel map,including but not limited to, electrical systems, communication systems and street lighting systems shall Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 5 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. • NOTE: Section 12-1011 of the FMC exempts undergrounding of existing overhead wires and associated overhead structures used for conveyance of electrical energy at transmission voltages nominally in excess of 21,000 volts,or major transmission trunk communication lines. 7. 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. 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. 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. • NOTE: Telephone,cable,and other public utilities which propose above-ground facilities (such as cabinets) determined by the Development and Resource Management Department Director to be oversized shall be located in an additional easement area outside of the required landscape strip; or, if such facilities are to remain within the landscape strip, then such facilities shall be adequately screened with appropriate landscaping in a manner approved by the Development and Resource Management Department prior to installation. a) 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). 10. A minimum four foot wide clear path of travel is required along all street frontages of the property as required by Title 24 of the California Administration Code, current ADA regulations; and, as determined by the City Engineer. [NOTE: The City was to propose alternative language. See Condition 1(b) of Part C of the Conditions of Approval for the CUP/Variancej a) Provide for a minimum four(4)foot wide path of travel along the sidewalk(s)adjacent to the applicable subphase of the Project as required by Title 24 of the California Administration Code;and, in accordance with the dedication and improvement schedule Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 6 and timelines as stipulated within the list of exactions (Exhibit "E") of the Development Agreement. • NOTE: An on-site pedestrian easement and construction of a path may be required if Title 24 and ADA provisions cannot be met within the public rights-of- way. b) 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. c) Any existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. d) Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this parcel map. 11. Repair all existing damaged and/or off grade off-site concrete street improvements adjacent to the frontage of the parcels in the applicable subphase of the Project, and/or within the limits and scope of frontage improvements required respective to each applicable subphase of the project (pursuant to the dedication and improvement schedule and timelines as stipulated within the list of exactions[Exhibit"E"]of the Development Agreement referenced herein below),as determined by the City of Fresno Public Works Department,Construction Management Division, (559) 621-5600. 12. Existing driveway approaches not identified for current or future utilization shall be removed and sidewalk (when applicable), curb and gutter shall be installed to match existing or proposed street line and grade as determined by the City Engineer. 13. When street/safety lighting installations are required,street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type,location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 14. If not existing, street work on major streets shall be designed to include Intelligent Transportation Systems (ITS) conduit in accordance with the Public Works ITS specifications. 15. 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. 16. 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 Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 7 with the construction of off-site improvement requirements,shall be the responsibility and at the expense of the subdivider. 17. The subdivider may either construct or install required public 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 recordation of a Parcel Map (final). 18. 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. SPECIFIC CONDITIONS STREETS AND RIGHTS-OF-WAY 19. The following street names shall be corrected on the tentative and parcel maps: Street Name Status Required Change Herndon Ave Change West Herndon Avenue North Golden State Blvd Change North Golden State Boulevard Weber Ave Change North Weber Avenue North Bryan Ave Change North Bryan Avenue 20. Comply with all of the requirements and conditions stipulated within the attached Public Works Department, Engineering Division(Traffic Planning)memorandum dated December 01, 2010. • NOTE: None of the mitigation measures and/or requirements, referenced as having been set by the Department of Public Works, Traffic Engineer apply to the proposed project at the time of, or prior, to recordation of the Parcel Map. a) Full transit amenities, in accordance with Standards P-72, P-73 and E-35, are required for the proposed bus bay on North Bryan Avenue,which is located adjacent to Parcel"J" of Vesting Tentative Parcel Map No. 2008-13. i) Improvement plans for the bus bay shall be submitted to Fresno Area Express(FAX) for review and approval prior issuance of street work permits. 21. Except as may be otherwise provided in the Development Agreement, pursuant to Section 12-1206(c)(5) of the FMC, the subdivider shall provide for the installation of street trees, or payments in lieu of immediate installation of street trees and payment of street tree fees Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 8 applying to the subdivision or the division of land as designated in the Master Fee Schedule. Contact the Parks Supervisor, Hilary Kimber at (559) 621-1345 for further information. 22. Comply with all of the requirements and conditions stipulated within the attached memorandum from the Public Works Department relating to maintenance obligations and the Community Facilities Maintenance District dated September 20, 2010. SANITARY SEWER SERVICE The nearest sewer mains to serve the proposed project are a 12-inch main located in West Herndon Avenue, an 8-inch and a 12-inch main located in North Bryan Avenue, and a 48-inch and a 54-inch main located between West Sierra and State Route 99 . Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 23. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated October 25, 2010. WATER SERVICE The nearest water mains to serve the proposed project are a 14-inch main located in West Herndon Avenue at North Bryan Avenue,a 14-inch main located in North Bryan Avenue,and a 14-inch main located in North Veterans Boulevard. The following water improvements shall be required prior to providing City water service to the project: 24. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated October 21, 2010. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) 25. The subdivider shall be required to comply with all of the specific requirements imposed by the FMFCD for the subdivision or any amendments or modifications to those requirements, which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the FMC. These requirements are identified in the attached District's letter to the Planning and Development Department dated October 28, 2010. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 26. Comply with all of the requirements stipulated within the attached memorandum from the County of Fresno, Department of Public Health dated August 26, 2010. CITY OF FRESNO FIRE DEPARTMENT 27. Comply with all of the requirements stipulated within the attached memorandum from the City of Fresno Fire Department dated August 20, 2010. Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 9 PACIFIC GAS AND ELECTIC COMPANY (PG&E) 28. Comply with all of the requirements stipulated within the attached memorandum from PG&E dated September 27, 2010. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control Fee $95,476.00 SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge [2] S.T.E.P.** Service Area: Grantland d. Wastewater Facilities Charge [3] S.T.E.P.•• e. Fowler Trunk Sewer Interim Fee Surety [1] N/A f. Copper Avenue Sewer Lift Station Charge [1] N/A g. House Branch Sewer Charge [2] N/A h. Millbrook Overlay Sewer[1 J IV/A WATER CONNECTION CHARGES FEE RATE i. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. j. Frontage Charge [1] $6.50/lineal foot k. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main $243/gross acre Bond Debt Service Charge [1] (parcels 5 gross acres or more) Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 10 m. Water Supply Fee [2] $407/living unit equivalent* Service Area: 201 S n. Well Head Treatment Fee [2] $0/living unit equivalent* Service Area: 201 o. Recharge Fee [2] $0/living unit equivalent* Service Area: 201 p. 1994 Bond Debt Service [1] $0/living unit equivalent* Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE q. Fire Facilities Impact Fee—Citywide [4] - Commercial $236.00/1000 sq.ft. t r. Park Facility Impact Fee—Citywide [4] NIA s. Quimby Parkland Dedication Fee [2] NIA t. Citywide Regional Street Impact Fee [3] - Commercial Office $13,726.00/adj. acre - Commercial Retail $16,131.00/adj. acre u. New Growth Area Major Street Fee [3] - Commercial Office $29,848.00/adj. acre - Commercial Retail $37,495.00/adj. acre v. Police Facilities Impact Fee—Citywide [4] - Commercial $665.00/1000 sq.ft. t w. Traffic Signal Charge [1] - Commercial $47.12/ADT t Conditions of Approval Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 11 Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20,2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No.2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. •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). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Average Daily Trips to be determined by Traffic Engineering consistent with the methodology utilized in Final Environment Impact Report No. 10141, as adopted for the Project. City Of CQ ■� �ll�� ff Fik DATE: Septembe•2, Illi 0 8en+nmheF i 6, 294 0 C)GtebeF i 9, 204 0 Revised December 1, 2010 TO: Will Tackett, Development Services/Planning Development Department, Planning Division THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2008-13, Public Works Conditions of Approval Location: Southwest Corner of North Bryan and West Herndon Avenue Owner: Valley Capital Partners, LLC 94 Manhatten Avenue Manhatten Beach, CA 90266 Traffic Impact Study A Traffic Impact Study (TIS) is required and has been submitted. Comply with the mitigation requirements as set by the Department of Public Works, Traffic Engineer. Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. PUBLIC 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. 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 tentative map. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Construct or install the required improvements, or contact Public Works at (559) 621-8685 to enter into a bonded secured agreement for these improvements. This must be executed prior to perfection of this parcel map. Timing of the construction of the required improvements shall be in accordance with the development agreement. General Conditions • Submittal of engineered construction plans to the Planning and Development Department for approval must be maderp for to the final map and/or in accordance with the development agreement. Page 1 of 5 VTM 2008-13 EI Paseo • 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"in conformance with the infrastructure requuirements identified in the Development Agreement". • Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this parcel map. • Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. • If not existing, street work on major streets shall be designed to include Intelligent Transportation Systems (ITS) conduit in accordance with the Public Works ITS specifications. Street Dedications and Vacations 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 public right of way. Also, identify the required 4' minimum path of travel along the public sidewalk directly in front of property, as required by the California Administration Code (Title 24). A pedestrian easement may be required if Title 24 requirements cannot be met. West Herndon Avenue: Super Arterial At the intersection of Herndon and Bryan, dedicate 67' to 70' (to be verified) of property,from Center Line for public street purposes within the limits of this application as per the Public Works Department Super Arterial Standards, P-52, P-52A, P-69 and the Approved Street Geometrics. 1. The developer shall provide adequate right-of-way dedication for Herndon Avenue to accommodate a 6 lane underpass for Herndon Avenue under the Union Pacific Railroad tracks. The future underpass geometrics shall require a raised median island (width varies from 27' at UPRR to 16' at project entrance to 26' east of project entrance), three 12' travel lanes and an 8' shoulder, curb and gutter, 10' for sidewalk from back of curb to toe of slope, a 2:1 cut slope and 10' from the top of slope to the street right-of-way line. Dedicate 62' &'to 100',from Center Line,to allow for future underpass. The engineer shall supply a GGRGept gal The engineer shall supply the future toe of slope and future top of slope grades to demonstrate the adequacy of the proposed right-of-way dedication per the conceptual profile provided by Nolte Engineering. 2. At the intersection of Herndon and Bryan, dedicate 67' to 71' of property, from Center Line, for public street purposes within the limits of this application as per the Public Works Department Super Arterial Standards, P-52, P-69 and the Approved Street Geometrics. 3. Dedicate additional property to accommodate a right-turn pocket on to site at drive approach. 4. Dedicate a corner cut for public street purposes at the intersection of Herndon and Bryan. 5. Dedicate a pedestrian easement within the proposed landscape easement to accommodate a 6' curvilinear sidewalk. If not processed with the Map this will be a requirement of CUP 2008- 172. Page 2 of 5 v-rM 2008-13 EI Paseo North Bryan Avenue: Arterial 1. Dedicate 50' of property from Center Line,to include a portion of APN 504-091-07S which over laps the Center Line, for public street purposes within the limits of this application as per the Public Works Department Arterial Standards, P-52, P-69 and the Approved Street Geometrics. 2. Dedicate a pedestrian easement sufficient enough to accommodate a 6' curvilinear sidewalk. The sidewalk shall be constructed with a minimum of 48"from face of curb to face of walk and a minimum of 54" back of walk to easement line as per Public Works Standard P-7. 3. The pedestrian easement shall include a sufficient area to accommodate the bus bay pedestrian traffic and furniture. Contact John Downs, Transit Planning Manager at FAX at (559) 621-1502. Deed documents for the required 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 City of Fresno Public Works Department, Engineering Division, Special Districts/ Projects and Right of Way Section, (559) 621-8694. Vacations within the limits of the subdivision 1. Vacate North Weber and Arthur Avenues, and West Palo Alto and Sierra Avenues within the limits of this map. 2. Vacate 5' of property along North Bryan Avnue fronting APN 504-091-11 S within the limits of this map. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to recordation of the parcel map. Contact Alan James of the Public Works Department, at (559) 621-8693. Street Improvements All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. Street Construction Plans are required and shall be approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian and utility easements) requires a STREET WORK PERMITrp for to commencement of work. Contact the City of Fresno Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. West Herndon Avenue: Super Arterial 1. Construct concrete curb and gutter and to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. 2. Construct a depressed curb per Public Works Standard P-30, based on a 30' radius. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this application. A portion of this maybe reimbursable or salvageable. See Exhibit "B" and comments once Street Construction Plans are approved. Page 3 of 5 VTM 2008-13 EI Paseo v - 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. Install "No Stopping Anytime"signs along Herndon Avenue frontage. 5. Remove existing improvements and install required improvements to new street alignment and grade. North Bryan Avenue: Arterial 1. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. 2. Construct a mid-block bus bay curb and gutter as per Public Works Standard P-73, complete with a 10' monolithic sidewalk. Construct concrete pad to accommodate any additional area needed for bus furniture and to comply with ADA access requirements. Planning and Development Department to coordinate with the Public Works Department and FAX for approved location and any other requirements. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this application. A portion of this maybe reimbursable or salvageable. See Exhibit "B" and comments once Street Construction Plans are approved. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Remove existing improvements and install required improvements to new street alignment and grade. Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay its TSMI Fee, as applicable, at the time of Parcel Map approval based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this fee they should work with the Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. Fresno Mafor Street Impact(FMSI)Fees: This map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Page 4 of 5 VTM 2008-13 EI Paseo FMSI Requirements: Additional FMSI requirements are as per Conditions of Approval for CUP 2008-172. West Herndon Avenue: Super Arterial 1. Dedicate and construct 6 center section travel lanes and construct a 26' raised concrete median island within the limits of this application. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved Street Construction Plans. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. See Attachment "B". 2. Dedicate and construct 6 center section travel lanes from Herndon and Bryan east to Herndon at Hayes. The eastbound right lane shall be constructed and striped as a "Trap" right- turn lane at the intersection of Herndon and Hayes. Details of said street shall be depicted on the approved Street Construction Plans. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. North Bryan Avenue: Arterial 1. Dedicate and construct 4 center section travel lanes and construct a 16' raised concrete median island within the limits of this application. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. See Attachment «B„ Regional Transportation Mitigation Fee(RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.orq. Provide proof of payment or exemptionrp for to issuance of building permits. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans)to be collected by the City of Fresno Public Works Department Traffic Engineering, (559) 621-8820, rior to recordation of the Parcel Map. See attached Caltrans Letter dated August 25, 2010 for comments. Page 5 of 5 VTM 2008-13 EI Paseo City of PUBLIC WORKS DEPARTMENT DATE: September 20, 2010 TO: WILL TACKETT, Supervising Planner Planning and Development Department FROM: JOE PAFF, Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR TENTATIVE PARCEL MAP NO. 2008-13 RELATING TO COMMUNITY FACILITIES MAINTENANCE DISTRICT FOR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY DEVELOPMENTS The property owner shall be responsible for providing for the maintenance of certain public improvements associated with Parcel Map No. 2008-13. These improvements may be maintained by a City Community Facilities Maintenance District designed for maintaining features of Commercial, Industrial and/or Multi-Family property. Should the property owner choose not to include the maintenance of these items in a CFD, the property owner shall provide for the maintenance of all of the items in a manner approved by the City of Fresno City Engineer. Specifically: • The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in the median islands located within West Herndon and North Bryan Avenues adjacent to this project. • The property owner shall be responsible for providing for the maintenance of the curbs and gutters, sidewalks, street lights and street signage within the street right-of-way of North Weber Avenue adjacent to 'this project. • The property owner shall be responsible for providing for the maintenance of all street lights located within the street rights-of-way along West Herndon and North Bryan Avenues adjacent to th project. • The property owner shall be responsible for providing for the maintenance of two complete traffic signal systems to be installed on North Bryan Avenue per this phase of the project. This portion of the project will be required to share equally all CFD maintenance features required for the complete EI Paseo Project. This will require accurate estimates of street types and layouts for the entire project at the time of the annexation of this portion of the project. If you have any questions, please call me at 621-8695 City of '0SVIVM S014 rr1= 0■ %Lf DPU DEPARTMENT OF PUBLIC UTILITIES Date: October 25, 2010 Pmvidng Lips Essendal5ervlCes To: WILL TACKETT, Planner III Planning and Development Department From: DOUG RECKER, Supervising Engineering Techniciani6q Department of Public Utilities, Planning and Engineering Subject: SEWER REQUIREMENTS FOR PARCEL MAP PM-2008-13 General PM-2008-13, Review of Modifications to proposed PM-2008-13 for approximately 75.76 acres of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues, 6605 North Bryan Avenue, APN 504-080-43, 504-091-07, 08, 09, 10, 11, 12 &28. 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 West Herndon Avenue, an 8-inch and a 12-inch main located in North Bryan Avenue, and a 48-inch and a 54- inch sewer main located between West Sierra Avenue & State Highway 99. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Construct an 8-inch sanitary sewer main (including sewer house branches to adjacent properties) in North Weber Avenue from West Herndon Avenue south to the West Palo Alto Avenue Alignment. 2. Provide a 30-foot sewer main easement for the proposed 8-inch sanitary sewer main from West Herndon Avenue in North Weber Avenue. 3. Construct an 8-inch sanitary sewer main in North Bryan Avenue from the existing 12-inch sewer main at the intersection of West Palo Alto Avenue and North Bryan Avenue north across the project frontage. 4. Construct an 8-inch sanitary sewer main from the intersection of the existing 15-inch sewer mains at the future Bryan/Bullard Diagonal and Sierra Avenue southwesterly to the existing 8-inch sewer main located approximately 700 feet north of Carnegie Avenue in West Bullard Avenue 5. Separate sewer house branches are required for each new lot created. 6. All sewer main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the sewer main. The planting plan for any proposed landscape within the easements shall be approved by the Department of Public Utilities. No trees shall be located within 15-feet of a sewer main. All sewer mains within an easement shall be clearly marked with signage above indicating the exact location and type of facility below. 7. Abandon all existing on-site private septic systems. 8. All on-site sanitary sewer facilities shall be private. 9. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 10. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. 11. The project developer shall contact Wastewater Management Div ision/Environmental Services (559) 621-5100 regarding conditions of service for special users. 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. Oversize Sewer Area: #19 4. Trunk Sewer Charge 5. Trunk Sewer Service Area: Grantland City ofre-R E S law. 11If 1 pr DPU DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION NO11! ;900'14/ DATE: October 21, 2010 Providing Life's Essen fiat Serkes TO: WILL TACKETT, Planner III Planning and Development THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician ` Department of Public Utilities, Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician 's Department of Public Utilities, Water Division SUBJECT: REVISED-WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2008-13 General PM-2008-13 for approximately 74.02 net acres, 76.34 gross acres, of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues, 6605 North Bryan Avenue, APN 504-080-43, 504-091-07, 08, 09, 10, 11, & 12. Water Service The nearest water mains to serve the proposed project are a 14-inch main located in West Herndon Avenue at North Bryan Avenue, a 14-inch main located in North Bran Avenue and a 14-inch main located in North Veterans Boulevard. The following water improvements shall be required prior to providing City water service to the project: 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Bryan Avenue from West Herndon Avenue south to West Palo Alto Avenue. 2. Provide a minimum of 20-foot water main easement for the existing 8-inch water main at West Herndon Avenue and North Weber Avenue. 3. Construct a 12-inch water main along the western boundary of Phase I from the existing City water main in Weber Avenue to the south boundary of Phase 1, then east connecting to the existing 14-inch water main in North Bryan Avenue. Provide a minimum 20-foot wide water main easement to include water services and meter boxes for the operation and maintenance of the proposed 12-inch water main for the portions of the water main that traverse private property. Backflow prevention devices required at property line. 4. On-site water facilities shall be private except for the 12-inch water main required above. 5. All water main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the water main. The planting plan, for any proposed landscape within the easement, shall be approved by the Department of Public Utilities. No Trees shall be located within 8-feet of the water main. All water mains within an easement shall be clearly marked with signage above indicating the exact location and type of facility below. 1 6. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a total of 2000 gallons per minute. Well sites shall be of a size and at a location acceptable to the Assistant Director of Public Utilities. The cost of acquiring the well site(s) and constructing the well(s) shall be reimbursed from the the UGM Water Supply Well Service Area Fund 201 s, in accordance with established UGM policies. Water well construction shall include wellhead treatment facilities, if required. Occupancies shall be limited to 75% of the square footage identified in Phase I, as specified in the EIR, prior to the dedication of the well site(s). 7. Separate water services with meters shall be provided to each lot created. Multiple water meters serving single lots shall be allowed. Location and configuration of meters is subject to approval by the Assistant Director of Public Utilities. 8. Construct a reclaimed water distribution main and services along the Bryan Avenue Project Frontage in public street right-of-way or within a Public Utilities Easement adjacent to the right- of-way that will utilize future tertiary treated wastewater for landscape irrigation purposes, Design of the reclaimed water mains will be subject to the approval by the Assistant Director of Public Utilities. 9. Construct reclaimed water irrigation facilities that will utilize future tertiary treated waste water for public and private landscape purposes. 10. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Assistant Public Utilities Director. 11. Seal and abandon any existing on-site well 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. UGM UGM Water Service Area Number 201s Water Fees Payment of the following Water Connection Charges and fees: 1. Frontage Charge 2. Transmission Grid Main Charge 3. Transmission Grid Main Bond Debt Service Charge 4. UGM Water Supply Area 201 s 5. Wet-tie(s), water service(s) and/or meter(s) installation(s) n r x FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.411 NOTICE OF REQUIREMENTS Page 1 of4 PUBLIC AGENCY DEVELOPER WILL TACKETT VALLEY CAPITAL PARTNERS,LLC. Mn PLANNING AND DEVELOPMENT DEPARTMENT 94 MANHATTAN AVE. CITY OF FRESNO MANHATTAN BEACH,CA 90266 2600 FRESNO STREET,ROOM 3043 FRESNO,CA 93721-3604 PROJECT NO: 2008-013112 ' ADDRESS: 6605 N.BLYTHE AVE. APN: 504-091-07S SENT: Drainage Area(s) Preliminary Fee(s) EH $95,476.00 TOTAL FEE:$95,476.00 Z 0 The proposed development will generate storm runoffwhich produces potentially significant environmental impacts and which N must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan.Compliance with and implementation of this Master Plan by this development project wil I satisfy the O drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shal I pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at O the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD co project engineer prior to approval of the final map for the fee. ' Considerations which may affect the fee obligation(s)or the timing or form of fee payment: O a.) Fees related to undeveloped or phased portions of the project may be deferrable. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) 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. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement e') will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f-) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. M" 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities X 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. I as"Master Plan Facilities X to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan X Storm Drain Plan X Water&Sewer Plan O ■ X Final Map Other None Required O O 4. Availability of drainage facilities: M Permanent drainage service is available provided the developer can verify to the satisfaction of the City a. that runoff can be safely conveyed to the Master Plan inlet(s). O X b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. j C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH X d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline thatis used to manage recharge,Storm water; 6. 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. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 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. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. ` a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved f August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a pen-nit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The O 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 O 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. O 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 co 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 O minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. X 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.Lakernan Gary ChapnU District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 a r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: FUSCOE ENGINEERING mm 16795 VON KARMAN,SUITE 100 IRVINE,CA 92606 z O ■ I O O cc 1 O 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 IL FARR*4G*01f —— --J —————— L -j NOTE: -.-.t.=--RN � _______ __ __ ___ THIS DRAWING IS SCHEMATIC, • DISTANCES ARE APPROXIMATE. FWA "am +� t "EH' I �� \ \ r -- / O {� BASIN o aEHa / \\\ \?I+��t 1 / r \ \ \ I FF rum 4• 00\ \ 60' \ \ rAnM \ / \ Q9. / / \ o SCALE 1"=700' / Cb ` \ LEGEND \ Future Street Improvements To Be Constructed By Developer-Pavement, Curb&Gutter,Sidewalk&Mowstrip (Eligible For Fee Credit) Future Mowstrip To Be Constructed By Developer ® (Eligible For Fee Credit) ® Existing Storm Drainage Easement (} ——❑D Existing Master Plan Facilities \ Master Plan Facilities To Be Constructed By Developer -Pipeline(Sizes Shown),Inlets&Outfall(Eligible For Fee Credit) —® Future Master Plan Facilities Direction Of Drainage —————— Inlet Boundary TPM 2008-01382 — Drainage Area Boundary DRAINAGE AREA:"EH" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN 9Y:NAR DATE: SH3110 KVA*U DW(WEXNBRICITVPW0W013(4&V REVISEDRY. — DATE: — lei OTHER REQUIREMENTS EXHIBIT NO.2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions,in accordance with the Drainage Fee Ordinance,will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. ' TPM 2008-013 site shall be designed to allow passage of the major storm from Palo Alto and Bryan Avenues through the site in order to reach Herndon Avenue. A major storm surface flowage easement shall be dedicated to the District for that portion of the site conveying the flows. Drainage shall be allowed to flow across each parcel in order to reach future Master Plan facilities. Cross drainage covenants or easements to allow drainage of certain parcels across others must be documented. It would also need to be demonstrated that such covenants or easements are effective for drainage access to each parcel individually. There are existing Master Plan facilities within the project area,as well as,an existing twenty- foot (20') wide storm drainage easement, as shown on the attached Exhibit No. 1. The Developer shall dedicate a minimum twenty-foot (20') wide storm drain easement whenever storm drain facilities are located on private property.No encroachments into the easement will be permitted including, but not limited to foundations, roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment, and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. Development No. TPM 2008-01382 Page 1 of 2 k:\permits\exhibit2\city-tpm\2008\2008-013 revised2.doc(p) 1 r '- OTHER REQUIREMENTS EXHIBIT NO. 2 The following paragraphs only apply towards development of the individual parcels and are not conditions for the recording of the map. In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy Swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are attached. Development No. TPM 2008-013R2 Page 2 of 2 k:\pennits\exhibit2\city-tpm\2008\2008-013 revised2.doe(gc) � co County of Fresno Department of Public Health Edward L. Moreno, M.D.,M.P.H.,Director-Health Officer ARES August 26, 2010 999999999 L00015756 Will Tackett PE 2602 City of Fresno Planning & Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: T-2008-13 PROJECT DESCRIPTION AND LOCATION: Review of proposed tentative parcel map design for Vesting Tentative Parcel Map No. 2008-13 for approximately 74.02 net acres (76.34 gross acres) of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues. APN: 504-080-43, 504-091-17, 08, 09, 10, 11, 12 Existing Zoning: AE-5/UGN Proposed Zoning: C-3/EA/UGM Address: 6605 North Bryan Avenue Recommended Conditions of Approval: • Construction permits for the 21-lot commercial development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at(559) 445-5116. • Construction permits for the 21-lot commercial development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management(DDWEM). For more information call (559) 447-3300. • The Fresno County Department of Public Health is concerned that abandoned water wells are not being properly destroyed, particularly with respect to new development projects. As city boundaries expand, community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the city's community water supply. For this reason,when development occurs, it is extremely important to ensure the safe and proper destruction of all abandoned water wells. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil 1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301 Equal Employment Opportunity•Affirmative Action•Disabled Employer Will Tackett T-2008-13 August 26, 2010 Page 2 of 3 be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Public Health is available to provide consultation in cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Wayne Fox, Supervising Environmental Health Specialist, Water Surveillance Program, at (559)445-3357 for more information. • Appropriate measures should be incorporated into the project to minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufacturers' specifications, and that noise generating construction equipment be equipped with mufflers. In addition, consideration should be given to limiting noise-generating construction activities to daytime hours as specified in your municipal code. Comments/Concerns related to prospective tenants: Since all of the tenants have not been identified for this application,the full range of C-6 uses must be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials and/or wastes, medical waste, solid waste, water quality degradation, excessive noise, and odors. Recommended Conditions of Approval for specific tenants: • Should a retail food establishment be proposed, then prior to issuance of building permits, the tenant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at(559) 445-3392 for more information. • Should a swimming pool or spa be proposed, then prior to the issuance of building permits, the applicant must submit complete pool/spa facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Recreational Health Program at(559)445-3392 for more information. • Prior to operation,future tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. • The applicant, or any tenant leasing space, should be advised that construction and operating permits may be required by the State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at (559) 445-5323 for more information. • Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tenant with such uses is proposed, then prior to occupancy the tenant shall complete and Will Tackett T-2008-13 August 26,2010 Page 3 of 3 submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at(559) 445-3271 for more information. • All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes. • Certain uses allowed may utilize underground storage tank systems. If a tenant with such uses is proposed, then prior to the issuance of building permits the tenant shall submit three (3) sets of complete plans and specifications regarding the installation of any underground storage tanks to the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at(559)445-3271 for more information. • Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. • The applicant should be advised of the State of California Public Resources Code, Division 30; Waste Management, Chapter 16; Waste Tire Facilities and Chapter 19; Waste Tire Haulers, which may require the Owner/Operator to obtain a permit from the California Department of Resources Recycling and Recovery(CalRecycle). Contact CalRecycle, Tire Unit Permit Branch at (916) 255-3896 for additional information. REVIEWED BY: D"gllally signed by 1-1 Gardner Janet GardnerON-cn=Janet Gardner,o=H.I,hnmenlal NeahhDion, w=Fresm County Public Health Department, mag-jgardneWco.fiesmxa.us,c—US Daw 7010.0&7607.56_i0-0]'00' R.E.H.S., M.P.H. Environmental Health Specialist (559)445-3271 A cc: Mendes/Rhodes/Fox, Environmental Health Division (CT4206) Baruti/Casagrande/Tolzmann, Environmental Health Division T-2008-13 Marketplace at EI Paseo i M 0 felt pip, 0 FIRE DEPARTMENT Date: August 20, 2010 To: WILL TACKETT, Planner II Planning and Development Department , Advance Planning From: DARLA SCOTT, Senior Fire Prevention Inspec Fire Department, Fire Prevention and Investigation Di ion Subject: PM-2008-13 for approximately 74.02 net acres, 76.34 gross acres, of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues, 6605 North Bryan Avenue, APN 504-080-43, 504-091-07, 08, 09, 10, 11, & 12. Other 1. This project less than 2 miles from Fresno City Fire Station No.18. 2. Other site access and hydrant issues will be addressed on Site Plan or CUP review. 3. Provide a covenant for shared fire fighting access and water supply. Pacifica Gas and' Daniel VanGroningen Land & Environmental Management EfeeNc Company'. Land Agent 650"O" Street, Bag 23 1 t, Fresno, Ca. 93760 Office: (559)263-7472 E-mail: dav0@pge.com Monday, September 27, 2010 City of Fresno Development & Resource Management Department, Planning Division Attn: Will Tackett 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Review of Tentative Parcel Map Review No. 2008-13 Our File: Gates-Gregg 23OkV Dear: Will Tackett As you know, Pacific Gas and Electric Company, (PG&E) owns an easement for electric transmission lines that crosses within the proposed project's boundaries. It is PG&E's policy to permit certain uses within its electric transmission easements provided such uses, and manner in which they are exercised, will not interfere with PG&E's rights or endanger its facilities. Some examples that may be of interest to you are as follows: 1) Buildings and Other Structures: No buildings, swimming pools, wells or similar structures will be permitted within easements. 2) Grading: Cuts, trenches or excavations must not be made within 25 feet of our towers. Our engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-conductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure. 3) Fences: Heavy equipment access to our facilities is to be maintained at all times. Metal fences are to be grounded to PG&E specifications. No fence is to be installed within 10 feet of tower footings. Retaining or sound walls require PG&E review. 4) Landscaping: Landscaping is allowed. On overhead electric transmission easements, trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. Reasonable access to our facilities is to be maintained, including access by heavy equipment. Greenbelts are encouraged. 5) Reservoirs, Sumps, Drainage Basins, Ponds: Allowed, provided reasonable access to facilities is maintained and ground clearances above the water surface are maintained. 6) Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. Heavy equipment access to our facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of our facilities from vehicular traffic is to be provided at developer's expense to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed. Pacific Gas and Daniel VanGroningen Land& Environmental Management Electric Company Land Agent 650"0"Street, Bag 23 Fresno, Ca. 93760 Office: (559)263-7472 E-mail: dav0@pge.com 7) Storage of Flammable, Explosive or Corrosive Materials: This is not allowed, including the storage of trash. No trash bins or incinerators allowed. 8) Streets and Roads: Access to facilities to be maintained. Facilities to be provided with protection from traffic. Streetlights may be allowed, but in all cases must be reviewed by PG&E for proper clearance. 9) Pipelines: Pipelines are allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems are allowed. Leach fields are not allowed. 10)Signs: Signs are not allowed except in rare cases subject to individual review by PG&E. 11)Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue pits are allowed, but require special PG&E review and approval. Pedestrian trails are allowed. 12)Construction Activity: Since construction activity will take place near PG&E's overhead electric lines, please be advised it is the contractor's responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety, as well as any other safety regulations. For more information regarding safety regulations, clearances, or other safety advice, PG&E's Electric Transmission Supervisor can be reached at (559) 263-7100. Also the Supervisor must be informed 72 hours prior to any construction activity within PG&E's easement. PG&E encourages you to contact this office regarding specific uses as early as possible in the planning stages of any proposed construction within PG&E's easement. If you have any questions regarding this matter please call me at 559-263-7472. Sincerely, r� Daniel VanGroninD en Land Agent Street Name Review TPM-2008-13 8/12/2010 Street Name Status Required Change Herndon Ave Change West Herndon Avenue West Palo Alto Avenue Good North Golden State Blvd Chane North Golden State Boulevard Weber Ave Chane North Weber Avenue North Bryan Ave Change North Btyan Avenue Remove street names on streets to be vacated Remove North Bryan Avenue between lots 276 and 277 of J.C. Forkner Fig Gardens Subdivision No.3 Will Tackett From: Christopher Preciado Sent: Monday, September 20, 2010 3:55 PM To: Will Tackett Subject: RE: Tentative Parcel Map No. 2008-13(Marketplace at EI Paseo) Will, FAX has the following comments: 1. Provide full transit amenities per P-72, P-73, E-35, and as required by FAX,as located in Parcel "J ", where bus bay is shown. 2. Provide min. 10'wide, tree and bench lined path of travel from transit amenities to front of main building cluster. 3. Provide plans to FAX for review and approval If there are any questions, please feel free to call. 13egards, Christopher Preciado Transit Planner II City of Fresno Department of Transportation Manning Division Fresno Area Express 559-621-1463 Ct)ristol3her.Prec'iado@fresno.gov From: Will Tackett Sent: Monday, September 20, 2010 11:10 AM To: Terry Cox; Michael Carbajal; Christopher Preciado Subject: FW: Tentative Parcel Map No. 2008-13 (Marketplace at EI Paseo) Greetings all, I'm sending this email as an FYI that I have not received responses respective to the preceding request For comments. TIlis tentative parcel Friap is for the Marketplace at EI Paseo development project. If you have in fact sent your comments and I've missed something,them please let me know or resend. Also, it may be that you've prepared comments respective to the other applications for this project to which I should make reference for the purposes of the map. (With respect to procedure, there is a plan amendment application, rezone application, and conditional use permit application for this property/development which will be required to be approved prior to approval or recordation of the map; and, a development agreement to which the map conditions will make reference.) Whatever the circumstance please just provide me a status as to where your departments or agencies are at with this request. Thank you much! Will 1 From: Will Tackett Sent: Wednesday, August 11, 2010 11:45 AM To: Terry Cox; Hilary Kimber; Joe Paff; 'Michael Navarro'; 'Allen, Glenn'; 'skahl@co.fresno.ca.us'; 'sbloem@fresnoirrigation.com'; 'LonDowner@att.com'; 'rickh@fresnofloodcontrol.org'; 'Debbie Campbell'; Christopher Preciado; 'bjimenez@co.fresno.ca.us'; 'hcontreras@centralusd.kl2.ca.us' Subject: Tentative Parcel Map No. 2008-13 (Marketplace at El Paseo) Routing Partners: You have been identified as the best contact to provide your department/agency's review and comments for the above referenced project. Please find the attached electronic copy of the project package for your review. Our preferred method of receiving your comments is via email directly to Will.Tackett@fresno.gov. We look forward to receiving your responses electronically and hearing any comments/suggestions you may have. If you do not have any comments please attach your standard letter or just reply to this email and write "no comments." Our goal is to continuously improve the quality and completeness of our Applications so that your review is more efficient and consequently your comments are more informed. Two additional comments. 1) it is not necessary to also send a hard copy of your comments and 2) it would help us if you could name any attachments with the entitlement number & agency name. (i.e. C-08-230 FAX) If you have any questions please feel free to contact me via email or at the number listed below. Best Regards, Will Tackett, Planner III City of Fresno Development & Resource Management Dept. (559) 621-8063 2 Will Tackett From: Scott Mozier Sent: Wednesday, September 01, 2010 9:31 AM To: Nlike Sanchez; Jason Marechal; Chris Shane;Will Tackett; Mark Giles Cc: Bryan Jones; Louise Gilio Subject: RE: Fresno EI Paseo Entitlement Conference Call Agenda .Good morning all, I am responding quickly between meetings today. i. The development must construct the alternative access from Weber to Herndon through the new realigned roadway through the parking lot prior to occupancy of any buildings at the site. 2. Jason makes a good observation—the City shares your concerns and will not allow EI Paseo construction activities to mix with the Weber traffic. Therefore what needs to happen is for the an-site work at that north end of the project to conclude with a finished parking lot and new Herndon access in enough time to shift the Weber traffic over before the occupancy of any of the buildings. Thanks Scott L. Mozier. P.E. City EngineerlAssistant Public Works Director City of Fresno, Public Works Department 2600 Fresno Street,4th Floor Fresno, CA 93721-3623 PH (559) 621-8650 FAX(559)488-1045 E-FAX(559)457-1461 scoff.mozi a r@ f resno.g o v From: Mike Sanchez Sent: Wednesday, September 01, 2010 9:11 AM To: Jason Marechal; Chris Shane; Will Tackett; Mark Giles; Scott Mozier Subject: RE: Fresno EI Paseo Entitlement Conference Call Agenda Gentlemen Both Scott Mozier and Bryan Jones are doublE �i;,oked and cannot make today's call. Will Tackett has been out III all week inclu Jng tc::ay. I suggest we re-schedule to next week. I will have, Will Tackett forward any comments, when he gets back, to Jason. Regarding Weber Avenue question;you may wish to contact Scott Mozier or B;-,,...,an Jones directly and clarify the matter. Mike Sanchez Planning Manager (559) 621-8040 office (559)498-1026 fax Mike.Sanchez@fresno.gov 1 From: Jason Marechal [mailto:jmarechal@fuscoe.com] Sent: Wednesday, September 01, 2010.9:04 AM To: Jason Marechal; Chris Shane; Mike Sanchez; Will Tackett; Mark Giles; Scott Mozier Subject:RE: Fresno EI Paseo Entitlement Conference Call Agenda Mike, Will you be able to attend this week with the requested staff? Jason Marechal, P.E., LEED A.P. Principal imarechal aefuscoe.com FUSCOE ENGINEERING, INC. full circle thinking 16795 Von Karman,Suite 100 Irvine,CA 92606 tel 949.474.1960 ext.4332 fax 949.4 74.1305 www.fuscoe.com WARNING:From time to time,our spam finers eliminate or block legitimate email.If your email contains important attachments or instructions,please ensure that we acknowledge receipt of those attachments or instructions. This email and any files transmitted with it are confidential.and intended solely for the use of the individual or entity to whom they are ad dressed.This information is not to be reproduced or forwarded without permission from the sender. If you have received this email in error,please notify the send~; ':r system manager. From: Jason Marechal Sent: Monday, August 30, 2010 3:26 PM To: Chris Shane; Mike Sanchez; 'Will Tackett'; 'Mark Giles'; Scott Mozier Subject: Fresno EI Paseo Entitlement Conference Call Agenda Importance: High Should be quick. Jason Marechal, P.E., LEED A.P. Principal imarechal(cDfuscoe.corn FUSCOE ENGINEERING, INC. full circle thinking 16795 Von Karman,Suite 100 Irvine,CA 92606 tel 949.474.1960 ext.4332 fax 949.474.1305 www.fuscoe.com WARNING:From time to time,our spam filters eliminate or block legitimate email. If your email contains important attachments or instructions,please ensure that we acknowledge receipt of those attachments or instructions. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.This information is not to be reproduced or forwarded without permission from the sender.If you have received this email in error,please notify the sender or system manager. 2 STATE OF CALIFORNIA—BUSINESS.TRANS MON AND H=ING AGENCY � ARNOLD SCHWARZENEGGER Govemor lq_' DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-5868 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 August 25, 2010 213 1-IGR/CEQA 6-FRE-99-30.9 TPM 2008-13 EL PASEO Mr. Will Tackett City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: Caltrans has reviewed the plan of the proposed tentative parcel map design for the property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues. This project is proposing a partition of the acreage into twenty-one(21) separate parcels of various measurements. We have the following comments: At the time of this request the project EIR is pending approval. Based on the status of the EIR, we feel approving the land division application would be a premature action. If you have any questions, please call me at(559) 445-5868. Sincerely, MICHAEL]VAVARRO Office of Transportation Planning District 6 "Caltrans improves mobility across California" City of rn6WiV1.Vijj Development & Resource Management 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. 2008-13 DATE: 8/11/2010 TO: YeghiaOulashian Supervising Plans Examiner Please review the attached Vesting Tentative Parcel Map No. 2008-13 and make your comments below: Return this for to: Will Tackett, Planner III, Development and Resource Management Department, Planning Division. Should you have any questions call me at the number listed above. COMMENTS: City ofI0REdL � � D1�FIS- 4%' 3 Di 1 V DEPARTMENT OF PUBLIC UTILITIES ° sF� Providing Life's Essential5ervices Date: August 30, 2010 To: WILL TACKETT, Planner II Planning and Development Department, Advance Planning From: CHRIS WEIBERT, Management Analyst II RXJ Public Utilities Department, Administration Subject: PM-2008-13 for approximately 74.02 net acres, 76.34 gross acres, of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues, 6605 North Bryan Avenue, APN 504-080-43, 504-091-07, 08, 09, 10, 11, & 12. General Solid Waste requirements have Leen addressed on other applications. Page 1 of 1 { E-File OFFICC5 OF PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO.CALIFORNIA 93725-2218 Your Most L'.k.,iblo Rosourcu Water August 23, 2010 Mr. Will Tackett City of Fresno Development and Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Tentative Parcel Map 2008-13, S/E Herndon Avenue and Golden State Boulevard Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Tentative Parcel Map No. 2008-13 for approximately 74.02 net acres (76.34 gross acres) of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues, APN: 504-080-43, 504-091-07, 08, 09, 10, 11, and 12, and has the following comments and conditions: 1. FID does not own, operate or maintain any facilities located on the applicant's property as shown on the attached FID exhibit map. 2. For informational purposes; FID's Epstein Canal No. 48 traverses along the west side of Parkway Drive, west of Highway 99, as shown on the attached FID exhibit map. Should any street improvements be required along Parkway Drive and in the vicinity of the pipeline crossing, FID requires It review and approval of all plans. Thank you for submitting this for our review. We appreciate the opportunity to review and comment on the subject documents for the proposed project. If you have any questions please feel free to contact James Shields at 233-7161 extension 319 or jshields@fresnoirrigation.com. Sincerely, �.)Aim / - William R. Stretch, P.E. Chief Engineer Attachment GAAgencleslCltylTentative Parcel Map12008.13.doc BOARD OF President JEFFREY G. BOSWELL, Vice-President JEFF NEELY DIRECTORS STEVE BALLS, RYAN JACOBSEN, GEORGE PORTER, General Manager GARY R.SERRATO 0 V13V1 $3AVH_�. Pay1b� 2 S3AVH INRIONVS z x 0 a CO Z U � U O W r� o N07b i a s( bgS 0 SN. 0NOO vc 0 I I ffi � J � VLS ui ell .r f o z 4 0� ` g fr g � r 9 Go • s a do z �i a f v a 4 ! w J � THIELE i 1 4b 1 v � 1 0 z- N lv f ~ h I P i IFJ Q City of CONDITIONAL USE PERMIT APPLICATION NO. C-08-172 0151eff-F1k 811V. 4&F VARIANCE APPLICATION NO. V-08-016 VESTING TENTATIVE PARCEL MAP NO. TPM-2008-13 June 19, 2008 Mike Sanchez/ 08-80000172 $7916.00 (CUP &VAR) Will Tackett op 08-11000016 $4200.00 April 29, 2010 (TPM) 08-50000013 $2520.00 Date Accepted Staff Analyst HTE PZ No. Fee PROJECT INFORMATION PROJECT Conditional Use Permit Application No. C-08-172: Proposes the construction of approximately 666,218 square feet of retail commercial space on approximately 74.4 acres of property; comprising Phase I of the Marketplace at EI Paseo development project. Variance Application No. V-08-016: Requests: (1) A reduction in parking lot shading from 50% to 13% for the portion of the eastern boundary of the subject property that is traversed by an approximately 138-foot wide Pacific Gas & Electric (PG&E) easement (recorded Instrument No. 41418 and No. 22223) as highlighted on Exhibit 9 of Variance Application No. V-08-16; (2). An increase in the number of sign locations allowable along the adjacent major street frontages; (3) An increase in permissible sign heights and sizes and locational allowances for respective signs pursuant to the Signage Plans and Exhibits 8 & 12 of Variance Application No. V-08-16; and, (4) Allowances for utilization of storage trailers within the proposed loading dock area to assist operations of tenants to property receive, store, and sort materials and goods. Vesting Tentative Parcel Map No. 2008-13: Proposes a 21-lot subdivision of the approximately 74 acre project site for the purposes of creating an integrated commercial planned development on the subject property. APPLICANT Chris Shane, Gryphon Capital; and, Fuscoe Engineering on behalf of, John Allen Company, LLC. — Property Owner LOCATION (APN[s]: 504-080-43, 504-091-07— 13 & 28) Located on the southwest corner of the intersection of West Herndon and North Bryan Avenues. (Council District 2, Councilmember Borgeas) SITE SIZE ± 74.4 acres LAND USE Existing - Vacant Conditional Use Permit App,,. rcion No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 2 of 9 Proposed - Phase I of Marketplace at EI Paseo retail project (±666,218 square feet of commercial retail space) ZONING "C-3/UGM" (Regional Shopping Center District/Urban Growth Management) PLAN DESIGNATION The request to subdivide the subject property and construct a regional AND CONSISTENCY shopping center is consistent with the C-3 zone district and Regional Commercial planned land use designation of the 2025 General Plan and the Bullard Community Plan. ENVIRONMENTAL Environmental Impact Report No. 10141 was certified by the City FINDING Council on December 16, 2010. Project shall be subject to all Phase I mitigation measures as stipulated within the Mitigation Monitoring Program. PLAN COMMITTEE On October 13, 2008, the District 2 Plan and Implementation RECOMMENDATION Committee reviewed the proposed project and recommended the project move forward by a vote of 4 to 2 with 4 members absent. STAFF Recommend approval of Conditional Use Permit No. C-08-172 and RECOMMENDATION Variance Application No. V-08-016. RELATED Plan Amendment Application No. A-08-11, Rezone Application No. APPLICATIONS R-08-15; and, Environmental Impact Report No. 10141. COVENANTS N/A ZONE CONDITIONS N/A SPECIAL POLICY Development Agreement by and between the City of Fresno and John AREA APPLICABLE Allen Company as approved by the City Council on December 16, POLICIES 2010, and all exhibits related therein. BACKGROUND/ANALYSIS The EI Paseo project is located in the northwest gateway of the City of Fresno and covers a total 238 acres. More specifically, the overall project is bounded generally by Herndon Avenue on the north, Bryan Avenue and Bullard Avenue on the east, Carnegie Avenue to the south, and State Route 99 (SR-99) on the west. The applicant John Allen Company, LLC., has filed has filed Plan Amendment Application No. A-08-11, Rezone Application No. R-08-15. Conditional Use Permit No. C-08-172, Variance Application No. V-08-016 and Vesting Tentative Parcel Map No. 2008-13 for "EI Paseo" Project. The EI Paseo Project is anticipated to be developed in five phases and will developed with an integrated mix of retail commercial, office, hospitality and entertainment uses. Conditional use Permit No. C-08-172, Variance Application No. V-08-016 and Vesting Tentative Parcel Map No. 2008-13 pertain specifically to Phase I of the EI Paseo Project, which has been evaluated as having the potential to be developed with up to a maximum of 906,788 square feet of Conditional Use Permit App:. ..,ion No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 3 of 9 commercial retail uses on approximately 74.4 acres of property located on the southwest corner of the intersection of West Herndon and North Bryan Avenues. The development entitlement and vesting tentative parcel map applications initially and presently request approval of approximately 666,218 square feet of commercial retail uses with Conditional Use Permit Application No. C-08- 172; and, the subdivision of the approximately 74.4 acres of property comprising Phase I of the Marketplace at EI Paseo project into 21 parcels with Vesting Tentative Parcel Map No. 2008-13. Together, approval of these applications will provide for the integrated and planned development of the subject property. The initial anchor tenant is expected to be a Target Department store. The balance of future tenants is yet to be determined. Phase I of the project does contain a Development Agreement between the City of Fresno and John Allen Company, LLC., which covers the afore mentioned approximately 74.4 acres of property and the maximum 906,788 square feet of retail commercial uses. This agreement was also approved by the City Council on December 16, 2010; and, outlines specific exactions to be carried out by the developer and timelines for improvements, etc., as the project progresses forward. The proposed layout of the center is characterized by the inline, big-box, "power center" feature that is located along the western boundary of the site adjacent to the Union Pacific Railroad tracks. This portion of the site has been proposed to incorporate two anchor tenants, eight major tenants and some scaled down inline retail shops. Furthermore, a combination of six inline and detached buildings that will be located along the West Herndon Avenue frontage and wrapping around onto North Bryan Avenue. The principal project entryway, at the intersection of North Bryan and West Palo Alto Avenues, will also feature inline buildings on each side of this primary entrance road interior to the center. An additional five separate buildings pads have also been proposed to be situated toward the North Bryan Avenue frontage and the primary entrance road at locations interior to the project. One access point has been proposed to be provided from West Herndon Avenue, which will utilize a left turn pocket for westbound traffic on West Herndon Avenue. This access point will be a right- out only for vehicles exiting the center at this location. North Bryan Avenue will include a total of three access points, two of which will feature traffic signals. The first signalized entry on North Bryan Avenue, will be located approximately one-fifth of a mile south of West Herndon Avenue and the second signalized access point will be located at the intersection of West Palo Alto Avenue with North Bryan Avenue. A non-signalized access point will also be located at the southerly most portion of Phase I. Phase I proposes a total of three drive though pads as part of this proposal; one along West Herndon Avenue and two along North Bryan Avenue. Minimum off-street parking development standards of the Fresno Municipal Code have been met. Furthermore, minimum standards have been met respective to required landscape setbacks in accordance with applicable polices of the 2025 Fresno General Plan and Bullard Community Plan. Building elevations borrow from characteristics of the California Spanish Colonial and Mission Revival typologies and are detailed in the design guidelines which will be made part of the Conditions of Approval via the Development Agreement. Building and structure heights are also compliant with the C-3 (Regional Shopping Center) zone district standards; with the exception of free standing signage structures allowed pursuant to Variance Application No. V-08-016. ENVIRONMENTAL FINDING Environmental Impact Report No. 10141 was certified by the City Council on December 16, 2010. Project shall be subject to all Phase I mitigation measures as spelled out in the Mitigation Conditional Use Permit Appy..__Jon No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 4 of 9 Monitoring Program. CONDITIONAL USE PERMIT APPLICATION REVIEW FINDINGS Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. Findings per Fresno Municipal Code Section 12-405-A-2 a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features;and, Finding a: Conditional Use Permit Application No. C-08-172 will comply with all applicable codes (except as permitted by Variance Application No. V-08-016), including parking, landscaping, walls, etc., given that the special permit conditions of project approval and the adopted Development Agreement by and between the City of Fresno and John Allen Company LLC., will ensure that all conditions are met prior to the site being occupied. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;and, Finding b: All project related requirements for Conditional Use Permit Application No. C-08-172 have been incorporated into the conditions of approval for the subject application. The proposed project will also incorporate all Phase I mitigation measures from Certified EIR No. 10141 as adopted by Council on December 16, 2010. The respective requirements and mitigation measures are the product of careful planning and evaluation of analyses included within the traffic impact study submitted for the proposed project. These analyses and studies projected traffic capacity needs based on the densities and intensities of the proposed land uses anticipated at build-out of the project and cumulative traffic impacts anticipated from reasonably foreseeable projects within the general vicinity of the project. The adjacent and nearby streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. Conditional Use Permit Applic.,ion No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 5 of 9 Finding c: The proposed use will not have a negative impact on either the subject site, or neighboring properties given that the proposed project will be well designed and will be compatible with existing and proposed adjacent uses. The applicant has been required to provide adequate landscaping, parking, and pedestrian access, and has been required to comply with all property development standards as detailed in the development Agreement by and between the City of Fresno and the John Allen Company, LLC, Fresno Municipal Code, the 2025 Fresno General Plan and Bullard Community Plan; and, the mitigation measures and scheduling program incorporated and adopted as part of EIR No. 10141. The EIR prepared for the proposed project serves as a project level EIR for Phase I and a Program Level EIR for future proposed phases (II-V); thereby comprehensively evaluating potential impacts associated with all phases of the proposed EI Paseo project master planned development. Conditioned requirements and mitigation measures applied to the project based upon these evaluations are therefore directly related to protecting the environment as well as the public health, safety and welfare of patrons and neighbors, alike. Compliance will assure that the project is not a detriment to the area. VARIANCE APPLICATION FINDINGS Based upon analysis of the variance application and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-1 of the Fresno Municipal Code (FMC) can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-1 a. Because of special circumstances (other than monetary hardship) applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical zoning district. Finding a: Due to the location of the parking lot underneath the PG&E easement and the mandatory requirement that tree height be limited to 15 feet, staff believes this constitutes a special circumstance. The variance request does not seek to eliminate parking lot shading but rather and moreover recognizes the limits of existing policies. With respect to signage, the number of signs and size and locations will be limited to Phase I and governed by the Development Agreement thus not creating a precedence. b. The grant of variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated. Finding b: The granting of this variance application would not constitute a special privilege because, as mentioned above, Phase I will be governed by a development agreement limiting the exceptions to a single phase of the proposed development and not city-wide. Conditional Use Permit Apphu-aon No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 6 of 9 c. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. Finding c: The approval of this variance application will not be detrimental to the public welfare or injurious to property or improvements in the area. The proposed project will actually be an improvement to the area, providing new quality design standards that include landscaping building elevations and signage together with pedestrian connectivity that will be aesthetically appealing. Furthermore sign sizes and locations have been reviewed with consideration of any potential to obstruct visibility for vehicular or pedestrian traffic, etc. Based upon these evaluations, it may be determined that the proposed signs will not be a detriment to public safety. d. The grant of variance will not be in conflict with established general and specific plans and policies of the city. Finding d: The proposed project will not be in conflict with the goals, objectives, or policies of the 2025 Fresno General Plan and/or Bullard Community Plan. The development agreement will govern development of the property. The quality of design for the EI Paseo project is consistent with the adopted plans and policies regarding design and development principles. e. The grant of a variance from existing development standards will encourage infill development within designated inner city areas as defined by 12-105-1. Finding e: The subject site is not located within an inner city area, however, it is expected that development of Phase I will have a positive benefit to the community at large and is expected to spur additional development within the area. STATE SUBDIVISION MAP ACT FINDINGS The Subdivision Map Act (California Government Code Section 66410 et. seq.) requires that a proposed parcel map not be approved unless the map, together with its design and improvement, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Finding Nos. 2-5, below, is made in the negative. 1. The proposed parcel map, together with its design and improvements is consistent with the City's Bullard Community Plan and the 2025 Fresno General Plan. The subject property is zoned C-3/UGM (Regional Shopping Center District). Table 2 of the 2025 Fresno General Plan (Planned Land Use and Zone District Consistency Matrix) indicates that the existing C- 3/UGM zone district is consistent with the Regional Commercial planned land uses designation for the subject property. 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. Access to the individual parcels proposed to be created by the tentative parcel map will be afforded pursuant to the design and improvement requirements stipulated within the conditions of approval for the planned development project. The Fresno Metropolitan Flood Control District will require that the drainage from the site be diverted to existing and planned Master Plan Inlets in accordance with the conditions of approval for the planned development project. 3. The proposed parcel map design and improvements are not likely to cause substantial and Conditional Use Permit App,. cion No. C-08-172 Variance Application No.V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 7 of 9 considerable damage to the natural environment, including fish, wildlife or their habitat. Environmental Impact Report No. 10141 was certified by the City Council on December 16, 2010. The proposed project is subject to all Phase I mitigation measures as indicated in the Mitigation Monitoring Program. Compliance with the mitigation monitoring program will assure that the proposed project will not cause substantial and/or considerable adverse effects to the natural environment. Furthermore, the site is located in an area that has been developed with urban uses and due to its fallow nature, does not provide value for wildlife. 4. The proposed parcel map design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. In addition, during the entitlement process for the planned development project, staff has ensured that all necessary requirements and mitigation for impacts have been applied accordingly. 5. The proposed parcel map design will not conflict with pubic easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. Staff, based on its own analysis, has determined that the parcel map, subject to the recommended conditions of approval, 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. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. Furthermore, staff has incorporated all applicable policies into the conditions of approval to ensure that the applicant complies with all policies, while minimizing the impact on surrounding properties. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Conditional Use Permit Application No. C-08-172 and Variance Application No. V-08-016 are appropriate for the project site. CONDITIONS OF APPROVAL Conditional Use Permit Application No. C-08-172 and Variance Application No. V-08-016 are approved subject to the following conditions: 1. Development shall take place in accordance with Exhibit(s) "A", "E", "F" and "L", inclusive of Conditional Use Permit Application No. C-08-172 dated December 18, 2009. 2. Development shall take place in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-08-172 and Variance Application No. V-08-016 dated July 07, 2011. 3. Subdivision of the subject property shall occur in accordance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-13 dated July 07, 2011. Conditional Use Permit App. cion No. C-08-172 Variance Application No. V-08-016 Vesting Tentative Parcel Map No. 2008-13 July 07, 2011 Page 8 of 9 Staff Analyst Signature: - - Date;, Planning Manager -1 Approval �L7 De I Recommendation: r Signature: n Date: rr1�1