HomeMy WebLinkAboutPM 2009-10 - Conditions of Approval - 10/13/2009 City of
lees C�IL
Planning & Development Department
2600 Fresno Street •Third Floor John M. Dugan,AICP
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 498-1026
October 12, 2009
Please reptV to:
Will Tackett
(559) 621-8063
Dale G. Mell & Associates
2090 North Winery Avenue
Fresno, California 93703
SUBJECT: NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP NO. 2009-10, dated
AUGUST 25, 2009, PROPOSING A 2-LOT COMMERCIAL SUBDIVISION OF
PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE
INTERSECTION-OF EAST OLIVE AND NORTH PEACH AVENUES.
(APN[S]: 456-270-17)
The City of Fresno Planning Division has completed its review of the subject tentative parcel map
dated August 25, 2009. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is
written to advise you that the Conditions of Approval dated October 12, 2009, are as noted on the
attached document.
Appeal: The divider or any aggrieved person may file an appeal regarding to conditions of approval
within fifteen (15) days from the date of approval.
To protest the Director's decision regarding the conditions of approval, you must appeal by filing a
written appeal with the Director of the Planning& Development Department. 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 Planning and Development Department prior to 5
p.m. on October 27, 2009.
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 Parol Map after approval or conditional approval does not extend the
two year time limit.
EXTENSION: The divider may request an extension of the tentative map expiration date by filing a
written application together with the fee set forth in the Master Fee Schedule at the time of the
request with the Director of the Planning& Development Department at least thirty days before the
expiration date of the map. The applicant must state the reasons for requesting the extension. New
conditions may be imposed if an extension is granted.
An extension may not exceed an aggregate of five years.
Dale G. Mell &Associates
Tentative Parcel Map No. 2009-10•
October 12, 2009
Page 2
If you wish additional information, please contact the City of Fresno, Planning and Development
Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559)
621-8277. Your inquiry should by directed to either Rick Sommerville(engineering or improvements
issues) or Will Tackett (planning or zoning issues).
Should you have any questions regarding the conditions you must notify either Rick Sommerville at
(559) 621-8277 or Will Tackett at(559) 621-8063 by October 27, 2009, to request a review of the
conditions. Otherwise, the stipulated conditions of approval are in effect as of that date. No further
notice will be sent. •
Sincerely,
PLANNIN IVISION
•
i ackett, Planner III
Pr nning and Development Department
Enclosures: Tentative Parcel Map No. 2009-10 dated August 25, 2009
Conditions of Approval dated October 12, 2009
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
OCTOBER 12, 2009
TENTATIVE PARCEL MAP No. 2009-10
Located on the southwest corner of the intersection of East Olive and North Peach 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 Tentative Parcel Map No. 2009-10, dated August 25, 2009, the
subdivider may prepare a Parcel Map (Final) in accordance with the approved tentative 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 (Final) 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 (Final), together with a copy of Section §66436(a)(3)(A) of the SMA, to any public entity or
public utility which has previously acquired a right-of-way easement.
LEGAL STATUS OF SITE TO BE SUBDIVIDED
1. The parcel map site is situated in the City of Fresno, County of Fresno, State of California,
and was legally created as:
Lot 17 of Tract no. 3155, Peach Tree Village, in the City of Fresno, County of Fresno, State
of California, as shown on map filed Book 37, Pages 99 and 100 of Maps, in the Office of
the County Recorder of said County.
APN: 456-270-17
PLAN CONSISTENCY
2. The subject site is located within the jurisdiction of the 2025 Fresno General Plan and
Roosevelt Community Plan. These plans designate the subject property for development
with Community Commercial planned land uses. Pursuant to Table 2 (Planned Land Use
Conditions of Approval
Tentative Parcel Map No. 2009-10
October 12, 2009
Page 2
and Zone District Consistency Matrix)of the 2025 Fresno General Plan and applied within all
community plans-the Community Commercial planned land use designation for the subject
property is consistent with the C-2 (Community Shopping Center)zone district classification.
The subject property is currently zoned under the C-6/cz(Heavy Commercial/with conditions
of zoning) zone district classification.
a) Conditions of zoning on the subject property limit use of the subject property to those
uses permissible within the C-1 (Neighborhood Shopping Center)zone district plus those
specific uses permitted within the C-6 (Heavy Commercial) zone district as specified
within the conditions-of zoning.
• NOTE: Based upon the restriction of uses stipulated within the conditions of
zoning applicable to the subject property, which are more restrictive than uses
permitted within the C-2 (Community Commercial) zone district, the City of
Fresno can determine that the proposed subdivision is consistent with the
Community Commercial planned land use for the subject property as designated
by the 2025 Fresno General Plan and Roosevelt Community Plan.
ZONING
3. Comply with the provisions of the State of California Government Code Sections §66410 -
§66499.58 of the SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real
Property).
4. Execute a.Mutual Easements and Reciprocal Use Agreement between proposed Parcels"A"
and "B" of Tentative Parcel Map No. 2009-10 dated August 25, 2009. The Mutual
Easements and Reciprocal Use Agreement shall, at a minimum, provide mutual and
reciprocal access to East Olive Avenue,agreements for cross drainage,and provisions and
obligations for retention and maintenance of shared access, utilities, facilities, and
improvements on the subject property as may be applicable.
• NOTE: The conditions of the Mutual Easements and Reciprocal Use Covenant
are intended to benefit the public and public properties as well as properties
appurtenant; and,secure the enforceability of properties'obligations for retention
and maintenance of access, utilities, facilities, and improvements. Failure to
comply with the terms of the Covenant may result in the revocation of the
Certificate of Occupancy of Special Permit by the City for use of any Parcel of
the properties involved. Accordingly, the City of Fresno shall have the right to
enforce this Statement by any legal or equitable means. For further information
regarding these requirement Contact the Planning and Development Department
at (559) 621-8277.
a) Final, executed and notarized documents shall be recorded with the parcel map.
b) All of the agreements required to be executed within this section shall run with the land
and bind all successors and assigns.
Conditions of Approval
Tentative Parcel Map No. 2009-10
October 12, 2009 -
Page 3
• 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.
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.
i) Proposed condominium plans shall be reviewed and approved by the Planning and
Development Department, Building and Safety Services Division prior to recordation of
the Parcel Map
• NOTE: This-condition shall be satisfied by obtaining a certification from the
Building and Safety Services Division that all structures comply with the
prevailing Uniform Building Code. In the event the structures do not comply they
must be modified so as to meet the requirement.
6. 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.
7. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants,
poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction
with the construction of these off-site improvement requirements, shall be the responsibility
and at the expense of the subdivider.
8. All existing overhead utilities, including but not limited to, electrical systems,communication
systems and street lighting systems shall be placed underground in accordance with the
provisions of Section 12-1011 and Resolution No. 78-522/88-229, and the policies of the
Public Works Department.
9. 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.
Conditions of Approval
Tentative Parcel Map No. 2009-10
October 12, 2009 `
Page 4
10. Sidewalks(including wheelchair ramp landings)and driveway approaches,for undeveloped
parcels of this parcel map, shall be required and constructed at the time of site development.
a) Curb ramps with "Detectable Warning Devices" are required at all corners within the
limits of this parcel map.
11. Whenever covenants or agreements are required, they shall be prepared by the city upon
receipt of the fee in acco+dance 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.
12. Telephone, cable, and other public utilities which propose above-ground facilities (such as
cabinets) determined by the Planning and Development Director to be oversized shall be
located in an additional easement area outside of the required landscape strip.
13. 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,
14. 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.
15. Existing improvements that are not to the planned alignment shall be removed and required
improvements installed to the new street alignment and grade. Existing improvements to
remain in place shall be repaired if determined to be damaged and/or off grade by the City
Engineer. Existing driveway approaches not identified for current or future utilization shall be
removed and sidewalk(when applicable),curb and gutter shall be installed to match existing
or proposed street line and grade as determined by the City Engineer.
16. A minimum four foot wide clear path of travel is required along the public sidewalk on all
frontages of the property as required by Title 24 of the California Administration Code as
determined by the City Engineer. An on-site pedestrian easement and construction of a path
may be required if Title 24 provisions cannot be met within the public rights-of-way. All such
public easements shall be identified and dedicated with the processing and recordation of
the Final Parcel Map and/or at the time of Special Permit review for the proposed
development of the parcel(s).
17. 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.
Conditions of Approval
Tentative Parcel Map No. 2009-10-
October 12, 2009
Page 5
18. 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.
19. Additional off-site improvements will be required at the time of future site plan review.
20. The subdivider may either construct or install the required improvements,when required;or,
enter into a bonded secured agreement with the City of Fresno providing for the construction
of the required improvements and sufficient security prior to the approval of the final parcel
map.
SPECIFIC CONDITIONS
STREETS AND RIGHTS-OF-WAY
21. Comply with all of the requirements and conditions of the Public Works Department,
Engineering Division memorandum dated October 08, 2009.
SANITARY SEWER SERVICE `
The nearest sanitary sewer mains to serve the proposed project are an 18-inch sanitary sewer main
located in East Olive Avenue and an 8-inch sanitary sewer main located in North Peach Avenue.
Sanitary sewer facilities will be available to provide service to the site subject to the following
requirements:
22. Comply with all of the requirements of the Department of Public Utilities, Planning and
Engineering memorandum dated September 09, 2009.
WATER SERVICE
The following conditions are required to provide water service to the development:
23. The subject property is located within the boundaries of the Bakman Water Company
service area.
a) The subdivider shall'provide documentation from the Bakman Water Company, which
demonstrates that appropriate water service levels are available to serve the proposed
parcels; and,which stipulates any conditions necessary in order to provide water service
to the project.
i) The subdivider Shall contact Bakman Water District for service conditions and/or
restrictions and provide appropriate documentation to the Planning and
Development Department prior to, or concurrent with, submittal of the Parcel Map
(final).
Conditions of Approval
Tentative Parcel Map No. 2009-10-
October 12, 2009
Page 6
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD)
24. 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 September 17, 2009.
DEPARTMENT OF PUBLIC WORKS-SPECIAL DISTRICTS/PROJECTS AND RIGHTS-OF-WAY
25. Comply with ail of the requirements of the attached memorandum from the Department of
Public Works, Parks Supervisor dated September 22, 2009.
FRESNO UNIFIED SCHOOL DISTRICT
26. Attached for the applicant/subdivider's records and/or consideration is the Fresno Unified
School District memorandum dated September 16, 2009
DEVELOPMENT FEES AND CHARGES
This project is subject to the following development fees and charges:
Fresno Metropolitan Flood Control District FEE/ RATE
Metropolitan Flood Control District Fee $3,529.00
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 N/A
Service Area:
d. Wastewater Facilities Charge 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] N/A
Conditions of Approval
Tentative Parcel Map No. 2009-10�
October 12, 2009
Page 7
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] $643.00/gross acre
(parcels 5 gross acres or more)
I. Transmission Grid Main Bond Debt Service Charge [1] $243.00/gross acre
(parcels 5 gross acres or more)
m. UGM Water Supply Fee [2] N/A
Service Area:
n. Well Head Treatment Fee [2] N/A
Service Area:
o. Recharge Fee [2] N/A
Service Area:
p. 1994 Bond Debt Service [1] N/A
Service Area:
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] N/A
s. Quimby Parkland Dedication Fee [2] N/A
t. Citywide Regional Street Impact Fee [3]
Commercial Office $13,726.00/adj. acre
u. New Growth Area Major Street Fee [3]
Commercial Office N/A
v. Police Facilities Impact Fee—.Citywide [4]
Commercial $665.00/1000 sq.ft. t
Conditions of Approval
Tentative Parcel Map No. 2009-10
October 12, 2009
Page 8
w. Traffic Signal Charge [1]
Commercial - $47.12/ADT t
x. Regional Traffic Mitigation Fee [3]
Commercial Office $0.85 sq.ft. t
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.
" 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).
[11 Deferrable through Fee Deferrar Covenant.
[2] Due at Final Map.
[31 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.
City of
ff-F .,
DATE: September 14, 2009 Amended October 8, 2009
TO: Will Tackett, Planner III
Development Department, Planning Division, Current Planning
THROUGH: Louise Gilio, Traffic Planning Supervisor
Public Works Department, Engineering Division u
FROM: Ann Lillie, Senior Engineering Technician
Public Works Department, Engineering Division
SUBJECT: Tentative Parcel Map 2009-10, Public Works Conditions of Approval
Location: 5140 East Olive Avenue: northwest corner of Peach and Olive
Owner: Van Ness Investments
5105 E Belmont Ave
Fresno; CA 93727
(559) 255-0324
Traffic Impact Study
This development will generate a total of 95 a.m. /289 p.m. peak hour trips, therefore, a Traffic Impact
Study (TIS) is requiredrp i0r to perfection of Parcel Map and occupancy of entitlement S-09-057.
Provide an executed copy of the attached covenant prior to the perfection of Parcel Map 2009-
10. See Exhibit"A".
Comply with Mitigated Measures as determined by the Public Works Department, Traffic
Engineering Manager.
Parcel Land Use Size Average Daily Trips (ADT) AM Pk PM Pk
I_ Hour Hour
A (S-09-057) General Office 13,230 SF 146 21 19
Building
B Commercial 71,983 SF 3,091 74 270
TOTAL : 3,237 95 289
The Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope
of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to
consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which
would mitigate the project and/or other related projects' significant impacts to a level of insignificance.
Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare
a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b.
PUBLIC IMPROVEMENT REQUIREMENTS
Page 1 of 3
PM 2009-10 5140 E Olive Ave
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 executedrp for to
perfection of this parcel map.
General Conditions
• Submittal of engineered construction plans to the Planning and Development Department for
approval must be made prior to the final map.
• All required signing and striping shall be installed and paid for by the developer/owner. The
signing and striping plans shall comply with the current Caltrans standards and be submitted as
a part of the street improvement plans.
• Additional offsite improvements will be required at the time of future site plan review.
• Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this
parcel map.
• Repair or replace all existing damaged and/or off-grade offsite concrete improvements as
determined by the City of Fresno Public Works Department, Construction Management Division,
(559) 621-5500.
• 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.
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.
The construction of any overhead, surface or sub-surface structures and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno
Public Works Department, Engineering Division, Special Districts/ Projects and Right of Way
Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building
permits.
Street Improvements
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department. The performance of any work within the
public street rights-of-way (including pedestrian and utility easements) requires a STREET WORK
PERMIT prior to commencement of work. Contact the City of Fresno Public Works Department,
Engineering Services Section at (559) 621-8686 for detailed information.
Page 2 of 3
PM 2009-10 5140 E Olive Ave
East Olive Avenue: Collector
1. Construct an underground street lighting system (3-4 lights)to Public Works Standard E-1
within the limits of this subdivision. Spacing and design shall conform to Public Works Standard
E-8 for Collector Streets.
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.
Fresno Major Street Impact (FMSI)Fees:
This entitlement is in the Infill Area; therefore pay all applicable City-wide regional street impact fees.
State of California Department of Transportation (Caltrans) Fees:
"No Comments" per Transmittal dated June 22, 2009.
Page 3 of 3
PM 2009-10 5140 E Olive Ave
When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
Planning and Development Department
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT AND REGARDING
TRAFFIC IMPACT STUDY AND PAYMENT FOR
INSTALLATION OF IMPROVEMENTS
APN: 456-270-17
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 2
WHEREAS, VANNESS INVESTMENT COMPANY, a general partnership, hereinafter
referred to as "Covenantor," is the owner of the real property situated in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more
particularly described as follows:
Lot 17 of Tract Map No. 3155, Peach Tree Village, in the City of
Fresno, County of fresno, Stated of California, according to the map
thereof recorded in Volume 37 Pages 999 and 100 of Plats, Fresno
County Records; and
WHEREAS, Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property which may ripen into a fee have subordinated to this instrument
and that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHEREAS, the Subject Property consists of approximately 8.06 acres, and Covenantor
is in the process of subdividing the Subject Property into proposed Parcel "A" consisting of 1.45
acres, and proposed Parcel "B" consisting of 6.61 acres, in accordance with the application for
Parcel Map 2009-10; and
WHEREAS, Covenantor proposes the construction of a 13,230 square-foot single story
office building on 1.45 acres of the 8.06 Subject Property in accordance with Special Permit
application designated as Site Plan Review Application No. S-09-057 and any amendments
thereto; and
WHEREAS, Covenantor is not currently developing proposed Parcel "B" of the Subject
Property, but development thereof is anticipated in the future; and
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 3
WHEREAS, the development of both Parcels "A" and "B" of the Subject Property will
generate an estimated peak hour trips and average daily trips such that a Traffic Impact Study
would be required prior to the perfection of Parcel Map 2009-10 and occupancy of entitlement S-
09-057; and
WHEREAS, Covenantor desires to develop Parcel "A" prior to a Traffic Impact Study being
performed for the entire Subject Property; and
WHEREAS, the City of Fresno is unable to issue occupancy of development associated
with S-09-057 on Parcel "A" or allow perfection of Parcel Map 2009-10 until Covenantor provides
assurances that Covenantor will 'pay for its fair share of a Traffic Impact Study and associated
costs of improvements and traffic mitigation for Parcel "A."
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Site Plan or Parcel Map by the City
of Fresno, Covenantor hereby covenants that the Subject Property shall be held, conveyed,
encumbered, used, occupied, developed, maintained, and improved subject to the following
covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness,
usefulness, value, and desirability of the Subject Property, the surrounding property, and the
public at large and to minimize possible adverse effects on the public health, safety, peace, and
general welfare, and to ensure payment of its percentage cost of the Traffic Impact Study and
improvements required as a result of the development of Parcel "A" or entitlement S-09-057.
Each of the covenants, conditions, and restrictions contained in this Statement shall run with
Parcel "A" of the Subject Property and shall be binding upon and inure to the benefit of each
successive owner of Parcel "A" of the Subject Property and his or her heirs, successors, and
assigns.
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 4
1. Covenantor shall pay for its fair share percentage of cost for preparation of a
Traffic Impact Study. Said Traffic Impact Study will encompass the entire Subject Property, but
will not be required until application for subdivision, entitlement, permit or development is sought
for any portion of the Subject Property not subject to S-09-057. Covenantor's fair share cost for
preparation of the Traffic Impact Report shall be based on its percentage of impact as identified in
the Traffic Impact Report.
2. Covenantor shall pay for Covenantor's fair share of mitigation fees and all costs or
expenses for identified in the Traffic Impact Study to mitigate impacts to traffic and circulation
reasonably related to the development permitted by S-09-057 or Parcel "A" of the Subject
Property. Covenantor acknowledges that these are its fair share of costs.
3. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenants shall run with the Subject Property and shall be binding on each successive owner of
the Subject Property, his heirs, representatives, successors, and assigns.
4. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of
the Subject Property, the owner shall disclose this Statement of Covenants to the buyer and
reserve and except from the deed for the parcel(s), the terms of this Statement of Covenants.
5. The conditions of this Statement of Covenants are intended to benefit the public
and public properties as well as properties appurtenant. Failure to comply with the terms of this
Statement of Covenants shall constitute a violation of Site Plan, Site Plan Review, Parcel Map
application process, and may result in the revocation of the Certificate of Occupancy, Special
Permit and other entitlement(s) by the City for use of any Parcel of the Subject Property involved.
Accordingly, the City of Fresno shall have the right to enforce this Statement of Covenants by any
legal or equitable means.
�. low
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 5
6. If the City is required to commence any proceeding or legal action to enforce or
interpret any term set forth in this Statement of Covenants, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses.
7. The conditions and obligations of this Statement of Covenants shall remain in full
force and effect until such time as the Planning and Development Director of the City of Fresno
issues a written release of such conditions and obligations and records such release with the
Fresno County Recorder.
8. The provisions of this Statement of Covenants shall be deemed independent and
severable and the invalidity or partial invalidity or unenforceability of any one provision or portion
thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the
context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,
any gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 6
DATED:
CITY OF FRESNO,
a Municipal Corporation
By:
John Dugan, Director
Planning and Development Department
COVENANTOR
VAN NESS INVESTMENT COMPANY,
a General Partnership
APPROVED AS TO FORM:
JAMES C. SANCHEZ By:
City Attorney
By:
Shannon L. Chaffin
Deputy City Attorney
(Attach Notary Acknowledgments)
Statement of Covenants Affecting Land Development
APN: 456-270-17
Page 7
CITY CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On before me,
Deputy City Clerk personally appeared
personally known to me (or provided to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument(s) the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
CITY CLERK
REBECCA E. KLISCH, CMC
City of
V40 14 V 01
DATE: September 14, 2009
TO: Will Tackett, Planner III
Development Department, Planning Division, Current Planning
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 2009-10, Public Works Conditions of Approval
Location: 5140 East Olive Avenue: northwest corner of Peach and Olive
Owner: Van Ness Investments
5105 E Belmont Ave
Fresno, CA 93727
(559) 255-0324
Traffic Impact Study
This development will generate a total of 95 a.m. / 289 p.m. peak hour trips, therefore, a Traffic Impact
Study (TIS) is required prior to perfection of Parcel Map and occupancy of entitlement S-09-057.
Comply with Mitigated Measures as determined by the TIS.
Parcel Land Use Size Average Daily Trips (ADT) AM Pk PM Pk
Hour Hour
A (S-09-057) General Office 13,230 SF 146 21 19
Building
B Commercial 71,983 SF 3,091 74 270
TOTAL : 3,237 95 289
The Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope
of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to
consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which
would mitigate the project and/or other related projects' significant impacts to a level of insignificance.
Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare
a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b.
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.
Page 1 of 3
PM 2009-10 5140 E Olive Ave
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.
General Conditions
• Submittal of engineered construction plans to the Planning and Development Department for
approval must be made rior to the final map.
• All required signing and striping shall be installed and paid for by the developer/owner. The
signing and striping plans shall comply with the current Caltrans standards and be submitted as
a part of the street improvement plans.
• Additional offsite improvements will be required at the time of future site plan review.
• Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this
parcel map.
• Repair or replace all existing damaged and/or off-grade offsite concrete improvements as
determined by the City of Fresno Public Works Department, Construction Management Division,
(559) 621-5500.
• 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.
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.
The construction of any overhead, surface or sub-surface structures and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno
Public Works Department, Engineering Division, Special Districts / Projects and Right of Way
Section, (559) 621-8693. Encroachment permits must be approvedrp for to issuance of building
perrnits.
Street Improvements
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department. The performance of any work within the
public street rights-of-way (including pedestrian and utility easements) requires a STREET WORK
PERMIT prior to commencement of work. Contact the City of Fresno Public Works Department,
Engineering Services Section at (559) 621-8686 for detailed information.
East Olive Avenue: Collector
Page 2of3
PM 2009-10 5140 E Olive Ave
1. Construct an underground street lighting system (3-4 lights) to Public Works Standard E-1
within the limits of this subdivision. Spacing and design shall conform to Public Works Standard
E-8 for Collector Streets.
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.
Fresno Maior Street Impact (FMSI)Fees:
This entitlement is in the Infill Area; therefore pay all applicable City-wide regional street impact fees.
State of California Department of Transportation (Caltrans) Fees:
"No Comments" per Transmittal dated June 22, 2009.
Page 3of3
PM 2009-10 5140 E Olive Ave
City of
ICE5L9+I\t--,\\lic
rnG,Ui V..v0pov Planning & Development Department
2600 Fresno Street •Third Floor Please Reply To:
Fresno, California 93721-3604 Will Tackett
(559) 621-8277 FAX (559) 498-1026 (559) 621-8063
VESTING TENTATIVE PARCEL MAP REVIEW NO. 2009-10
DATE: 9/9/2009
TO: Bryan Jones/Louise Gilio
Please review the attached Vesting Tentative Parcel Map No. 2009-10 and make your
comments below:
Return this for to: Will Tackett, Planner III, Planning and Development Department,
Planning Division. Should you have any questions call me at the number listed above.
COMMENTS:
City OI w� � �`�ySP�1SAilOR SdtiQ�
�sr
DP m
DEPARTMENT OF PUBLIC UTILITIES
q
4���ANRGfMfHT
Date: September 9, 2009 Providing Life's Essential Services
To: WILL TACKETT, Planner III
Planning and Development Department
From: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE PM-2009-10
General
PM-2009-10 proposing a two-lot commercial subdivision of approximately 8.06 net acres of C-6, Heavy
Commercial-with conditions of zoning, zone district property generally located on the southwest corner of
the intersection of East Olive and North Peach Avenues, 5140 East Olive Avenue, APN 456-270-17.
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 an 18-inch main located in East Olive
Avenue and an 8-inch sewer main located in North Peach Avenue. Sanitary sewer facilities are available
to provide service to the site subject to the following requirements:
1. Separate sewer house branches shall be provided to each lot created.
2. On-site sanitary sewer facilities shall be private
3. Abandon any existing on-site private septic systems.
4. The project developer should contact Wastewater Management Division/Environmental Services
(559) 621-5100 regarding conditions of service for special users.
Sanitary Sewer Fees
1. Sewer Lateral Charge.
2. Sewer Oversize Char! '00_�
3. Trunk Sewer Charge.
4. Sewer Facility Charge (Non-Residential Only)
5. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of
Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility
Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge
where applicable.
6. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on
metered (water or sewer effluent) usage. The developer may contact the Department of Public
Utilities/Wastewater-Environmental Control at(559) 621-5153 to receive an estimated cost of the
Sewer Facility Charges applicable to the project(based on a constant sewer discharge and loading
(Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the
current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall
provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels]
required for calculating the estimated charges.
City of ySl�tto� soc�o�i
FRESNO y
DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION
DPU
DATE: September 23, 2009 Providing Life's Essential Services
TO: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Administration
FROM: MICHAEL CARBAJAL, Chief Engineering Technician Com)
Department of Public Utilities, Water Division
SUBJECT: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2009-10
The subject development is within the Bakman Water Company service area. No comments will
be made at this time.
TAPROJWMEC\Conditions of Approval\PM 2009-10 092209.doc
City of
rnn_ sN a 411
DEPARTMENT OF PUBLIC UTILITIES
Date: June 19, 2009
To: MCKENCIE CONTRERAS, Planner I
Planning and Development Department, Advance Planning
From: CHRIS WEIBERT, Management Analyst II
Public Utilities Department, Administration
Subject: S-09-057, filed by Donald Bremseth, on behalf of Bakman Enterprises, pertains to 8.0 acres of
property located on the southwest comer of East Olive and North Peach Avenues. The
applicant proposes the construction of a 13, 230 square-foot single story office building on
vacant property south of the Fresno Yosemite International Airport. The property is zoned
C-6-cz, Heavy Commercial-conditions of zoning. The proposed project is consistent with the
2025 Fresno General Plan and the Roosevelt Community Plan planned land use designation of
community commercial.
Environmental Comments
Project site is located within the jurisdiction of another provider for water service. The applicant should
contact Bakman Water District for service conditions and/or restrictions.
Page 1 of 1
r
,%EW � File No.210.411
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Kevin Fabino VAN NESS INVESTMENTS
Planning&Development Department 5105 E.BELMONT.AVE.
City of Fresno FRESNO,CA 93727
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 2009-010 PRELIMINARY FEE(S)(See below)
DRAINAGE ARE (S) " X G DRAINAGE AREA X " $1,133.00
DATE DRAINAGE AREA G $2,396.00
TOTAL FEE $3,529.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee O
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee. O
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable. O
b) Fees may be calculated based on the actual percentage of runoff if different than that j
typical for the zone district under which the development is being undertaken and if O
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.
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
2109010 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two aided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
fl Any request for a drainage fee refund requires the entitlement cancellation and a
written request addressed to the 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 #--2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan Storm Drain Plan Final Map
Street Plan Water&Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest
Flood Insurance Rate Maps available to the District, necessitating appropriate
floodplain management action. (See attached Floodplain Policy.)
�N-0u, 5469 E OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
X Appears to be located within a 500 year flood prone area as designated on the latest
Flood Insurance Rate_Maps available to the District.
Does not appear to be located within a flood prone area.
6. The subject site contains a portion of a canal or pipeline that is used to manage
recharge, storm water, and/or flood flows.The existing capacity must be preserved
as part of site development. Additionally, site development may not interfere with
the ability to operate and maintain the canal or pipeline.
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities(State General Permits)require
developers of construction projects disturbing one or more acres, and discharges associated with
industrial activity not otherwise exempt from National Pollutant Discharge Elimination System
(NPDES)permitting, to implement controls to reduce pollutants, prohibit the discharge of waters
other than storm water to the municipal storm drain system, and meet water quality standards.
These requirements apply both to pollutants generated during construction, and to those which O
may be generated by operations at the development after construction.
■
a. State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre(or less than one acre if part of a O
larger common plan of development or sale). Permittees are required to: submit a O
Notice of Intent to be covered and must pay a permit fee to the State Water Resources
Control Board (State Board), develop and implement a storm water pollution
prevention plan,eliminate non-storm water discharges, conduct routine site '
inspections, train employees in permit compliance, and complete an annual O
certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC)code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board,develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges,conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
nu 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines(available at the District Office)to
meet the requirements of the State General Permits,eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
8. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
9. The District reserves the right to modify,reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
10. X See Exhibit No. 2 for additional comments,recommendations and requirements.
il
Gerald E.Lakeman, Project Engineer: Rick Lyons
District Engineer
C: DALE G.MELL&ASSOCIATES
2090 N. WINERY AVE.
FRESNO,CA 93703
Bio 54691-OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE:
THIS MAP IS SCHEMATIC
DISTANCES ARE APPROXIMATE.
I I I
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11G"
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G p OLIVE AVE 130 t
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4'
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TPM 2009-010
I I
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LEGEND
Point of Connection to Existing
Storm Drain System
-��- Direction of Drainage
-- --- Inlet Boundary
--- — Drainage Area Boundary
Private Facilities
0-- -- Existing Master Plan Facilities TPM 2009-010
1 = 200' DRAINAGE AREA "X"
EXHIBIT NO. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
OTHER REQUIREMENTS
EXHIBIT NO. 2
Parcel."B" is required to grant drainage covenant for Parcel "A"to allow surface runoff to reach
existing Master Planned facilities located on at the southwest comer of Parcel"B".
Major storm flow break over shall be directed to Olive Avenue, excepting the easterly portion of
Parcel "B"designed to drain to Peach Avenue as shown on Exhibit No. 1.
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.
In an effort to improve storm runoff quality, outdoor storage areas shall be
constructed and maintained such that material that may generate contaminants will be
prevented from contact with rainfall and runoff and thereby prevent the conveyance
of contaminants in runoff into the storm drain system.
The District encourages, but does not require that roof drains from non-residential
development be constructed such that they are directed onto and through a
landscaped grassy swale area to filter out pollutants from roof runoff.
Runoff from areas where_industrial activities, product, or merchandise come into
contact with and may contaminate storm water must be directed through landscaped
areas or otherwise treated before discharging it off-site or into a storm drain. Roofs
covering such areas are recommended. Cleaning of such areas by sweeping instead
of washing is to be required unless such wash water can be directed to the sanitary
sewer system. Storm drains receiving untreated runoff from such areas that directly
connect to the District's system will not be permitted. Loading docks, depressed
areas, and areas servicing or fueling vehicles are specifically subject to these
requirements. The District's policy governing said industrial site NPDES program
requirements are available. Contract the District's Environmental Department for
further information regarding these policies related to industrial site requirements.
Development No. TPM 2009-010
K:U'ermits\Exhibit2\City-tpm\2009\2009-0 I0.doc(rl)
DEPARTMENT OF r-UBEIC WORKS
TO: Will Tackett, Planner III
Planning Department
FROM: Hilary Kimber, Parks Supervisor II (559.621.8794)
Public Works, Engineering Division
DATE: September 22, 2009
SUBJECT: Tentative Parcel Map 2009-10
The Department of Public Works offers the following comments regarding TPM 2009-10,
Located on the southwest corner of North Peach and East Olive Avenues
(APN: 456-270-17) on plans designed by Dale Mell dated July 17, 2009:
GENERAL REQUIREMENTS
1 . Public Works requires one tree per 60 lineal feet of street frontage. There is a
total of 700 lineal feet on East Olive Avenue resulting in the requirement of twelve (12)
street trees to be planted.
2. There is a total of approximately 337 lineal feet of street frontage on N. Peach
Ave. resulting in the requirement of six (6) street trees. There is a parkstrip/sidewalk at
the north end of this project on N. Peach Ave. which becomes a monolithic sidewalk to
accommodate the bus bay. Trees may be planted onsite within 10' of the back of the
walk in-lieu-of street trees.
3. The designated street tree for E. Olive Ave. is:
Fraxinus oxycarpa `Raywood' Raywood Ash
******Because of the Raywood's narrow angle of branch attachment and
susceptibility to Fusarium Wilt, other Fraxinus species such as `Autumn
Applause', `Autumn.Purple' or `Rosehill' are preferable.
The designated street tree for N. Peach Ave. is:
Quercus virginiana Southern Live Oak
4. Public Works requires landscape and irrigation plans at the scale of V=20' to be
submitted prior to installing the landscaping.
BOARD OF EDUCATION
Valerie F.Davis.,President
e Michelle A.Asadoorian,Clerk
Lindsay Cal Johnson
Fresno Unified Carol Mills,J.D.
Larry A.Moore
Janet Ryan
School District Tony Vang.,Ed.D.
SUPERINTENDENT
Preparing Career Ready Graduates Michael E.Hanson
September 16, 2009
Will Tackett,Planner III
City of Fresno
Planning&Development Department
2600 Fresno Street,Third Floor
Fresno, CA 93721-3604
SUBJECT: REVIEW OF PROPOSED VESTING TENTATIVE PARCEL NIAP NO. 2003-10
(APN#456-270-17)
Dear Mr.Tackett,
In response to your request for review and comment on the Vesting Tentative Parcel Map Review No. 2009-10,
Fresno Unified School District submits the following:
Any urban residential development occurring as a result of project approval will have an impact on the District's
student housing capacity. The District, through local funding, is in a position to mitigate its shortage of classrooms
to accommodate planned population growth for the foreseeable future. However, the District recognizes that the
legislature, as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts
are mitigated as a consequence of SB 50's Level 1, 2 and 3 developer fee legislative scheme.
Any new development on the subject property or conversion of non-habitable to habitable space is subject to
development fees of$2.97 per square foot for residential and $0.47 per square foot for commercial development.
Any new development on the property will be subject to the development fee prior to issuance of a building permit.
Attendance area information: The project is presently within the attendance areas of the schools identified below.
Elementary School: Turner
Intermediate School: Kings Canyon
High School: Sunnyside
Thank you for the opportunity to comment. Please contact me at 457-3074 if you have any questions or require
additional information regarding our comments.
Sincerely,
(3 &�
Lisa LeBlanc,Executive Director
Facilities Management and Planning
LL:hh
c: File
2309 2LlarsS&M • Fres m Ca 93721-2287 • www,{res�ro kl2ca�s
vt ` Randy R. Bruegman
Fire Chief
Bureau of Fire Prevention and Investigative Services
911 H Street
Fresno, California 93721-3083
j R (559) 621-4000 FAX (559) 498-4323
www.fresno.gov
DATE: September 11, 2009
TO: Will Tackett, Planner III
Planning and Development Department
FROM: Rick Fultz, Senior Fire Prevention Inspector
Fire Department
SUBJECT: 5140 E Olive, Proposed Tentative Parcel Map 2009-10
The Fire Department has completed a review of the Proposed Tentative Parcel Map 2009-10.
The following requirements and conditions are to be placed on this Pre App tentative tract map as
a condition of approval by the Fire Department.
General Requirements:
This project less than 2 miles From Fresno City Fire Station No.1 .
Other site access and hydrant issues will be addressed on Site Plan or CUP review.
"To protect and serve and to put service above all else."
Street Name Review
TPM-2009-10 9/23/2009
Street Name Status Required Change
East Olive Avenue Good
East Clay Avenue Good
North Bailey Avenue Good
North Sylmar Avenue Good
North Peach Avenue Good
�1'k7F OF CALIFOT;IIIA_ RUSINE" 'fRANSPQR . ION AND'HOUSING AGENCY _ QLD 3Cj1YAR7ENEG0ER.Governor
DEPARTMENT OF TRANSPORTATION
1352 WF5T OLIVE AVENUE a:
P.O. BOX 12616
F RE SNO.CA 93778-2616
PHONE (559)488-4349 Flex our ower!
FAX (559)488-4088 Be lexyonergy a power!
-1--Y (559)488-4U66
September 9, 2409
213'1-IGR/CEQA
6-FRE-180-62.43+/-
TPM 2009-10
Mr. Will Tackett
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Tackett:
Caltrans has reviewed the tentative parcel map for the property located on the southwest corner
of East Olive and North Peach Avenues. We have the following comments:
We have no conunents on the map itself. Caltrans requests the opportunity to review and
comment on any specific development proposal for these two parcels..
If you have any questions,please call me at (:559) 488-4347.
Sincerely,
JOANNE STRIEBICH
Office of Transportation Planning
District 6
C: Mr. Scott Mozier, City of Fresno Public Works Department
Mr. Bryan Zones, City of Fresno Public Works Department
Mr. Tony Loren, Council of Fresno County Governments
"Callrans improres mobility across California"
City of
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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. 2009-10
DATE: 9/9/2009
TO: YeghiaOulashian
Supervising Plans Examiner
Please review the attached Vesting Tentative Parcel Map No. 2009-10 and make your
comments below:
Return this for to: Will Tackett, Planner III, Planning and Development Department,
Planning Division. Should you have any questions call me at the number listed above.
COMMENTS:
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Will Tackett
From: Allen, Glenn [glallen@co.fresno.ca.us]
Sent: Wednesday, September 16, 2009 11:12 AM
To: Will Tackett
Cc: Kahl, Stephanie
Subject: TPM 2009-10 Comments
I have completed the review of the subject application and have no comments to offer at this time.
Thank you,
Glenn Allen, REHS, M.S.
Environmental Health Specialist III
County of Fresno Environmental Health Division
Phone (559) 445-3357
e-mail: glallen@co.fresno.ca.us
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City Of
ff-FA E wd&p Planning & Development Department
2600 Fresno Street • Third Floor Please Reply To:
Fresno, California 93721-3604 Will Tackett
(559) 621-8277 FAX (559) 498-1026 (559) 621-8063
VESTING TENTATIVE PARCEL MAP REVIEW NO. 2009-10
DATE: 9/9/2009
TO: AlanJames
Please review the attached Vesting Tentative Parcel Map No. 2009-10 and make your
comments below:
Return this for to: Will Tackett, Planner III, Planning and Development Department,
Planning Division. Should you have any questions call me at the number listed above.
COMMENTS:
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