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Home My WebLink AboutPM 2010-11 - Conditions of Approval - 9/15/2011 city of C'MCA L%I\I rn-ZW"M%A1kVF Development&Resource Management Department 2600 Fresno Street *Third Floor John M. Dugan,AICP Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1026 April 06, 2011 Please reply to: Will Tackett (559) 621-8063 Rafael D. Divina P.O. Box 186 Madera, California 93637 SUBJECT: NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP NO. 2010-11, PROPOSING A 2-LOT RESIDENTIAL PLANNED DEVELOPMENT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST TULARE STREET BETWEEN NORTH WILLOW AND NORTH PEACH AVENUES. (APN[S]: 462-043-29) The City of Fresno Development Services Division has completed its review of the subject parcel map. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is written to advise you that the Conditions of Approval dated April 06, 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 April 21, 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 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. If you wish additional information, please contact the City of Fresno, Development and Resource Rafael D. Divina Tentative Parcel Map No. 2010-11 April 06, 2011 Page 2 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 April 21, 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, DEVELOP . 'T SERVICES DIVISION Will aPkett, Planner III D rlq'pment& Resource Management Department Enclosures: Tentative Parcel Map No. 2010-11 dated February 02, 2011 Conditions of Approval dated April 06, 2011 CITY OF FRESNO DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 06, 2011 TENTATIVE PARCEL MAP No. 2010-11 "A PLANNED DEVELOPMENT" NORTH SIDE OF EAST TULARE STREET BETWEEN NORTH WILLOW 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 Vesting Tentative Parcel Map No. 2010-11, 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. PLAN CONSISTENCY The subject site is located within the boundaries and jurisdiction of the 2025 Fresno General Plan and Roosevelt Community Plan. In accordance with Section 12-403-B-2 of the FMC a zone district that does not meet the criteria of the Zone District Consistency Table may be determined consistent with the corresponding land use designated by the General Plan or an applicable Community Plan subject to the submittal of a development plan. Site Plan Review Application No. S-09-095 was approved on March 18, 2010, authorizing the development of a total six residential units on the subject property. As a proposed Planned Development, the existing R-2-A/cz (Low Density Multiple Family Residential, One Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 2 Story/with conditions of zoning), zone district may be determined to be consistent with the existing Medium Density Residential planned land use designation for the subject property subject to development on the subject property occurring in accordance with Site Plan Review Application No. S-09-095 and Tentative Parcel Map No. 2010-11. ZONING 1. Comply with the provisions of the State of California Government Code Sections §66410 - §66499.58 of the SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real Property). CONDITIONS OF ZONING 2. On January 08, 1985, the Council of the City of Fresno adopted Ordinance No. 85-4 approving Rezone Application No. R-7139 and establishing conditions of zoning respective to the development of the subject property. These conditions of zoning stipulate that the subject property shall be treated as a single parcel for purposes of development; and, that the density of the subject property shall not exceed ten dwelling units per acre. As the subject property will be subdivided and developed as a Planned Development with shared/common access, utilities, open space areas, etc. (i.e., lots will not be developed independently or exclusive of each other), at a maximum density of 10 dwelling units per acre,the conditions of zoning for the subject property are determined to have been satisfied by the proposed Planned Development of the subject property pursuant to compliance with Site Plan Review Application No. S-09-095 and Tentative Parcel Map No. 2010-11; and, do not affect recordation of the Parcel Map. MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS 3. Proposed Parcels "A" and "B" of Vesting Tentative Parcel Map No. 2010-11 are consistent with the existing R-2-A (Low Density Multiple Family Residential, One Story) zone district subject to approval of a special permit for a planned development project; and,the following: a) The site/development plan for Site Plan Review Application No. S-09-095 shall be revised, prior to recordation of a Parcel Map, to include the property lines as proposed pursuant to Tentative Parcel Map No. 2010-11; thereby authorizing the creation of the planned development. i) The site/development plan for Site Plan Review Application No. S-09-095 shall be corrected and finalized pursuant to the Conditions of Approval for Site Plan Review Application No. S-09-095 prior to recordation of a Parcel Map. Submit copies of the corrected, final site plan to the Development and Resource Management Department for final review and approval. • NOTE: Corrections shall include those listed within the project conditions of approval as well as any/all redline notes, corrections, etc., shown on original application exhibits (i.e., site plan, elevation, landscape and irrigation plans). Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 3 b) In accordance with the provisions of Sections 12-211.15 of the Fresno Municipal Code, the"R-2-A" District shall have adequate vehicular access from a dedicated and improved street, alley, or recorded private access to off-street parking facilities on the property requiring off-street parking. • NOTE: All parcels must provide and maintain access to the public street right-of- way in accordance with the planned development special permit, Site Plan Review Application No. S-09-095. i) Execute a Mutual Easements and Reciprocal Use Agreement between Parcels "A" and "B" of Tentative Parcel Map No. 2010-11. The Mutual Easements and Reciprocal Use Agreement shall, at a minimum, provide: (1) Mutual and reciprocal access to East Tulare Avenue; (2) Shared parking; (3) Cross drainage; (4) Shared solid waste facilities; and, (5) Provisions and obligations for retention and maintenance of access, utilities, fire suppression systems, facilities and improvements on the subject property. ii) 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 eni:itlements for the respective properties (Site Plan Review Application No. S-09-095); 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 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 Development and Resource Management Department at (559) 621-8277. iii) Final, executed and notarized documents shall be recorded with the parcel map. iv) 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. Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 4 GENERAL CONDITIONS 4. 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 Development and Resource Management 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. 5. 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 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. 6. 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. 7. 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. 8. 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. 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). Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 5 9. 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: 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. a) 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. b) Any existing sidewalks in excess of 2%maximum slope must be brought into compliance prior to acceptance by Public Works. c) Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this parcel map. 10. Repair all existing damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. 11. 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. • NOTE: There are no existing driveway approaches on the subject property, which are required to be removed with the Parcel Map. 12. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type, location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 13. 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. 14. 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. 15. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants, Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 6 poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction with the construction of off-site improvement requirements, shall be the responsibility and at the expense of the subdivider. 16. 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). 17. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. SPECIFIC CONDITIONS STREETS AND RIGHTS-OF-WAY 18. Right-of-way dimensions for East Tulare Street are shown inaccurately on the tentative parcel map. Correct the tentative parcel map in accordance with the redline corrections provided on the tentative parcel map dated February 02, 2011; and, verify with the Development and Resource Management and Public Works Departments for approval prior to submittal of a Parcel Map. • NOTE: The legal description for the subject property, as described within the Preliminary Report and Grant Deed provided for the tentative parcel map, does not except the south 10.96 feet of the respective portion of Lot 24 of Easterby Rancho as deeded to the County of Fresno (fee title). See various deed documents attached for further information. 19. Comply with all of the requirements and conditions stipulated within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated February 23, 2011. 20. 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 applying to the subdivision or the division of land as designated in the Master Fee Schedule. • NOTE: Attached for the property owner/subdivider's records and/or consideration is the memorandum from the Public Works Department, Park Supervisor dated March 30, 2011, indicating that the requirement for street trees has been met. Contact the Parks Supervisor, Hilary Kimber at(559)621-1345 for further information. Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 7 SANITARY SEWER SERVICE Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 21. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated February 11, 2011. WATER SERVICE The subject property is located within the jurisdiction of Bakman Water District. The following water improvements shall be required prior to providing water service to the project: 22. Comply with any and all requirements as stipulated by the Bakman Water District in accordance with all Bakman Water Company's Material and Installation Standards for mains, service lines, backflows, hydrants, etc. • NOTE: Water service shall be provided under the rules and regulations of the California Public Utilities Commission and California Health Services a) The subdivider shall provide a comprehensive notice of requirements from Bakman Water Company to the Development and Resource Management Department prior to acceptance of a Parcel Map. Contact Richard Tim Bakman of the Bakman Water Company at (559)255-0324 for further information. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) 23. 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 February 07, 2011. CITY OF FRESNO FIRE DEPARTMENT 24. Development on the subject property shall comply with all of the requirements stipulated within the attached memorandum from the City of Fresno Fire Department dated September 11, 2009; pertaining to Site Plan Review Application No. S-09-095. AT&T 25. Comply with all requirements stipulated within the attached memorandum from AT&T California dated February 04, 2011. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 26. Attached for the property owner's records and consideration is the memorandum from the Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 8 County of Fresno, Department of Public Health dated February 14, 2011. FRESNO UNIFIED SCHOOL DISTRICT 27. Attached for the property owner's records and consideration is the memorandum from the County of Fresno, Department of Public Health dated February 03, 2011. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: a. Fresno Metropolitan Flood Control Fee $2,760.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge [2] N/A Service Area: e. Wastewater Facilities Charge * [3] S.T.E.P.** f. Fowler Trunk Sewer Interim Fee Surety [1] N/A g. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE h. Water provided by Bakman Water Company. CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE i. Fire Facilities Impact Fee — Citywide [4] $439.00/living unit j. Park Facility Impact Fee—Citywide [4] $2,764.00/living unit k. Quimby Parkland Dedication Fee [2] N/A I. Citywide Regional Street Impact Fee [3] $13,846.00/adj. acre m. New Growth Area Major Street Fee [3] N/A n. Police Facilities Impact Fee — Citywide [4] $508.00/living unit o. Traffic Signal Charge [1] $316.65/living unit tir 1W. Conditions of Approval Tentative Parcel Map No. 2010-11 April 06, 2011 Page 9 p. UGM Right of Way Acquisition Charge [2] N/A 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. *The Wastewater Facilities Charge and the Trunk Sewer Charge are only applicable to single family,duplex, and triplex developments. (FMC 9-501.1 (h)) **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. CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2010-11 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Jose Barraza 4177 East Heaton Avenue Fresno, California 93727 PROJECT LOCATION: Located on the north side of East Tulare Street between North Willow and North Peach Avenues. (APN: 462-043-29) PROJECT DESCRIPTION: Vesting Tentative Parcel Map No. 2010-11 proposes a two-lot residential planned development subdivision of approximately 0.60 acres of R-2-A/cz (Low Density Multiple Family Residential District, One Story/with conditions of zoning) zoned property. The proposed subdivision is consistent with the Medium Density Residential planned land use designation of the 2025 Fresno General Plan, and Roosevelt Community Plan. This project is exempt under Section 15315 (Class 15/Minor Land Divisions) and Section 15332 (Class 32/In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315 (Class 15/Minor Land Divisions)of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available,the parcel was not involved in a division of a larger parcel within the previous 2 years,and the parcel does not have an average slope greater than 20 percent. Section 15332 (Class 32/In-Fill Development Projects) of the CEQA Guidelines exempts from the provisions of CEQA, projects characterized as in-fill development where the project:(a)Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b)Occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) Site has no value as habitat for endangered, rare or threatened species; (d) Approval would not result in any significant affects relating to traffic, noise, air quality, or water quality;and, (e)Site can adequately be served by all required utilities and public services. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Date: April 06, 2011 N Q Prepared By: Will Tacke , tanner III _ a �- Submitted by: I-IJ t'D x Will T kett Uf Plan e III Ls� v City f resno �= r Dev opment & Resource Management Dept. 'r +� (559) 621-8277 c�-s V City of CESC1111M1k Development and Resource Management Department Fresno City Hall, 2600 Fresno Street, Fresno CA 93721-3604 559-621-8277 (Will.Tackett(a@fresno.gov ) DATE: FEBRUARY 2, 2011 PLEASE RESPOND BY: THURSDAY, FEBRUARY 17, 2011 FROM: WILL TACKETT, PLANNER III SUBJECT: REVIEW OF PROPOSED TENTATIVE PARCEL MAP DESIGN TENTATIVE PARCEL MAP NO. 2010-11 FOR APPROXIMATELY 0.60 ACRE OF PROPERTY LOCATED ON THE NORTH SIDE OF EAST TULARE STREET BETWEEN NORTH WILLOW AND NORTH PEACH AVENUES APN: 462-043-29 ADDRESS: 5179 EAST TULARE STREET (site address) TO: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION • Bryan Jones/Louise Gilio—Traffic Engineering • Gary Witzel - Plan Check and GIS Mapping GpMM�urS • Alan James- Special Districts and Rights of Way s '4j "4 i4 7T-Aq C ff E D • Hilary Kimber-Special Districts and Rights of Way O DEPARTMENT OF PUBLIC UTILITIES • Michael Carbajal—Water Division • Doug Hecker— Utilities Planning and Engineering FIRE DEPARTMENT • Michael Schmidt—Fire Prevention and Investigation Division/Technical Services DEVELOPMENT AND RESOURCES MANAGEMENT DEPARTMENT • Yeghia Oulashian— Building and Safety Services/Corrimercial Operations • Kevin Fabino/Mike Sanchez— Development Services/Current Planning • Alan Kawakami— Development Services/Land Division and Engineering • Jon Bartel—Development Services/Land Division and Engineering • Frank Saburit— Development Services/Land Division and Engineering FRESNO AREA EXPRESS • John Downs/Christopher Preciado—Transportation Planning STATE DEPARTMENT OF TRANSPORTATION (Caltrans)— Michael Navarro/Jennifer Bryan-Sanchez FRESNO UNIFIED SCHOOL DISTRICT—Vivian Bourbonnais/Heidi Heltne FRESNO METROPOLITAN FLOOD CONTROL DISTRICT AT&T— Lon Downer, Right of Way OSP Engineer PACIFIC GAS AND ELECTRIC COMPANY—Andy Smith/Gage Fleming/ Randy Walker FRESNO IRRIGATION DISTRICT—James Shields COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH —Stephanie Kahl We greatly appreciate your review, comments, and response to the proposed tentative parcel map. Title No. 11-45032312-A-LM Locate No. CAC-H7710-7710-4450-0045032312 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF LAND IN LOT 24 OF EASTERBY RANCHO, ACCORDING TO THE MAP OF SAID EASTERBY RANCHO, RECORDED JUNE 24, 1880, IN VOLUME 2 OF PLATS,AT PAGE 6, FRESNO COUNTY RECORDS,AND MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF LOT 24 AND 220 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT,THENCE WEST ALONG THE LOT LINE, 112 FEET,THENCE NORTH 210 FEET,THENCE EAST 112 FEET,THENCE SOUTH 210 FEET MORE OR LESS TO THE POINT OF COMMENCEMENT. ALSO INCLUDING THE EAST 20.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: PARCEL 1 OF PARCEL MAP NO.3827 AS PER MAP OR PLAT THEREOF FILED IN BOOK 25, PAGE 74,OF PARCEL MAPS, FRESNO COUNTY RECORDS, BE-ING A PORTION OF LOT 24 OF EASTERBY RANCHO, ACCORDING TO THE MAP THEREOF RECORDED JUNE 24, 1880, '111 BOOK 2, PAGE 6 OF PLATS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 462-043-29 o � No f rD216R'G� n Digo 2 CLTA Preliminary Report Form-Modified(11/17/06) Escrow No.: 05-45002137-LG Locate No.: CACT17710-7710-4450-0045002137 Tide No.: 05-45002137-EH EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A portion of land in Lot 24 of Easterby Rancho, according to the map of said Easterby Rancho, recorded June 24, 1880, in Volume 2 of Plats, at Page 6, Fresno County Records, and more fully described as follows: Commencing at a point on the Southerly line of Lot 24 and 220 feet West of the Southeast corner of said lot,thence West along the lot line, 112 feet,thence North 210 feet,thence East 112 feet,thence South 210 feet more or less to the point of commencement. Also including the East 20.00 feet of the following described parcel: Parcel 1 of Parcel Map No. 3827 as per map or plat thereof filed In Book 25, Page 74, of Parcel Maps, Fresno County Records, being a portion of Lot 24 of Easterby Rancho,according to the map thereof recorded June 24, 1880, in Book 2, Page 6 of Plats, in the Office of the County Recorder of said county. SorrrH p�sG, poEs Ijo 7- P7- 0 7-h`,5 Initials: EK FRESNO COUNTY RECORDERS OFFICE Tulare Avenue Winery to Clovis ,coutstttsrl� Gr.s.s .•-pax S�� T DEED Parcel No. is IIGCOROFD IN Om., ,LW'1 b I. l ptItwum CALIFORMA f` (too simple) rHss m5499 wA513 :Lt A etlowN,eool.tr nrro a« s For value received,DEPARTMENT OF VETERANS AFFAIRS OF THE STATE Or CALIFORNIAs RODERT H. KASTNER AND EL27.ASETH T. KASTNER, his wife ►ani)grant@ to the fDUN'iY OF RIESNO, s political aubdlvisloa of the State of Coll(of. ala, all tkat rest property situate in the County of Fresno, State of California, deacrlbed u follo.s, to-wit: The 4outh 10.96 feet of the West 105 feet Of the East 332 feet of Lot 24 of EASTERSY RANCHO according to the map thereof, recorded in Plat Hook 2, page 6, Fresno County Records. ror the purpose of this description, the South boundary of amid Lot 24 is assumed to be 20 feet North of the South boundary of Northeast 1/4 Section 6, Township 14 South, Range 21 East, N.D. E. i M. and the East boundary of said Lot 24 is assumed to be 20 feet West of the East boundary of said Northeast 1/4. Together with underlying fee interest appurtenant to the above described property in and to the adjoining public ways, Tulare Avenue. Containing 3251 square feat, of land, moro or less, which includes 2100 square feet, of land, more or less within the existing County right of wq and a net area of 1151 square feet, more or less. hrtd this 19th. r&s of September 1967- Our DE#W ArrAIRS Or THE RiLile ted is presence otl t 1fI HYt..__ ueL� iad�0eoi'""'."'«"►Brat) TrATI OF CALIFORNIA ss. ca ny N tea...ua. ( 00- October IO 11 7.Aeh,e r tl.....d.,ele.M,a ICOM,m.A110 N-A 1,veU C 7 r.a Sftk% We..rlte � C. J. User ,b. M r to M ee e.AAMls.d.Meer wAs es.eM.d/F. wiMM M.m,rM.w A.Irtt.l m.►D.IMMrM.t y f.-Am.b..!11,.Um d Ce11t..k*A 4.-. d, .J wvi.ar.4 Met.,wh d.ecct.wt e....,t.d tFe..r. t4TNt q and.Nle .«I., . • ca....,a.ee....to J hi:N i.-W 1..eWag 7ti. -T_7T. AtA.whle.rM.A.AM�W OmN.r - FRESNO COUNTY RECORDERS OFFICE October 31, 1967754uJe50!� 77WA I OWNUra AT$encases-a FaALIFORNIAI R OF ACCEPTANCE OF EDS AWD RICHT OF NAY .) AT MIN �P FROM THF DEPARTMENT OF ) IRS OF THE STATE OF ) OBERT H. KASThER ) NOV 9igR7 AND ELIZABETH T. KASTNER FOR A ) =5499 P PORTION OF TULARE AVENUE, NIhERY ) ,11tsnocoun�r,9u:�� TO CLOVIS AVENUES ) J.L.RN",counrr ALCOMER - - - - - - - - - - - - - - - - y—& ',w/ 3Lo WHEREAS, the County of Fresno desires to obtain '1.1 that real property situate in the County of Fresno, State of-Califorais, and described &a follows, to-wit: The South 10.96 loot of the Nest 105 feat of the Lest 332 feat of Lst 24 of Easterby Rancho accord- Sag to the sap thereof, recorded in Plat Book 2, Page 6, Fresno County Records. for thepuepoae of this description, the South boundary of said Lot 24 is assumed to be 20 feet North of the South boundary of Northeast 1/4 Section 6, Township 14 South, Range 21 Cast, N.D. A. t K. sad the Lest boundary of said Lot 24 in assuand to be 20 feat Nast of the Feat boundary a! maid Northeast 1/4. Together with underlying fee interest appurtenant to the above described property in and to the ad- Joining -qublio ways, TuLare Avenue. Coitainin 3251 square feet of land, more or less, which includes 2100 i:quara iaet, of land, more or leas within the existing County right of way and a pet area of 1151 square Ckiet, mors, or leu= A180 The South 10.96 feat of the West 7 feat rt the last 227 fact of Lot 24 of 6astcrby Rancho accord- ing to the amp thereof, racordod in Plat Book 2, Page 6, Fresno County Records. For the purpose of this-desoription, the South beundarF of raid lot 24 is assumed-to be 20 fact North of the South boundary of Northeast LA section 6, Township 14 South, Range 21 East, H.D.B. tri. sad the Last boundary of maid Lot 24 is assumed to be 20 feat Nest of the East boundary of amid North- test 1/4. Together with underlying foe intactt appurtanant a to the above desoribad proparty in nd to the ad- joining public ways, Tula?t AVenU%. Coaemieiangg 217 square feat of land, aura or leas, which inoludes 140 square feet of land, more or lass within the existing County right of way -And ■ net area of 77 square feet, more or lata$ and (Continued) j FRESNO COUNTY RECORDERS OFFICE m5471 w3- 96' AT pcQuw at M l(1W.1!C-'A'T1 M:t;0. 55594 AT f—Mr&PAST 1 U IN TIM MATTER Or ACCEPTANCE OF ) BllQf(5jur. 17 j hJ6 GRAWr DEED rRO�4 FLORENCE J. TAYLOR ) FOR A PORTION Or TULARS AVENUE, WINYRY) rvr-:a -aparv,CA VORMA TO CLOVIS AVEHUBS ) J.L ::•u•LCUaTl. RLCOROM '�%, FEE MUM, the County of Fresno desires to obtain all that real property situate in the County of Fresno, State of California, described as follows, to wits The South 10.96 feet of Lot 24 of EAST£RDY RANC110, according to the map thereof, recorded in Plat Book 2, Page 6, Fresno County Records. Excwgting therefrom tho West 150 feet thereof also excepting therefrom the West 112 feet of the Last 332 fest of said Lot 24. For the purpose of this description, the south boundary of said Lot 24 is assumed to be 20 feet North of the south boundary of Northeast section 6, Township 14 south, Tangs 21 East, M. D. D. i M. and the Last boundary of said Lot 24 is assumed to be 20 feet west of the Zest boundary of said Northeast 1/4. Together with underlying fee interest appurtenant to the above described property in and to the adjoining public ways, Tulare Avenue. Containing 12322 Square feet of land, more or less, • which includes 8179 square feet, of land, more or less, within the existing County right of way snd a net area of 4143 square feet, more or less. WRIR!A5, TLORVNCE J. TAYLOR tendered a deed to the County for said property, with the understanding that the consideration therefor will be the payment of the sun of $1,400.001 BOM. THEREFORE, be it Resolved by the Board of supervisors of the said County of Fresno that said deed be accepted and that approval be granted for the recordation of said dead in the office of the County Recordert and 12 12 lURTHER ORDBR30 that the County Auditor be and he hereby is authorized and directed to draw his warant upon the XIghway and Bridges Fund in the amount of $116.00 in favor of Title d Insurance and Trust Title Company Escrow No. 169762 for payment to Grantorst and IT IO FURTHER ORDERED that the County Auditor be and he tiersbT is authorized to draw his warrant on the Road Fund for jdeposit is the Roads Special Deposit Account in the amount of bty of DATE: February 23, 2011 TO: Will Tackett, Planner III Development Department, Planning Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic and Engineering Services Division SUBJECT: Tentative Parcel Map 2010-11, Public Works Conditions of Approval Local:ion: 5179 East Tulare Street Owner: Jose Barraza/ Rafael D. Divina TENTATIVE PARCEL MAP REQUIREMENTS: This map Is incomplete. Please provide the following information prior to perfection: A. General Requirements 1. Easements: Identify and dimension all existing and proposed easements. B. Offsite Information: 1. Dedications: Identify all existing and proposed dedications. Provide a dimension from the section and center lines to the existing and proposed property lines. 2. Street Improvements: Identify existing driveway approaches (provide width), ADA ramps, street lights (specify if wood or metal pole),traffic signals. Our records indicate an 8'sidewalk pattern and this map is identifying a 10'pattern, please verify prior to resubmittal. 3. Street furniture: Identify existing utility poles, boxes, guy wires, signs, fire hydrants, bus stop benches, trash receptacles, tree wells, etc. 4. ADA: Identify the required 4' minimum path of travel along the public sidewalk adjacent to property. C. Onsite Information: 1. Access: Identify pedestrian and vehicular access. 2. Backing onto a major street is prohibited. Identify the proposed ingress/egress locations for all buildings to remain. Construct circular or hammerhead driveways, where not existing and construct concrete driveway approaches to Public Works Standards P-1 and P-6. PUBLIC IMPROVEMENT REQUIREMENTS The Public Works Department, Traffic and Engineering Services Division, 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. Page 1 of 3 T:\Traffic Planning\PARCEL MAPS\201MPM 2010-11 5179 E Tulare SAPM 2010-11 TULARE 5179 E.doc 7. r 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. • Repair all damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current ADA regulations. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. • 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. • ADA: Provide a minirnum of 4' clear to accommodate ADA access along the entire street frontage of this map. Pedestrian easements may be required to accomplish this. Contact the Public Works Department, Traffic and Engineering Division. 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. Deed documents for the required dedications must conform to the format specified by the city and shall be prepared the applicant's engineer. The cost of deed document processing and recordation fee must be paid at the time of deed submittal and submitted with verification of ownership rior to the issuance of building permits. For information regarding the format or submittal requirements contact the City of Fresno Public Works Department, Traffic and Engineering Services Division (559) 621-8694. 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, Traffic and Engineering Services Division (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. Frontage Improvement Requirements 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 TATraffic PlanninglPARCEL MAPS120101PM 2010-11 5179 E Tulare St1PM 2010-11 TULARE 5179 E.doc � r Tulare Street: Collector 1. Provide an irrevocable offer of dedication to the City of Fresno for 8.55' to 10.55' of property, from section line, for public street purposes within the limits of this application per Public Works Standard P-52. Center line shall be established per Official Plan Line No. 48. 2. If not existing, 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-8 for Collector Streets. -OR. Identify the existing street light locations on the plans, -AND- that they are constructed per current City of Fresno Public Works Standards. 3. Remove existing substandard driveways and construct 2 new- 20' driveway approaches to Public Works Standard(s) P-2 and P-6. Provide 10' of red curbing (3 coats) on both sides of the proposed driveway approaches. Designate one driveway as an entrance and one as an exit, with "Exit Only" sign. Construct a concrete pedestrian walkway behind all driveway approaches. Asphalt concrete paving per City of Fresno Public Works Standard Drawing P-21 may be substituted for concrete. Dedicate sufficient right of way for pedestrian purposes behind all driveway approaches to provide for a minimum of a 4' clear path. Submit a site plan identifying the proposed path of travel within a public easement. Traffic Impact Study This development will generate a total of 4 a.m. /4 p.m. peak hour trips; therefore, a Traffic Impact Study is not required. 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. 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.ora. Provide proof of payment or exemption prior to issuance of building permits. _Oa:. 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, prior to a Building Permit. Whichever is applicable, reference S-09-095. Page 3 of 3 T:\Traffic Planning\PARCEL MAPS\2010\PM 2010-11 5179 E Tulare St\PM 2010-11 TULARE 5179 E.doc DEPARTMENT OF rUBLIC WORKS TO: Will Tackett, Planner III Planning Department FROM: Hilary Kimber, Parks Supervisor II (559.621.8794) Public Works, Engineering Division DATE: March 30, 2011 SUBJECT: Tentative Parcel Map 2010-11; APN: 462-043-29 The Department of Public Works offers the following comments regarding TPM 2010-11, 5179 East Tulare Avenue located on the north side of East Tulare Avenue between North Willow and North Peach Avenues: GENERAL REQUIREMENTS Public Works has no additional street tree requirements at this time. The existing Washingtonia filifera (California Fan Palm) have historic value and meet the Public Works requirements for street trees. *..r City QfFROMPNO +`1yy�N11�T1pM Sd(��h y DEPARTMENT OF PUBLIC UTILITIES 9 Date: February 11, 2011 Providing Life's Essential Services To: WILL TACKETT, Planner III Planning and Development Department From: GREG CONTRERAS, Senior Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SEWER REQUIREMENTS FOR PARCEL MAP PM-2010-11 General PM-2010-11 for approximately 0.60 acre of property located on the north side of East Tulare Street between North Willow and North Peach Avenues, 5179 East Tulare Street, APN 462-043-29. Sanitary Sewer Requirements Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. On-site sanitary sewer facilities shall be private. 2. Separate sewer house branches are required for each lot. 3. The Project Developer shall contact Wastewater Management Division/Environmental Services at (559) 621-5100 prior to pulling building permits regarding conditions of service for special users. ;1 i FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Dile No.210.411 NOTICE OF REQUIREMENTS Pagel of4 PUBLIC AGENCY DEVELOPER WILL TACKETT JOSE BARRAZA MM DEVELOPMENT SERVICESIPLANNING 4177 E.HEATON AVE. CITY OF FRESNO FRESNO,CA 93702 i 2600 FRESNO STREET,ROOM 3043 FRESNO,CA 93721-3604 PROJECT NO: 2010-011 ADDRESS: 5179 E.TULARE ST. 91, 1 r1PN: 462-043-29 SENT: + 1 Drainage Area(s) Preliminary Fee(s) ic Y $2,760.00 TOTAL FEE:$2,760.00 Z 0 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 Distract 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 O drainage related CEQAINEPA 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 MIL the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD O project engineer prior to approval of the final rnap for the fee. , Considerations which may affect the fee obligation(s)or the timing or form of fee payment: O ML 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 51"0' 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. X a. Drainage from the site shall BE DIRECTED TO TULARE AVENUE b. Grading and drainage patterns shall be as identified on Exhibit No. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 The grading and drainage pattems 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 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. 1 as"Master Plan Facilities to be constructed by Developer". X None required. 00 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: Ox Grading Plan Street Plan Storm Drain Plan Water&Sewer Plan O ■ Final Map Other X None Required O 4. Availability of drainage facilities: O Permanent drainage service is available provided the developer can verify to the satisfaction of the City , X a' 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.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline that is used to manage recharge,stonn 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 of4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Pennits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant MR 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 August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Pennit 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 stone water runoff and test it for pollutant indicators,and annually submit a report to the State Board. c. The proposed development is encouraged to select and implement storm water quality controls O 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 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. 9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakeman Gary Cha man District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: MARIO VALMONTE on 150 E.TULARE ST. OINUBA,CA 93618 43 z 0 ■ MAI 0 0 0 MA 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 OTHER REQUIREMENTS EXHIBIT NO.2 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. Development No. TPM 2010-011 engrlpermitlexhibit2\city-Ipm\2010\2010-011(gc) to Will Tackett From: Michael Schmidt Sent: Monday, February 07, 2011 10:35 AM To: Will Tackett Subject: Request for Comment on Proposed Tentative Parcel Map No. 2010-11, 5179 E Tulare St(site address) Will, Parcel Map 2010- 11 is approved as submitted, however development of the property(see site plan) will require the following: 1. A street hydrant must be installed near the property line on Tulare St. The area is served by Bakeman Water district. The hydrant must be capable of flowing 2500 gallons per minute. . 2. The driveway into parcel "A"for the rear units will need to be minimum 20' wide with approved approach. .Mike Schmidt Supervising Inspector Fresno Fire Department 91.1. "H" Street Fresno, CA 93721 ph. 559-621-4121 From: Fresno Development Services Sent: Thursday, February 03, 20114:04 PM To: 'Michael Navarro'; Jennifer Bryan-Sanchez; 'Vivian.bourborinais@fresnounified.org'; 'heidi.Heitne@fresnounified.org'; developmentreview@fresnofloodcontrol.org; DOWNER, LONNIE A (ATTPB); 'ajs4@pge.com'; Fleming, Gage; 'Walker, Randy T(Fresno)'; 'James Shields'; ;skahl(@co.fresno.ca.us; giallen2co.fresno.ca.us,; iaardnertAco.fresno.ca.us Cc: Bryan Jones; Louise Gilio; Gary Witzel; Alan James; Hilary Kimber; Michael Carbajal; Doug Hecker; Michael Schmidt; Yeghia Oulashian; Kevin Fabino; Mike Sanchez Subject: Request for Comment on Proposed Tentative Parcel Map No. 2010-11, 5179 E Tulare St(site address) Routing Partners: You have been identified as the best contact to provide your department/agency's review and comments for the subject project. Please click the following link and download an electronic copy of the project package for review. Project Address: 5179 East Tulare Street (site address) APN: 462-043-29 http://m3.fresno.i!ovlupload/files/38668357/TPM-2010-11-ElectronicRoutinp-.Pdf (click on bookmarks to navigate). Our preferred method of receiving your comments is via email directly to the planner assigned to this project, Will.Tackett(@fresno.gov. You can also return comments to Routing[a 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 communicate a "no comment" response. 1 a ity of lenle �I/✓ FIRE DEPARTMENT Date: September 11, 2009 To: MCKENCIE CONTRERAS, Planner I Planning and Development Department, Advance Planning From: RICHARD FULTZ, Senior Fire Prevention Inspector Fire Department, Fire Prevention& Investigative Services Subject: 5-09-095 has been filed by Jose Leon Barraza on behalf of Mario Valmonte and pertains to 0.57 acre of property located on the north side of East Tulare Street between North Willow and North Peach Avenues in southeast Fresno, 5179 East Tulare Street, APN 462-043-29. The applicant proposes the construction of a 5-unit, 4,788 square foot multiple family residential building on property with an existing single family residential dwelling for a total of 6 residential units. The property is zoned R-2-A-cz, Low Density Multiple Family Residential One Story-conditions of zoning. Hydrants A street hydrant must be installed near the property on Tulare St. The area is served by Bakeman Water District. Hydrant must be capable of flowing 2500 gallons a minute. Fire hydrants shall be installed,tested, approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The hydrant 4 1/2" outlet shall face the access lane. General All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private driveway. Revise access to meet the 150' rule. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. All required fire access lanes shall be provided and maintained with an approved 'all weather' surface capable of supporting 80,000 lb. vehicles (minimum 4" of base rock over compacted or undisturbed native soil or per approved engineered plans) year-round and with 24 feet minimum width or other approved method that would prevent shoulder degradation. All private streets and driveways that are provided for common access and are required for Fire Department access shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. i The tri-plex will be required to be fire sprinklered per the current California Building and Fire Codes. CFC and CBC 903.2.7 Will Tackett From: SIQUEIROS, EDWARD A (ATTPB) [es1412@att.com] Sent: Friday, February 04, 2011 10:47 AM To: Will Tackett Subject: Project Address: 5179 East Tulare Street Project Address: 5179 East Tulare Street (site address) APN: 462-043-29 AT&T to be notified with plans in order to establish a new point of feed for the Multi-Family unit. At this time AT&T will establish a new MPOE for the project. Ed Siqueiros AT&T California Outside Plant Engineer OFF-559-454-3848 CELL-559-392-7219 FAX-559-251-1876 esl4l2t@att.com 1 .,w y..r co County of Fresno i Department of Public Health Edward L. Moreno,M.D., M.P.H.,Director-Health Officer O� S56p ARE`' February 14, 2011 999999999 L00015917 Will Tackett PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: T-2010-11 TENTATIVE PARCEI MAP NO. 2010-11 for approximately 0.60 acre of property located on the north side of East Tulare Street between North Willow and North Peach Avenues APN: 462-043-29 ADDRESS: 5179 East Tulare Street Recommended Conditions of Approval: • Construction permits for the residential 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 residential development should be subject to assurance that the Bakman 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. • 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. REVIEWED BY: UphMY r9nA 0Y u^-c++Ere Janet Gardner" dvuw+.au-rnm[aunty Wein M.=hn Drynmen mmrygubarcwlrtuw<aan. u5 Orvlaii 01 a Ikaa.b OeaU R.E.H.S., M.P.H. Environmental Health Specialist III (559)445-3271 A T-2010-11 Barraza 1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301 Equal Employment Opportunity-Affirmative Action•Disabled Employer low �.✓ BOARD OF EDUCATION Valerie F.Davis,President Michelle A.Asadoorian,Clerk e Lindsay Cal Johnson ;> Carol Mills,J D. Fresno Unified Larry A.Moore Janet Ryan School District Tony Vang,Ed.D. SUPERINTENDENT Preparing Career Ready Graduates Michael E.Hanson February 3,2011 Will Tackett,Planner III City of Fresno Planning&Development Department 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 SUBJECT- REVIEW OF PROPOSED TENTATIVE PARCEL MAP NO.2010-11 5179 E.TULARE ST. (APN#462-043-29) Dear Mr Tackett, In response to your request for review and comment on the Tentative Parcel Map Review No. 2010-11, 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 provisions. 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. Easterby 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, S e Lisa LeBlanc,Executive Director Facilities Management and Planning LL:hh iwcl 1309IIdmaStreat • ft&"w,Ca93721-2287 • w+vw�iesnoklZcara NEW Street Name Review TPM-2010-11 2/1.0/2011 Street Name. Status Required Change East Tulare Street Good East Iowa Avenue Good North Peach Avenue Good r.r "OP Will Tackett From: Alan Kawakami Sent: Friday, February 04,2011 3:04 PM To: Will Tackett Cc: Alan Kawakami Subject: tpm 2010-11 address conflict/encroachment at the western most'corners'of parcel b with the parking surface in parcel a. confirm/address: the site plan intimates a shared vehicular access of the driveway and approaches are there 5 or 6(as per the notes) proposed multiple residential units? 1 E-File f/ OFFICES OF Ie,' PHONE(559)233.7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE } FRESNO,CALIFORNIAN 93725-2218 Your Most Valuable Resource-Water February 10, 2011 Mr. Will Tackett City of Fresno Development and Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Tentative Parcel Map 2010-11, N/W Tulare and Peach Avenue Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Tentative Parcel Map No. 2010-11 application for approximately 0.60 acres of property located northwest of Tulare and Peach Avenue, APN: 462-043-29 and has the following comments: 1. This site was previously reviewed and commented on by FID on September 8, 2009 as Site Plan Review S-09-095. Those comments still apply and a copy is attached for your reference. 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, 4V - 'Z� T;Mv- William R. Stretch, P.E. Chief Engineer Attachment G:1AgencieslCitylTentative Parcel Map12010.11.doc BOARD OF President JEFF NEELY, Vice-President RYANJACOBSEN, DIRECTORS STEVE BALLS, JEFFREY G.BOSWELL, GEORGE PORTER, General Manager GARY R.SERRATO -E-File 4 I s PHONE(559)233.7161 FAX(55'1)237-8227 - 2907 SOUTH MAKE AVENUE �~ FRESNO,CAUFORNIA 93725.2218 Your MOSt VAWtW Resnurco-Watdr September 8, 2009 Ms. Mckencie Contreras City of Fresno Planning 81 Development Dept. 2600 Fresno Street, 3`d Floor Fresno, CA 93721-3604 RE: Site Plan Review S-09-095, N/W Tulare and Peach Avenues Dear Ms. Contreras: The Fresno Irrigation District(FID)has reviewed the Site Plan Review S-09-095 where the applicant proposes the construction of a 5-unit 4,788 square-foot multiple family residential building with an existing single family residential dwelling, located northwest of Tulare and Peach Avenues, APN:462-043-29 and has the following comments: 1. FID does not own, operate or maintain any faciities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. 3. For informational purposes, a private canal, known as the Saint George No. 12, is located on south side of Tulare Avenue as shown on the attached FID exhibit map. FID does not own, operate or maintain this private pipeline. 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 Steve Bloem at 233-7161 extension 321 or sbloem@fresnoiriigation.com. Sincerely, William R. Stretch, P.E. (Nel Engineer Attachment G:{A9anclGs1CllV1Slte Plan Ravi ew109.099.d oc BOARD OF President JEFFREY O. BOSWELL, Vice-President JEFF NEELY DIRECTORS STEVE BALLS, RYAN JACOBSEN,GEORGE PORTER,General Manager GARY R.SERRATO J rre � NMaav W z NOv3d k�V3d o - - vv�lAs — a - �0 � 7 s f m sd 6# A3lly@ — e _e s x � 1 111t �— e gill ! I � � WN /CqtyW.V30 I-/- City of LlmCt+\��WI� Ii'M5iolowl �. Development and Resource Management Department Fresno City Hall,2600 Fresno Street, Fresno CA 93721-3604 559-621-8277 (Will.Tackett@fresno,gov) DAT E: FEBRUARY 2,2011 PLEASE RESPOND BY: THURSDAY,FEBRUARY 17,2011 FROM: WILLTACE17,PL%NNER III SUBJECT: REVIEW OF PROPOSED TENTATIVE PARCEL MAP DESIGN TENTATIVE PARCEL MAP NO. 2010-11 FOR APPROXIMATELY 0.60 ACRE OF PROPERTY LOCATED ON THE NORTH SIDE OF EAST TULARE STREET BETWEEN NORTH WILLOW AND NORTH PEACH AVENUES APN: 462-043-29 ADDRESS: 5179 EAST TULARE STREET(site add;uss) TO: PUBLIC WORKS DEPARTMENVENGINEERING DIVISION j� ►�V!© �Om� II • Bryan Jonc s/Louise Gilio._Traffic Engineerin^ , • Gary Wit:of-Plan Check and GIS Mapping a / 4 h •Alan James-Special Distracts and Rights of Way • Hilary Kimber-Special Districts and Rights of Day DEPARTMENT OF PUBLIC U TILITIES • Michael Carbajal -'.'.ater Division ��. �1..,,•,,,,, �� -► • Doug Hecker—Utilities Planning and Engineering FIRE DEPARTMENT • Michael Schmidt—Fire Prevention and Investigation Division/Technical Services DEVELOPMENT AND RESOURCES MANAGEMENT DEPARTMENT •Yeghia Oulasiiian—Building and:gaiety Services/Commercial Opor:tions • Kevin Fabino/Mike Sanchez—Development Services/Current Planning • Alan Kawakami— Development Services/Land Division and Engineerin, •Jon Bartel—Development Services/Land Division and Engineering • Frank Saburit—Development Service.;/Land Division and Engineering FRESNO AREA EXPRESS •John Downs/Christopher Preciado—Transportation Planning STATE DEPARTMENT OF TRANSPORTATION(Caltrans)—Michael Navarro/Jennifer Bryan-Sanchez FRESNO UNIFIED SCHOOL DISTRICT—Vivian Bourbonnais/Heidi Heltne FRESNO METROPOLITAN FLOOD CONTROL DISTRICT AT&T—Lon Downer,Right of Way OSP Engineer PACIFIC 6AS AND ELECTRIC COMPANY—Andy Smith/Gane Fleming/Randy Walker FRESNO IRRIGATION DISTRII:! James Shields COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH—Stephanie Kahl We greatly appreciute your review, comments, and response to the proposed tentative parcel map. I c BILL NO. B-7 INTRODUCED BY COUNCILMEMBER dills ORDINANCE NO. 85-4 AN ORDINANCE AMENDING MAP SECTION 3G OF THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE. BEING THE ZONING ORDINANCE OF TETE CITY OF FRESNO. WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 1st day of August, 1964, and approved and recommended to the Council of the City of Fresno an amendment to the Zoning Ordinance which changes the real property described hereinbelow from one zone to another; and WHEREAS, the Council of the City of Fresno received the recommendation of the Planning Commission and concurs therein. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. That the real property described in Exhibit "L", located in the City of Fresno, and shown on Map Section 3G of the Official Zone Map of the City of Fresno, be reclassified from the R-A Zone District to the R-2-A/cz Zone District: SECTION 2. This ordinance shall be conditioned upon the record owner of the real property, subject to this reclassification, executing and causing to be recorded a covenant running with the land that will affect land development to guarantee the development of the site as a single parcel with no more than ten (10) multiple family residential units per acre. PASSED S $ EFFFCTIUE�F2 SECTION 3. Thordinance shall become efftive and in full force and effect at 12:01 a.m. , on the thirty-first day after its passage, and upon recordation of the covenant indicated in Section 2, and upon compliance with Section 12-404-K of' the Fresno Municipal Code. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno. California. at a regular meeting held on the 8th day of January 1985 . JACQUELINE L. RYLE City Clerk By Deputy Appl. No. R-7139 Filed by: Robert Kastner Parcel No. 462-043-17, 23, 26 RRB:ems 8967G/13 SpPROV60 AS TO FORM CITY.',TTOR,:V'S 0"r'F'ICE By `� r:Y O' -2- c � EXHIBIT "L" Parcel No. One The South Two Hundred (200) feet of the West One Hundred and Twenty (120) feet of Lot 24 of EASTERBY RANCHO, recorded June 24, 1880, in Volume 2 of Plats at Page 6, of Fresno County Records. EXCEPTING the South Ten and Ninety-Six Hundredths (10.96) feet of said Parcel, which was acquired by Fresno County for street right of way on July 24, 1967. Parcel No. Two Parcel 1 of Parcel Map No. 3827 as per map or plat thereof filed in Book 25, Page 74, of Parcel Maps of said County, being a portion of Lot 24 of EASTERBY RANCHO, according to the map thereof recorded June 24, 1880, in Book 2, Page 6 of Plats, in the office of the County Recorder of said County. APN 462-043-23 Parcel No. Three A portion of land in Lot Twenty-Four (24) of EASTERBY RANCHO, according to the map of said EASTERBY RANCHO, recorded June 24, 1880, in Volume 2 of Plats, at Page 6, Fresno County Records, and more fully described as follows: Commencing at a point on the Southerly line of Lot Twenty-Four (24) and Two Hundred Twenty (220) feet West of the Southeast corner of said Lot, thence West along the Lot line, One Hundred Twelve (112) feet, thence North.Two Hundred and Ten (210) feet, thence East One Hundred and Twelve (112) feet, thence South Two Hundred and Ten (210) feet more or less to the point of commencement. RB:dr 7121G/153 85 011407 ''.Uf IPI ')FFIC1/,L R?CORCS OF ^,Cda 6103:. FRE:N0 COUNTY, CALIFORNIA, C:?/C:srk,Fro" .�1.. _... AT_ .. fA;N. PAST-4— FEB AST_ MFEB 5 1985 GALEN LARSON, ECounty Rxorda -------------------SPACE ABOVE FOR RECORDER'S USE------------------- STATE14ENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Rezoning Application No. 7139 ) RECITALS A. WHEREAS, the following identified persons are acting in concert to rezone property, NOW THEREFORE BE IT RESOLVED, that DOROTHY P. TAYLOR, a single person and the record owner of the following described real property: Parcel A The South Two Hundred (200) feet of the West One Hundred and Twenty (120) feet of Lot 24 of EASTERBY RANCHO, recorded June 24, 1880, in Volume 2 of Plats at Page 6, of Fresno County Records. EXCEPTING the South Ten and Ninety-Six Hundredths (10.96) feet of said Parcel, which was acquired by Fresno County for street right of way on July 24, 1967. and, Elisabeth T. Kastner, a married woman and the record owner of the following described real property: Parcel B Parcel 1 of Parcel Map No. 3827 as per map or plat thereof filed in Book 25, Page 74, of Parcel Maps of said County, being a portion of Lot 24 of EASTERBY RANCHO, according to the map thereof recorded June 24, 1880, in Book 2, Page 6 of Plats, in the office of the County Recorder of said County. and, Robert H. Kastner and Elisabeth T. Kastner, husband and wife, and the record owners of the following described real property: Parcel C A portion of land in Lot Twenty-Four (24) of EASTERBY RANCHO, according to the map of said EASTERBY RANCHO, recorded June 24, 1880, in Volume 2 of Plats, at Page 6, Fresno County Records, and more fully described as follows: qk5ar114{)7 Commencing at a point on the Southerly line of Lot Twenty-Four (24) and Two Hundred Twenty (220) feet West of the Southeast corner of said Lot, thence West along the Lot line, One Hundred Twelve (112) feet, thence North Two Hundred and Ten (210) feet, thence East One Hundred and Twelve (112) feet, thence South Two Hundred and Ten (210) feet more or less to the point of commencement. hereinafter referred to as "the Covenantor," are the owner of that certain real property described above in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject Property". H. The Covenantor has applied to the City of Fresno for a district amendment changing the R-A Zone District classification to the R-2 Zone District classification for the Subject Property. C. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for an amendment to the Zone District classification of the Subject Property as referred to hereinabove, the 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. Each of the' covenants, `conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. -2- 850114O'7 1. Covenantor hereby covenants as follows: The subject site, comprised of three separate parcels, shall be treated as a single parcel for purposes of development. Development of the subject site shall not exceed (ld) ten residential units per acre._ 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. Covenantor covenants that, in the event of failure to comply with the conditions set forth in this Statement, Covenantor will not object to the redistricting of the Subject Property to a land use zoning district which the Council of the City of Fresno determines is proper without compliance with such conditions, and in such event, Covenantor waives any right to have any uses or improvements, installed subsequently to the change of land use zoning district herein requested, considered, or treated as not conforming uses or improvements after such redistricting. 4. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. -3- ., 8501140'7 5. The provisions of this Statement 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 so requires in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: Accepted By: COVENANTOR (� �f CITY OF FRESNO, iy' fitrlifZ�i .P a Municipal Corporation DOROTHY P. TAYLOR Parcel A By GeaYge A. Kerber, DirectorSABETH T. KASTNER Development Department Pa cel ATTEST: / RO T H. KASTNER JACQUELINE L. RYLE Parcel C City Clerk O ELISABETH T. KASTNER M Parcel C By �� 'u-'�k-F�.y�s�..� Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By 1 lt�' nn (Attach Notary Acknowledgment) RB:dr 7181G/155 -----------•-------._ _- ----------_--ter__--------_.___ STATE OF CALIFORNIA —� I ss. COUNTY OF FRESNO On this_941-h day of JAMIARY ,in the year 1985 . before me•the undersigned, a Notary Public in and for said State, personally appeared DOROTHY P TAYLOR ELISABEIIT T KASINER AND ROBERT H. KASTNER personally known to me fw OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence)to be the person-s whose name-a DELLA COUI;JTELA are subscribed to the within instrument,and acknowledged to me that.t.he_Y A NOTARY PUBLIC CALIFORNIA NOTARY BOND FILED IN executed it. FRESNO COUNTY My Commisaion Expires Feb.z7.1987 WITNESS my hand and official al. w Notary Public in and`for said State. KCKNdMIfOGMENI—Geirrb—WMca11r Fpm raxK—Kr.S!2 ONI7 WOLCOM.INC. I