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HomeMy WebLinkAboutPM 2012-07 - Conditions of Approval - 1/17/2013 City of Development&Resource Management Department 2600 Fresno Street •Third Floor Mark Scott Fresno, California 93721-3604 Interim Director (559) 621-8277 FAX (559) 498-1026 November 16, 2012 Please reply to: Will Tackett (559) 621-8063 Harbour&Associates 389 Clovis Avenue, Suite 300 Clovis, California 93612 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2012-07 DATED October 03,2012, PROPOSING A ONE COMMON-LOT PARCEL MAP TO FACILITATE AN AIRSPACE SUBDIVISION FOR CONDOMINIUM PURPOSES FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST HERNDON AND NORTH MAPLE AVEIVUES. (APN[S]: 404-300-29) The City of Fresno Development Services Division has completed its review of the subject tentative parcel map dated October 03, 2012. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is written to advise you that the Conditions of Approval dated November 16, 2012, 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 December 03, 2012. 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. Harbour&Associates Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 2 If you wish additional information, please contact the City of Fresno, Development and Resource Management Department, Development Services Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Sincerely, DEVELOPMENT SERVICES DIVISION Will Ta ett, Planner Dev pm nt & Resource Management Department Enclosures: Vesting Tentative Parcel Map No. 2012-07 dated October 03, 2012 Conditions of Approval dated November 16, 2012 CITY OF FRESNO DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 16, 2012 VESTING TENTATIVE PARCEL MAP No. 2012-07 "FOR CONDOMINIUM PURPOSES" GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST HERNDON AND NORTH MAPLE 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 a development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2012-01,dated February 28,2012, 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 maywithdraw 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 utilitywhich has previously acquired a right-of-way easement. PLAN CONSISTENCY The subject property is located within the boundaries of the 2025 Fresno General Plan and Woodward Park Community Plan, which designate the subject property for Office Commercial planned land uses. Pursuant to Section 12-403-B-2-b(2) of the Fresno Municipal Code, the existing C-P/UGM (Administrative and Professional Office/Urban Growth Management)zone district classification for the subject property may be found to be consistent with the Office Commercial planned land use designation. Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 2 PLANNING AND ZONING 1. Comply with the provisions of the State of California Government Code Sections §66410 - §66499.58 of the SMA and Articles 10 (Subdivision of Real Property)and 12 (Parcel Maps) of Chapter 12 of the FMC. 2. Pursuant to Section 12-1205(f)of the Fresno Municipal Code and upon approval of Vesting Tentative Parcel Map No. 2012-07,the subdivider may apply for a waiver of the requirement for a Parcel Map. a) The Director may find that such a requirement for a Parcel Map is waived provided that: (1) A tentative or vesting tentative parcel map has been accepted and completed; (2) Adequate monumentation is found to exist in the field which appear of record in the office of the County Recorder to permit the retracement of boundaries for each parcel to be created; (3) The proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities,water supply availability,environmental protection,and other requirements of the Subdivision Map Act or Article 12 of Chapter 12 of the FMC; and, (4)All required fees have been paid. i) Where public improvement requirements or fee payment obligations have been made in accordance with Section 12-1206(c)and are included within the conditions of approval contained herein, such requirements or obligations must be deemed to have been satisfied prior to acceptance of an application for a Parcel Map Waiver. • NOTE: Where public improvement requirements or fee obligations have been included herein, a certificate of completion or satisfaction of requirements shall be obtained from the respective department or agency responsible for the applicable public improvement requirement orfee obligation priorto submittal of an application for a Parcel Map Waiver. Such certificate shall be submitted to the Public Works Department, Traffic and Engineering Services Division, Land Section with an application for waiver of a Parcel Map. 3. Whenever a subdivision, includes area under common ownership(such as is the case within a common interest development for condominium purposes), the use, maintenance, and operation thereof shall be administered and governed by an association regulated by covenants, conditions, and restrictions(CC&R's)pursuant to Section 12-1026 of the Fresno Municipal Code and in accordance with the provisions and requirements related to Common Interest Developments pursuant to the Davis-Stirling Common Interest Development Act (§§1350-1376 of the California Civil Code). a) Declarations of Covenants, Conditions and Restrictions/Owners'Association documents (DCC&R's)which may be prepared for a Condominium Project on the subject property shall incorporate provisions in accordance with Section 12-1026 of the Fresno Municipal Code. Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 3 i) Prior to the submittal of documents to obtain a public report for a Condominium Project or the recordation of a Condominium Plan as defined in Section 1351(e)of the California Civil Code,whichever is earlier,the subdivider shall submit to the City for review the Condo Plan, DCC&R's and association instruments, which shall be prepared compliant with any respective conditions or requirements identified by special permits/entitlements applicable to the subject property and/or the tentative parcel map and associated conditions of approval included herein. • NOTE: Parcel "A" of Vesting Tentative Parcel Map No. 2012-07 (Parcel "H" of Parcel Map No. 2005-34), which has been proposed for commercial condominium purposes, shall continue be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the covenants, conditions,and restrictions included within the Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Parcel Map No. 2005-34 (Document No. 20060186134 O.R.F.C.) • NOTE: Failure to comply with the terms of required Covenants may result in the revocation of a 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. GENERAL CONDITIONS 4. Any existing and/or proposed structure(s) on the site which may be utilized in conjunction with a condominium project are required to maintain compliance with any applicable standards of the California Building Code as it relates to wall protection, allowable area,etc. a) Compliance with the prevailing California Building Code must be demonstrated, respective to the location of new condominium boundaries which may be proposed to be described on a condominium plan, prior to recordation of a Condominium Plan. 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 with any applicable standards of the California Building Code, they must be modified so as to meet the standard. b) This project was reviewed by the fire department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 5. When required, all work and engineered plans for public improvements shall conform to the Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 4 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. a) 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. 6. The subdivider shall dedicate and construct public easements to facilitate the construction of public improvements (when applicable)within the limits of the parcel map. a) All such public easements shall be identified and dedicated with the processing and recordation of a Parcel Map. 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 off-site improvement requirements, shall be the responsibility and at the expense of the subdivider. 8. 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). 9. 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 10. There are no public street or right-of-way requirements applicable to Vesting Tentative Parcel Map No. 2012-07. PUBLIC UTILITIES REQUIREMENTS Sanitary Sewer Service The nearest sanitary sewer mains to serve the proposed project are a 8-inch main located in North Maple Avenue and a 21-inch main located in easement west of the project site. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 11. Comply with all of the requirements included within the Department of Public Utilities, Planning and Engineering (Sanitary Sewer)memorandum dated October 09, 2012; or, any Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 5 amendment or modifications to those requirements which may be granted by the Director of the Department of Public Utilities prior to recordation of a Parcel Map. Water Service 12. Section 12-1206(c)(7) of the Fresno Municipal Code requires a subdivider to accomplish installation of a water system of sufficient design and capacity to furnish an adequate water supply for each presently developed lot in a proposed land division, the payment of applicable charges, and/or payments in lieu of immediate installation of required improvements. • NOTE: The attached memorandum from the Department of Public Utilities, Water Division dated October 07, 2012 provides that there are no additional requirements at this time. FIRE PROTECTION REQUIREMENTS 13. Comply with all of the requirements included within the attached City of Fresno Fire Department memorandum dated October 17, 2012. DEVELOPMENT FEES AND CHARGES Pursuant to Government Code§66020(d)(1)each local agency shall provide to the project applicant a notice in writing at the time.of the approval of a project or at the time of the imposition of the fees, dedications, reservations, or other exactions a statement, and notification that the 90-day approval period in which the applicant may protest has begun (please see Notice to Project Applicant contained herein above for further information). This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge [2] S.T.E.P.** Service Area: Herndon d. Wastewater Facilities Charge [3] S.T.E.P.** e. Copper Avenue Sewer Lift Station Charge [1] N/A f. House Branch Sewer Charge [2] N/A g. Millbrook Overlay Sewer [1] N/A Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 6 WATER CONNECTION CHARGES FEE RATE h. 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. i. Frontage Charge [1] $6.50/lineal foot j. Transmission Grid Main Charge [1] $804.00/net acre (parcels under 5 gross acres) k. Transmission Grid Main Bond Debt Service Charge [1] $304.00/net acre (parcels under 5 gross acres) I. Water Supply Fee [2] $456.00/living unit equivalent` Service Area: 101-S m. Well Head Treatment Fee [2] $0.00/living unit equivalent` Service Area: 101 n. Recharge Fee [2] $0.00/living unit equivalent` Service Area: 101 o. 1994 Bond Debt Service [1] $895.00/living unit equivalent` Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE p. Fire Facilities Impact Fee— Citywide [4] - Commercial $236.00/1000 sq.ft. t q. Park Facility Impact Fee— Citywide [4] N/A r. Quimby Parkland Dedication Fee [2] N/A s. Citywide Regional Street Impact Fee [3] - Commercial Retail $16,131.00/adj. acre t. New Growth Area Major Street Fee [3] - Commercial Retail $37,495.00/adj. acre u. Police Facilities Impact Fee — Citywide [4] - Commercial $665.00/1000 sq.ft. t 3 Conditions of Approval Vesting Tentative Parcel Map No. 2012-07 November 16, 2012 Page 7 v. Traffic Signal Charge [1] -Commercial $47.12/ADT 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. (The requirement to pay this fee is currently suspended by Fresno County. However, payment of this fee may be required if the fee has been reinstated at the time of issuance of building permits on the subject property.) The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No.2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. "Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the total number of Living Unit Equivalents. **Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Average Daily Trips to be determined by Traffic Engineering. CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2012-07 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: Harbour& Associates 389 Clovis Avenue, Suite 300 Clovis, CA 93612 PROJECT LOCATION: Northwest corner of the intersection of East Herndon and North Maple Avenues. (APN: 404-300-29) PROJECT DESCRIPTION: Vesting Tentative Parcel Map No. 2012-07 proposes a one common-lot subdivision of approximately 0.53 net acres of C-P/UGM(Administrative and Professional Office DistrictlUrban Growth Management)zoned property for condominium purposes. The proposed subdivision is found to be consistent with the Office Commercial planned land use designations of the 2025 Fresno General Plan and Woodward Park Plan subject to Section 12-403- B-2-b(2) of the Fresno Municipal Code. This project is exempt under Section 15301 (Class 1/Existing Facilities)and Section 15315(Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15301 (Class 1/Existing Facilities)of the CEQA Guidelines exempts from the provisions of CEQA,projects involving negligible or nor expansion of use beyond that existing at the time of the lead agency's determination; including but not limited to, division of existing commercial buildings into common-interest ownership. Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines exempts from the provisions of CEQA,the division of property in urbanized areas zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years,and the parcel does not have an average slope greater than 20 percent. No adverse environmental impacts will occur as a result of the proposed project; and, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Date: November 16, 2012 Prepared By: Will Tackett canner III Submitted by: WillT ett� 1 Plan er III- City resno Development & Resource Management Department (559) 621-8277 City of i���'GONS&? 42 DEPARTMENT OF PUBLIC UTILITIES v ADMINISTRATION DIVISIONMEMORANDUM '(DPU � Date: October 9, 2012 PmvidmgLife's EssenriafServim To: WILL TACKETT, Planner III Planning and Development Department From: DOUG HECKER, Supervising Engineering Technician.& Department of Public Utilities, Planning and Engineering Subject: SEWER REQUIREMENTS FOR PARCEL MAP PM-2012-07 General PM 2012-07, for Commercial Condominium Purposes, for approximately 0.53 acre of property located on the west side of North Maple Avenue, just north of East Herndon Avenue, 7075 North Maple Avenue, APN 404-300-29. Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are an 8-inch main located in N. Maple Avenue and a 21-inch main located in easement west of the project site Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. A cross access agreement is required for sewer service(s) crossing parcels Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. 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. 2. Sewer Facility Charges are collected after occupancy on a 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. 2fta A Nationally Accredited Public Utility Agency City Of &cons 0 4 r'Rx;-moi a` DEPARTMENT OF PUBLIC UTILITIES DPU a � DATE: October 7, 2012 �'� • wa� TO: WILL TACKETT, Planner III Pioviding Life's Essential Smices Development Department/Current Planning THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities,Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities,Water Division SUBJECT: WATER REQUIREMENTS FOR PARCEL MAP PM-2012-07 General PM 2012-07, for Commercial Condominium Purposes, for approximately 0.53 acre of property located on the west side of North Maple Avenue, just north of East Herndon Avenue, 7075 North Maple Avenue, APN 404-300-29. Water Requirements 1. No comments. �1 Ili r �'1 �I 1 FIRE DEPARTMENT Date: October 17, 2012 To: WILL TACKETT, Planner II Planning and Development Department , Advance Planning From: RICHARD FULTZ, Supervising Fire Prevention Inspector Fire Department, Fire Prevention & Investigative Services Subject: PM 2012-07, for Commercial Condominium Purposes, for approximately 0.53 acre of property located on the west side of North Maple Avenue,just north of East Herndon Avenue, 7075 North Maple Avenue, APN 404-300-29. General Provide C.C. &R.'s for maintenance of the fire sprinkler system. Moor City of FRESNO/� Development and Resource Management Department Fresno City Hall, 2600 Fresno Street, Fresno CA 93721-3604 559-621-8277 L ill,Tackett@fresno.gov) DATE: October 8, 2012 PLEASE RESPOND BY: FRIDAY,October 19, 2012 FROM: WILL TACKETT, PLANNER III SUBJECT: REVIEW OF PROPOSED VESTING TENTATIVE PARCEL MAP DESIGN VESTING TENTATIVE PARCEL MAP NO. 2012-07 (FOR COMMERCIAL CONDOMINIUM PURPOSES) FOR APPROXIMATELY 0.53 ACRE OF PROPERTY LOCATED ON THE WEST SIDE OF NORTH MAPLE AVENUE,JUST NORTH OF EAST HERNDON AVENUE APNs: 404-300-29 SITE ADDRESS: 7075 NORTH MAPLE AVENUE TO: DEPARTMENT OF PUBLIC UTILITiFS • Michael Carbajal—Water Division • Doug Hecker—Utilities Planning and Engineering FIRE DEPARTMENT • Richard Fultz—Fire Prevention and Investigation Division/Technical Services DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT •Yeghia Oulashian—Building and Safety Services/Commercial Operations •Jon Bartel—Development Services/Land Division and Engineering • Frank Saburit—Development Services/Land Division and Engineering AT&T—Lon Downer, Right of Way OSP Engineer PACIFIC GAS AND ELECTRIC COMPANY—Andy Smith/Gage Fleming We greatly appreciate your review, comments, and response to the proposed vesting tentative parcel map. r "1 o6e'P-�t7 4f ror7�- ti