Loading...
HomeMy WebLinkAboutPM 2014-06 - Conditions of Approval - 7/27/2016 CITY OF FRESNO DEVELOPMENT $ RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL DECEMBER 31, 2015 VESTING TENTATIVE PARCEL MAP No. 2014-06 "A PLANNED DEVELOPMENT" NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH BLYTHE AVENUE AND NORTH DOOLITTLE DRIVE 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.2014-06,dated March 30,2015,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 property is located within the boundaries of the Fresno General Plan, Bullard Community Plan and Sierra Sky Park Land Use Policy Plan, which designate the subject property for Community Commercial planned land uses. The existing C-3/EA/UGM (Regional Shopping Center/Expressway Area Overlay/Urban Growth Management)zone district classification for the subject property may be found to be consistent with the Community Commercial planned land use designation. Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 2 ZONING 'I. 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. Approval of Vesting Tentative Parcel Map No. 2014-06 is contingent upon approval of Conditional Use Permit Application No. C-15-071. i) Any Final Map prepared for the subdivision of the subject property shall comply with all conditions of approval for Conditional Use Permit Application No. C-15-071. MITIGATION MONITORING AND IMPLEMENTATION REQUIREMENTS 3. Future development of the subject property shall be subject to implementation of all mitigation measures, fees, and timelines identified within the Initial Study prepared for Environmental Assessment (EA) No. C-15-07lfTPM-2014-06 and dated November 06, 2015. • NOTE: The Initial Study prepared for EA No.C-15-071/TPM-2014-06 resulted in a Mitigated Negative Declaration tiered from the Fresno General Plan Master Environmental Impact Report (MEIR SCH#2012111015). Development of the subject property shall be subject to implementation of all applicable mitigation measures included within the MEIR and the project specific mitigation measures included within the Mitigated Negative Declaration prepared for Environmental Assessment No. C-15-071/TPM-2014-06; included herein by reference. MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS Proposed Parcels "A" through "K," inclusive, of Vesting Tentative Parcel Map No. 2014-06 are consistent with the existing C-3 (Regional Shopping Center) zone district subject to approval of a special permit for a planned development project (as necessary to modify property development standards applicable to the subject property) in accordance with the following: 4 The site/development plan for Conditional Use Permit Application No. C-15-071 shall be approved prior to recordation of the Parcel Map and shall include the property lines as proposed pursuant to Vesting Tentative Parcel Map No. 2014-06, thereby authorizing the creation of the planned development. 5. In accordance with Section 12-1011(6)every lot shall abut on a public street, except where adequate internal circulation is provided by a private street or streets in an approved planned development. a) All parcels must provide access to a public street right-of-way under a planned development special permit. Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 3 b) In accordance with the provisions of Sections 12-219.5 of the Fresno Municipal Code,all lands within the "C-3" District shall have adequate vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on a property;the location and number of which shall be approved by the Director and established at the time of review of a required site plan. • NOTE: Requirements for access and parking facilities on the subject property mandate that the site remain integrated after subdivision such that all parcels proposed to be created on the subject property may retain approved access to a public street right-of-way under the planned development special permit. c) Access, circulation, and parking on the subject property shall be provided and maintained in accordance with approved entitlements for the subject property; or, any revisions or amendment 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. i) Execute a Mutual Easement and Reciprocal Use Agreement between proposed Parcels"A"through"K", inclusive of Vesting Tentative Parcel Map No.2014-06. The Mutual Easements and Reciprocal Use Agreement shall,at a minimum, provide: (1) Mutual and reciprocal access to North Blythe Avenue, West Spaatz Avenue and North Doolittle Drive; (2)Shared Parking; (3)Cross drainage; (4)Shared solid waste facilities; and, (5) Maintenance, and retention of on-site utilities, fire suppression systems, improvements, and facilities as appropriate. • 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. ii) Final, executed and notarized documents shall be recorded with the parcel map. d) 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 Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 4 GENERAL CONDITIONS 6 Contact Israel Trejo, Planner III, in the City of Fresno Development and Resource Management Department at (559) 621-8044 or via email at Israe[.TreipQbfresno.q0v for assignment of addresses to parcels proposed to be created from a subdivision of the subject property. • NOTE: It is recommended that at least 6 months prior to the first occupancy,the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details)to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. 7. Any existing and/or proposed structure(s)on the site may be affected due to the location of the proposed parcel lines. The placement of a parcel line in close proximity to (or through) 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. 8. 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. 9. When required,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. 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. Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 5 10 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. 11 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. 12 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. 13. 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). 14. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. SPECIFIC CONDITIONS STREETS AND RIGHTS-OF-WAY 15. Comply with all of the requirements and conditions included within the attached Public Works Department,Traffic and Engineering Services Division memorandums(including the memorandum from the Traffic Engineering Manager respective to the Traffic Impact Study) dated December 31, 2015 and November 05, 2015, respectively; or, any amendment or modifications to those requirements which may be granted by the Director of the Department of Public Works prior to recordation of a Parcel Map. 16. 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. Contact Hilary Kimber, Parks Supervisor,at(559)621-1345 for further information. Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 6 Maintenance Obligations: The long term maintenance of all the items listed below is ultimately the responsibility of the owner/subdivider: 17. Comply with all of the requirements included within the attached Department of Public Works, Traffic and Engineering Services Division memorandum regarding Maintenance Requirements dated October 23, 2015. SANITARY SEWER SERVICE The nearest existing sanitary sewer mains to serve the proposed project are an 8-inch main located in West Spaatz Avenue and an 8-inch main located in North Blythe Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 18. Comply with all of the requirements included within the Department of Public Utilities, Planning and Engineering (Sanitary Sewer) memorandum dated July 22, 2015; or, any 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 The nearest existing water mains to serve the proposed project are an 8-inch main located in West Spaatz Avenue and an 8-inch main located in North Blythe Avenue. The following water improvements shall be required prior to providing City water service to the project: 19. Comply with all of the requirements included within the Department of Public Utilities,Water Division memorandum dated July 07, 2015; or, any 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. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT [FMFCD} 20. 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 July 29, 2015. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 21. Comply with all of the requirements included within the attached Fresno Fire Department memorandum dated October 21, 2015. Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 7 FRESNO IRRIGATION DISTRICT (FID) 22. Comply with all of the requirements included within the attached Fresno Irrigation District memorandum dated July 27, 2015. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) 23. Comply with all requirements included within the attached San Joaquin Valley Air Pollution Control District memorandum dated July 23, 2015. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 24. Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated July 02, 2015. 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: Fresno Metropolitan Flood Control Fee Applicable Flood Fees as determined by the Fresno Metropolitan Flood Control District (see attached memorandum referenced herein above). 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. 2014-06 December 31, 2015 Page 8 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] $643/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge [1] $243/gross acre (parcels 5 gross acres or more) I. Water Supply Fee [2] $407.00/living unit equivalent* Service Area: 201-S m. Well Head Treatment Fee [2] $0.00/living unit equivalent* Service Area: 201 n. Recharge Fee [2] $0.00/living unit equivalent* Service Area: 201 o. 1994 Bond Debt Service [1] $0.00/living unit equivalent* Service Area: 201 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 r. Citywide Regional Street Impact Fee [3] - Commercial Retail $20,233.00/adj. acre s. New Growth Area Major Street Fee [3] -Commercial Retail $50,120.00/adj. acre t. Police Facilities Impact Fee—Citywide [4] -Commercial $665.00/1000 sq.ft. t Conditions of Approval Vesting Tentative Parcel Map No. 2014-06 December 31, 2015 Page 9 u. Traffic Signal Charge [1] -Commercial $47.12/ADT t Notes: The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Please see the attached memorandum from the Fresno Metropolitan Flood Control District (FMFCD)for further information regarding considerations which may affect the fee obligation(s)or the timing or form of fee payment. 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. [lily of cdclL+tI-\\I// DATE: December 31, 2015 TO: Will Tackett Development and Resource Management Department FROM: Louise Gilio Public Works Department, Traffic and Engineering Services Division SUBJECT: Conditions of Approval for C-15-071 Sierra Sky Park Shopping Center ADDRESS: 4415 West Spaatz Avenue APN: 501-048-01 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the CUP/SPR permit process. In order to avoid delays in obtaining a building permit, the following items shall be submitted to the contacts shown below. Traffic Impact Study(TIS) All projects that Public Works Department X are projected to generate 100 or more peak Jill Gormle (559) 621-8792 hour trips (AM or PM_) shall prepare a TIS y 'ill. ormle fresno. ov Public Works Department X Maintenance Agreement/CFD Ann (559) 621-8690 Lillie ann.lillie@fresno.gov Deed (up to 2 month processing time) Deed documents for the required dedications must conform to the format specified by the city and shall be prepared by the applicant's Jeff Public Works Department X engineer. The cost of deed document Beck (559) 621-8560 processing and recordation fee must be paid jeff.beck@fresno.gov at the time of deed submittal and submitted with verification of ownership prior to the issuance of building permits. Vacation (4 month processing time) A feasibility study for all proposed vacations of Alan Public Works Department X existing public right of way is required to be James (559) 621-8693 p completed rfor to building permits. alan.james@fresno.gov A Parcel Map is required to establish this Planning and Resource X configuration. Full offsite improvements for the Will Management Department lot of record are required at the time of Tackett (559) 621-8063 building ermits. Will.Tackett@fresno.gov PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Page 1 of 9 12/3112015 C-15-071 SPAATZ 4415 W doc 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 moss slope must be brought into compliance prior to acceptance by Public Works. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 12-1011 and Resolution No. 78-522/88-229. The construction of any overhead, surface or sub-surface structures and appurtenances in the public right 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 approvedrp Ior to issuance of building permits. Herndon Avenue: Expressway 1. Dedication Requirements a. Dedicate a 26' (minimum) easement for Bike, Pedestrian and Landscape purposes only. (Additional right of way may be required for grading and drainage purposes.) Above ground utilities are not allowed within this easement. b. Relinquish direct vehicular access rights to Herndon Avenue within the limits of this application. 2, Construction Requirements: a. Remove existing improvements that are not to the planned alignment and install required improvements to new street alignment and grade. (Herndon at Doolittle) b. Where missing, construct concrete curb and gutter to Public Works Standard P- 5. The parkway shall be constructed to a 10' pattern. c. Construct a 20' Emergency Vehicle Access across the parkway per Public Works Standard P-67, as shown on Exhibit"A". d. The existing underground street lighting system may need to be modified at Herndon and Doolittle. Submit street plans to Public Works for review and approval. e. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. f. Construct a 12' wide Bike and Pedestrian Class I Trail, complete with lighting, signing, striping and landscaping, per the 2035 Fresno General Plan, the Public Works Standards P-58, P-59, P-60, P-61 and the Caltrans Highway Design Manual. Identify route on the site plan complete with a cross section. Construct an expressway barrier fence within the limits of the application, per Public Works Standards P-74 and P-75. Blythe Avenue: Collector 1. (Dedication and/or Vacation Requirements a. Dedicate property, for public street purposes, as needed to provide for a 10' sidewalk within a street easement, per Exhibit"A". b. Vacate excessive right of way, as shown on Exhibit "A". 2. Construction Requirements: Page 2 of 9 12/3112015 C-15-071 SPAATZ 4415 W doc a. Where missing, construct concrete sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. Construct 4' x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). b. Site Plan approval of a street type approach per P-77 is a tentative approval until such time that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage approved by the City Engineer in accordance with Public Works Standard P-10. If grades are not sufficient, construct to Public Works Standards P-2 and P-6. c. Provide a 10' visibility triangle at all driveways. d. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-8 for Collectors. -OR- Show the existing street light locations on the plans, -AND- that they are constructed per current City of Fresno Standards. e. Construct a standard curb ramps per Public Works Standard P-28 and P-32 - OR- Modify or replace the existing ramps to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. "Detectable Warning Devices" are required, if not existing. Reference Public Works Standards P-24 thru P-27, P-28, P-30 thru P-32. 512aatz Avenue: Modified Local 1. Construction Requirements: a. Construct 65' of permanent paving per Public Works Standards, within the limits of this application and transition paving as necessary. Modified design to be approved with the street plans to accommodate aircraft. b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. Construct 4' x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). c. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Locals. (Standards may be modifies' to accom►nodate aircraft. Doolittle Avenue: Modified Local 1. Dedication and/or Vacation Requirements a. Dedicate property, for public street purposes, within the limits of this application, to accommodate a 10' sidewalk. b. Dedicate a corner cut for public street purposes at the intersection of Doolittle and Spaatz. c. Vacate 100' of right of way along Doolittle, measured from Herndon Avenue adjacent to this application. 2. Construction Requirements: a. Construct 65' of permanent paving per Public Works Standards, within the limits of this application and transition paving as necessary. Modify.=d design to be <20roved with the street ptans to 4-►ccommodate.Wro-aft. Page 3 of 9 1213112015 C-15-071 SPAA17_4415 W.doc b. Construct a 20' Emergency Vehicle Access across the parkway per Public Works Standard P-67. c. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' commercial pattern. Construct 4' x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2,11(C). d. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E.•9 for Locals. (Standards npBy be modified to accommodate aircraft d. Construct a standard curl) ramp per Public Works Standard P-28 and P-32, based on a 30' radius. e. Construct a modified cul-de-sac: 1 00' from Herndon per Exhibit "A" and P-18. Street Construction plans are required and shall be approved by the City Engineer. All improvements shall be constructed in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. The performance of any work within the public street right of way (including pedestrian and utility easements) requires a STREET WORK PERMIT prior to commencement of work. When preparing Street Plans and/or Traffic Control Plans, contact (Randy Schrey) at (569) 621-8807, 10 working days in advance, to make sure that sidewalks or an approved accessible path remain open during construction. Submit construction plans for all required work, in a single package, to the City of Fresno's, Traffic and Engineering Services Division. All work shall be reviewed, approved, completed and accepted r[or to obtaining a certificate of occupancy. Utility poles, street lights, signals, etc. shall be relocated as determined by the City Engineer. Dedication(s) shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Two working days before commencing excavation operations within the street right of way and/or utility easements, all existing underground facilities shall have been located by Underground Services Alert(USA) Call 811. All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. PRIVATE IMPROVEMENT REQUIREMENTS Off-Street Parking Facilities and(Geometries 1. Off-Street parking facilities and geometries shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawing(s) P-21, P-22, P-23. 2. Install 30" state standard "STOP" sign(s) at location(s) shown. Sign shall be mounted on a 2" galvanized post with the bottom of the sign 7' above ground; located behind curb and immediately behind a major street sidewalk. 3. Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit"A". Irripafion /_Canal_Regulre_ments: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. Page 4 of 9 1213112015 C-15-071 SPAAT7-4415 W doc All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. Identify the proposed easement or cross section on the site plan. Traffic_Sjgna!_Mitigation trngact (TSMI) Fee: A Traffic Impact Study is required. This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621-8797. The fees are based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Comply with the mitigation measures in the attached letter from the Traffic Engineer dated November 5, 2015. TSMI fee is credited against traffic signal and Intelligent Transportation System (ITS) improvements, provided that the improvements are; constructed at ultimate locations, contained within the build out of the 2035 General Plan circulation element and are included in the latest Nexus Analysis for TSMI fee. Project specific impacts that are not consistent with the 2.035 General Plan, Public Works Standard Drawings or not incorporated in the TSMI fee infrastructure costs, are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS improvements in the next update; upon the inclusion of the added infrastructure, the applicant shall agree to pay the newly calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited / reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited / reimbursable with this fee, they should work with the Department of Public Works and identify, with a Professional Engineer's estimate, the costs associated with the improvements, prior to paying the TSMI fee at time of building permit. Fresno Maior Street Impact (FMSI) Fees: This entitlement is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. / Contact the Public Works Department, Frank Saburit at(559)621-8797. 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.fresnocgq.org. Provide proof of payment or exemption 12Ei2K to issuance of certificate of occupancy. Ean: o resubmitting a corrected exhibit, provide the following information on the site A. General Requirements 1. Scale: Site plan must be drawn to an Engineering scale. Use 1"= 30' or larger. 2. Parcel of Record: Provide a legal description and identify the entire parcel at the time of permits.. 3. Phase lines: Identify 4. Property Lines, Easements and Vacations: Identify and dimension. 5. Scope of work: All items shall be listed as existing or proposed. B. Offsite information: 1. Section and Center Lines: Identify. Page 5 of 9 12131/2015 C-15-071 SPAATZ 4415 Kdoc 2. Street Improvements and furniture: Identify existing and proposed curb, gutter, sidewalks (provide width), driveway approaches (provide width), ADA ramps(provide radius), trails, street lights, traffic signals, utility poles, boxes, guy wires, signs, fire hydrants, bus stop benches, trash receptacles, tree wells, etc. C. Onsite Information: 1. AGcesS: Provide pedestrian, vehicular and service access. Identify in the operational statement the maximum size of vehicle to enter and exit the site. Provide turning templates on the site plan for all large vehicles or airplanes. Questions relative to these conditions may be directed to Louise Gilio at 559 621-8678 in the Public Works Department, Traffic and Engineering Services Division. Page 6 of 9 12131/2015 C-15-071 SPAR rZ 4415 W.dcc !_ _'�+3yp3 PUBLIC WORKS DEPARTMENT coy Hail Scott L Mw er,P E 26W Fresno Street,4'Floor Public Works Ouectnr Fresm.California 97721 Pb(559)621 6600 November 5,2015 Will Tackett,Supervising Planner Development and Resources Management Department 2600 Fresno Street,3`d Floor Fresno,CA 93721 SUBJECT: REVIEW OF THE TRAFFIC IMPACT STUDY (TIS) DATED MARCH 20, 2014 FOR THE PROPOSED GAS STATION/CONVENIENCE MARKET AND SHOPPING CENTER, CONDITIONAL USE PERMIT C-15-071 AND TENTATIVE PARCEL MAP NO. 2014-06, LOCATED AT THE NORTHEAST CORNER OF HERNDON AND BLYTHE AVENUES TIS 15-013,C-15-071,TPM 2014-06 PROJECT OVERVIEW We have reviewed the Traffic Impact Study (TIS) prepared by Peters Engineering for the proposed Gas Station/Convenience Market and Shopping Center, "project', that plans to construct an approximately 3,600 square foot mini mart with sixteen (16) fueling positions, 9,000 square feet of fast food restaurants with drive through and 39,455 square feet of shopping center on the northeast corner of Herndon and Blithe Avenues. The TIS evaluated the impacts of the project by analyzing two(2)intersections In the vicinity of the project and one (1) project driveway during the AM and PM peak hours. Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 9r"Edition. The following table includes the daily(ADT),AM and PM peak hour trips projected to be generated by the project as Shawn In the TIS: AM I PM Land Use Size ADT Peak Hour Peak Hour_ In Out Total I in Out Totai Gasoline/Service Station 16 fueling with Convenience Market positions 2,605 82 81 163 109 108 217 I(TE Code845} (3,600 sf) _ Shopping Center 39,455 sf 31711 55 34 89 101 161 322 .(ITE Code 820) Fast Food with Drive Through 9,000 sf 4,466 209 200 409 153 141 294 (UTE Code 934) Total 52,055 sf 10,782 346 315 661 (423 41Q 833 sl=square l0et Page 7 of 9 12/3112015 C-15-071 SPAATZ 4415 W.doc eased on the analyses included in the TIS,the study intersections are:currently operating at an acceptable level of service(LAS)standafd.The study intersections are projected to continue to operate at or abgve the arcePlable LDS ❑ standard with the addition of the projecI and cumulative growth. The TIS has identified a queuing issue for the southbound left-turn movements at the ince+section of Herndon and Mythe Avenues that is observed with the addition of the projected project trips at the intersection. The number of vehicles making the southbound left-turn movement exceeds tiie existing t00 foot atotage length by approximately two (2) vehicles (approximately 50 feet). In the.L'umulative 2035 Pleas Project Conditions.the existing 100 foot storage length is expected to be exceeded by more than 250 feet(approximately 10 vehicles). In addition, the number of vehicles making the southbound right-turn movement at Elie intersection of Herndon and Blythe Avenues is expected to exceed the existing 90 foot storage length by almost 200 feet(approximately 8 vehicles). GENERAL COMMENTS and CONDITIONS 1. This project shall pay its Traffic Signal Mitigation Impact(TSMI) Fee of$47.12 per ADT, per the Master Fee Schedule, at the time of building permit. Based on the weekday total AUT of 10,782 for the proposed project,the fee would be$508,047.84 payable at the time of the building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System(ITS)improvements(constructed at their ultimate location)that plan to build out the 2035 General Plan circulation element and are included in the Nexus Study for the TSMI fee. The TSMI fee is regularly updated as flew traffic signals are added, new grant funds offset developer improvement costs, and/or construction costs increase/decrease. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount,the applicant may apply for fee credits (security/bonding and/or developer agreement required)and/or reimbursement for work in excess of their fee as Iona as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department and identify,with a Professional Engineers estimate,the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. For project specific impacts that are not consistent with the 2035 General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees,the infrastructure costs will not be eligible for reimbursement unless the City Engineer and City Traffic Engineer include the r.ew traffic signal and/or ITS infrastructure in the next TSMI fee update and the applicant agrees to pay the new TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. Page 8 of 9 12/31/2015 C-15-071 SPAATZ 4415 W.doc 2. This project shall pay its Fresno Major Street Impact(FMSI)Fee,which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3. The project shall pay the Regional Transportation Mitigation Fee(RTMF). Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption,based on vesting rights,prior to issuance of building permits. 4. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements. 5. The proposed site plan shall be reviewed and approved by the City of Fresno Traffic& Engineering Services Division,Traffic Planning Section. 6 The proposed driveway along Blythe Avenue shall be limited to right-in/fight-out movements. 7. The project shall construct a full access driveway along Spaatz Avenue. 8. Prior to issuance of the first building permit, the proposed project shall construct a continuous raised median along Blythe Avenue between Hemdon and Spaatz Avenues. The southbound dual left-tum storage lengths and the southbound right-turn storage lengths at the intersection of Hemdon and Blythe Avenues will need to be extended to a length determined by the Traffic and Engineering Services Division based on information provided in the TIS. This traffic signal is not included in the current TSMI program and is not considered eligible reimbursable or creditable improvements. If you have any further questions regarding this matter,please contact me at(559)621-8792 or L.gormley-@ resm9..qQv. Sincerely, JUGormley, TE City Traffic Engineer/Traffic Engineering Manager Public Works Department.Traffic&Engineering Services c Copy filed with Traffic Fnpact Study Loude Giko,Traffic Pannog Supe Andrew Senn,PE.Aset Doector.Pubee Works Mike Sanchez.Ass!Nedw,GARM Page 9 of 9 12/31/2015 0-15-071 SPAATZ 4415 W.doc ONEW�u ilii J.O7T, XaMVMW M IL i E"'O '`.. .,�y4 �-�w. -'''•.i. �,u, �.re-r'.' -1---r° O� �?'I f�;1���€; .. ;�1;� +' r Y� Y t"'�• 7 I � � r.. r, + it_ 5 � � ; 4 .,L•t Ci}. y Q. �f-t� F•: i1`(�� '�'� f -tom» =gin s y�� i�• -1 Ci,�� i ` � ��5�•.''��.�- � ' ,s E�Q°�Ii �`If E Y :E y i#d � i � I I. I •� �� �1 1• 1 � 9f i r r off► oobo b000000 yt o E> o �l -•�,o � •'r° .� r�. .- �3`. ii! [�Tr sr� {iiia � �2 i t• s'F 6 --0 l 5� i �• �S !�i i{{�tl0 {lir {llili�i Jill, 11 HIM i e[:'r L7U• ai �i�i�� 1 #�kr. �' �r�rs�t r !I��� •i � g r�ifl�' 1j" rt � i ��6 I it '� rF�[ Q i=i � IQl{r t �I + .�• F � tl �� [�it���f §�ge1 Ql�. � f �. � i( 1�� i '� ,i�� ! �' �¢ r�� � • x �I r1 Ei 1 e� � � F � ff �• � }}�'te ,_ i• f• l. .[., :� � �_ � �f [�_� 1 � �aaezeer� e IEa1 PUBLIC WORKS DEPARTMENT CAy Hall Scott I P&zw P E 2600 Fresno Strait 4'FL.of Rubl r Wo Rs n:red w Fresno,CaiBornia 95721 Ph (559)621-RECO —r—W, November 5,2015 Will Tackett,Supervising Planner Development and Resources Management Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 SUBJECT. REVIEW OF THE TRAFFIC IMPACT STUDY (TIS) DATED MARCH 20, 2014 FOR THE PROPOSED GAS STATION/CONVENIENCE MARKET AND SHOPPING CENTER, CONDITIONAL USE PERMIT C-15-071 AND TENTATIVE PARCEL MAP NO. 2014-06, LOCATED AT THE NORTHEAST CORNER OF HERNDON AND BLYTHE AVENUES TIS 15-013,C-15-071,TPM 2014-06 PROJECT OVERVIEW We have reviewed the Traffic Impact Study (TIS) prepared by Peters Engineering for the proposed Gas Station/Convenience Market and Shopping Center, "project'-, that plans to construct an approximately 3,600 square foot mini mart with sixteen (16) fueling positions, 9,000 square feet of fast food restaurants with drive through and 39,455 square feet of shopping center on the northeast corner of Herndon and Blithe Avenues The TIS evaluated the impacts of the project by analyzing two(2) intersections in the vicinity of the project and one (1) project driveway during the AM and PM peak hours. Vehicle trips projected to be generated by the pray-ct were calculated using the ITE Trip Generation Manual, 911 Edition. The following table includes the daily.(ADT), AM and PM peak hour trips proj"Ied to be generated by the project as shown in the TIS: - — _ Weekday. AM PM Land Use Size ADT Peak Hour Peak Hour _ In Out Total In Out Total Gasolh- ervice Station 16 fueling with Convenience Market positions 2,605 82 81 163 109 108 217 IL Code Wj (3,600 sf) Shopping Center 39,455 sf 3,711 55 34 89 161 161 322 (ITE Code 820) Fast f=ood with Drive Through 9,000 sf 4,466 209 200 409 153 141 294 LITS Code 93.4) Total _ _ 52,055 sf 10,7.82 346 r 315 661 423 410 833 sf=square feel Page 7 of 9 12/31/2015 C-15-071 SPAATZ 4415 W.doc Based on the analyses included in the TIS,the study intersections are currently operating at an acceptable level of service(LOS)standard_The study intersections are projected to continue to operate at or above the acceptable I.OS I7 standard with the addition of the project and Cumulative growth. l-he IIS has identified a queuing issue for the southbound left-turn movements at the intersection of Herndon and Blythe Avenues that is observed with the addition of the projected project trips at the intersection. The number of vehicles making the southbound left-turn movement exceeds the existing 100 foot storage length by approximately two (2) vehicles (approximately 50 feet). in the Cumulative 2035 Plus Project Conditions, the existing 100 foot storage length is expected to be exceeded by more than 250 feet (approximately 10 vehicles). In addition, the number of vehicles making the southbound right-turn movement at the intersection of Herndon and Blythe Avenues is expected to exceed the existing 90 foot storage length by almost 200 feet(approximately 8 vehicles) GENERAL COMMENTS and CONDITIONS 1. This project shall pay its Traffic Signal Mitigation Impact (I SMI) Fee of$47.12 per ADI, per the Master Fee Schedule, at the time of building permit. Based on the weekday total ADT of 10,782 for the proposed project,the fee would be$508,047,84 payable at the time of the building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure: so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location)that plan to build out the 2035 General Plan circulation element and are included in the Nexus Study for the TSMI fee. The TSMI fee is regularly updated as new traffic signals are added, new grant funds offset developer improvement costs, and/or construction costs increase/decrease. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount,the applicant may apply for fee credits (security/bonding and/or developer agreement required)and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department and identify, with a Professional Engineers estimate,the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. For project specific impacts that are not consistent with the 2035 General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible for reimbursement unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next TSMI fee update and the applicant agrees to pay the new TSMI fee that includes the new infrastructure. Failure to pay this fee or Construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. Page 8of9 12/31/2015 0-15-071 SPAATL 4415 W.doc 2 This project shall pay its Fresno Major Street Impact fFMSI) Fee,which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3. The project shall pay the Regional Transportation Mitigation Fee (RTMF). Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext 200; www.fresnocoa.org Provide proof of payment or exemption,based on vesting rights, prior to issuance of building permits. 4 The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements 5 The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division,Traffic Planning Section. 6 The proposed driveway along Blythe Avenue shall be limited to right-in/right-out movements. 7. The project shall construct a full access driveway along Spaatz Avenue. 8. Prior to issuance of the first building permit, the proposed project shall construct a continuous raised median along Blythe Avenue between Herndon and Spaatz Avenues. The southbound dual left-turn storage lengths and the southbound right-turn storage lengths at the intersection of Herndon and Blythe Avenues will need to be extended to a length determined by the Traffic and Engineering Services Division based on information provided in the TIS. This traffic signal is not included in the current TSMI program and Is not considered eligible reimbursable or creditable improvements. If you have any further questions regarding this matter, please contact me at(559)621-8792 or iii—I.gormleyC@fresnogov Sincerely, Jill Gormley TE City Traffic Engineer/Traffic Engineering Manager Public Works Department,Traffic&Engineering Services C Copy filed with Traffic Impact Study Louise Gino.Traffic Punning Supervisor Andrew Senelli,PE,Asst Director,Public Works Mike Sanchez.Assl Director,DARM Page 9 of 9 12/31/2015 C-15-071 SPAATZ 4415 W.doc City of Ir Fib .. DATE: December 31, 2015 TO: Will Tackett Development and Resource Management Department FROM: Louise Gilio, Traffic Planning Supervisor Department of Public Works, Traffic and Engineering Services Division SUBJECT: Tentative Parcel Map 2014-06, Public Works Conditions of Approval Location: 4415 West Spaatz Avenue Owner/ Engineer: Sky Park, LLC/ Douglas Johnson Land Surveying 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 to enter into a bonded secured agreement for these improvements. This must be executed prior to perfection of this parcel map. Steve Delsid (559) 621-8725 General Conditions • Submittal of engineered construction plans to the Public Works Department,Traffic and Engineering Section for approval must be made gda to the final map. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street construction, Signing, Striping, Traffic Signal and Streetlight. • All required signing and striping shall be installed and paid for by the developer / owner. The signing and striping plans shall comply with the current Caltrans standards and be submitted as a part of the street improvement plans. ■ Additional offsite improvements will be required at the time of future site plan review. • Curb ramps with "Detectable Warning Devices" are required at all corners within the limits of this parcel map. • Repair 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. Page 1 of 5 TATraffic Planningl_CONDITIONS OF APPROVALIPARCEL MAPSW141PM 2014-06 SPAATZ 4415 MPM 2014-06 SPAATZ 4415 W.doc ® Intelligent Transportation Systems (ITS): Street work on major streets shall be designed to include ITS in accordance with the Public Works ITS Specifications, where not existing. ADA: Provide a minimum 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 Services Division. ® Street widening and transitions shall also include utility relocations and necessary dedications. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Resource Management Department. All pining shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Traffic and Engineering Services Division for review and approval. Identify the proposed easement and provide a final cross sectional detail on the map. Street Dedications and/or Vacations Identify all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc. within the public right of way. Also, identify the required 4' minimum path of travel along the public sidewalk directly in front of property, as required by the California Administration Code(Title 24). A pedestrian easement may be required if Title 24 requirements cannot be met. The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment agreement is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division. Contact Alan James at (559) 621-8693. Encroachment agreements must be approvedrp for to final map. 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. Street construction plans are required and shall be approved by the City Engineer. -rhe performance of any work within the public street rights-of- way (including pedestrian and utility easements) requires a STREET WORK PERMIT rior to commencement of work. Contact the City of Fresno Public Works Department, Traffic and Engineering Services Division at(559) 621-8670 for detailed information. Submit the following, as applicable, in a single package to the City of Fresno Public Works Department, Traffic and Engineering Section to route for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Signal Plans. Public Streets: Herndon Avenue: Expressway 1. Dedication Requirements Page 2 of 5 TATraffic Planning\_CONDITIONS OF APPROVAUPARCEL MAPS\2.0141PM 2.014-06 SPAAT7-4415 MPM 2014-06 SPAATZ 4415 W.doc a. Dedicate a 26' (minimum) easement for Bike, Pedestrian and Landscape (BPLE) purposes only. (Additional right of way may be required for grading and drainage purposes.) Above ground utilities are not allowed within this easement. b. Relinquish direct vehicular access rights to Herndon Avenue within the limits of this application. 2.. Construction Requirements: a. Remove existing improvements that are not to the planned alignment and install required improvements to new street alignment and grade. (Herndon at Doolittle) b. Where missing, construct concrete curb and gutter to Public Works Standard P-5_ The parkway shall be constructed to a 10' pattern. c. The existing underground street lighting system may need to be modified at Herndon and Doolittle_ Submit street plans to Public Works for review and approval. d. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. e. Construct a 12' wide Bike and Pedestrian Class I Trail, complete with lighting, signing, striping and landscaping, per the 2035 Fresno General Plan, the Public Works Standards P-58, P-59, P-60, P-61 and the Caltrans Highway Design Manual. Identify route on the site plan complete with a cross section. Construct an expressway barrier fence within the limits of the application, per Public Works Standards P-74 and P-75. Blythe Avenue: Collector 1. Dedication and /or Vacation Requirements a. Dedicate property, for public street purposes, as needed to provide for a 10' sidewalk within a street easement, per Exhibit"A". b. Vacate excessive right of way, as shown on Exhibit "A" of C-15-071. 2. Construction Requirements: a. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E•-8 for Collectors. -OR-Show the existing street light locations on the plans, -AND-that they are constructed per current City of Fresno Standards. b. Construct a standard curb ramps per Public Works Standard P-28 and P-32 -OR- Modify or replace the existing ramps to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. "Detectable Warning Devices" are required, if not existing. Reference Public Works Standards P-24 thru P-27, P-28, P-30 thru P-32. Spaatz Avenue: Local 1. Construction Requirements: a. Construct 65' of permanent paving per Public Works Standards, within the limits of this application and transition paving as necessary. Modified rlesi n tri he apj2roved with the stree#alans to Dccomrnadate aircraft. b. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed to a 10' pattern. Page 3 of 5 TATraffic iw ianning—CONDITIONS of APPROVALTARCEL MAPS12014TIM 2014-06 S13AATZ 4415 WPM 2014-06 SPAATZ 4415 W.doc c. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Locals. Standar s irlay be modified to accommodate aircraft. Doolittle Avenue: Local 1. Dedication and/or Vacation Requirements a. Dedicate property, for public street purposes, within the limits of this application, to accommodate a 10' sidewalk. b. Dedicate a corner cut for public street purposes at the intersection of Doolittle and Spaatz. c. Vacate 100' of right of way along Doolittle, measured from Herndon Avenue adjacent to this application. 2. Construction Requirements: a. Construct 65' of permanent paving per Public Works Standards, within the limits of this application and transition paving as necessary. Modified desi n to be apniroved with the street plans to accommodate aircraft. b. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed to a 10' pattern. d. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Locals. S€aodards May be modified to accommodate aircraft. c. Construct a standard curb ramp per Public Works Standard P-28 and P-32, based on a 30' radius. d. Construct a modified cul-de-sac: 1 00'from Herndon per Exhibit"A" of C-15-071 and P-18. Specific Mitigation Requirements: A Traffic Impact Study is required and has been submitted. Comply with the mitigation measures in the attached letter from the Traffic Engineer dated November 5, 2015. 1. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 2. A feasibility study for all proposed vacations of existing public rights of way is required to be completedrp for to the approval of the tentative map. Contact Alan James for Corrin enlS end conditions. Submit an application to Public Works to initiate a feasibility study for the proposed vacations. (Contact Alan James at 621-8693 for details) a. Vacate the portion of the Doolittle Avenue between Herndon and Spaatz. b. (If property on adjacent parcel): Provide letters from the owners of APN(s) stating that they are or are not in agreement with the proposed street vacations. Submit a legal description and drawing to Public Works for the area proposed to be vacated at xx and xx to be used for a quitclaim deed that will quitclaim the City's interest in the subject area. Traffic Signal_ Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees, at the time of Building Permits based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Contact the Public Works Department, Frank Saburit at(559)621-8797. TSMI fee is credited against traffic signal and Intelligent Transportation System (ITS) improvements, provided that the improvements are; constructed at ultimate locations, contained within the build out of the 2035 General Plan circulation element and are included in the latest Nexus Analysis for TSMI fee. Project specific impacts that are not consistent with the 2035 General Plan, Public Works Standard Drawings or not incorporated in the TSMI fee infrastructure costs, are not reimbursable unless the City Page 4 of 5 TATraffic Planning\_CONDITIONS OF APPROVAL\PARCEL MAPS\2014\PM 2014-06 SPAATZ 4415 W\PM 2014-06 SPAArZ 4415 W doc Engineer and City Traffic Engineer include the new traffic signal and/or ITS improvements in the next update; upon the inclusion of the added infrastructure, the applicant shall agree to pay the newly calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. if the applicant is conditioned with improvements that are credited/ reimbursable with this fee, they should work with the Department of Public Works and identify, with a Professional Engineer's estimate, the costs associated with the improvements, prior to paying the TSMI fee at time of building permit. Fresno Malar Street Impact (FMSi)Fees: This map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Contact the Public Works Department, Frank Saburit at(559)621-8797. Rectional Transgortation Mitigation Fee [RTMF]:_Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 2.33-4148 ext. 200; www.fresnocog.orq. Provide proof of payment or exemptionrp for to granting final occupancy. Page 5 of 5 TATraffic Planning\_CONDITIONS OF APPROVAL\PARCEL MAPS\2.014\PM 2014-06 SPAATI 4415 W\PM 2014-06 SPAAT7-4415 W dor- F PUBLIC WORKS DEPARTMENT City Hall Scott L.Mozier,P.E. 2600 Fresno Street,4"Floor Public Works Director Fresno,California 93721 Ph.(559)621-8800 WWW frw*gm November 5, 2015 Will Tackett, Supervising Planner Development and Resources Management Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 SUBJECT: REVIEW OF THE TRAFFIC IMPACT STUDY (TIS) DATED MARCH 20, 2014 FOR THE PROPOSED GAS STATION/CONVENIENCE MARKET AND SHOPPING CENTER, CONDITIONAL USE PERMIT C-15-071 AND TENTATIVE PARCEL MAP NO. 2014-06, LOCATED AT THE NORTHEAST CORNER OF HERNDON AND BLYTHE AVENUES TIS 15-013, C-15-071, TPM 2014-06 PROJECT OVERVIEW We have reviewed the Traffic Impact Study (TIS) prepared by Peters Engineering for the proposed Gas Station/Convenience Market and Shopping Center, "project', that plans to construct an approximately 3,600 square foot mini mart with sixteen (16) fueling positions, 9,000 square feet of fast food restaurants with drive through and 39,455 square feet of shopping center on the northeast corner of Herndon and Blithe Avenues. The TIS evaluated the impacts of the project by analyzing two (2) intersections in the vicinity of the project and one (1) project driveway during the AM and PM peak hours. Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 9d' Edition. The following table includes the daily (ADT), AM and PM peak hour trips projected to be generated by the project as shown in the TIS: T Weekday — -- AM PM Land Use Size ADT Peak Hour Peak Hour In Out Total In Out Total Gasoline/Service Station 16 fueling with Convenience Market positions 2,605 82 81 163 109 108 217 (ITE Code 945 (3,600 sf) Shopping Center 39,455 sf 3,711 55 34 89 161 161 322 ITE Code 820 Fast Food with Drive Through 9,000 sf 4,466 209 200 409 153 141 294 ITE Code 934 Total 52,055 sf 10,782 346 1 315 661 423 410 833 sl square Awl: Based on the analyses included in the TIS, the study intersections are currently operating at an acceptable level of service (LOS) standard. The study intersections are projected to continue to operate at or above the acceptable LOS D standard with the addition of the project and cumulative growth. The TIS has identified a queuing issue for the southbound left-turn movements at the intersection of Herndon and Blythe Avenues that is observed with the addition of the projected project trips at the intersection. The number of vehicles making the southbound left-turn movement exceeds the existing 100 foot storage length by approximately two (2) vehicles (approximately 50 feet). In the Cumulative 2035 Plus Project Conditions, the existing 100 foot storage length is expected to be exceeded by more than 250 feet (approximately 10 vehicles). In addition, the number of vehicles making the southbound right-turn movement at the intersection of Herndon and Blythe Avenues is expected to exceed the existing 90 foot storage length by almost 200 feet(approximately 8 vehicles). GENERAL COMMENTS and CONDITIONS 1_ This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of $47.12 per ADT, per the Master Fee Schedule, at the time of building permit. Based on the weekday total ADT of 10,782 for the proposed project, the fee would be $508,047.84 payable at the time of the building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the 2035 General Plan circulation element and are included in the Nexus Study for the TSMI fee. The TSMI fee is regularly updated as new traffic signals are added, new grant funds offset developer improvement costs, and/or construction costs increase/decrease. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department and identify, with a Professional Engineers estimate, the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. For project specific impacts that are not consistent with the 2035 General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible for reimbursement unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next TSMI fee update and the applicant agrees to pay the new TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. 2. This project shall pay its Fresno Major Street Impact (FMSI) Fee, which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3 The project shall pay the Regional Transportation Mitigation Fee (RTMF). Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.iresnococl or . Provide proof of payment or exemption, based on vesting rights, prior to issuance of building permits. 4 The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements. 5. The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division, Traffic Planning Section. 6. The proposed driveway along Blythe Avenue shall be limited to right-in/right-out movements. 7. The project shall construct a full access driveway along Spaatz Avenue. 8. Prior to issuance of the first building permit, the proposed project shall construct a continuous raised median along Blythe Avenue between Herndon and Spaatz Avenues. The southbound dual left-turn storage lengths and the southbound right-tum storage lengths at the intersection of Herndon and Blythe Avenues will need to be extended to a length determined by the Traffic and Engineering Services Division based on information provided in the TIS. This traffic signal is not included in the current TSMI program and is not considered eligible reimbursable or creditable improvements. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or illi gormley fresno. ov . Sincerely, Jill, ormley,TE City Traffic Engineer/Traffic Engineering Manager Public Works Department, Traffic& Engineering Services C Copy filed with Traffic Impact Study Louise Gillo,Traffic Planning Supervisor Andrew Benelli,PE,Asst.Director,Public Works Mike Sanchez,Asst.Diredor,DARM City of COC�L���11, DATE: October 23, 2015 TO: Will Tackett, Supervising Planner Development and Resource Management Department FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: CONDITIONS OF CONDITIONAL USE PERMIT APPLICATION NO. 2015-071 AND VESTING TENTATIVE PARCEL MAP NO. 2014-06 FOR MAINTENANCE REQUIREMENTS ADDRESS: 4415 West Spaatz Avenue APN: 501-048-01 ATTENTION: The items below requires a separate process with additional costs and timelines. In order to avoid delays with the development approval, the following items shall be submitted for processing to the Public Works Department, Traffic and Engineering Services Division prior to Building Permits and final map approval. X Private Maintenance Covenant Ann Lillie (559) 621-8690 ann.lill'ie@fresno.gov X CFD Annexation Request Package The Public Works Department, Traffic and Engineering Services Division, has completed its review and the following requirements are to be placed on this development as a condition of approval by the Public Works Department. These requirements are based on City records, standards and the proposed improvements depicted for this development on the exhibits submitted. 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 and shall require a revision of this letter. Any change affecting the items in these conditions requires revision of this letter. Delays to the final development approval will_occur if the maintenance requirements are not met. Time-lines for the processing of the annexation to the CFD and private maintenance covenant require three to four months and SHALL be completed prior to Building Permit approval. All applicable construction plans for this development are to be submitted to the Traffic and Engineering Services Division for review and approval prior to the CFD and private maintenance Page 1 of 3 REV:June 1,2015 C-15-071 Maintenance Conditions.docx covenant process and shall be deemed technically correct. If Landscape and Irrigation Plans are required, approval of the plans is required prior to the finalization of the CFD process and the approval of this development. 1. The Property Owner's Maintenance Requirements The long term maintenance and operating costs, including repair and replacement, of certain required public improvements ("Services") associated with all new Commercial, Industrial and Multi-Family developments are the ultimate responsibility of the Property Owner. The property owner shall provide Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno's Community Facilities District No. 9 ("CFD No. 9"). The following public improvements (existing and proposed) are eligible for Services by CFD No. 9 as associated with this development: • All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within public street rights-of-way, required public trail easements, and landscape easements located between required sound walls and adjacent to public streets; including without limitation, median islands (1/2 if frontage is only on one side) and parkways. (North Blythe Avenue, North Doolittle Avenue, and West Spaatz Avenue) ■ Concrete curb and gutters, valley gutters, sidewalks, curb ramps, median capping and maintenance bands (1/2 if frontage is only on one side), and traffic calming structures in the street rights-of-way. (North Blythe Avenue) • Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island curbing and hardscape, street paving and street name signage. (North Doolittle Avenue, and West Spaatz Avenue) • All costs associated with the street lights (including repair and replacement) within public street rights-of-way. (North Blythe Avenue, North Doolittle Avenue, and West Spaatz Avenue) 2. The Property Ow tier may choose to do one or both of the follow in : I, The Property Owner may petition the City of Fresno to request annexation to CFD No. 9 by completing and submitting an Annexation Request Package to the Public Works Department, Traffic and Engineering Services Division for review and approval. The Annexation Request Form is available, along with current costs, on- line at the City's website at http://www.fr_es_no.go , under the Public Works Department, Developer Doorway. ■ Proceedings to annex territory to CFD No. 9 SHALL NOT commence unless this development is within the City limits and all construction plans (this includes Street, Street Light, Signal and Landscape and Irrigation plans as applicable) are considered technically correct. ■ The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Technically Correct shall Page 2 of 3 REV:June 1,2015 C-15-071 Maintenance Conditions.docx mean that the facilities and quantities to be maintained by CFD No. 9 are not subject to change after acceptance for processing. The annexation process takes froin three to four months and SHALL be completed prior to building permit approvals. The review and approval of Landscape and Irrigation Plans are required to be approved by the Public Works Department prior to the completion of the annexation process. Public improvements not listed above will require special approval by the Public Works Department Director or his designee. -OR- II, The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements riot included for annexation to CFD No. 9 for Services SHALL be included in a maintenance covenant or some other City approved mechanism for the required Services associated with this development. Contact the Planner in the Development and Resource Management Department for more details. Any change to this development that would affect these conditions shall require a revision of this letter. For any questions regarding these conditions please contact me at (559) 621-8690 / ann.lillie a�fresno.gov Page 3 of 3 REV:June 1,2015 C-15-071 Maintenance Conditions.docx DEPARTMENT OF PUBLIC UTILITIES DPU ADMINISTRATION DIVISION MEMORANDUM Date: July 22, 2015 To: NATHAN BOUVET, Planner II Planning and Development Department From: KEVIN GRAY, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SEWER REQUIREMENTS FOR PARCEL MAP PM-2014-06 General Conditional Use Permit Application No. C-15-071 and Vesting Tentative Parcel Map No. 2014- 06 have been filed by Jeff Cazaly, on behalf of Sky Park, LLC, pertaining to ±6.46 acres if property located on the north side of West Herndon Avenue between North Blythe Avenue and North Doolittle Drive, 4415 West Spaatz Avenue & APN: 501-048-01. Conditional Use Permit Application No. C-05-071 request authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space; and includes a request of authorization to establish a State of California Alcoholic Beverage Control Type 20 Alcoholic Beverage Control Type 20 alcohol license (Package Store—sale of beer and wine for consumption off the premises where sold) for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions . Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 11 commercial parcels within the proposed planned development. Sewer Requirements The nearest sanitary sewer mains to serve the proposed project is an 8-inch sewer main located in W. Spaatz and in N. Blythe Avenues. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Construct an 8-inch sanitary sewer main (including sewer house branches to adjacent properties) in West Spaatz Avenue from the existing 8-inch main stub located in West Spaatz Avenue to the intersection of North Doolittle and West Spaatz Avenues, 2. Construct an 8-inch sanitary sewer main (including sewer house branches to adjacent properties) in North Doolittle Avenue from the proposed 8-inch main at the intersection of West Spaatz and North Doolittle Avenues to the end of southerly property line on North Doolittle Avenue. 3. Connection to the existing 45-inch sewer trunk in W. Herndon Avenue shall not be allowed. 4. Separate sewer house branches are required for each lot. } A Nationally Accredited Public Utility Agency 5. Installation of sewer house branches shall be required. 6. All sanitary sewer mains shall be extended within the proposed tract to provide service to each parcel. 7. On-site sanitary sewer facilities shall be private. 8. A cross access agreement is required for sewer service(s) crossing parcels 9. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawing for City review. 10. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 11. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. 12. 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. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge Area:15 3. Trunk Sewer Charge: Herndon 4. Sewer Facility Charge (Non-Residential) 5. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 6. Sewer Facility Charges are collected after occupancy on a 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. • 5555}.I�Illi!ilfi DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION - DPU' MEMORANDUM DATE: July 7, 2015 TO: NATHAN BOUVET, Planner III Development and Resource Management Department— Current Planning THROUGH: MICHAEL CARBAJAL, Division Manager Department of Public Utilities —Water Division FROM: ROBERT DIAZ, Senior Engineering Technician Department of Public Utilities —Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING PARCEL MAP 2014-06 AND CONDITIONAL USE PERMIT C-15-071. General Conditional Use Permit Application No. C-15-071 and Vesting Tentative Parcel Map No. 2014-06 have been filed by Jeff Cazaly, on behalf of Sky Park, LLC, pertaining to ±6.46 acres if property located on the north side of West Herndon Avenue between North Blythe Avenue and North Doolittle Drive, 4415 West Spaatz Avenue & APN: 501-048- 01. Conditional Use Permit Application No. C-05-071 request authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space; and includes a request of authorization to establish a State of California Alcoholic Beverage Control Type 20 Alcoholic Beverage Control Type 20 alcohol license (Package Store — sale of beer and wine for consumption off the premises where sold) for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions . Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 11 commercial parcels within the proposed planned development. Water Service The nearest existing water main to serve the proposed project an 8-inch main located in North Blythe Avenue and an 8-inch main located in West Spaatz Avenue. The following water improvements shall be required prior to providing City water service to the project: w A Nationally Accredited Public Utility Agency 1. Construct a 12-inch water main (including fire hydrants) in North Doolittle Drive from the existing 12-inch water main located in West Herndon Avenue north to West Spaatz Avenue. 2. Construct an 8-inch water main (including fire hydrants) in West Spaatz Avenue from North Doolittle Avenue west to the existing 8-inch water main in West Spaatz Avenue east of North Blythe Avenue. 3. Separate water services with meter boxes shall be provided to each lot. 4. Cross access agreement shall be required for Lot G & Lot J for water service. 5. No water service connection shall be allowed to the existing 12-inch water main located in West Herndon Avenue. 6. Seal and abandon any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No,210 41 I NOTICF.OF REQUIREM F,NTS Page I of 4 PUBLIC AGENCY DEVELOPER NATHAN BOUVET JEFF CAZALY,CAZAI,Y CONSULTING DEVELOPMENT AND RESOURCE MANAGEMENT 735 W.ALLUVIAL AVE.,SUITE 104 CITY OF FRESNO FRESNO,CA 93 71 1 2600 FRESNO STREET,THIRD FLOOR FRESNO,CA 93721-3604 PROJECT NO: 2014-006 ADDRESS: 4415 W.SPAATZ AVE. /� APN: 501-048-01 _ SENT: 1b,/ ment Review 2- Drainage Arca(s) Preliminary Feels) Development Service Charge(s) Fee(s) EK $0.00 NOR Review• $280.00 To be paid prior to release of District commenrs to Public Agency and Developer. GredingPlan Review $1,42400 Amount tobesubmitted with first grading plan submitlal. Storm Drain Plan Review• Fur amount orfee,refer to www.fresnolkwdcontml.org fnt form to rill out and submit with first siouu dt ainplm subumlal(tdan4 copy attached). Total Drainage Fee: S0.00 Total Service Charge: S1,7041.00 • The Development Review Service Charge shown above is associated with FR CUP 2015071 and is cwrendy proposed to develop in conjunction with this permit Payment for this entitlement shall satisfy the runeunt due on the associated permits ■ 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 District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. ML Pursuant to the District's Development Review Fee Policy,the subject project shall pay review fees for issuance of this Notice of Requirements(NOR)and any plan submittals requiring the District's reviews.The NOR fee shall be paid to the District by L]eveloper helbre the Notice of Requirement will be submitted to.the Cily.'T'he C7rading Phtrt fee shall be paid upon first submittal.The Sivrin Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage rcr:s pursuant to the Drainage Fee Ordinance prior to issuance of building permit at the rates in elFect at the time of such issuance. Fhe fee indicated above is valid through 2129116 based on the site plan submitted to the Di-strict u1t 7101115 C'01114C1 FMFC'D For it revised fee;in casas where changes are made in the proposed site plan which materially alter the proposed Impervious arca. Considerations which may affect the fee obligation(s)or the liming or form of fee payment: a.) Fees related to undeveloped or phased portions of the project play 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. e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NO'T'ICE OF REQUIREMENTS Page 2 o f 4 Approval of this development shall he conditioned upon compliance with these District Requirements. 1, a. Drainage from the site sltall BF.DIRECTL'D TO mn _X . b. Grading and drainage patterns shall be as identified on I xhibit No. I The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and c' Flood Control Master plan. 2, The proposed development shall construct and/or dedicate Storm Drainage and flood Control Master Pill[)facilities located within the development or necessitated by any ofl=site improvements required by(lie approving agency: X.— Developer shall construct facilities as shown on Exhibit No. 1 as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY D1VE10PER". None required. 3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X_ Grading Plan 0 X Street Plan X Storm Drain Plan Water&Sewer Plan )► Final Map X Drainage Report(to be submitted with tentative map) Other None Required 4. Availability of drainage facilities,, Permanent drainage service is available provided the developer can verify to the satisfaction of the City a' that runoffcan be safety conveyed to the Master Plan inlet(s). X 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 scrvire is available. _------- d. See Exhibit No.2. 5. 'file 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. G. 'file subject site contains a porton of a Canal or pipeline that is used to manage recharge,storm water, and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 V.OLIVE-Ft2FSNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENT'S Page 3 or4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Wn Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,effective July 1,2010,as amended, 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 and Permit Registration Documents 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. h. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. ML c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storni Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. A. 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. % 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. 1 10. X See Exhibit No.2 for a itional comments,recommendations and requirements. Peter Sanchez Mark Wil District Engineer V Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-PAX(559)556-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 Pursuant to the District's Developrneni Review Fee Policy,the subject project shall pay review fees in the amount identified below for Storm Drain Review The fee shall be paid to the District by Developer with first plan submittal.Checks shall he made out to Fresno Cnl iss Metropolitan Flood Control District. 13-Cnepeu Hin 741 DO Lp Application No. FR TPM 2014-006 Ircc.x mNprrsb7.00LF 24.Oaxnll pipes 13s.o0LF Name/Business ,TEFF CAZALV.CAZALV CONSULTING 1WCw %vApsM00LF 16'Cartavu Pipe 1161.00 LP' Project Address 4415 W.SPAATZ AVE. srcancm.P4p"W1.00W Project APN(s) 501-048-01 49,c0x1elriPW1:42,00LF u'Cartrrw i4p1r si7zoviP Project Acres(gross) 8.00cora>M�prs�zrott 661 Cooenft ys$HIMLF Please fill in the table below of proposed storm drain facililia to be camlructcd with this development and return completed form with r2'C*W*r3pm11x(*lP first plan submittal.If you have any questions or concerns regarding the construction of facilities list,you can contact the Fresno H'Carcretr rips t".00LF Mdropolilan Flood Control District at 559-456.3292. G6'Cchorelrftpe 3111.D01F Description Qty UnilI Price Amount Is JralaRpdssaeaLF 11'ladudAprs537s061F � 74'Y.W pipn s6s0.06 LP ]0'7aeird slpaa f71}.DO LF W Jilted pipes 13p0.W 0 ,w lscked lip.wo oo LP 4ar JxWApm 190000 LF. sS'J#edPlprs 5973.041.P 60'44WPtperf1,0S6,001.P , dd'.lac4[t1PCpta11,IS0.001P yJ'lsc�sli'lprSl,t00,00LF 11'lackrt r5prr.71�1so,o0 Li> Mmboik IQS30160 Fel ' talr:✓klysogU.4s0A0EA OcINkSt.S0A0013A Cal 0W*14$9PN 00 RA Iisoa 9su+�nn A7.7f CY GV'I F100VD4VM A 1oL%'9MI' TO#AWN Pam.Pad,ad GMr 127.001P A4o+[+kia 117.54lA r:; An"Psrir+0 ViJW tP LOW Nwn L11.so LF Estimated Construction Cost C,,rvi dOanr[11a1s Lp W,"l;V&oo LF I n.yuuk Ic-ur el .wr L+na W 00 1J, 517;frl piu};'.nl Ih,cAnn;npt inuaaicli.[n n.i: L r:d is 4-1041 uio.,pa atirl S2.JpILOU Wm,tea°921.00 LF Strx a salper f11[.]LF Amount Due Pump SadaMnpko L4SA060.00 EA 1469 E.OLIVE-FRESNO,CA 93727.(559)456-3292-FAX(559)436-3194 NOTE:THIS MAP IS SCHEMATIC. DISTANCES,AMOUNT OF CREDITABLE FACILITIES,AND LOCATION OF INLET BOUNDARIES ARE APPROXIMATE. VANVEGR]Fr AVE \ \ \ \ \ I f \ \ t / 1P � ` I ----- _1-HLYTHE AVE 1 � I � � I CUP 2015-071 / I \� TPM 2014-006 1 \ I 1 1 I 1 \ I I I (( I I I I -'I 1 1 _————— —J __f --�-- ._ _ ______ --_Y,__ _,y—_ _—_ HERNDON AVE --- -------- - ------ - -- --- — — --------._ ------ ------- I I I � I � I �I I f f LEGEND Creditable Facilities(Master Plan Facilities To Be Constructed By Developer)-Pipeline(Size Shown)&Inlet. Limits of CUP 2015-071 and TPM 2014-006 1 "=200' E3— — Existing Master Plan Facilities Q - Future Master Plan Facilities CUP 2015-071 - Inlet Boundary TP 2014-006 DRAINAGE AREA "EK" Direction of Drainage EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wade( Date:728/2015 Path:K:WubraiADWGSIOEXHIBITICITYCUP12015.071 mxd OTHER IM QUIREMENTS EXHIBIT NO.2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage casements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reirnbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. Parcels C, I), E, l*', IJ, and I are required to grant drainage covenants for Parcels A, B, J and c to allow surface runoff to reach proposed Master Planned facilities located on Spaatz and Doolittle. The subject site is located within the District's Drainage Area "IK". Runoff lronl the system will ultimately drain to the San Joaquin River. Drainage runoff from commercial and industrial land uses directly to the river is prohibited by City of Fresno and District policy. The District is therefore requiring on-site mitigation of the runoff duality prior to discharge to the public drainage system. The specific plan and detail of the proposed mitigation must be reviewed and approved by the District prior to implementation. The developer is responsible to implement mitigation features which will maintain compliance with the Local, State, and IPA standards and regulations throughout the life of the project. The on-site mitigation system must be paid for and maintained by the developer. An agreement will be required to insure maintenance of these facilities. The following paragraphs only apply towards development of the individual parcels and are not conditions for the recording of the map. In an effort to improve storm 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 arca to filter out pollutants from roof runoff. Development No, "TPM 2014-006 Page I of 2 cngAperm it\czhibit2lcitytpm1201412014-006(mw) Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be treated before discharging it off-site or into it storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas shall not be connected to the District's system. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements is available on the District's website at: www.fresnofloodconti-ol.org or contact the District's Environmental Department, Daniel Rourke, for further information regarding these policies related to industrial site requirements. Development No. TPM 2014-006 Page 2 of 2 mgr\Ixn n iticxh ibit2\6ty-Ipro12014\2014-006(nnv) City of rn&- n%1 DEPARTMENT OF PUBLIC UTILITIES Date: July 17, 2015 To: NATHAN BOUVET, Planner III Development and Resource Management Department , Current Planning From: MIKEAL CHICO, Management Analyst Il Solid Waste Management Division Subject: Conditional Use Permit Application No. C-15-071 and Vesting "tentative Parcel Map No. 2014-06 have been filed by Jeff Cazaly, on behalf of Sky Park, LLC, pertaining to ±6.46 acres if property located on the north side of West Herndon Avenue between North Blythe Avenue and North Doolittle Drive, 4415 West Spaatz Avenue& APN: 501-048-01. Conditional Use Permit Application No. C-05-071 request authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space; and includes a request of authorization to establish a State of California Alcoholic Beverage Control Type 20 Alcoholic Beverage Control Type 20 alcohol license (Package Store — sale of beer and wine for consumption off the premises where sold) for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions . Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 1 1 commercial parcels within the proposed planned development. General This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Allied Waste at 559-275-1551 or 800-493-4285 . Does Proicct Affect Your A enc /Jurisdiction Yes - Project has or will be required to provide a trash enclosure. Sup-Qestions to Reduce Inxpacts/Address Concerns 3-cell trash enclosure required for restaurants. Shopping malls require 50% of enclosures to be 3-cell. Recommended Conditions ofAr)proval Enclosure shall be built in accordance with current City of Fresno Standards P-33 and P-34. Current City of Fresno Standards P-33 and P-34 attached. Provide agreements between parcel owners within this project for refuse trucks to access all trash enclosures within this project. Additional Information Location of enclosure are acceptable. Specify if the enclosure in the southwest corner of Parcel "A" is a designated trash enclosure, marked on site plan AO.2. City of FIRE DEPARTMENT DATE: October 21, 2015 TO: WILL TACKETT, Supervising Planner Development and Resource Management Department FROM. LAURIE SAWHILL, Senior Fire Prevention Inspector Li Fire Department, Community Risk Reduction Unit SUBJECT: 4415 W SPAATZ AVENUE, C-15-071 and VESTING TENTATIVE PARCEL MAP NO. 2014-06 The description of this application is as follows: Conditional Use Permit Application No. C-15-071 and Vesting Tentative Parcel Map No. 2014-06 have been filed by Jeff Cazaly, on behalf of Sky Park, LLC, pertaining to±6.46 acres if property located on the north side of West Herndon Avenue between North Blythe Avenue and North Doolittle Drive, 4415 West Spaatz Avenue &APN: 501-048-01. Conditional Use Permit Application No. C-05-071 request authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space;and includes a request of authorization to establish a State of California Alcoholic Beverage Control Type 20 Alcoholic Beverage Control Type 20 alcohol license (Package Store—sale of beer and wine for consumption off the premises where sold) for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions. Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 11 commercial parcels within the proposed planned development. The APN number for this location is:501-048-01 The Fire Department's conditions of approval include the following: Approved as submitted. Please provide a copy of this revised plan for Fire files. 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. City of "_�,� � Police Department Mariposa Mall Jerry P.Dyer P.O. Box 1271 Chief of Police Fresno,CA 93715-1271 i4=4 International lav Enbfc"N AweAladon July 8, 2015 City of Fresno, Development Department Director of Planning&Development Special Permit,Conditional Use Permit 2600 Fresno Street Fresno, California,93721-3604 Atte. Nathan Bouvet, Planning Division Re: SPECIAL PERMIT NO. C-15-071 4415 W.Spaatz Avenue Fresno,CA 93722 A.P.N. 501-048-01 Dear Mr. Bouvet, Pursuant to your Department's request, the Fresno Police Department has reviewed the special permit application for property located at 4415 W.Spaatz Avenue. The property has been zoned C-3/EA/UGM . The applicant requests authorization for the construction of an integrated shopping center within a development of commercial retail space and includes a request for authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license(Package Store-sale of beer and wine for consumption off the premises where sold)for a convenience store proposed to operate in conjunction with an Arco gas station. The Fresno Police Department's primary concern with the application is the propensity of the operations on the premises to generate calls for police service,and therefore,be detrimental to the public welfare. As you know,to approve any Conditional Use Permit, the City must make the following findings: 1. All applicable provisions of the Fresno Municipal Code are complied with and the site of the proposed use is adequate in size and shape to accommodate the use,and all yards,spaces,walls and fences,parking,loading,recycling areas, landscaping, and other required features; and, 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, Professional,Effective, Timely 3. The proposed use;will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. This third Finding shall not apply to uses which are subject to the provisions of Section 12-306.-N-39 of tlic Fresno Municipal COdC(Regulating Adult Busincsscs). 'rhe conditions are established to ensure public safety, and to minimize tiny impact to the surrounding area. If approved, this Conditional Use Permit would allow for an off-safe Type 20 ABC license. We rcgLICSt tliC following Conditions be includeel as Conditions of Approval for Conditional Use Permit Application No. C-15-071. 'rhese Conditions.will help to insure maintain all environment that is least likely to generate criminal activity, public complaints art([ police calls for service. The Fresno Police Department is not in opposition of this Conditional Use Permit, providing the applicant agrees to the listed conditions. If the following conditions are not included as conditions of-approval of CUP No. C-15-071, the Fresno Police Department shall oppose [lie approval oCthis Conditional Use Permit, and shall appeal SUCK approval to the Planning Commission. As such, we request that you provide Detective Serrano with notice of the Director's decision regarding this Conditional Use Permit as well as a complete copy of the conditions of approval,if the Director approves the Conditional Use Permit. Requested Conditions of Apgl•Uval: 1. Fresno Municipal Codcs The applicant shall comply with all applicable provisions of the Fresno Municipal Codes ("FMC"), iticluding but not limited to: FMC 9-502 (Amusement Devices - Permit Required) FMC 9-1803 (Hours of Operation of Billiard Hall) FMC 9-1804(Restriction on.Attendance of Minors in Billiard Rooms) FMC 9-1805 (Minors allowed: Family Billiard Rooms) FMC 9-1905 (Public Dancing- Permit Required) FMC 10-105 (Noise Ordinance) FMC 10-708 (Unlawful Nuisances- High Calls for Police Service) FMC 12-224(C-Mt Zone, Adult Theater activities not permitted, see 12-105-T-1.1 for definition of Adult'rheater, and 12-306-N-30 for additional limitations on Adult Business activities.) A current version of the Fresno Municipal Code may be viewed at the City of Fresno's website: www.Fresno.�ov. The link to the FMC is located on the Home Page of that website. -- 2. State and Federal Law The applicant shall comply with all applicable state and federal law, rules and regulations, Including but not limited to the following California Business and Professions Code sections and A13C rules: BP 24046 (required to Post ABC License on Premises) BP 25612.5 (Loitering, Open Alcoholic Beverage Containers, Consuming Alcoholic Beverages on Premises, Exterior Lighting, Litter Removal, Graffiti Removal, Signs and Barriers in Windows and Doors, Public Phones Blocked From Incoming Calls, Areas to Display Harmful Matter, required Copies of Operating Standards Available for Public Viewing) BP 25631 (No sale of alcoholic beverages between 2:00 a.m. and 6:00 a.m.) Bl' 25665 (Minors remaining in Public Premises) ABC Act rule 106 (No Buy One Get One Free Drinks) ABC Act Rule 107 (No One Under 21 Allowed Signs Posted) ABC Act Rule 139 (Interior Lighting Required for Identification of Patrons) 3. Video Cainera Prior to exercising any privileges granted by CUP No. C-15-071 the applicant must install a Cully functional color digital video camera system ("System")that meets the following requirements: 3.1 'File System must continuously record, store, be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The,System must be maintained in a secured location inside of the business, 3.2 Tile System shall have the correct date and time stamped onto the image at all times. 3.3 The camera storage capacity should be for at least one week(seven calendar days), Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other Means. 3.4 Digital video recorder must be capable of storing at least seven days of real-time activities, 3.5 Che System shall be capable of producing a CD or digital playback feature and may be provided to in authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only. 3.6 The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as tine customer waiting area."There should be at least one camera focused on the entrance and the camera view should clearly show an image of the color coded height tape installed on the inside of the door jamb. 3.7 There shall be a minimum of foul'(4) exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras Should be of sufficient quality to be able to identify persons and or Vehicles UtlliZnig the business parking lot. 3.S All interior cameras shall record in color, 3.9 All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism. It is recommended,but not required, that the owner/operator provide the IP address(s) to the Fresno Police Department Conumuncations Center for any system that is browser- based or viewable from a remote site. The Fresno Police Department may perforin periodic inspections of the System to ensure compliance with these specifications. An inoperable System may be food cause for seeking revocation of this Conditional Use Pernli t. 4. ABC 1:iklueation Any and all employees hired to sell alcoholic beverages shall provide evidence that they have either: 4.1 Completed training from the State of California Department of Alcoholic Beverage Control--Fresno District Office-administered"Leadership and Education in Alcohol and Drugs"(LEAD) Program as confirmed by receipt of an ABC-issued certificate of completion; or, 4.2 Completed equivalent training acceptable to the ABC-- Fresno District Office to ensure proper distribution of beer, wine, clistilled spirits, tobacco, and inhalants to ensure proper distribution of beer, wine,distilled spirits,tobacco, and inhalants to adults of legal age. If any prospective employee designated to sell alcoholic beverages, tobacco or inhalants does not c'urr'ently have such training then: 4.3 The ABC-licensed proprietors shall have confirmed with the Development- Department within 15 clays of the final approval of the CUP or within 15 days of the opening to the public of a new store, whichever is later,that a crate certain has been scheduled with the local ABC Office for said prospective employees to take the LEAD Program course; and 4.4 Within 30 clays of taking said course the employees) or responsible employer shall deliver to the Planning Department each required LEAD Program Certificate evidencing completion of said course. 51 Sale of Malt and Niue-('ouler Alcoh(stic Reverago.i 5.1 [Malt liquor of malt beverage products shall not be sold in less than six (6) pack- quantities ackquantities for sale. They Must be sold in manulaeturcr pre-packaged multi-unit quantities. This will include all sires of containers. 5.2 All wine cooler products shall not be sold in less than four(4) pack quantities for sale. They must be sold in rnamifaCturer I)re-packaged MUltl-Linit quantities. 5.3 Single Sales of any other beer product, of any sire, is permitted; G. Mlle Alcohol Per Volume No wine shall be sold with an alcoholic content greater than 24% volunic, except premium dessert wines priced at$10.00 or snore. 7. l'ostin;~ Property The applicant shall post the property with the appropriate Fresno Municipal Code signs advising that consumption of alcoholic beverages, gambling, trespassing or loitering will be in violation of municipal ordinances. The applicant Must send a letter to the Fresno Police Department,signed and dated by the applicant, every 180 days that authorizes FPD peace officers to enter the applicant's real property and/or establishment to enforce against the aforementioned activities at the business. The owners and employees are responsible for abating those activities when they occur(luring business hours. 8. Consiunption of Aleoholic Beverays. and loitering. 8.1 The establishment shall not allow alcoholic beverages to be consumed outside the building premises or any other adjacent properly under its control. No alcoholic beverage will be consumed on any properly adjacent to the promises (i.e., parking lot and sidewalks). if the alcoholic beverages are Consumed oil the exterior portion of adjacent property not owned or controlled by the applicant, the applicant shall immediately report such consumption to the Fresno Police Department, 13.2 The establishment shall not allow any loitering;on building premises or any adjacent property under its ownership of control. 8.3 The establishment shall not allow any gambling on building premises or any adjacent property under its control. 9. Property Responsibility "Frequent"responses by the Fresno Police Department arising out of or relating to the operation or management of the real property owned or controlled by the permittee causing any combination of the following: animal disturbances; violent criminal acts; illegal consumption of intoxicants in public view; gaming activities; and juvenile disturbances,or any of the other activities set forth in the Fresno Municipal Code section 10-708(g) may result in an FPD recommendation to the Director of Planning and Development to commence proceedings to revoke the Conditional Use Permit for violation of the Management of Real Property Ordinance. In addition to recommending the commencement of revocation proceedings, the FPD may pursue any of the other remedies set forth in FMC,section 10-710, including assessing tines against the proprietor for the violations of the Management of Real Property Ordinance. "Frequent"means response by the Fresno Police Department is occurring more than 1.5 times the average number of such responses(3 calls for every 2) for property of a similar size and character within the same policing district. l0. The establishment shall ensure that all employees involved, either directly or indirectly, in the sale of alcoholic beverages are aware of and comply with these conditions. 'rhe establishment shall have each employee sign a written acknowledgment that he/she has reviewed and understood each of these conditions. The written acknowledgement shall be maintained by the establishment and made available to the Fresno Police Department upon reasonable request. FRESNO POLICE DEPARTMENT �N =L€cut ant Jon Papaleo Nor west District Commander >%G Datta: cr Date: Sergeant Carl McKnight Detective Dawnielle Serrano Northwest District Supervisor Northwest District POP tOFFICL OF o kir ' r. 3m• OA A TONS TELrPI1ONC{559)233.7161 .c�ac a FAX(6G0)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93726-2208 YOUR MOST VALUABLE RESOURCE•WATFR July 27, 2015 Mr. Nathan Bouvet Ms. Joann Zuniga City of Fresno Development and Resource Management Department. 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: Conditional Use Permit Application No. C-15-071 & Vesting Tentative Parcel Map No, 2014-06 N/E Herndon & Blythe avenues FID's Radin-Kamp No. 130 Dear Mr. Bouvet and Ms, Zuniga: The Fresno Irrigation District (FID) has reviewed Conditional Use Permit Application No. C-15-071 and Vesting Tentative Parcel Map No. 2014-06 pertaining to the ±6.46 acres of property located on the north side of Herndon Avenue between Blythe Avenue and Doolittle Drive, Conditional Use Permit Application No. C-15-071 requests authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space; and, includes a request for authorization to establish a State of California Alcoholic Beverage control Type 20 alcohol license (Package Store— sale of beer and wine for consumption off the premises where sold) for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions. Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 11 commercial parcels within the proposed planned development, APN: 501-048-01. FID has the following comments: 1. FID's Radin-Kamp No. 130 runs westerly and traverses through the southern part of the subject property as Shawn on the attached FID exhibit map, FID owns the following exclusive easement and a 30" pipeline along the subject property: C:1Aganciasil-losoo Cily%CanditionaI Uso Poirnitke-15-071,doc BOARD OF P(osidonl RYAN JACOBSEN, Vico-President JERRY PRIETO JR- DIRECTORS STEVEN BALLS,GHORGr:PORTER. GREGORY BEBERIAN,Gonorel IdnnaOa GARY it.SERRATO Mr. Nathan Bouvet and Ms. JOan1T luniga Re: CUP C-15-071 &VTPM 2014-006 July 27, 2015 Page 2 of 4 a. Area of Concern: 15-feet wide easement, recorded May 13, 1963, as Document No, 38974, Book 4859, Page 465, Official Records of Fresno County. The pipeline, FID's Radin•-Kamp No. 130, consists of 30-inch diameter Concrete Pipe installed in 1963 (52 years old)_ Because the pipeline is near the end of its useful life (40 years typically), FID will require that the applicant replace the existing pipeline. In addition, this pipe could be non-reinforced monolithic pipe which could be easily damaged, is extremely prone to leakage and does not meet FID's minimum standards for developed (residential, industrial, commercial) parcels or urban areas. 2. FID requires the applicant to replace the existing pipeline across the subject parcels with new 30-inch diameter ASTM C-361 Rubber Gasket Reinforced Concrete Pipe (RGRCP) in accordance with FID standards for developed parcels and that the applicant enter into an agreement with FID for that purpose. 3. FID's current standard requires an exclusive 30•-feet wide easement for 30-inch diameter pipe, as shown in the attached FID's Standard Detail Page No. 11. Since FID already possess a 15 feet wide exclusive easement, FID will only require an additional 15 feet exclusive pipeline easement to comply with FID's current standards. The applicant shall grant the additional easement to FID. 4. The plans show the project will encroach on FID's existing easement with trees and other improvements. FID has concerns and offers several recommendations listed below. FID has experienced numerous issues with its pipelines in landscape areas, primarily due to trees and other encroachments which may damage the pipe or hinder FID access and maintenance, In recent years, the most significant issue with pipelines has been caused by tree root intrusion into pipe joints. The roots enter through the rubber gasketed joint, thus creating a non-water tight joint causing leaks. If the roots continue to grow, the roots will eventually clog the pipe and reduce the flow capacity of the pipeline. In general, this problem causes disruption to FID's customers, including the City's groundwater recharge basins, and may impact the City's stormwater routing capability (on the canals that are used to route stormwater). Significant pipeline damage often occurs by the time this problem is identified by FID and can be very costly to make the necessary repairs. Subsequent pipeline repairs can be very disruptive to adjacent property owners and public infrastructure, as well as to FID's operations. The leaking pipelines and pipeline repairs also increase the liability of all parties involved. The applicant will need to address these concerns, and FID has several suggestions (listed in order of preference). a. Keep trees away from the pipeline and pipeline easement. This would be FID's preference. The advantage is the City and FID G:1A0ancios%FfosnoCilylCondilional Use flemillC-15.075-doo Mr. Nathan BOLIVOt and Ms. Joann Zuniga Re: CIDP C-15-071 &VTPM 2014-006 July 2.7, 2015 Page 3 of 4 would have better control over encroachments as well as better access to patrol and maintain the easement. If there is a leak, the damage would be minimized. 'Trees would be located outside the FID easement. b. Install a jointless pipe (i.e. HDPE with fusion weld joints) HPDE (High-Density Polyethylene) is stronger than PVC pipe, which makes it more suitable to be placed in urban areas. In addition, the jointless design of fusion welded pipe reduces the risk of root intrusion, FID does not currently have or allow HDPE pipelines, so there will be a significant learning curve related to HDPE pipeline design, strength/longevity, and future maintenance. If the applicant chooses this alternative, all parties need to further evaluate the potential issues including long term maintenance, repair methods, materials, etc. c. Install external wrap around the pipe joint—This method involves using mastic material that can be externally applied to pipe joints to provide a permanent seal against root intrusion. FID approved this method in the City of Fresno and the City of Clovis. The product that has been approved is known as MacWrap from Mar Mac, FID is open to other products, but they would need to be reviewed and approved by FID. 5. FID requires its easements be shown on all plans with proper recording information. 6. Should the applicant propose to build any improvements within FID's easement, FID requires it review and approve all Private facilities that encroach into FID's property/easement. For all encroachment(s), the applicant will be required to enter into the appropriate agreement to be determined by FID, 7. FID requires it review and approve all improvements or overlap in easements that encroach into FID's easement. For all encroachment(s) or overlap with the City's proposed Pedestrian Easement, the City will be required to enter into a common-use agreement with FID. 8. FID requires it review, approve and be made a party to signing all improvement plans which affect its easements and pipeline facilities including but not limited to Grading and Drainage, Sewer and Water, FMFCD, Street, Landscaping, Dry Utilities, and all other utilities. 9. As with most developer projects, there will be considerable time and effort required of FID's staff to plan, coordinate, engineer, review plans, prepare GVayontio5117osnoCitylCondilionnl Une Pnrmi11C.15-071.dcc Mr. Nathan Bouvet and Ms. Joann Amiga Re: CUP C-15-011 &VTPM 2014-006 July 27, 2015 Page 4 of 4 agreements, and inspect the project. FID's cost for associated plan review will vary and will be determined at the time of the plan review. 10.The above comments are not to be construed as the only request FID will have regarding this project. FID will make additional comments and requests as necessary as the project progresses and more detail becomes available. 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 Sen Saetern at(559) 233-7161 extension 7406 or ssaotern@fresnoirrigation.com. Sincerely, l � Laurence Kimura, P.E. Chief Engineer—Special Projects Attachment 1 i I 0;:AgeneiesTroanoCily%Condillonal Use PermIAC-16-071.doo 2 % R / . ml: q � ¥ #ul AA*a § \ \ ' & &ImA11 ± . - . ■ " � ® | | � ! ! O"(1-:1d NV e § AAp N11838 ƒ ] \ 0 , % w f | | U. \ w $ | \ \ � u�o m 2 \omRnue ) / 2 CL G Q 2 | \ wz \ $ | . ��aP�AI � . . . _ # 2 ) . , ! | co - } | 31 L111000 z E l� N� | • ! . + k 2 � c2 B ■ Q � | % � 0e ] ■ ! e ■ O.S RI ,� B ' . © m »27 / | \ L I . k�Lo \|§k E ® • •. |! z �) d Lu � 0 - - • , - - - - = / i�|q § 3HLAIG ' Nm¥ R1& e ¥ *� 2 �Nilw CL obi 3H11VY 5 ® & $ $e § \ ° #` � } 1 ¥i �3 § § §■ § A-LV)4 LU �! | UJI y d \ $ A w 2 § , Acton Nv me IS + , + + + % 2 Am�m ■ � STANDARD EASIs1b ENT WII9THS FOR OPEN CANALS AND PIPELINES EXHIBIT 1101 PIPELINP FAS><'EENT WID`t'ITS The followhip, shall be use([ by staff in the determination and acquisition of new pipeline: easetllemt Widths: Type of Pipe Easement Width for Easement Width for Easement Width for u Dia. <24" LD. 24" <Dia. <36" I.D. 36"I.D. <Dia. PVC(SDR41,PIP) 20 feet N/A N/A RGRCI'(C-361) 20 feet 30 feet t 40 feet CIP(ACI 346) N/A 30 feet 40 feet Min. Width Adjacent 15 15 20 to Rigllt-of Way Where the pipeline easement will be contiguous and parallel to a joint use right-of-way such as a "local" public street right-of-way or a "rural" road with a right-of-way 60 feet or less, the required easement may be reduced if the street maintaining agency allows the District to perform maintenance using a portion of the road right-of-way. Oil any street or rural road where curbsicle parking will be permitted by the street maintaining agency,the easement width may be reduced. The easement width may not be reduced for controlled access streets designated as freeways, expressways,super arterials,arterials,collectors,oi-landscaped drives. No easement reduction will permitted adjacent to turn lanes or bus stops or other locations posted to prohibit stopping or parking without special provision for maintenance access. Written evidence may be required from the street maintaining agency showing that the predetermined easement width reduction can be satisfied. Where public utility casements or landscape easements will overlap the District's pipeline easement, regardless of pipeline diameter, the required pipeline easement width shall be increased as necessary so that fitly percent (50%) of the required easement width is free from overlapping utilities. The District may waive this easement requirement for landscape easements if the District can be assured the landscaping will not impact the pipeline. REV. 11/3/06 FRESNO IRRIGATION DISTRICT ENGINEERING 14ANDBOOK PAGE NO. 11 I San Joaquin Valley 2; or AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING July 23, 2015 Joann Zuniga City of Fresno Planning & Development 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Project: C-15-071 & TPM-2014-06 (Sierra Sky Park Shopping Center) District CEQA Reference No: 20150591 Dear Ms. Zuniga: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of authorization for the construction of an integrated shopping center comprised of approximately 52,055 square feet of "total" commercial space and includes 3,600 square feet convenience store proposed to operate in conjunction with an Arco gas station with sixteen (16) fueling positions. The District offers the following comments: 1. The CEQA referral submitted to the District does not provide sufficient information to allow the District to assess the project's potential impact on air quality. Referral documents should include a project summary detailing, at a minimum, the land use designation, project size, and proximity to sensitive receptors and existing emission sources. 2. The proposed project would be subject to District Rule 9510 (Indirect Source Review) if upoiI lull build-out the project would include any one of the following: 0 2,000 square feet of commercial space; • 25,000 square feet of light industrial space; • 100,000 square feet of heavy industrial space; • 20,000 square feet of medical office space; • 39,000 square feet of general office space • 9,000 square feet of educational space; • 10,000 square feet of government space; or 20,000 square feet of recreational space. Seyed Sadredin Execulive.Uireclor!Air Pollution Control Officer Northern Region Central Region(Main Office) Southern Region 4800 Enlrrpris:Way 1990 E-fieltyshurg Avenue 31946 Flyover Courl hlodeslo,CA 95356-9118 Fresno,CA 93726.0244 Rakerslield,CA 93308 9125 fid:120cil 507 0400 FAX:(709)557 6,415 kl:(559)2:30 6000 FAX:1.5H1 230 5061 10:661 392 5500 FAX-001 392 5585 ,.,;vwr.-;alleya r.wy wwv:.healthyairliving corn Distnct CEQA Rererence No:20150591 District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: httry://www.valleyair.or..q/ISR/ISRHotne.htm. 3. Particulate Matter 2,5 microns or less in size (PM2.5) from under-fired charbroilers (UFCs) pose immediate health risk. Since the cooking of meat can release carcinogenic PM2,5 species like polycyclic aromatic hydrocarbons (PAH), controlling emissions from under-fired charbroilers will have a substantial positive impact on public health. Charbroiling emissions occur in populated areas, near schools and residential neighborhoods, resulting in high exposure levels for sensitive Valley residents. The air quality impacts on neighborhoods near restaurants with UFCs can be significant on days when meteorological conditions are stable, when dispersion is limited and emissions are trapped near the surface within the surrounding neighborhoods. This potential for neighborhood-level concentration of emissions during evening or multi-day stagnation events raises environmental concerns. In addition, the cooking emissions source category is one of the largest single contributors of directly emitted PM2.5 in the Valley. Photochemical modeling conducted for the 2012 PM2.5 Plan showed that reducing commercial charbroiling emissions is critical to achieving PM2,5 attainment in the Valley. The District will amend Rule 4692 (Commercial Charbroiling) in 2016, with a 2017 compliance date, to add emission control requirements for UFCs, as committed to in the District's 2012 PM2.5 Plan. Installing charbroiler emissions control systems during construction of new facilities is likely to result in substantial economic benefit compared to costly retrofitting. Therefore, the District strongly recommends that your agency require new restaurants that will operate UFCs to install emission control systems during the construction phase. To ease the financial burden for Valley businesses that wish to install control equipment before it is required, the District will offer incentive funding during the time leading up to the 2016 amendment. Restaurants with UFCs may be eligible to apply for funding to add emission control systems. Please contact the District at (559) 230- 5858 for more information. 4 The proposed project may be subject to District Rules and Regulations, including: Regulation Vlll (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 District CGQA Reforenco No:20150591 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1 ruleslist.htm. If you have any questions or require further information, please call Debbie ,Johnson at (559) 230-5817. Sincerely, Arnaud Marjollet Director of Permit Services C1 c. Chay Thao Program Manager AM: dj co County of Fresno DEPARTMENT OF PUBLIC HEALTH ° s 56 a DAVID POMAVgLLE, DIRECTOR FRCS July 2, 2015 L.00018099 Nathan Bouvet 2602 Development& Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Bouvet: PROJECT NUMBER: TPM 2014-06, C-15-071 Conditional Use Permit Application No. C-15-071 and Vesting Tentative Parcel Map No. 2014-06 have been filed by Jeff Cazaly, on behalf of Sky Park, LLC, pertaining to±6.46 acres of property located on the north side of West Herndon Avenue between North Blythe Avenue and North Doolittle Drive. Conditional Use Permit Application No. C-05-071 requests authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space; and includes a request for authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store -sale of beer-and wine for consumption off the premises where sold)for an approximately 3,600 square-foot convenience store proposed to operate in conjunction with an Arco gas station with 16 fueling positions. Vesting Tentative Parcel Map No. 2014-06 proposes to subdivide the subject property for purposes of creating 11 commercial parcels within the proposed planned development. APN: 501-048-01 ZONING: C-3/EA/UGM ADDRESS: 4415 West Spaatz Avenue Comments: • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area shall be properly destroyed by an appropriately licensed contractor. Prior to destruction of agricultural wells, a sample of the upper most fluid in the water well column should be sampled for lubricating oil. The presence of oil staining around the water well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from the well must be handled in accordance with federal, state and local government requirements. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559)600-3271 for more information. • The proposed construction project has the potential to expose nearby residents to additional elevated noise levels. Consideration should be given to your City's municipal code. Promotion,preservation and protection of the community's health 1221 Fulton Mall/P.O. Box 11867/ Fresno,California 93775/Phone(559) 600-3271/FAX(559)455-4646 Email: EnvironmentalHealth@co.fresno,ca.us•:-www.co.fresno.ca.us❖ www.fcdph.org Equal Employment Opportunity•:•Affirmative Action•:•Disabled Employer Nathan Bouvet July 2, 2015 TPM 2014-06 & C-15-071 Page 2 of 3 • The applicant, or any tenant leasing space, should be advised that construction and operating permits may be required by the State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at (559) 445-5323 for more information. • Facilities proposing to use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan (https://www.fresnocupa.com/or http://cers.calepa.ca.gov/). The default State reporting thresholds that apply are: >55 gallons (liquids), >500 pounds (solids), >200 cubic feet(gases), or at the threshold planning quantity for extremely hazardous substances. Contact the Certified Unified Program Agency at (559) 600-3271 for more information. Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. The applicant should be advised of the State of California Public Resources Code, Division 30; Waste Management, Chapter 16; Waste Tire Facilities and Chapter 19; Waste Tire Haulers,which may require the Owner/Operator to obtain a permit from the California Department of Resources Recycling and Recovery (CalRecycle). Contact CalRecycle, Tire Unit Permit Branch at(866) 896-0600 for additional information. • Should a body art facility(i.e. tattoo, piercing, branding or permanent cosmetics facility) be proposed, prior to issuance of building permits, the tenant shall submit complete body art facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Body Art Program at (559) 600-3357 for more information. REVIEWED BY: QgiuN,s9n M by Nevin IwQi 1?AI,end ern AIy1►n•row., Kevin Tsuda =="Or�%1rM ertul=Nlxde.'Aculrtvp cs�s,c-VS D31c.7015070311:1131 D70D' Kevin Tsuda, R.E.H.S. Environmental Health Specialist II (559) 600-3271 kt cc: Casagrande, Tolzmann, Rogers, & Bains- Environmental Health Division (CT 42.08) Jeff Cazaly, Applicant 'eff Icazal consultin .com) BOARD OF EDUCA T ION _7Lindsay Cal Johnson,President Christopher De La Cerda,Clerk Brooke Ashjian LAIN A.Chavez Valerie F.Davis Carol Mills,J.D. Facilities Management Sc Planning Janet Ryan Preparlikq Career Ready Graduates SUPERINTENDENT Michael E.Hanson July 2,2015 Nathan Bouvet Development and Resource Management City of Fresno 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 SUBJECT: CONDITIONAL USE PERMIT NO. C-15-071-ABCUP REVIEW OF VESTING TENTATIVE PARCEL MAP NO. 2014-06 4415 W.SPAA"avZ AVE. APN: 501-048-01 Dear Mr.Bouvet, In response to your request for review and comment on Vesting Tentative Parcel Map No. 2014-06 and Conditional Use Permit Application No. C-15-071, Fresno Unified School District submits the following. Conditional Use Permit No. C-15-071 requests authorization for the construction of an integrated shopping center within a planned development comprised of approximately 52,055 square feet of total commercial retail space to be located at 4415 West Spaatz Avenue. An approximate 3,600 square-foot convenience store to operate in conjunction with an Arco gas station is also proposed and is requesting an ABC alcohol license. Any urban commercial 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 partially 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 S13 50's Level 1, 2 and 3 developer fee legislative provisions. The proposed convenience store is requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 (Package Store —sale of beer and wine for consumption off the premises where sold) alcohol license. It is located within approximately 4,140 feet from Figarden Elementary School. As per the State of California's Alcohol Beverage Control Act,an alcohol license can be refused by the State if the location is "within at least 600 feet from schools," The District has concerns regarding potentially dangerous interaction between our students and the proposed operation. FUSD's response 1309 Tulare Street Fresno,CA 93721-2287 nrg Conditional Use Permit Application C-15-071 and Vesting Tentative Parcel Map No. 2014-06, page 2 on this project is subject to the Alcohol Beverage Control Act and the Fresno Police Department's review and support of the project with regard to the concentration and use of alcohol-related business in close proximity to school sites. Any new development on the property is subject to development fees of$0.54 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. Thank you for the opportunity to comment. Please contact our office at 457-3074 if you have any questions or require additional information regarding our comments. Sincerely, 4. r.. . ; E Alex Belanger.Assigtant Superintendent Facilities Management and Planning AB:hh