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HomeMy WebLinkAboutPM 2007-32 - Conditions of Approval - Revised - 12/8/2016 NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act (SMA), Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this tentative map. In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. Upon conditional approval of Revised Vesting Tentative Parcel Map No. 2007-32, dated November 01, 2016, the subdivider may prepare a Final Parcel Map in accordance with the approved tentative map. Note that a final 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 final 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 final map, together with a copy of Section §66436(a)(3)(A) of the SMA, to any public entity or public utility which has previously acquired a right-of-way easement. LEGAL STATUS OF SITE TO BE SUBDIVIDED The parcel map site is situated in the City of Fresno, County of Fresno, State of California, and was legally created as: Parcel 1: Lots 1 and 2 of Glen Park Tract, according to the Map thereof recorded in Book 2, Page 49, Record of Survey; Excepting therefrom the south 198 feet thereof, Also Excepting therefrom said Lot 1 the west 10 feet thereof; CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JUNE 16, 2008 REVISED JULY 21, 2010 REVISED OCTOBER 12, 2011 REVISED DECEMBER 08, 2016 VESTING TENTATIVE PARCEL MAP NO. 2007-32 Southeast corner of the intersection of South Fowler Avenue and East Kings Canyon Road Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 2 Also Excepting therefrom said Lot 1 the westerly 160 feet of the northerly 173 feet thereof, (except the westerly 10 feet thereof which was granted to County of Fresno by Deed recorded March 12, 1958 in Book 4041 Page 350, of Official records, as Document No. 17613). Parcel 2: The west 200 feet of Lot 3 of Glen Park Tract, in the County of Fresno, State of California, according to the Map thereof recorded in Book 2, Page 49, of Record of Surveys, Fresno County Records. Excepting therefrom the south 198 feet thereof. APN(s): 313-210-02 & 19 PLAN CONSISTENCY 1. The subject site is located within the jurisdiction of the 2025 Fresno General Plan and Roosevelt Community Plan. Both plans designate the parcel map for development with Neighborhood Commercial planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans the existing C-1 (Neighborhood Shopping Center) zone district is consistent with the Community Commercial planned land use designations for the subject property. ZONING 2. Comply with the provisions of the State of California Government Code Sections §66410 - §66499.58 of the SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real Property). 3. Proposed Parcels “A” through “”E”, inclusive of Vesting Tentative Parcel Map No. 2007-32 are consistent with the existing C-1 (Neighborhood Shopping Center) zone district with the following exceptions: a) Proposed Parcels “A,” “B,” “C” & “F” of Vesting Tentative Parcel Map No. 2007-32 dated March 14, 2008 do not meet the minimum lot dimension requirements of the C-1 (Neighborhood Shopping Center) zone district in terms of lot depth. The property development standards of the C-1 zone district require that each lot shall have a minimum depth of one hundred fifty (150) feet. i) The lot lines proposed to be created by Vesting Tentative Parcel Map No. 2007-32 shall be adjusted to meet the minimum 150-foot lot depth requirement of the C-1 (Neighborhood Shopping Center) zone district. The tentative parcel map shall be revised to meet the minimum lot depth requirements, as listed above, and shall be resubmitted to the Planning and Development Department for review and approval Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 3 prior to filing the Parcel Map (final); or, the Vesting Tentative Parcel Map shall be labeled as “A Planned Development.” b) The lot lines proposed to be created for Parcels “C” & “D” & “E” of Revised Vesting Tentative Parcel Map No. 2007-32 do not meet the standards of Fresno Municipal Code Section 12-1011(f)(5) , which requires that the side lot lines of any lot, so far as is practicable, shall be at right angles to the street which the lot faces, or radial if the street is curved. i) The lot lines proposed to be created by Vesting Tentative Parcel Map No. 2007-32 shall be reconfigured to meet the standards of the Fresno Municipal Code Section 12-1011(f)(5). The tentative parcel map shall be revised to meet the standards of the FMC, as listed above, and shall be resubmitted to the Planning and Development Department for review and approval prior to filing the Parcel Map (final); or, the Vesting Tentative Parcel Map shall be labeled as “A Planned Development.” 4. Whenever a subdivision, includes area under common ownership and/or use, the use, maintenance, and operation thereof shall be administered by an owner’s association regulated by covenants, conditions, and restrictions (CC&R’s). a) Submit draft copies of Covenants, Conditions and Restrictions/Owners Association documents (CC&R’s) for review and approval. Final, executed and notarized documents shall be recorded with the parcel map. CC&R’s are intended to satisfy and secure the enforceability of properties’ obligations for retention and maintenance of access, utilities, facilities, and improvements; and, shall, at a minimum, address the following: i) Cross Access for ingress/egress and emergency access to buildings ii) Cross Drainage iii) Shared Parking iv) Shared solid waste facilities v) Maintenance of sewer, water and all other utilities vi) Maintenance of all landscaping within the limits of the map vii) Maintenance and retention of fire suppression systems and underground water supplies viii) Temporary ponding basins/facilities (if required and/or proposed) ix) Design and development standards for a unified development • NOTE: Any amendment by the association to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. GENERAL CONDITIONS 5. Any existing and/or proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. The placement of a parcel line in close proximity to any existing and/or proposed structure(s) requires that the structure(s) be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 4 a) Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to recordation of the Parcel Map. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. • NOTE: In the event the structures do not comply they must be modified so as to meet the requirement. 6. All off-site and public improvements shall be constructed in accordance with the Public Works Department Standards, Specifications and Policies. Engineered construction plans and estimates for all or part of the required work shall be required prior to the issuance of Street Work Permits unless otherwise determined by the City Engineer. The cost for such plan preparation, review and construction inspection shall be at the subdivider’s expense. 7. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants, poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction with the construction of these off-site improvement requirements, shall be the responsibility and at the expense of the subdivider. 8. All existing overhead utilities, including but not limited to, electrical systems, communication systems and street lighting systems shall be placed underground in accordance with the provisions of Section 12-1011 and Resolution No. 78-522/88-229, and the policies of the Public Works Department. 9. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type, location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 10. Sidewalks (including wheelchair ramp landings) and driveway approaches, for undeveloped parcels of this parcel map, shall be required and constructed at the time of site development. a) Curb ramps are required at all corners within the limits of this parcel map. 11. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in 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. 12. Telephone, cable, and other public utilities which propose above-ground facilities (such as cabinets) determined by the Planning and Development Director to be oversized shall be located in an additional easement area outside of the required landscape strip. 13. All work and engineered plans for public improvements shall conform to the 2002 Edition of Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 5 the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution Nos. 84-361) and any amendments thereto, hereinafter referred to as the Public Works Standards. 14. The subdivider shall dedicate and construct public easements to facilitate the construction of curbs, gutters, sidewalks with street tree wells and irrigation systems (when applicable), permanent pavement, street/safety lighting, bus bays, right turn lanes, bike lanes, bike paths, multi-purpose trail, wheelchair ramps and public utilities in accordance with City plans, ordinances, resolutions and policies, and the Standard Specifications of the Public Works Department within the limits of the parcel map. 15. Existing improvements that are not to the planned alignment shall be removed and required improvements installed to the new street alignment and grade. Existing improvements to remain in place shall be repaired if determined to be damaged and/or off grade by the City Engineer. Existing driveway approaches not identified for current or future utilization shall be removed and sidewalk (when applicable), curb and gutter shall be installed to match existing or proposed street line and grade as determined by the City Engineer. 16. A minimum four foot wide clear path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code as determined by the City Engineer. An on-site pedestrian easement and construction of a path may be required if Title 24 provisions cannot be met within the public rights-of-way. All such public easements shall be identified and dedicated with the processing and recordation of the Final Parcel Map and/or at the time of Special Permit review for the proposed development of the parcel(s). 17. All required signing and striping shall be installed and paid for by the developer/owner. The signing and striping plans shall comply with the current Caltrans standards and shall be submitted to the Public Works Department for review and approval as a part of the street improvement plans for this tentative map. 18. Additional off-site improvements will be required at the time of future site plan review. 19. The subdivider may either construct or install the required improvements, when required; or, enter into a bonded secured agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the approval of the final parcel map. SPECIFIC CONDITIONS STREET NAMES 20. The following street names shall be corrected on the parcel map: Street Name Status Required Change East Kings Canyon Avenue Change East Kings Canyon Road Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 6 North Fowler Avenue Change South Fowler Avenue STREETS AND RIGHTS-OF-WAY 21. Comply with all of the conditions of the Public Works Department, Engineering Division memorandum dated March 25, 2008. 22. This map is incomplete. Provide the following information to the satisfaction of the Public Works Department, Engineering Division prior to recordation of the Parcel Map: a) Identify all existing and proposed dedications. Provide a dimension from the section and center lines to the existing and proposed property lines. b) Identify and dimension center and section lines in accordance to the OPL and the approved GAD. c) Identify and dimension proposed curb alignment. Include right-turn pocket onto site from East Kings Canyon Road frontage. MAJOR STREETS: South Fowler Avenue (Arterial): 23. Dedicate 57’ to 47’ of property, measured from Section Line, for public street purposes within the limits of this map to meet the City of Fresno’s Arterial Standards. 24. Construct concrete curb and gutter, built to an 10-foot pattern, in accordance with Public Works Standard P-5 and P-69. 25. Construct 20 feet of permanent asphalt concrete paving, from face of curb, in accordance with Public Works Standard P-50. 26. Construct an underground street lighting system (one light) in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. East Kings Canyon Road (Arterial): 27. Dedicate 53’ to 61’ of property, measured from Centerline, for public street purposes within the limits of this map to meet the City of Fresno’s Arterial Standards and approved GAD. Centerline shall be established per County Precise Plan Line No. 47. See Exhibit “D”. 28. Construct concrete curb and gutter, match existing 12-foot pattern and transition to a 10-foot pattern, in accordance with Public Works Standard P-5 and P-69. 29. Construct 20 feet of permanent asphalt concrete paving, from face of curb, in accordance Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 7 with Public Works Standard P-50. 30. Construct an underground street lighting system (four lights) in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. TRAFFIC IMPACT STUDY: 31. All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study (TIS), as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. • NOTE: The proposed development will generate a total of 84 a.m. / 313 p.m. peak hour trips and generate a count of 3,584 Average Daily Trips (A.D.T.) based upon the development of the subject property in accordance with Conditional Use Permit Application No. C-06-085. • NOTE: A Traffic Impact Study has been submitted. The TIS prepared for Conditional Use Permit Application No. C-06-085 (retail shopping center proposed for development on the subject property,) will be utilized for this purpose. The mitigation requirements identified by the Traffic Engineering Manager in the attached memorandum dated September 25, 32007 have been incorporated within the conditions of approval for Conditional Use Permit Application No. C-06-085 and will be required at the time of development of the subject property. No identified mitigation measures are required to be satisfied prior to recordation of the Parcel Map. SANITARY SEWER SERVICE Sanitary Sewer Requirements: The nearest sanitary sewer mains to serve the proposed project is an 8-inch sanitary sewer main located in South Fowler Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 32. No sanitary sewer connections shall be allowed to the existing 18-inch sanitary sewer main located in East Kings Canyon Road or the existing 36-inch sanitary sewer main located in South Fowler Avenue. 33. On-site sanitary sewer facilities shall be private. 34. Separate sewer house branches are required for each lot created. 35. Abandon all existing on-site private sanitary septic systems. 36. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated January 02, 2008. Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 8 Sanitary Sewer Fees: 37. The following Sewer Connection Charges are due and shall be paid for the Project: a) Sewer Lateral Charge b) Oversize Sewer Charge c) Oversize Sewer Area: Fowler d) Trunk Sewer Charge WATER SERVICE The following conditions are required to provide water service to the development: 38. Abandon the existing 6-inch water main in South Fowler Avenue from East Kings Canyon Road to East Montecito Avenue. In replacement, construct a 14-inch transmission grid water main (including installation of City fire hydrants) in South Fowler Avenue from East Kings Canyon Road south to East Montecito Avenue. City will reimburse the costs associated with the 14-inch water main through a separate agreement. 39. Separate water services with meters shall be provided to each parcel. 40. Seal and abandon existing on-site well(s) 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. 41. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 42. All on-site water supply facilities shall be private. 43. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated December 21, 2007; except as modified herein above. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) 44. 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 January 14, 2008. 45. Any temporary basin constructed for or used by this subdivision requires approval of FMFCD and the City of Fresno, and may only be implemented through a covenant between the City and the Developer prior to parcel map approval. Temporary basins shall be fenced within seven days of the time a basin becomes operational, and fencing shall conform to City of Fresno Public Works Standard No. P-45. The Fresno Mosquito and Abatement District shall Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 9 be provided access rights and a means of entry for inspection and mosquito abatement activities for all on-site basins (refer to attached map of mosquito abatement districts in the Fresno-Clovis Metropolitan Area). Attached hereto, and incorporated by reference, is a copy of the updated Public Works Standard No. P-62 for temporary on-site ponding basins, and a copy of the City of Fresno's Guidelines for Ponding Basin / Pond Construction and Management, dated October 29, 2004. Maintenance of temporary ponding basins shall be the responsibility of the required owner’s association until permanent service for the entire subdivision is provided. DEPARTMENT OF PUBLIC WORKS - SPECIAL DISTRICTS/PROJECTS AND RIGHTS-OF-WAY 46. Comply with all of the requirements of the attached memorandum from the Department of Public Works, Parks Supervisor January 02, 2008. COUNTY OF FRESNO 47. The following plans, along with the appropriate forms (see attached), shall be submitted to the County of Fresno, Road Maintenance and Operations Division for review and approval. The engineer must comply with the attached lists in order for the County of Fresno to consider any submittals complete and suitable for comment. a) Grading and drainage plans for the project as it affects the common boundary on the south side of the subject property. b) Road improvement or underground infrastructure / utility extension plans in County right- of-way on South Fowler Avenue and East Kings Canyon Road. c) Proposed access points to South Fowler Avenue and East Kings Canyon Road. d) Striping and signal plans for the intersection of South Fowler Avenue and East Kings Canyon Road and/or legs of the intersection. • NOTE: A grading voucher and encroachment permit will be required from the project engineer/developer/contractor. Issuance of both the voucher and encroachment permit by the County will require that all plan check and permitting fees be paid. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control District FEE / RATE Metropolitan Flood Control District Fee $9,829.00 SEWER CONNECTION CHARGES FEE RATE Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 10 a. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) b. Oversize Charge $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge S.T.E.P. Service Area: Fowler d. Wastewater Facilities Charge S.T.E.P. e. Fowler Trunk Sewer Interim Fee Surety N/A f. House Branch Sewer Charge♥ N/A WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charge $6.50/lineal foot i. Transmission Grid Main Charge $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond $243.00/gross acre Debt Service Charge  (parcels 5 gross acres or more) k. UGM Water Supply Fee♥ N/A Service Area: l. Well Head Treatment Fee♥ N/A Service Area: m. Recharge Fee♥ N/A Service Area: n. 1994 Bond Debt Service N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee‡ Commercial $236.00/1000 sq. ft. † Revised Conditions of Approval Vesting Tentative Parcel Map No. 2007-32 December 08, 2016 Page 11 p. Park Facility Impact Fee‡ N/A q. Quimby Parkland Dedication Fee♥ N/A r. Citywide Locally Significant Street Charge♣ Commercial Retail $12,030.00/adj. acre Commercial Office $12,030.00/adj. acre s. New Growth Area Major Street Charge♣ N/A t. Police Facilities Impact Fee‡ $665.00/1000 sq. ft † u. Traffic Signal Charge $45.98/ADT † Notes: * 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).  Due at time of development  Deferrable through Fee Deferral Covenant. ♥ Due at time of subdivision. ‡ Due at occupancy. † 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.