NOTICE OF EXEMPTION
FROM: City of Fresno Planning and Development Dept.
2600 Fresno Street
Fresno, California 93721-3604
TO: X Fresno County Clerk
2220 Tulare Street – First Floor Lobby
Fresno, California 93721
Office of Planning & Research
P.O. Box 3044, Room 212
Sacramento, California 95812-3044
Project Title: Development Permit Application No. P23-01843 Project Location: 729 East Divisadero Street; Located on the north side of East Divisadero Street, between Broadway Street and North Yosemite Avenue. (APN: 459-304-01)
Project Location – City: City of Fresno Project Location – County: County of Fresno
Description of Nature, Purpose, and Beneficiaries of Project:
Scarab Creative Arts proposes construction of a 6-foot wrought iron perimeter fence around an existing site and elimination of the southern drive approach on East Divisadero Street.
Beneficiaries of The Project Would Be: James Margaret Courtis of Scarab Creative Arts P.O. Box 573
Fowler, CA. 93625
Name of Public Agency Approving Project: City of Fresno Name of Person or Agency Carrying Out Project: Scarab Creative Arts Exempt Status: (check one)
Ministerial - PRC § 21080(b)(1); CEQA Guidelines §15268 Declared Emergency - PRC § 21080(b)(3); CEQA Guidelines §15269(a) Emergency Project - PRC § 21080(b)(4); CEQA Guidelines §15269(b) and (c) Categorical Exemption – CEQA Guidelines 15303/Class 3
Statutory Exemption – PRC §______________________
Other _____________________
Reason(s) Why Project Is Exempt:
This project is categorically exempt under Section 15303/Class 3 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines as follows:
Notice of Exemption
Date: June 13, 2024
Under Section 15303/Class 3, the proposed project is exempt from CEQA requirements when the project is characterized as new construction or conversion of small structures meeting the following condition:
e.) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
The proposed construction of the 6- foot wrought iron perimeter fence is classified as an accessory structure Under Section 15303/Class 3 and is, therefore, exempt from CEQA requirements.
The project has met the described conditions to be characterized as new construction and is therefore categorically exempt pursuant to Section 15303/Class 3.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a signifi cant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
Lead Agency Contact Person: Valeria Ramirez Telephone No. (559) 621-8046
Signature:
Valeria Ramirez Date: June 13, 2024
Printed Name and Title:
Valeria Ramirez, Planner II
City of Fresno Planning and Development Department
Signed by Lead Agency Signed by Applicant
Enclosed:
Site Location Vicinity Map
Categorical Exemption Memo
Notice of Exemption
Date: June 13, 2024
VICINITY MAP
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CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. P23-01843
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: James Courtis
Scarab Creative Arts
PO Box 573
Fowler, CA 93625
PROJECT LOCATION: 729 East Divisadero Street; Located on the northeast corner of Broadway and East Divisadero Street (APN: 459-304-01)
PROJECT DESCRIPTION:
Development Permit Application No. P23 -01843 was filed by James Courtis and pertains to approximately 0.39 acres of property located at 729 East Divisadero Street. The applicant proposes a new 6- foot wrought-iron fence along the north, east, and southern property lines.
The proposed location of the fence requires a vacation of approximately 858 square f eet of right-of-way along Broadway. The subject property is zoned NMX (Neighborhood Mixed-Use).
This project is exempt under Section 15303/Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
Section 15303/Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only min or modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
This project proposes construction of a 6- foot-tall wrought iron fence around the perimeter of an existing developed site. The proposed location of the 6-foot wrought iron fence requires approximately 858 square feet of right-of-way vacation along Broadway.
The proposed construction of the wrought iron fence is permitted in the Neighborhood Mixed-Use district. Therefore, it is staff’s determination that this falls within the limits of the Class 3 Categorical Exemption.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, as the subject site is a developed property in an urbanized commercial area, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project.
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Date: June 13, 2024
Submitted by:
Robert Holt
Supervising Planner
City of Fresno
Planning and Development
Department
(559) 621-8056
PUBLIC WORKS DEPARTMENT
City Hall Scott L. Mozier
2600 Fresno Street, 4th Floor Public Works Director Fresno, California 93721
Ph. (559) 621-8650 FAX (559) 488-1045
www.fresno.gov
February 7, 2024
James Courtis
Scarab Creative Arts
873 E. Aretha Ave.
Fowler, CA
SUBJECT: PROPOSED VACATION OF THE NORTHEASTERLY 3.00 FEET OF NORTH BROADWAY AVENUE ADJACENT TO 729 EAST DIVISADERO STREET, ASSOCIATED WITH SITE PLAN NUMBER P23-01843.
The vacation feasibility study you requested has been c ompleted. Findings indicate the vacation proposal is feasible subject to the following conditions:
1. FMFCD has the following comment “The proposed vacation area lies within the District’s Drainage Area “RR”. There are no existing or proposed Master Plan facilities within the proposed vacation area as shown on the map that was provided with this request. The District requires that the Master Plan drainage patterns remain as designed for the proposed vacation area. Please contact Mark Will at (559) 456-3292.
A processing fee in the amount of $1,555.00 is required to cover the cost of administration and legal notices prior to continuing this process for City Council actio n. An E nvironmental Assessment (EA) for the entire project that accurately addresses the vacation is required to proceed with the vacation. If you do not have one, the EA application and fee should be submitted to the City of Fresno’s Planning and Development Department . The planner for the project can provide you with further information about the environmental assessment. Once the EA has been completed, please provide a copy to us.
For your information, the City of Fresno has only an easement interest in the subject area and the City has no legal authority to make a determination as to what portion of the underlying fee title to the vacated area may be added to adjacent properties.
The study done for this proposed vacation will expire in one year. Therefore, please notify this office by February 8, 2025, of your intention regarding the pursuit of this vacation.
Please contact me at 621-8681 or by email at [email protected] if you have any
questions.
Sincerely
Jason A. Camit, PLS
Chief Surveyor
P.W. File No. 13357