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Exhibit K - Conditions of Approval for Planned Development Permit Application No. P23-03735 [4-2-2025]

Fresno City Council
May 22, 2025

Document
Exhibit K - Conditions of Approval for Planned Development Permit Application No. P23-03735 [4-2-2025]
Meeting
May 22, 2025
Body
Fresno City Council
Pages
6
Original file
192 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit K

PART A - PROJECT INFORMATION

1. Job Address: Vesting Tentative Tract Map No. 6441

2. Street Location: Located on the on the south side of East Belmont Avenue, between North Armstrong and North Temperance Avenues.

3. Planned Land Use: Medium Density Residential

4. Plan Areas: Fresno General Plan and Rosevelt Community Plan

5. Project Description: Planned Development Permit Application No. P23-03735 proposes to modify property development standards including reduced minimum lot size , front yard, street side, rear, and garage from primary façade setbacks, and increased maximum lot coverage for Vesting Tentative Tract Map No.6441.

NOTICE TO PROJECT APPLICANT

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.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

PART B - GENERAL CONDITIONS AND REQUIREMENTS

The City of Fresno Planning Commission, on April 2, 2025, approved the special permit application subject to the enclosed list of conditions and Exhibit A-1 dated June 26, 2023, for Planned Development Permit Application No. P23-03735.

CITY OF FRESNO

PLANNING AND DEVELOPMENT DEPARTMENT

CONDITIONS OF APPROVAL
APRIL 2, 2025
PLANNED DEVELOPMENT PERMIT APPLICATION NO. P23-03735
“A PLANNED DEVELOPMENT”

Conditions of Approval
Planned Development Permit Application No. P23-03735
April 2, 2025

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IMPORTANT: PLEASE READ CAREFULLY

Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to the Fresno Municipal Code can be made.

Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject pr operty and the proposed development including, but not limited to, the following:

1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property;

2. All public and private easements, rights -of-way and any actual or potential prescriptive easements or uses of the subject property; and,

3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.

Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revi sed special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permi t or any other enforcement remedy available under the law.

The Planning and Development Department shall not assume responsibility for any Conditions of Approval
Planned Development Permit Application No. P23-03735
April 2, 2025

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deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.)

No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.)

Transfer all red line notes, etc., shown on the original Planned Development site plan exhibits (dated June 26, 2023) to the final site plan. CORRECTIONS SHALL INCLUDE ALL

THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.

Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits.

The final approved site plan must also include all corrections identified in the plan check process.

Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy.

Please contact Juan Lara at (559) 621-8039 or via e-mail at [email protected] for final sign-off for building permits.

PART C - 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, for which this review process is dependent, will be imposed whenever such conditions are disclosed.

Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Angela Reis at (559) 621 -8650 / [email protected] of the City of Fresno Public Works Department, Engineering Division, Land Planning.

STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS

a) Exhibit A-1 is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mailboxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights -of- way.

b) Deed documents for the required property dedications shall be prepared by the Conditions of Approval
Planned Development Permit Application No. P23-03735
April 2, 2025

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applicant’s engineer and submitted to the Public Works Department, Engineering Division, Special Districts/Projects and Right -of-Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the City. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right-of-Way Section, or by calling (559) 621-8694.

c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub - surface private structures and appurtenances extending within the public rights -of- way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621 -8693. Encroachment permits must be approved prior to issuance of building permits.

STREET IMPROVEMENTS

a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer.

The performance of an y work within the public street rights -of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621 -8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy.

b) Repair damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division (559) 621-5500.

c) Install streetlights along all street frontages in accordance with City standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation.

d) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621 -8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans.

Conditions of Approval
Planned Development Permit Application No. P23-03735
April 2, 2025

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SURVEY MONUMENTS AND PARCEL CONFIGURATION

a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California.

PART D - PLANNING/ZONING REQUIREMENTS

1) PLANNING

a) Development is subject to the following plans and policies:
i) Fresno General Plan
ii) Rosevelt Community Plan
iii) Planned Development
iv) Medium Density Residential planned land uses

2) BUILDING HEIGHT

a) The height of the proposed structures shall meet the requirements of the RS-5 section of the FMC.

3) LOT COVERAGE

a) Lot coverage shall not exceed 80 percent. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District.

4) LOT WIDTH

a) Lot width shall not be less than that shown on Vesting Tentative Tract Map No. 6441 dated June 26, 2023.

5) BUILDING SETBACKS

a) Building setbacks shall be in accordance with site plan Exhibit A -1, Planned Development Permit Application No. P23 -03735 dated June 26, 202 3, unless otherwise noted in these conditions:

• Interior side yard: Minimum of 3 feet per side; 8 feet total. • Garage, from back of curb or sidewalk: Minimum 18 feet. • Rear yard set back: Minimum 8 feet
• Street side yard setback: Minimum 10 feet

Planned Development Permit Application No. P23 -03735 seeks approval to reduce the minimum 4 -foot garage setback from the primary façade requirements. It is Conditions of Approval
Planned Development Permit Application No. P23-03735
April 2, 2025

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important to note that a garage extending forward of the primary façade is not permitted. Garages must be flush or setback (behind) from the primary façade.

b) If a 10-foot front yard setback (to living façade) is applied, the applicant shall submit elevations of model homes that are consistent with Fresno Municipal Code (FMC) Section 15.904.B (Enhanced Streetscape) prior to submittal of a Final Map for approval by the Planning and Development Department. A minimum of five (5) out of the 15 specified qualities shall be identified on the elevations. This condition is not applicable if a 13-foot front yard setback (to living façade) is applied.

6) FENCES, HEDGES, WALLS

a) Provide a 6 -foot-high wall along the northerly property line of the subject property .

Depict said wall (and height) on Exhibit A-1 (site plan) dated June 26, 2023.

PART E - CITY AND OTHER SERVICES

a) Comply with the Conditions of Approval for Vesting Tentative Tract Map No. 6441 dated April 2, 2025.

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