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Home My WebLink AboutT-6099 - Conditions of Approval - 12/7/2016 Gklypt REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. Fns COMMISSION MEETING 12/7/16 December 7, 2016 APPROVED BY FROM: MIKE SANCHEZ, Assistant Director 0E ARM MOT Development and Resource Manage t partment THROUGH: WILL TACKETT, Supervising PI Development Services Division BY: ISRAEL TREJO, Planner Development Services Division SUBJECT: Consideration of Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099, Conditional Use Permit Application No. C-16-030 and related Environmental Assessment No. T-6099/C-16-030, for property located on the northwest corner of East Copper and North Cedar Avenues. 1. RECOMMEND APPROVAL (to the City Council) of the Finding of Conformity (and Addendum) to the Fresno General Plan Master Environmental Impact Report as prepared for Environmental Assessment No. T-6099/C-16-030 dated September 30, 2016. 2. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-16-016 to rezone the subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district. 3. RECOMMEND APPROVAL (to the City Council) of Conditional Use Permit No. C-16-030 subject to compliance with the Conditions of Approval dated December 7, 2016, and contingent upon City Council approval of Rezone Application No. R-16-016 and the related environmental assessment. 4. RECOMMEND APPROVAL (to the City Council) of Vesting Tentative Tract Map No. T-6099 subject to compliance with the Conditions of Approval dated December 7, 2016, and contingent upon City Council approval of Rezone Application No. R-16-016 and the related environmental assessment. EXECUTIVE SUMMARY Gary Giannetta, on behalf of Las Brisas Builders, has filed Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues. Rezone Application No. R-16-016 is a proposal to rezone the subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential planned development subdivision. Conditional REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 2 Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6099 proposes a 91 lot single-family residential subdivision on approximately 11.80 acres at a density of 7.71 dwelling units per acre. Pursuant to Conditional Use Permit Application No. C-04-153, the Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the Fresno Municipal Code. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan. PROJECT INFORMATION PROJECT A 91 lot, single-family residential planned development subdivision to be developed at a density of 7.71 dwelling units per acre. The project proposes a gated development with private streets and modified property development standards, including reduced setbacks APPLICANT Gary Giannetta on behalf of Las Brisas Builders LOCATION Located on the northwest corner of East Copper and North Cedar Avenues (Council District 6, Councilmember Brand) SITE SIZE Approximately 11.80 acres LAND USE Existing - Vacant Proposed - Single-family residential ZONING Existing - RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) Proposed- RM-1/PD/CZ (Residential Multi-Family District/Planned DevelopmentlConditions of Zoning) PLAN DESIGNATION The proposed 91 lot single-family residential subdivision is AND CONSISTENCY consistent with the Fresno General Plan and Woodward Park Community Plan designation of the site for medium high density residential planned land uses pursuant to Section 15-310.0 of the FMC REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 3 ENVIRONMENTAL Finding of Conformity (and Addendum) to the Fresno General FINDING Plan Master Environmental Impact Report (MEIR) SCH No. 2012111015, dated September 30, 2016 PLAN COMMITTEE The Council District 6 Plan Implementation Committee RECOMMENDATION recommended approval of the project on August 15, 2016, by a vote of 4 to 0 STAFF Recommend approval of Rezone Application No. R-16-016, RECOMMENDATION Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, subject to compliance with the Conditions of Approval dated December 7, 2016, to the City Council BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Low Density RS-4 Single-Family Residential Single-Family Residential Residential East Public Facilities PI Ponding Basin Public and Institutional South Ponding Basing OS Ponding Basin Open Space Open Space West Urban Neighborhood RM-2 Vacant Residential Multi-Family Residential ENVIRONMENTAL FINDING The Development and Resource Management Department staff has prepared an Initial Study (See Attached "Appendix G to Analyze Subsequent Project Identified in MEIR No. SCH No.2012111015/Initial Study") to evaluate the proposed application in accordance with the land use and environmental policies and provisions of the lead agency City of Fresno General Plan and the related Master Environmental Impact Report (MEIR) SCH No. 2012111015 and the Program EIR No. 10126 (SCH # 2000021003) related to the Copper River Ranch Project. The subject property is proposed to be developed at intensity and scale that is permitted by the Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land use designation for the subject site. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Thus, the subdivision of the subject property in accordance with the Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 4 traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of the MEIR and the Program EIR No. 10126 related to the Copper River Ranch Project have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR and Program EIR No. 10126 as provided by CEQA Guidelines Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the Fresno General Plan land use designation, include impacts associated with the Medium High Density Residential planned land use designation specified for the subject property. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in the MEIR because its land use designation and permissible densities and intensities are allowed as set forth in the Fresno General Plan; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or the Program EIR No. 10126 related to the Copper River Ranch Project for the reasons discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or the Program EIR No. 10126 related to the Copper River Ranch Project. Therefore, the project proposal has been determined to be within the scope of the MEIR and Program EIR as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR SCH No. 2012111015 dated September 30, 2016. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified; and, that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Finally, the Development and Resource Management Department proposes to have adopted an addendum to Environmental Assessment No. T-6099/C-16-030 dated September 30, 2016, which states that Rezone Application No. R-16-016, merely a request to add the "PD" (Planned Development) designation to the existing zone designation, has been adequately addressed through the subject environmental document. BACKGROUND / ANALYSIS Gary Giannetta, on behalf of Las Brisas Builders, has filed Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 5 approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues. Rezone Application No. R-16-016 is a proposal to rezone the subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential planned development subdivision. Conditional Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6099 proposes a 91 lot single-family residential subdivision on approximately 11.80 acres at a density of 7.71 dwelling units per acre. Pursuant to Conditional Use Permit Application No. C-04-153, the Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the FMC. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan. Rezone Application Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 were initially submitted without Rezone Application No. R-16-016. However, pursuant to section 15-5903.D of the Fresno Municipal Code, where a Planned Development (PD) has been approved, the property subject to the PD shall be noted on the zoning map by the designation "PD". The intent of the proposed rezone is merely a request to add the "PD" (Planned Development) overlay designation to the existing zone designation. No changes to the project will occur with the addition of the "PD" designation. Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map, the applicant has submitted Conditional Use Permit Application No. C-16-030. Pursuant to Chapter 15, Article 59 of the FMC, a CUP is required in order to create a planned development. The proposed planned development will feature an open space area consisting of a swimming pool with shade areas and restroom. As part of the CUP process, an applicant may request a modification of development standards. Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks. Reduced Front, Rear and Side Yard Setbacks The applicant is proposing 4' front yard setbacks. The standard minimum front yard setback in the RM-1 (Residential Multi-Family District) zone district is 10'. REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 6 The applicant is proposing 10' rear yard setbacks. The standard minimum rear yard setback in the RM-1 (Residential Multi-Family District) zone district is 20'. (It should be noted, however, that standard setback in the RS-4 and RS-5 districts, which are single-family zone districts, it is 10'). The applicant is proposing 3' interior side yard setbacks. The standard minimum side yard setback is 4' with a total of 10'. The applicant is proposing 5' street yard setbacks, the standard minimum is 10'. There are existing single-family residences to the north of the project site. There will be a private street that separates the existing residences from the proposed development. Staff has also required the applicant to provide a minimum 6' high block wall and dense trees along the common property line between the two developments. Streets and Access Points The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated August 22, 2016. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee. Landscaping/Walls/Open Space A bicycle/pedestrian trail is designated (and has been constructed) along East Copper Avenue. The proposed planned development will also feature an open space area consisting of a swimming pool with shade areas and restroom. It is noted that a 2.6 acre park, within the Copper River Ranch Community, is located within approximately 0.25 mile from the subject site. Pedestrian Accesswa /Trail The applicant is proposing to provide three pedestrian access points to connect to the bicycle/pedestrian trail located along East Copper Avenue. The access points will promote walking in and around the neighborhood and provide connectivity to the bicycle/pedestrian trail located along the southern boundary of the tract. Council District Plan Implementation Committee The Council District 6 Plan Implementation Committee recommended approval of the project on August 15, 2016, by a vote of 4 to 0. REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 7 Public Services The Public Utilities Department has identified sewer and water requirements for this project. These conditions are listed in the memoranda both dated July 27, 2016. It is noted that a tertiary wastewater treatment facility within the Copper River Ranch project will accommodate the wastewater flow from this project. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project has permanent drainage service and can be accommodated by the district. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated August 8, 2016. Notice of Planning Commission Hearing The Development and Resource Management Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property (see attached Noticing Vicinity Map). LAND USE PLANS AND POLICIES As proposed, the project would be consistent with the Fresno General Plan goals and objectives related to residential land use and the urban form: Goal No. 7 of the Fresno General Plan encourages the City to provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City. Goal No. 8 of the Fresno General Plan encourages the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. These Goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan. Similarly, supporting Objective LU-2 of the General Plan calls for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. Likewise, Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 8 Therefore, it is staff's opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Planned Development Findings Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with the Conditions of Approval dated December 7, 2016, staff concludes that the following required findings of Section 15-5905 of the Fresno Municipal Code can be made: 1. The proposed development is consistent with the General Plan, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply; and, The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the FMC. 2. The subject site is physically suitable for the type and intensity of the land use being proposed; and, The site is vastly surrounded by residential and urban uses and is developed at an allowable density under the Fresno General Plan. 3. Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; and, The project will front onto two major streets (East Copper and North Cedar Avenue). The project is not proposed in size or scope which would result in a reduction of public services so as to be a detriment to public health, safety, or welfare. 4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and, The staff of the Development and Resource Management Department has determined that the proposed use will not have a substantial adverse effect on surrounding land uses if developed in accordance with the various conditions/requirements established through the REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 9 related tentative tract map application review and conditional use permit application review process. 5. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, the following factors should be considered: (a) Appropriateness of the use(s) at the proposed location, (b) The mix of uses, housing types, and housing price levels, (c) Provision of infrastructure improvements, (d) Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code, (e) Connectivity to public trails, schools, etc., (f) Compatibility of uses within the development area, (g) Creativity in design and use of land, (h) Quality of design, and adequacy of light and air to the interior spaces of the buildings, (i) Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term. The subject property is planned and zoned for residential uses. The project will create a transition from the existing larger single-family lots to the north to the higher density multi- family property to the west. The project will provide for high quality single-family residences at a price point not currently offered within Copper River Ranch. The applicant will provide for infrastructure improvements, landscaping and amenities, consistent withwhat is currently featured at Copper River Ranch. Public improvements will be installed per the requirements of the City of Fresno. The proposed common area open space will include the construction of a pool and shade areas. The applicant is proposing to provide three pedestrian access points to connect to the bicycle/pedestrian trail located along East Copper Avenue. The access points will promote walking in and around the neighborhood and provide connectivity to the bicycle/pedestrian trail located along the southern boundary of the tract. The development will provide infill housing opportunities on a vacant lot that will complement the existing single-family and multi-family home uses within the development area. The design of the project provides accessibility to both private open space features as well as the adjacent bicycle/pedestrian trail. The creativity in this design includes a new product line that allows home ownership within a slightly higher density. The proposed product, with its open floor plans and flexible room spaces is capturing a strong share of the market in East Fresno and is expected to sell well in the proposed location. The homes will be designed with ample use of windows to allow for the dispersion of natural light and air throughout the home. The use of the latest technology in design allows for a green and water-wise neighborhood. This is a high quality project in a Master Planned Community. Each new homeowner will not only participate in the ongoing maintenance of their private property but also in the perpetual maintenance of the open space and recreational features associated with the Copper River Ranch Master Plan. Conditional Use Permit Application Findings Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with the Conditions of Approval dated December 7, 2016, REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 10 staff concludes that the following required findings of Section 15-5306 of the Fresno Municipal Code can be made: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, Conditional Use Permit Application No. C-16-030 will comply with all applicable codes, including, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the FMC. 3. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements, and; The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related tentative tract map application review and conditional use permit application review process. 4. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity, and; The site is vastly surrounded by residential and urban uses and is developed at an allowable density under the Fresno General Plan. 5. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. The site is vastly surrounded by residential uses and is developed at an allowable density under the Fresno General Plan; and the project must comply with applicable codes, including, landscaping, walls, etc., and conditions from other City Departments and outside agencies. REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 11 Vesting Tentative Tract Map Findings pursuant to the FMC Section 15-3309 of the FMC states that the Review Authority may approve or conditionally approve a Tentative Map if it makes all of the following findings: 1. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code. The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the FMC. 2. Passive and Natural Heating and Cooling. A subdivision for which a Tentative Map is required shall provide pursuant to the Map Act (Section 66473.1), to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. As proposed, the proposed subdivision will provide for future passive or natural heating or cooling opportunities. 3. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Map Act (Section 66473.7). Water facilities are available to provide service to the site subject to the conditions listed in the memoranda dated July 27, 2016. Additionally, the application is proposing less than 500 lots. 5. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision. In cases where existing infrastructure is found to be deficient, plans shall show how sufficient capacity will be provided. The project was routed to the appropriate agencies and it was determined that there is sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision. 6. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal law. The project is not located within a flood prone area. REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 12 Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's General Plan and the Woodward Park Community Plan, because the plans designate the site for medium high density residential planned land uses and the project design meets the density and zoning ordinance criteria for development pursuant to Section 66474.2 of the Subdivision Map Act and 15-310.0 of the FMC. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the Fresno General Plan and Woodward Park Community Plan (as referenced herein above), complies with applicable zoning and subdivision requirements. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has REPORT TO THE PLANNING COMMISSION Rezone No. R-16-016 Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 13 determined that these findings can be made. Planning Commission action on the proposed Rezone Application, Vesting Tentative Tract Map and Conditional Use Permit will be considered by the City Council. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 are appropriate for the project site. Attachments: 2015 Aerial Photograph of Site Noticing Vicinity Map General Plan Planned Land Use Map Exhibit A - Vesting Tentative Tract Map No. 6099 dated September 12, 2016 Exhibit A-1 - Site plan dated September 12, 2016 Exhibit A-2 — Entry Plan/Typical Lot Plan dated September 12, 2016 Exhibit A-3 — Elevations dated September 12, 2016 Conditions of Approval for T-6099 dated December 7, 2016 Conditions of Approval for CUP Application No. C-16-030 dated December 7, 2016 Comments and Requirements from Responsible Agencies Environmental Assessment No. T-6099/C-16-030, Finding of Conformity to the Fresno General Plan MEIR dated September 30, 2016 (and Addendum) PIP . ► • �� `- �Y T 'I ■ AA I LD i 4 � + CD io r4 r •� 04 44 lb At Le (MVE �• ''. ' r � ► � mt • tic w. ` \ ► let a; F it a ,s e 1• ■ .1./ •1.1 i tt 1•• �.e 01 ME fill WOMEN fill %r��► rr _ 57 MCI 'T IRM 106S up, Q �� a. � ■ifs � �� ..�l ISM { I � u m LL .0 CL J } I I 3 J � � cu � m on _ 0 a Jr f r o z I Z � z 0s O � > . 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The following specific conditions are applicable to this vesting tentative tract map. 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 6099, a 91 lot single- family residential conventional subdivision dated September 12, 2016, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map. 2. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 2 technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. It shall be required that you file an updated Exhibit Seven titled "Land Use, Density and Parcel Identification Matrix" relative to Conditional Use Permit Application No. C-04-153. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Provide an exhibit showing approved and future development which does not exceed 2837 units. Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 3 11. Vesting Tentative Tract Map No. 6099 is subject to approval of related Conditional Use Permit No. C-16-030. 12. Conditional Use Permit Application No. C-16-030, filed to establish a 91-lot planned development shall be approved prior to final map approval. 13. Vesting Tentative Tract Map No. 6099 and Conditional Use Permit Application No. C-16- 030 are subject to approval of related Rezone No. R-16-016. 14. Conditions of zoning were placed on the site in 2003 with approval of Rezone Application No. R-01-14 (Copper River Ranch rezone). This application is subject to compliance with the mitigation measures established by the certification of Final Environmental Impact Report No. 10126 (SCH No. 2000021003) prepared for Copper River Ranch. GENERAL INFORMATION 15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 16. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. a) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located within proposed Outlots associated with the proposed project. b) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in any entry median island or traffic medians located within the project. c) The property owner shall be responsible for providing for the maintenance of the curbs and gutters, valley gutter, sidewalks, street lights and street signage within any local public street rights-of-way associated with the project. d) The property owner shall be responsible for providing for the maintenance of all street trees within any local public street rights-of-way associated with the project. 17. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at 559-621-8695 for information regarding the City's Community Facilities District. The property owners may petition the City for annexation to the City's Community Facilities District prior to Final Map approval. 18. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, the subdivider/owner shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 4 the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The subdivider/owner shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 19. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/subdivider shall create a homeowners association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. Sidewalks 20. Provide sidewalks within the subdivision as shown on Site Plan Exhibit A-1 dated September 12, 2016. Wal Is/Fences/Landscaping 21. The subdivider/owner shall construct a minimum 6 foot high solid wall along East Copper Avenue and along the north property line. Depict the wall (and height) on Exhibit A-1 (site plan) dated September 12, 2016, for C-16-030. 22. Provide a dense landscape buffer, to include trees, along the north property line. 23. Provide a corner cut-off area at all street intersections in accordance with the requirements of the Fresno Municipal Code. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. Lot Dimensions 24. Lot dimensions shall match those depicted on "Exhibit A," dated September 12, 2016, for Vesting Tentative Tract Map No. 6099, excepting changes as required per the conditions of approval. Lot Coverage 25. Lot coverage shall match that as shown on Exhibit A-1 dated September 12, 2016. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District. Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 5 Building Setbacks 26. Building setbacks shall be in accordance with Exhibit A-1 dated September 12, 2016, unless otherwise noted in these conditions. Front yard: Front yard setbacks shall be a minimum of 4 feet. Interior side yard: Interior side yard setbacks shall be a minimum of 3 feet. Street side yard: Street side yard setbacks shall be a minimum of 5 feet. (standard lot) Rear yard: Rear yard setbacks shall be a minimum 10 feet. INFORMATION 27. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 28. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) 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. 29. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of the Fresno Municipal Code. 30. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 31. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 6 32. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 33. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 34. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 35. The subdivider shall comply with Regulation Vlll of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 36. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 7 PARK SERVICE 37. Comply with the memorandum from the Public Works Department dated July 11, 2016, COMMUNITY FACILITIES DISTRICT 38. Comply with the memorandum from the Public Works Department dated March 24, 2015. FIRE SERVICE 39. Comply with the memorandum from the Fire Department dated July 28, 2016. SOLID WASTE SERVICE 40. Comply with the memorandum from the Solid Waste Division dated August 8, 2016. STREETS AND RIGHTS-OF-WAY 41. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 42. The subdivider/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four foot minimum unobstructed path requirement. 43. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Landscape and irrigation plans (median island and street trees within all parkways); and 44. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 45. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 8 Works Standards. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 46. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the City Engineer. 47. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 48. Comply with the memoranda from the Public Works Department, Traffic and Engineering Division, dated August 22, 2016. SANITARY SEWER SERVICE 49. Comply with the memorandum from the Public Utilities Department dated July 27, 2016. WATER SERVICE 50. Comply with the memorandum from the Department of Public Utilities, Water Division dated July 27, 2016. 51. Comply with the Copper River Ranch Water Supply Implementation Agreement as approved by the City Council on November 17, 2016. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 52. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. 53. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 54. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 55. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 9 be determined at the project design stage based on the existing conditions and detailed design information. 56. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 57. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 58. The subdivider/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 59. Comply with the memoranda from the Fresno Metropolitan Flood Control District dated August 8, 2016. 60. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards with seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. STREET NAMES 61. Submit a list of street names, to Jon Bartel in the Public Works Department, for review and approval. COUNTY OF FRESNO — DEPARTMENT OF PUBLIC HEALTH 62. Comply with the letter from the County of Fresno dated July 11, 2016. FRESNO IRRIGATION DISTRICT 63. Comply with the letter from the Fresno Irrigation District dated July 22, 2016. CLOVIS UNIFIED SCHOOL DISTRICT 64. Comply with the letter from the Clovis Unified School District dated July 24, 2016. Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 10 DEVELOPMENT FEES AND CHARGES 65. This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge [2] $496/living unit Service Area: Herndon d. Wastewater Facilities Charge [3] $2,119/living unit e. Copper River Ranch Sewer Backbone System [4] $877/living unit f. Copper Avenue Sewer Lift Station Charge [4] $650/living unit g. House Branch Sewer Charge [2] N/A 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. UGM Water Supply Fee [2] $456/living unit Service Area: 101s m. Well Head Treatment Fee [2] $0/living unit Service Area: 101 n. Recharge Fee [2] $0/living unit Service Area: 101 Conditions of Approval Vesting Tentative Tract Map No. 6099 December 7, 2016 Page 11 o. 1994 Bond Debt Service [1] $895/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee— Citywide [4] $539/living unit q. Park Facility Impact Fee — Citywide [4] $2278/living unit r. Quimby Parkland Dedication Fee [2] $1120/living unit s. Citywide Regional Street Fee [3] $8,361/adj. acre t. New Growth Area Major Street Fee [3] $18,790/adj. acre u. Police Facilities Impact Fee — Citywide [4] $624/living unit v. Traffic Signal Charge [1] $450.94/living unit w. UGM Right of Way Acquisition Charge [2] N/A COPPER RIVER RANCH IMPACT FEES FEE RATE x. CRR Major Roadway Infrastructure Facility Fee [4] $7,972/adj. acre y. CRR Major Interior Collector Roadway Facility Fee [4] $26,676/adj. acre z CRR Clovis Mitigation Fee [2] $38.99/ADT [5] aa. CRR Friant Widening Mitigation Fee [2] $9.76/ADT [5] 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. "* 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). 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. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. [5] Determined by Public Works. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL DECEMBER 7, 2016 CONDITIONAL USE PERMIT APPLICATION NO. C-16-030 "A PLANNED DEVELOPMENT" PART A - PROJECT INFORMATION 1. Assessor's 579-090-23 Parcel No(s): 2. Job Address: Vesting Tentative Tract Map No. 6099 3. Street Location: Northwest corner of East Copper and North Cedar Avenues 4. Planned Land Use: Medium High Density Residential 5. Plan Areas: Fresno General Plan and Woodward Park Community Plan 6. Project Description: Conditional Use Permit Application C-16-030 proposes a gated development with private streets and modified property development standards including lot coverage and yard setback requirements for Vesting Tentative Tract Map No. 6099 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. Conditions of Approval Conditional Use Permit Application No. C-16-030 December 7, 2016 Page 2 of 6 PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on December 7, 2016, approved the special permit application subject to the enclosed list of conditions and Exhibits A-1, A-2 and A-3 dated September 12, 2016, for Conditional Use Permit Application No. C-16-030. 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 property 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 revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to Conditions of Approval Conditional Use Permit Application No. C-16-030 December 7, 2016 Page 3 of 6 operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Development and Resource Management Department shall not assume responsibility for any 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 site plan exhibits (dated September 12, 2016)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. To complete the back-check process for building permit relative to planning and zoning issues, submit four copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval, ten days before applying for building permits. 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 Israel Trejo at(559) 621-8044 or via e-mail at Israel.Trejo@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. 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. Conditions of Approval Conditional Use Permit Application No. C-16-030 December 7, 2016 Page 4 of 6 Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Louise Gilio at(559) 621-8678/Lo_uise.Gilio@fresno.gov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit "A" is required to include 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 existing and proposed public rights-of- way. b) Deed documents for the required property dedications shall be prepared by the 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 maybe 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 any 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, rp for 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. Conditions of Approval Conditional Use Permit Application No. C-16-030 December 7, 2016 Page 5 of 6 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. 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) Woodward Park Community Plan iii) Planned Development iv) Medium high density residential planned land uses 2) BUILDING HEIGHT a) The height of the proposed structures shall meet the requirements of the RM-1 section of the FMC. 3) LOT COVERAGE a) Lot coverage shall match that as shown on Exhibit A-1 dated September 12, 2016. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District. 4) BUILDING SETBACKS, OPEN SPACES AND LANDSCAPING a) Building setbacks shall be in accordance with Exhibit A-1 dated September 12, 2016, unless otherwise noted in these conditions: Conditions of Approval Conditional Use Permit Application No. C-16-030 December 7, 2016 Page 6 of 6 Front yard: Front yard setbacks shall be a minimum of 4 feet. Interior side yard: Interior side yard setbacks shall be a minimum of 3 feet. Street side yard: Street side yard setbacks shall be a minimum of 5 feet. (standard lot) Rear yard: Rear yard setbacks shall be a minimum 10 feet. The garage setback at 4' from back of sidewalk is approved. Provide a section in the CC&R's for the Homeowners Association (HOA) prohibiting parking in driveways less than 18' from garage to back of sidewalk (to prohibit parking over the sidewalk). The CC&R's must also state that the HOA is responsible for enforcement of said requirement. 5) FENCES, HEDGES WALLS a) The subdivider/owner shall construct a minimum 6 foot high solid wall along East Copper Avenue and along the north property line. Depict the wall (and height) on Exhibit A-1 (site plan) dated September 12, 2016, for C-16-030. b) Provide a dense landscape buffer, to include trees, along the north property line. c) Provide a corner cut-off area at all street intersections in accordance with the requirements of the Fresno Municipal Code. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection PART E - CITY AND OTHER SERVICES a) Comply with the Conditions of Approval for Vesting Tentative Tract Map No. 6099 dated December 7, 2016. DEPARTMENT OF PUBLIC WORKS TO: Israel Trejo, Planner III DARM, Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Public Works, Street Maintenance Division DATE: July 11, 2016 SUBJECT: Tract 6099; (APN: 579-090-23) located on the northwest corner of East Copper and North Cedar Avenues. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street right-of-ways, landscape easements, outlots and median islands: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home (whichever is greater) by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and AB 1881. The designated street tree for North Millbrook Avenue is: There is no designated street tree for N. Millbrook Ave. Please choose an appropriate tree from the list of Approved Street Trees. The designated street tree for North Cedar Avenue is: Arbutus `Marina' Marina Strawberry Tree 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. Tree planting shall be within a 10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING &MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by forming a Home Owner's Association. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the sidewalk and/or face offence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City - controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23 and AB 1881. The Public Works Department requires all proposed median islands to be constructed with a one foot wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approved landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the CFD. 2. Outlots which are utilized for water well purposes will not be included in the CFD. The Water Division Department in Public Utilities will provide the maintenance of all plant material on the well site. TRAIL REQUIREMENTS 1. The trail is existing and currently maintained under CFD12. City of FdC��I IG nC��r�;Wj►► DATE: March 24, 2015 TO: Israel Trejo, Development Services/Planning Development and Resource Management Department FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: CONDITIONS OF VESTING TENTATIVE TRACT MAP NO. 6099 FOR MAINTENANCE REQUIREMENTS LOCATION: 11199 North Millbrook Avenue APN: 579-090-23S MAINTENANCE REQUIREMENTS OF PUBLIC IMPROVEMENTS 1. Vesting Tentative Tract Map No. 6099 is within the boundaries of Community Facilities District No. 12 ("CFD No. 12") and will share the costs for maintenance of certain public improvements based the special tax rates as defined in the CFD No. 12 District Report on file in the City of Fresno City Clerk's Office. 2. The developer shall provide a quantified estimate of all improvements to be added to CFD No. 12 for maintenance at time of final map submittal. Submit or email to Ann Lillie in the Public Works Department, Traffic and Engineering Services Division. 3. All improvements on private property shall not be included in CFD No. 12 for maintenance. For questions regarding these conditions please contact Ann Lillie at(559) 621-8690 / an n.l i l l ieAfresn o.goy Page 1 of 1 TT 6099 Conditions For Maintenance.Docx City of FIRE DEPARTMENT DATE: JULY 28, 2016 TO: ISRAEL TREJO, Planner III Development and Resource Management Department FROM. LAURIE SAWHILL, Senior Fire Prevention Inspector Fire Department, Community Risk Reduction Unit SUBJECT: VESTING TENTATIVE TRACT MAP NO. 6099/UGM/C-16-030 Revised The Fire Department's conditions of approval include the following- This is a 91 lot private gated single family home subdivision east of N. Millbrook and north of E. Copper Ave. The Fire Department's conditions of approval include the following: Proposed Tract is located within 1.3 miles of permanent Fire station 17. Provide onsite fire hydrants at 600 foot maximum spacing with a minimum fire flow of 1500 GPM at 20 psi residual pressure for single family homes residential development. The fire hydrant system shall be in service before delivery of lumber on site unless otherwise approved with a temporary water supply for model home construction, limited to 6 homes. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus. Access roadways during construction shall be paved or provided with all-weather surface approved by Fire Department. Street sections are 35' curb to curb and acceptable to FFD for parking on both sides. Provide approved police/fire bypass lock ("Best" padlock model 21 B700 series or electric cylinder switch model 1W7B2) on drive access gate/s. All electrified gates shall be equipped with both the Best electric cylinder lock 1W7132 and "Click to Enter" emergency services radio frequency system. Gates/fences shall not obstruct minimum width required for fire lanes. Turns in private drives for fire apparatus access shall have minimum 44 foot centerline turn radius. The main entrance drive separated by a median requires 16 foot minimum roadway width both sides. Entry shall be marked as fire lanes both sides The manual gate for the EVA must have a PW Std. P-67 approach and be provided with "Fire Access No Parking" on both sides. Gate must be secured with a Best/X-1 model 21 B700 padlock. A Knox padlock may not be used. The interior of the EVA must be clearly identified with fire lane markings as well as the sign. City Of r n1-C:-- :V4 OF DEPARTMENT OF PUBLIC UTILITIES August 8, 2016 TO: Israel Trejo, Supervising Planner Development Department, Planning Division FROM: Susan Rogers, Provisional Management Analyst Department of Public Utilities, Solid Waste Division SUBJECT: Solid Waste Conditions of Approval TT 6099 Location: 11100 North Millbrook Ave. S/A The Department of Public Utilities, Solid Waste Division has completed a review of Vesting Tentative Tract Map No. 6099. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Re uirements: • Tract 6099 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and l Blue container for recyclable material. ■ The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 3 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section 10, I. No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Special Requirements: ■ Developer shall provide a minimum of 16' of unobstructed clearance at all entrances/exits and along the path the solid waste vehicles travel as per P-34 standards. 11 Page Conditions Of Approval TT6099 • Developer must provide access to gates by code or gated entrances will be opened by 5:30 am on service days to be utilized by Solid Waste vehicles. • Developer shall provide a minimum of a 44' foot turning radius at all corners as per P- 34 standards. • Developer shall construct a full street, a minimum of 36' feet, from curb face to curb face, throughout the entire to tract. A 36' foot street will provide for parking on both side and an 18' path for the solid waste vehicle. If a street this wide cannot be provided then solid waste will require that there shall be no parking on one side or both side of the street. ■ Lots that have a frontage of less than 40' and a driveway shall have shared driveways. Solid waste containers require 17' of clear space at the edge of the curb when placed out for servicing. Covenant Requirements: r Solid Waste vehicles shall not back in excess of 45' feet to service properties. Lots 6, 7, and 8 are part of a dead-end street and shall place their containers on the northeast corner of lot 8 by 5:30am for servicing on Solid Waste service days, until the street connects to the west. Project Phaln�: • If project is developed in phases then all streets shall connect to one another or temporary turnarounds will be provided. Temporary turnaround shall be large enough to accommodate a solid waste vehicle with a turning radius of 44' and shall be kept clear of all vehicles on the solid waste service day. 21 Page Conditions Of Approval TT6099 City of DATE: August 22, 2016 TO: Israel Trejo Development and Resource Management Department THROUGH: Jill Gormley, TE, Traffic and Engineering Manager, City Traffic Engineer JP Public Works Department, Traffic & Engineering Services Division FROM: Louise Gilio, Traffic Planning Supervisor ` Public Works Department, Traffic & Engineering Services Division SUBJECT: Public Works Conditions of Approval TT 6099, 11100 North Millbrook Avenue Las Brisas, Builders, Inc. /Giannetta 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. General Conditions: 1. Identify all easements on the map. 2. Local to Collector Street Intersections: The intersection of two continuous streets shall have a minimum of 160' offset measured from center line to center line. 3. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The Soils Investigation report shall be submitted to the Public Works Department for review and approval. The subdivider must obtain Public Works approval of the soils investigation report and complete any mitigation work identified by the soils investigation prlOr to subdivider's Submittal of the Final Map to the Development Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 4. The construction of any overhead, surface or sub-surface structures and appurtenances in the public right of way is prohibited unless an encroachment covenant is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division, (559) 621-8681. Encroachment permits must be approved prior to issuance of building permits, 5. Street widening and transitions shall also include utility relocations and necessary dedications. 6. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 16-4114 and Resolution No. 78-522/88-229. 7. 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. 8. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval: Street: construction, signing, striping, traffic signal and streetlight and Trail: construction, grading, lighting, striping, signing, landscape and irrigation. Page 1 of 9 TATraffic Planning\ CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc 9. Remove abandoned driveway approaches and install curb and gutter per City of Fresno Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. Frontage Improvement Requirements: Public Streets: Where not existing. Copper Avenue: Non-Standard Suver Arterial 1. Dedication Requirements a. Dedicate corner cuts for ramps at Copper and Millbrook. b. Relinquish direct access rights to Copper Avenue from all lots within this subdivision. 2. The Copper Trail is currently a City project. If for any reason the improvements are not constructed or included in the City's contract, the applicant is responsible for all frontage improvements, such as: a. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed to a non-standard 8' pattern. b. Construct a non-standard 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 and approved construction plans. Provide a cross section. c. Construct 20' of permanent paving within the limits of this subdivision. d. Construct accessible ramps at Millbrook and Cedar to Public Works Standards P-28 and P-32. e. Construct an 80' bus bay curb and gutter at the northwest corner of Copper and Cedar to Public Works Standard P-73, complete with a 10' monolithic sidewalk. f. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. Cedar Avenue: Non-Standard Collector 1. Dedication Requirements: The proposed access off of Cedar is unclear. Either: a. Dedicate a 4' pedestrian easement to provide accessibility behind the ramp for the proposed EVA. b. Relinquish direct access rights to Cedar Avenue from all lots within this subdivision. Exception: 20' EVA. Or: a. Dedicate a 2' pedestrian easement to provide accessibility behind the "exit-only" drive approach. b. Relinquish direct access right to Cedar Avenue from all lots within this subdivision. Exception: 16' exit. 2. Construct: Either: a. Construct a 20' concrete Emergency Vehicle Access (EVA) per Public Works Standard P-67. Or: b. Construct a 16' concrete driveway approach per Public Works Standard P-2. Page 2 of 9 T:\Traffic Plan ning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc c. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public works Standard E-8 for Collector Streets. -Or- Show the existing street light locations on the plans, -AND- that they are constructed per current City of Fresno Standards. d. Street parking is prohibited. Millbrook Avenue: Non-Standard Local (bath sides 1. Dedication Requirements a. Dedicate 34-55' of property, from center line, for public street purposes, within the limits of this application, per Public Works Standards. Identify the Cul-de-sac radius on the map. b. Dedicate a corner cut for public street purposes at the intersection of Millbrook and the south side of the entry for the proposed ramp. c. Relinquish direct access to Millbrook Avenue within the limits of this map, except at the approved approach. 2. Construction Requirements: a. Construct 24'-90' of permanent paving per Public Works Standards, within the limits of the cul-de-sac and transition paving as necessary. b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. 5 '/2' min. from face of curb to walk - 4' min. sidewalk- 1/2' from back of walk to right of way. 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. d. Site Plan approval of a street type approach per Public Works Standard P-76 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-1, P-2, P-3, P-4 and P-6. If a P-76 entry is approved on the street plans, construct standard curb ramps at the entry per Public Works Standard P-28, P-29 and P-32, based on a 20' radius. Interior Streets: Private 1. Garages: Garage or carport setbacks are recommended to be a minimum of 18' from the back of walk or curb, whichever is greater. 2. Provide a 10' visibility triangle at all driveways. Specific Mitigation Requirements: This tract is proposing 91 single family residential units. This will generate 866 average daily trips.A Traffic Impact Study (TIS) has been submitted. Comply with the mitigation measure requirements of the Traffic Engineering Manager for TISO4-034. 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. Entry Gate: Provide a minimum of 75' from the proposed gate to the back of walk, for vehicle stacking at the entrance. The design shall provide for an onsite turn around. Submit a detail to the scale of 1" =10' for review and approval. 3. Gates shall swing onto private property. 4. If not existing, dedicate an easement for bike, pedestrian and landscaping purposes. See Exhibit Page 3 of 9 TATraffic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc Traffic Signal Mitigation Impact[_T_SMI�Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). 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 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. 1. Millbrook/Copper: a. If the location meets warrants, then, the intersection of Millbrook and Copper shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. The applicant shall design the traffic signal and obtain City approval of the plans prior to occupancy of the first dwelling unit. Applicant to provide verification that warrants are or are not met. b. If the location does not meet warrants, install a signal pole with a 200-watt equivalent LED safety light and an oversize street sign to Public Works Standards at the northeast corner of Millbrook Avenue and Copper Avenue. Fresno Maior Street Impact FMSI Fee : This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Ma'or Street Impact(FMS0 Requirements-. Copper Avenue: Super Arterial 1. If not existing, dedicate and construct one 12' number one travel lane and one 17' number 2 travel lane (on the north side) and a raised concrete median island within the limits of this subdivision. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient Page 4 of 9 T:\Traffic Plan ningl_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. Friant Widening Mitigation Fee: Applicant shall pay fair share contribution. Clovis Mitigation Fee: Applicant shall pay fair share contribution. Copper River Ranch Associated Ma'or Roadway Infrastructure Fee: Applicant shall pay fair share contribution'. Copper River Ranch Interior Collector RoadwaV Facility Fee: Applicant shall pay fair share contribution. Regi- mal Transportation Mitigation Fee 131-MFE. 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; vvvvvo fresnocog.org, Provide proof of payment or exemptionra for to certificate of occupancy. Page 5 of 9 TATraffic Plan ning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc Recording Requested By: Public Works Department City of Fresno No Fee-Gov't, Code Sections 6103 and 27383 When Recorded,Mail To: Public Works Department Clty of Fresno 2600 Fresno Street Fresno, CA, 93721-3623 AT-TN:Bruce Abbott SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 579-090-22S (portion) DEED OF EASEMENT Grantland Holdings No. 1, LLC, a California limited liability company, and Grantland Holdings No. 2, LLC, a Califomia limited liability company GRANTOR, hereby GRANTS to the City of Fresno, a municipal corporation, GRANTEE, an easement and right-of- way for pedestrian walkway, bicycle path and landscaping purposes over, under, through and across all that real property situated in the City of Fresno, County of Fresno, State of California, more particularly described and shown as follows: See Exhibits "A"and "B", which are attached and incorporated herein Grantland Holdings No. 1, LLC, a Califomia limited liability company Dated: Dated: Grantland Holdings No. 2, LLC, a California limited liability company By:_ Dated. By:-- Dated 2013.070/15-A-8965/PW F 11681 1 C:\DATA\Copper Trail\579-090-22S Trail.doc T:\Traffic Plan ning\ CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc EXHIBIT "A" APN 579-090-22S(portion) Pedestrian walkway and bicycle path easement A portion of Outlot"M"of Tract No. 5205, according to the map thereof recorded in Volume 76 of Plats at Pages 46 through 70, Fresno County Records,situated in the southwest quarter of Section 11,Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official United States Government Township Plat thereof, more particularly described as follows; COMMENCING at the most easterly southeast comer of said Outlot"M";thence N 1'17'08" E, along the easterly boundary of said Outlot"M", a distance of 6.00 feet to the northeast comer of that public multi-purpose trail easement dedicated by the map of said Tract No. 5205;thence N 89025'17"W, along the northerly boundary of said public mufti-purpose trail easement, parallel with and 49.00 feet north of the south line of the southwest quarter of said Section 11, a distance of 101.46 feet to the TRUE POINT OF BEGINNING of this description; thence S 82°59'02" W, continuing along said northerly boundary, a distance of 30.27 feet;thence N 89°25'17'W,continuing along said northerly boundary, parallel with and 45.00 feet north of the south line of the southwest quarter of said Section 11, a distance of 85.55 feet; thence, leaving said northerly boundary, N 82°59'02" E, a distance of 30.27 feet; thence S 8925'17" E, parallel with and 49.00 feet north of the south line of the southwest quarter of said Section 11, a distance of 85.55 feet to the TRUE POINT OF BEGINNING Contains an area of 342 square feet,more or less. Page 7 of 9 TATraffic Planning\ CONDITIONS OF APPROVAUTRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc Page 8 of 9 T:\Traffic Plan ning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N doc EXHIBIT "B" NORTH MILLBROOK AVENUE AND ABUTTING 10'WIDE PUBLIC UTILITY EASEMENT WERE VACATED BY CITY OF FRESNO RESOLUTION NO.2009.138 RECORDED 7/812009 AS DOCUMENT NO 2009-0091852,0 R F C. LU IN lqlc LLJ C7� Q NO SCALE �� ,L 1 w Q t] o Q m U h O APN 579-090-22S N J J Ir-y 7 LL v w✓y� t 0 Z7 TRUE POINT OF BEGINNING a Z h, r 1 1..,^�...� SdrE 5' Nric ?�!r'.y •r`�as > N !'iiT'E 6 N 890ZF W i 17��•i�., NS 71 1 S8<<4riZ'1"J �p11 'v � N'45':SS3'�•. -, - ? r �r f S,49 i'!T F 83 73' i0?T! POINT OF COMMENCEMENT :2 lX' � MOST EASTERLY SOUTHEAST N ^, CORNER OF OUTLOT'M' r 1 N B9'ZSI7 w I EXISTING STREET RIGHT-OF-WAY LINE r SOUTH LINE OF THE SOUTHWEST 114 OF SECTION 11, 1220 EAST COPPER AVENUE 1',=PUBLIC STREET EASEMENT PREVIOUSLY DEDICATED BY TRACT NO 5052 ACCORDING TO THE MAP 4kL'•A+Jp THEREOF RECORDED IN VOLUME 46 OF PLATS, Sri PAGES 46-70,FRESNO COUNTY RECORDS �+c rrAL�Eki y �lfi 3 =PUBLIC MULTI PURPOSE TRAIL EASEMENT PREVIOUSLY a p 7 y DEDICATED BY TRACT NO.5052 ACCORDING TO THE MAP * .0 ,k THEREOF RECORDED IN VOLUME 46 OF PLATS, No &W& PAGES 48-70,FRESNO COUNTY RECORDS EXP,12!31/13 DATA SHOWN IS PER,OR CALCULATED FROM,THE MAP OF TRACT NO.5205 �1jE OF C/1�1� RECORDED IN VOLUME 46 OF PLATS, PAGES 4670,FRESNO COUNTY RECORDS - INrjcA fES AREA TO BF DEDICATED 342S.F ± ' &REV. CITY OF FRESNO 2013-070 DFPARlMEN70FPL18UC WORKS ' -- PWF 11681 PARCEL TO BE DEDICATED TO THE CITY OF FRESNO PLAT 459 AS AN EASEMENT AND RIGHT-0F-WAY FOR PUBLIC PEDESTRIAN WALKWAY&BIKE PATH PURPOSES 1 5-A-8965 TATraffic Planning\ CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6099 WAS T-5945 COPPER RIVER\T-6099 MILLBROOK 11100 N.doc City ofcAS&CONSERV4p, 1CmC�lu'i�� r, i-`■7C Ago a DEPARTMENT OF PUBLIC UTILITIES DPU 5 ADMINISTRATION DIVISION e MEMORANDUM y�p5 �p Providing Life's Essential Services Date: July 27, 2016 To: ISRAEL TREJO, Planner III Planning and Development From: KEVIN GRAY, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRA -MAP 6099/UGM AND CONDITIONAL USE PERMIT NO. C-16-030 General Vesting Tentative Tract MapNo.6099 and Conditional Use Permit No.0-16-030 were filed by Gary Giannetta, on behalf of Las Brisas Builders Inc. and pertain to ±11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues, 11100 North Millbrook Avenue &APN: 579-090-23. Vesting Tentative Tract Map No. 6099 is a request to subdivide the subject property into a 91-lot single family residential planned unit development with gated private streets. Conditional Use Permit Application No. C-16=030 proposes modified property development standards including reduced setbacks. Sewer Requirements The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer mains located in East Copper Avenue. Sanitary Sewer facilities are available to provide service to the site subject to the following requirements: 1. Connection to the existing southerly 8-inch sewer main in E. Copper Avenue shall not be allowed. 2. Construct an 8-inch sanitary sewer main in North Millbrook Avenue from E. Copper Avenue north across the project frontage 3. Installation of sewer house branch(s) shall be required. 4. Separate sewer house branches are required for each lot 5. On-site sanitary sewer facilities shall be private. 6. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 7. Abandon any existing on-site private septic systems. 8. All underground utilities shall be installed prior to permanent street paving. A Nationally Accredited Public Utility Agency w 9. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 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. Sanita Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee. 2. Trunk Sewer Charge: Herndon 3. Copper Avenue Sewer Lift-Station Benefit Service Area fee. 4. Sewer Lateral Charge 5. Sewer Oversize Charge 6. Sewer Facilities Charge (Residential Only) City of t0,$ DEPARTMENT OF PUBLIC UTILITIES-WATER DIVISION MEMORANDUM DATE: July 27, 2016 Providing Life's EssentlalServices TO: ISRAEL TREJO, 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 TENTATIVE TRACT T-6099 AND CONDITIONAL USE PERMIT C-16-030. General Vesting Tentative Tract MapNo.6099 and Conditional Use Permit No.0-16-030 were filed by Gary Giannetta, on behalf of Las Brisas Builders Inc. and pertain to ±11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues, 11100 North Millbrook Avenue & APN: 579-090-23. Vesting Tentative Tract Map No. 6099 is a request to subdivide the subject property into a 91-lot single family residential planned unit development with gated private streets. Conditional Use Permit Application No. C-16-030 proposes modified property development standards including reduced setbacks. Water Service The nearest water mains to serve the proposed project are a 12-inch main located in North Cedar Avenue and a 14-inch main located in East Copper Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Resubmit plans and specification for the construction of water to Tract 5945 Water Job 5517. 2. Construct a 12-inch water main (Including fire hydrant installation) in North Millbrook Avenue from the 14-inch water main located in East Copper Avenue north across the project frontage. 3. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide service to each lot. ' ,,r:? A Nationally Accredited Public Utility Agency Public water service is allowed within private streets for Conditional Use Permit Application No.-6� subject to the following: C-ie- 03.0 i) The granting of a public utility easement(P.U.E.). ii) The Subdivider shall include at a minimum, the following terms in the Covenants, Conditions, and Restrictions, subject to approval as to form by the City Attorney: • Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. • Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. • City Easements: Subdivider shall include a section of the Declaration entitled "City Easements" wherein Declarant reserves, for the benefit of the City, non-exclusive easements to enter the Community for the maintenance, repair and replacement of the public water and sewer mains and lines that are to be located within the private streets, and other public utility facilities. This section shall also allow the City, at a minimum, to engage in any and all traffic control measures necessary to preserve public health and safety during such maintenance, repair and replacement of the facilities. Finally, this section shall provide that neither the Association nor any Owner may interfere with the City's right to exercise this easement. • Costs of repair and/or replacement of asphalt and other street improvements within the community due to repair of public utilities within the streets is at the expense of the Homeowner's Association. These repairs and/or replacement will be to City Standards. • The Homeowner's Association agrees to hold harmless; indemnify and defend the City of Fresno, and its officers, officials, employees, agents and volunteers, against any claims or causes of action on account of or arising out of the City's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements The Homeowner's Association waives and releases any and all claims or causes of action against the City related to such repairs. • Insurance provisions consistent with City requirements as determined by Risk Management. • Amendments Requiring City Approval. Proposed amendments to Section of this Declaration, entitled "City Easements," shall be approved as to form by the City Attorney prior to the amendments to such Section being valid. No later than the date that is thirty (30) calendar days after its receipt of a proposed amendment, the City shall deliver written notice of its approval or disapproval of the proposed amendment to the party who delivered the proposed amendment to the City. If the City fails to deliver such written notice within such thirty (30) calendar day period, the City shall be deemed to have approved the proposed amendment. 4. Destruct any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-81 and 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 5. The development shall incorporate water use efficiency for landscaping including the use of artificial turf and native plant materials, reducing turf areas, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for these decorative and recreational water features as appropriate and sanitary. 6. Water service connection to the existing 14-inch water main located in East Copper Avenue shall not be allowed. 7. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Assistant Public Utilities Director. 8. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Water System. Depict neighboring parcels and proposed plans for their continued service. 9. All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-ties, Water service(s) and/or meter(s) installation(s) 2. Water Well Service Area Number: 101s FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.413 NOTICE OF REQUIREMENTS Page]of 5 PUBLIC AGENCY DEVELOPER ISRAEL TREJO JEFFREY T.ROBERTS,GRANVILLE HOMES on DEVELOPMENT SERVICES/PLANNING 1396 W.HERNDON AVE.,SUITE 101 CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET,THIRD FLOOD FRESNO,CA 93721 PROJECT NO: 2016-030 ADDRESS: 11199 N.MILLBROOK AVE. APN: 579-090-23S SENT: S $ r Drainage AreaDevelopment Review Area(s) Preliminary Fee(s) Fee(s) Service Ghargr(s) DE $103,792 00 NOR Review* $572.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review* %1,59700 Amount to be submitted with first grading plan submittal Storm Drain Plan Review* For amount of fee,refer to www.fresnofloodcontrol.org for form to fill out and submit with fust storm drainplan submittal(blank copy attached). Total Drainage Fee: $103,792.00 Total Service Charge: 52,169.00 *The Development Review Service Charge shown above is associated with FR TRACT 6099rev and is currently proposed to develop in conjunction with this permit.Payment for this entitlement sball satisfy the amount 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 Developer before the Notice of Requirement will be submitted to the City.The Grading Plan fee shall be paid upon first r submittal.The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance.The fee indicated above is valid through 2/28/17 based on the site plan submitted to the District on 7/11/16 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may 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. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, e.} 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 refiuld 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 NOTICE OF REQUIREMENTS Page 2 of 5 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall BE DIRECTED TO MILLBROOK AND CEDAR AVENUES X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 _ 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 Stonn Drainage and Flood Control Non-Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "NON-MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". 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 ■ X Street Plan X Storm Drain Plan X Water&Sewer Plan X Final Map X Drainage Report(to be submitted with tentative map) Other None Required 4. Availability of drainage facilities: X Permanent drainage.service is available provided the developer can verify to the satisfaction of the City a' that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. C. Permanent drainage servido will not be available. The District recormnends temporary facilities until permanent service is available, d. See Exhibit No.2. 5. The 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. 6. The subject site contains a portion 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 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 5 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing 91 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 Ma 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. b. 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; s 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. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm 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. 8. 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. 9. 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. 10. X See Exhibit o.2 for additional comments,recommendations and requirements. _2e�' A - '�Ln Peter Sanchez Gary W.Ch pian District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Pagc 4 of 5 CC: CLAUDIA CAZARES,,GRANVILLE HOMES 1396 W.HERNDON AVE,SUITE 101 FRESNO,CA 93711 BRET GIANNETTA,GARY GIANNETTA ENGINEERING ]119SST. FRESNO,CA 93721 ■ 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 5 of 5 Pursuant to the District's Development Review Fee Policy,the subject project shall pay review fees in the amount identified below for Slatm JJsnm Eatiltllrs Stone D1ain Review.The fee shall be paid to the District by Developer with first plan submittal.Checks shall be made out to Fresno Cost shwf Metropolitan Flood Control District. 15"Concrete Pipes$63 00 i.F Application No. FR CUP 2016-030 18"Concrete Pip.$6700 LF 24"Concrete Pipes$75 00 LF Name/Business JEFFREY T.ROBERTS,GRANVILLE HOMES 30"Concrete Pipet 589.011 LF 36"Concrete Pipes S104,00 LF Project Address 11199 N.MILLBROOK AVE.__ 42"Conercle Pipes 1;2100 LF • ' 48"Concrete Pipes$142,01LF Project APN S 579-090-235 54`Cocre1e Pipes 517200 LF Project Acres(gross) 13.31 60"concietePipes$20200LF 66"Concrete Pipes%238 00 LF Please fill in the table below of proposed storm drain facilities to be constructed with this development and return completed form with 72"Concrere Pipes$276 00 LF first plan submittal.If you have any questions or concerns regarding the construction of facilities list,you can contact the Fresno 84"Concrete Pipes$30800 LF Metropolitan Flood Control District at 559456-3292. 96"C'oncreie Pipes$333 00 LF Description Qty Unit Price Amount 15"Jacked Pipes$525 00 LF 18"Jacked Pipes$575-00 LF 24"lacked Pipes$650 00 LF 30"lacked Pipes$725 00 LF 36"lacked Pipas$800 00 LF 42"Jacked Pipes$850.00 LF 48"Jacl cd Pipes$900 00 LF 54"lacked Pipes 5975 00 LF 60"lacked Pipes S1,05000 LF 66"Jaoked Pipes$1 72"lacked Pipes$1,300 00 IF 84"lacked Pipes$1450 00 LF Manholes 53,750 00 PA Inlets&Laterals S4:450 00 EA Outfalls 58.500 00 EA Canal Outfalls$9,000 00 FA Basin Excavation$0 75 CY IMPROVEMENTS ADJACENT TO BASIN Peace,Pad,end Gale$20 00 LF Mowsmp$17 50 LF ,Arterial Paving S62 00 LF I real Paving$4150 LF Estimated Construction Cost Cwb and Gaffer$18 25 LF Sidewalk S36 00 LF Fac.qu_;s!e5s'c'ot Sewer Line$21.00 LF E 1;375.u0,'v>r"sol the cous!ructon cost lmol(�300.pi1 ors P.a::ua� _ _ a19'3.OL, Wallet Line 52400 LF f Sheat Lights$21 00 LF Amount Due Pump Swtion/IntakeS375.U0U.00 BA 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 NOTE:THIS MAP IS SCHEMATIC. DISTANCES,AMOUNT OF CREDITABLE FACILITIES,AND LOCATION OF INLET _ BOUNDARIES ARE APPROXIMATE. ---`_------- VVI-- — '_`"— —I to I 36 'DE" _•r � --E BASIN I I I DE' I TRACT 6099 REV I ' CUP 2016-030 ¢ I KK I Ck: I � Q ! Jr I P COPPER AVE YI I II I BASIN I o I 'BX' I `•'1111 nBZ11 j ee I � I I LEGEND Non-Master Plan Facilities To Be Constructed By Developer (Not Eligible For Fee Credit) 0— Existing Master Plan Facilities 1 "=200 ' Future Pipe Inlet Boundary TRACT 6099 REV — --- — Drainage Area Boundary --^- CUP 2016-030 Direction of Drainage � Limits of Tract 6099 REV/CUP 2016-030 DRAINAGE AREA "BZ" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wadet Date:8/312016 Path:K:1Autocad\DWGS10EXHIBI'RTRACTS\6099REV.mxd OTHER REQUIREMENTS EXHIBIT NO. 2 There are currently construction credits available from the original development agreement for Tract 5205 that could be applied toward a portion of the fee indicated on Page 1 of this Notice. Should other subdivisions covered under the original agreement finalize their maps prior to Tract 6099Rev/CUP 2016-030, this credit will be applied to the first finalized maps, unless indicated otherwise by Copper River Development Company, Inc. In order to provide District's Basin "DE" (located in the northeast corner of Cedar and Copper Avenues) irrigation for future basin landscaping and provide water for City recharge the facilities shown on Exhibit No. 1 will need to be constructed. Lot coverage must be provided to the District prior to submittal of improvement plans. The final drainage fee will be calculated commensurate with the lot coverage provided by the developer. The lot coverage calculated by the District includes the front yard walkway, sidewalk walkway and the rear yard patio equaling an additional 6% of impervious area in addition to the City's typical lot coverage calculation The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6-inch curb. Should wedge curb (4.5 inches height) be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. Development No. CUP 2016-030 engr\permi Ls\exh ibit2\city-cup\2016\2016-030(gc) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page 1 of 5 PUBLIC AGENCY DEVELOPER ISRAEL TREJO JEFFREY T.ROBERTS,GRANVILLE HOMES DEVELOPMENT SERVICES/PLANNING 1396 W.HERNDON AVE.,SUITE 101 CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET,THIRD FLOOD FRESNO,CA 93721 PROJECT NO: 6099rev ADDRESS: 11199 N.MILLBROOK AVE. APN: 579-090-23S SENT: Drainage Area(s) Preliminary Fee(s) Development Review Fee(s) Service Charge(s) DE $103,792.00 NOR Review* $572.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review" $1597.00 Amount to be submitted with first grading plan submittal Storm Drain Plan Review• For amount of fee,refer to www.fresnofloodcontrol.org for form to(ill out and submit with first storm drainplan submittal(blank copy attached). Total Drainage Fee: $103,792.00 Total Service Charge: $2,169.00 •The Development Review Service Charge shown above is associated with FR CUP 2016-030 and is currently proposed to develop in conjunction with this permit.Payment for this entitlement shall satisfy the amount due on the associated permits. Z 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 0 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. 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 Developer before the Notice of Requirement will be submitted to the City.The Grading Plan fee shall be paid upon first submittal.The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance.The fee indicated above is valid through 2/28/17 based on the site plan !� submitted to the District on 7/11/16 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may 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. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, e') 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 £) 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 NOTICE OF REQUIREMENTS Page 2 of 5 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. _ a. Drainage from the site shall BE DIRECTED TO MILLBROOK AND CEDAR AVENUES on X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 _ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and C. X Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Non-Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "NON-MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". 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 X Street Plan X Storm Drain Plan ■ X Water&Sewer Plan X Final Map X Drainage Report(to be submitted with tentative map) Other None Required 4, Availability of drainage facilities: X Permanent drainage service is available provided the developer can verify to the satisfaction of the City a' that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. _ Permanent drainage service Will not be available. The District recommends temporary facilities until c' permanent service is available. d. See Exhibit No.2. 5. The 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. 6. The subject site contains a portion 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 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 5 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Im 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 Stats 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. b. 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. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm 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. 8. 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. 9. 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. 10. X See Exhibit No.2 F r additional comments,recornmendations and requirements. Co Peter Sanchez Gary W.Cha an District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 5 CC: CLAUDIA CAZARES,,GRANVILLE HOMES on 1396 W.HERNDON AVE,SUITE 101 FRESNO,CA 93711 ------------ BRET GIANNETTA,GARY GIANNETTA ENGINEERING 1119 S ST. FRESNO,CA 93721 ■ 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 5 of 5 Pursuant to the District's Development Review Fcc 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 be made out to Fresno Metropolitan Flood Control District. - LS'Coucrele PlPes$6.3 0U);:P Application No. FR TRACT 6099rey 18"Concrete Pipes$67,00 IF 24"Concrete Pipes S75 00 If Natne/Business JEFFREY T.ROBERTS,GRANVILLE HOMES _ 30"ConeretePip.$9900 LF 36"Concrete Pipes$tO4 00 LF Project Address 11199 N.MILLBROOK AVE, _..._ _,�_ ._ .� - .� -- ..--. - -- - --. - 42"Concrete Pipes S 12100 LF 48"Concrele Pipes 5142 OD LF ProjectAPN(s) 579-090-23S _......._.. ...__...__..... 54"Concrele Pipes$172 00 IF 60"Conctele Pipes$202.00 LF Project Acres(gross) 13.31 66"Concrete Pipes 523800 IF 72"Cunerete Pipes 5276 OD LP Please fill in the table below of proposed storm drain facilities to be constructed with this development and return completed torn with first plan submittal.If you have any questions or concerns regarding the construction of facilities list,you can contact the Fresno 84"Concrete Pipes$309 00 LF Metropolitan Flood Control District at 559-456-3292. 96"Concrete Pipes 8333 OD LF Description Qty Unit Price Amount 15"Jacked Pipes$525,00 IF 18"lacked Pipes$575 00 LF 24"lacked Pipes$65D 00 LP 30"Jacked Pines$725 00 IF 36"lacked Pipcs WD-00 IT 42"Jacked Pipes$85000 LF 48"Jerked Pipes$900 GOLF 54"Jacked Pipes$975 00 IF 60".Tacked Pipes$1.050 Oil LF 66"Jacked Pipes$1,150 00 LF 72"lacked Pipes$]300 00 IF 84"laded Pipn 91,450.00 LF Manholes S3 750 00 FA Nett&I atet als$4,450-00 EA Outfalls$8 500 00 EA Canal Outfalls 59.000,00 FA Basin Escaoution$0 75 CY IMPROVENEN'1 S ADJACENT 10 BASIN Ile=,Pod:and Gat,$20.00 LP Mowship$17 50 LF Atteral Paving$62,00 IF Iocal Paving$41 50 LF Estimated Construction Cost Curb e.nd OuOei$19 25 LP Sidmalk S36 ODI F Fee aqua:;ossa of Sewer Line$21 00 LF X375-00 p'�is 35i,of nrc e,<innr,tud-olmrochon Total Watei Line$24 00 IF Saeel Lights$21 00 LF Amount Due - — Piimp Slation/Jnleke 5375.000 00 EA 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 NOTE:THIS MAP IS SCHEMATIC. DISTANCES,AMOUNT OF CREDITABLE FACILITIES,AND LOCATION OF INLET BOUNDARIES ARE APPROXIMATE. 1RD� .�. 4, VIA MIRBEEEA--'DR•- I - is I 136 - -------------_------- 11 I ] ? r "DE.. I{ I I BASIN DI:' TRACT 6099 REV CUP 2016-030 x f QI � QI SI I � I r al I I I ml I � f p�1� l3 IQ 2a A_ I J—--- -a rr �•� �. - -�.�.sCOPPFJg. AVE. . � T= 77— !-} COPPER AVE J i SI II BT � I � I v.BZ.. I LEGEND Non-Master Plan Facilities To Be Constructed By Developer (Not Eligible For Fee Credit) []— Existing Master Plan Facilities 1 "=200' Future Pipe --- - Inlet Boundary TRACT 6099 REV - --- — Drainage Area Boundary CUP 2016-030 �-�--- Direction of Drainage L DRAINAGE AREA "BZ" Limits of Tract 6099 REV/CUP 2016-030 EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wadet Data:6/312016 Path:K:1AutocadlDWGS10EXHIBITITRACTS16099REV.mxd OTHER REQUIREMENTS EXHIBIT NO. 2 There are currently construction credits available from the original development agreement for Tract 5205 that could be applied toward a portion of the,fee indicated on Page 1 of this Notice. Should other subdivisions covered under the original agreement finalize their maps prior to Tract 6099Rev/CUP 2016-030, this credit will be applied to the first finalized maps, unless indicated otherwise by Copper River Development Company, Inc. In order to provide District's Basin "DE" (located in the northeast corner of Cedar and Copper Avenues) irrigation for future basin landscaping and provide water for City recharge the facilities shown on Exhibit No. 1 will need to be constructed. Lot coverage must be provided to the District prior to submittal of improvement plans. The final drainage fee will be calculated commensurate with the lot coverage provided by the developer. The lot coverage calculated by the District includes the front yard walkway, sidewalk walkway and the rear yard patio equaling an additional 6% of impervious area in addition to the City's typical lot coverage calculation The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6-inch curb. Should wedge curb (4.5 inches height) be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. Development No. Tract 6099Rev k\permits\exhibit2\tract\6099rev(gc) �•,� co U� a County of Fresno DEPARTMENT OF PUBLIC HEALTH DAVID POMAVILLE, DIRECTOR x R� DR. KEN BIRD, HEALTH OFFICER July 11, 2016 L00018569 Israel Trejo 2602 Development & Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Trejo: PROJECT NUMBER: C-16-030, T-6099 Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 were filed by Gary Giannetta, on behalf of Las Brisas Builders Inc., and pertain to ±11.80 acres acres of property located on the northwest corner of East Copper and North Cedar Avenues. Vesting Tentative Tract Map No. 6099 is a request to subdivide the subject property into a 91-lot single family residential planned unit development with gated private streets. Conditional Use Permit Application No. C-16-030 proposes modified property development standards including reduced setbacks. APN: 579-090-23 ZONING: RM-1/cz SITE ADDRESS: 11100 NORTH MILLBROOK AVENUE S/A Recommended Conditions of Approval • Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559)445-5116. • Construction permits for the development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300. Due to the proximity of the proposed residential uses to an existing thoroughfare, consideration should be given to conformance with the Noise Element of the City of Fresno General Plan. A noise study should be conducted in order to identify the potential noise impacts and offer mitigation alternatives. • The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City's municipal code. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should 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 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 Israel Trejo July 11, 2016 C-16-030, T-6099 Page 2 of 2 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. • Any construction materials deemed hazardous must be characterized and disposed of in accordance with current federal, state, and local requirements. REVIEWED BY: Kevin Digiialy wgmedN Xeyin Txdn ON:rnxl{w..ITwda,peT1H<tp County Dv"." Nibk i1cAM% a Anvironmenlal Heahh V1w%k r, Ts u d a k[suda@co fresmOvi .0-uS Ila•2016.07.1114:00:10-07W Kevin Tsuda, R.E.H.S. Environmental Health Specialist II (559) 600-3271 kt cc: Glenn Allen- Environmental Health Division (CT 55.03) Jeff Roberts-Applicant (irobertsggvhomes.com) Claudia Cazares- Representative (ccazares@gvhomes.com) Gary Giannetta- Engineer( a ce sbc lobal.net) OFFICE OF dNNR �Ilt M TELEPHONE(669)233-7161 FAX(559)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93725-2208 YOUR MOST VALUABLE RESOURCE-WATER July 22, 2016 Israel Trejo City of Fresno Development & Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: Vesting Tentative Map of Tract No. 6099, Conditional Use Permit Application No. C-16- 030 N/W Copper and Cedar avenues Dear Mr. Trejo: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Map of Tract No. 6099 and Conditional Use Permit C-16-030 for which the applicant request to subdivide the subject property into a 91-lot single family residential planned development with gated private streets and modify the property development standards including reduced setbacks, APN: 579-090-23. FID has the following comments: 1. This site was previously reviewed and commented on by FID on March 30, 2015 as Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-15-019. Those comments and conditions still apply and a copy is attached for your reference. Thank you for submitting the proposed project for our review. We appreciate the opportunity to review and comment on the subject documents for this project. If you have any questions please feel free to contact Chris Lundeen at (559) 233-7161 extension 7410 or clundeen(o).fresnoirrigation.com. Sincerely, ,— Laurence Kimura, P.E. Chief Engineer Attachment 0AAgencies\FresnoCity\Tract Map\6099-2.doc BOARD OF President RYAN JACOBSEN, Vice-President JERRY PRIETO, JR. DIRECTORS CHRISTOPHER WOOLF,GEORGE PORTER, GREGORY BEBERIAN,General Manager GARY R.SERRATO OFFICE OF W INS- TELEPHONE(669)233-7161 FAX(660)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93725-2206 YOUR MOST VALUABLE RESOURCE-WATER March 30, 2015 Mr. Israel Trejo City of Fresno Development and Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No, C-15-019 N1W Copper and Cedar avenues Dear Mr. Trejo: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-15-019 pertaining to the±11.84 acres of property located on the northwest corner of Copper and Cedar avenues. Vesting Tentative Tract Map No. 6099 proposes a common-lot airspace subdivision (two lots) for condominium purposes. The Conditional Use Permit proposes a gated private street development consisting of 228 units containing 76 two-story multiple dwelling structures with attached garages, APN: 679090-23. FID has the following comment: 1. FID does not own, operate or maintain any facilities located on the subject property as shown on the attached FID exhibit map. 2. The proposed development appears to be within the City of Fresno Sphere of Influence but lies outside FID's boundary line., The development is not entitled to water from the Kings River. 3. The proposed land use(or change in land use) should be such that the need for water is minimized and/or reduced so that groundwater impacts to the proposed project area and any surrounding areas are eliminated. The "demand" side of water consumed needs to be evaluated or scrutinized as much as the"supply" side of the water supply. FID is concerned that the proposed development may negatively impact local groundwater supplies including those areas adjacent to or neighboring the proposed development area. The area is currently open land with little to no water demand. Under current circumstances the project area is GAAq&nc4ex1FresnoCI1ATr4mct Map%6009AGe BOARD OF President RYAN JACOBSEN, Vice-PresidenI. JERRY PRIETO JR. DIRECTORS STEVEN BALLS,GEORGE PORTER, GREGORY REBERIAN,General Manager GARY R_SERRATO Mr. Israel Trejo Re;VTTM 6099&CUP C-15-019 March 30, 2015 Page 2 of 2 experiencing a modest but continuing groundwater overdraft. ShOLIld the proposed development result in a significant increase in dependence on groundwater, this deficit will increase. FID recommends the City of Fresno require the proposed development balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area's existing groundwater overdraft problem. 4. It is unclear if the source of water for this development is solely groundwater or a mixture of treated surface water from FID's Enterprise Canal. If treated surface water will be used, the City must acquire additional water from a water purveyor, such as FID for that purpose, so as to not reduce water supplies to or create water supply deficits in other areas of the City. Water supply issues must be resolved before any further"hardening" of the water supply demand is allowed to take place. i 5. It should be noted that without the use of surface water, continued dependence on solely a groundwater supply will do nothing to reverse or correct the existing overdraft of the groundwater supply beneath the City of Fresno and FID service area. As this project will "harden"or make firmer the need for water, the long- term correction of the groundwater overdraft should be considered as a requirement of the project. 6. The City of Fresno and FID have been working to address water supplies issues for development outside of the FID service area. We encourage the City to continue towards finding solutions to minimize the impacts of changes in land uses and to mitigate any existing adverse water supply impacts within the development areas. 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 ssaetern fresnoirri ation.com. Sincerely, 1444.r 4L I Laurence Kimura, P.E. Chief Engineer—Special Projects Attachment I GlApenclenlFresnoCllylTrecl Mep16099.doo I Q�1 3 v z ��G 4 o ■ MATUS a IOI _inN183Ho -W - - ; o CIOOM711SVO ONI?JV30 O V3o o z w m Z > = LL LL > I o a W u a a w 318VW391V d 31120VNOG � m a J z 3 0o d h= _ = Y =• a -NOI1V3b03H' ' _ ° z N w O a Z II � nwi x AdNlIHM 0 da, U m �N11HM .Q- bLL a I rOC9 w VISViiL131S 1S�� bN2i31S o . 0211V8 a LL a Mo oaia c t n a000Aq 9 CQ OHM ;u U = MONOOOM u g ¢ Z MON(70 ❑ e 1 J U) d y J t7 a KNOVjNG}111 I ° O� IL ` $ z co CD z wLu N3AVf4NdQq phllllp m�_ a q ,n U a 30Wd X g $ cn O LLa Orn 31dVIN 0 a NVIOIMMN a O w 1N381V NHOf NOS)IOVf a n A S 4 U Clvai w -Vvo O O .Wz3 N0571oVf a O . 7 O ,- r x d 0 %� ws� LONof��p o x U wa O O J Q (L ` U All-? �3� b7 to 1 V o C H O R `wy a '1'13m V ao I. M O�yNIHg o g r o �,r�J' W oAos� Q * Q o 0) Q¢ O (7 '� 44 . 0- 0) o Qs 0 X s au k a°i Lo O ��O�t� -1-11H AV9 O 3I S Q NJ I UNDIN NIIVS o 31HOH w� 2iVC1_I 7 Y J E J }3 3! 4o Ca 4 y�P '� U F- OR 2 OCOC7{ I 8 Q d z 4 'D Lu � q a p uwi- COURSE OLD UO > �� l � & I' { r w W y MILLRROOK - AaVa3ANl J C O D CLOVIS N t "c ii00L 0IST 1C Gwv r n.: L%aamd ganr_;i ,.uFngRi July 24, 2016 ChriispowrC.sa€o SUBJECT: Tract Map No. 6099 and Conditional Use Permit No. C-16-030, 91-lot Uraw L.novsepi5n 11100 North Millbrook Avenue R Chard Lake,CIRA, 579-090-23 H„gait:: ,Sarl oval 11,::an'IG;�e3.;n[rte.' .D's- Dear Mrs. Zuniga: The purpose of this letter is to provide school district infonnation relative to the above- Adr.er.'.S taloa referenced subdivision and to comply with Business and Professions Code section 11010, Eanet 1_.laur.a.L&D. subdivision (b)(1 1)(A) regarding the provision of school-related information to the ;gpe`ntercfen Carlo Pr?nd 3-1i. � i.ph. m subdivider/owner and the State Department of Real Estate. Der.,ary5 tondk4,,t Nurrr n Anderson 1. Elementary School Information: £Sarry S.Pager:it (a) The subject land is presently within the attendance area of the elementary school Associate Supml nterxiMt To,haet johns..,n (grades K-6) listed below: ,5.-5odare5vperzit „don School Name: Fugman Elementary Address: 10825 N Cedar Fresno, CA 93 73 0 Telephone: (559) 327-8700 Capacity: 858 Enrollment: 810 (b) Because of projected growth in the District and the District's plans for construction of new school facilities, it is possible that(1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school listed above, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 2. Intermediate School Information: School Name: Granite Ridge Address: 2770 E International Ave Fresno, CA 93730 Telephone: (559) 327-5000 Capacity: 1600 Enrollment: 1349 1450 Herndon Avenue° Clovis,CA 9.361 1-0599 5509--U-1-90W WWW,Cuvdx4xn 3. High School lnforination: School Name: Clovis North High School Address: 2770 E International Ave Fresno, CA 93730 Telephone: (559) 327-5000 Capacity: 3100 Enrollment: 2495 3. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 4. The District currently levies a school facilities fee of$4.15 per square foot ($4.22 as of July 6, 2016) for residential development. The fee is adjusted periodically in accordance with law. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, Michael Johnston Associate Superintendent Administrative Services CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT FINDING OF CONFORMITY/MEIR SCH No. 2012111015 Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FOR (California Environmental Quality Act) the project described below is FILING: determined to be within the scope of the Master Environmental Impact Report (MEIR) SCH No. 2012111015 prepared for the new Fresno Filed with the Fresno County Clerk's office on General Plan Update adopted by the Fresno City Council on December September 30, 2015 18, 2014. Applicant: Initial Study Prepared By: Las Brisas Builders Inc. Israel Trejo, Planner 1396 West Herndon Avenue, #101 September 30, 2015 Fresno, California 93711 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Tract Map No. 6099 Northwest corner of East Copper and North Cedar and Conditional Use Permit No. Avenues, within the Copper River Ranch Planned C-16-030 Community 36053'46.513" N Latitude, 119045'27.114" W Longitude i (APN: 579-090-23) Project Description: Gary Giannetta, on behalf of Las Brisas Builders Inc., has filed Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues, within the Copper River Ranch Planned Community. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential subdivision. Conditional Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The application is consistent with the planned land use of medium high density residential as designated by both the Fresno General Plan and the Woodward Park Community Plan. Conformance to Master Environmental Impact Report (MEIR) SCH No. 2012111015 prepared for the Fresno General Plan adopted by the Fresno City Council on December 18, 2014: The Fresno General Plan and the Woodward Park Community Plan designate the subject site for medium high density planned land uses. The existing RM-1 (Residential Multi-Family District) zone district for the subject property conforms to the medium high density planned land use designation The Development and Resource Management Department staff has prepared an Initial Study (See Attached "Appendix G To Analyze Subsequent Project Identified In MEIR No. SCH No. 2012111015/Initial Study") to evaluate the proposed application in accordance with the land use and environmental policies and provisions of lead agency City of Fresno's General Plan adopted by the Fresno City Council on December 18, 2014 and the related MEIR SCH No. 2012111015. The proposed project will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted zoning, planned land use designation and street classification. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further Finding of Conformity Environmental Assessment No. C-16-030/T-6099 September 30, 2016 Page 2 of 3 determined that all applicable mitigation measures of the MEIR and Program EIR No. 10126 prepared for the Copper River Ranch Project have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Guidelines Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of the MEIR, provided that the project does not cause additional significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, pursuant to the Fresno General Plan land use designation, include impacts associated with the above mentioned planned land use designation specified for the subject site. Based on this Initial Study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in the MEIR because its, location, land use designation and permissible densities and intensities are set forth in the Fresno General Plan; (2) The proposed project is fully within the scope of the MEIR because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR for the reasons set forth in the Initial Study; and (3) other than identified below, there are no new or additional mitigation measures or alternatives required. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Moreover, as lead agency for this project, the Development and Resource Management Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from the MEIR shall be applied to the project as conditions of approval as set forth in the attached MEIR Mitigation Measure Monitoring Checklist (See "Master Environmental Impact Report (MEIR) SCH No. 2012111015 for the General Plan, Mitigation Monitoring Checklist".) Public notice has been provided regarding staff's finding in the manner prescribed by Section 15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). September 30 2016 Is el Trej , Planner Date City of Fresno Attachments: Notice of Intent to Adopt a Finding of Conformity Appendix G To Analyze Subsequent Project Identified In MEIR No. 2012111015/Initial Study for Environmental Assessment No. C-16-030/T-6099 Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No. C-16-030/T-6099 E201610000288 f! CITY OF FRESNO Filed with: I NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT Vesting Tentative Tract Map No. 6099 ! Conditional Use Permit No. C-16-030 FRESNO COUNTY CLERK -- - - 2220 Tulare Street, Fresno, CA APPLICANT: 93721 Las Brisas Builders Inc. 1396 West Herndon Avenue, #101 Fresno, California 93711 L ED ........... PROJECT LOCATION: SEP 3 0 2016 PPE Located on the northwest corner of East Copper and North t �LIP ON Cedar Avenues, within the Copper River Ranch Planned By_v"W4*� �� Community DEPUTY 36053'46.513" N Latitude, 119045'27.114" W Longitude I (APN 579-090-23) PROJECT DESCRIPTION: Gary Giannetta, on behalf of Las Brisas Builders Inc., has filed Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues, within the Copper River Ranch Planned Community. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential subdivision. Conditional Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The application is consistent with the planned land use of medium high density residential as designated by both the Fresno General Plan and the Woodward Park Community Plan. The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report (MEIR) SCH No. 2012111015 and Program EIR No. 10126 prepared for the Copper River Ranch Project. Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. With the mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR and Program EIR No. 10126 prepared for the Copper River Ranch Project. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management E201610000288 E201610000288 Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional information on the proposed project, including the MSIR and Program EIR No. 10126 prepared for the Copper River Ranch Project, proposed environmental finding and the initial study may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604. Please contact Israel Trejo at (559) 621-8044 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on November 1, 2016. Please direct comments to Israel Trejo, Planner, City of Fresno Development and Resource Management Department, City Hall, 2500 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Israel.Trejo@fresno.gov; or comments can be sent by facsimile to (559) 498-1026. INITIAL STUDY PREPARED BY. SUBMITTED BY: Israel Trejo, Planner N Will Tack Supervising Planner DATE: September 30, 2016 CITY OF RESNO PLANNING AND DEVELOPMENT DEPARTMENT E201610000288 APPENDIX G TO ANALYZE SUBSEQUENT PROJECT IDENTIFIED IN MEIR SCH No. 2012111015/INITIAL STUDY Environmental Checklist Form for: EA No. T-6099/C-16-030 1. Project title: Conditional Use Permit No. C-16-030 Vesting Tentative Tract Map No. 6099 Z Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno,_CA 93721 3. Contact person and phone number: Israel Trejo, Planner City of Fresno Development & Resource Management Dept. (559) 621-8044 4_ Project location: Located on the northwest corner of East Co ei- and North Cedar Avenues. in the City and County of Fresno, California Assessor's Parcel Number(s): 579-090-23 5. Project sponsor's name and address: Las Brisas Builders 1396 West Herndon Avenue #101 Fresno, California 93711 6. General plan designation: The Woodward Park Community Plan and the Fresno General Plan designate the subiect property for medium high density residential planned land uses -1- 7. Zoning: RM-1/CZ Residential Multi-Family District/Conditions of Zoning) 8. Description of project: A 91 lot, gated single-family residential subdivision with private streets and modified property development standards 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Medium Low Density RS-4 Single-Family Residential Single-Family Residential Residential East Public Facilities PI Ponding Basin Public and Institutional South Ponding Basing Open 0S Ponding Basin Space Open Space west Urban Neighborhood RM-2 Vacant Residential Multi-Family Residential 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): City of Fresno (COF) Department of Public Works; COF Department of Public Uitlities� COF Building and Safety Services Division; COF Fire Department; Fresno Metropolitan Flood Control District; and, San Joaquin Valley Air Pollution_ Control District. -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Pursuant to Public Resources Code Section 21157.1(b) and CEQA Guidelines 15177(b)(2), the purpose of this MEIR initial study is to analyze whether the subsequent project was described in the Master Environmental Impact Report SCH No. 2012111015 and whether the subsequent project may cause any additional significant effect on the environment, which was not previously examined in MEIR prepared for the Fresno General Plan. The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Agriculture and Forestry Aesthetics Resources Air Quality Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Hazards & Hazardous Emissions Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise ................... Population /Housing Public Services Recreation Mandatory Findings of Transportation/Traffic Utilities/Service Systems Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR because it would have no additional significant effects that were not examined in the MEIR such that no new additional mitigation measures or alternatives may be required. All applicable mitigation measures contained in the Mitigation Monitoring Checklist shall be imposed upon the proposed project. A FINDING OF CONFORMITY will be prepared. I find that the proposed project is a subsequent project identified in the MEIR but that it is not fully within the scope of the MEIR because the proposed project could have a significant effect on the environment that was not examined in the MEIR. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Monitoring Checklist will be imposed upon the proposed project. A MITIGATED NEGATIVE DECLARATION will be prepared. -3- I find that the proposed project is a subsequent project identified in the MEIR but that it MAY have a significant effect on the environment that was not examined in the MEIR, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the potentially significant effects not examined in the MEIR or Air Quality MND pursuant to Public Resources Code Section 21157.1(d) and CEQA Guidelines 15178(a). �J X September 30, 2016 Signature Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MEIR or Air Quality MND: 1. For purposes of this MEIR Initial Study, the following answers have the corresponding meanings: a. "No Impact" means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the MEIR. b. "Less Than Significant Impact" means there is an impact related to the threshold under consideration that was not previously examined in the, but that impact is less than significant; c. "Less Than Significant with Mitigation Incorporation" means there is a potentially significant impact related to the threshold under consideration that was not previously examined in the MEIR, however, with the mitigation incorporated into the project, the impact is less than significant. d. "Potentially Significant Impact" means there is an additional potentially significant effect related to the threshold under consideration that was not previously examined in the MEIR. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). -4- 3. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. A "Finding of Conformity" is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR because it would have no additional significant effects that were not examined in the MEIR. 6. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 7. Earlier analyses may be used where, pursuant to the tiering, program EIR or MIER, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 8. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. -5- 9. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 10.This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 11.The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance ............. ... Potentially Less Than Less Than ENVIRONMENTAL ISSUES Significant Significant Significant No with Mitigation Impact Impact Incor orated Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? x b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and x historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site x and its surroundings? - - d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the x area? As noted within the Master Environmental Impact Report for the Fresno General Plan, a scenic vista is a viewpoint that provides a distant view of highly valued natural or man- made landscape features for the benefit of the general public. Scenic vistas within the Fresno area could provide distant views of the foothills of the Sierra Nevada Mountain Range. The site is located within an area which has been substantially developed, including the Copper River Ranch development. The project has a substantial setback -6- from the bicycle/pedestrian trail along East Copper Avenue. Development on the subject site would be consistent with existing development in the area and required to comply with the height standards of the applicable zone district, therefore this project is expected to have a less than significant impact on a scenic vista. The project is not performing any work within a state scenic highway, therefore, the project will not substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway. The project is proposing residential development consistent with the development in the area, therefore, it will not substantially degrade the existing visual character or quality of the site and its surroundings. Furthermore, development of the site will not create a new source of substantial light or glare which would affect day or night time views in the project area, given that the project will only have lights consistent with other residential locations in the area. Lighting associated with urban development does not generally create hazards or nuisance effects, but provides accent, direction and securit . Potentially Less Than Less Than ENVIRONMENTAL ISSUES Significant Significant with Significant No Mitigation Impact Impact Incorporated Impact II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. -- Would the project. a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the x Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act x contract? -7 � Potentially Less Than ENVIRONMENTAL ISSUES Significant SiLess Than gnificant with Significant No Mitigation Impact Impact Incorporated Impact c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code x section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? _ d) Result in the loss of forest land or conversion of forest land to non- x forest use? P() Involve other changes in the existing environment which, due to their location or nature, could result x in conversion of Farmland, to non- agricultural use? The subject property is deemed Vacant or Disturbed Land, therefore it will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared (2014) pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use. The project site is zoned for residential uses and does not have a Williamson Act contract. The site is zoned for residential uses, therefore it will not conflict with existing zoning for, or cause rezoning of, forest land or timberland. The project has a less than significant impact on the potential to facilitate the conversion of farmland because there is no farmland within the immediate vicinity of the subject site. -8- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated III. AIR QUALITY AND GLOBAL CLIMATE CHANGE - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) - Would the project: a) Conflict with or obstruct implementation of the applicable air x quality plan? b) Violate any air quality standard or contribute substantially to an existing x or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient x air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? x e) Create objectionable odors affecting a substantial number of x people? The subject project proposes single family residential houses on land that is planned for residential uses in the Fresno General Plan. Emissions projected to occur from the entire Copper River Ranch project will account for only a small amount of pollutants over the San Joaquin Valley Air Basin. As a mixed use community, the Copper River Ranch project contains many design characteristics to reduce overall air emissions. -9- Mixed uses near the subject site include commercial, parks, golf course, and an elementary school. A system of bike and pedestrian trails will link much of the Copper River Ranch project, increasing the likelihood of using alternative transportation modes. The project will not occur at a scale or scope with potential to contribute substantially to existing or projected air quality violations, impacts, or increases of criteria pollutants, for which the San Joaquin Valley region is under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). The proposed project will comply with all applicable air quality plans; therefore the project will not conflict with or obstruct an applicable air quality plan. The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD), therefore, no violations of air quality standards will occur. Development of the subject property will not expose sensitive receptors to substantial pollutant concentrations, as the project is similar to many projects in the area and there are no substantial pollutant concentrations in the area; additionally, the project is not expected to create substantial pollutant concentrations. The proposed project must fully comply with Rule 9510 from the San Joaquin Valley Air Pollution Control District (SJVAPCD). This Rule (also called Indirect Source Review or ISR) provides for incorporation of a wide range of mitigation measures into projects, and levies fees for pollutants generated by development projects, transportation and development projects. The fees are used to provide for regional air quality improvements and mitigations. The project is proposing residential uses consistent with the area, therefore, it is not expected to create objectionable odors affecting a substantial number of people. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? -10- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean 1 Water Act (including, but not limited X to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? Twelve species including the White-tailed Kite, Sharp-shinned Hawk, Merlin, Prairie Falcon, California Horned Lark, and Tri-colored Blackbird occur regionally and may typically use habitats similar to those found in the Copper River Ranch project area. -11- These species would be expected to pass over the Copper River Ranch project area, or venture on to it while foraging. Most of the Copper River Ranch project area, however, provides marginal habitat for these species, at best. Although a small area of non- native grassland provides suitable foraging habitat for some of these species, it does not provide uniquely important habitat for them. The presence of large areas of similar habitat in the project vicinity ensures that the Copper River Ranch project will have little or no effect on regional populations of these 12 species. As required by EIR No. 10126 prepared for the Copper River Ranch project: 1) a qualified biologist shall conduct a preconstruction survey for Burrowing Owls no more than 30 days prior to project construction, 2) If preconstruction surveys undertaken during the non-breeding season locate resident owls, these individuals may be relocated to alternative habitat, and 3) a qualified biologist shall conduct a preconstruction survey for Northern Harriers no more than 30 days prior to project construction. As such, the project is expected to be less than significant regarding the effect on any sensitive, special status, or candidate species, and the habitat that supports them. As required by EIR No. 10126 prepared for the Copper River Ranch project, a qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno. As such, the project is not expected to have a substantial adverse effect on any riparian habitat or other sensitive natural community. Also, as noted in EIR No. 10126 prepared for the Copper River Ranch project, seasonal wetland swales and northern hardpan vernal pools were noted as being present in certain locations within the Copper River Ranch project area, though not necessarily on the subject property. The United States Army Corps of Engineers (USACE) asserts jurisdiction over these habitats. The applicant has received a permit from the USACE aggregating the wetlands resources of the Copper River Ranch project. As such, no federally protected wetlands are located on the subject site. Therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. The project area is not situated within an apparent movement corridor for native wildlife, although some species move within and through it. The proposed project does not contain a native wildlife nursery site. No local policies, habitat conservation plan, regarding biological resources are applicable to the subject site and there would be no impacts with regard to those plans. Less Than I Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated V. CULTURAL RESOURCES -- Would the project: -12- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated a) Cause a substantial adverse change in the significance of a X historical resource as defined in '115064.5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or X site or unique geologic feature? d) Disturb any human remains, including those interred outside of X formal cemeteries? The project proposes a use (residential) that substantially exists in the vicinity, and there is no historical resource in the area, therefore it is not expected to cause a substantial adverse change in the significance of a historical resource. As noted in the EIR No. 10126 prepared for the Copper River Ranch project, the project area underwent a systematic and intensive cultural resource investigation which did not reveal the presence of cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) on the subject property. Past record searches for the region have not revealed the likelihood of cultural resources on the subject property or in its immediate vicinity. It should be noted however that lack of surface evidence of historical resources does not preclude the subsurface existence of archaeological resources. Therefore, due to the ground disturbing activities that will occur as a result of the project, pursuant to the conditions of approval for the project, if material that may be human remains, animal fossils, or archaeological material is encountered, work shall stop immediately; and, that qualified professionals in the respective field are contacted and consulted in order to insure that the activities of the proposed project will not involve physical demolition, destruction, relocation, or alteration of historic, archaeological, or paleontological resources. -13- . ....... _ Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on X other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? c) Be located on a geologic unit or , soil that is unstable, or that would become unstable as a result of the X project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), , X creating substantial risks to life or pry operty? -14- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X systems where sewers are not available for the disposal of waste water? Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special Studies Zones. There are no known geologic hazards or unstable soil conditions known to exist on the site. The project site is not located within an area that has strong seismic ground shaking, liquefaction or landslides. Although the project development would include re-vegetation and landscaping that would eventually decrease erosion of soils over the life of the project, disruption of surface soils through excavation, cut and fill, and grading associated with project construction would result in erosion and sedimentation impacts. Significant grading, and cut and fill activity would be necessary to implement the proposed project. The City of Fresno requires preparation of a grading plan which incorporates temporary stabilization measures to protect exposed areas during construction activities, watering to control dust, and soil erosion, and sedimentation control measures. The developer will be responsible for measures to mitigate impacts to water quality in local creeks from erosion, and must also meet water quality standards for the State of California. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards, therefore the project is not expected to be unstable. Additionally, pursuant to the conditions of approval, as required by the EIR No. 10126 prepared for the Copper River Ranch project, a qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno. All new structures are required to conform to current seismic protection standards in the California Building Code. Septic tanks or alternative waste water disposal systems will not be a part of the project. r Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated VII. GREENHOUSE GAS EMISSIONS --Would the project. .-......... -1 -15- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significantwith Significant Impact Impact Mitigation Impact Incorporated a) Generate greenhouse gas emissions, either directly or indirectly, X that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the X purpose of reducing the emissions of greenhouse gases? The proposed project will not occur at a scale or scope with potential to contribute substantially to the generation of greenhouse gas emissions, either directly or indirectly. The proposed project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Under the MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases may be reduced along with other regulated air pollutants. The proposed project will not affect greenhouse gas emissions beyond what was analyzed in the Master Environmental Impact Report for the Fresno General Plan. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant . Impact Impact Mitigation Impact Incorporated VIII. HAZARDS AND HAZARDOUS MATERIAL -- Would the project: a) Create a significant hazard to the public or the environment through the X routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? -16- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 X and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project result in a safety hazard for people residing or j working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g) Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? -17- The proposed project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, because said project does not involve the use of hazardous materials; additionally, as such, there is no significant hazard to the public or the environment through an accident. The project is a residential use, therefore it is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. There are no known existing hazardous material conditions on the site and the project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project area is not located within an airport land use plan, nor is it located within two miles of a public airport or public use airport (the project area is not located in the vicinity of a private airstrip). The project is not within the vicinity of a private airstrip, therefore, it would not result in a safety hazard for people residing or working in the project area. The project is proposing a residential use on private property, therefore the project is not expected to interfere with an adopted emergency plan. The project will be required to comply with Fire Department requirements, including, providing two points of access. The project area is not located near a wildland area, therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires; though there are large amounts of vacant land in the project vicinity, the land is regularly disced for weeds and dry brush, etc. _. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge X requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the X production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? -18- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant ' with Significant Impact Impact Mitigation Impact Incorporated c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater X drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade X water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or X Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would X impede or redirect flood flows? -19- ............. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES 1 Significant with Significant Impact Impact Mitigation Impact Incorporated ... ......... .................................... ......... i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding X as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or X mudflow? -20- The proposed project is a residential project (91 lots), consistent with development in the surrounding area, and, as such, the project is not expected to violate water quality standards of waste discharge requirements. The project is proposing residential uses and is therefore, not expected to substantially degrade water quality or waste discharge requirements. . The 2010 Urban Water Management Plan (UWMP) was adopted by the City Council in November 2012. It describes the current and planned water conservation programs, provides a water shortage contingency plan should it need to be implemented in the event of a severe water shortage or water supply emergency and a future water supply plan for a variety of water sources including treated surface water, groundwater and recycled water. Also included in this 2010 UWMP is an aggressive water conservation plan to reduce demand throughout the City's service area. City water wells, pump stations, recharge facilities, water treatment and distribution systems have been expanded incrementally to mitigate increased water demands and respond to groundwater supply challenges. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The City of Fresno Department of Public Utilities, Water Division has reviewed the proposed project and has determined that water service is available to serve the proposed project. The FMFCD has indicated that there is permanent drainage service to serve the project and the project must comply with FMFCD regulations. As such, the project is not expected to substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. Development of the property requires compliance with grading and drainage standards of the City of Fresno and FMFCD, as such, the project is not expected to substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site. The project is required to comply with the requirements of the FMFCD, therefore, it is not expected to create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is proposing residential uses and is therefore, not expected to substantially degrade water quality. Additionally, pursuant to the conditions of approval, as required by the EIR No. 10126 prepared for the Copper River Ranch project, a qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno. As noted within the memo from the FMFCD, the project does not appear to be located within a flood prone area. The project is not located near a levee or dam, therefore it will not expose people or structures to a significant risk of loss, injury or death involving flooding. Additionally, the subject property is not located in an area subject to inundation by seiche, tsunami or mudflow. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant NO Impact Mitigation Impact Impact Incorporated -21- X. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local X coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X community conservation plan? The project proposes to develop 91 lots within a developing area and does not have the capability to divide an established community. The proposed project is consistent with the applicable Fresno General Plan and Woodward Park Community Plan planned land use designation and does not conflict with any applicable land use plan adopted for the purpose of avoiding or mitigating an environmental effect. The project will not conflict with any conservation plans since it is not located within an conservation plan.areas. . Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local ' X general plan, specific plan or other land use plan? -22- The subject property is not located in an area designated for mineral resource preservation or recovery. i Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated XII. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local X general plan or noise ordinance, or applicable standards of other j agencies? b) Exposure of persons to or generation of excessive groundborne X vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in X the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working in the project area to excessive noise levels? -23- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? In developed areas of the community, noise conflicts often occur when a noise sensitive land use is located adjacent to a noise generator. Noise in these situations frequently stems from on-site operations, use of outdoor equipment, uses where large numbers of persons assemble, and vehicular traffic. Some land uses, such as residential dwellings, are considered noise sensitive receptors and involve land uses associated with indoor and/or outdoor activities that may be subject to stress and/or significant interference from noise. The City of Fresno Noise Element of the Fresno General Plan establishes a land use compatibility criterion of 65dB DNL for exterior noise levels in outdoor activity areas of new residential developments. Outdoor activity areas generally include backyards of single family residences. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. Furthermore, the Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. The project is similar with other residential projects in the area and has a significant setback from the major street (East Copper Avenue). The project is not expected to expose persons to noise levels in excess of current standards. A residential development is not a significant noise generator, therefore it will not generate noise levels established in the General Plan. Construction activities associated with the development of the proposed project could expose persons or structures to excessive groundborne vibration or noise levels. However, this would only be during the construction phase of the proposed project. The proposed project is not located within an airport land use plan or within the vicinity of a private airstrip. The project will be required to comply with all noise policies from the Fresno General Plan and noise requirements within the Fresno Municipal Code. -24- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated XIII. POPULATION AND HOUSING - -Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes X and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? _ ..._.........._ c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Although the project will be intensifying the use of the currently undeveloped site, development may occur at an intensity and scale that is permitted by the planned land use designation and zone district classification for the site. Thus, the subdivision of the subject property in accordance with the subject application will not facilitate an additional intensification of uses beyond that which would be allowed by the low density planned land use designation. The subject property is vacant and will, therefore, not displace existing housing or people. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact j Incorporated XIV. PUBLIC SERVICES -- -25- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Drainage and flood control? X Parks? X Schools? X Other public services? X The Department of Public Utilities has reviewed the proposed project and has determined that adequate sewer, water, and solid waste facilities are available subject to compliance with the conditions submitted by the Department of Public Utilities for this project. City police and fire protection services are also available to serve the proposed project. The FMFCD has indicated that permanent drainage is available to serve the project; additionally, the project must comply with the conditions submitted by the District for the proposed project. Development of the property requires compliance with grading and drainage standards of the City of Fresno and FMFCD. Pursuant to the conditions of approval, as required by the EIR No. 10126 prepared for the Copper River Ranch project, a qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno Various departments and agencies have submitted conditions that will be required as conditions of approval for the subject entitlement application (tract map). All conditions of approval must be complied with prior to occupancy. Any urban residential development occurring as a result of the proposed project will have an impact on the District's student housing capacity. The developer will pay appropriate school fees at time of building permits. -26- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of X recreational facilities which might have an adverse physical effect on the environment? The project is proposed at a size and scope (91 lots) which is not expected to result in the substantial physical deterioration of existing parks or recreational facilities. The project does not propose recreational facilities at a size or scope which is expected to have an adverse physical effect on the environment. ..................................— Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated XVI. TRANSPORTATION/TRAFFIC - - Would the project: j -27- ..........- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incor op rated a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass X transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand X measures or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? -28- -------------- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian X facilities, or otherwise decrease the , performance or safety of such facilities? The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed single family residential development and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in MEIR. The project will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The project will not conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures; the project will be required to a pay applicable traffic impact fees. The project is not located near an airport, therefore it will not change air traffic levels. The proposed streets were reviewed by the Department of Public Works and are not expected to create hazards. Any deviations from the standard must be approved by the Department of Public Works. The Fire Department has conditioned the project to provide a second point of access, therefore there will not be inadequate emergency access. The project will not conflict with adopted policies or plans regarding public transit, bicycle or pedestrian facilities because said features are incorporated into the conditions of approval for the project. Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Mitigation Impact Impact Incorporated XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? -29- Less Than Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact Incorporated b) Require or result in the construction of new water or wastewater treatment facilities or X expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, X or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related X to solid waste? The wastewater treatment facility within the Copper River Ranch project will accommodate the wastewater flow from this project. The North Fresno Water Reclamation Facility (NFWRF) was built sufficient to provide 0.83 million gallons per day -30- (mgd) of wastewater treatment capacity. The Department of Public Utilities has determined that adequate sanitary sewer and water services will be available to serve the proposed project subject to the provision and construction of standard connections, extensions, and installations of facility infrastructure; compliance with the Department of Public Utilities standards, specifications, and policies. The project area has sufficient water supplies available to serve the project from existing resources. The project was reviewed and conditioned for approval by the Solid Waste Division. The project is proposed at a size and scope which will not require new water or wastewater treatment facilities of which could cause significant environmental effects. The Fresno Metropolitan Flood Control District has indicated that there are adequate facilities to serve the proposed project subject to compliance with the conditions submitted by the District for the proposed project, which will not cause significant environmental effects. The solid waste division has conditioned the project and has sufficient capacity to accommodate the project's needs. The project is required to comply with federal, state and local statutes and regulations related to solid waste. Less Than Potentially Significant Less Than . No ENVIRONMENTAL ISSUES Significant with Significant Impact Impact Mitigation Impact incorporated XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or . X animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? -31- Less Than ` Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable futureprojects)? c) Does the project have environmental effects which will cause substantial adverse effects on X human beings, either directly or indirectly? ........ ... The proposed project is considered to be proposed at a size and scope which is neither a direct or indirect detriment to the quality of the environment through reductions in habitat, populations, or examples of local history (through either individual or cumulative impacts). The proposed project does not have the potential to degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or faunal species. Furthermore the project has no potential to eliminate important examples of major periods in history. Therefore, as noted in preceding sections of this Initial Study, there is no evidence in the record to indicate that incremental environmental impacts facilitated by this project would be cumulatively significant. There is also no evidence in the record that the proposed project would have substantial adverse impacts directly, or indirectly, on human beings. -32- -0 L 0) c a) o c o I U N � M LL 1 O> R) O +r c :L- 0 0 � c0_ E W U o o CL � � Lf o cn LW—L � cIL N p +r aQ - a) c tG W co � f moo .` m E-- T7 V � - •c - � 0 Na > V �_ p a) o Q N Q X C7 LU Lo o � � COQ a`)) a) a HQ � � � � aZ c O V > � " 2 tC r a) � c Zm 4,05 � c I— Or QmC) aWLL � CL 0 Q � o m � E m EQ N cn 0 cn M E c 0_ L a) � O W ca ' N a LL U _O O " � N — CLQ � R •— a ? > O c: C O c >,= a) 70 ?� M ' S Q V Z U c o o v c O > 0 0 0 0 W Q c U � c to m p u) cU a) Cl) ALL U cn cn > a) W JN X � ca Y � O F" m .�+ Q W Q- m U W M O_ N >+ W W � 0) N H a) 0 o) a) "O ,_ Cl) cC ZQ a) � c � t �_ U W D � 0') (n �' 0 E 0 ?� W O V N ? 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T-6130/C-16-052 Pursuant to Section 15164 of CEQA guidelines Dated November 23, 2016 Gary Giannetta, on behalf of Las Brisas Builders, has filed Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues. Rezone Application No. R-16-016 is a proposal to rezone the subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential planned development subdivision. Conditional Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6099 proposes a 91 lot single-family residential subdivision on approximately 11.80 acres at a density of 7.71 dwelling units per acre. Pursuant to Conditional Use Permit Application No. C-04-153, the Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.0 of the Fresno Municipal Code. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan. Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 were initially submitted without Rezone Application No. R-16-016 (Environmental Assessment No. T-6099/C-16-030 was also prepared prior to the submittal of Rezone Application No. R-16- 016). However, pursuant to section 15-5903.D of the Fresno Municipal Code, where a Planned Development (PD) has been approved, the property subject to the PD shall be noted on the zoning map by the designation "PD". The intent of the proposed rezone is merely a request to add the "PD" (Planned Development) designation to the existing zone designation. No changes to the project site will occur with the addition of the "PD" designation. The subject property is proposed to be developed at an intensity and scale that is permitted by the Medium High Density Residential (5.00 to 12.00 dwelling units per acre) planned land use designation for the subject site as allowed pursuant to section 66474.2 of the Subdivision Map Act and Section 15-310.0 of the Fresno Municipal Code. Thus, the subdivision of the subject property in accordance with Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. Therefore, the Development and Resource Management Department proposes to have adopted this addendum to Environmental Assessment No. T-6099/C-16- 030 dated September 30, 2016. Environmental Assessment No. T-6099/C-16-030 and the Program EIR No. 10126, related to the Copper River Ranch Project, contain mitigation measures which the project applicant must abide by. A subsequent environmental assessment to EA No. T-6099/C-16-030 was not prepared for Rezone Application No. R-16-016, since no substantial changes are proposed with this addition (rezone) to the project which require changes to the existing environmental assessment, no substantial changes have occurred with respect to the circumstances under which the environmental assessment was prepared, and there is no new information of substantial importance regarding the proposed project, as noted within Section 15162 of CEQA guidelines. Therefore, this addendum to Environmental Assessment No. T-6099/C-16-030 is appropriate.