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HomeMy WebLinkAboutPM 2004-29 - Conditions of Approval - 12/28/2005 City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: June 3, 2005 TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARD, Planning Manager Planning Division FROM: Paul Bernal, PlanneIII Planning Division SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-29, WHICH PROPOSES TO CREATE FOUR PARCELS FOR PROPERTY LOCATED ON THE SOUTH EAST CORNER OF EAST DAKOTA AND NORTH ARMSTRONG AVENUES BACKGROUND Vesting Tentative Parcel Map No. 2004-29, dated April 28, 2005, proposes to create four parcels for approximately 158.64 acres of property generally bound by East Dakota and East Shields Avenue, and North Armstrong and North Temperance Avenues. The 2025 Fresno General Plan and the McLane Community Plan designate the parcel for medium density residential land uses and public facility/elementary school. The applicant has also filed Rezone Application No. R-04-92 and Vesting Tentative Tract Map No. 5427/UGM, which are currently in process with the Planning and Development Department. The rezone application is requesting to rezone approximately 158.64 acres from the R-A/UGM (Single Family Residential- Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential DistrictlUrban Growth Management) zone district. The tract map is proposing to subdivide a portion of the 158.64 acres into a 345-lot, single-family residential subdivision. Given that the site is zoned R-A/UGM, staff will require that the applicant record a covenant that shall require that the subject property be developed in accordance with Vesting Tentative Tract Map No. 5427/UGM and Rezone Application No. R-04-92. Furthermore, the subject property shall be developed in accordance with Table 2 of the 2025 General Plan (Planned Land Use and Zone District Consistency Matrix)and pursuant to Section 12-403 of the Fresno Municipal Code. The covenant shall run with the land and shall be recorded in the Office of the County Recorder. The subject parcel map would help facilitate the development of the site given that it will provide the applicant with the option of developing the site in phases: In addition, it will allow residential developmerit of the property consistent with planned land use of the 2025 General Plan and McLane Community Plan. Vesting Tentative Parcel Map No. 2004-29 June 3, 2005 Page 2 REQUIRED FINDINGS The initial study prepared for Environmental Assessment No. TPM-2004-29 considered potential environmental impacts associated with the tentative parcel map. Environmental Assessment No. TPM-2004-29, resulting in a Class 15 Categorical Exemption(Section 15315/Minor Land Division) was filed on June 3, 2005 with the City Clerk. Staff determined that a Class 15 Categorical Exemption was appropriate given that the division consisted of dividing land into four or fewer parcels; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the division of land was not involved in a division of a larger parcel within the previous 2 years; and the parcels do not have an average slope greater than 20 percent. Staff has determined that no adverse environmental impacts would occur as a result of the proposed project and is, therefore, exempt from the provisions of CEQA under the Class 15 category. STATE SUBDIVISION MAP ACT ' The Subdivision Map Act (California Government Code Section 66410 et. seq.) requires that a proposed parcel map not be approved unless the map,together with its design and improvement,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 parcel map be denied approval if any one of the Finding Nos. 2-5, below, is made in the negative. 1. The proposed parcel map, together with its design and improvements is consistent with the 'City's 2025 General Plan and the McLane Community Plan which designate the site for medium density residential and public facility/elementary school planned land uses. Furthermore, staff will require that the applicant record a covenant which will require that any development be in compliance with Table 2 of the 2025 General Plan (Planned Land Use and Zone District Consistency Matrix)and to Section 12-403 of the Fresno Municipal Code. As a result, the covenant will prohibit development that does not meet the City's density requirements. 2. - The site is physically suitable for the proposed type and density of development because of the flat terrain of the site and adequate access and drainage on and off the site. 3. The proposed parcel map design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat because the development of the area will allow for suitable habit for small animals(i.e.birds) commonly found in urban areas. 4. The proposed parcel map 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. Y 5. The proposed parcel map 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. Vesting Tentative Parcel Map No. 2004-29 June 3, 2005 Page 3 Staff, based on its own analysis, has determined that the parcel map, subject to the recommended conditions of approval,otherwise complies with the design and property development standards of the Zoning Ordinance and local Parcel Map;Ordinance and recommends the approval of the parcel map. DIRECTOR DETERMINATION 1. Based upon the above analysis,the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2004-29 dated April 28, 2005, is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Director hereby grants approval of Vesting Tentative Parcel Map No. 2004-29 dated April 28, 2005, subject to the conditions of approval dated June 3, 2005, and to become effective on ,'2005. . Yovino, Director Date .1 4' CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JUNE 3, 2005 VESTING TENTATIVE PARCEL MAP No. 2004-29 Southeast corner of East Dakota and North Armstrona Avenue NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications,reservations or exactions imposed on the development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2004-29, dated April 28, 2005, the subdivider may prepare a Final Parcel Map in accordance with the approved tentative map. Note that a final parcel map may not be filed until the appeal period has expired. Should an appeal be filed pursuant to Section 12-1207 of the FMC,the application will be scheduled to be heard before the City of Fresno Planning Commission. The appellant may withdraw their appeal pursuant to Section 12-1207.2 of the FMC. Concurrent with the filing of a final map and when the provisions of Section 66436 of the Subdivision Map Act apply, the subdivider is responsible to send, by certified mail, a sketch of the proposed final map, together with a copy of SMA Section 66436(a)(3)(A), to any public entity or public utility which has previously acquired a right-of-way easement. LEGAL STATUS OF SITE TO BE.SUBDIVIDED 1. The parcel map site,was legally created as the southeast quarter of Section 22, Township 13 South, Range 21 East,otherwise described as the southeast quarter of Francher's Colony,in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 4, Page 63 of Plats, Fresno County Records. Excepting therefrom a one-half in all oil, gas, minerals and other hydrocarbon substances in and under said land as reserved by Eula P. Niswander, a widow, in Deed recorded February 7, 1952 in book 3120 Page 535, of Official Records PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the.McLane Community Plan designate the parcel for medium density residential land uses and public facility/elementary school. Rezone Application No. R-04-92 and Vesting Tentative Tract Map No. 5427/UGM, have been filed concurrently with the parcel map, and are currently in process with the Planning and Development Department. The rezone application is a request to rezone the subject site from A Conditions of Approval Vesting Tentative Parcel Map No. 2004-29 June 3, 2005 Page 2 the R-A/UGM (Single Family Residential—Agriculture DistricbUrban Growth Management) zone district to the R-1/UGM(Single Family Residential District/Urban Growth Management) zone district. The tentative tract map is proposing to subdivide a portion of the site into a 345- lot, single-family residential subdivision. The subject parcel map would help facilitate the development of the site given that it will allow the applicant to develop the project in phases, and will allow residential development of the property consistent with planned land use of the 2025 General Plan and McLane Community Plan. 3. A covenant,to be prepared by the City, is required. The covenant shall require that at the time of development, the subject site shall be developed in accordance with Vesting Tentative Tract Map No. 5427/UGM and Rezone Application No. R-04-92. In addition, the subject property shall be developed in accordance with Table 2 of the 2025 General Plan (Planned Land Use and Zone District Consistency Matrix)and pursuant to Section 12-403 of the Fresno Municipal Code. The covenant shall run with the land and shall be recorded in the Office of the County Recorder. Submit a copy of a recorded grant deed identifying ownership and pay. a fee of$520.00(or fee at the time of submittal of the noted documents in accordance with the adopted Master Fee Schedule)to the Planning and Development Department. ZONING 4. Comply with provision of the State of California Government Code Sections 66410-66499.58 (the Subdivision Map Act) and the City of Fresno Municipal Code Chapter 12, Article 10 (Subdivision of Real Property). 5. The proposed parcels will be consistent with the proposed R-1/UGM (Single Family Residential/Urban Growth Management) zone district, subject to compliance with Condition - No. 3, above. GENERAL CONDITIONS 6. All off-site and public improvements shall be constructed in accordance with the Public Works Department Standards, Specifications and Policies. Engineered construction plans and estimates for all or part of the required work shall be required prior to the issuance of Street Work Permits unless otherwise determined by the City Engineer. The cost for such plan preparation, review and construction inspection shall be at the subdivider's expense. 7. Any existing utilities, including but not limited to,street lights,traffic signals,fire hydrants, poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction with the construction of these off-site improvement requirements,shall be the responsibility and at the expense of the subdivider. 8. All existing overhead utilities, including but not limited to, electrical systems, communication systems and street lighting systems shall be placed underground in accordance with the provisions of Section 12-1011, and Section 8-801 of the Fresno Municipal Code, Resolution No. 78-522/88-229, and the policies of the Public Works Department. Conditions of Approval Vesting Tentative Parcel Map No. 2004-29 June 3, 2005 Page 3 9. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s)serving the development. The type, location and service for'street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 10. Sidewalks (including wheelchair ramp landings) and driveway approaches, for undeveloped parcels of this parcel map, shall be required and constructed at the time of site development. 11. Whenever covenants or agreements are required,they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Qffice and shall be recorded with the final parcel map. 12. Telephone, cable, and other public utilities which propose above-ground facilities (such as cabinets)determined by the Planning and.Development Director to be oversized shall be located in an additional easement area outside of the required landscape strip. 13. All work and engineered plans for public improvements shall conform to the 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution Nos. 84-361) and any amendments thereto, hereinafter referred to as the "Public Works Standards." 14. The subdivider shall dedicate and construct public easements to facilitate the construction of curbs, gutters, sidewalks with street tree wells and irrigation systems (when applicable), permanent pavement, street/safety lighting, bus bays, right turn lanes, bike lanes, bike paths, multi-purpose trail, wheelchair ramps and public utilities in accordance with City plans, ordinances, resolutions and policies, and the Standard Specifications of the Public Works Department within the limits of the parcel map. 15. Existing improvements that are not to the planned alignment shall-be-removed and required improvements installed to the new street alignment and grade. Existing improvements to remain in place shall be repaired if determined to be damaged and/or off grade by the City Engineer. Existing driveway approaches not identified for current or future utilization shall be removed and sidewalk(when applicable), curb and gutter shall be installed to match existing or proposed street line and grade as determined by the City Engineer. 16. A minimum four-foot wide clear path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code as determined by the City Engineer. An on-site pedestrian easement and construction of a path may be required if Title 24 provisions cannot be met within the public rights-of-way. All such public easements shall be identified and dedicated with the processing and recordation of the Final Parcel Map and/or at the time of Special Permit review for the proposed development of the parcel(s). y' R' T Conditions of Approval Vesting Tentative Parcel Map No. 2004-29 June 3, 2005 Page 4 17. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current CalTrans standards and shall be submitted as a part of the street construction plans for this tentative map to the Public Works Department for review and approval. 18. The subdivider may either construct the required off-site improvements, when required, prior to the approval of the final parcel map;or enter into an agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the approval of the final parcel map. SPECIFIC CONDITIONS FIRE SERVICE 19. The City of Fresno Fire Department has no requirements of Vesting Tentative Parcel Map No. 2004-29. STREETS AND RIGHTS-OF-WAY , 20. Comply with the Department of Public Works Memorandum dated May 12, 2005. East Dakota Avenue (Collector Street): 21. Dedicate 42 —44 feet of property from section line for public street purposes within limits of this parcel map to meet the City of Fresno's Collector Standards. North Armstrong Avenue (Arterial Street): 22. Dedicate 47—55 feet of property from section line for public street purposes within the limits of this map to meet the City of Fresno's Arterial iStandards. East Shields Avenue (Arterial Street): 23. Dedicate 55—57 feet of property from section line for public street purposes within the limits of this map. North Temperance Avenue (Expressway): 24. Dedicate 30 - 46 feet of property from section line for public street purposes within the limits of this map. 25. Dedicate a 36-foot easement for multi-purpose trail, adjacent to above proposed public right-of- way. 26. No direct vehicular access will be allowed to North Temperance Avenue. Conditions of Approval Vesting Tentative Parcel Map No..2004-29 June 3, 2005 Page 5 Urban Growth Management Requirements for Major Streets 27. Vesting Tentative Parcel Map No. 2004-29 is within Urban Growth Management Major Street Zone D-1/E-2. Sanitary Sewer Service 28. The off-site sanitary sewer main extensions foraVesting Tentative Parcel Map No.2004-29 will be addressed with Vesting Tentative Tract Map No. 5427/UGM and all subsequent applications. Water Service 29. The off-site water main extensions for Vesting Tentative Parcel Map No. 2004-29 will be addressed with Vesting Tentative Tract Map No. 5427/UGM and all subsequent applications. FLOOD CONTROL AND DRAINAGE 30. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements, which maybe granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the attached District's letter to the Planning and Development Department dated May 5, 2005. FRESNO IRRIGATION DISTRICT (FID) 31. FID's Gow No. 99 canal traverses the south.side of East Shields Avenue as shown on the enclosed map. 32. The Gow No. 99 canal is being relocated/replaced as required pursuant to Tract Map No. 5233 conditions. 33. FID requests it review all plans for any required improvements that may affect the Gow No. 99 canal. PACIFIC GAS AND ELECTRIC COMPANY(PG&E) 34. Comply with PG&E's letter dated May 2, 2005. DEPARTMENT OF TRANSPORTATION (CALTRANS) 35. Consider Caltrans letter dated May 2, 2005. i P Conditions of Approval Vesting Tentative Parcel Map No. 2004-29. June 3, 2005 Page 6 DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: Fresno Metropolitan Flood Control District FEE/ RATE a. Metropolitan Fiood Control District Fee $32,827.00.. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments are to be completed with development of the project site. ' r P . City of leis Ir 11117111 ij�� PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 - Director (559) 621-8722 FAX(559) 498-1020 June 10, 2005 Please reply to: Paul Bernal (559) 621-8073 Ingels Braun and Associates 875 West Ashlan Avenue, Suite 102 Clovis, California 93611 Dear Applicant: - SUBJECT: NOTICE OF CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-29 DATED APRIL 28, 2005, PROPOSEING A FOUR LOT PARCEL MAP FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF EAST SHIELDS AND NORTH ARMSTRONG AVENUES The City of Fresno Planning Division has completed its review of the subject parcel map dated April 28, 2005. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written to advise that the conditions of approval dated June 3, 2005, are as noted on the attached document. If you have any questions regarding the conditions notify me at 621-8073 no later than June 27, 2005, to request a review of the conditions. Otherwise, the stipulated conditions of approval are in effect as of that date. No further notice will be sent. Appeal: The divider or any aggrieved person may file an appeal regarding the conditions'of approval within fifteen.(15) days from the date of approval. To protest the Director's decision regarding the conditions of approval, you must appeal by filing a written appeal with the Director of the Planning and Development Department. The appeal must include the appellant's interest in/or relationship to the subject property, the decision or action appealed, and specific reasons why the appellant believes the decision or action appealed from should not be upheld. Appeals must be submitted to the Director of the Planning and Development Department prior to 5 p.m. on June 27, 2005. EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2004-29 expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map my not be filed without first processing a new Tentative Parcel Map. Modification of a Vesting Tentative Parcel Map after approval or conditional approval does not extend the two year time limit. T Vesting Tentative Parcel.Map No. 2004-29 June 10, 2005 Page 2 EXTENSION: The divider may request an extension of the tentative map expiration date by filing a written application together with the fee set forth in the Master Fee Schedule at the time of the request with the Director of the Planning and Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of five years. If you wish additional information please contact the City of Fresno Planning and Development Department, Planning Division, 2600 Fresno Street, Third Floor, Fresno, California 93721-3604; phone, 621-8722. Your inquiry should be directed to Paul Bernal. Sincerely, PLANNING DIVISION Paul Bernal a Planner III Current Planning Enclosures: Vesting Tentative Parcel Map No. 2004-29 dated April 28, 2005 Conditions of Approval dated June 3, 2005 Letters from the Department of Public Works dated May 12, 2005, Fresno Metropolitan Flood Control District dated May 25, 2005, Pacific Gas and Electric Company dated May 2, 2005, and Department of Transportation dated May 2, 2005 ' CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. TPM-2004-29 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Patrick V. Ricchuiti Trustee Et. Al. 2917 East Shepherd Avenue Clovis, CA 93611 PROJECT LOCATION: Located on the southeast corner of East Shields and North Armstrong Avenue. PROJECT DESCRIPTION: Vesting Tentative Parcel Map Application No. 2004-29 is a request to subdivide approximately 158.64 acres of property into four parcels. The resulting parcels are consistent with the existing R-A/UGM (Single Family Residential—Agricultural District/Urban Growth Management)zone district.. This project is exempt under Section 15315 (Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315 (Class 15/Minor Land Divisions), allows for the division of property in urbanized areas zoned for residential, commercial, or industrial uses into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all. services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Date: June 3, 2005 Prepared By: Pau al, Plan r Submitted by: CD Gilbe aro T o Planning Manag C:). M n City of Fresno UJ 4.,. y Planning and Development Department (559) 621-8277 LU %o be U � � � J v � 0 City of DATE:. May 12, 2005 TO: Paul Bernal, Planner III Development Department, Planning Division, Current Planning THROUGH: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Gregory A. Jenness, Senior Engineering.Technician Public Works Department, Engineering.Division SUBJECT: Tentative Parcel Map.2004-29, Area bounded by East Dakota Avenue, East Shields Avenue, North Armstrong Avenue and North Temperance Avenue. PUBLIC IMPROVEMENT REQUIREMENTS The Public Works, Traffic Planning Section, has completed its review of Tentative Parcel Map 2005-01, which was submitted by Ingels-Braun and Associates, for Patrick V. Ricchuiti Trustee, ETAL the property owner. The following requirements are to be placed on this Tentative Parcel Map as a condition of approval by the Public Works Department. General Conditions • All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. • Repair or replace all existing damaged and /or off-grade offsite concrete improvements in accordance with the,Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. • Submittal of engineered construction plans to the Planning and Development Department for approval must be made prior to the final map. All required signing and striping shall be installed and paid for by the developer/owner. The signing and striping plans shall comply with the current Caltrans standards and be submitted as a part of the street improvement plans. • Additional offsite improvements will be required at the time of future site plan review. • Curb ramps are required at all corners within the limits of this parcel map. • Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. (Under 10 Acres) Major Streets: East Dakota Avenue: Collector 1. All off site improvements will be done at the time of future entitlements. 2. Dedicate 42'-44' of property, measured from section line, for public street.purposes within the limits of this map. - 1 — L:\Traffic Planning Section\Parcel Maps\TentPM200429 Armstrong Shields Temperance Dakota.doc East Armstrong Avenue: Collector 1. All dedications and off site improvements will be done at the time of future entitlements. 2. Dedicate 47'- 55' of property, measured from section line, for public street purposes within the limits of this map. North Shields Avenue: Arterial 1. All dedications and off site improvements will be done at the time of future entitlements. 2. Dedicate 55'—57' of property, measured from section line, for public street purposes within the limits of this map. North Temporance Avenue: Expressway 1. All dedications and off site improvements will be done at the time of future entitlements. 2. Dedicate 30'—46' of property, measured from section line, for public street purposes within the limits of this map. 3. Dedicate a 36' easement for multi-purpose trail, adjacent to above proposed public right of way. 4. No direct access will be allowed from this map to this roadway. UGM: This Parcel Map is within U.G.M. Major.Street Zone D-1/ E-2. - 2— L:\Traffic Planning Section\Parcel Maps\TentPM200429 Armstrong Shields Temperance Dakota.doc File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager LENNAR FRESNO, INC. Planning & Development Department ATTN: STEVE LUTTON City of Fresno 7690 N. PALM AVE.,-STE 101 2600 Fresno Street FRESNO, CA 93711 Fresno, CA 93721 MAP NO. 2004.-029 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) BV " " - " DRAINAGE AREA " BV " $32,827.00 DATE —Zr —dS DRAINAGE AREA - TOTAL FEE $32,827.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The O 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. The proposed development shall pay drainage fees.pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to O approval of the final map for the fee. _ O 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. O b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under 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. 2004-029 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document r I r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon.compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 4-22 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control 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 "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm.Drain Plan X Final Map X Street Plan X Water&, Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno 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. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 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. 2004-029 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. 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 one,or more acres, and discharges associated with industrial Ma 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, approved August 1999, (modified December 2002.) 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 to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O 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; O 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. 2004-029 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAx(559)456-3194 Two sided document T FRESNO METROPOLITANFLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 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. 7. 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. 8. 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. 9. X See Exhibit No.'2 for additional comments, recommendations and requirements. erald E. La eman, Proj ct Engineer: Jamie Miller District Engineer C: INGELS-BRAUN & ASSOCIATES ATTN: JEFF CALLAWAY 875 W.ASHLAN AVE., STE 102 CLOVIS, CA 93612 2004-029 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX.(559)456-3194 Two sided document TRACT 5461 I Til DRAWING IS SCHEMATIC, DAKOTA DISTANCES ARE APPROXIMATE. I AVE. ------------------------ I �� I 36" 30" — I I _ I I PARCEL D I I I I I I I I I W -------------- ---� W I I PARCEL C I Q Q I I I I I I I I PARCEL'B I I I I � I I I I I I - 7t- ------------- ------ ----- - I W r C) � � � � iI I I I Z01�- ; -� r ------------ - i----------- II W F- I I r I ; I i TRACT r , r TPM I PARCEL A 1 I 5237 I ; 2004-029 II I II I II I i il. -I 2L 42" 36" -----------------=---- _-i14 - SHIELDS AVE. I F LEGEND Master Plan Facilities To Be.Constructed By Developer-Pipeline(size Shown)&Inlet. Master Plan Facilities To Be Constructed By Developer (Also Required Of Tract 5461)-Pipeline(size Shown)&Inlet. _ Master Plan Facilities To Be Constructed By Developer (Also Required Of Tract 5237)-Pipeline(size Shown)&Inlet. �— Future Master Plan Facilities Direction Of Drainage SCALE 111=4001. —————— Inlet Boundary TPM 2004-029 DRAINAGE AREA:"BV" ` ;.;♦ EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY:NEFF DATE 615105 KW doadOWGSVOEJMIBInCRYPN12004029.dn • REVISED BY: — DATE — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual-drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The District recommends a stub street from Parcel A to Parcel B and Parcel C. This is necessary to allow surface drainage from Parcel B and Parcel C to reach the future Master Plan inlet located within Parcel A. Additionally, The District requests that the City of Fresno require Parcel A to grant a drainage covenant for Parcel C located directly north of Parcel A to allow major storm flows from Parcel C to reach Shields Avenue. If the stub street is not constructed, then the Developer will be responsible for the construction of a surface flowage channel, and dedication of a Surface Channel easement. The required 18", 36" and 42" storm drain line in Shields Avenue and Temperance Avenue within the limits of TPM 2004-029, as shown on Exhibit No. 1 has also been required of the Developer of Tract 5237. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. The required 36" storm drain line in Dakota Avenue within the limits of TPM 2004-029, as shown on Exhibit No. :1 has also been required of the Developer of Tract 5461. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. The construction of the aforementioned facilities in Shields Avenue will provide permanent drainage service to that portion of TPM 2004-029 that drains to Shields Avenue as directed on Exhibit No. 1. The remaining portion of TPM 2004-029 will not have permanent drainage service available. The District recommends the City of Fresno require temporary facilities until permanent drainage sevice is available. Development No. TPM 2004-029 Page 1 of 2 engr\perm it\exh ibit2\city-tpm\2004\2004-0290m) OTHER REQUIREMENTS EXHIBIT NO. 2 A fifteen-foot(15') storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The following paragraphs only apply towards development of the individual.parcels and are not conditions for the recording of the map: In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages, but does not require:that roof drains from non- residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed ' through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are attached. Development No. TPM 2004-029 Page 2 of 2 engAperm ikxhibi Mcity-tpm\2004\2004-0290 m) OFFICES OF PJE SSI, A III��I��I(PATI O1INT D I► TPAI C� -" PHONE(559)233-7161 w — .�•: FAX(559)233-8227 2907 SOUTH MAPLE AVENUE' FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water ' May 9, 2005 14A, 1 1 2DD5 Mr. Paul Bernal ;;vision City of Fresno T�eveloter�t���rient Planning and Development Dept. OF 2600 Fresno Street, 3`d Floor Fresno, CA 93721-3604 RE: VTPM No. 2004-29 —FID's Gow No. 99 Canal Dear Mr. Bernal: FID's comments and requests are as follows: 1. FID's Gow No. 99 canal traverses the south side of Shields Avenue as shown on the enclosed map. 2. The Gow canal is being relocated/replaced as part of the Tract 5233 improvements and does not appear to be affected by the subject proposal. 3. FID requests it review all plans for any required improvements that may affect the Gow No. 99 canal. Thank you for submitting this for our review. Please feel-free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnsongfresnoirri ag tion.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\VTPM2004-29 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO Pacific Gas and Electric Company Corporate Real Estate 650"0"Street,Bag 23 South Valley Land Services Fresno, CA 93760-0001 May 2, 2005 Development Department Engineering Services Division � Land Division Section 2600 Fresno Street, Room 3043 MAY 0 4 2005 Fresno, CA. 93721-3604 Attn: Mr. Paul Bernal planning Division oeveloptr1ent Department Dear Mr. Paul Bernal, CITYC3F Fr,.ES JO We have reviewed Tentative Parcel Map No. 2004-29. PG&E requests that a Public Utility, Easement (PUE) be incorporated within all access easement(s) as shown on said Parcel Map. If PG&E has an existing pole line facility that serves the property and the existing pole line crosses prolTosed property lines (and is not covered by an existing easemenq),-` t is the property owner's responsibility to provide PG&E with adequate rights-of-way. PG&E is available to assist the property owner in -making the determination if an easement will be necessary. The property owner or their agent may contact the undersigned for assistance. PG&E has determine that our records show no gas or electric transmission lines in the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's,final acceptance by the City of Fresno)will be at the expense of the developer. Thank you for the opportunity.to review the plans of this Tentative Parcel Map. If you have any questions, please contact me at 263-5167. SSincerely n Land Agent S7xm OF CALIFORNIA—BUSINESS.TRANSPORTATION. , HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor 'DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE _ d P.O.BOX 12616 FRESNO CA 93778-2616 PHONE (559)445-6666 �O� •_� ,•J .• '=,_ ' Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 p1enning�i�iisio�ment May 2, 2005 ®evelap�` SNO 2131-IGR/CEQA 6-FRE-180-65.4+/- TRACT NO. 2004-29 RICCHUITI Mr. Paul Bernal City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Bernal: We have reviewed the map proposing to create four parcels from a 152-acre parcel on the north side of East Shields Avenue between North Temperance and North Armstrong Avenues. According to the parcel map,the applicant intends to rezone the entire site to allow single-family residential. Caltrans has the following comments: It is Caltrans',understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak hour trips(as this project will do) to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). Per the City's policy, please have the preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002. Caltrans Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when reviewing a traffic study. If the Traffic consultant has any issues or concerns regarding the use of the Guide or its interpretation,please contact us so resolution can be reached. Caltrans recommends that the traffic study be conducted at this, the parcel map stage, rather than as each parcel is proposed for development: CEQA specifically prohibits segmenting projects as dividing projects into smaller parts artificially reduces the apparent impact a project will create. This is a large development and Caltrans anticipates that there may be impacts to the State Highway System. Please provide us with a copy of the study for our review and comment prior to the project going before the Planning Commission. Recently,numerous residential developments have been approved in this area of Fresno. Continued land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR,the City should consider a mechanism for evaluating, and mitigating, for them Once possible mechanism for evaluating the cumulative impacts of these land use decisions would'-be for the City to use the San Joaquin Valley Growth Response Study(GRS) modeling tool. The'GR S Tools provide a cumulative analysis of land use impacts, as opposed to a"snapshot'.of growth at 20 years. They can identify where to place transit stops, locate the more intense land uses, how and where to site interrelated uses, etc., providing an actual quantitative analysis of alternatives. The type of information that is available "Caltrans improves mobility across California Ms. Sandra Brock December 21, 2004 Page 2 by using this modeling tool goes significantly beyond what is provided with an Environmental Impact Report, providing the type of information necessary to support"smart growth" land use decisions. This benefits the local, regional, and State transportation network, as well as air quality. The analysis can also include indicators to evaluate economic development and the jobs/housing balance critical to a community's quality of life. With the GRS Tools,public officials and citizens would be provided with the likely impacts of alternative growth policies. The resulting information is available to public officials and citizens in easy-to-understand maps and tables (there have been comments at Public Hearings that some EIRs have been difficult to understand). The City should-consider a transit alternative for this project., The project is of sufficient size to support transit;and early planning could make such an alternative feasible. The San Joaquin Valley Growth Response study would be an excellent tool for evaluating these alternates. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves motility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the-purchase-of a monthly-transit pass with new residential development as partial mitigation for congestion and,air qualityimpacts, and to ensure the long term viability of public transportation. Street Name Review, 'QPM-2004-29 5-2-05 Street Name Status Required Change East Dakota Avenue Good East Shields Avenue Good North Armstrong Avenue Good North Temperance Avenue Good e �- CLOVis U N I F I E D SCHOOL DISTRICT May 27, 2005 1450 HERNDON AVENUE Zt� C� CLOVIS,CA 93611-0567 559.327. R Paul Bernal, Planner III JUN 0 2 2005 vAvw.clovlsusd•k12•ca.us City of Fresno f r,e.E�..1�siyiSOPl Planning & Development Dept. w ;;e, a ,;;; 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 GOVERNING BOARD SUBJECT: Tentative Parcel Map No. 2004-29 Sandra A.Bengel North side of Shields between Armstrong and Temperance Brian D.Heryliord G1nnyL.Hovseplan Dear Mr. Bernal: Richard Lake,C.P.A. Elizabeth J.Sandoval Jim Van Volklnburg,D.D.S. This letter is in response to your request for comment on the above-referenced Susan M. Walker, D.H.Sc. application, which would allow for the division of 158.64 acres into four parcels. It is our understanding that proposed-Parcels A, B and C will eventually be developed for residential uses in accordance with the 2025 Fresno General Plan. Proposed Parcel D, located at the southeast corner of Dakota and Armstrong Avenues, is intended to be developed with a new Clovis Unified elementary school ADMINISTRATION (also designated in the 2025 Fresno General Plan). Terry Bradley,Ed.D. Superintendent Virginia R.Boris,Ed.D. The District is in agreement with Parcel D being shown as a future elementary school Associate Superintendent site. However, the size of the site shown on the parcel map (14.95 acres) does not Daniel E.Kaiser,Ed.D. reflect the correct size of the school site. This site should be 18.41 gross acres and Associate Superintendent William C.McGuire 17.1 net acres. A diagram showing the correct dimensions of the school site is AssodateSuperintendent attached. Janet L.Young,Ed.D. Associate Superintendent Thank you for the opportunity to comment. Please contact me if you have any questions. Sincerely, Walt Byrd Assistant Superintendent,Facility Services Attachment ,6 POINT OF BEGINNING NORTHEAST CORNER, NORTHWEST CORNER, SOUTHEAST QUARTER, SECTION 22, 1.13S, NORTH LINE, SOUTHEAST QUARTER, SOUTHEAST QUARTER, R.22E., M.D.B.&M. SECTION 22 SECTION 22, T.13S., DAKOTA589'55'00"f 2645.00' AVENUE R.22E, M.D.B.&M. 1117.00' W) ° 30' BOUNDARY OR SITE Z ACQUISITION (TYP.) a o Qo ELEMENTARY SCHOOL SITE10 g g " ACQUISITION AREA GROSS AREA - 18.41t ACRES EXISTING NET AREA = 17,17t ACRES ti FUTURE NET AREA = 16.341 ACRES 1070.00' O\ V O2 N8955'00"W 1117.00' G`� 47 cQ ca o.W �'-EXISTING STREET RIGHT-OF-WAY (TYP.) n EAST LINE, SECTION 22 " BJP n�(Zl-, LULTIMATE STREET ` V RIGHT-OF-WAY (TYP.) WEST LINE. N SOUTHEAST SECTION 22 _J SOUTHWEST CORNER, SOUTHEAST QUARTER, SOUTH LINE, SECTION 22, T.13S., SECTION 22 R.22E., M.D.B.&M. N89'55'00"W 2645.00' SHIELDS AVENUE SOUTHEAST CORNER, SECTION 22. T.13S., R.22E, M.D.B.&M. N LEGEND NOT S CENTER OR SECTION LINE I. A PORTION OF A.P.N. 310-020-24S (FRESNO COUNTY) PROPERTY OR RIGHT-OF-WAY LINE 2. BEARINGS AND DISTANCES WERE DERIVED FROM THE PLAT OF FINCHER'S COLONY RECORDED IN VOLUME 4 OF - - - FUTURE RIGHT-OF-WAY LINE PLATS AT PAGE 63, F.C.R. SCALE: '=300' SITE ACQUISITION 'BOUNDARY J. A FIELD SURVEY WAS NOT CONDUCTED BY BLAIR. CHURCH AND FLYNN CONSULTING ENGINEERS FOR THE PREPARATION OF THIS EXHIBIT. �o QRQF E SSI pNq� 4. GROSS AREA IS TAKEN TO THE ORIGINAL ACQUISITION BOUNDARY. EXISTING NET AREA IS THE SCHOOL SITE ACQUISITION AREA WHICH EXCLUDES EXISTING STREET AREA. FUTURE NET AREA IS THE ULTIMATE SCHOOL SITE cl) V / EXCLUDING THE STREET AREA TO BE OFFERED FOR EXP. 3/31/66 r-i DEDICATION, c.� PREPARED BY. N0. 63 ACQUISITION DIAGRAM BL41R CHURCH & FLYNN * * DAKOTA/ARMSTRONG ELEMENTARY SCHOOL CONSULTING ENGINEERS �� CLOVIS UNIFIED SCHOOL DISTRICT A PROFESSIONAL CORPORA TIO (`���` � 2893 LARKIN AVENUE F OF CAL 1.�F0� CALIFOR SEPTEMBER 24, 2004 (559)CLOVI529/5507 93612 Drawinq. P:\204-0J47\DWG- Acquisli0n\dwq\204J47Erh2.dwq.Loyoull (2, Plot by: Voughn May 27, 2005 - I:J9Pm ............................................................... .. EXHIBIT"A" DAKOTA/ ARMSTRONG ELEMENTARY SCHOOL CLOVIS UNIFIED SCHOOL DISTRICT PROPERTY ACQUISITION LEGAL DESCRIPTION September 27, 2004 A portion of the Southeast quarter of Section 22, Township 13 South, Range 22 East, Mount Diablo Base and Meridian, lying in the Southeast quarter of Fincher's Colony, according to the map recorded in Book 4 of Plats at Page 63, Fresno County Records, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: Beginning at the Northwest corner of the Southeast quarter of said Section .22 thence South . 89055'00" East, ,along the North line of said Southeast quarter of Section 22, a distance of 1,117.00 feet to a point on a line which is parallel with and 1,117.00 feet East from the West line of said Southeast quarter of Section 22; thence South, along said parallel line, a distance of 718.00 feet to a point on a line which is parallel with 718.00 feet South of the North line of said Southeast quarter of Section 22; thence North 89055'00" West, along last said parallel line, a distance of 1,117.00 feet to a point on the West line of said Southeast quarter of Section 22; thence North, along the West line of said Southeast quarter of Section 22, a distance of 718.00 feet to the POINT;OF BEGINNING. Containing a gross area of 18.41 acres, more or less, an existing net area of 17.17 acres, more or less, and a future net area of 16.34 acres, more or less. A portion of APN 310-020-24S o QROFESS/0* L No. 26,309 OF CA1\1 I P:\204-0347\wp\204-347-Elem_legal.doc Blair,Church&Flynn Consuldng Engineers