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HomeMy WebLinkAboutPM 2004-37 - Conditions of Approval - 6/24/2008 City of Planning and Development Department 2600 Fresno Street-Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 December 18, 2007 Please reply to: Arnoldo Rodriguez (559) 621-8633 Yamabe & Horn Engineering, Inc. 1300 East Shaw Avenue, Ste. 176 Fresno, CA 93710 SUBJECT: FINAL ACTION BY THE FRESNO CITY COUNCIL REGARDING THE CONSTRUCTION OF A NEW RESIDENTIAL UNIT WITHIN THE ADOPTED 65 DBA (DECIBELS) COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) AS PROPOSED PER VESTING TENTATIVE PARCEL MAP NO. 2004-37 DATED MAY 8, 2007, PROPOSING ONE PARCEL AND A REMAINDER PARCEL FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES (APN: 430-190-01; 4708 EAST HOLLAND AVENUE) The Fresno City Council conducted a public hearing on November 27,2007(the item was continued from the October 16, 2007 hearing), to consider one new single family home within the adopted 65 dBA (decibels) community noise equivalent level (CNEL). As you are aware, new homes within the 65 dBAare prohibited per the Fresno Yosemite International (FYI) Airport and Environs Plan unless the Council makes specific findings that there are no feasible alternatives to development. During the Council hearing, the Council adopted staff's recommendation that there are no feasible alternatives other than a single family residential home as outlined in the attached report to the Council. As a result, you may proceed with the recordation of the parcel map as outlined in the Conditions of Approval for Vesting Tentative Parcel Map No. 2004-37 dated August 7, 2007. Note that one of the conditions will be to record an avigation easement. Also note that per your request, Rezone No. R-04-102 and Minor Deviation No. MD-04-69 were previously cancelled. Please record this information for your future use. You will receive no further notice regarding this application. Should you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION � Zl(_I Arnoldo Rodriguez Supervising Planner Enclosures: Report to the City Council dated November 27, 2007 C: 4708 East Holland Avenue City of IcflIL"d—%\law, ff c;5%4p PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8722 FAX (559) 498-1020 August 14, 2007 Please reply to: Arnoldo Rodriguez (559) 621-8633 Yamabe & Horn Engineering, Inc. 1300 East Shaw Avenue, Ste. 176 Fresno, CA 93710 SUBJECT: NOTICE OF CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-37 DATED MAY 8, 2007, PROPOSING ONE PARCEL AND A REMAINDER PARCEL FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES (APN: 430-190-01) The City of Fresno Planning Division has completed its review of the subject parcel map dated May 8, 2007. Pursuant to the Fresno Municipal Code FMC Section 12-1205, this letter is written to advise that the conditions of approval dated August 7, 2007, are as noted on the attached document. If you have any questions regarding the conditions notify me at (559) 621-8633 no later than August 30, 2007, 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. August 30, 2007. EXPIRATION: The conditional approval of Vesting Tentative Parcel Map No. 2006-11 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. Vesting Tentative Parcel Map No. 2004-37 August 14, 2007 Page 2 Modification of a Vesting Tentative Parcel Map after approval or conditional approval does not extend the two year time limit. 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, (559) 621-8722. Your inquiry should be directed to Arnoldo Rodriguez Sincerely, PLANNING DIVISION Arnoldo Rodriguez U O Supervising Planner Enclosures: Vesting Tentative Parcel Map No. 2004-37 dated May 8, 2007 Conditions of Approval dated August 7, 2007 City of ff PLANNING AND DEVELOPMENT DEPARTMENT DATE: August 7, 2007 TO: NICK P. YOVINO, Director THROUGH: KEITH BERGTHOLD, Assistant Director THROUGH: GILBERT J. HARD, Planning Manager FROM: ARNOLDO RODRIGUEZ, Supervising Planner SUBJECT: REQUIRED FINDINGS AND APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2004-37, WHICH PROPOSES TO CREATE ONE PARCEL WITH ONE REMAINDER PARCEL FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES (APN: 430-190-01) BACKGROUND Vesting Tentative Parcel Map No. 2004-37 filed by Yamabe & Horn Engineering Inc., on behalf of Mary Ann Woods, and accepted for processing on May 8,2007, proposes to create a one lot parcel map with a one remainder parcel for approximately 2.5 acres of property located on the southeast corner of North Sierra Vista and East Holland Avenues. The property is within the jurisdiction of the Hoover Community Plan and the 2025 Fresno General Plan both of which designate the subject property for low density residential planned land uses. The subject site is zoned R-A(Single Family Residential-Agricultural Districo which is consistent with the low density residential planned land uses. The applicant is proposing a 30,000 square foot parcel and a remainder, both of which comply with the R-A zone district in terms of lot area,width and depth. It is also noted that the site is currently developed with a home, barn and an accessory building. Given that some of the accessory buildings are located on the proposed parcel, staff will require that the applicant remove/relocate them prior to the recordation of the final parcel map to ensure compliance with the Fresno Municipal Code(FMC)which requires that each home provide a minimum of a carport and/or garage per unit. Furthermore,the site is within the Fresno Yosemite International (FYI)Airport and Environs Plan 65 dBA (decibels) community noise equivalent level (CNEL). According to the FYI Plan, news homes within the 65 dBA CNEL, should be avoided unless strong overriding factors prevail. It should be noted that the applicant has met with staff on various occasions dating back to the early part of 2004 to discuss the project. It is the applicant's intention of constructing a second unit or dividing the site into one lot with a remainder to construct the second unit. However, the applicant prefer to subdivide the site in order to obtain financing. Given that a portion falls outside of the 65 dBA CNEL and is within the 60 dBA CNEL, staff can support the parcel map request given that homes are permitted within the 60 dBA CNEL. It is noted that staff will require that the applicant record an avigation, noise, and hold harmless covenant that acknowledges that the site is within a noise impacted area. Vesting Tentative Parcel Map No. 2004-37 September 18, 2006 Page 2 REQUIRED FINDINGS The initial study prepared for Environmental Assessment No.TPM No.2004-37 considered potential environmental impacts associated with the vesting tentative parcel map. The study indicates that the project, if approved,would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated January 26, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. 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 Hoover Community Plan, the 2025 Fresno General Plan and the FYI Airport and Environs plan which designate the site for low residential planned land uses which is consistent with the existing R-A zone district which requires a minimum lot area of 30,000 square feet. 2. The site is physically suitable for the proposed development because of the flat terrain of the site and adequate access and drainage on and off the site. The Fresno Metropolitan Flood Control District will require that the drainage from the site be diverted to the Master Plan Inlets. 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.The site is located in an area that is fully developed with industrial uses. The area does not and would not provide value for wildlife. 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. In addition, during the entitlement process, staff will ensure that the conditions of zoning will be applied accordingly. 5. The proposed parcel map design will not conflict with pubic easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 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. Vesting Tentative Parcel Map No. 2004-37 September 18, 2006 Page 3 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Director finds that Vesting Tentative Parcel Map No. 2004-37 dated May 8,2007, 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. 2004-37 dated May 8, 2007, subject to the conditions of approval dated August 7, 2007. /O-O Akd�" ick P. Yovino, Director Date KAMaster Files-Parcel Maps\Parcel Maps'96-'05\Parcel Maps 2004\TPM-2004-37 Southside of Holland between Chestnut and Maple--Pl3\2 pa rcels\Di rector Memorandum TPM-2004-37.doc co UcL4 ��,��, REPOR i"0 THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING 10/16/07 October 16, 2007 APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Depan`me r� DEPARTMENT DIRECT BY: GILBERT J. HARD, Planning Man ger \ CITY MANAGER ` Planning Division SUBJECT: COUNCIL DETERMINATION OF CONSISTENCY WITH THE FRESNO YOSEMITE INTERNATIONAL (FYI) AIRPORT AND ENVIRONS PLAN AS RELATED TO RESIDENTIAL DEVELOPMENT LOCATED WITHIN THE ADOPTED 65 dBA (DECIBELS) COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES KEY RESULT AREA Customer Satisfaction RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the applicant's request that there are no feasible alternatives to the proposed development of one residential unit within the adopted 65 dBA (CNEL) of the FYI Plan. EXECUTIVE SUMMARY The subject application, Vesting Tentative Parcel Map No. 2004-37 filed by Yamabe & Horn Engineering Inc., on behalf of Mary Ann Woods, proposes to create a one lot parcel map with one remainder parcel for approximately 1.85 acres of property located on the southeast corner of North Sierra Vista and East Holland Avenues. The subject property is zoned R-A (Single Family Residential- Agricultural District) and is planned for low density residential planned land uses by the Hoover Community Plan, the Fresno Yosemite International Airport and Environs (FYI) Plan and the 2025 Fresno General Plan. The subject application is proposing a 30,000 square foot (0.68 acre) parcel and a remainder, both of which comply with the R-A zone district in terms of lot area, width and depth. Although the parcels are zoned for residential uses, the FYI Plan prohibits new residential development within the adopted 65 dBA (decibels) community noise equivalent level (CNEL), unless the Council makes specific findings that there are no feasible alternatives to development. Should the Council make such findings, staff will process the final parcel map. KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and Development Department. Employee satisfaction is derived from the fact that 'the professional and technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process. REPORT TO THE CITY COUNCIL Vesting Tentative Parcel Map No. 2004-37 October 16, 2007 Page 2 PROJECT INFORMATION PROJECT Request to construct one new home within the 65 dBA CNEL of the Fresno Yosemite International Airport and Environs Plan APPLICANT Yamabe & Horn Engineering Inc., on behalf of Mary Ann Woods LOCATION Southeast corner of North Sierra Vista and East Holland Avenues (Council District 4, Councilmember Westerlund) SITE SIZE Approximately 1.85 acres LAND USE Existing - One single family home Proposed - One residential unit for a total of two on the 1.85 acre site ZONING Existing - R-A (Single Family Residential-Agricultural District) Proposed - No changes are proposed PLAN DESIGNATION The proposed residential unit is allowed by the existing R-A zone AND CONSISTENCY district, however, the Council must make specific findings that there are no feasible alternatives for development of the subject site given that it is located within the 65 dBA CNEL of the Fresno Yosemite International Airport and Environs Plan ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated January 12, 2006 PLAN COMMITTEE The application was filed prior to the establishment of any community RECOMMENDATION plan advisory comimittee STAFF Approve the applicant's request 'that there are no feasible alternatives RECOMMENDATION to development of the subject site PLANNING Per policy of the FYI plan, the applicant's request is being presented COMMISSION to the Council, therefore, Commission review is not required RECOMMENDATION REPORT TO THE CITY COL,,CIL Vesting Tentative Parcel Map No. 2004-37 October 16, 2007 Page 3 BORDERING PROPERTY INFORMATION ..I Planned Land Existing Zoning Existing Land Use Use North Medium Low Density R-1 Single Family Residences Single Family Residential District Low Density R-A South Residential Single Family Residential-Agricultural Single Family Residences District R-A East Low Density Residential Single Family Residential-Agricultural Single Family Residences District R-A West Recharge Basin Single Family Residential-Agricultural Water Recharge Basin District BACKGROUND / ANALYSIS The subject application, Vesting Tentative Parcel Map No. 2004-37 filed by Yamabe & Horn Engineering Inc., on behalf of Mary Ann Woods, proposes to create a one lot parcel map with one remainder parcel for approximately 1.85 acres of property located on the southeast corner of North Sierra Vista and East Holland Avenues. The subject property is zoned R-A (Single Family Residential- Agricultural District) and is planned for low density residential planned land uses by the Hoover Community Plan, the Fresno Yosemite International Airport and Environs (FYI) Plan and the 2025 Fresno General Plan. The subject application is proposing a 30,000 square foot parcel and a remainder, both of which comply with the R-A zone district in terms of lot area, width and depth. Although the parcels are zoned for residential uses, the FYI Plan prohibits new residential development within the adopted 65 dBA (decibels) community noise equivalent level (CNEL), unless the Council makes specific findings that there are no feasible alternatives to development. Should the Council make such findings, staff will process the final parcel map. The subject site is surrounded by single family residences to the north, east and south, while a water recharge basin is to the west. Fresno Yosemite International airport and Environs Plan and Exposure to Noise Noise Contour The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dBA CNEL, and for interior living areas a noise level exposure of not more than 45 dBA CNEL. Given that the site is located within the 65 dBA CNEL, and in accordance with Section B-3-a(4) of the FYI Plan and the Master Environmental Impact Report for the 2025 Fresno General Plan, the applicant will be required to submit an acoustical analysis to ensure that the proposed single family home provides adequate interior noise insulation. REPORT TO THE CITY COUNCIL Vesting Tentative Parcel Map No. 2004-37 October 16, 2007 Page 4 It is further noted that as part of the 1987 FYI Plan update, the city attempted, in part, to "minimize the exposure of the public to high noise levels and safety hazards through land use controls and policies for the property in the vicinity...to limit encroachment around [FYI] Airport in order to allow for its continued viability. Threats to the continuation of flight operations, or to the lives, property, health, and welfare of persons on the ground shall be considered legitimate interests of the [FYI] Plan." As part of the update, the City redesignated several properties to more compatible alternatives to residential uses in noise impacted areas, however this parcel and those in the immediate vicinity were not impacted given that they were not within approach zone areas. The FYI Plan continues by stating that no new residential units be permitted within the 65 dBA CNEL unless the Council makes specific findings that there are no feasible alternatives to development. The following is an excerpt of the FYI Plan (Section B-3-a(5)): -- New residential development and new schools shall be prohibited within the adopted 65 CNEL contour of the Fresno Yosemite International Airport unless the Council of the City of Fresno makes specific findings that there is no feasible alternative to such development of the subject property and provided that the following conditions are met (italics added for emphasis): a. The record property owner grants an avigation easement to the City. b. The record property owner executes an agreement in favor of the City, in a form approved by the City Attorney, whereby the property owner shall indemnify, hold harmless and defend the City and every officer and employee thereof from any and all loss, liability, damages, costs, suits or claims arising out of the location of the development within the 65 CNEL contour. C. New residential structures shall incorporate noise insulation in compliance with Title 24 of the California Code Regulations such that interior noise levels are reduced to no more than 45 dB CNEL. Although the FYI Plan does not define "feasible," two commonly used definitions are as follows: Webster's Dictionary: 1. Able to be accomplished : possible. 2. Appropriate suitable. 3. Likely California Environmental Feasible means capable of being accomplished in a successful Quality Act: manner within a reasonable period of time, taking into account economic, environmental, social and technological factors (Government Code §21061. 1) It is also noted that the subject site does not fall within a Approach Zone, which places a greater emphasis on land use and related concentrations of people. Airports Department The Airport Department staff, in their attached memorandum dated August 7, 2007, stated that they are not opposed to the proposed single family home subject to the conditions stipulated above. REPORT TO THE CITY COUivCIL Vesting Tentative Parcel Map No. 2004-37 October 16, 2007 Page 5 Determination of Feasibility As stated above, the FYI Plan states that no new residential units be permitted within the 65 dBA CNEL unless the Council makes specific findings that there are no feasible alternatives to development. It is noted that the subject site is largely surrounded by single family homes, some of which are situated on relatively large parcels (i.e., 1 acre) while others are on conventional size lots (i.e., 6,000 square feet), which are not likely to be redeveloped with non-residential uses. The property to the west is used as a water recharge basin given its relative location to the FYI Airport. Furthermore, the City has historically discouraged traffic generated by non-residential type uses (i.e., commercial, industrial) from accessing local residential streets. Should the site be developed with any other use, other than residential, visitors would be forced to travel on a local residential street approximately 1,000 feet across 22 existing homes to access the subject site. It should be further noted that only a portion of the site is located within the 65 dBA CNEL (see Exhibit A, attached), while the remaining portion is located within the 60 dBA CNEL noise contour. Thus, depending on the location of the home, only a portion may fall within the 65 dBA CNEL noise contour. Fresno City Planning Commission Given that the FYI Plan policy requires that the Council determine the feasibility of constructing new residential within the 65 dBA CNEL, this application was not presented to the Planning Commission for consideration. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the FYI Plan, the Hoover Community Plan and the 2025 Fresno General Plan and its compatibility with surrounding existing or proposed uses. The subject site is largely surrounded by single family homes to the north, east and south, while the property to the west is a water recharge basin and is not likely to develop in the immediate future given its location to the airport. Furthermore, the site may be developed with residential uses given that adequate access is possible and the site is situated in a manner that all requirements of the Fresno Municipal Code (i.e., setbacks, landscaping, parking, etc.) may be met. Staff recommends that the Council find that there is no feasible development alternative to the proposed single family residential use for the subject property. Attachments: 2005 Aerial Photograph of Site depicting surrounding major streets 2005 Aerial Photograph of Site Exhibit A, Vesting Tentative Parcel Map No. 2004-37 Exhibit B, FYI Plan Noise Contour Map and Approach Protection Zones Exhibit C, Letter from the FYI Airport dated August 7, 2007 Environmental Assessment No. R-04-102/TPM No. 2004-37 dated January 12, 2006 H:1Masler Files-Parcel Maps\Parcel Maps'96 '05\Parcel Maps 20D41TPW2D04.07 Southside of Holland between Cheslnul and Maple—ARl2 parcels\CC Report 1416-07 doc r-7— JW -.._ .. <---"' • rp.,..: rV • � Y' fJ � t, 1l n � , !d'- � •� ... y , �'' � _�'.#+.e,`��.] { R LI—y. •r-'r ►1" ?w r 1 �`4 I '; � t t a,• a r �rQ .1 FA:V is � +I q•y'I:.Tx:T,S 7 *y....,,._- .:•r:.— '— � - — — .f^'.�- TTi�.. Yi.� „art�j�r��:.•.Iry ! F = � � [. 1�( 0t� • - .7 _ y� ', +.+�.�:"1 � ^o mai• ? �! � ,} �5• I r- rr T .IlYt ,i Ir 1 �---�'' ':.L '� ]L.. 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Y r�,.�7' � 1x,�� F�I 1, kta Lix/ �' J- .f. �C:. .( t .J Tf_ �,�� i .F:'- IJ► :.. # ' I .<�yr••,4 __I-. -.1 Ft[p i � .�. r-. ?r L w -_ c _ b�J...s„•,r w:.I-�"�' +i.'...3.. Y� ,4 r �' i _�r.t• � rr I 1 C AY �a.r sL` ? l Lt" 1 �y Lij 41 A, ��.+ + "'1 W '• •,i,' • Psk5,y�+�s�'' CL uj �;'•: � j' ._,\+,� tt F�} 'L'y'} ice• } �,• •' � 4 `� .:1 `y� 4 1�� M1 [ WS LU L ,ac, ��I�.C' •* ' � � -� t? F „t�)f a � .•,..!T�'��� � ai �•1 3 �y� a t ti. `i: �� 1. .+•I C�� .Y ICs ] ,.17 ^� -i. ■ yrt {e - } - i f ax s�ltr a•�F•��T �r��� '�� ��' � ss. �- .;<I'� rY�S��� �•� ExHIBIT C : 4F ` F_ ETES FQ YIIS E _ EtE International Airport Parcel Map No. 2004-37 Subject property is located at 4708 E. Holland Avenue north of Ashlan Avenue and west of Chestnut Avenue. The property is approximately 5,100 feet northwest of runway 11L- 29R of the Fresno Yosemite International Airport. The proposed Residential use lies within the 65-70 CNEL noise contours, Single-family/Multi-family residential lying within this CNEL contour is classified as Conditionally Acceptable. The land use is acceptable on the conditions that an acoustical analysis and special noise insulation construction are used to mitigate noise intrusion, and outdoor activities are minimal. An avigation easement is also required. Supplemental information I. 65-70 CNEL Noise Contour Line, identified in the Fresno Yosemite International Airport Master and Environs Specific Plat 2. Safety Zone 6: Traffic Pattern Zone of the California Airport Land Use Planning Hand Book, published by the State of California— Department of Transportation (Division of Aeronautics). 3. Federal Aviation Administration's (FAA) Part 77 Objects Affecting Alavigable Airspace imaginary surfaces height requirements. As stated on Table E-1 of the Fresno Yosemite International Airport and Environ Plan CNEL 65-70 - Residential (I-Single-family/Multi-family residential) are Conditionally Acceptable. Conditionally Acceptable - The indicated noise exposure will cause moderate interference with outdoor activities when windows are open. The land use is acceptable, on the conditions that outdoor activities are minimal and that construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be dept closed). Under other circumstances, the land use should be discouraged. *Acoustical Analysis Required—An acoustical analysis is required for these categories of land uses, pursuant to noise policies in the Fresno Air Terminal Airport and Environs Plan. An avigation easement is also required_ As stated in the California Airport Land Use Planning Hand Book, published by the State Of California —Department of Transportation (Division of Aeronautics), TABLE 9B, Page 9-44 and 9-45: Zone 6: Traffic Pattern Zone Basic Compatibility Qualities Allow residential uses i ,w 1 FRESE' C1 YCISEMFTE International Airport Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities $ Avoid children's schools, large day care centers, hospitals, nursing homes In addition any permanent or temporary object that penetrates a 100:1 slope from runway I IR-29L of the Fresno Yosemite International Airport would require Form 7464 to be filed with the FAA as per the Part 77 Objects Affecting Navigable Airspace. Rezone No. R-04- 102 and Minor Deviation No. 04-69 were withdrawn by the applicant and full refunds were issued. However, the applicant proceeded with Tentative Parcel Map No. 2004-37 to subdivide the parcel into 2 lots, rather than 3, which is why they had filed the rezone application . For all pertinent material/information , refer to TPM No. 2004-37. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 7. 2007 VESTING TENTATIVE PARCEL MAP No. 2004-37 SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES 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 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 imposil-ion of the fees, dedications, reservations or exactions imposed on the development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2004-37, dated May 8, 2007, 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 north 2.5 acres of the west 10 acres of the southeast quarter of the southeast quarter of section 13, township 13 south, range 20 east, Mount Diablo base & meridian, according to the U.S. Government Township Plats. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Hoover Community Plan designate the subject property for development with the low density residential planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies the existing R-A (Single Family Residential-Agricultural District) zone district as consistent with this planned land use designation. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 7. 2007 VESTING TENTATIVE PARCEL MAP No. 2004-37 SOUTHEAST CORNER OF NORTH SIERRA VISTA AND EAST HOLLAND AVENUES IL 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 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. 2004-37, dated May 8, 2007, 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 north 2.5 acres of the west 10 acres of the southeast quarter of the southeast quarter of section 13, township 13 south, range 20 east, Mount Diablo base & meridian, according to the U.S. Government Township Plats. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Hoover Community Plan designate the subject property for development with the low density residential planned land uses. The Zoning District Consistency Table of the Fresno Municipal Code identifies the existing R-A (Single Family Residential-Agricultural District) zone district as consistent with this planned land use designation. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 2 3. In addition, a portion of the subject site is within the 65 CNEL contour of the Fresno Yosemite International Airport. Although the parcels are zoned for residential uses, the FYI Plan prohibits new residential development within the adopted 65 dBA (decibels) community noise equivalent level (CNEL), unless the Council makes specific findings that there are no feasible alternatives to development. Should the Council make such findings, the final map may be recorded, however,should the Council not make such findings,the final map may not record. 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. Proposed parcel A and the remainder are consistent with the existing R-A zone district in terms of lot area (i.e., minimum 30,000 square feet),width (i.e., 130 feet per 12-206.5-B-1 of the Fresno Municipal Code [CUP]) and depth (i.e., 12-206.5-B-2 of the FMC). 6. Construct a single vehicle garage or carport on the proposed remainder parcel if not existing prior to the recordation of the final map. 7. The existing barn and shed on proposed Parcel A shall be removed or shall be relocated (with the benefit of city permits) prior to the recordation of the final map. 8. Prior to the recordation of the final map, a letter, from the engineer, shall be submitted stating that the fence has been removed. 9. The proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to final map submittal. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. 10. Prior to the sale, lease or finance of the Remainder Parcel, a Certificate of Compliance will be required. 11. An avigation easement shall be required as part of the final map. 12. Provide an acoustical analysis, to the satisfaction of the Planning and Development Department Director, stating how the interior noise levels will be mitigated to less than 45 CN EL. 13. The record property owner shall execute an agreement in favor of the City, in a form approved by the City Attorney, whereby the property owner shall indemnify, hold harmless and defend the City and every officer and employee thereof from any and all loss, liability,damages,costs, suits or claims arising out of the location of the development within the 65 CNEL contour. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 2 3. In addition, a portion of the subject site is within the 65 CNEL contour of the Fresno Yosemite International Airport. Although the parcels are zoned for residential uses, the FYI Plan prohibits new residential development within the adopted 65 dBA (decibels) community noise equivalent level (CNEL), unless the Council makes specific findings that there are no feasible alternatives to development. Should the Council make such findings, the final map may be recorded, however, should the Council not make such findings, the final map may not record. 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. Proposed parcel A and the remainder are consistent with the existing R-A zone district in terms of lot area (i.e., minimum 30,000 square feet), width (i.e., 130 feet per 12-206.5-B-1 of the Fresno Municipal Code [CUP]) and depth (i.e., 12-206.5-B-2 of the FMC). 6. Construct a single vehicle garage or carport on the proposed remainder parcel if not existing prior to the recordation of the final map. 7. The existing barn and shed on proposed Parcel A shall be removed or shall be relocated (with the benefit of city permits) prior to the recordation of the final map. 8. Prior to the recordation of the final map, a letter, from the engineer, shall be submitted stating that the fence has been removed. 9. The proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to final map submittal. Contact the Planning and Development Department, Building and Safety Services Division at (559) 621-8200. 10. Prior to the sale, lease or finance of the Remainder Parcel, a Certificate of Compliance will be required. 11. An avigation easement shall be required as part of the final map. 12. Provide an acoustical analysis, to the satisfaction of the Planning and Development Department Director, stating how the interior noise levels will be mitigated to less than 45 CNEL. 13. The record property owner shall execute an agreement in favor of the City, in a form approved by the City Attorney, whereby the property owner shall indemnify, hold harmless and defend the City and every officer and employee thereof from any and all loss, liability, damages, costs, suits or claims arising out of the location of the development within the 65 CNEL contour. r Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 3 14. Comply with the letter from the Fresno Yosemite International Airport(dated August 7,2007). GENERAL CONDITIONS 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. 21. 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. 22. 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 APublic Works Standards.@ 23. 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), Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 3 14. Comply with the letter from the Fresno Yosemite International Airport(dated August 7, 2007). GENERAL CONDITIONS 15. 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. 16. 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. 17. 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. 18. 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 deterrnined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 19. 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. 20. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. 21. 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. 22. 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 APublic Works Standards.@ 23. 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), Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 4 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. 24. 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. 25. 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). 26. 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. 27. 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 28. The Fresno Fire Department offered no comments. STREETS AND RIGHTS-OF-WAY 29. Comply with the Department of Public Works, Engineering Division memorandum dated May 14, 2007. 30. Repair or replace all existing damaged and/or off-grade off-site concrete improvements in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. 31. Submit the following plans in a single package to the Planning and Development Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 4 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. 24. 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. 25. 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). 26. 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 forthis tentative map to the Public Works Department for review and approval. 27. 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 28. The Fresno Fire Department offered no comments. STREETS AND RIGHTS-OF-WAY 29. Comply with the Department of Public Works, Engineering Division memorandum dated May 14, 2007. 30. Repair or replace all existing damaged and/or off-grade off-site concrete improvements in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. 31. Submit the following plans in a single package to the Planning and Development Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 5 Department for review: Street construction, signing, striping,traffic signal and street lighting. Street Names 32. Change the following street names: Change North Maple Avenue Alignment to North Maple Avenue (Alignment) SANITARY SEWER 33. Comply with the Department of Public Utilities memorandum dated May 11, 2007 for sewer requirements. 34. The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area 3. Trunk Sewer Area 4. Sewer Facility Charge WATER SERVICE 35. Comply with the memorandum dated May 17, 2007 from the Department of Public Utilities, Water Division. FLOOD CONTROL AND DRAINAGE 36. 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 may be 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 8, 2007. DEPARTMENT OF PUBLIC WORKS, STREET TREES 37. Comply with the attached Depart. of Public Works, Street Trees dated June 28, 2007. DEPARTMENT OF TRANSPORTATION (CALTRANS) 38. In a letter from Caltrans dated May 8, 2007, offered no comments. COUNTY HEALTH DEPARTMENT 39. Comply with the letter from the County Health Department dated November 30, 2005. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 5 Department for review: Street construction, signing, striping,traffic signal and street lighting. Street Names 32. Change the following street names: Change North Maple Avenue Alignment to North Maple Avenue (Alignment) SANITARY SEWER 33. Comply with the Department of Public Utilities memorandum dated May 11, 2007 for sewer requirements. 34. The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area 3. Trunk Sewer Area 4. Sewer Facility Charge WATER SERVICE 35. Comply with the memorandum dated May 17, 2007 from the Department of Public Utilities, Water Division. FLOOD CONTROL AND DRAINAGE 36. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision orany amendments or modifications to those requirements, which may be 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 8, 2007. DEPARTMENT OF PUBLIC WORKS, STREET TREES 37. Comply with the attached Depart. of Public Works, Street Trees dated June 28, 2007. DEPARTMENT OF TRANSPORTATION (CALTRANS) 38. In a letter from Caltrans dated May 8, 2007, offered no comments. COUNTY HEALTH DEPARTMENT 39. Comply with the letter from the County Health Department dated November 30, 2005. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 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 Flood Control District Fee $0.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger N/A Service Area: e. Wastewater Facilities Chargees $2,119/living unit f. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge► $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Feer N/A Service Area: I. Well Head Treatment Feer N/A Service Area: m. Recharge Feer NIA Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 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 Flood Control District Fee $0.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Chargelf N/A Service Area: e. Wastewater Facilities Charge. $2,119/living unit f. House Branch Sewer Chargee N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge* $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Feev N/A Service Area: I. Well Head Treatment Feev N/A Service Area: m. Recharge Feev N/A Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 7 Service Area: n. 1994 Bond Debt Service* NIA Service Area: DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee - Citywide+* $539/living unit p. Park Facility Impact Fee - Citywide** $2,278/living unit q. *Quimby Parkland Dedication Feev* $1,120/living unit r. Locally Regionally Significant Street Charge*** $8,361/adj. acre s. Police Facilities Impact Fee - Citywide+* $624/living unit t. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE u. Major Street Charge* N/A Service Area: v. Major Street Bridge Charge* N/A Service Area: w. UGM Grade Separation Fee* N/A Service Area: x. UGM Trunk Sewer Charge* N/A Service Area: y. Street Acquisition/Construction Chargee N/A Notes: * Fee applicable to all maps accepted for filing after August 30, 2005 ** Fee applicable to all maps accepted for filing after January 23, 2007 Y Due at time of subdivision. .� Due at time of development. ♦ Due at occupancy. Deferrable through Fee Deferral Covenant. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 7 Service Area: n. 1994 Bond Debt Service* N/A Service Area: DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee - Citywide+* $539/living unit p. Park Facility Impact Fee - Citywide+* $2,278/living unit q. *Quimby Parkland Dedication Feev* $1,120/living unit r. Locally Regionally Significant Street Charge*** $8,361/adj. acre s. Police Facilities Impact Fee - Citywide+* $624/living unit t. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE u. Major Street Charges N/A Service Area: v. Major Street Bridge Charge-6 N/A Service Area: w. UGM Grade Separation Fees► N/A Service Area: x. UGM Trunk Sewer Charge* N/A Service Area: y. Street Acquisition/Construction Chargee N/A Notes: * Fee applicable to all maps accepted for filing after August 30, 2005 ** Fee applicable to all maps accepted for filing after January 23, 2007 ♦ Due at time of subdivision. 4 Due at time of development. ♦ Due at occupancy. .6 Deferrable through Fee Deferral Covenant. Conditions of Approval Vesting Tentative Parcel Map No. 2004-37 August 7, 2007 Page 8 KAMaster Files-Parcel Maps\Parcel Maps'96-'OS\Parcel Maps 2004\TPM-2004-37 Southside of Holland between Chestnut and Maple—PB\2 parcels\TPM- 2004-37 COA.doc .a* I City of r-n=�0:—. ,►oow DATE: May 14, 2007 TO: Will Tackett, Planner II Development Department, Planning Division, C ,rent Planning THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio FROM: Gregory A. Jenness, Senior Engineering Technic Public Works Department, Engineering Division SUBJECT: Tentative Parcel Map 2004-37rev., Public Works Conditions of Approval Location: Northeast corner of North Sierra Vista Avenue and East Richert Avenue Owner: Mary Ann Contreras Woods STREET IMPROVEMENT REQUIREMENTS The Public Works Department, Traffic Planning Section, 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. Offsite improvements shall be installed or an executed, secured written agreement to improve the required offsite improvements is required, prior to acceptance and approval of the final subdivision map by Council. General Conditions • 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. • 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. • 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, 8-801 and Resolution No. 78-522/88-229. Streets: East Holland Avenue: Local (60') 1. Dedicate 30' of property, measured from center line, for public street purposes within the limits of this map, per City Director's Determination # 11. 2. All required Public works improvements exist. - 1 — T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\TentPM200437rev. Sierra Vista&Richert.doc North Seirra Vista Avenue: Local (44') 1. Dedicate 30' of property, measured from property line, for public street purposes within the limits of this map, per City Director's Determination # 11. 2. Dedicate a corner cut for public street purposes at northeast corner of North Sierra Vista Avenue & East Richert Avenue and at the southeast corner of North Sierra Vista Avenue & East Holland Avenue for standard curb ramps with 20' returns. 3. Construct concrete curb, gutter (built to a 10' pattern) and 20' returns with ramps, in accordance with Public Works Standard P-5 & P-28. 4. Construct concrete sidewalk, built to a 10' pattern, in accordance with Public Works Standard P-5, across Remainder parcel frontage only. 5. Construct 20', from face of curb, (or to the center of the street, whichever is greater) of permanent asphalt concrete paving in accordance with Public Works Standard P-50, A.C. transition as needed. 6. Construct an underground street lighting system in accordance with Public Works Standard E-2 within the limits of this map. Spacing and design shall conform to Public Works Standard E-9 for Local Streets, (for Remainder Parcel only). East Richert Avenue: Local (60') 1. Dedicate 30' of property, measured from center line, for public street purposes within the limits of this map, per City Director's Determination # 11. 2. Construct concrete sidewalk, driveway, curb and gutter, built to a 12' pattern, in accordance with Public Works Standard P-5. 3. Construct 18', from face of curb, (or to the center of the street, whichever is greater) of permanent asphalt concrete paving in accordance with Public Works Standard P-50, A.C. transition as needed. 4. Construct an underground street lighting system (1 light) in accordance with Public Works Standard E-2 within the limits of this map. Spacing and design shall conform to Public Works Standard E-9 for Local Streets, (for Remainder Parcel only). UGM: This Parcel Map is not within a U.G.M. Major Street Zone. - 2 — T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\TentPM200437rev.Sierra Vista&Richert.doc C ity of F R E S as DEPARTMENT OF PUBLIC UTILITIES Date: May 15, 2007 To: ARNOLDO RODRIGUEZ, Supervising Planner Planning and Development Department, Current Planning From: CHRIS WEIBERT, Management Analyst II Public Utilities Department, Administration Subject: PM-2004-37 for approximately 2.5 acres of property located on the south side of East Holland Avenue,just west of North Chestnut Avenue. Does Project Affect Your Agency/Jurisdiction No - Project does not directly affect Solid Waste Division Recommended Conditions of Approval None. Page I of 1 City of left IEina& DEPARTMENT OF PUBLIC UTILITIES Date: May 11, 2007 To: ARNOLDO RODRIGUEZ, Supervising Planner Planning and Development Department From: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER REQUIREMENTS FOR PM-2004-37 General PM-2004-37 proposes approximately 2.5 acres of property located on the south side of East Holland Avenue,just west of north Chestnut Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are an 8-inch sewer main located in East Richert Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Separate sewer house branches are required for each lot. 2. Abandon all existing on-site private sanitary septic systems. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge 4. Sewer Facility Charge City of WATER DIVISION Date: May 17, 2007 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities, Water Division From: MICHAEL CARBAJAL, Supervising Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2004-37 The following conditions are required to provide water service to the development. 1. Separate water services with meters shall be provided to each parcel. 2. Seal and abandon existing on-site well(s) in compliance with the State of California Weil Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 3. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the development including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 4. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. TAPROJM\MEMConditions of ApprovaAPM 2004-37 051707.doc File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager MARY ANN CONTRERAS WOODS Planning & Development Department 4707 E. RICHERT AVE. City of Fresno FRESNO, CA 93726 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2004-037 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " C " " - " DRAINAGE AREA " C " $0.00 DATE /Z — / —05 DRAINAGE AREA - - TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District O 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 o above is based on the tentative map. Contact the FMFCD project engineer prior to 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. 2004-037 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 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. X a. Drainage from the site shall be directed to E. Holland Ave. and/or N. Sierra Vista Ave. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 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: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement_..plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X 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. 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: X Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 2004-037 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 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Does not appear to be located within a flood prone area. 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 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. Z State General Permit for Storm Water Discharges Associated with Construction O 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 Board (State Board), develop and implement a storm water pollution prevention plan, o eliminate non-storm water discharges, conduct routine site inspections,train employees o in permit compliance, and complete an annual certification of compliance. 0 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. 2004-037 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 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. See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Project Engineer: Mike Hill District Engineer C: YAMABE AND HORN 1300 E. SHAW AVE., SUITE 176 FRESNO, CA 93710 2004-037 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document Date Adopted: September 11, 1981 POLICY MANUAL Date Last Amended: August 10,2005 Classification: FLOOD PLAIN MANAGEMENT Subject: Flood Plain Policy approved By: Because of the relatively high velocities and volumes of flood flow associated with primary flood plains,and because the primary flood plain is responsible for passing the greatest percentage of the flood event,development located in such flood plains is subject to substantial risk,both to itself and to others as a result of the potential for blockage and diversion of flood waters. In view of these factors: Policy: (1) All proposed development activity shall reference the Flood Insurance Rate Map to determine if it is located in a 100-year flood plain (special flood hazard areas inundated by a 100-year flood) "Primary Flood Plain". Any project not located within a FIRM or located in any area where the FIRM is determined to be inaccurate shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development to the primary flood plain;and,further, p identify the calculated water surface elevation ofthe 100-year flood event. (2) The development must be properly flood proofed below the calculated water surface elevation of the 100-year flood event. (3) All development and/or permanent improvement activity which, if located within the primary floodway,may unduly impede,retard or change the direction of flow of water either,by itself,or by the catching or collecting of other debris or is placed where the flow of water would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted. (4) The development shall not cause displacement of any and all floodwaters from that portion of the flood plain to be developed. board\policies\perm\flood plain policy DEPARTMENT OF PUBLIC WORKS TO: Arnoldo Rodriguez, Supervising Planner Planning Division FROM: Hilary Kimber,Parks Supervisor II(559.621.8794) Public Works Department DATE: June 28,2007 SUBJECT: Tentative Parcel Map 2004-37 The Department of Public Works offers the following comments regarding TPM 2004-37, 4708 E. Holland Avenue: One tree planted at the minimum of every 60' is required. There are a total of nine(9)trees required for this project,five (5) trees on East Holland Avenue and four(4) trees on North Sierra Vista Avenue. The suggested tree species for N. Sierra Vista Avenue is Pistacia chinensis (Chinese Pistache) There is no designated street tree for E. Holland Avenue. Please choose an appropriate street tree from the City of Fresno Public Works Tree List. COUP County of Fresno i Department of Community Health C Edward L. Moreno,M.D.,M.P.H., Director-Health Officer 856 ARES 999999999 November 30, 2005 L00011094 -- PE 2602 a L� Paul Bernal DEC Q 2 2005 City of Fresno Development Department Plar�rsi, �-�:vi,ior' O eve icpm9ni D,,�.x�,_.r., 2600 Fresno Street CITY O :_-• Fresno, CA 93721 Dear Mr. Bernal: PROJECT NUMBER: R-04-102 and Vesting TPM 2004-37 PROJECT DESCRIPTION AND LOCATION: Rezone Application No. R-04-102 is a request to rezone approximately 2.5 acres of property located on the south side of East Holland Avenue between North Chestnut and North Maple Avenues from the R-A (Rural Residential-County) zone district the R-1-A (Single Family Residential District) zone district. Vesting Tentative Parcel Map Application No. 2004-37 is proposing to subdivide the 2.5 acre parcel into two residential parcels with one remainder. APN: 430-190-01 Zoning: From R-A to R-1-A Address: 4707 East Richert Avenue Recommended Conditions of Approval: All parcels shall be required to connect to both the City of Fresno's community water and community sewer systems. REVIEWED BY: Glenn Allen, Re Ist ed Environmental Health Specialist II (559) 445-3357 ga R-04-102 and Vesting TPM 2004-37 Contreras-Woods 1221 Fulton Mall/P.O. Box 11867/Fresno,California 93775/(559)445-3357/FAX(559)445-3379 Equal Employment Opportunity•Affirmative Action•Disabled Employer Street Name Review' 2nd review TPM-2004-37 6-14-07 Street Name Status Required Change East Gettysburg Avenue Good East Holland Avenue Good East Richert Avenue Good North Maple Avenue Alignment Chane North Maple Avenue (Alignment) North Sierra Vista Avenue Good North Chestnut Avenue Good CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY FINDING OF CONFORM17 Y/MEIR NO. 70730 ( , Pursuant to Section 21157.1 of the Caiifornia Public Resource Code DATE RE OR-FILING: (California Environmental Quality Act) the ' project described below is ,,aril determined to be within the scope of the Master Environmental Impact Report - - f ' (MEIR) No. 10130 prepared for the 2025 Fresno General Plan Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Initial Study Prepared By: May Ann Woods Paul Bernal, Planner III 4716 East Richert Avenue January 12, 2006 Fresno, California 93726 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-04-102 & Vesting Tentative South side of East Holland Avenue between North Parcel Map No.2004-37 _ Chestnut Avenue and the North Sierra Vista Avenue . Alignment (APN: 312-170-64) Project Description: Mary Ann Woods has filed Rezone Application No. R-04-102 and Vesting Tentative Parcel Map No. 2004-37 pertaining to approximately 2.5 acres of property located on the south side of East Holland Avenue between North Chestnut Avenue and the North Sierra Vista Avenue Alignment. The rezone application proposes to rezone the subject property from the R-A (Single Family Residential—Agricultural District) zone district to the R-1-A (Single Family Residential District) zone district. The parcel map is proposing to subdivide the subject property into two residential parcels with one remainder. The property is within the jurisdiction of the Fresno Yosemite International Airport and Environs Plan, Hoover Community Plan and the 2025 Fresno General Plan. The Fresno Yosemite International Airport and Environs Plan, Hoover Community Plan and the 2025 Fresno General Plan designate the subject site for low density residential planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans, the planned land use designation of low density residential is consistent with the proposed R-1-A zone district. The subject property is currently developed with one single family residence and is surrounded by single family residential development to the north, east and south while property to the west is developed with a ponding basin. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The recently adopted 2025 Fresno General Plan, the West Area Community Plan and Fresno Yosemite International Airport and Environs Plan designate the subject site for low density residential planned land uses. The proposed R-1-A zoning for the subject property conforms to the low density residential planned land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed rezone application and tentative parcel map in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is currently developed with a single family residence and is surrounded by single family residential uses. Thus, the rezoning and parcel map would 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 parcels. 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 MEIR No. 10130 have been applied to the project necessary to assure that the project will riot cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR .,,o. 10130 Environmental Assessment No. R-04-102/TPIA No. 2004-37 January 12, 2006 Page 2 Per 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 a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MSIR. Relative to this specific project proposal, the environmental impacts noted in the MSIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the low density residential planned land use designation specified for the subject property. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). GilbertJ. aro Date Planning Manager, Ci f Fresno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-102/TPM No. 2004-37 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-04-102/TPM No. 2004-37 KWasler FBes-2004\'REZONE\R-04-102.TPM-2004-37 Somh We of Holland olw Chesinul 8 Maple-PWINOING OF CONFORMITY COVER PAGE.doc ENVIF WIENTAL ASSESSMENT (EA) CHE .LIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-04-102/7-PU No. 2004-37 1_0 TOPOGRAPHIC, SOIL. GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities (on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3.0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards.from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation . 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8_0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies 1 9.2 Acceleration of growth rate "1" No significant Environmental Effect 1 9.3 Induces unplanned growth The proposed project will not have an adverse 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity deficiencies on existing street system "2" Moderate Environmental Effect 1 10.2 Cumulative increase in traffic on a major street for which The proposed project will have an adverse environmental capacity deficiencies are projected effect in this category, which is of sufficient magnitude to 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through 1 10.5 Insufficient or poorly located parking project changes and conditions. 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the nrPnFratinn nt an Fnuirnmmnn}ol 1mn i M] rl X X o W X X � E T � N L O � V ° c� m U Q1 C.) � a ❑ ° ¢ Q r m 0 o aZ I I LL! r Ww 0)w a 0) ZU C C Q) C C O C C Q Q C •= a) 0 c 'C a) 0 c 'C a) 10 .2 W O u O J W - -t0 a 0 '� i LL. 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