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Home My WebLink AboutPM 2006-04 - Conditions of Approval - 2/7/2007 city of Nomm4niku\I/i me5 Planning & Development Department 2600 Fresno Street *Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 May 25, 2006 Please reply to: Paul Bernal (559) 621-8073 Yamabe & Horn Engineering, Inc. Attention: Brandon Broussard 1300 East Shaw Avenue, Suite 176 Fresno, California 93710 SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2006-04 DATED MARCH 7, 2006, FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH ARMSTRONG AVENUE BETWEEN EAST LIBERTY AND EAST LOWE AVENUES (APN: 313-635-03) The City of Fresno Planning Division has completed its review of the subject parcel map dated March 7, 2006. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is written to advise you that the Conditions of Approval dated May 23, 2006, are as noted on the attached document. Appeal: The divider or any aggrieved person may file an appeal regarding to 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 & Development Department. 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 8, 2006. EXPIRATION: The approval or conditional approval of this tentative Parcel Map expires two years from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map may not be filed without first processing a new Tentative Parcel Map. Modification of a 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& Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for the requesting the extension. New conditions may be imposed if an extension is granted. An extension may not exceed an aggregate of five years. Yamabe & Horn Engineering, Inc. Vesting Tentative Parcel Map No. 2006-04 May 25, 2006 Page 2 If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Rick Sommerville(engineering or improvements issues) or Paul Bernal (planning or zoning issues). Should you have any questions regarding the conditions you must notify either Rick Sommerville at (559) 621-8277 or Paul Bernal at (559) 621-8073 by June 8, 2006, 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. Sincerely, PLANNING DIVISION aul ernal, Planner III Planning and Development Department Enclosures: Vesting Tentative Parcel Map No. 2006-04 dated March 7, 2006 Conditions of Approval dated May 23, 2006 KAMaster Files-Parcel Maps\Parcel Maps 20061TPM 2006-04&R-06-005--Yamabe&Hom—MApproval LetterWpproval Letter TPM-2006-04.doc Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorders Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO ' PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY westerlund BILL NO. B-68 ORDINANCE NO. 2006-67 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO. WHEREAS, Rezone Application No. R-06-05 has been filed with the City of Fresno by Lennar Homes, Inc. property owner, to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 191h day of April, 2006, to consider Rezone Application No. R-06-05 and related Environmental Assessment No. R-06-051TPM No. 2006-04 during which the.Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the AE-20 (Exclusive Twenty Acre Agricultural)zone district to the R-1 (Single Family Residential District) zone district; and, WHEREAS, the Council of the City of Fresno, on the 161h day of May, 2006, received the recommendation of the Planning Commission. 0 t1�1 r, 7 r . N�dW, THEREFORE, THE UNCIL OF THE CITY OF FRESNO D�, :_8 ORDAIN AS FOLLOWS: SECTION 1. Based upon the information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, prepared for Environmental Assessment No. R-06-05/TPM No. 2006-04 is hereby approved. SECTION 2. The Council finds the requested R-1 (Single Family Residential District)zone district is consistent with the medium-low density residential planned land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan, as specified in Section 12-403.8. of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single Family Residential) zone district: THE SOUTH 164 FEET OF THE WEST 240 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SURVEYS OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on the thirty-first day after its passage. 111 ` CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 16th day of May , 2006, by the following vote: Ayes: Boyajian, Calhoun, Dages, Perea, Westerlund, Duncan Noes: None Absent: Sterling Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: James Sanchez Interim Attom B Deputy Rezone Application No. R-06-05 Filed by Lennar Homes, Inc. Assessor's Parcel No. 313-635-03 KAMester Files•20081Rezones\A-0S-005 6 TPM 2008-04—341 S Armstrong Ave—PB%Ordinance\CC Ordinance&Il.doc V W C\2 4 Nth �� p �k to � Wag r j F bl jig a m � bpi 9F� I I D y v fi a B SYS k i gig g Qa N d' W z Il a z 3nN3Av 33NVM3d"X NLnOS Wz"I', MmGO i lunos I gge $o I I I I � � »o+v oNmusnw lun0s I I �g I J,, I — — 3 3 D I gp l I. 8 3 r ia3eil�Ninos a I I 81 I u ., k . • E. . I I I O'Y01 M!L•100N I — Roza —_00zs — Iir w w � a I cpm N vw d I I (LI $GGSSS Y b k t, Q � Q I a< Ao'wl I I >n i �. s—arms D L I I � r ,LL ILI `�( I zswas• nu • •�• • • .— I.vcseri 3.U.0 w 005 ccn 3ntmv aNOMLsmw HLnos 9 9 9 0 I .eo•Ytsi 3.eZAKC 1. UiNnOJ) I I 1rLLN301S3V ALISN30 M01 I I I ` City of ��ii REPORT TO THE CITY COUNCIL I=" a� AGENDA ITEM NO. rn �. COUNCIL MEETING 05/16/06 May 16, 2006 APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Department--.., DEPARTMErrrDrRecAlva: BY: GILBERT J. HARO, PlanninM ager V' CrTYMAnrAeER Planning Division SUBJECT: CONSIDERATION OF REZONE TION NO. R-06-05 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-06-05/TPM No. 2006-04 KEY RESULT AREA One Fresno RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-06-05/TPM No. 2006-04 dated March 30, 2006 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Rezone Application No. R-06-05 to reclassify the subject property from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single-Family Residential) zone district. EXECUTIVE SUMMARY Rezone Application No. R-06-05 is requesting to reclassify approximately 0.90-acre of property located on the east side of South Armstrong Avenue between East Lowe and East Liberty Avenues. The rezone application is proposing to reclassify the subject property from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single Family Residential) zone district. If approved, the rezone application would facilitate the development of two single-family residential parcels. The subject site is located within the Roosevelt Community Plan and the 2025 Fresno General Plan and is designated for medium-low density residential planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the planned land use designation of medium-low density residential is consistent with the proposed R-1 zone district. Thus, Rezone Application No. R-06-05 would bring the proposed zoning of the site into conformance with the Roosevelt Community Plan and the 2025 Fresno General Plan. The requested rezoning of the site is supported by staff and the Roosevelt Community Plan Implementation/Advisory Committee. On April 19, 2006 the Fresno City Planning Commission recommended approval of the rezone application to the City Council. 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. 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 REPORT TO THE CITY COUNCIL Rezone Application No. R-06-05 May 16, 2006 Page 2 and technical staffs, which 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. PROJECT INFORMATION PROJECT Request to rezone approximately 0.90-acre from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single Family Residential District) zone district APPLICANT Lennar Homes, Inc. LOCATION East side of South Armstrong Avenue between East Lowe and East Liberty Avenues (Council District 5, Council member Dages) SITE SIZE 0.90-acre LAND USE Existing - Vacant Proposed - Single-Family Residential ZONING Existing - AE-20 (Exclusive Twenty Acre Agriculturao Proposed - R-1 (Single-Family Residential) PLAN DESIGNATION The proposed R-1 zone district is consistent with the Roosevelt AND CONSISTENCY Community Plan and the 2025 Fresno General Plan land use designation of the site for medium-low density residential planned land uses (2.19 to 4.98 dwelling units per acre) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated March 30, 2006 PLAN COMMITTEE The Roosevelt Community Plan Implementation/Advisory RECOMMENDATION Committee, recommended approval with conditions of the rezone application and the vesting tentative parcel map at their March 13, 2006 meeting STAFF Approve rezone application RECOMMENDATION PLANNING COMMISSION On April 19, 2006 the Planning Commission voted to recommend RECOMMENDATION approval of the rezone application by a vote of 6 to 0 with one Planning Commissioner absent REPORT TO THE CITY COUNCIL Rezone Application No. R-06-05 May 16, 2006 Page 3 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium-Low Density R-1 Residential Single-Family Residential Single-Family Residential South Medium-Low Density AE-20 Vacant Residential Exclusive Twenty Acre Agricultural East Road/Medium-Low Density R-1 South Filbert Avenue/Single- Residential Single-Family Residential Family Residential RR-5 South ArmstrongAvenue/ West Road/Medium-Low Density Rural Residential Five Acres(Fresno Residential County) Single-Family Residential ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The proposed project has been determined to be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not 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). 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 March 30, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was published on March 30, 2006, with no comments received. BACKGROUND / ANALYSIS The applicant Lennar Homes, Inc., has filed Rezone Application No. R-06-05 which proposes to reclassify approximately 0.90-acre of property located on the east side of South Armstrong Avenue between East Lowe and East Liberty Avenues, from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single Family Residential) zone district. The applicant has also filed Vesting Tentative Parcel Map No. 2006-04 which proposes to subdivide the subject site into two single-family residential parcels. Pursuant to the State Subdivision Map Act, in order to approve a parcel map, the zoning of the subject site must be consistent with the adopted General Plan and all community plans. The subject site is located within the Roosevelt Community Plan and the 2025 Fresno General Plan, both of which designate the subject site for medium-low density residential planned land uses. The site is surrounded to the north and east (across from South Filbert Avenue) by a single family residential subdivision that is currently under construction; property to the south is currently vacant, while property to the west (across from South Armstrong Avenue) is developed with single family residences. The medium-low density residential land uses allows 2.19 to 4.98 dwelling units per acre, which would be implemented by the proposed R-1 (Single Family Residenda� zone district. Thus, the REPORT TO THE CITY COUNCIL Rezone Application No. R-06-05 May 16, 2006 Page 4 approval of the rezone application would facilitate the approval of the tentative parcel map and bring the site into conformance with the Roosevelt Community Plan and the 2025 Fresno General Plan. Roosevelt Community Plan Implementation/Advisory Committee The Roosevelt Community Plan Implementation/Advisory Committee reviewed and recommended approval with conditions of the requested rezone at their March 13, 2006, meeting. The committee recommended that a masonry block wall with anti-graffiti landscaping be provided along South Armstrong Avenue and that the applicant dedicate and construct all off-site improvements. The committee also recommended that no roof mounted A.C. units be allowed. These recommendations will be incorporated into the conditions of approval for the vesting tentative parcel map application. Fresno City Planning Commission On April 19, 2006, the Fresno City Planning Commission considered Rezone Application No. R-06-05. The Commission voted to recommend approval of the rezone application to the City Council by a vote of 6 to 0 with one Planning Commissioner absent. Land Use Plans and Policies The subject site is designated for medium-low density residential planned land uses by the 2025 Fresno General Plan and the Roosevelt Community Plan. The proposed rezoning of the site from the AE-20 zone district to the R-1 zone district is consistent with the planned land use designation pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan. In addition, the following development standards and policies are applicable. Policy C-2-e of the General Plan: Reinforce the Roosevelt Community Plan strategies as amended by the 2025 General Plan objectives and policies to sustain its many desirable community features and use its substantial growth potential (land area, transportation, sewer collection, water, and natural resource capacities) to accommodate projected population growth and economic development within a pleasing desirable environment. Policy C-7-j of the General Plan: Continue to pursue a rezoning implementation program which ensures that all vacant or single-family residential developed parcels (that are planned for low, medium-low, or medium density residential use) are also rezoned consistent with the planned use. Policy C-10 of the General Plan: Promote the development of more compact pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. The above stated policies of the 2025 Fresno General Plan emphasize the creation of a diversified residential neighborhood with planned land uses to maximize utilization of available or planned public facilities. The subject site will be subdivided to create two residential parcels which will essentially provide for infill opportunities and utilization of the existing resources and public facilities. With its current zoning of AE-20, the subject site could be developed with only one single-family home. By rezoning the parcel to R-1 zone district, the applicant is able to divide the property into two parcels for single-family residential uses which is compatible with the development in the adjoining area. It is anticipated that this rezone will facilitate development that will enhance the existing neighborhood. REPORT TO THE CITY COUNCIL Rezone Application No. R-06-05 May 16, 2006 Page 5 Sidewalks and Streets The applicant has also filed Vesting Tentative Parcel Map Application No. 2006-04, which is proposing to subdivide the parcel into two single-family residential parcels. The proposed parcels meet all standards as required by the R-1 zone district. Upon approval of the parcel map, the applicant will be required to dedicate property in order to widen South Armstrong Avenue. In addition, the applicant will be required to construct concrete curb, gutter, sidewalks and an underground street lighting system for the proposed parcels. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations, as indicated in their memorandum dated March 10, 2006, has reviewed the proposed rezone and tentative parcel map applications and has no comments regarding the proposed project. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-06-05 is appropriate for the project site. K Waster Files-2008%RezonesW-08-005&TPM 2008-04—341 S Amisbmg Ave—P9 Caunai1105-18-0B.doa Attachments: Vicinity Map 2005 Aerial Photograph of Site General Plan Land Use Map Exhibit A, Vesting Tentative Parcel Map No. 2006-04 dated February 13, 2006 Exhibit B, CALTRANS memorandum dated March 10, 2006 Environmental Assessment No. R-06-05/TPM No. 2006-04, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10 130) dated March 30, 2006 Planning Commission Resolution No. 12462 Ordinance Bill LANE I LOWE I 1 LOWE 1 1 I W I m i LL 1 1 C3 LIBERTY LIBERTY J AE-20 fi 1 1 j 1 1 LYELL ' Vp 1 BUTLER LEGEND Property Subject Subjbr. � p rty ��' U.G.M.Area VICINITY PLANNING & DEVELOPMENT N DEPARTMENT REZONE APPLICATION NO. R-06-005 A.P.N.: 313-635-03 From AE-20 to R-1 w E ZONE MAP: 2556 341 S. FILBERTAVE. 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I - r------ � - - - - - ro-.1•c 3.fiJMo•f _- ---- a (ALNI%17) :Y I"LN3O53N 116.30.01 Exhibit B CALTRANS memorandum dated March 10, 2006 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 23, 2006 VESTING TENTATIVE PARCEL MAP No. 2006-04 East side of South Armstrong Avenue between East Liberty and East Lowe 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 imposition of the fees, dedications, reservations or exactions imposed on the development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2006-04, dated March 7, 2006, 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 south 164 feet of the north half of the southwest quarter of the northeast quarter of Section 10,Township 14 South, Range 21 East, Mount Diablo Base and Meridian,in the County of Fresno,State of California,according to the map the Official Plat of Surveys of Said Land on file in the Bureau of Land Mangement. PLAN CONSISTENCY 2. The 2025 Fresno General Plan and the Roosevelt Community Plan designate the parcel map for development with medium-low density residential planned land uses. The Zoning District Consistency Table of the FMC identifies medium-low density residential planned land use as consistent with the adopted R-1 (Single Family Residential) zone district. Conditions of Approval Vesting Tentative Parcel Map No.2006-04 May 23, 2006 Page 2 ZONING 3. 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). 4. Rezone Application No. R-06-05 was submitted for the subject property requesting to reclassify the site from the AE-20(Exclusive Twenty Acre Agricultural)zone district to the R-1 zone district. The rezone application was approved by the Fresno City Council on May 16, 2006 per Ordinance Bill No. 2006-67. 5. Relinquish access rights to South Armstrong Avenue from proposed Parcels"A"and"B". Ref. Section 12-10114-3 of the FMC. 6. Pursuant to Policy 1-5.8 of the Roosevelt Community Plan the developer/owner shall provide a 15 foot landscape easement (and irrigation system) along the western property lines of proposed Parcels "A"and "B"which back-onto South Armstrong Avenue. 7. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the wall requirements of Section 12-306-H of the FMC and at the rear of the required 15 foot landscape easement along South Armstrong Avenue. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 8. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 9. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559)621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Landscaping and irrigation systems as approved by the Parks Department at the following locations: i. Within the street easements (including median to centerline) and the 15 foot wide landscape easement along the property lines that back onto South Armstrong Avenue. b. All local streets, curbs and gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the map. Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 3 c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline) within South Armstrong Avenue as approved by the Public Works Department along parcel frontage. d. All street lights as approved by the Public Works Department within the boundary of the map. 10. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 11. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 9,above,then the property owner/developer shall create a homeowner's association for the maintenance of these items, utilities and walls. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 12. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. SETBACKS 13. Building setbacks for Parcel "A"are as follows: Southern Property Line 5 Feet Eastern Property Line 20 Feet Western Property Line (i.e. S. Armstrong Ave.) 35 Feet Northern Property Line 5 Feet 14. Building setbacks for Parcel "B"are as follows: Southern Property Line 5 Feet Eastern Property Line 20 Feet Western Property Line (i.e. S. Armstrong Ave.) 35 Feet Northern Property Line 5 Feet Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 4 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 FMC, 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 Attorneys 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 "Public Works Standards." Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 5 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), 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 has no requirements at this time. STREETS AND RIGHTS-OF-WAY South Armstrong Avenue (Collector Street): 29. Dedicate 66 feet of property, measured from section line, for public street purposes within the limits of this map. Conditions of Approval Vesting Tentative Parcel Map No.2006-04 May 23, 2006 Page 6 30. Construct concrete curb, gutter, built to a 10 foot pattern, in accordance with Public Works Standard P-5. 31. Construct 37 feet of permanent asphalt concrete paving, from face of curb, in accordance with Public Work Standard P-50. 32. Construct an underground street lighting system in accordance with Public Works Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 33. Relinquish direct vehicular access to South Armstrong Avenue from both Parcel"A"and"B" of this parcel map. 34. Comply with Department of Public Works, Engineering Division memorandum dated April 24, 2006. Sanitary Sewer Service 35. Abandon all existing on-site private sanitary sewer systems. 36. Separate sewer house branches are required for each lot. 37. Comply with the Department of Public Utilities, Planning and Engineering memorandum dated March 13, 2006. Sanitary Sewer Fees 38. The following Sewer Connection Charges are due and shall be paid for the Project: a. Sewer Lateral Charge b. Oversize Sewer Charge c. Trunk Sewer Area: Fowler d. Wastewater Facilities Charge (Residential) Water Service 39. Separate water services are required for each lot. 40. Seal and abandon existing on-site well(s) in compliance with the State of Califomia Well Standards, Bulletin 74-990 or current revisions issued by California Department of Water Resources and City of Fresno standards. 41. 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. Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 7 42. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 43. Comply with the Department of Public Utilities, Water Division memorandum dated March 10, 2006. Park Service Fee 44. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance Nos.2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. FLOOD CONTROL AND DRAINAGE 45. 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 1, 2006. 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 $5,747.00 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 Chargee $344/living unit Service Area: Fowler e. Wastewater Facilities Charge.- $2,119/living unit f. House Branch Sewer Charge♦ N/A Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 8 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 $304/net acre Debt Service Charge (parcels under 5 gross acres) k. UGM Water Supply Fee♦ N/A Service Area: I. Well Head Treatment Fee♦ N/A Service Area: m. Recharge Feev N/A Service Area: n. 1994 Bond Debt Service* N/A Service Area: DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide*** $539/living unit p. Park Facility Impact Fee -Citywide*** $3398/living unit q. *Quimby Parkland Dedication Feev** N/A r. Police Facilities Impact Fee - Citywide*** $624/living unit s. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge* N/A Service Area: Conditions of Approval Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 9 u. Major Street Bridge Charge* N/A Service Area: v. UGM Grade Separation Fee* N/A Service Area: w. UGM Trunk Sewer Charge* N/A Service Area: x. Street Acquisition/Construction Chargee N/A Notes: *This amount if paid is creditable against the Park Facility Impact Fee. ** Fee applicable to all maps accepted for filing after August 30, 2005 ♦ Due at time of subdivision. * Due at time of development. ♦ Due at occupancy. .6 Deferrable through Fee Deferral Covenant. K.Wlaster Files-Parcel Maps\Parcel Maps 2006\TPM 2006.04&R-06-005—Yamabe&Hom—PB\Conditions of Approval TPM-2006-04.doc City of Lk \\I// PLANNING AND DEVELOPMENT DEPARTMENT DATE: May 23, 2006 TO: NICK P. YOVINO, Director Planning and Development Department THROUGH: GILBERT J. HARD, Planning Manag Planning Division FROM: PAUL BERNAL, Planner I Planning Section SUBJECT: REQUIRED FINDINGS AND CONDITIONAL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2006-04, DATED MARCH 7, 2006, FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH ARMSTRONG AVENUE BETWEEN EAST LIBERTY AND EAST LOWE AVENUES (APN: 313-635-03) BACKGROUND Vesting Tentative Parcel Map No. 2006-04, filed by the Lennar Homes and accepted for processing on March 7, 2006, proposes to subdivide approximately 0.90 acre of property into two parcels. The subject site is located on the east side of South Armstrong Avenue between East Liberty and East Lowe Avenues. The subject site was reclassified from the AE-20 (Exclusive Twenty Acre AgriculfuraQ zone district to the R-1 (Single Family ResidenfiaQ zone district by the Fresno City Council on May 16, 2006 (Ordinance Bill No. 2006-67). The subject property is located within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan. The Roosevelt Community Plan and the 2025 Fresno General Plan designate the site for medium-low density residential planned land uses which is consistent with the adopted R-1 zone district as identified in Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan. If approved, the parcel map will facilitate in the subject site being subdivided into two single-family residential parcels. Furthermore, all comments and requirements from the appropriate agencies have been addressed in the conditions of approval dated May 23, 2006, for Vesting Tentative Parcel Map No. 2006-04. Approval of a tentative parcel map is subject to the Planning and Development Department Director finding the map is consistent with the officially adopted plans and policies of the City of Fresno. Staff has reviewed the proposed design of Vesting Tentative Parcel Map No. 2006-04 and has determined that the map is consistent with adopted policies as described below. REQUIRED FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process Vesting Tentative Parcel Map No. 2006-04 May 23, 2006 Page 2 included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The proposed project has been determined to be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not 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). 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 March 30, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on March 30, 2006. 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 improvements is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed parcel map be denied approval if any one of the Findings 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 Roosevelt Community Plan which designate the site for medium-low density residential planned land uses which is consistent with the recently adopted R-1 zone district. 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 future Master Plan Facilities. 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 of the urbanized nature of the area in which the site is located. 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. 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. 2006-04 May 23, 2006 Page 3 DIRECTOR DETERMINATION 1. Based upon the above analysis, the Planning and Development Department Director finds that Vesting Tentative Parcel Map No. 2006-04 dated March 7, 2006, is consistent with the applicable plans and policies of the City of Fresno. 2. The Planning and Development Department Director hereby grants approval of Vesting Tentative Parcel Map No. 2006-04 subject to the conditions of approval dated May 23, 2006, to become effective on May_, 2006. k P. Yovino Date KAMaster Files-Parcel Maps\Parcel Maps 2006\TPM 2006-04&R-06-005--Yamabe&Hom—P130irectors Memorandum.doc City of FRESAwn4ir DEPARTMENT OF PUBLIC UTILITIES Date: March 15, 2006 To: PAUL BERNAL, Planner III Planning and Development Department , Current Planning From: DONNA LESLIE, Provisional Management Analyst I Public Utilities Department, Administration Subject: PM-2006-04, a two lot parcel map for approximately 0.90 acres of property located on the east side of South Armstrong between East Butler and East Lowe Avenues. Does Proiect Affect Your A2ency/Jurisdiction No - Project does not directly affect Solid Waste Division Suggestions to Reduce Impacts/Address Concerns Subdividing this property will not directly affect Solid Waste, however, any new development on these sites will be serviced by the City of Fresno, Solid Waste Division. Recommended Conditions of Approval No requirements at this time. Additional Information None. City of lffe-R E MAY .1 200� DATE: April 24, 2006 CITY OF FRESNO PLANNING & DEVELOPMENT DEPT TO: Paul Bernal, Planner III Development Department, Planning Division, Cu r 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 2006-04Public Works Conditions of Approval Location: East side of South Armstrong Avenue: between East Lowe Avenue and East Liberty Avenue Owner: Lennar Fresno Inc. 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, rp for to acceptance and approval of the final subdivision map by Council. General Conditions • 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) Maior Streets: South Armstrong Avenue: Collector 1. Dedicate 66' of property, measured from section line, for public street purposes within the limits of this map. 2. Construct concrete curb and gutter, built to a 10' pattern, in accordance with Public Works Standard P-5. 3. Construct 37' of permanent asphalt concrete paving, from face of curb, in accordance with Public Works Standard P-50. - 1 — LATraffic Planning Section\Parcel Maps\TentPM200604 Filbert&Liberty.doc 4. Construct an underground street lighting system in accordance with Public Works Standard E-1 within the limits of this map, (Parcel "B"). Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access to South Armstrong Avenue from both Parcel "A" & "B" of this parcel map. - 2 — LATraffic Planning Section\Parcel Maps\TentPM200604 Filbert&Liberty.doc File No.210.411 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mi Mr. Gil Haro, Planning Manager LENNAR FRESNO, INC. 00 Planning& Development Department 7485 N. PALM AVE., SUITE 101 City of Fresno FRESNO, CA 93711 3 2600 Fresno Street - Fresno, CA 93721 MAP NO. 2006-004 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " BM 11 DRAINAGE AREA " BM $5,747.00 DATE DRAINAGE AREA - - TOTAL FEE $5,747.00 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 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 O indicated 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 O 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. 2006-004 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO ME' JPOLITAN FLOOD CONTROL DI RICT 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 -f{ 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: 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 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). X 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: 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.) 2006-004 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. X 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 3 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 N 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 N 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. I 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; 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. 2006-004 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. X See Exhibit No. 2 for additional comments, recommendations and requirements. 64 Ak`w N mom erald E. L an, Project Engineer: Mike Hill District Engineer C: YAMABE &HORN ENGINEERING, INC. 1300 E. SHAW AVE., SUITE 176 FRESNO, CA 93710 2006-004 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i NOTE: -----_------ _-----_---- THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROJQMATE. I I ( I I I I I I I I I I I I II I W I ¢ I I I I f II I I I I -- ---- --------------r— — --CB-f-:R-TY-AV - - r I� I, II I � Ij I I I - � Flo II � II I Q I. i LEGEND f-- Master Plan Facilities To Be Constructed By Developer-Inlet. Direction Of Drainage �---— Existing Master Plan Facilities SCALE V=200' —————— Inlet Boundary ® Existing Temporary Inlet To Be Removed By Developer. TPM 2006-004 DRAINAGE AREA:"BM" ',,� EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT WOO BY: RC DATE 41406 X%*=dfDW(i510 M16 rCAYPM1666.6W.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. Our records indicate that there is not continuous existing curb and gutter to convey runoff to the proposed Master Plan inlet to be constructed on Armstrong Avenue. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. Development No. TPM 2006-004 \\Fs2\engineering\Permits\Exhibit2\C ity-tpm\2006\2006-004.doc(mh) 1 City of CRlet"J ' ff' ��2V.4%40 DEPARTMENT OF PUBLIC UTILITIES Date: March 13, 2006 To: PAUL BERNAL, Planner III Planning and Development Department From: ROBERT DIAZ, Senior Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR PM-2006-04 General Tentative Parcel Map No. 2006-04 proposes a 2-lot parcel for approximately .90 acres of property located on the east side of South Armstrong Avenue between East Butler and East Lowe Avenues. 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 main to serve the proposed project is an 8-inch main located in South Filbert 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 sewer 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 Area: Fowler 4. Wastewater Facilities Charge (Residential) Water Requirements Comply with attached City of Fresno Water Division memo, dated March 10, 2006, for water requirements for Parcel Map 2006-04. 03/14/2006 08:51 5594984 WATER TSS PAGE 07 i City of WATER D I ON I Bate: March 10, 2006 To: DC UG HECKER, Supervising Engineering Technician Department of Public Utilities,Administration Through: NE)L MONTGOMERY, Chief Engineering Technician �- Department of Public Utilities, Water Division From: MI 1�HAEL CARBAJAL, Senior Engineering Technician Department of Public Utilities,Water Division i Subject: WAITER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2006-04 i The following congitions are required to provide water service to the development. 1. Separate slervices with meter boxes shall be provided to each parcel. 2. Seal and abandon existing on-site well(s)in compliance with the State of Califomia Well Standards Bulletin 74-90 or current revisions issued by Califomia Department of Water Resourcesl and City of Fresno standards. 3. Two indepIndent sources of water, meeting Federal and State Drinking Water Act Standards are required to serve the development including any subsequent phases thereof. Tie two-source requirement may be accomplished through a combination of water main extensions,construction of supply wells, or other acceptable sources of water supply appiroved by the Water Systems Manager. 4. All public dater facilities shall be constructed in accordance with Public Works Depa standards,specifications, and policies. i i I I I I I I I TAPROMWIMCandhimis dApprwWIPM 2D06-04 039006.doc t 1 0 Street Name Review TPM-2006-04 3-10-06 Street Name Status Required Change East Kings Canyon Road Good East Lowe Avenue Good East Liberty Avenue Good East Butler Avenue Good South Armstrong Avenue Good South Filbert Avenue Good South Temperance Avenue Good CIVIVICIIErs OP PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water March 10, 2006 Mr. Paul Bernal City of Fresno MAR 1 2006 Planning and Development Dept. 2600 Fresno Street, 3`d Floor s ^ nz, t Fresno, CA 93721-3604 - RE: TPM No. 2006-04 & R-06-005 Dear Mr. Bernal: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. 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 biohnson(a fresnoirriation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\PM2006-04 R-06-005 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEJELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO f'4HK.1�J.Ck7lJb C=�1F'!1 (-HL IKH(`t5 tL!-WN1N(� �RLh_I4.61 Ge.1i1 ' D �C CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND ENTITLEMENT APPLICATION REVIEW OF REZONE APPLICATION NO. R-06-005 &VESTING TENTATIVE PARCEL MIP NO. 2006-04 IRECETl Rttpm Completed Forth to: Caltrans Paul Bemal, Planner III (' ? i �. Qy J ph:(559) 621-8073 Planning &Development Department EoEi.OPlME'V'i DEPARTN12 T 2600 Fresno Street, Third Floor CITY OF FRESNO PROJECT DESCRIP71ON AND LOCATION: Rezone Application No.R-06-005 is a request to rezone approximately 0.65 acre of property located on the east side of South Armstrong Avenue between East Butler and East Lowe Avenues from the AE-20 (Exclusive Twenty Acre _Agricultural Distrko zone district to the R-1 (Single Family Residential Distrito zone district. Vesting Tentative Parcel Map No.2006-04 is purposing to subdivide the 0.65 acre site into two residential parcels. APN: 313-635-03 ZONING: From AE-20 to R-1 ADDRESS: 341 S. Filbert Ave. DATE ROUTED: March 7, 2006 COMMENT DEADLINE: Apiril 7, 2006 It no res ponce is recaivvd by the comment deadline, it wfff be assumed you have no comments to submit. WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes, specify.) SUGGESTIONS) TO REDUCE IMPACTSIADDRESS CONCERNS: RECOMMENDED CONDITIONS OF APPROVAL- . IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): REVIEWSY Name and Title Telephone Number Data Hoose Community Plan Attachments: Rezone Application &APN Page CITY OF FRESNu— ENVIRONMENTAL ASSESSMENT i INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code A FOR FILING: (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report06 MAR 30 PM 4: 39 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan {TY CLERK. FRESNO CA 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: Lennar Homes Inc. Paul Bernal, Planner III 7485 North Palm Avenue, Suite 101 March 30, 2006 Fresno, California 93711 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-06-05 & Vesting Tentative East side of South Armstrong Avenue between East Parcel Map No. 2006-04 Lowe and East Liberty Avenues (APN: 313-635-03) Project Description: Lennar Homes, Inc., has filed Rezone Application No. R-06-05 and Vesting Tentative Parcel Map No. 2006- 04 pertaining to approximately 0.90 acre of property located on the east side of South Armstrong Avenue between East Lowe and East Liberty Avenues. The rezone application is proposing to reclassify the subject property from the AE-20 (Exclusive Twenty Acre Agricultural District) zone district to the R-1 (Single Family Residential District) zone district. Vesting Tentative Parcel Map No. 2006-04 is requesting to subdivide the subject site into two residential parcels. The property is within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan, both of which designate the subject site for medium-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 medium-low density residential is consistent with the proposed R-1 zone district. The subject property is vacant and is surrounded to the north and east by a single family residential subdivision that is currently under construction; property to the south is currently vacant while property to the west is developed with single family uses. Conformance to Master Environmental Impact Report(MEIR NO. 10130): The recently adopted 2025 Fresno General Plan and the Roosevelt Community Plan designate the subject site for medium-low density residential planned land uses. The proposed R-1 zone district for the subject property conforms to the medium-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 and parcel map applications 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 vacant but may be developed at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the rezoning and parcel map will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject 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 not 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). 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 MEIR. Relative to this / Finding of Conformity Under MSIR No. 10130 Environmental Assessment No. R-06-05/TPM No. 2006-04 March 30, 2006 Page 2 specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium-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). /' © fir •�� . �, � dbert aro Date Planning Manager, Cityresno Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-06-05/TPM No. 2006-04 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-06-05/TPM No. 2006-04 K-Wadar Fllr-200 Aezc nasVI.0"W 8 TPM 200&04—341 5 Anndmng Ave—PBAErnkamenlal AwesamenllFINDING OF CONFORMITY.dac ENVIF (ENTAL ASSESSMENT(EA) CHE' ST j PuTENTIAL ENVIRONMENTAL EFFECI,� EA NO. R-06-05?PM No. 2006-04 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 OUILITY 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" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth environmental effect in this category, or any such effect is 1 9.4 Adverse change in existing or planned area 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 "2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 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 project changes and conditions. 1 10.5 Insufficient or poorly located parking 1 1o.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 preparation of an Environmental Impact Report. LL X X X (D W X O O N M cc E t O e`o U m ci a. 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O) _ O N N W aci U � mm _m t m m V c LL d ~ N ca " N 7 f0 - t� O cr Cm 0 L r m r a•O - a z o 6EcE Y FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12462 The Fresno City Planning Commission, at its regular meeting on April 19, 2006, adopted the following resolution relating to Rezone Application No. R-06-05. WHEREAS, Rezone Application No. R-06-05 has been filed with the Cityof Fresno to rezone the propertyas described below: REQUESTED ZONING: R-1 (Single Family Residential)zone district EXISTING ZONING: AE-20 (Exclusive Twenty Acre Agricultural)zone district APPLICANT: Lennar Homes, Inc. LOCATION: East side of South Armstrong Avenue between East Lowe and East Liberty Avenues APN: 313-635-03 LEGAL DESCRIPTION: From AE-20 to R-1 The land referred to herein is situated in the State of California, County of Fresno and is described as follows: THE SOUTH 164 FEET OF THE WEST 240 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT OF SURVEYS OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to facilitate the subdivision of the site; and, WHEREAS,the Fresno City Planning Commission on April 19,2006, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the April 19,2006 hearing,the Commission received a staff report and related information and environmental documents regarding the requested zoning change; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-06-05 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, prepared for Environmental Assessment No. R-06-05/TPM No. 2006-04. Planning Commission Resolution No. 12462 Rezone Application No. R-06-05 April 19, 2006 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1 (Single Family Residential)zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vang. VOTING: Ayes - Cherry, Vang, DiBuduo, Holt, Torossian, Vasquez Noes - None Not Voting - None Absent - Kissler DATED: April 19, 2006 Nt YOVINO, Secretary Fresno City Planning Commission Resolution No. 12462 Rezone Application No. R-06-05 Filed by Lennar Homes, Inc. Action: Recommend Approval K\M=W Ries-2006\Rezoneaw-08-003&TPM 2006-04—341 s Armstrong Ave—P8\Resow-08-05.doc Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO. WHEREAS, Rezone Application No. R-06-05 has been filed with the City of Fresno by Lennar Homes, Inc. property owner, to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 19`h day of April, 2006,to consider Rezone Application No. R-06-05 and related Environmental Assessment No. R-06-05/TPM No. 2006-04 during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the AE-20 (Exclusive TwentyAcre Agricultural)zone district to the R-1 (Single Family Residential District) zone district; and, WHEREAS, the Council of the City of Fresno, on the 16`h day of May, 2006, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, prepared for Environmental Assessment No. R-06-05/TPM No. 2006-04 is hereby approved. SECTION 2. The Council finds the requested R-1 (Single Family Residential Districo zone district is consistent with the medium-low density residential planned land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan, as specified in Section 12-403.B. of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-20 (Exclusive Twenty Acre Agricultural) zone district to the R-1 (Single Family Residential)zone district: THE SOUTH 164 FEET OF THE WEST 240 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SURVEYS OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on the thirty-first day after its passage. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2006, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: James Sanchez Interim Attorn B Deputy Rezone Application No. R-06-05 Filed by Lennar Homes, Inc. Assessor's Parcel No. 313-635-03 KAMaster Flies-20061RezonestR4)1-008 b TPM 2006-04—341 5 Armstrong Ave—PB10rdlnanca\CC Ordinance MIA= CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING REZONE APPLICATION NO. R-06-05 NOTICE IS HEREBY GIVEN that in accordance with Article 4, Chapter 12 of the Fresno Municipal Code, Procedures Applicable to Zoning, the Fresno City Council will conduct a public hearing to consider Rezone Application No. R-06-05 filed by Lennar Homes, pertaining to approximately 0.90-acre of property located on the east side of South Armstrong Avenue between East Lowe and East Liberty Avenues. At this hearing the City Council will consider the following: 1. REZONE APPLICATION NO. R-06-05: Requests authorization to rezone the above described approximately 0.90-acre of property from the AE-20 (Exclusive Twenty Acre Agricultural)zone district to the R-1 (Single Family Residential District) zone district. 2. ENVIRONMENTAL ASSESSMENT NO. R-06-05: Recommend that a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) be adopted for the rezone application. FRESNO CITY COUNCIL Date: Tuesday, May 16, 2006 Time: 10:20 a.m., or thereafter Place: Fresno City Hall Council Chamber, Second Floor 2600 Fresno Street, Fresno, California 93721 Any interested person may appear at the public hearing and present testimony in regard to this matter. If you challenge the above application in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. The City Council's action pertaining to the rezone application and related environmental assessment is final. NOTE: Government Code Section 65091 (Planning and Zoning Law) requires that this notice be sent to owners of property within 300 feet of the subject property. The City of Fresno Planning and Development Department mails this notice to the property owners within 350 feet. For additional information, contact Meenakshi Singh, Planning and Development Department, Planning Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by telephone at (559) 621-8064, or via e-mail at Meenakshi.Singh@fresno.gov. NICK P. YOVINO, Director REBECCA E. KLISCH Planning and Development Department City Clerk Dated: May 5, 2006 Assessor's Parcel No. 313-635-03