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Home My WebLink AboutT-4544 - Conditions of Approval - 3/10/2005 City of - "'� REPORT TO THE PLANNING COMMISSIONunmWoAGENDA ITEM NO. vin-C _�'� COMMISSION MEETING 1/21/04 January 21, 2004 APPROVEDBY FROM: STAFF, Planning DiA ion DEPARTMENT '494,1-z Planning and Developme Depa _ ent SUBJECT: PART 1 - CONSIDERATION TO GRANT A REHEARING OF REZONE PLICATION NO. R-03-28 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-28/T-4544 PART 2 - RECONSIDERATION OF REZONE APPLICATION NO. R-03-28 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-28/T-4544 EXECUTIVE SUMMARY The applicant (Lennar Homes) has submitted a petition dated November 18, 2003 (attached), requesting that the Planning Commission conduct a rehearing of Rezone Application No. R-03-28 which was previously reviewed and approved by the Planning Commission on August 20,2003. The applicant has requested the rehearing pursuant to Section 12-401-1 of the Fresno Municipal Code. Pursuant to the provisions of this Section of the Code, the Planning Commission must first determine whether or not to conduct the rehearing. If the Planning Commission determines that the applicant's request for a rehearing is appropriate, the rehearing may then immediately take place. Rezone Application No. R-03-28 proposes to rezone 18 acres of property on the east side of North Cornelia Avenue between West Shields and West Clinton Avenues from the R-R (County)to the R-1/UGM (Single- Family Residential District/Urban Growth Management) zone district. This property is designated for medium-density residential land uses on the 2025 Fresno General Plan and West Area Community Plan. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and West Area Community Plan. It is noted that the Planning Commission on August 20, 2003, approved Vesting Tentative Tract No. 4544 on the subject property to allow for the development of an 89-lot single-family residential subdivision. This tract map is approved, however, subject to City Council approval of Rezone Application No. R-03-28. PROJECT INFORMATION PROJECT Rezoning of the 18 acre site from the R-R(county)to the R-1/UGM zone district to allow for the development of an 89-lot single-family residential subdivision on the subject property APPLICANT Lennar Homes, Inc. Applicants' Representative: Yamabe and Horn Engineering LOCATION East side of North Cornelia between West Shields and West Clinton Avenues (Council District 1, Councilmember Boyajian) SITE SIZE 18 acres LAND USE Existing - Vacant Proposed - Single-Family Residential REPORT TO THE PLANNING COMMISSION Rehearing of Rezone Application No. R-03-28 January 21, 2004 Page 4 The applicant also states that at the September 16, 2003, City Council hearing on this matter, that the Council did not give staff or the applicant the opportunity to present relevant information and facts that could have addressed issues that were raised by the Council after the public hearing was closed. In regard to the Planning Commission hearing, the policy that was cited to require the wall along the north property line was West Area Community Plan Policy No. W 6-a which requires a 6-foot high solid wall be constructed where a subdivision abuts rural residential parcels of between one and two acres. For the most part, the parcels to the north of the proposed subdivision are in excess of two acres. Therefore, the applicant's contention that this policy should technically not have applied in this situation is accurate. As the Planning Commission may recall, however,at the August 20,2003, hearing there was a neighboring property owner who had requested the solid wall be placed along the north property line to buffer the proposed subdivision from the agricultural uses on the adjacent properties to the north. As stated above, technically the above noted West Area Plan Policy,which would require a six-foot high solid wall, does not apply to abutting parcels in excess of two acres in area and, therefore, staff had not applied it in this case. However, the parcels to the north are generally only slightly over two acres in size (2.2 to 2.7 acres). As a result, it is staffs position that to require a wall along the north property line would be meeting the intent of the policy which is to provide a buffer between single-family residential and rural residential properties. In regard to the request for a rehearing of the City Council meeting of September 16, 2003, on Rezone Application No. R-03-28, staff concurs with the applicant's contention that there was not adequate opportunity for staff or the applicant to address a number of issues that were raised by the Council which led to denial of the application. If the Planning Commission concurs with the applicant and staff that there is adequate justification presented by the applicant for a rehearing of the requested rezoning by the Planning Commission, the rehearing shall occur immediately. It is noted that the action of the Planning Commission will be forwarded to the Council for final action. If the Planning Commission chooses not to rehear this matter, the Council may only rehear the matter with the affirmative votes of five or more Councilmembers. West Area Citizen Advisory Committee On June 23, 2003, the West Area Citizens Advisory Committee considered the proposed project and recommended approval of the project, subject to conformance to applicable West Area Community Plan policies. rJJ�N J ZC L3: L'099 3 r 00.00N 3 I qEp 16 .09 .09 11^^ g v J I sr N �'• N $ 410 0) N $ N $ N28 a N o I$ t o 'Q I b<�t, •6r� !fir ice——A9 --101 i09— 99ZS n a _ I i'f m O I tb l c� h l►�w4 to ulc R_n -^__.f w a�? I �`� "1 �! N�Mt3AY MYdBVB WagN • ""' hk .r1 � Q I �=\p O cN Irl .n D wo N Fr'. lV z I b W; �+ I OOt AOt 1 grt z 40 4 �o N In n n 40 nSl .99 N tv U yy,,W/V N T O $ AOt t N r rhi tt4D .00t00 Io � I � Au I ►- •v�t1O Sj -^-�xt�v►anaiw►uaoH I" �l � of I arp N I ( .001 A01 �► I I I A t t 101 I . I At .000 II . I S S 40 In n °rb<�` ttI I 1 I b tot r, _ tAOt c =t o o N All n c94 b Im t o l0lI F i n Ao .00t I I 9 IS n e I • IS ',� • L 1„ l tot I40 I ^ 2 S I fo q I 02 $ I b 0 t 2 1 1002 .009 5 I All , ipot Aot im(Ag o �Ct I. .00t AOt � r _ pp op M .o �' � o •r r }, All ,"'Le N'L9 99'L9 .9Z MMA am v ma <D �e --� 3rW3AV HLIIOtI _ — I b o Atl a f$ .�9z1 R .°° 3krt o,•JaLLSF7$°°s I I <` I '` •$ ,p Zt SN3SR1 1gILY'JNMtI iDQNM1 It OOOW ONLLSDC3Su Nil 1 i ro bi I S t SLI I p I I c S ri a�Dfro8 I I b N • AZZI7n ` : g A. N '�I S a 4177 t �y9971.6A LI��f 601 — i anN3AY VP3mm PLANNING COMMISSION AGENDA i MINUTES Page 5 August 20, 2003 VOTING: Ayes- Brand, Harrington, Brown, Kissler, DiBuduo Noes - None Not Voting - None Absent- Vang, White Motion carried 5 yes, 0 no, 2 absent. ITEM VIII-B APPROVED ON CONSENT CALENDAR. The Environmental Assessment and Rezone Application No. R-03-32 were approved per Resolution No. 11896. VIII. NEW MATTERS C. Consideration of Vesting Tentative Tract No. 45441UGM and Rezoning Application No.R-03-28,filed by Lennar Homes,Inc.,forthe development of 18 acres located on the east side of North Cornelia Avenue between West Shields and West Clinton Avenues.. 1. Environmental Assessment No.T-4544,R-03-28,Finding of Conformancewith 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130). 2. Vesting Tentative Tract No. 4544, an 89-lot single family residential subdivision. 3. Rezone Application No. R-03-28, requesting to rezone the subject property from the R-R(County)zone district to the R-11UGM zone district. West Area Community Plan Council District 1 (Councilmember Boyajian) Staff Member: David Braun Staff Recommendation: Approve Will be considered by City Council Presentation by Gil Ha%stated this was subject to the new West Area Plan. The proposed outlot would be landscaped and maintained by the developer or the city. Mr. Haro also stated that there was a rural residential parcel in the tract but that this was going to happen a lot on the west side and the city has to work around if. Applicant Brandon Broussard, Yamabe and Hom, stated that they were in agreement with all conditions. Support None Opposition Sarah Shepard, 4719 West Shields,adjacent property owner to the north, stated that she was not in opposition orin support but backs up to the site and is conoemed about her property. She stated that she would like to see a block wall eight foot high next to her property. She was also concemed about buried irrigation pipes(stand pipes)and would like to know what the developer was going'to have to do with that. She was concemed about her well and property values and what type of homes would be built there. Planning Commission Resolution No. 11899 Rezone Application No. R-03-28 September 16, 2003 Page 2 WHEREAS, the Fresno City Planning Commission on August 20, 2003, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan,and the 2025 Fresno General Plan; and, WHEREAS, during the August 20, 2003 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning changes. 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-03- 28 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(MSIR No. 10130)dated July 29,2003,prepared for Environmental Assessment No. R-03-28/T-4544. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Brand. VOTING: Ayes - lQssler, Brand, Brown, Harrington, DiBuduo Noes - None Not Voting - None . Absent - White, Vang DATED: August 20, 2003 . IC .YOVINO, Secretary. Fres City Planning Commission Resolution No..11899 Rezone Application No. R-03-28 Filed by Lennar Homes, Inc.. Action: Recommend Approval KAPCRPTS\R-03-28-PCRES0.wpd ENVIRe ..MENTAL ASSESSMENT(EA) CHL �KLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-03-28, T-4544 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 QUALITY 1 11.7 Availability of storm water drainage facilities(on or off s 1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas 1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2- Site subject to flooding 3_0 WATER 1 12.3 Adverse change in course of flow of flood waters 1 3.1 Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents use 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of ground water 1 3.3 Wasteful use of ground water 13.0 AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 13.3 Removal of street trees or other valuable vegetation 44^0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique, rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building,disruption of archaeologica 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 142 Construction or activity incompatible with adjacent historic site 5_0 ANIMAL LIFE 1 5.1 Reduction in the numbers of any rare,unique or 15.0 ENERGY endangered species 1 15.1 Use of substantial amounts of energy.or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand.upon existing sources of energy 1 6_0 HUMAN HEALTH 1 15.3 Wasteful use of energy 7.0 NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels "0" Insufficient Information Insufficient information is available to determine the potential 8.0 LIGHT AND GLARE environmental effects which may result from the proposed 1 8.1 Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9.0 LAND USE. effect in this category,or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 . Adverse change in existing or planned area characteristics "2" Moderate Environmental Effect The proposed project will have an adverse environmental 10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be of 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantial deficiencies on existing street system enough in itself to require the preparation of an Environmental 1 10.2 Cumulative increase in traffic on a major street for which Impact Report,and is mitigabie through project changes and capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists,bicyclists,pedestrians - 1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental Effect 1 10.5 Insufficient or poorly located parking The environmental effect identified in this category 1 10.6 Substantial increase in rail and/or air traffic 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. 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COUNCIL MEETING 1�:7/1(p1D3 September 16, 2003 APPROVED BY FROM: NICK P. YOVINO, Director DEPARTMENT DIRECTOR r Planning and Development Department CITY MANAGER BY: GILBERT J. HARD, Planning na Planning Division SUBJECT: CONSIDERATION OF REZO E APP CATION NO. R-03-28 AND ENVIRONMENTAL FINDING FOR E VIRONMENTAL ASSESSMENT NO. R-.0128/T-4544 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding of Environmental Assessment No. R-03-28/T-4544, dated July 29, 2003, 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-03-28 to rezone the subject property from the R-R (County) to the R-1/UGM zone district. EXECUTIVE SUMMARY Rezone Application No. R-03-28 proposes that the subject 18-acre property be rezoned from the R-R (County)to the R-1/UGM(Single-Family Residential District/Urban Growth ManagementArea)zone district. The project is located on the east side of North Cornelia Avenue between West Shields and West Clinton Avenues. This property is designated for medium-density residential land uses on the 2025 Fresno General Plan and West Area Community Plan. The rezone application will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and West Area Community Plan. The applicant, Lennar Homes, Inc.,has also filed Vesting Tentative Tract No.4544/UGM on the subject site proposing to develop the property with an 89-lot single family residential subdivision. The West Area Citizens Advisory Committee recommended approval of the project and on August20,2003, the Fresno City Planning Commission unanimously recommended approval of the project to the City Council. It is noted that Planning Commission action on Vesting Tentative Tract Map No. 4544 is final and, therefore, no action is required by the City Council on the tract map. Staff is also recommending approval of the rezone application. PROJECT INFORMATION PROJECT An 89-lot(plus one outlot) single family residential subdivision on approximately 18t acres to be developed at an overall density of 5 units per acre and rezoning of the 18 acres from the R-R. (County) to the R-1/UGM zone district APPLICANT Lennar Homes, Inc. Applicants' representative: Yamabe and Horn Engineering LOCATION East side of North Cornelia between West Shields and West Clinton Avenues(Council District 1,Councilmember Boyajian) REPORT TO THE CITY COUNCIL Rezone Application No. R-03-28 September 16, 2003 Page 3 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(MSIR No. 10130)dated July 29,2003,which incorporates a MEI R Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. West Area Citizen Advisory Committee On June 23, 2003, the West Area Citizens Advisory Committee considered the proposed project and recommended approval of the project, subject to conformance to applicable West Area plan policies. Fresno City Planning Commissidfi Review On August20,2003,the Fresno City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of the rezoning application. The Planning Commission also took action to approve related Vesting Tentative Tract Map No. 4544. It is noted that two of the surrounding property owners spoke at the Planning Commission hearing. These neighbors,who live to the north of the subject property, requested that the developer install a solid wall along the north property line in lieu of the proposed 6-foot high wood fence. The neighbors' reason for this request was that they had livestock on their properties and that the solid wall would provide a more secure barrier between their property and the proposed single-family residential subdivision. Based on this testimony, the Planning Commission took action to require the applicant to construct a 6-foot high solid wall or approved alternative along the entire north property line in accordance with West Area Community Plan Policy No. W-6-a. Land Use Plans and Policies Rezone Application No. R-03-28 proposes to rezone the 18-acre subject property from the R-R(County) to the R-1/UGM zone district to allow for the development of an 89-lot single family residential subdivision to be developed at a density of 5 units per acre. The project is located within the West Area Community Plan. The West Area Community Plan and the 2025 Fresno General Plan designate this property for medium-density residential land uses and the proposed R-1 zone district is consistent with this plan designation. Therefore, the proposed rezoning is consistent with the General and Community Plans. This subdivision is proposed to have one access point to Cornelia Avenue and one access point to the existing subdivision to the east. The subdivision also proposes two connections for future development to the south of the subject property. DEB11KNCommonWaster Fks 20031R-03-028111-03-28 RCC.wpd 09-04-03 Attachments: Vicinity Map Vesting Tentative Tract Map No. 4544 Environmental Assessment No. R-03-28/T-4544 Finding of Conformity to 2025 Fresno General Plan Master El No. 10130 dated July 29, 2003 Planning Commission Resolution Nos. 11899 and 11900 Ordinance Bill j I YdY 1Y� — rc` "OJvkHA M fl�/6lr$� SlY t N ON 1 U Lf'099 3 100•DON 3Nmw 190 t l 0" .9,09 .09 A 9 o o c w • I it N i N g N S N 8 cnt bS N N .slat ,YOI _ CS _I t!f sr� /i i0� .09 — -.,01 i9� V' O txawo ware it aro � I � `; �! 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N Jim In1f �°I I --- n +►69'S9L 360 ,t0.00 • — I N 3fk13AY YI L3lRl00 Planning Commission Resolution No. 11899 Rezone Application No. R-03-28 September 16, 2003 Page 2 WHEREAS, the Fresno City Planning Commission on August 20, 2003, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan, and the 2025 Fresno General Plan; and, WHEREAS, during the August 20, 2003 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning changes. 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-03- 28 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(ME1R No. 10130)dated July29,2003,prepared for Environmental Assessment No. R-03-28/T-4544. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissier, seconded by Commissioner Brand. VOTING: Ayes - Kissler, Brand, Brown, Harrington, DiBuduo Noes - None Not Voting - None . Absent - White, Vang DATED: August 20, 2003 IC . YOVINO, Secretary. Fres City Planning:Commission Resolution No.11899 Rezone Application No. R-03-28 Filed by Lennar Homes, Inc.. Action: Recommend Approval K:\PCRPTSIR-03-28-PCRESO.wpd Recording Requested by: City Clerk, Fresno, Callfomia No Fee-Govt. Code 6103 Retum 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-03-28 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, the West Area Citizens Advisory Committee considered this application at its meeting of June 23, 2003, and recommended approval; 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 20th day of August, 2003, to consider Rezone Application No. R-03-28 and related Environmental Assessment No. R-03-28/T-4544, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM to the R-1/UGM (Single-Family Residential/Urban Growth Management) zone district; and, Ordinance Amending Official Zone Map Rezone Application No. R-03-28 Page 3 EXCEPTING THEREFROM the North 170.00 feet of the South 375.00 feet of the West 531.30 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM the South 205.00 feet of the West 455.00 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. 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. 1/1 Ill city of i>ciie►��.�� i1—�1C�G:h Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 February 11, 2004 Please reply to: David Braun Steve Lutton (559) 621-8038 Lennar Homes Inc. 7485 North Palm Avenue Suite 101 Fresno, California 93711 Dear Mr. Lutton: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING REZONE APPLICATION NO. R-03-28 AND VESTING TENTATIVE TRACT MAP NO. 4544/UGM FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH CORNELIA AVENUE BETWEEN WEST CLINTON AND WEST SHIELDS AVENUES The Fresno City Council conducted a duly noticed public hearing on February 10, 2004, to reconsider the previous Council action of September 16, 2003 regarding Rezone Application No. R-03-28. This application relates to the proposed development of an approximately 18-acre single family residential subdivision on a site located on the west side of North Cornelia Avenue between West Shields and West Clinton Avenues. Following a full and complete hearing, the Council adopted Ordinance No. 2004-13, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2004-13 (enclosed) that rezones the 18 acre subject site from the R-R (county) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on August 20, 2003 to consider Rezone Application No. R-03-28 and Vesting Tentative Tract Map No. 4544/UGM. The Commission approved the tentative tract map application and recommended that the Council approve the rezone application. The tentative tract map application was final at the Planning Commission and, therefore, no Council review was necessary. The Planning Commission also conducted a duly noticed public hearing on January 21, 2004 to reconsider Rezoning Application.No. R-03-28 and again took action to recommend approval of the rezone application to the City Council. Copies of the Planning Commission Resolutions (Nos. 11899, 11900, 11945 and 11946) are enclosed. Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill,the rezoning ordinance shall become effective and in full force at 12:01 a.m., thirty-one days after its passage, and upon annexation to the City of Fresno. The Planning Commission also approved Vesting Tentative Tract Map No. 4544/UGM subject to the enclosed Conditions of Approval for Vesting Tentative Tract No. 4544/UGM dated August 20, 2003 (as modified by Planning Commission Resolution No. 11900). Recording Requested by. City Clerk, Fresno, Califomia No Fee-Govt. Code 6103 Retum 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 Duncan SECONDED BY Calhoun BILL NO. B-12 ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIALZONE MAP OFTHE 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-03-28 has been filed by Lennar Homes with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, on August 20, 2003, the Planning Commission considered the proposed rezone application and after a full hearing unanimously recommended approval of the rezoning to the City Council; and, WHEREAS, on September 16, 2003, the City Council considered the proposed rezone application and after a full hearing the City Council took action to deny the above-noted rezone application by a 4-3 vote; and, WHEREAS, on November 18, 2003, the project applicant filed a request for a rehearing of the above-noted Planning Commission and City Council action on this matter, pursuant to Section 12-401-1 of the Fresno Municipal Code (FMC); and ,4doftedc2 11004 Ordinance Amending Official Zone Map Rezone Application No. R-03-28 Page 3 February 10, 2004 2003, prepared for Environmental Assessment No. R-03-28fT-4544. Accordingly, Environmental Assessment No. R-03-28(T-4544 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing medium density residential land use designation of the 2025 Fresno General Plan and West Area Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. 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 R-R (County) to the R-1/UGM (Single-Family Residential/Urban Growth Management) zone district: EXCEPTING THEREFROM the No Parcel 1: The North 170.00 feet of the South 375.00 feet of the West 531.30 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. Parcel 2: The South Half of the Northwest Quarter of the Northwest Quarter and the West Half of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the North 170.00 feet of the South 375.00 feet of the West 531.30 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM the South 205.00 feet of the West 455.00 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. 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. lII FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11899 The Fresno City Planning Commission, at its regular meeting on August 20, 2003, adopted the following resolution relating to Rezone Application No. R-03-28. WHEREAS, Rezone Application No. R-03-28 has been filed with the City of Fresno to rezone the property as described below: Requested Zoning: R-1/UGM(Single Family Residential/Urban Growth Management)zone district Existing Zoning: R-R/County(Rural Residential/Fresno County) zone district Applicant: Lennar Homes, Inc. Location: East side of North Comelia Avenue between West Shields and West Clinton Avenues APN: 312-170-65 (18 acres) Legal Description: From R-R (county) to R-1/UGM: Parcel 1: The North 170.00 feet of the South 375.00 feet of the West 531.30 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East,.Mount Diablo Base and Meridian. Parcel 2: The South Half of the Northwest Quarter of the Northwest Quarter and the West Half of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 26,Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the North 170.00 feet of the South 375.00 feet of the West 531.30 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM the South 205.00 feet of the West 455.00 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single-family residential subdivision; and, WHEREAS, the West Area Citizens Advisory Committee, on June 23, 2003, reviewed and unanimously approved the rezone application; and, FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11900 The Fresno City Planning Commission at its regular meeting on August 20,2003,adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 4544/UGM was filed with the City of Fresno and proposes an 89-lot single-family residential subdivision on appro)dmately 18 acres of land located on the east side of North Cornelia Avenue between West Shields and West Clinton Avenues; and, WHEREAS, the West Area Citizens Advisory Committee considered this application at its meeting of June 23, 2003, and recommended approval of the project; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on August 20, 2003,to review the proposed subdivision and considered the staff reportand invited testimony with respect to the proposed subdivision; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated August 20,2003; and, WHEREAS,the Commission considered public testimony regarding the proposed project; and, WHEREAS, the Fresno City Planning Commission hereby finds and .determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No.45441UGM 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 July 29, 2003, prepared for Environmental Assessment No. R-03-28/T-4544. NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No.45441UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and West Area Community Plan and the findings required pursuant to Section 66410 et.seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No.4544/UGM subject to the Planning and Development Department Conditions ofApproval dated August 20, 2003 and the following additional condition: 1. The developer shall construct a 6-foot high solid wall or approved architecturally designed solid fence (Per Fresno Municipal Code)along the entire north property line of the subdivision per West Area Community Plan Policy No. W-6-a. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Brand. VOTING: Ayes - Kissler, Brand, Brown, Harrington, DiBuduo Noes - None Not Voting - None Absent - White, Vang DATED:August 20,2003 NIC YOVINO, Secretary Fresn City Planning Commission Resolution No. 11900 Vesting Tentative Tract Map No. 4544/UGM Filed by Lennar Homes, Inc. Action:Approve R:1Common%PCRPTS1PC%T4544-PCRESO.wpd Planning Commission Resolution No. 11945 Request to Grant Rehearing of Rezone Application No. R-03-28 January 21, 2004 Page 2 WHEREAS, on November 18,2003,the project applicant filed a request for a rehearing of the above-noted Planning Commission and City Council action on this matter, pursuant to Section 12-401-1 of the Fresno Municipal Code (FMC); and, WHEREAS, on January 21, 2004, the Planning Commission in accordance with Section 12-401-1-2 of the FMC considered whether or not to grant a rehearing of its August 20, 2003, hearing regarding the rezone application; and, WHEREAS, during the January 21, 2004, hearing, the Commission received a staff report and related information and considered testimony regarding the requested rehearing. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby grants the request for a rehearing of the August 20,2003, Planning Commission hearing regarding Rezone Application No. R-03-28. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Harrington, seconded by Commissioner Kissler. VOTING: Ayes - Harrington, Kissler, Brown, Vang, White, Brand (Acting Chair) Noes - None Not Voting - None Absent - DiBuduo DATED: January 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11945 Rezone Application No. R-03-28 Filed by Lennar Homes, Inc. Action: Grant Rehearing R:\Common\Master Files-2003VREZONE\R-03-028—Braun\R-03-28-PC Consider Rehearing Reso 11945.wpd Planning Commission Resolution No. 11946 Reconsideration of Rezone Application No. R-03-28 January 21, 2004 Page 2 WHEREAS, on November 18, 2003,the project applicant filed a request for a rehearing of the above noted Planning Commission and City Council action on this matter, pursuant to Section 12-401-1 of the Fresno Municipal Code (FMC); and, WHEREAS, on January 21, 2004, the Planning Commission in accordance with Section 12-401-1-2 of the FMC took action to grant a rehearing of its August 20, 2003, hearing regarding the rezone application; and, WHEREAS, the above-named applicant is requesting a zoning change on the subject property in order to allow for a proposed single-family residential subdivision; and, WHEREAS, the West Area Citizens Advisory Committee, on June 23, 2003, reviewed and unanimously approved the rezone application; and, WHEREAS, the Fresno City Planning Commission on January 21, 2004, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan,and the 2025 Fresno General Plan; and, WHEREAS, during the January 21, 2004, hearing the Commission received a staff report and related information,environmental documents, and considered testimony regarding the requested zoning change. 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-03-28 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 July 29,2003, prepared for Environmental Assessment No. R-03-28fT-4544. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Harrington. VOTING: Ayes - Kissler, Harrington, Brown, Vang, White, Brand (Acting Chair) Noes - None Not Voting - None Absent - DiBuduo DATED: January 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11946 Rezone Application No. R-03-28 Filed by Lennar Homes, Inc. Action: Recommend Approval RACommonWlaster Files-20031'REZONEIR-03-028—Braun\R-03-28-PC Consider Rehearing Reso I IW.wpd Conditions of Approval Vesting Tentative Tract Map No. 4544/UGM Page 2 August 20, 2003 8. Comply with correspondence from the County of Fresno, Department of Public Works and Planning dated June 30, 2003. Landscaoing and Walls 9. Outlot "A" shall'be for future residential use. The owner/developer shall attempt to obtain fee title to additional property to the west of Outlot "A". This area shall be combined with Outlot "A" to create single family residential lots which conform to the R-1 zone district standards. Once said parcels are created,they may be developed with single family residences. Alternatively,the developer/owner may sell Outlot "A" to the adjacent property owner to the west such that this outlot would not be included in any final map. Until such time as Outlot "A" is made suitable for development or eliminated as described above, the owner/developer shall landscape and maintain Outlot "A". 10. Provide a 15-foot landscaped easement(and irrigation system) along the side property lines of all lots which side onto North Cornelia Avenue. Reference Policy No. W-3-c of the 2025 Fresno General Plan and Section 12-1011-f-3 of the Fresno Municipal Code. 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. 11. Maintenance of the required 15-foot landscaped easement located along North Cornelia Avenue may be the responsibility of the City Landscaping and Lighting Maintenance District. Contact Public Works Department, Engineering Services Division staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's district prior to final map approval. 12. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he 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 landscaping maintenance assessment and that he is aware of the estimated amount of the assessment. 13. Should the City Council not approve the annexation of such landscape areas then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review two (2) 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 owner's association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&R's dated January 11, 1985. Conditions of Approval Vesting Tentative Tract Map No.4544/UGM Page 4 August 20, 2003 24. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank, cesspool or water well. All permits shall be obtained prior to commencement of such work, in accordance with Chapter 13 of the Fresno Municipal Code. 25. Apportionment of Special Assessment- If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the subdivider shall file a written application with the City's Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the final map by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. PARK SERVICE 26. The applicant shall install landscaping, required trees, etcetera, in compliance with the Parks Division memorandum dated July 23, 2003. Urban Growth Management Requirements 27. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3, Fresno Municipal Code. FIRE SERVICE 28. Fire service will be provided by Fire Station No. 16. Provide residential hydrants and fire flows per Public Works Standards. 29. There shall be two points of access to the subdivision, including during construction. Urban Growth Management Requirements 30. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of final map approval. If appropriate,fee payment may be deferred until the time of building permit issuance in accordance with the requirements of Section 12-4.508-D-3, Fresno Municipal Code Conditions of Approval Vesting Tentative Tract Map No.4544/UGM Page 6 August 20, 2003 Interior Streets 45. Construct curb, gutter, sidewalk (both sides), permanent paving and underground street lighting systems on all interior local streets. The sidewalk patterns shall comply with Public Works API Standards for 50 and 54 foot streets. Urban Growth Management Requirements In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and service vehicle access, the following improvements are required. 46. This project falls within the UGM Major Street Zone E-4; therefore pay UGM Major Street fees. 47. The City of Fresno is proposing a restructure of the Urban Growth Management process for all UGM areas in the city with the update of the 2025 Fresno General Plan. This process may entail a new fee structure to build-out all components of major streets in UGM areas. Should this process be approved with the new general plan or any other process, this development shall be entitled to reimbursement for any costs of construction above the designated fee that may be established with.this new process. North Cornelia Avenue 48. Construct the two 17-foot center section travel lanes from the northerly limits of this tract to the intersection with West Clinton Avenue. West Clinton Avenue 49. Construct the two center section travel lanes from North Cornelia Avenue easterly to North Milburn Avenue. 50. Install a 150-watt safety light at its ultimate location on the northeast corner of Clinton and Cornelia Avenues. SEWER SERVICE The nearest existing sewer main is a 45-inch sewer main in North Cornelia Avenue, adjacent to the subject property. The following conditions are required to provide sanitary sewer service to the tract. 51. Provide a separate house branch to each lot created. 52. All public sanitary sewer facilities shall be constructed in accordance with Public Works standards, specifications, and policies. 53. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. Conditions of Approval Vesting Tentative Tract Map No. 4544/UGM Page 8 August 20, 2003 In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to final map approval. The developer should contact the Real Estate Section of the .Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished prior to final map approval, the developer must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The developer shall furnish to the City Public Works Department, Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the Real Estate Section) prior to preparation of a Subdivision Agreement. The developer/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition,including staff time,attorney's fees,appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL 64. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 65. 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 District's letter to the Planning and Development Department which is attached dated July 21, 2003. 66. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7) days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. PRIVATE DITCHES/CANALS 67. Existing private ditches and canals shall be piped underground. The developer may also fill in the ditch or canal if they provide proof that the canal does not serve anyone else downstream. DEVELOPMENT FEES AND CHARGES 68. This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) 2. Oversize Charge $0.05/sq. ft. (to 100' depth) Conditions of Approval Vesting Tentative Tract Map No. 4544/UGM Page 10 August 20, 2003 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 17. UGM Fire Station Capital Fee $1242/gross acre Service Area: 16 18. UGM Park Fee $1230/gross acre Service Area: 4 19. Major Street Charge $2435/adj. acre Service Area: E-4 20. Major Street Bridge Charge $135/adj. acre Service Area: E-4 21. Traffic Signal Charge $860/adj. acre 22. UGM Grade Separation Fee n/a 23. Trunk Sewer Charge n/a Service Area: 24. *Street Acquisition/Construction Charge n/a KAPCR PTS\TTM-4544-00A.wpd Minor streets(Interior): 1. Design and construct all curb,gutter,sidewalk(both sides),permanent paving,and underground street lighting systems on all interior local streets. Sidewalk patterns to comply with Public Works API Standards for 50ft and 54ft streets for all interior streets. 2. Install a temporary barricade per Public Works Standard P-44 at all created dead-end streets. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay UGM Major Street fees. North Cornelia Avenue: • Construct the two 17-foot center section travel lanes from the northerly limits of this tract to the intersection with West Clinton Avenue. • Install a 150-watt safety light at its ultimate location on the northeast corner of Clinton and Cornelia Avenues. C:Reading File J:\Tracts\T4544 Comelia nearShields-REV.doc Water service A 14-inch water main is existing in North Cornelia Avenue at West Clinton Avenue. A 8-inch water main is existing in West Michigan Avenue. The following conditions are required to provide water service to the subdivision. 1. A 14-inch water main shall be extended northerly within North Cornelia Avenue along the tract frontage. 2. Separate water services shall be provided to each lot created. 3. At least two separate points of connection to the public water system is required for the tract and each phase thereof. 4. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. TT4544 June 30, 2003 Page Two Thank you for the opportunity to review this project. You can reach me at 262-4106 if you have any questions regarding these comments. Sincerely, Frank Fowler, Division Engineer Maintenance & Operations Division 41A Casey Cgng Developt Engineering CC:Isk G:W360Dev_Engr\Responses\TT4544.doc Mr. Dave Braun • July 1, 2003 Page 2 Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-7375 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincerely, W,OeNick Minas Land Technician NJM:dkj Parks Department comments T-4544 Tentative Map July 23,2003 page 2 4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the city-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. OUTLOT A 1. Outlot A is not to be maintained by the ParksDivision. 3. UGM A. The proposed project will be built in UGM Park Zone 4, and should be subject to all UGM Park fees allowed by FMC. The nearest park to the site is Victoria West located at Clinton and Brawley Avenues. The closest regional park is The Regional Sports Complex. • FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 4-2 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 X Final Map X Street Plan X Water & Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary serviee is avaiiabie through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 4544.xi6 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. g. 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. , - 6 — I 04�' gxvL- Gerald E. Lake an, District Engineer Proj ct Engineer: Jamie Miller C: YAMABE & HORN ENGINEERING, INC. 1300 E. SHAW, STE. 176 FRESNO, CA 93710 45"As 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document 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 obligation for that portion of the development within 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 obligation of said area. Should the facilities cost for such individual area total less than the fee obligation of said area, the difference shall be paid upon demand to the City or District. Drainage from the site shall be directed as shown on Exhibit No. 1. Permanent drainage service will be available from the Master Plan facilities required of Tract 4544. The District currently has approximately$40,000 on deposit in the Drainage Area"AN"Drainage Fee Trust Account that is available to assist in the funding of the Master Plan facilities provided the developer constructs the Master Plan facilities and provides the required submittals prior to any other development perfecting a demand for these funds. Assuming this project is first to complete Master Plan facilities and the required submittals, these funds would be available for immediate reimbursement to the developer. The funds will be dispersed pursuant to the provisions of the Ordinance Code governing reimbursement in cases where more than one reimbursement contract is in existence. There are no reimbursement contracts currently in existence in this drainage area, however, the District can't guarantee that another one may arise and be completed prior to Tract 4544 completing their required facilities. Development No. Tract 4544 engr\permits\exhibits2\01-02-03\tract\4544(]m) f � 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 obligation for that portion of the development within 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 obligation of said area. Should the facilities cost for such individual area total less than the fee obligation of said area,the difference shall be paid upon demand to the City or District. Drainage from the site shall be directed as shown on Exhibit No. 1. Permanent drainage service will be available from the Master Plan facilities required of Tract 4544. The District currently has approximately$40,000 on deposit in the Drainage Area"AN"Drainage Fee Trust Account that is available to assist in the funding of the Master Plan facilities provided the developer constructs the Master Plan facilities and provides the required submittals prior to any other development perfecting a demand for these funds. Assuming this project is first to complete Master Plan facilities and the required submittals, these funds would be available for immediate reimbursement to the developer. The funds will be dispersed pursuant to the provisions of the Ordinance Code governing reimbursement in cases where more than one reimbursement contract is in existence. There are no reimbursement contracts currently in existence in this drainage area, however, the District can't guarantee that another one may arise and be completed prior to Tract 4544 completing their required facilities. Development No. Tract 4544 engr\permits\exhibits2\01-02-03\tract\45440m) MOM Op aM A181N8; L ,Iaep,lal 9lq.1'I(Npp'01'177 ��—„�,.,�„fir I I r ar I exp , Z. stow I I la I ffi I I � f,nav I ;- I i I I I L I MOag7•Y „oA0 p I • � I IGMLWBaas raas I iI9 8aa81 Am fw • "eI S • —tr � 1 rl �� til I n�li I � � I � I tl• I , , Mm ARBWI A i _—,aaT—_ a y a I I I sso I I 1RD°' amoder• omA a 1 m y faaaani,. un ar I ! mat,Man.wr) } s b —�I 04. ts log V Its v 2j� 67 , t ] I s I s e 7 e G ro �fd �I 1 1 7078 31 P” ,=1 . 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