HomeMy WebLinkAboutT-4852 - Conditions of Approval - 2/11/2010 City of
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rns�= AGENDA ITEM NO. v-B-1
COMMISSION MEETING 3/20/02
REPORT TO THE PLANNING COMMISSION
APPROVED BY
DEPARTMENT DIRECTO
March 20, 2002
FROM: STAFWlanning Division
Development Department
SUBJECT: PLANNING COMMISSION NOTIFICATION OF STAFF APPROVAL OF REVISIONS
TO VESTING TENTATIVE MAP OF TRACT NO. 4852, APPROVED BY THE FRESNO
CITY PLANNING COMMISSION ON AUGUST 19, 1998, BY RESOLUTION
NO. 11158.
In compliance with the Fresno Municipal Code, Staff is required to notify the Commission of any revision to
Tentative Tract No. 4852. This report represents that notification. The Revised Vesting Tentative Map for
Tract No. 4852 was submitted by Harbor and Associates, Inc., in accordance with the provisions of
Section 12-1005.2 (Revisions) of the Fresno Municipal Code. The tentative map, originally considered and
approved by the Fresno City Planning Commission on August 19, 1998, provided for a 95-lot single-family
residential planned development subdivision.
Staff has received a request for minor revisions to Vesting Tentative Tract No. 4852 submitted on
January 31, 2002. The revisions propose to reduce the number of residential lots from 95 to 52 and
includes a 7.96 acre remainder parcel. The revision also proposes to locate the West Fremont Avenue
connection to North Milburn Avenue to a point approximately 350 feet north of West Palo Alto Avenue.
The revision does not propose changes to the street pattern except as noted from that as shown on the
previously amended approved revised tentative map. The project would remain consistent with the
density plan designation shown for the site on the Bullard Community Plan.
Staff has determined that the proposed revision meets the provisions of the Fresno Municipal Code for
minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the
Municipal Code, the Revised Map of Vesting Tentative Map of Tract No. 4852 dated January 31, 2002,
has beeen approved by the Development Department Director and shall replace the previously approved
map. Be advised that the anniversary date of the Planning Commission approval of the original tentative
map (August 19, 1998) is not affected by this approval of the revised map.
rcNC:lconunon\perpt\RTT3T4852-RPC
Attachments: Vicinity Map/Revised Subdivision Map dated
January 31, 2002
City of
Lr5Cd L%I L IWi
DEVELOPMENT DEPARTMENT
DATE: February 1, 2002
TO: NICK P. YOVINO, Director
Development Depart nt
THROUGH RAYBURN BEAC 1 ping Manger
Current Planning Section
FROM: ROBERT LEWIS, Supervising Planner %
Current Planning Section G
SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO. 4852 APPROVED BY
THE PLANNING COMMISSION ON AUGUST 19, 1998
Project
Description: 52-lot single-family residential planned development subdivision.
Applicant: Patriot Homes, Inc.
Zoning: R-2/EA/BA-15/UGM/cz
Site Location: Southeast corner of West Herndon and North Milburn Avenues
Parcel Size: 17.6 acres/9.62 acres net
Environmental
Assessment: Negative Declaration issued on July 30, 1998
STAFF ANALYSIS
The tentative map, originally considered and approved by the Fresno City Planning Commission on
August 19, 1998, provided for a 95-lot single-family residential planned development subdivision.
Staff has received a request for minor revisions to Vesting Tentative Tract No. 4852 submitted on
January 31, 2002. The revisions propose to reduce the number of residential lots from 95 to 52
and includes a 7.96 acre remainder parcel. The revision also proposes to locate the West Fremont
Avenue connection to North Milburn Avenue to a point approximately 350 feet north of West Palo
Alto Avenue. The revision does not propose changes to the street pattern except as noted from that
as shown on the previously amended approved revised tentative map. The project would remain
consistent with the density plan designation shown for the site on the Bullard Community Plan.
Staff has determined that the proposed revision meets the provisions of the Fresno Municipal Code
for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the
NICK P. YOVINO
Revised Vesting Tentative Map of Tract No. 4852
Page 2
February 1, 2002
Municipal Code, staff recommends that the Revised Map of Vesting Tentative Map of Tract
No. 4852 dated January 31, 2002, be approved by the Development Department Director and shall
replace the previously approved map. Be advised that the anniversary date of the Planning
Commission approval of the original tentative map (August 19, 1998) is not affected by this
approval of the revised map.
CONDITIONS OF APPROVAL
1. Revised Vesting Tentative Map of Tract No. 4852, dated January 31, 2002, is approved to
compliance with the Revised Development Department Conditions of Approval dated
January 31, 2002.
STAFF RECOMMENDATION
Based upon the staff analysis of this application, staff recommends the Director grant approval of
the Revised Vesting Tentative Map of Tract No. 4852, dated January 31, 2002, subject to the
above conditions of approval.
DIRECTOR APPROVAL
The Director hereby approves the Revised Map of Vesting Tentative Tract No. 4852, dated
January 31, 2002, subject to the above conditions of approval.
Yovino, Director
Devel ' ment Department
rcl\J:\rclfiles\documents\RTM 3 M4852
City o1
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MLL�FRESAGENDA ITEM NO. V-C-1
COMMISSION MEETING 6/06/01
REPORT TO THE PLANNING COMMISSION
APPROVED BY
DEPARTMENTDIRECTO
June 6, 2001
FROM: STAFF, nning Division
Develop ent Department
SUBJECT: PLANNING COMMISSION NOTIFICATION OF STAFF APPROVAL OF REVISIONS
TO VESTING TENTATIVE MAP OF TRACT NO. 4852, APPROVED BY THE FRESNO
CITY PLANNING COMMISSION ON AUGUST 19, 1998, BY RESOLUTION
NO. 11158.
In compliance with the Fresno Municipal Code, Staff is required to notify the Commission of any revision to
Tentative Tract No. 4852. This report represents that notification. The Revised Vesting Tentative Map for
Tract No. 4852 was submitted by Harbor and Associates, Inc., in accordance with the provisions of
Section 12-1005.2 (Revisions) of the Fresno Municipal Code. The tentative map, originally considered and
approved by the Fresno City Planning Commission on August 19, 1998, provided for a 95-lot single-family
residential planned development subdivision.
The revisions propose to reduce the street right-of-way width for all east/west streets, except the West
Magill Avenue connection to North Milburn Avenue from 56 feet to 50 feet and increase the lot depth of
each lot north of West Warner Avenue from 104 feet to 110 feet. The revisions also propose to increase
the lot depth of each lot between West Warner Avenue and West Magill Avenue from 99 feet to 105
feet. The revision does not propose changes to the street pattern except as noted from that as shown on
the originally approved tentative map. The project would remain consistent with the density plan
designation shown for the site on the Bullard Community Plan.
Staff has determined that the revised tentative map meets the provisions of the Fresno Municipal Code for
minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the Municipal
Code, the attached Revised Vesting Tentative Map of Tract No. 4852 dated May 1, 2001, is approved by
the Development Department Director and shall replace the previously approved Exhibit "A" tentative map
dated October 11, 2000. Be advised that the anniversary date of the Planning Commission approval of the
original tentative map (August 19, 1998) is not affected by this approval of the revised map.
rcl\K:\common\perpt\RMT4 8 52-RPC
Attachments: Vicinity Map/Revised Subdivision Map dated
May 1, 2001
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DEVELOPMENT DEPARTMENT
DATE: May 18, 2001
TO: NICK P. YOVINO, Director
Development Depart ent
THROUGH RAYBURN BEA lanning Manger
Current Planning fection
FROM: ROBERT LEWIS, Planner III
Current Planning Section
SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO. 4852 APPROVED BY
THE PLANNING COMMISSION ON August 19, 1998
Project
Description: 95-lot single-family residential planned development subdivision.
Applicant: Patriot Homes, Inc.
Zoning: R-2/EA/BA-15/UGM/cz
Site Location: Southeast corner of West Herndon and North Milburn Avenues
Parcel Size: 17.6 acres
Environmental
Assessment: Negative Declaration issued on July 30, 1998
STAFF ANALYSIS
The tentative map, originally considered and approved by the Fresno City Planning Commission
on August 19, 1998, provided for a 95-lot single-family residential planned development
subdivision.
Staff has received a request for minor revisions to Vesting Tentative Tract No. 4852 submitted on
May 1, 2001. The revisions propose to reduce the street right-of-way width for all east/west
streets, except the West Magill Avenue connection to North Milburn Avenue from 56 feet to 50
feet and increase the lot depth of each lot north of West Warner Avenue from 104 feet to 110 feet.
The revisions also propose to increase the lot depth of each lot between West Warner Avenue and
West Magill Avenue from 99 feet to 105 feet. The revision does not propose changes to the street
pattern except as noted from that as shown on the originally approved tentative map. The project
would remain consistent with the density plan designation shown for the site on the Bullard
Community Plan.
NICK P. YOVINO
Revised Vesting Tentative Map of Tract No. 4852
Page 2
May 18, 2001
Staff has determined that the proposed revision meets the provisions of the Fresno Municipal Code
for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the
Municipal Code, staff recommends that the Revised Map of Vesting Tentative Map of Tract
No. 4852 dated May 1, 2001, be approved by the Development Department Director and shall
replace the previously approved map. Be advised that the anniversary date of the Planning
Commission approval of the original tentative map (August 19, 1998) is not affected by this
approval of the revised map.
CONDITIONS OF APPROVAL
1. Revised Vesting Tentative Map of Tract No. 4852, dated May 1, 2001, is approved to
compliance with the Development Department Conditions of Approval dated August 19,
1998.
STAFF RECOMMENDATION
Based upon the staff analysis of this application, staff recommends the Director grant approval of
the Revised Vesting Tentative Map of Tract No. 4852, datAMay 1, 2001, subject to the above
conditions of approval.
DIRECTOR APPROVAL
The Director hereby approves the Revised Map of Vesting Tentative Tract No. 4852, dated
May 1, 2001, subject to the above conditions of approval.
1 Yovino, Director
Dev opment Department
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rn � AGENDA ITEM NO. V-B-1
REPORT TO THE PLANNING COMMISSION CONIlvIISSION MEETING 12/06/00
APPROVED BY
DEPARTMENT DIRECTOR
December 6, 2000
FROM: STAN',Manning Division
Development Department
SUBJECT: PLANNING COMMISSION NOTIFICATION OF STAFF APPROVAL OF REVISIONS
TO VESTING TENTATIVE MAP OF TRACT NO. 4852, APPROVED BY THE FRESNO
CITY PLANNING COMMISSION ON AUGUST 19, 1998, BY RESOLUTION
NO. 11158.
In compliance with the Fresno Municipal Code, Staff is required to notify the Commission of any revision to
Tentative Tract No. 4852. This report represents that notification. The Revised Vesting Tentative Map for
Tract No. 4852 was submitted by Patriot Homes, Inc., in accordance with the provisions of
Section 12-1005.2 (Revisions) of the Fresno Municipal Code. The tentative map, originally considered and
approved by the Fresno City Planning Commission on August 19, 1998, provided for a 95-lot single-family
residential planned development subdivision.
The submitted revised tentative map proposes to reduce the street right-of-way width for West Warner
Avenue from 56 feet to 50 feet and increase the lot depth of each row of the lots north of West Warner
Avenue from 101 feet to 104 feet. The revision does not propose changes to the street pattern except as
noted from that as shown on the originally approved tentative map. The project would remain consistent
with the medium-high density residential plan designation shown for the site on the Bullard Community
Plan.
Staff has determined that the proposed revised tentative map meets the provisions of the Fresno Municipal
Code for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the
Municipal Code, the attached Revised Vesting Tentative Map of Tract No. 4852, dated October 11, 2000, is
approved by the Development Department Director and shall replace the previously approved Exhibit "A"
tentative map dated July 20, 1998. Be advised that the anniversary date of the Planning Commission
approval of the original tentative map (August 19, 1998) is not affected by this approval of the revised map.
rcl\J:\rclfiles\documents\PCRPRTM4852
Attachments: Vicinity Map/Revised Subdivision Map dated
October 11, 2000
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VICINITY MAP DEVELOPMENT DEPARTMENT
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CONDITIONAL USE PERMIT NO. C-98-79 s ZONE MAP: 1745
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City of
DEVELOPMENT DEPARTMENT
DATE: October 24, 2000
TO: NICK P. YOVINO, Director
Development Dep ent
THROUGH RAYBURN BEAC anning Manger
Current Planning Section
FROM: ROBERT LEWIS, Planner III
Current Planning Section
SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO. 4852 APPROVED BY
THE PLANNING COMMISSION ON August 19, 1998
Project
Description: 95-lot single-family residential planned development subdivision.
Applicant: Patriot Homes, Inc.
Zoning: R-2/EA/BA-15/UGM/cz
Site Location: Southeast corner of West Herndon and North Milburn Avenues
Parcel Size: 17.6 acres
Environmental
Assessment: Negative Declaration issued on July 30, 1998
STAFF ANALYSIS
The tentative map, originally considered and approved by the Fresno City Planning Commission on
August 19, 1998, provided for a 95-lot single-family residential planned development subdivision.
Staff has received a request for minor revisions to Vesting Tentative Tract No. 4852 submitted on
October 11, 2000. The revisions propose to reduce the street right-of-way width for West Warner
Avenue from 56 feet to 50 feet and increase the lot depth of each lot north of West Warner Avenue
from 101 feet to 104 feet. The revision does not propose changes to the street pattern except as
noted from that as shown on the originally approved tentative map. The project would remain
consistent with the density plan designation shown for the site on the Bullard Community Plan.
Staff has determined that the proposed revision meets the provisions of the Fresno Municipal Code
for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the
Municipal Code, staff recommends that the Revised Map of Vesting Tentative Map of Tract
No. 4852 dated October 11, 2000, be approved by the Development Department Director and shall
NICK P. YOVINO
Revised Vesting Tentative Map of Tract No. 4852
Page 2
October 24, 2000
replace the previously approved map. Be advised that the anniversary date of the Planning
Commission approval of the original tentative map (August 19, 1998) is not affected by this
approval of the revised map.
CONDITIONS OF APPROVAL
1. Revised Vesting Tentative Map of Tract No. 4852, dated October 11, 2000, is approved to
compliance with the Development Department Conditions of Approval dated August 19,
1998.
STAFF RECOMMENDATION
Based upon the staff analysis of this application, staff recommends the Director grant approval of
the Revised Vesting Tentative Map of Tract No. 4852, date Ate'2000, subject to the above
conditions of approval. GG+oOk' (I
DIRECTOR APPROVAL
The Director hereby approves the Revised Map of Vesting Tentative Tract No. 4852, dated
October 11, 2000, subject to the above conditions of approval.
Nic . Yovino, Director
Dev Ipment Department
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City of
F_F1kriW:rc "V
Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 498-1591 FAX (559) 488-1020
October 3, 2000 Please Reply To:
Robert Lewis
(559) 498-4462
Stan Harbour
Harbour and Associates
375 Woodworth Avenue, Suite 103
Clovis, California 93612
Dear Mr. Harbour:
SUBJECT: ACTION OF THE FRESNO CITY PLANNING COMMISSION RELATING TO A
REQUEST FOR A TWO-YEAR EXTENSION OF TMIE FOR THE FILING OF A
FINAL MAP OF VESTING TENTATIVE TRACT NO. 4852/UGM
The Fresno City Planning Commission at its regular meeting of September 6, 2000, approved a two-
year extension to August 19, 2002, for the filing of the final map of Vesting Tentative Tract
No. 4852/UGM.
Enclosed is a copy of the Planning Commission Resolution No. 11467 approving the extension request
for the tract map.
If you have any additional questions concerning this matter, please contact this office.
Sincerely,
PLANNING DIVISION
Robert ewis,
Planner III
rc1U:\rclfilesklocuments\PCALT4852
Enclosures: Planning Commission Resolution No. 11467
i
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11467
The Fresno City Planning Commission at its regular meeting on September 6, 2000, adopted the
following resolution extending the time for the filing of a final map of Vesting Tentative Tract
No. 4852/UGM.
WHEREAS, the Vesting Tentative Map of Tract No. 4852/UGM was conditionally approved for
two years on August 19, 1998; and,
WHEREAS, the local Subdivision Ordinance applicable to this subdivision provides for extensions
of tentative map approval up to two years maximum; and
WHEREAS, the City Attorney has determined that a request for an additional two years (Five
maximum years total) may be permitted based on a state appellate court decision; and,
WHEREAS, a request for extension of the tentative tract map approval was filed in accordance with
Section 12-1005.1 of the local Subdivision Ordinance; and,
WHEREAS, no person spoke in opposition to the proposed extension of time.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby extends the
tentative map approval of Vesting Tentative Tract No. 4852/UGM to August 19, 2002, subject to all
conditions and requirements as set forth in Planning Commission Resolution No. 11158.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Alvarez, seconded by Commissioner Sterling.
VOTING: Ayes - Eckenrod, Alvarez, Civiello, Sterling, Stone
Noes - None
Not Voting - None
Absent - DiBuduo, Treadwell
vwkr
P. YOVINO, Secretary
Fres o City Planning Commission
DATED: September 6, 2000
Resolution No. 11467
Request for two year extension of Vesting Tentative Tract
No. 4852/UGM
Action: Approved.
rc1/J:/rc1fi1e/documents/PCR 11467
Ctty Of
r^� � J AGENDA ITEM NO. v-C-2
REPORT TO THE PLANNING COMMISSION COMMISSION MEETING Sept. 6, 2000
APPROVED BY
September 6, 2000 DEPARTMENT DIRECTOR �—
FROM: STAF ng Division
Development Department
SUBJECT: REQUEST FOR A TWO YEAR EXTENSION OF TIME FOR THE FILING OF A
FINAL MAP FOR VESTING TENTATIVE TRACT NO. 4852/UGM
INFORMATION
The proposed subdivision consists of a 95-lot single-family residential planned development subdivision on
17.6 acres located on the southeast corner of North Milburn and West Herndon Avenues.
On August 19, 1998, the Fresno City Planning Commission approved the subdivision map for an initial
two years subject to the conditions noted in the Planning Commission Resolution No. 11158.
Granting this extension of time for the filing of a final map of Vesting Tentative Tract No. 4852 will also
extend the related zone district amendment. The approved map would have expired on August 19, 2000.
Section 66452(e) of the Subdivision Map Act, however, provides that prior to the expiration of an
approved or conditionally-approved tentative map, upon application by the subdivider to extend that map,
the map is automatically extended 60 days or until the application for the extension is approved,
conditionally approved, or denied, whichever occurs first. A timely request for a one-year extension of
time was filed by the applicant on August 4, 2000.
Pursuant to Section 66452 of the Subdivision Map Act, extensions of time, not to exceed an aggregate of
5 years, may be approved or conditionally approved by the Commission.
The staff has reviewed the original conditions of approval and the subdivision map and has found no basis
for any modifications to those conditions.
RECOMMENDATION
Based upon the above information, staff recommends that the Planning Commission:
1. APPROVE the request for a two-year extension of time to August 18, 2002 for the filing of the
final map of Vesting Tentative Tract No. 4852, subject to the original conditions of approval as
contained in Planning Commission Resolution No. 11158.
Attachments: Vicinity Map/Subdivision Map
Letter from Harbour and Associates
Planning Commission Resolution No.11158
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Civil Engineers
375 Woodworth Avenue,Suite 103 - Clovis,California 93612
_ (559) 325-7676• Fax (559) 325-7699
July 07, 2000
City of Fresno
2600 Fresno St.
Fresno, Ca. 93721-3605 AUG G 4 2000
Attn: Mark Williamson, Development Manager Planning Division
Development Department
CITY OF FRESNO
Re: Tentative Tract No. 4852
Dear Mark,
As the owners authorized representative, we hereby request a two-year
extension of the tentative map approval. We are currently working on the
final map and improvement plans and will not be able to have a final map
approved before the map expires.
If you have any questions, please feel free to call.
Sincerely,
Lorren Smith
Project Coordinator
cc: Mark Annotti, Patriot Homes
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11158
The Fresno City Planning Commission at its regular meeting on August 19, 1998, 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. 4852/UGM 616 was filed with the City of Fresno and
proposes a 95-lot single family residential non-clustered planned development subdivision on
approximately 17.6 acres of land located on the southeast corner of West Herndon and North Milburn
Avenues; and,
WHEREAS, the Planning Commission conducted a public hearing to review the proposed subdivision and
considered the staff report and invited testimony with respect to the proposed subdivision; and,
WHEREAS,the Development Department staff recommended approval of the proposed project subject to
all conditions of approval contained in the staff report dated August 19, 1998 and presented at the hearing;
and,
WHEREAS, no person spoke in opposition to the project.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission finds that there is no substantial
evidence in the record that the proposed tract map may have a significant effect on the environment and
hereby approves the Mitigated Negative Declaration issued on July 30, 1998 and adopts the Mitigation
Monitoring Checklist prepared for this project.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting
Tentative Tract Map No. 4852/UGM 616 subject to Section 12-403-B of the Fresno Municipal Code, is
consistent with the adopted General Plan,any applicable specific 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 No. 4852/UGM 616 subject to the Development Department Conditions of Approval dated
August 19, 1998.
The foregoing Resolution was adopted by the Planning Commission of the City of Fresno upon a motion
by Commissioner Sterling, seconded by Commissioner Alvarez.
VOTING: Ayes- Treadwell, Sterling, Alvarez, Civiello, Stone
Noes- None
Not Voting- Nine
Absent- Dibuduo Ec enrod
C YOVINO, Secretary
Fresn ity Planning Commission
DATED: August 19, 1998
Resolution No. 11158
Vesting Tentative Tract No. 4852/UGM 616
Action: Approved with Conditions
cwp/PCR
City of
FRE S. AGENDA ITEM NO.
REPORT TO THE PLANNING COMMISSION COMMISSION MEETING 8/19/98
APPROVED BYY,/
DEPARTMENT DIRECTOR
August 19, 1998
FROM: STAFF, Building and Safety Se Division
q' Development Department
SUBJECT: VESTING TENTATIVE TRACT NO. 4852/UGM 616
CONDITIONAL USE PERMIT NO. 98-79
PROJECT: A 95-lot single-family residential non-clustered planned development
subdivision to be developed at a density of 5.4 units per acre
SITE: Approximately 17.6 acres located on the southeast corner of West
Herndon and North Milburn Avenues.
APPLICANT: Patriot Homes
(Engineer: Hanna and Hanna, Inc.)
ZONING: R-2/EA/BA-15/UGM/cz zoning is existing
CITY PLANS: Bullard Community Plan designates medium-high density (10.38 to
18.15 dwelling units per acre) residential land uses for the site.
HEARING NOTICE: Notices mailed to property owners within 350 feet on August 7, 1998.
RECOMI%IENDATION
Based upon the information and required findings in the staff report, staff recommends that the
Planning Commission take the following actions.
A. APPROVE the Negative Declaration issued on July 30, 1999 for Environmental
Assessment No. T-4852, C-98-79 subject to compliance with the mitigation measures
specified in the Mitigation Monitoring Checklist for the Environmental Assessment.
B. APPROVE Vesting Tentative Tract Map No. 4852/UGM 616 subject to compliance
with Development Department Conditions of Approval dated August 19, 1998.
C. APPROVE Conditional Use Permit No. 98-79 subject to compliance with the
following:
1. Exhibit "A" through "D" dated August 19, 1998.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract No. 4852/UGM 616
Conditional Use Permit No. 98-79
Page 2
August 19, 1998
2. Special Permit Conditions of Approval dated August 19, 1998.
3. General Conditions of Project Approval dated August 19, 1998.
Crop/perpt4852
Attachments: Vicinity/Subdivision Map
Staff Analysis
Required Findings
Development Department Conditions of Approval
Parks Department Memorandum dated July 24, 1998
FMFCD Memorandum dated August 6, 1998
Environmental Assessment No. T-4852, C-98-79
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August 19, 1998 T-4852/UGM 616
C-98-79
DEVELOPMENT DEPARTMENT
STAFF ANALYSIS
Consistency with City Plans and Policies
Vesting Tentative Tract No. 4852/UGM 616 would provide for an 95-lot single-family
residential non-clustered planned development subdivision, zoned R-2/BA-I 5/UGM/cz, on
17.6 acres of land located on the southeast corner of West Herndon and North Milburn
Avenues. The proposed density of the subdivision is 5.4 dwelling units per acre.
Conditional Use Permit No. 98-79 will allow for the development of the non-clustered planned
development project. The development standards are proposed to be modified for the R-2 zone
district.
On January 26, 1993, the Fresno City Council approved Negative Declaration No. A-92-03, R-
92-02, 5-92-152, issued on December 4, 1992. The Council also approved Plan Amendment
No. 92-03 and Rezoning Application No. 92-02, approving R-2/EA/BA-15/UGM/cz zoning for
this site, subject to the following conditions of approval:
1. The "BA" Boulevard Area Overlay Zoning District be imposed on Milburn
(15 feet).
2. The dedication of an Avigation Easement and Agreement as called for in the
Sierra Sky Park Land Use Policy Plan shall be required by the City of Fresno.
3. No schools, hospitals, nursing homes, or similar use be permitted.
4. The industrial areas of the of the project proposed to be zoned
M-1/BA/BA-15/UGM/cz shall be required to develop to the M-1-P zone district
property development standards.
5. Outdoor storage shall be limited to a height of six feet and must be covered and
screened from all street frontages.
6. Visual screens, such as trees, shall be provided as necessary to protect the visual
aesthetics of adjacent land uses, particularly residential.
Staff Analysis
T-4852/UGM 616, C-98-79
Page 2
August 19, 1998
7. Any Site Plan or Special Permit for the Community Commercial Shopping
Center shall be reviewed by the Planning Commission.
8. Architectural uniformity shall be maintained between the buildings in the
industrial and commercial areas of the project.
9. Pay any traffic impact fee established for the widening of Herndon Avenue west
of Milburn Avenue, the construction of a Herndon/SPRR grade separation, and/or
the construction of the 99/Grantland diagonal interchange prior to the issuance of
building permits for each phase of the development.
10. Prior to City approval of occupancy of the last unit in the residential portion or
the first unit in the retail portion of the subject property, whichever occurs first,
the developer shall reconstruct and/or overlay portions of Santa Fe Avenue
between Milburn Avenue and Figarden Drive necessary to repair badly
deteriorated pavement and provide for drainage improvements as determined by
the City Engineer. Prior to City approval of occupancy of any building on the
last undeveloped industrial parcel of the subject property, the center two lanes of
Milburn/Santa Fe Avenues from Palo Alto Avenue to Figarden Drive shall be
constructed to Urban Growth Management standards by the developer, if not
already completed by others. If the developer wishes to accomplish the
construction of the UGM center section and the adjacent outer lanes through an
assessment district, he shall take the lead in initiation of the district and shall
advance to the City the cost of formation of the district. '
It is noted that conditions 4-8 do not apply to this proposal. Conditions 9 and 10, however, are
applicable to the subdivision. Condition No.10, relative to the residential portion, has been
satisfied. Condition No. 9 will be included as a condition of approval of Conditional Use
Permit No. 98-79 and Vesting Tentative Tract No. 4852/UGM 616.
The Bullard Community Plan designates the subdivision site for medium-high density
residential (10.37 to 18.15 units per acre) use. The plan designates property to the south and
east for medium density residential and medium-high density residential land uses respectively.
The property to the north and west are designated for commercial office; and community
commercial and light industrial uses respectively.
Staff Analysis
T-4852/UGM 616, C-98-79
Page 3
August 19, 1998
Surrounding land uses and zoning are vacant land and a church, zoned AE-5/UGM, to the
south; multi-family residences, zoned R-2/EA/UGM/cz, to the east; commercial office zoned
C-P/EA/UGM/cz to the north; and vacant land zoned C-2/EA/BA-15/UGM/cz and
M-1/EA/BA-151UGMJcz to the west. To the north is the West Herndon Avenue Expressway
and to the west it the Santa Fe/Burlington North Railroad main line.
The site of the proposed tract map is located within the Sierra Sky Park's "Horizontal Zone" as
defined by the City's adopted Sierra Sky Park Land Use Policy of the Bullard Community Plan.
Property in the "Horizontal Zone" of the airport is subject to aircraft flyover which may lead to
a safety and noise hazards to both aircraft and residents of the proposed development.
The proposed residential subdivision and density is consistent with the policies of the Sierra
Sky Park Land Use Policy Plan relating to residential development in the "Horizontal Zone".
The site is located outside of the 60-65 dB CNEL noise contour of the airport and will not be
subject to the special aircraft noise mitigation measures for residential uses.
Based upon the above information, the proposed subdivision to be developed at a density of 5.4
units per acre under the R-2/BA-15/UGM/cz zone district standard and subject to Section 12-
403-B-2 of the Fresno Municipal Code, is considered to be consistent with the plans and
policies of the adopted community plan.
Vesting Tentative Tract No. 4852/UGM 616
This tentative tract map would create a 95-lot single-family residential non-clustered planned
development subdivision from 17.6 acres of land located on the southeast corner of West
Herndon and North Milburn Avenues. The project density is 5.4 units per acre. The proposed
lot sizes of the subdivision map will range from 4,950 square feet to 11,700 square feet per lot
with most lots being approximately 4,950 square feet.
The proposed subdivision will proceed in accordance with the provision of the City's Planned
Development Ordinance which allows for the construction of the R-2 zoned planned
development project. Under the "non-clustered" development designation the residential units
are generally distributed uniformly on a site, open space areas are privately enclosed relative to
each residential unit and access to each unit is provided by a public or private street.
Staff Analysis
T-4852/UGM 616, C-98-79
Page 4
August 19, 1998
The subdivision design proposes public street access to all of the lots in the subdivision. The
interior public streets will connect to West Palo Alto and North Milburn Avenues. It is noted
that most of the interior public streets will have 56-foot widths, which will provide for park
strips and a pedestrian walk on both sides of all streets.
"EA" Expressway Area Treatment—The proposed subdivision will abut the West Herndon
Avenue, a designated expressway street. The vehicular traffic which will utilize the Herndon
Expressway will generate a significant amount of traffic noise which may adversely impact the
residents of the single-family homes adjacent to the expressway.
In order to alleviate the traffic noise problem and as required by the City's Zoning Ordiance,
staff is recommending that the EA-Expressway Area Overlay District development standards
be applied to the portion of the subdivision closest to the Herndon Avenue Expressway. The
EA standard will require the design of the subdivision to include a 200-foot landscape
transition from the right-of-way of West Herndon Avenue.
Alternatively, if the noise is reduced to not more the 60 Ldn as determine by a noise evaluation,
residential units may be placed no closer than 75 feet to the center of the nearest travel lane of
the expressway, provided there is a minimum 8-foot high combination wall/berm placed a
minimum of 50 feet from the center of the nearest travel lane of the Herndon Expressway,
when no frontage road is provided. Where residential lots abut the frontage road, dwelling
units shall be set back a minium of 20-feet from the right-of-way line of the frontage road.
Based on an acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 15,
1998, this alternative may be implemented to mitigate the noise impacts generated by the
expressway. Therefore, the subdivision will be conditioned upon compliance with the
acoustical analysis.
Approval of the tentative and final maps of Vesting Tentative Tract No. 4852 shall also be
conditioned such that no occupancies shall be issued for any dwelling unit in the tract unless
the noise barriers and noise attenuation construction design of the units are provided in
accordance with the acoustical analysis and the provisions of the "EA" Expressway Area
District.
Staff Analysis
T-4852/UGM 616, C-98-79
Page 5
August 19, 1998
The UGM Cost/Revenue Analysis for the proposed subdivision indicates that there will be
$221,339.00 in revenues to the City, direct costs to the City of$98,686.00 and indirect costs of
$15,185.00 during a five-year analysis period. Projected revenues from the project will exceed
the expected direct and indirect operation and maintenance costs to the City, thus, approval of
the project will be in conformance with the City's UGM Cost/Revenue Policy.
A Service Delivery Analysis was completed with respect to police, fire, water, sewer, park and
street related services and the requirements of the necessary Service Delivery Plan are
incorporated into the conditions of project approval.
The subdivision map, based upon the required findings for approval, and subject to the
recommended conditions of approval, complies with applicable standards of the Zoning,
Subdivision and Urban Growth Management Ordinances and staff recommends approval.
Action by the Planning Commission on the tract map and the UGM permit, unless appealed to
the City Council, is final.
Conditional Use Permit No. 98-79
This conditional use permit (CUP) application will provide for the development of the 95-unit
non-clustered single-family residential planned development. The CUP proposes the
modification of certain property development standards of the existing R-2 zone district as
provided for under the City's Planned Development Ordinance. For this project, minimum
building setbacks, lot area and lot dimension requirements of the R-2 zone district are proposed
to be modified in order to establish detached single-family units on individual lots.
The proposed lots in the planned development will range in depth from 99 to 115 feet and will
range in width from 50 to 117 feet with the most typical lot being 50 feet wide and 99 feet deep
and having a lot area of 4,950 square feet.
The planned development will include three different unit types. All models are single story
having 1,194, 1,323 and 1,564 square feet with 3 bedrooms and 2 baths for the two smaller
models and 4 bedrooms and 2 baths for the largest model. All models have two car garages.
Exterior construction will consist of stucco siding, concrete tile or composition roofs, wood
trim and aluminum framed windows.
Staff Analysis
T-4852/UGM 616, C-98-79
Page 6
August 19, 1998
Nearly every unit of-the proposed planned development will be situated on a lot in a manner
similar to a typical single family subdivision. Front yard setbacks will be a minimum of
20 feet. All of the proposed units will have minimum 5-foot interior side yards to maintain a
minimum 10-foot separation between units. Rear yard areas, for the most part, will range from
19 to 21.5 feet to the dwelling with most being at a minimum of 20 feet. Therefore, staff
concludes that there will be adequate area to meet the open space needs of the residents of each
unit in the planned development.
As noted earlier, interior access to the subdivision will be provided by interior public streets
which will allow for on-street parking on both sides of the streets.
Subject to the recommended conditions of approval, this application conforms to the zoning
ordinance provisions relating to review and approval of conditional use permit applications
(including the provisions of the Residential Planned Development Ordinance allowing
modification of certain property development standards), and staff recommends that the
Planning Commission approve the conditional use permit.
Planning Commission action on the conditional use permit is final.
cwp/SAT4852
August 19, 1998 T-4852/UGM 616
C-98-79
REQUIRED FINDINGS
California Environmental Quality Act - The California Environmental Quality Act (Public
Resources Code Section 21000 et seq.) and the State EIR Guidelines require that a public
agency prepare an initial environmental study for each project. If the public agency finds that
there is no substantial evidence in the record that the project may have a significant effect on
the environment, a Negative Declaration will be prepared.
Environmental Assessment No. T-4852, C-98-79 (attached) was completed for this project.
The Environmental Assessment showed that there is no evidence in the record that the
proposed project may have a significant effect on the environment, and a Mitigated Negative
Declaration was filed on July 30, 1998.
State Subdivision Map Act - The Subdivision Map Act (California Government Code Section
66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together
with its design and improvements, is found to be consistent with the General Plan and any
applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the
Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a
subdivision be found to provide for firture passive and natural heating or cooling opportunities
in the subdivision development (Finding No. 6 below).
1. The proposed subdivision map, together with its design and improvements is consistent
with the City's General Plan and any applicable specific plan, because the Bullard
Community Plan designates the site for Medium-High Density Residential land uses and
the project design, subject to Section 12-403-B-2 of the Fresno Municipal Code, meets
the density and zoning ordinance criteria for development in this plan designation.
2. This site is physically suitable for the proposed type and density of development,
because conditions of approval will insure adequate access and drainage on and off the
site.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment, including fish, wildlife or their habitat,
because of the urbanized nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious
public health and safety problems, because the conditions of approval have shown and
will insure that the subdivision conforms with City health and safety standards.
Required Findings
T-4852/UGM 616
C-98-79
Page 2
August 19, 1998
5. The proposed subdivision design will not conflict with public easements within or
through the site, because conditions of approval will assure noninterference with any
existing or proposed public easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and
natural heating or cooling opportunities in the subdivision, because of the appropriate
use and placement of landscaping plant materials and because of the orientation of the
proposed lots.
The subdivision map, subject to the recommended conditions of approval, otherwise complies
with the design and property development standards of the Zoning Ordinance and local
Subdivision Ordinance.
Fresno Municipal Code - The City Zoning ordinance provides that a Conditional Use Permit
for a planned development shall only be granted if it is found that the project complies with the
Municipal Code, the site relates properly to streets and highways, the proposed use will not be
detrimental to public welfare or surrounding properties, and that the project complies with the
standards and criteria of the Residential Planned Development Ordinance. Based upon the
plans and information submitted by the applicant and the recommended conditions of project
approval, staff has determined that these findings can be made.
cwp/RQFD4852
City of Fresno August 19, 1998
Development Department
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT NO. 4852/UGM 616
All tentative subdivision maps are subject to the applicable provisions of the State
Subdivision Map Act, Fresno Municipal Code, City policies, and Standard
Specifications. The following specific conditions are applicable to this subdivision
map. The Urban Growth Management (UGM) Service Delivery Plan requirements are
included in the following conditions of approval and are designated by the caption
"Urban Growth Management Requirements".
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the
imposition of fees, dedications, reservations or exactions for this project are
subject to protest by the project applicant at the time of approval or
conditional approval of the development or within 90 days after the date of
the imposition of the fees, dedications, reservations or exactions imposed on
the development project.
GENERAL CONDITIONS
1. Preparation of the final map shall be in accordance with Vesting Tentative Tract
Map No. 4852 entitled "Exhibit A," dated July 20, 1998.
2. Submit grading plans and soils report to the City of Fresno, Development
Department, for verification prior to final map approval. Ref. Sections 12-1022
and 12-1023, Fresno Municipal Code. Approval of grading plan is required
prior to final map approval. Grading plans shall indicate the location of any
required walls and indicate the proposed width of required landscape easements
or strips.
3. Public utilities easements, as necessary, shall be dedicated to the City of Fresno.
Any required relocation of existing utilities necessitated by required street
improvements will be paid for by the appropriate utility company or the
developer of the project. Contact the appropriate utility company for
information. A Public Utility Easement (PUE), ten feet (10') in width, shall be
dedicated contiguous to all street boundaries within the Tract Map. PG&E also
requests that a PUE be incorporated within all private street.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 2
August 19, 1998
4. Relinquish access rights to North Milburn, West Palo Alto and West Herndon
Avenues from all lots which abut these major streets. Ref. Section 12-1011-f--3,
Fresno Municipal Code.
5. Comply with the conditions, policies and standards set forth in the City of
Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real
Property"; and Resolution No. 68-187, "City Policy with Respect to
Subdivisions"; Resolution No. 70-36, "Standard Specifications 1970," as
amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984,"
as amended.
6. The subdivider shall pay applicable fees for, but not limited to, street trees,
street signs, water fees, sewer fees, and inspection fees in accordance with
Resolution No. 79-606 and Resolution No. 80-420 (Master Fee Schedule), or
any amendments, modifications or additions thereof and in accordance with the
requirements of State law as related to vesting tentative tract maps.
7. The subdivider shall furnish to the City a subdivision guarantee of a title
company listing all parties having any right, title or interest and the nature of
their interest per State law.
8. Solid waste disposal for the subdivision shall be provided by the City of Fresno.
The method of collection to be utilized in this tract shall be subject to the
approval of the Solid Waste Manager.
9. Submit a "Deed of Avigation and Hazard Easement" for recordation with the
final map. The easement shall extend over the entire subdivision and the
easement surfaces shall be based on Part 77 of the Federal Aviation Regulations.
10. The residential units proposed for this tentative map site shall be built in
accordance with the building height restrictions which extend from the
"Horizontal Zone" into the project site as defined by Part 77 of the Federal
Aviation Regulations.
11. The property owner shall record a covenant providing that it is understood by
the owners and owners' successors in interest that the real property in question
lies in close proximity to the Sierra Sky Park Airport and that the operation of
the airport and the landing, taking-off and flyover of aircraft may generate high
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 3
August 19, 1998
noise levels which will affect the habitability and quiet enjoyment of the property
and that the owner(s) accept and acknowledge the operations of the Sierra Sky
Park Airport. The owner(s) shall notify any buyer by the use of real estate
disclosure statements for the property. The disclosure statements shall notify the
buyer of the proximity of the property to the Sierra Sky Park Airport and that
aircraft overflights may affect the habitability and quiet enjoyment of the
property. The above easement, covenant, conditions and restrictions shall run
with the land and shall be binding upon the present and subsequent owners of the
property.
12. In accordance with the mitigation measures identified in the acoustical analysis
for Tract No. 4852 prepared by Brown-Buntin Associates, Inc. dated July 15,
1998, single-story dwellings only shall be constructed on proposed Lots 1 and 74
unless a specific analysis of the building plans show that interior noise levels will
meet both State and local standards.
13. Provide noise attenuation construction in accordance with California
Administrative Code (CAC) Title 24 (California Noise Insulation Standards) and
the Noise Element of the 1984 Fresno General Plan, sufficient to reduce interior
noise levels attributable to railroad and traffic noise sources not exceed 45 dB
CNEL with windows and doors closed in any habitable room or a residential
dwelling.
Landscaping and Walls
14. Provide a 15-foot landscaped strip (and irrigation system) along the rear property
lines of all lots which back-onto North Milburn Avenue, a 10-foot landscaped
strip (and irrigation system) along the rear and side property lines of all lots
which back-onto or side-onto West Palo Alto Avenue and a 10- to 26-foot
Landscaped strip (and irrigation system) along West Herndon Avenue. Ref.
Sections 12-1011-f-3 and 12-244, 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.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 4
August 19, 1998
15. Maintenance of the required 10-, 15-, and 26-foot landscape strips located along
North Milburn, West Palo Alto, and West Herndon Avenues may be the
responsibility of the of the Community Facilities District No. 2. Contact the
Public Works Department, Engineering Services Division staff for information
regarding this district. If the owner/developer elects to utilize the Community
Facilities District No. 2, then the property owners shall petition the City for
annexation to the district prior to final map approval.
16. If maintenance of the required landscape strip is not the responsibility of the
Community Facilities District No. 2, then the responsibility shall be the
homeowner's association. The proposed Declaration of Covenants, Conditions,
and Restrictions (CC&R's) and the proposed instruments for the owner's
association are to be submitted to the Development Department for review prior
to final map approval. Said documents are to 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 Development Department Guidelines for preparation
of CC&R's dated January 11, 1985.
17. Improvement plans for all required landscaping and irrigation systems shall be
submitted to the Development Department for review prior to final map
approval.
18. Construct a 6-foot high solid masonry wall (solid wall to meet requirements of
Section 12-105-W-2, and Section 12-306-N-19, Fresno Municipal Code), at the
rear of the required landscaped strip along North Milburn and West Palo Alto
Avenues as noted in Condition No. 14, above.
19. Construct a 8-foot to 12-foot high solid masonry wall or wall/ berm combination
along the West Herndon Avenue frontage and the rear of lots 1 and 74 in
accordance with the "EA" Expressway Area Overlay standards and the
acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 15,
1998.
20. Construction plans for required walls showing architectural appearance and
location of all walls shall be submitted to the Development Department for
review prior to final map approval.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 5
August 19, 1998
Building Setbacks
21. Building setback shall be as shown on "Exhibit A" of Conditional Use Permit
No. 98-79
Information
22. This tentative subdivision map site is subject to the conditions of zoning required
by the City Council for approval of Rezoning Application No. 92-02 and
recorded in the Covenant Agreement on April 21, 1993.
23. Conditional Use Permit (CUP) Application No. 98-79 filed to establish the
95-lot, non-clustered planned development shall be approved prior to final map
approval.
24. If archaeological and/or animal fossil material is encountered during project
surveying, grading, excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be
immediately contacted. If the remains or other archaeological material is
possibly Native American in origin, the Native American Heritage Commission
(phone. 916-653-4082) shall be immediately contacted, and the California
Archaeological Inventory/Southern San Joaquin Valley Information Center
(phone. 805-644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project,
the site shall be formally recorded, and recommendations made to the City as to
any further site investigation or site avoidance/preservation.
If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley
shall be contacted to obtain a referral list of recognized paleontologists. An
assessment shall be conducted by a paleontologist, and if the paleontologist
determines the material to be significant, it shall be preserved.
25. Pay school construction fees to the Fresno Unified School District in accordance
with the adopted schedule of fees, prior to the issuance of building permits for
the subdivision.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 6
August 19, 1998
26. Contact the United States Postal Service - Fresno Office for the location and type
of mailboxes to be installed in this subdivision.
27. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right
of the subdivider to file multiple final maps shall not detract from the authority
of the local agency to impose reasonable conditions relating to the filing of
multiple final maps," any multiple final maps filed by the subdivider on this tract
shall fully and independently conform to all provisions of Chapter 12, Article 10
of the Fresno Municipal Code (Subdivision of Real Property).
28. 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.
29. 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
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 7
August 19, 1998
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
30. Comply with the requirements in the attached memorandum from the Parks
Division dated July 24, 1998
Urban Growth Management Requirements
31. 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
32. Comply with the requirements in the attached memorandum from the Fire
Department dated July 21, 1998.
Urban Growth Management Requirements
33. The subdivider shall be required to pay the appropriate Fire Station Capital Fee
at the time of final map approval. If appropriate, fee payment may be deferred
until time of building permit issuance in accordance with the requirements of
Section 12-4.508-D-3, Fresno Municipal Code.
STREETS AND RIGHTS-OF-WAY
34. The subdivider shall make provisions for the physically handicapped in
accordance with the Department of Public Works standards and as required by
State law.
35. All existing and proposed utility systems shall be installed underground in
accordance with Section 12-1011(h) of the Fresno Municipal Code. The
subdivider's attention is directed to the installation of street lights in accordance
with Resolution Nos. 68-187, 78-522, 81-219 and 88-229.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 8
August 19, 1998
36. The subdivider shall construct a complete underground street light system as
approved by the Traffic Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc., of standards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or any modification thereto approved
by the City Council prior to installation and shall be approved by the City
Traffic Engineer prior to final map approval. All lights shall be dedicated to the
City upon completion. Submit engineered construction plans to the Public
Works Department for approval.
37. The subdivider shall furnish to the City acceptable security to guarantee the
construction of the off-site street improvements in accordance with all applicable
provisions of the Fresno Municipal Code and the State Subdivision Map Act.
38. All of the required street improvements shall be constructed and/or installed in
accordance with City of Fresno standard specifications.
39. The developer shall comply with Rule 8060 of the San Joaquin Valley Air
Quality Pollution Control District for the control of fugitive dust requirements
from paved and unpaved roads.
40. All interior streets shall be dedicated in accordance with the 56-foot and the
alternative 50-foot street standard widths as shown on Exhibit "A", and fully
improved with standard curb, gutter, sidewalk on both sides of all 56-foot
streets, street lighting, and full width permanent street pavement. Sidewalk shall
be constructed only on the south side of West Millbrae Avenue.
41. North Milburn Avenue--within the limits of the tract shall be dedicated to the
110-foot arterial street standard width and fully improved with standard curb,
gutter, sidewalk and street lighting.
42. West Palo Alto Avenue--within the limits of the tract, shall be developed to a
84-foot collector street standard width, and fully improved with standard curb,
gutter, sidewalk, street lighting, and 20 feet of permanent street pavement.
43. West Magill Avenue shall be relocate to the south to a point acceptable to the
traffic engineer which will align with the median opening to be coordinated with
the future development to the west of North Milburn Avneue.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 9
August 19, 1998
44. All irrigation pipeline in the public right-of-way shall be rubber gasket
reinforced concrete pipe and subject to a one time $5.00 per linear foot
maintenance fee.
Urban Growth Management Requirements
The nearest major street complying geometrically with the master plan of streets and
highways is West Herndon Avenue. 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.
45. North Milburn Avenue-from West Herndon Avenue to West Palo Alto Avenue,
the developer shall be required to construct the remaining portion of the median
island with a southbound and northbound left turns lanes at West Magill Avenue.
The location of the left turn lanes shall be coordinated with the property owner
on the west side of North Milburn Avenue.
SEWER SERVICE
A 45-inch sanitary sewer main is existing in West Herndon Avenue adjacent to the
proposed subdivision and a 10-inch sanitary sewer main is existing in West Palo Alto
Avenue adjacent to the proposed subdivision.
46. Flows from this tract shall be directed to the sewer main in West Palo Alto
Avenue.
47. Separate sewer house branches shall be provided to each lot created.
48. Sanitary sewer facilities shall be installed in accordance with Public Works
Department standards, specifications and policies.
Urban Growth Management Requirements
49. The tract is located in the service area of the Cornelia Trunk Sewer, therefore,
the developer shall pay the appropriate trunk sewer charge in effect at the time
that building permits are issued.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 10
August 19, 1998
WATER SERVICE
A 24-inch water transmission grid water main is existing in West Herndon Avenue and
a 14-inch water transmission grid water main is located in North Milburn Avenue and a
8-inch water main is located in West Palo Alto Avenue adjacent to the tract.
50. A minimum of two points of connection to the public water mains are required
to serve this tract.
51. Separate water services shall be provided to each lot created.
52. Water facilities constructed within the public rights-of-way shall be installed in
accordance with Public Works standards, specifications and policies.
Urban Growth Management Requirements
53. The tract is located in Water Well Service Area No. 201-S. The developer shall
pay the appropriate water supply well charge in effect for this area at the time of
final map approval.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
54. The developer of property located within the UGM boundaries shall comply with
all sewer, water and street requirements and pay all applicable UGM fees
imposed under the Urban Growth Management process (with appropriate credit
given for the installation of required UGM improvements) in accordance with
the requirements of State Law as related to vesting tentative tract maps.
55. The developer will be responsible for the relocation or reconstruction of any
existing improvements or facilities necessary to construct any of the required
UGM improvements.
Right-of-Way Acquisition
56. The developer will be responsible for the acquisition of any necessary
right-of-way to construct any of the required improvements.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 11
August 19, 1998
Rights-of-Way acquisition shall include any rights-of-way necessary for proper
drainage, signing, pole relocation, and shoulder grading. In general, this will
require right-of-way to be provided approximately 10 feet outside the traveled
lane. The exact requirement must be determined at the project design stage
based on the existing conditions and detailed design information.
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
57. The subdivider shall be required to pay any applicable storm drainage fees to
comply with Chapter 13, Article 13 of the Fresno Municipal Code.
58. 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 Development Department dated August 6, 1998.
59. In order to avoid or reduce the discharge of pollutants into the storm water
system, the U.S. Environmental Protection Agency requires that a Notice of
Intent for a general National Pollutant Discharge Elimination System permit be
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 12
August 19, 1998
filed for a variety of industrial uses and for any construction site of five or more
acres of land. The property owner of this development site is hereby informed
of that requirement and of his and any business owner's responsibility to ensure
that the Notice of Intent is filed in accordance with the regulations published in
Volume 55, No. 222 of the Federal Register.
IRRIGATION CANAL
60. A private irrigation canal traverses the proposed subdivision. Pursuant to
Section 12-1012(a) of the Fresno Municipal Code, the subdivider shall be
required to pipe and relocate the canal outside of public street rights-of-way, and
provide the easements necessary to accommodate the pipeline prior to final map
approval.
In lieu of the above requirement, the subdivider shall provide acceptable
evidence that all downstream users of the canal have relinquished their rights to
its use.
DEVELOPMENT FEES AND CHARGES
61. This project is subject to the following development fees and charges:
PARKS DEPARTMENT
a. Street Tree Landscape Plan Review fee $37.00
b. Street Tree Installation fee
City installed tree $102.00/tree
C. Street Tree Inspection fee
Developer installed tree $28.00/tree
d. Maintenance District Plan Review fee $132.00
e. Maintenance District Inspection fee $293.00
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
f. Metropolitan Flood Control District Fee $108,609.00
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 13
August 19, 1998
SEWER CONNECTION CHARGES
g. Lateral Sewer Charge $10/lineal foot
h. Oversize Charge $240/gross acre
(parcels 5 gross acres
or more)
i. Trunk Sewer Charge $570/living unit
Service Area: Cornelia
j. Major Facilities Sewer Charge $200/living unit
k. Major Facilities Sewer Charge (Trunk Sewer) $200/living unit
Service Area: Cornelia
1. Wastewater Facilities Charge $2,310/living unit
equivalent;
$2,450/living unit
equivalent effective
9/1/98;
$2,600/living unit
equivalent effective
9/1/99.
in. House Branch Sewer Charge n/a
n. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES
o. 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.
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 14
August 19, 1998
P. Frontage Charge $6.50/lineal foot
q. Fire Hydrant Charge $.75/100 square feet
r. Transmission Grid Main Charge $560/gross acre
(parcels 5 gross acres
or more)
S. Transmission Grid Main Bond Debt Service Charge $243/gross acre
(parcels 5 gross acres
or more)
t. UGM Water Supply Fee $354/living unit
Service Area: 201s
U. Well Head Treatment Fee $0/living unit
Service Area: 201
V. Recharge Fee $0/living unit
Service Area: 201
W. 1994 Bond Debt Service $0/living unit
Service Area: 201
URBAN GROWTH MANAGEMENT FEES/CHARGE*
X. UGM Fire Station Capital Fee $2,056/gross acre
Service Area: 14
Y. UGM Park Fee $3,390/gross acre
Service Area: 5
Z. Major Street Charge $1,930/adjusted acre
Service Area: C/D-2
aa. Major Street Bridge Charge $65/adjusted acre
Service Area: C/D-2
bb. Traffic Signal Charge $860/adjusted acre
Conditions of Approval
Vesting Tentative Tract No. 4852/UGM 616
Page 15
August 19, 1998
cc. UGM Grade Separation Fee n/a
dd. UGM At-Grade Railroad Crossing Fee $262/adjusted area
Service Area: C/D-1
ee. Trunk Sewer Charge n/a
Service Area:
ff. *Street Acquisition/Construction Charge n/a
cwp/COAT4852
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
TO: Robert Lewis, Planner
Development Department
FROM: DIANE WETZEL, Tree Program Specialist (498.4908)
DIMITRIOS GEORGES, Parks Planning Coordinator (498.2733)-
DATE: 7/24/98 �--
Subject: Tentative Subdivision Map T-4852 (Herndon & Milburn)
The Parks Department has reviewed the Tentative Subdivision Map proposed by Patriot Homes on plans prepared by
Hanna & Hanna dated 1/12/98. Parks offers the following comments regarding the street tree, buffer/parkway strip
conditions ...
STREET TREE REQUIREMENTS
A. Street Tree planting by the Parks Division: The developer shall notify Parks to mark tree locations and to drill through
hardpan upon completion of curb and gutter construction.
1. Home buyers shall be informed that Parks will be planting a minimum of one street tree in the landscape easement
right-of-way or park strip of each lot.
2. Street trees shall be planted prior to occupancy in lots used for model homes. The developer shall contact Parks to
coordinate tree planting such that planting can occur concurrently with front yard landscaping.
3. Street tree fees shall be paid in accordance with the most current version of the Master Fee Schedule.
B. Street Tree Planting by Developer: At each residential home site where front yard landscaping is to be installed as part
of the lot sale, the developer may plant one tree for each 60' of street frontage, or one tree per lot having street frontage,
whichever is greater. For any side lot frontage, trees shall be planted at the rate of one tree for the first sixty feet, two
trees when the frontage is 61 to 120'.
Street tree inspection fees for each 60' of public street frontage shall be collected.
1. Trees shall be planted in accordance with "Specifications for Developer Street Tree Planting". The developer shall
contact Parks to determine tree species required on each street.
2. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and
approved by the Parks, Recreation and Community Services Department. A street tree planting permit shall be required
for all residential street tree planting.
3. Performance and payment securities, paid with final map, will be released when all landscaping installed on public
and/or city controlled property is in conformance with Parks Division's planting specifications and meets the specifications
of the city.
4. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and
warranty of the work for a period of ninety days following acceptance.
5. Street trees shall be planted prior to opening in lots used for model homes and within 30 days after occupancy for the
balance of the homes. The developer shall contact Parks to coordinate tree planting such that planting can occur
concurrently with front yard landscaping
6. The frontage road island landscaping shall be maintained by the City of Fresno and shall not be included in the
Landscape and Lighting Maintenance District #1.
7. A ten (10) foot Planting Easement (P.P.U.E.) shall be designated adjacent to all forty foot(40), fifty-four foot (54)
streets. A P.P.U.E. is not necessary adjacent to 56' and wider streets. Any request to deviate from the ten (10) foot
planting easement shall be submitted in writing to the Parks Division Manager.
Parks Department comments T-4852
7/24/98
page 2
DEVELOPER PLANTING FOR FACILITIES DISTRICT
1. The developer may landscape for inclusion into the Community Facilities District (CFD), the landscape strip and
right-of-way on all streets requiring back up treatment.
2. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council
approval. Landscaping plans shall be reviewed and approved by the Parks, Recreation and Community Services
Department. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on
October 2, 1990.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the
landscape easement. Maximum slopes shall not exceed 4:1 with 1' of level ground between the slope and the back of
the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes 4:1 or greater. Such
erosion control shall, at a minimum include the use of synthetic erosion control netting in combination with ground cover
species approved by the Parks Division.
4. 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.
5. 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.
6. Street trees designated for this project are:
7. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal
Code regarding Water Efficient Landscaping and Buffer landscaping passed by Council on September 20, 1994.
PRIVATELY MAINTAINED BUFFER LANDSCAPING:
1. The developer may landscape and maintain the landscape strip and right-of-way on all streets requiring backup
treatment. The Covenants, Conditions, and Restrictions of the homeowner's association shall guarantee the maintenance
of all landscaping in the right-of-way and buffer. One copy of the CC&R's shall be forwarded to Parks Division.
2. Street tree inspection fees per each 60' of public street frontage shall be collected.
3. Trees shall be planted in accordance with Parks Division tree planting specifications. The following street tree species
shall be required for street tree planting:
4. Street tree planting plans as a numbered part of the street construction plans and an approved "Developer Tree
Planting Agreement", are required prior to Council approval of final map. Landscaping plans shall be reviewed and
approved by the Parks, Recreation and Community, Services Department. Plans shall show all trees to be installed in the
buffer and on public property.
5. Performance and payment securities, paid with final map, will be released when all landscaping installed on public
and/or City controlled property is in conformance with Parks Division's planting specifications and meets the specifications
of the City.
6. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the
landscape easement. Maximum slopes shall not exceed 4:1 with 1' of level ground between the slope and the back of
the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes 4:1 or greater. Such
erosion control shall, at a minimum include the use of synthetic erosion control netting in combination with ground cover
species approved by the Parks Division.
Parks Department comments T-4852
7/24/98 pope 3
FEES:
As a reminder, please verify that the following administrative/plan check fees are collected:
Collect the street tree landscape plan review fee of $37.00 (Acct. #781963-3177)
Collect the street tree inspection fee of $28.00 per tree (Acct. #781963-3210) (if this option is taken by the
developer)
Collect the 5 Gallon Street Tree Installation fee for City installed street trees @ $102.00 per tree for the current
FY '98 (Acct. #781963-3205 ) if this option is taken by the developer.
For the Community Facilities District: (account index 3177-950816), collect fees in the sum of $132.00 for Plan
review by the Parks Division, and 293.00 for field inspection of the landscape areas. Should the project be
phased, separate plan check and inspection fees shall be collected for each phase. A reinspection fee of
$29.00/hour shall be charged when the landscape (and all associated work, including irrigation) fails to pass
inspection and requires a reinspection by city staff.
File No. 210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Mark Williamson, Development Manager Patriot Homes
Development Services Department 14724 Ventura Blvd.
City Of Fresno Sherman Oaks, CA. 94103
2600 Fresno Street
Fresno, CA 93721
MAP NO.Tract 4852 TENTATIVE FEE(S) (See No. 1 & 10 below)
DRAINAGE AREA(S) "EG" DRAINAGE AREA "EG" $108,609.00 �(
DATE 8--7-99 DRAINAGE AREA
Approval of this development shall be conditioned upon compliance with these District
requirements.
1. The proposed development shall pay drainage fees pursuant to the Drainage Fee
Ordinance prior to approval of the final map at the rates in effect at the time of such
approval. The fee indicated above is based on the tentative map. Contact the FMFCD
project engineer prior to approval of the final map for the fee.
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 deferable.
b) Fees may be calculated based on the actual percentage of runoff if different than
that typical for the zone district under which the development is being undertaken
and if permanent provisions are made to assure that the site remains in that
configuration.
C) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
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.
.//Grading and drainage patterns shall he as identified on Exhibit
AEl Hof(f 0
3. 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. See l-xltibii N4-4- // None
required, see Paragraph No. 10.
4. The following final improvement plans shall be submitted to the District for review prior
to final development approval. ( n
✓ Grading Plan Storm Drain Plan Final Map v
✓ Street Plan Water& Sewer Plan Other
crrr.TxAcrioaC 95469 E.OLIVE •FRESNO,CA 93727 • (209)456-3292 • FAX(209)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 2
5. 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. 3 hereof will
provide permanent drainage service.
✓ c. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available. Temporaty
through
d. Exhibit No. 2. ^
6. The proposed development appears//does not appear to be located within a 500 year!I \y1
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.
7. The Federal Storm Water Regulations have identified eleven industry types which must
secure an industrial storm water discharges permit in compliance with the U.S.E.P.A.'s
NPDES regulations (CFR Parts 122-124, Nov. 1990), Industrial activities required to
secure a permit include, but are not limited to: trucking terminals; municipal passenger
service facilities; manufacturing facilities; and other industrial activities which might
generate contaminated runoff. The industrial permit is secured by filing a Notice of
Intent and paying a fee to the State Water Resources Control Board, 30 days prior to the
beginning of operation. The permittee must also develop and implement a storm water
pollution prevention plan, reporting plan, and monitoring plan, and eliminate all
prohibited non-storm water discharges.
8. Construction activity including grading, clearing, grubbing, filling, excavation,
development or redevelopment of land that results in a disturbance of 5 acres or more
(or less than 5 acres but part of a larger common plan of development or sale) must
secure a construction storm water discharge permit in compliance with U.S.E.P.A.'s
NPDES regulations (CFR Parts 122-124, Nov. 1990). The construction permit is
secured by filing a Notice of Intent and paying a fee to the State Water Resources
Control Board prior to the commencement of construction. The permittee must also
develop and implement a storm water pollution prevention plan, monitoring plan,
reporting plan, and eliminate all prohibited non-storm water discharges.
9. The proposed development shall implement all applicable BMPs presented in the
Construction Site and Post-Construction Storm Water Quality Management Guidelines
(available at the District Office), to reduce the release of pollutants in storm water runoff
to the maximum extent practicable.
10. A requirement of the District may be appealed by filing a written notice of appeal with O
the Secretary of the District within ten days of the date of this Notice of Requirements.
•
11. 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 ---It—\—
developer or requirements made by other agencies.
12. 3t See Exhibit No. 2 for additional comments, recommendations and requirements. OC
V
Gerald E. La eman, District Engineeroift Engineer
c:
Hanna & Hanna
crrv.TkAcnncc T5469 E. OLIVE •FRESNO,CA 93727 • (209)456-3292 FAX(209)456-3194
OTHER REQUIREMENTS
EXHIBIT NO. 2
A temporary storm drain basin is located in the southeast corner of
the proposed boundary for Tract 4852. Due to the fact that Tract
4852 does not have permanent storm drain service, the Developer
must relocate and/or expand the temporary basin to accommodate
runoff currently directed to the temporary basin, as well as the
runoff generated by Tract 4852.
Assessments for Master Plan drainage facilities were levied on the
property of this tract in Assessment District 131. Therefore,
drainage fee credits will be effected upon execution of a
City/District agreement (not yet executed) . It is anticipated that
a portion of the drainage fee obligation identified on the cover
page of this notice will be offset by drainage fee credits. The
District will attempt to complete the agreement with the City as
soon as possible so the credits can be applied prior to the final
map.
Development No. Tract 4852
NOTE:
HERNDON AVE. THIS DRAWING IS A SCHEMATIC
ALL DISTANCES ARE APPROXIMATE.
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LEGEND
Future Master P/an FociRies
O— —— Existing Master P/an Facilities
Direction of Drainage
-- --- Inlet Boundary
TRACT 4852
EXHIBIT N0. 1 Drainage Area "EG"
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
M:\DWGS\OE%HIBITS\TRACTS\4852.OWC Ilddyw 08-OM.
CITY OF FRESNO MITIGATED NEGATIVE DECLARATION
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Initial Study is on file in the Development Environmental
Department, City Hall, 2600 Fresno Street, Assessment Number:
T-4852,C-98-79
Fresno, California 93721 (209) 498-4441
APPLICANT: Assessor's Parcel
Patriot Homes Number:
14724 Ventrua Boulevard
Sherman Oaks, California 94103 507-030-18
PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Filed with:
No. 4852/UGM 616 and Conditional Use Permit No. 98-79, a 95-lot REBECCA E. KLISCH, City Clerk
single-family residential non-clustered planned development subdivision 2nd Floor - City Hall
on 17.6 acres of R-2/13A-15/UGM/cz property located on the southeast 2600 Fresno Street
corner of West Herndon and North Milburn Avenues. Fresno, California 93721-3603
The proposed project has been evaluated with respect to each item on the attached environmental
checklist. This completed checklist reflects comments of any applicable responsible agencies and
research and analysis conducted to examine the interrelationship between the proposed project and the
physical environment. The information contained in the Environmental Assessment Application, the
checklist, and any attachments to the checklist, combine to form a record indicating that an initial study
has been completed in compliance with the State CEQA Guidelines and the California Environmental
Quality Act.
Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been
identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent
in the nature and magnitude of the project or may be related to the design and characteristics of the
individual project. Effects rated in this manner are not sufficient in themselves to require the preparation
of an Environmental Impact Report and/or have been mitigated to the extent feasible.
All new development activity and many non-physical projects contribute directly or indirectly toward a
cumulative impact on the physical environment. The incremental effect contributed by this project toward
such a cumulative effect is not considered substantial in itself.
The proposed project is not expected to result in any significant adverse effects in terms of the factors
considered on the environmental checklist, including any such factors for which minor effects have been
identified. Cumulative effects of a significant nature are also not expected. The proposed project will
not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in
Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project
will clearly not have a significant adverse effect on the environment.
This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner
specified by Section 12-505 of the Fresno Municipal Code.
INITIAL STUDY PREPARED BY: SUBMITTED BY:
Robert Lewis, Planner III
DATE: July 30, 1998 MARK I. WILLIAMSON l3
Building and Safety Services Division Manager
MNDt4852
ENVIRONMENTAL CHECKLIST
Potential Environmental Effects EA NO. T-4852. C-98-79
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 10.0 TRANSPORTATION AND CIRCULATION
CONSIDERATIONS 1 * 10.1 Generation of vehicle traffic sufficient to
1 1.1 Geologic hazards, unstable soil conditions cause capacity deficiencies on existing
1 1.2 Adverse change in topography or ground street system
surface relief 1 * 10.2 Cumulative increase in traffic on a major
1 1.3 Destruction of unique geologic or street for which capacity deficiencies are
physical features projected
1 1.4 Increased water erosion 1 10.3 Specific traffic hazard to motorists,
bicyclists, or pedestrians
2.0 AIR QUALITY 1 10.4 Routing of non-residential traffic through
1 * 2.1 Substantial indirect source of pollution residential area
(large vehicle generator) 1 10.5 Insufficient or poorly located parking
1 2.2 Direct on-site pollution generation 1 10.6 Substantial increase in rail and/or air
1 2.3 Generation of objectionable odors traffic
1 2.4 Generation of dust except during
construction 11.0 URBAN SERVICES
1 2.5 Adverse local climatic changes 1 11.1 Availability of fire protection
1 11.2 Lack of emergency vehicle access
3.0 WATER 1 11.3 Adequacy of design for crime prevention
1 3.1 Insufficient ground water available for 1 * 11.4 Overcrowding of school facilities
long-term project use 1 11.5 Availability of water mains of adequate
1 3.2 Use of large quantities of ground water size
1 3.3 Wasteful use of ground water 1 1 1 .6 Availability of sewer lines of adequate
1 3.4 Pollution of surface or ground water capacity
supplies 1 1 1 .7 Availability of storm water drainage
1 3.5 Reduction in ground water recharge facilities (on or off-site)
1 11.8 Availability of adequate park and
4.0 PLANT LIFE recreation areas
1 4.1 Reduction of the numbers of any unique, 1 11.9 Unusually high solid waste generation
rare, or endangered species
1 4.2 Reduction in acreage of agricultural crop 12.0 HAZARDS
1 4.3 Premature or unnecessary conversion of 1 12.1 Risk of explosion or release of hazardous
prime agricultural land substances
1 12.2 Site subject to flooding
5.0 ANIMAL LIFE 1 12.3 Adverse change in course of flow of
1 5.1 Reduction in the numbers of any rare, flood waters
unique, or endangered species 1 * 12.4 Potential hazards from aircraft accidents
1 5.2 Deterioration or displacement of valuable 1 12.5 Potential hazards from landfill and/or
wildlife habitat toxic waste sites
1 6.0 HUMAN HEALTH 13.0 AESTHETICS
1 13.1 Obstruction to public or scenic vista or
7.0 NOISE view
1 7.1 Increases in existing noise levels 1 13.2 Creation of aesthetically offensive
2 7.2 Exposure to high noise levels conditions
1 13.3 Removal of street trees or other valuable
8.0 LIGHT AND GLARE vegetation
1 8.1 Production of glare, which will adversely 1 13.4 Architectural incompatibility with
affect residential areas surrounding area
1 8.2 Exposure of residences to high levels of
glare 14.0 HISTORICAL/ARCHAEOLOGICAL
1 14.1 Removal of historic building, disruption of
9.0 LAND USE archaeological site
1 9.1 Incompatibility with adopted plans and 1 14.2 Construction or activity incompatible with
policies adjacent historic site
1 9.2 Acceleration of growth rate
1 9.3 Induces unplanned growth 15.0 ENERGY
1 9.4 Adverse change in existing or planned 1 15.1 Use of substantial amounts of fuel or
area characteristics energy
1 15.2 Substantial increase in demand upon
existing sources of energy
1 15.3 Wasteful use of energy
SEE REVERSE SIDE FOR EXPLANATION OF RATINGS
Troi.EnvChklist
Explanation of Ratings
11011
1011 Insufficient Information
Insufficient information is available to determine the potential environmental effects which may result from the
proposed project in this category.
No Significant Environmental Effect
The proposed project will not have an adverse environmental effect in this category, or any such effect is not
substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is
not applicable to the particular project under consideration.
11211 Moderate Environmental Effect
The proposed project will have an adverse environmental effect in this category, which is of sufficient
magnitude to be of specific concern. However, this effect is not substantial enough in itself to require the
preparation of an Environmental Impact Report,
111311 Significant Adverse Environmental Effect
The environmental effect identified in this category substantiates in itself or contributed toward 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.
Initial Study
Environmental Assessment No. T-4852, C-98-79
PROJECT DESCRIPTION
Vesting Tentative Tract No. 4852/UGM 616 would provide for the development of a 95-lot
single-family residential non-clustered planned development subdivision on approximately
17.6 acres of R-2BA-15/EA/UGM/cz zoned property located on the southwest corner of West
Herndon and North Milburn Avenues. The subdivision will be developed at a density of
approximately 5.4 units per acre. The tract map is located within the City's Urban Growth
Management(UGM) Area and will be subject to the appropriate UGM ordinances and policies.
Conditional Use Permit No. 98-79 will provide for development of the non-clustered planned
development. The planned development is for the reduction of property development
standards of the R-2 zone district.
ANALYSIS
The Bullard Community Plan, a refinement of the 1984 Fresno General Plan, designates the
subdivision site for medium-high density residential (10.37 to 18.15 units per acre) land uses.
The plan designates property to the south for medium density residential uses. The property to
the east is designated for medium-high density residential land uses and the property to the
west is designated for community commercial and light industrial land uses. The property to
the north is designated for commercial office land uses.
Surrounding land uses and zoning are vacant land and a church, zoned AE-5/UGM, to the
south; multi-family residences, zoned R-2/EA/UGM/cz, to the east; commercial office zoned
C-P/EA/UGM/cz to the north; and vacant land zoned C-2/EABA-15/UGM/cz and
M-1/EABA-15/UGM/cz to the west. To the north is the West Herndon Avenue Expressway
and to the west it the Santa Fe/Burlington Railroad main line.
The proposed single-family residential subdivision, to be developed at a density of 5.4 units
per acre under-the R-2/EABA-15/UGM/cz zone district and subject to Section 12-403-B-2 of
the Fresno Municipal Code, is considered to be consistent with the medium-high density
residential land use designation of the Bullard Community Plan.
Initial Study EA T-4852, C-98-79
Page 2
July 30, 1998
Staff has reviewed the above-referenced project proposal and determined that approval of the
project may contribute to the creation of certain additional moderate environmental effects or
the project may be adversely impacted by existing environmental situations as addressed
below.
2.1--Substantial Indirect Source of Pollution
The proposed project will cumulatively contribute to the incremental decline in local air
quality. However, the project's air quality impact in and of itself is not felt to be significant.
The project site is located in Fresno County, a nonattainment area for ozone and particulate
matter air pollution and within the Fresno-Clovis Metropolitan Area, a nonattainment area for
carbon monoxide air pollution. The San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) charged with monitoring and improving local air quality, has developed the
1982 Fresno Clean Air Plan which continues to project nonattainment for the three
above-noted pollutants. That plan includes a number of strategies to improve air quality
including a transportation control strategy and a vehicle inspection program.
The City of Fresno, in addition to the measures proposed by the SJVUAPCD, is proposing
additional measures to improve local air quality including the full implementation of Measure
"C" funded transportation improvements, implementation of community planning procedures
which are sensitive to air quality, computerization of all of the City's traffic signals and
improvements to the City's mass transit system. However, even with the combined efforts of
both the SJVUAPCD and the City of Fresno, mandated State air quality standards may not be
attained.
4.2--Reduction of Agricultural Lands
The subject site is currently utilized for agricultural purposes. Development as proposed will
result in the cessation of all agricultural activities on the subject site. However, the site is in an
area planned for residential development at urban densities in the 1984 Fresno General Plan
and the Bullard Community Plan.
The Environmental Impact Report for the 1984 Fresno General Plan discusses the loss of
agricultural lands in the Bullard Community Plan area in a thorough manner. That
Environmental Impact Report concluded that agricultural lands in the Bullard Community as a
whole are considered to be less valuable for continued long-term agricultural use than several
other areas in the metropolitan fringe area. Therefore, the loss of the existing agricultural land
is not considered to be significant.
Initial Study EA T-4852, C-98-79
Page 3
July 30, 1998
7.2--Noise Exposure
The proposed subdivision is located east of the Santa Fe Railroad/Burlington North mainline.
This railroad is a significant source of noise and vibration which can disrupt the habitability of
a residential area.
This noise problem can be alleviated, however, by the implementation of the mitigation
measures identified in the acoustical analysis for Tract No. 4852 prepared by Brown-Buntin
Associates, Inc. dated July 15, 1998. These measures include the installation of a noise barrier
in the form of masonry wall 6-feet in height and located at the rear of proposed Lots 1 through
26 and the side of proposed Lot 95.
Therefore, approval of the tentative and final maps of Vesting Tentative Tract No. 4852/UGM
616 shall be conditioned such that no occupancy permit shall be issued for the affected
dwelling units in the tract unless the noise barriers are provided as identified by the acoustical
analysis and the noise levels are consistent with the standard established by the City of Fresno
General Plan/Noise Element.
The north portion of the subdivision will also abut West Herndon Avenue, which is a
designated expressway street. The vehicular traffic which will ultimately utilize this street will
generate a significant amount of traffic noise which may adversely impact the residents of the
single family homes adjacent to the expressway.
This traffic noise problem can be alleviated, however, by the EA-Expressway Area Overlay
Zone District standards. The EA standards requires the design of the subdivision to include a
200 foot landscaped transition from the right-of-way of West Herndon Avenue or the
installation of noise barriers. The acoustical analysis by Brown-Buntin Associates for
Tentative Tract No. 4852 dated July 15, 1998, indicate that the 60 dB Ldn contour encroaches
into the subdivision.
Alternatively, this noise problem can be alleviated by the implementation of the mitigation
measures identified in the acoustical analysis for Tract No. 4852. The analysis, which
addresses both the existing noise and the future 2020 noise attributed to the expressway,
indicates that the existing noise can be mitigated by the construction of a solid masonry wall
along the side of the affected lots and along the Herndon Avenue frontage road. Existing noise
levels can be reduced to 60 dB Ldn or below by the installation of a noise barrier in the form of
a minimum 12-foot high barrier (combination wall/earth berm), along the side of proposed Lots
1 and 74 and a minimum 8-foot wall as required by the EA Expressway Overlay zone district
ordinance and placed in accordance with the acoustical analysis.
Initial Study EA T-4852, C-98-79
Page 4
July 30, 1998
Therefore, approval of the tentative and final maps of Tentative Tract No. 4582 shall be
conditioned such that no occupancy permit shall be issued for the affected dwelling units in the
tract unless the noise barriers are provided as identified by the acoustical analysis and a noise
study submitted to the City of Fresno Development Department which indicates that the
required noise barriers will reduced noise levels within outdoor activity areas and indoor areas
to a level consistent with the standard established by the City of Fresno General Plan/Noise
Element.
A portion of the subdivision will abut North Milburn Avenue, a designated "arterial" street
and West Palo Alto Avenue, a designated "collector" street. The vehicular traffic which will
ultimately utilize these streets will generate a significant amount of traffic noise and may
result in potentially dangerous traffic access situations for the single family homes adjacent to
the street.
The traffic noise and access problem at this street will be mitigated, however, by the
recommended conditions of approval for the subdivision. The lots which will back-onto or
side-onto these streets will incorporate a 6-foot solid wall or fence behind a 10- or 15-foot
landscape strip into their design. The wall and landscape strip will not only prohibit direct
access from these lots to this street but will also provide some noise relief to the inhabitants
of the lots nearest this street. The landscape strip will also help to make the street more
aesthetically pleasing in appearance. In addition, a 20 to 25-foot rear-yard or 20-foot side-
yard building setback will be imposed on the lots which back-onto or side-onto these major
street.
The entire subdivision is located within the primary review area of the Sierra Sky Park Land
Use Policy Plan. The acoustical analysis by Brown-Buntin and Associates dated July 15,
1998, finds that mitigation measures are not required for aircraft noise from the Sierra Sky Park
Airport since future aircraft noise levels are predicted to be less than 60 dB CNEL within the
project site.
10.2--Cumulative Increase in Vehicle Traffic Necessitating Traffic
Study
The California Department of Transportation (CALTRANS), in response to City staff s request
for comments on this project believe a study should be completed as part of the project
approval process in order to assess the project's impact on State-Route 99, its
Grantland/Herndon interchange to determine the project's pro rata responsibility for area-wide
circulation improvements.
Initial Study EA T-4852, C-98-79
Page 5
July 30, 1998
It is the City's position that these area-wide circulation issues were addressed in the adopted
Environmental Impact Report for the Bullard Community Plan Update (EIR No. 10096). The
EIR addressed the effect of development in the Bullard Plan Area on the Grantland/Herndon
Avenue interchange to State Route 99. Additionally, since the subject site is currently planned
for urban development on the Bullard Community Plan, the EIR allowed for the proposed
residential development of the subject site and addressed the future traffic to be generated by
the residential development of the subject site, and its effects on the surrounding circulation
system.
10.3--Potential Traffic Hazard to Motorists, Bicyclists or Pedestrians
The subject site is within the Fresno Unified School District. Vehicular traffic originating from
and traveling through this proposed subdivision may be a potential hazard to those children
residing in the subdivision and in the surrounding area who may be expected to walk to and
from the future school north of this site or to and from bus pick-up points within the
subdivision.
The inclusion of pedestrian sidewalks into the design of the proposed subdivision should help
to mitigate this potential hazard. Sidewalk installation will be required, as appropriate, as a
condition of approval of the tentative map.
The City Traffic Engineer indicates that the proposed West Magill Avenue connection to North
Milburn Avenue may conflict with the exiting north bound Herndon left turn pocket and any
future opening in the median island in North Milburn Avenue and any future right and left turn
pockets in North Milburn Avenue. In order to mitigate any potential traffic conflicts the West
Magill Avenue connection shall be relocated south to a point to be determined by the City
Traffic Engineer which will coincide with the future commercial development to the west.
This local street connection to the North Milburn Avenue arterial may also require
signalization which the developer would be required to share the cost of construction.
11.4--Schools Overcrowding
The project site is located within the enrollment area of the Fresno Unified School District.
The Fresno City Council has adopted findings that conditions of overcrowding will exist upon
development of numerous residential projects proposed and pending within the District
boundaries.
The District has addressed the problem of overcrowding through the assessment of
development fees to construct school facilities. The development fee assesses fees on all
Initial Study EA T-4852, C-98-79
Page 6
July 30, 1998
residential, commercial and industrial developments. Any long-term solution to the
overcrowding problem must occur as a result of district-wide and community-wide action.
Although this project may contribute to an increase in school overcrowding, the collection of
development fees should help to insure that the overcrowding problem is mitigated for this
particular tract.
11.6--Availability of Sewer Lines of Adequate Capacity
The City of Fresno's Wastewater Treatment Plant, with an estimated hydraulic treatment
capacity of 60 million gallons of effluent per day (MGD) average dry weather flow, is
currently treating between 53 and 55 MGD on a yearly basis with some daily total flows of 60
MGD. The treatment plant is approaching its overall design capacity. This project, as
proposed, will cumulatively contribute to the short-term reduction of capacity at the plant. In
order to address this situation and to reduce the chance of eventual curtailments in the City's
development process, the City has initiated proceedings to expand the plant's capacity by 20
MGD. The City has hired design consultants and is currently conducting an Environmental
Impact Report on the proposed expansion. The City will be establishing an area wide major
public facilities fee and has continued to work with monitoring agencies to insure the
timeliness of planned improvements. However, it must be noted that capacity for new
development will be reserved only on a first-come, first-serve basis and not all approved
development is guaranteed sewer capacity pending the successful completion of the plant's
expansion. It is estimated that there is sufficient capacity remaining to accommodate
development until the anticipated completion of the phased expansion.
12.4--Aircraft Hazards
The entire site of Vesting Tentative Tract No. 4852 is located within the Sierra Sky Park's
"Horizontal Zone" as defined by the City's adopted Sierra Sky Park Land Use Policy Plan.
Property in the "Horizontal Zone" of the airport is subject to aircraft flyover which may lead to
a safety and noise hazard to both aircraft and residents of the proposed development.
The proposed development type and density, however, is consistent with the policies of the
Sierra Sky Park Land Use Policy Plan relating to residential development in the "Horizontal
Zone" and, therefore, will not be subject to special aircraft noise mitigation measures.
In order to mitigate any potential safety hazards due to aircraft flyover, the Federal Aviation
Regulations will require the dedication of an avigation easement over the site. The easement
surfaces acquired shall be based on Part 77 of the Federal Aviation Regulations.
Initial Study EA T-4852, C-98-79
Page 7
July 30, 1998
FINDING FOR MITIGATED NEGATIVE DECLARATION
Based upon the information received from various public agencies and based upon the
information available in the public record, there is no substantial evidence to indicate that the
proposed project may have a significant effect on'the environment and a negative declaration is
appropriate. However, there are certain specified conditions to the issuance of this Negative
Declaration, therefore, this environmental finding shall be considered a Mitigated Negative
Declaration. The mitigation measures which are the conditions to the issuance of the Negative
Declaration shall be monitored in accordance with the attached monitoring checklist for
Environmental Assessment No. T-4852, C-98-79.
Initial Study EA T-4852, C-98-79
Page 8
July 30, 1998
CITY OF FRESNO
MONITORING CHECKLIST FOR
ENVIRONMENTAL ASSESSMENT (EA) NO. T-4852
This monitoring checklist for-the above noted environmental assessment is being
prepared in accordance with the requirements of the California Environmental Quality
Act (CEQA) and is intended to establish a reporting/monitoring program for Vesting
Tentative Tract No. 4852/UGM 616 and Conditional Use Permit No. 98-79, as required
under Assembly Bill 3180.
Implementation of mitigation measures as noted below will be required upon the request for entitlements for
the subject property in Environmental Assessment (EA) No. T-4852, C-98-79.
7.2--Noise Exposure.
MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY
7.2
Approval of the proposed Development Prior to occupancy of Development
project shall be Department, Land any dwelling unit Department,
conditioned upon Division and within the project Building Section
compliance with the Engineering Section
acoustical analysis for
Tract No. 4852 prepared
by Brown-Buntin
Associates, Inc. dated
July 15, 1998 and
providing 20- 25- or 30-
foot building setbacks and
a solid wall or fence at the
side or rear of all lots
which side or back-onto
the Major Streets.