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HomeMy WebLinkAboutT-5007 - Conditions of Approval - 7/2/2008 city of ■lE-z:s +v Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 498-1591 FAX (559) 488-1020 May 1, 2002 Please reply t0: Robert Lewis (559) 498-4462 Eric Froberg Utility Design Section Public Works Department Dear Mr. Froberg: SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO. 5007 APPROVED BY THE FRESNO CITY PLANNING COMMISSION ON NOVEMBER 7, 2001 - RESOLUTION NO. 11594 A Revised Vesting Tentative Map of Tract No. 5007 has been submitted by Edward D. Dunkel and Associates, 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 November 7, 2001, provided for a 449-lot single- family residential subdivision with 178 planned development lots. The revisions propose to reduce the number of residential lots from 449 to 447 and add Outlot A for a City well site. The revision also proposes to locate the local street connection between North Winery and North Paula Avenues to approximately 200 feet to the south and to locate the local street connection between Avenue E and Avenue F 520 feet to the west. The revised tentative map also proposes to locate 41 of the planned development lots to the south end of the subdivision and increase the number of planned development lots from 178 to 182. The revision does not propose changes to the street pattern except as noted from that as shown on the previously approved revised tentative map. This redesign is consistent with the agreed redesign between the developer and the existing neighborhood to the west. The project would remain consistent with the density plan designation shown for the site on the Woodward Park Community Plan. Y icy Eric Froberg Page 2 May 1, 2002 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. 5007, dated December 28, 2001, has been 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 (November 7, 2001) is not affected by this approval of the revised map. If you have any questions regarding this matter, please contact this office. Sincerely, PLANNING DIVISION Robert Lewis Supervising Planner RL:wp51 JRTTN Enclosure: Revised Vesting Tentative Tract Map No. 5007 dated December 28, 2001 City of elm DEVELOPMENT DEPARTMENT DATE: February 1, 2002 TO: NICK P. YOVINO, Director Development Department THROUGH RAYBURN BEA anning Manger Current Planning Section FROM: ROBERT LEWIS, Supervising Planner Current Planning Section SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO. 5007/UGM APPROVED BY THE PLANNING COMMISSION ON NOVEMBER 7, 2001 Project Description: 449-lot single-family residential subdivision with 178 planned development lots. Applicant: Westcal, Inc. Zoning: R-1/UGM Site Location:West side of North Willow Avenue between East Behymer and East Perrin Avenues Parcel Size: 90.62 acres Environmental Assessment: Negative Declaration issued on May 3, 2001 and October 10, 2001 STAFF ANALYSIS The tentative map, originally considered and approved by the Fresno City Planning Commission on November 7, 2001, provided for a 449-lot single-family residential subdivision with 178 planned development lots. Staff has received a request for minor revisions to Vesting Tentative Tract No. 5007/UGM submitted on December 28, 2001. The revisions propose to reduce the number of residential lots from 449 to 447 and add Outlot A for a City well site. The revision also proposes to locate the local street connection between North Winery and North Paula Avenues to approximately 200 feet to the south and to locate the local street connection between Avenue E and Avenue F 520 feet to the west. The revised tentative map also proposes to locate 41 of the planned development lots to the south end of the subdivision and increase the number of planned development lots from 178 to 182. The revision does not propose changes to the street pattern except as noted from that as NICK P. YOVINO Revised Vesting Tentative Map of Tract No. 5007 Page 2 February 1, 2002 shown on the previously approved revised tentative map. This redesign is consistent with the agreed redesign between the developer and the existing neighborhood to the west. The project would remain consistent with the density plan designation shown for the site on the Woodward Park 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. 5007, dated December 28, 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 (November 7, 2001) is not affected by this approval of the revised map. CONDITIONS OF APPROVAL 1. Revised Vesting Tentative Map of Tract No. 5007, dated December 28, 2001, is approved to compliance with the Revised Development Department Conditions of Approval dated November 7, 2001. 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. 5007, dated December 28, 2001, subject to the above conditions of approval. DIRECTOR APPROVAL The Director hereby approves the Revised Map of Vesting Tentative Tract No. 5007, dated December 28, 2001, subject to the above conditions of approval. LV ck . Yovino, Director Del pment Department rcl\J:\rclfiles\documents\RTMM5007 City of AGENDA ITEM NO. v-B-2 COMMISSION MEETING 3/20/02 REPORT TO THE PLANNING COMMISSION APPROVED BY DEPARTMENT DIRECTOR March 20, 2002 FROM: STAF 'lanning Division Development Department SUBJECT: PLANNING COMMISSION NOTIFICATION OF STAFF APPROVAL OF REVISIONS TO VESTING TENTATIVE MAP OF TRACT NO. 5007, APPROVED BY THE FRESNO CITY PLANNING COMMISSION ON NOVEMBER 7, 2001, BY RESOLUTION NO. 11594. In compliance with the Fresno Municipal Code, Staff is required to notify the Commission of any revision to Tentative Tract No. 5007. This report represents that notification. The Revised Vesting Tentative Map for Tract No. 4852 was submitted by Edward D. Dunkel and Associates, 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 November 7, 2001, provided for a 449-lot single- family residential subdivision with 178 planned development lots. Staff has received a request for minor revisions to Vesting Tentative Tract No. 5007/UGM submitted on December 28, 2001. The revisions propose to reduce the number of residential lots from 449 to 447 and add Outlot A for a City well site. The revision also proposes to locate the local street connection between North Winery and North Paula Avenues to approximately 200 feet to the south and to locate the local street connection between Avenue E and Avenue F 520 feet to the west. The revised tentative map also proposes to locate 41 of the planned development lots to the south end of the subdivision and increase the number of planned development lots from 178 to 182. The revision does not propose changes to the street pattern except as noted from that as shown on the previously approved revised tentative map. This redesign is consistent with the agreed redesign between the developer and the existing neighborhood to the west. The project would remain consistent with the density plan designation shown for the site on the Woodward Park 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. 5007, dated December 28, 2001, has been 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 (November 7, 2001) is not affected by this approval of the revised map. rcIUC:\comrnon\perpt\RTW 5007-RPC Attachments: Vicinity Map/Revised Subdivision Map dated December 28, 2001 DR. n n n M • A DR. n n 7 r Z b C-P/ N M v UGM/cz a ! E ! — E E i - v 44 44 N .t .3 •. M m •o `. I u d - n 1 to a I] Z ,I Ix sl n E E � � u f �•. z O g GRAN \ to I m la \ u ' E.GRAN` AVE IT14 ��ry( •a Q Z .• `, { ��U N % 37 H H b .I ._ .l 13 I •T E WATERFORD AVE. I t m -a NS r.i W H ao SOLAR . n] 't � Is•r/-�Q I I« lay I aQ I I�� RI, •q� � �1 - - JJJ N UUU"'Ilr i» � m Ir rn I• iiSE ECLIPSE AVE. P< E ECLIPSE - sa E PERRIN AVE C E.DEYOUNG DR '\�l ,o Z\ I AE-20A)GM - �Zf VICINITY MAP N DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT NO. 5007/UGMw g APN: 568-020-69 CONDITIONAL USE PERMIT NO. C-01-195 ZONE MAP- 1453 S Not to Scale BY/DATE: rcl/10/24/01 aie weg7.M.1� m,•RV wi _cywr m 1ev rTo-,Y(ov9i ,,p • fas6aatng Par[A fm.Eaa,fug I?°t7 s3rv3n.x tSYAk9 OW Mo,SN b ylS'�TGAr OeriiL k• gg saivL,assv axv InNnQ•Q axuag anoav I NoieieIaHIIB int 7VO SSPA a a ns $ S 8 ,oe a»..aua .x--_.;-.� Ir..,n; ,...�y zanx...-�.a,law."Ji. :'n:J.•:.../...:.. a�t.�9a- .q„.:'x,`'F2.3 Yi'".e".L-rJi..,�.1�•.. < .. ...b-' ter. .,...s..,.ts n. ." 'U,:. r ;Eli & ..!•. F z •;E .. s 9 i — i1fCAtl MOT71M FLL1,CN 71 R A its eWf >!d •9a �A.. elx ..I I� ' � � v ..,. .. 1 5 fi a '�'•�� n• , E L 5 !A d Ilii a�! A� m V Jc� .s .. ..v E x P " t, va S� 4 f0 4 4 1e, p y Q o, x 8 0 0 9 ygv W :G1 C 'Yc E. 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A I� �• I Y` � R p'- A A s A a ' A " •R 'i i}r $ x .5 A� a. L :: 3e �. a .� R ,.._ �R _. � .e. ;.•. § $ a � r�' .. :: � ..}�}'' 3E ^. - - '�I .:.8 A � :.. ,}• .. .- .�3u s xoor”- - � � _ [ '-� 3.,."0"ual- .jrl. _---.�-- I d I it t III I r , q ,l p_ . ]fllil.V,l(N1531'JI,1�4+_?lON f� R .' g• e j .. pit I Dec-03-01 O9:49A tony ,-rusciardl 5594359475 P .O� IE)TCA L m r n G v n a ♦ r c n November 26,2001 Tony Fusciardi 2579 E. Granada Ave. Fresno,C..A 93720 Dcar Mi. Fu,LiUl-ji: As per our recent conversation and our meeting November 15,2041, our Iinii agrees to the following conditions provided the ontiro iharfel-'ti i.s in support, of our Project (Tract 5007) and the appeal is withdrawn: 1.) We will re-locate;our planned unitt development, as shown on the neap in our November 15, 2001 meeting. 2.) We will have a minimum 20 lint setback from the hack property line for all homes in the Granada/ venue: cul-do--mc that border yc,ur ncit hborhoocl. 3.) We will place signage notifying our contractors not to use Granada Avenue while the development is under construction. 4.) We will move the two (2) strccts as discu:;sed in our inccting, f`urthcr west and further south (if allowed by the City of'Fresno), 5.) if our grade exceeds the grade of your neighborhood, as set when the Moines were tinaled by the City of Fresno,we will construct a new fence. We don't anticipate any problems but all of the above is subject to th.e City of Presno approvai. We hope thi.lta..s aelalCa)Cei all Uf yuur cuncerns. Thank Y u., Johi A, Bonadelle .IAB/Igd r1' 'i; :), Riverview Neighborhood Charter 2579 E. Granada Ave. Fresno, CA 93720 559-298-8742 November 14, 2001 Mr. Nick Yovino Development Director NOV 1 4 2001 City of Fresno ,^1 ^TRAT 0 114 17,TMENT C10 '� Dear Mr. Yovino, We the members of the Riverview Neighborhood Charter would like to appeal to the City Council, the Planning Commission's approval of the Tract No. 5007/UGM. The Planning Commission approved this Tract at the meeting on November 7, 2001. We have concerns about our safety and that of our children, in respect to the increase of traffic on E. Granada Ave. if the proposed development continues as planned. With some minor modification to the current plan I believe we can address our main concerns and alleviate the stress on E. Granada Ave. I met with Bob Madewell who would support the changes we have proposed. He is also in concurrence that these changes would be better for the residents of E. Granada Ave. and those in the new development. I will make every effort to meet with the builder John Bonnadelle Jr. to address these issues. If we are able to come to an agreement we will withdraw our appeal. Thank you for your assistance in this matter. Sincerely, Tony Fusciardi President Riverview Neighborhood Charter c: Councilmember Jerry Duncan — District 6 city 01 AGENDA ITEM NO. VIII—G REPORT TO THE PLANNING COMNUSSION COMMISSION MEETING 11/�/01 APPROVED BY November 7, 2001 DEPARTAMVTDIRECTOR FROM: STAA, lanning Division Development Department SUBJECT: VESTING TENTATIVE TRACT(TT)NO. 5007 CONDITIONAL USE PERMIT NO. C-01-195 PROJECT DESCRIPTION PROJECT: A 449-lot single-family residential subdivision with 178 planned development lots on 90.62 net acres of real property to be developed at an overall density of 4.95 units per acre. APPLICANT: Westcal, Inc. (Engineer: Edward D. Dunkel and Associates) LOCATION: West side of North Willow Avenue between East Behymer and East Perrin Avenues SITE SIZE: 90.62 acres EXISTING PLAN AND Woodward Park Community Plan LAND USE DESIGNATION: Medium-Low Density Residential EXISTING ZONING: R-1 (Single-Family Residential) PROPOSED ZONING: R-1(Single-Family Residential) ENVIRONMENTAL FINDINGS Staff analysis of the project resulted in the filing of a Mitigated Negative Declaration for Environmental Assessment No. A-01-01, R-01-02, TT-5007 and Environmental Assessment No. C-01-195. BACKGROUND AND ANALYSIS The Woodward Park Community Plan, a refinement of the 1984 Fresno General Plan, designates the subdivision site for medium-low density residential (2.17 to 4.98 units per acre) land uses. The plan designates the property to the south for medium-low density residential land uses. The property to the north is designated urban reserve and the property to the west is designated for medium-low density residential and public/quasi-public facilities-elementary school land uses. The property to the east is outside the city's land use plan area and under the jurisdiction of the County of Fresno. The proposed single-family residential subdivision, to be developed at a density of 4.95 units per acre under the R-1 zone district is considered to be consistent with the medium-low density residential land use designation of the Woodward Park Community Plan. REPORT TO THE PLANNING COMMISSION TT-5007, C-01-195 Page 2 November 7, 2001 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North: Agriculture/Urban Reserve AL-20 (County) Rural Residential & Agriculture Public/Quasi Public Facilities AE-20/UGM Surface Water Treatment Plant South: Medium-Low Density Residential R-1/UGM (Pending) Proposed Single-Family Residential East: Agriculture/(County) AE-20 (County) Agriculture Limited Industrial/(County) AE-20 (County) Derrel's Mini Storage West: Medium-Low Density Residential R-1/UGM Single-Family Residences Public/Quasi Public Facilities AL-20 (County) Proposed Elementary School Site VESTING TENTATIVE TRACT NO. 5007 The tentative tract map proposes a single-family residential subdivision consisting of 449 lots on approxi- mately 90.62 acres of land located on the west side of North Willow Avenue between East Behymer and East Perrin Avenues. The project proposes to develop 178 lots of the 449 lots as planned development proj ect. One hundred and seventy-eight of the lots will be developed as a non-clustered public street planned development projects. The remaining 271 lots will be developed as a standard R-1 public street subdivision. The project's overall density is 4.95 units per acre, however, the density of the planned development project will be 6.5 units per acre. The proposed lot sizes of the planned development portion of the subdivision map will range in width from 50 feet to 56 feet and from 5,000 square feet to 5,600 square feet per lot with most of the lots being at least 5,400 square feet in area. The lots in the standard R-1 portion of the subdivision map will range from 6,510 square feet to 12,000 square feet per lot with most of the lots being at least 6,500 square feet in area. The subdivision design proposes public street access to all of the lots in the subdivision. The interior streets will connect to North Chestnut Avenue at one point, to East Behymer Avenue at two points, to North Willow Avenue at one point, and to East Perrin Avenue at one point. All of the lots in the nonplanned development portion of the subdivision will meet the minimum standards for lot size and area of the R-1 zone district. Vesting Tentative Tract No. 5007/UGM is located within the City's Urban Growth Management (UGM) area and approval of the project will be in conformance with the City's UGM Policy. REPORT TO THE PLANNING COMMISSION TT-5007, C-01-195 Page 3 November 7, 2001 The subdivision map, based on the required -findings for approval, and subject to the recommended conditions of approval and Woodward Park Community Plan, complies with applicable standards of the Zoning, Subdivision and Urban Growth Management Ordinances. Accordingly, staff recommends approval. Required Sidewalks Vesting Tentative Tract No. 5007 is proposed to be developed with interior local streets having a right- of-way width of 50 and 54 feet as permitted under Alternate Public Works Standards. Installation of sidewalks will be required on both sides,of the public streets throughout this tentative map. The Northeast Plan and Implementation Committee has reviewed the proposed tentative map and conditional use permit and is recommending approval of the project. Action by the Planning Commission on the tract map, unless appealed to the City Council, is final. CONDITIONAL USE PERMIT NO. C-01-195 This Conditional Use Permit (CUP) application will provide for the development of the 178-unit single-family residential planned development portion of the subdivision. The CUP proposes the modification of certain property development standards of the proposed R-1 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-1 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 83 to 99 feet and will range in width from 58 to 63 feet with the most typical lot being 63 feet wide and 85 feet deep and having a lot area of 5355 square feet. The planned development will include three different unit types. The single-story floor plans consist of 1110, 1485, and 1620 square feet, all having 3 bedrooms and 2 baths, and two car garages. Exterior construction will consist of stucco siding, tile roofs,wood trim, and aluminum framed windows. 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 19 feet for all of the models in the project. All units will have 5-foot interior side yards to maintain a minimum 10-foot separation between units. Rear yard areas, for the most part, will range from 20 to 23 feet with most being 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. REPORT TO THE PLANNING COMMISSION TT-5007, C-01-195 Page 4 November 7, 2001 CONDITIONAL USE PERMIT FINDINGS Based upon analysis of the conditional use permit application and subject to the conditions of approval noted below, staff concludes that the required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls, and fences, parking, loading, landscaping, and other required features provided the development is constructed in compliance with the recommended Special Permit Conditions of Approval. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use because the four major streets are designed to accommodate the residential traffic. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located if the requirements of the Fresno Municipal Code are applied to the project. 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). Staff, therefore, recommends that the Planning Commission approve the conditional use permit. Planning Commission action on the conditional use permit is final. TRACT MAP FINDINGS 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 future 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 Woodward Park Community Plan designates the site for medium-low density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. REPORT TO THE PLANNING COMMISSION TT-5007, C-01-195 Page 5 November 7, 2001 2. This site is physically suitable for the proposed type and density of development because conditions of approval will ensure adequate access and drainage on- and off-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 ensure that the subdivision conforms with City health and safety standards. 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. 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. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5007, Exhibit A dated September 19, 2001, and Conditional Use Permit No. C-01-195, Exhibit A, dated November 7, 2001. 2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract No. 5007 dated November 7, 2001, and Conditions of Approval for Conditional Use Permit No. C-01-195, dated November 7, 2001. REPORT TO THE PLANNING COMMISSION TT-5007, C-01-195 Page 6 November 7, 2001 RECOMMENDATION Based upon the information and required findings in the staff report, staff recommends that the Planning Commission take the following action: 1. APPROVE the Mitigated Negative Declaration for Environmental Assessment No. C-01-195. 2. APPROVE Vesting Tentative Tract Map No. 5007 subject to compliance with the Conditions of Approval dated November 7, 2001. 3. APPROVE Conditional Use Permit No. C-01-195 subject to compliance with Exhibits A and B, dated November 7, 2001, and the Special Permit Conditions of Approval dated November 7, 2001. rc1/K:/perpts/TT-5007-C-01-195.PCR Attachments: Exhibits "A" Vicinity/Subdivision Map/CUP Site Plan/Elevation Conditions of Approval for TT No. 5007 Conditions of Approval for CUP-C-01-195 Negative Declaration of Environmental Assessment No. C-01-195 Parks Division Memorandum dated October 5, 2001 FMFCD Memorandum dated September 28, 2001 Fresno Fire Department Memorandum dated September 20 , 2001 Fresno Irrigation District letter dated September 28, 2001 p ? A 3 3 eek B tlgy ��� 74� C•y$ — an is I i NORTH uesftur AVENZ C 4qY iii p Q x °ig a a s d 8 Z V�ZZZ — N "y 0 W .x p p Y A : : : c FA yA O I II I I• -=a I :___ j �5yy pg �T�Qppp6 a! .4 FpeqI I w—�K V�,=•:Il ���� Him Ill 4� m i.._g_.ia I •._._: I�x• a-j y u 6 A� (-- a �F �Y d Ig 9d — _-w_,x '- 1 Y � 1=j--I_ y pH I I _ Y 7; I ro m a tl tl ! tl y 6 r = d 4 B 9 ! A 4 A A a;;�4 _U;I'gr :n!�BI'Fgl•�Bli�g!FaiP,g/`q M y b `. g N 6E A Y I 6 • I I g„' K'ffi iY I i_ JL °i y Kr 6 jx .ar.i y xi p K Y ! I 4 a ' f—� L_. _, Ki_,._i I a• q-' n�--a a — EX' I I Y I al t I• G w�Y-- � i K..x x I L ----- i_ _:v rig ::. lY : I ' K;f� ; D �� 8KI -- r"--- 9 �_, '1211 1 11 J w �Lx e I -_ _ II xxn IaRw1 fifi MOR7N vYLLOM AVEMM 99 ` a s ara,ae.tl rae;! EDWARD D.DuNx eND AssoclaTas vK97�,�,NC. C.II.P SITE r mx w u w.r.t sm d incr w.sa rR3tl.cxroaan 4Jnl C 1 Engin ring k U d Sarre,.g ''1}ODOO leen ' .. r:; �s:cn r,. ,.',�z� =a3 w ,,.. - - _ _ _. _, ... ,. �.�i:-c,r.:.•a*.rzr„s u.�a.s __.s.�. _a.5.?�"�".'"„ 1 city 01 REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING July 31, 2001 APPROVED BP FROM: NICK P. YOVINO, Director DFPARTAMVTDMECTZTR Planning and Develop ent De m nt BY: GILBERT J. HAR4 , nni�_Cd' ger c Al"ACER Planning and Development Department SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-01-01 AND REZONING APPLICATION NO. R-01-02 AND MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. A-01-01, R-01-02, TT-5007 PROJECT DESCRIPTION PROJECT: Amend the planned use of the 1984 Fresno General Plan and 1989 Woodward Park Community Plan from agriculture/urban reserve to medium-low density residential; reclassify Willow Avenue from an expressway to a superarterial between Behymer and Perrin Avenues; and rezone from AL-20 (County)to R-1/UGM APPLICANT: Westcal, Inc. LOCATION: The west side of North Willow Avenue between East Behymer, East Perrin, and North Chestnut Avenues (Council District 6, Councilmember Duncan) SITE SIZE: 90.62 acres (net) EXISTING PLAN AND Woodward Park Community Plan LAND USE DESIGNATION: Agriculture/Urban Reserve; Willow Avenue designated as an expressway between Behymer and Perrin Avenues EXISTING ZONING: AL-20 (County) PROPOSED PLAN DESIGNATION: Medium-Low Density Residential (4.98 units/acre) Reclassify Willow Avenue to a superarterial between Behymer and Perrin Avenues EXISTING USE: Agriculture PROPOSED ZONING: R-l/UGM REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 2 July 31, 2001 BORDERING PROPERTY INFORMATION: Planned Land Use Existing Zoning Existing Uses North: Agriculture/Urban Reserve AL-20 (County) Rural Residential & Agriculture Public/Quasi Public Facilities AE-20/UGM Surface Water Treatment Plant South: Medium-Low Density Residential R-1/UGM Single-Family Residential East: Agriculture/(County) AE-20 (County) Agriculture Limited Industrial/(County) AE-20/(County) Derrel's Mini Storage West: Medium-Low Density Residential R-1/UGM Single-Family Residences Public/Quasi Public Facilities AL-20/(County) Proposed Elementary School ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with -the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Woodward Park Community Plan area. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. Essential environmental review documents considered by the initial study for Plan Amendment Application No. A-01-01, Rezoning Application No. R-01-02, and Tentative Tract Map No. 5007 were prepared for previous general and community plan update or policy amendment proposals affecting the Woodward Park Community Plan and its urban reserve area. These documents include Final EIR No. 10085 (Fresno General Plan), Final EIR No. 10100 (Woodward Park Community Plan update), Final EIR No. 10117 (Woodward Park Community Plan urban reserve amendments), and Environmental Assessment Mitigated Negative Declaration No. A-95-11, A-95-06, A-95-08, A-94-13 (urban reserve REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 3 July 31, 2001 policy and land use amendments). The applicable mitigation measures of these certified or adopted environmental review documents, pursuant to,Section 15150 of the CEQA Guidelines, have been incorporated by reference into the Mitigated Negative Declaration prepared for the subject project. The environmental assessment initial study prepared for the subject project identified several potentially significant environmental effects which would be mitigated by adopted policies and development standards or specific project conditions of approval. These environmental effects included 13 categories of moderate environmental effect that are noted by the number"Von the environmental checklist. This rating indicates that the project may have an adverse envizonmental effect in this category sufficient to be of specific concern but not substantial enough in itself to require the preparation of an environmental impact report. In comparison a rating of"3" means that a particular category either in itself, or together with other categories, contributed toward a finding that a potentially significant adverse environmental effect of the project requires preparation of an environmental impact report. The importance of a rating of"2" is that it identifies a category of moderate concern in itself or incrementally together with other projects. Several environmental categories generally warrant a ranking of"2" for all major projects including substantial indirect source of air pollution, reduction of acreage in agricultural crop; premature or unnecessary conversion of prime agricultural land; cumulative increase in traffic on a major street for which capacity deficiencies are projected; and, overcrowding of school facilities. These categories are recognized as issues of continuing concern beyond the immediate jurisdiction of the City of Fresno. It may be asserted that all projects, no matter how slightly, that contribute to an adverse condition within these categories should be acknowledged. However, it is important to note that this rating does not reach the.threshold of a potentially significant adverse environmental impact and can often be substantially or entirely mitigated by project conditions. A rating of"1" for an environmental category is indicative of no adverse effect, or is not of a substantially unusual or undesirable magnitude, or is not applicable to the subject project. Based upon the attached environmental assessment and the exhaustive list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-01-01, R-01-02, TT-5007 was published and the 20-day appeal and review period expired without receiving an appeal. DEVELOPMENT PROJECT EMPROVEMENT REQUIREMENTS MATRIX A Development Project Improvement Requirements Matrix has been prepared to illustrate the relationship between necessary public facilities, project requirements to provide public improvements, and the REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 4 July 31, 2001 corresponding potential environmental effect category (as noted in the environmental checklist)that may be associated with these facilities. When determining the potential environmental effects of an urban development project and its compatibility with the surrounding community, a.substantial consideration is given to the applicability and effectiveness of established development codes, policies, regulations, standards, and requirements. Development projects located within the Woodward Park Community Plan, and particularly within the urban reserve area, must comply with an exhaustive array of requirements. When considering urban reserve projects, the requirements of the Urban Growth Management Program and the numerous adopted environmental mitigation measures are particularly important. Required project mitigation measures have been listed in tabular form by the mitigation monitoring checklist attached to the negative declaration. The requirements matrix also documents in a tabular form the conditions of project approval that specifically address the provision of public improvements and facilities necessary to adequately serve urban development. Also attached is a list of the estimated development fees including urban growth management fees and the estimated water and sewer connection fees that will apply to the proposed project. These fees are listed on the attachment entitled Preliminary Development Fee Estimates—Tentative Tract No. 5007 dated April 27, 2001. RECOMMENDATION OF THE FRESNO COUNTY BOARD OF SUPERVISORS This project is required to be presented to the Fresno County Board of Supervisors for it's consideration with the provisions of Section 4.1 of"Article IV-Development" of the Memorandum of Understanding (MOU) dated February 26, 1991. The Board considered this matter on June 26, 2001, and voted to recommend approval of the project by a vote of 5 to 0. NORTHEAST PLAN AND EWLEMENTATION COMMITTEE This project was presented to the Northeast Plan and Implementation Committee on February 26, 2001, and the committee unanimously recommended approval of the project. PLANNING COMMISSION ACTION On June 20, 2001, the Planing Commission considered the proposed project. After a full and complete hearing, the Commission voted 5 to 0 to recommend approval of the project to the City Council. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 5 July 31, 2001 BACKGROUND Plan Amendment Application No. A-01-01 and Rezoning Application No. R-0 1-02 propose to amend the 1984 Fresno General Plan and the 1989 Woodward Park Community Plan from agriculture/urban reserve to medium-low density residential (4.98 units/acre) land use with a related rezoning request from AL-20 (County) to R-1/UGM(City of Fresno) regarding 90.62 acres (net) of property located on the west side of North Willow Avenue between the East Behymer and East Perrin Avenue alignments. The subject site will have access to four major streets: Willow Avenue(east), a proposed superarterial; Behymer Avenue (north), an arterial; Chestnut Avenue (west), a collector; and Perrin Avenue (south), a collector. If the subject plan amendment and R-1 rezoning are approved, related Tentative Tract Map No. 5007 has been filed by the applicant, Westcal Inc., to subdivide the 90.62 acres (net) to create approximately 450 single-family residential lots. The proposed subdivision will contain a mixture of large and small lots. A preliminary design of the project depicts the smaller lots located in the center of the subject site to be buffered by the larger lots on the north and south. ANALYSIS Land Use Plans and Policies The Woodward Park Community Plan update adopted in 1989 provided a land use strategy for the distribution and concentration of urban development in a manner that would judiciously utilize constrained public facilities and services, and natural resources predicted to be available to this plan area by relevant technical studies and analyses. The agricultural/urban reserve land use category was designated by the plan on the northern and eastern peripheral 1550 acres as an interim measure until the completion of the anticipated 1994 Fresno General Plan update and additional technical evaluation of sewer disposal, water supply, and traffic capacity limitations. While the General Plan update has not yet been adopted, several plan evaluation, public facility, and environmental studies have been subsequently completed that provide additional information for the analysis and consideration of urban reserve land use decisions. Based upon this information,the City Council approved Plan Amendment Application No. A-95-11 amending the text of the.Woodward Park Community Plan to allow consideration of plan amendments for urban land uses within the agriculture urban reserve area. The Development Department also recommended that consideration of any subsequent amendments to the agriculture/urban reserve area be evaluated with the following criteria: 1. The average density of all residential development shall be five dwelling units per acre or less. The proposed project would provide for a 90.62-acre (net) area to be subdivided into approximately 450 residential lots at a density of no more than 4.98 dwelling units per acre. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 6 July 31, 2001 2. Projects shall be contiguous to existing approved development. The proposed plan amendment and related development entitlements are contiguous to the incorporated boundaries of the City of Fresno and properties being developed with, or planned for, residential uses. 3. Projects must be processed by, and developed in, the City of Fresno. The proposed plan amendment, rezoning, and related entitlements are being processed by the City of Fresno and, if approved, will require annexation and development within the City of Fresno. 4. Projects shall be subject to the water,'sewer, and circulation "findings process" already established in the Woodward Park Community Plan and any mitigation measures deemed necessary. The proposal has been evaluated by the appropriate departments of the City of Fresno which have determined that adequate services and facilities will be available to accommodate the projected demands of the project subject to compliance with applicable development standards, policies, and remediation measures. 5. The City shall consult with the Clovis Unified School District pertaining to potential project impacts of schools and the need to preserve adequate land use for school sites. The district has advised the City of Fresno that the project will be served by existing elementary schools until such time that the new elementary school site at Chestnut and Behymer Avenues is completed in September 2002. In addition to the above-noted urban reserve planning criteria required by council approval of Plan Amendment Application No. A-95-11, the Woodward Park Community Plan contains several policies/ implementation measures that specify the amount and type of residential land uses appropriate for the area. The purpose of these policies is to limit the dispersion of the more intensive uses within the Woodward Park Community Plan area due to the uncertainty of the capacities of public facilities and services. This strategy was particularly important at a time when the plan area first began to experience an extremely fast pace of growth. Medium-low density residential use at a projected average density of 4.5 dwelling units per acre was used as the predominant land use category to allow a sufficient safety margin between the demands for services and the ability of public facilities and natural resources to accommodate these demands. The community plan also anticipated that this strategy would be re-examined with the Fresno General Plan based upon experience with continued development, preparation of additional technical studies, and an evaluation of the effectiveness of the community plan's development mitigation measures. Over the past five years a substantial investment has been made by developing properties to provide the public facilities and infrastructure necessary to support urban development within the City of Fresno's adopted sphere of influence, including the urban reserve portion. The build-out of this area now represents an effective and efficient utilization of land, resources, and public services. Deferral of urban reserve development, in the absence of immediately available and marketable inner city development alternatives, will encourage development to occur in readily available but more remote fringe areas. These REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 7 July 31, 2001 developments will be less well-suited for the efficient use of natural resources and public facilities. This more remote urban sprawl development occurs with increased environmental impacts and reduced effectiveness of mitigation measures with respect to impacts upon metropolitan-wide traffic capacity deficiencies; air quality degradation do to excessive vehicle trip generation and congestion; regional groundwater management and water.quality measures; and, growth-inducing development and premature conversion of agricultural land. Based upon the information contained in Environmental Assessment Application No. A-01-01, R-01-02, T-5007, analyses provided by the additional referenced environmental and public facility studies, and information provided in this staff report, it is concluded that the proposed medium-low density residential planned land use and reclassification of Willow Avenue from an expressway to a superarterial between Behymer and Perrin Avenues is consistent with applicable plan strategies, goals, and policies. Agricultural Land Preservation The soil characteristics of the project site have previously been identified as being of prime farmland quality and a considerable portion is, or has been, actively cultivated. Conversion of the project area from agricultural to rural or urban land uses has been anticipated by various land use plans and policies applicable to this area. The project site is located within the city's sphere of influence and urban boundary and has been projected for various densities of residential use by previously adopted general plans. Urban development of the project site was acknowledged as potentially appropriate by the updated 1984 Fresno General Plan subject to the resolution of public service limitations. The Woodward Park Community Plan update identified the project area as agricultural/urban reserve pending confirmation of availability of services and facilities. Based upon these planning precedents, including the approval of overriding findings in certifying-the Woodward Park Community Plan EIR and the City of Fresno's ability to provide adequate services, it is appropriate to consider urban development of the project area at this time. Water Resources and Public Water Supply The project area is located within the northeastern most portion of the metropolitan area which is generally documented to have groundwater quantity and quality deficiencies. These groundwater conditions can limit the area's ability to accommodate the substantial demands of intensive urban development. Since adoption of the Woodward Park Community Plan update, the Fresno Metropolitan Water Resource Management Plan has been prepared that identifies water system improvements and resource management strategies necessary to provide a reliable public water supply to serve full development of the 1984 Fresno General Plan. In response to projected demands, the City of Fresno has located a large groundwater recharge facility in the northeast portion of the plan area and is pursuing development of a surface water treatment facility with enhanced capacity distribution pipeline. While the availability of treated surface water is not intended to accommodate urban reserve development, it may offset the consumption of additional groundwater within this plan area. The limited demand of the REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 8 July 31, 2001 4.98 dwelling unit per acre density proposed by this project can be satisfied by the water transmission grid main improvements to be required as conditions of development in accordance with adopted policies and standards. Based on the Department of Public Utilities' projections, it has been concluded that the project's average and peak water demands will be adequately met for domestic consumption and fire suppression purposes. Sewage Collection System Capacity Limited capacities of the Herndon and Cornelia sanitary sewer trunk pipelines have been a major constraint in the planning of urban development within the Woodward Park Community Plan area and the urban reserve portion. However, several actions have been taken to resolve these capacity constraints. The Grantland Sewer Trunk, which will relieve the Cornelia Sewer Trunk, has been designed, funding secured, and construction completed. Credible remediation measures to relieve the Herndon Sewer Trunk capacity constraints have also been identified with the consideration of previous urban reserve plan amendments evaluated by EIR No. 10117 and Environmental Assessment No. A-95-11. The proposed project will be required to pay its proportionate share of sewer collection and treatment system capacity costs. Circulation Element Plan Policies and Major Street System Traffic Capacity Devising a strategy to address projected traffic congestion was one of the most prominent planning issues to be addressed by the Woodward Park Community Plan update. Computerized traffic model projections indicated future conditions of substantial congestion on particular street segments including Friant Road, Herndon Avenue, and Willow Avenue, as well as several connecting major streets. The plan process identified the primary factors as being the limited traffic carrying capacity of the city's disrupted major street grid system together with several land use and development circumstances. Continuation of the metropolitan area's typical and highly functional north-south and east-west grid major street system was limited by the channel of the San Joaquin River and the Pinedale community to the west, and the under- developed or discontinuous streets to the south such as Millbrook, Maple, and Chestnut Avenues. Traffic capacity limitations were compounded by a series of previous land use plan decisions that focused intensive regionally significant office and commercial uses along the Blackstone Avenue and Freeway 41 corridor. Additional factors contributing to the projected conditions of congestion included planning decisions and market choices that were partially or entirely beyond the control of the City of Fresno. These included substantial residential development planned by the County of Fresno and the City of Clovis outside of the City of Fresno's sphere of influence. An additional consideration was the northeast area's demographic characteristics that tend to generate higher traffic volumes. The relatively young, affluent, and educated population promotes a higher rate of vehicle trips per household particularly during peak traffic periods. Several strategies were incorporated into the Woodward Park Community Plan update to address projected traffic congestion. Partially in consideration of this projected congestion, residential uses outside of the Blackstone Avenue and Freeway 41 center and the Herndon Avenue corridor were limited REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 9 July 31, 2001 to primarily medium-low density residential uses and an interim agricultural/urban reserve area was established pending completion of the next Fresno General Plan update. The plan also further adjusted the conventional major street grid pattern such as the diagonal North Chestnut and North Maple Avenues arterial street connection (North Sommerville Drive), as strategies to equalize the distribution of traffic flows and to maximize the utilization of available street capacities. In addition, the community plan's land use strategy restricted the further distribution of regionally significant traffic generating facilities outside of the identified community center and Herndon Avenue corridor. A staff member of the California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations, recently submitted a comment that the proposed project would generate 455 peak hour trips in which a considerable amount is anticipated to impact the Freeway 41 interchanges of Friant Road and Herndon Avenues (letter dated February 28, 2001, attached). Caltrans subsequent review of a traffic study prepared for this project, as described below, indicated that 87 vehicle trips would impact the Freeway 41 and Friant Road interchange(letter dated April 10, 2001). The letter also requests that a$147,900 contribution be made to help fund a future improvement project for this interchange. A specific traffic analysis of the project was prepared by TPG Consulting, Inc., in order to estimate the number of vehicle trips projected to use the freeway access ramps during the peak congestion periods. The scope of this analysis was affirmed by the City of Fresno and Caltrans staff at a meeting on January 17, 2001. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Sixth Edition, and associated software together with the Fresno County Council of Governments computerized traffic model, this analysis predicts the expected number of vehicular trips to be generated by the proposed project and the desired direction of travel including access to Freeways 4.1 and 168. Furthermore, the technique used presents what may be considered a worst case condition in that vehicle trips to the south and southwest are allowed to utilize Freeway 41 as if there are no peak hour capacity constraints. In reality many trips to the south and southwest would be expected to utilize Freeway 168 as an alternative route to connect to Freeway 41 and Freeway 99 due to its substantial excess capacity. The results of this traffic study analysis are summarized in the attached Environmental Assessment/Initial Study dated April 27, 2001. The City of Fresno's staff has met with Caltrans representatives to review the impacts on Freeway 41; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by state law. While the Caltrans representatives have previously assured the city that Caltrans legal staff would provide evidence of compliance with state statutes, no response has been received to date by the City of Fresno. The city, therefore, has not recommended that the above-noted impact fee be imposed as a condition of approval, as it is not evident that Caltrans has documented a nexus and reasonable proportionality necessary to justify the imposition of a traffic impact fee for the improvement of state facilities. This REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 10 July 31, 2001 conclusion is based upon Caltrans' submission of varying descriptions of the necessary freeway improvements, the imprecise estimates of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation, it is not legally permissible for the city to impose the requested traffic impact fee. However, as a result of the meetings with Caltrans over the past several months, it has been mutually agreed by the city and Caltrans that a nexus study shall be performed that will detail the impacts on the Freeway 41/Friant Road/Herndon corridor. This study will focus on the area of impact;jurisdictional responsibilities and fair share fees; improvement costs; and funding sources. Findings from this study may be implemented by the cities of Fresno and Clovis as well as the counties of Fresno and Madera upon adoption by the respective jurisdictions. The developer has voluntarily agreed to participate in the funding for this proposed nexus study (letter dated May 21, 2001). Finally, in is noted that the community plan's combination of an extensive network of bicycle route facilities, easily accessible school and park sites, and the more focused distribution of neighborhood commercial facilities promotes reduced motor vehicle trips by encouraging the combination of trip purposes, and utilization of bicycling or walking to make short neighborhood trips. Subsequent to the adoption of the community plan update, the area's land use and street circulation policies and issues have been examined by several planning and environmental review efforts. These studies continue to project increasing traffic congestion on regionally important streets and further confirm that a substantial portion of this traffic is generated by residential development located outside of the City of Fresno's presently planned urban boundary. Completion of Freeway 168 in the near future will provide additional north-south transportation capacity relieving traffic demands on East Herndon, North Friant Road, and Freeway 41. In addition, regional transportation efforts are now in progress to evaluate and pursue options to increase transportation system capacity for east-west movement. A component of this effort is an updated evaluation of Herndon Avenue to identify plausible traffic capacity enhancement measures. This effort is being managed by the Council of Fresno County Governments. Recently,the council approved plan amendment application nos. A-99-25 and A-00-12 which requested a reclassification of Willow Avenue between Shepherd and Perrin Avenues and between Shepherd and Nees Avenues, respectively, from an expressway designation to a superarterial classification. These applications responded to circulation planning decisions that have been made by the City of Fresno, the County of Fresno, and the City of Clovis since the adoption of the Woodward Park Community Plan update. Neither the County of Fresno nor the City of Clovis have ratified the City of Fresno's plan policy to develop North Willow Avenue north of East Herndon Avenue as an expressway. In fact, both of these other two agencies have approved development proposals along North Willow Avenue that would not be consistent with development of this street as an expressway. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 11 July 31, 2001 The City of Fresno has also previously changed the major street designation of the one-half mile long segment between Herndon and Alluvial Avenues to superarterial by the approval of Plan Amendment Application No. A-90-43 on April 23, 1991. This amendment also modified the plan definition of a superarterial to "a six-lane divided roadway with one full-median break permitted, at the quarter-mile point, being characterized by limited access from abutting properties, whose primary purpose is to move traffic in and out of the plan area." An official plan line for the development of North Willow Avenue, north of Herndon Avenue, is now being prepared cooperatively by the three affected governmental entities. This plan line is being prepared to ensure development of street improvements that are essentially equivalent to an expressway with six travel lanes, intersections with dual left-turn lanes and single-right-turn lanes, and bus turnouts. The proposed project provides for implementation of the major street network consistent with the Woodward Park Community Plan update. Furthermore, development of the project area must comply with the applicable development standards that require adequate street width for transit stop locations and the implementation of bike lanes along all major streets. Incorporation of these transportation features reduces the traffic and land use conflicts that compromise safety and efficiency as more commonly experienced in the established portions of the metropolitan area. Willow Avenue Improvements Although Willow Avenue is technically separated from the subject property by the abandoned Southern Pacific Railroad right-of-way, it is clear that the subject development would have a significant effect on Willow Avenue and under normal circumstances (i.e. no railroad right-of-way)the city would require usual frontage and Urban Growth Management street improvements. Therefore, Tentative Tract Map No. 5007 will be conditioned on-the developer posting appropriate security for the improvement of the westerly half of Willow Avenue along the frontage of the project. A proportionate amount of this required street improvement could be subject to future reimbursement. At the present time, these improvements may include dedication of easement for street right-of-way along the entire frontage to provide for a superarterial street in accordance with adopted Woodward Park Community Plan and Public Works standards and construction or provision of appropriate security for necessary street improvements which may include the westerly half of the median island, three southbound travel lanes including curb, gutter, streetlights, sidewalk and any portion of the northbound turn lane at Behymer Avenue which is west of centerline. Also, pursuant to the urban growth management process, the City of Fresno will establish a "Specific Major Street Impact Fee" to pay for the cost of improvements on Willow and Copper Avenues, over and above the current UGM requirements. This proposed fee will be applicable to all undeveloped parcels within-the Woodward Park Community Plan including Tentative Tract No. 5007, pending final council approval of a required nexus study (separate from proposed Caltrans nexus study). If any developer of REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 12 July 31, 2001 property constructs improvements in lieu of payment of this fee and the improvements exceed the proportionate share for the subject property, the developer would be eligible for reimbursement for any improvements that exceed the required fee obligation for the property. Willow Avenue Multi-Purpose Trail The subject property abuts the abandoned 100 foot wide Southern Pacific Railroad right-of-way, which is adjacent to North Willow Avenue. The abandoned railroad right-of-way is planned on the City's 1990 Multi-Purpose Trails Plan for a combined bicycle/pedestrian/equestrian trail. The trail is proposed to be developed within a 60-foot right-of-way and will consist of a paved surface for bicycles and pedestrians and a compacted dirt path for horses. The 60-foot wide trail is proposed within the abandoned railroad right-of-way and it is the city's position that the 100 foot wide abandoned railroad right-of-way is currently owned by the city in fee simple estate. It is also noted that the original right-of-way design for the Multi-Purpose Trail was intended to be 78 feet in width. The applicant is currently including the additional 18 feet within the design of the subdivision map even though it is within the abandoned right-of-way. It is the city's intent to enter into a settlement or disclaimer agreement with the developer of this subdivision in order to resolve the disputed ownership of this 18 feet of property, however, until this occurs it is the city's position that this 18 feet should not be included within the subdivision map. Pursuant to Policy No. 3.2(3) of the 1990 Trails Plan and pursuant to Policies 2-7.2, 2-7.5 and 3-6.3 of the Woodward Park Community Plan, staff will impose a condition to the subdivision map that the developer improve the entire width of the Multi-Purpose Trail within the portion of the trail adjacent to the subject property. If grant money becomes available to improve this segment of the trail, then the developer's responsibility would be reduced to the westerly 20 feet of landscaping of the trail right-of- way. The 20-foot requirement would remain since this reflects the usual landscape requirement for lots which back-onto a superarterial street pursuant to Woodward Park Community Plan policy (Policy No. 34.6). Based upon these factors identified above and in the applicable environmental analysis documents, it is concluded that the proposed project will equitably and sufficiently participate in the public street and circulation improvements necessary to adequately serve the projected development. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-01-01 Rezoning Application No. R-01-02 Page 13 July 31, 2001 These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Plan Amendment Application No. A-01-01 and Rezoning Application No. R-01-02 are appropriate for the project site subject to the recommended conditions of approval. THE ISSUE The issue before the Council is whether or not to amend the planned land use and circulation designations of the 1989 Woodward Park Community Plan and 1984 Fresno General Plan and whether or not to rezone the subject property to R-1/LUGM. RECOMMENDATION It is recommended that the City Council take the following actions: 1. APPROVE the finding of the Mitigated Negative Declaration for Environmental Assessment No. A-01-01, R-01-02, T-5007 dated April 27, 2001. 2. APPROVE Plan Amendment Application No. A-01-01 proposing to amend the 1984 Fresno General Plan and the 1989 Woodward Park Community Plan from agriculture/urban reserve to medium-low density residential land uses and reclassify Willow Avenue from expressway to a superarterial between Behymer and Perrin Avenues. 3. APPROVE Rezoning Application No. R-01-02 requesting a change from the AL-20 (County) to R-l/UGM zone district. MISIIK:\Common\\CC\A 01-01-R-01-02-RCC.wpd Attachments: Vicinity Map (Exhibit A) Woodward Park Community Plan Map (Exhibit B) Tentative Tract No. 5007 (Exhibit C) Development Project Improvement Requirements Matrix(Exhibit D) Preliminary Development Fee Estimates dated April 27, 2001 (Exhibit E) Letters from Caltrans dated February 28, 2001; April 10, 2001; and April 17, 2001 Letter from Westcal dated May 21, 2001 Mitigated Negative Declaration for Environmental Assessment No. A-01-01, R-01-02, TT-5007 dated April 27, 2001 Planning Commission Resolution Nos. 11594 and 11595 Council Resolution Ordinance Bill a• �.A4!�QQ�DD Q Mae v X00 =�000�! W a . OFF IffmNawn WAR-, - MOM nts ; Q +� luff. ' DEVELOPMENT I P. REZONINGPLAN AMENDMENT NO.A-01-001 IN PLANNING DIVISION From Ag/Urban Reserve to Medium Low Density Residential Redesignate Willow Av. 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WHEREAS, Plan Amendment No. A-01-01 has been filed with the City of Fresno by Westcal Incorporated, to amend the 1984 Fresno General Plan and the1989 Woodward Park Community Plan for a 90.62 acre parcel on the west side of North Willow Avenue between the East Behymer and East Perrin Avenue alignments and North Chestnut Avenue from the agriculture/urban reserve land use designation to the medium-low density residential land use designation and the reclassification of Willow Avenue from an expressway to a superarterial between Behymer and Perrin Avenues; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing to consider Plan Amendment No. A-01-01 and the mitigated negative declaration prepared for environmental Assessment No. A-01-01, R-01-02, TT-5007; and, WHEREAS, the Fresno City Planning Commission considered the staff report, attached information, and public testimony with respect to the proposed plan amendment. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no substantial evidence in the record that the proposed plan amendment may have a significant effect on the environment and hereby approves the finding of a mitigated negative declaration prepared for Environmental Assessment No. A-01-01, R-01-02, TT-5007. BE IT FURTHER RESOLVED, that the Fresno City Planning Commission hereby recommends to the City Council that Plan Amendment No. A-01-01 be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Treadwell, seconded by Commissioner Sterling. VOTING: Ayes: Treadwell, Sterling, Civiello, DiBuduo, Stone Noes: None Not Voting: None Absent: Alvarez, Eckenrod DATED: June 20, 2001 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11594 Application No. A-01-01 Filed by Westcal Incorporated Action: Recommend Approval ML.S::\K\Common\PC\11594-PCR-A-01-01 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11595 The Fresno City Planning Commission at its regular meeting on June 20, 2001, adopted the following resolution relating to Rezoning Application No. R-01-02. WHEREAS, Rezoning Application No. R-01-02 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM EXISTING ZONING: AL-20 (County) APPLICANT: Westcal Incorporated LOCATION: The west side of North Willow Avenue between the East. Behymer and East Perrin Avenue alignments and North Chestnut Avenue to the west. APN: 568-020-69 LEGAL DESCRIPTION: See attached Exhibit "L" WHEREAS, the Fresno City Planning Commission on June 20, 2001, conducted a public hearing to consider this application; and, WHEREAS, the Fresno City Planning Commission received a staff report for the rezoning application and considered public testimony; and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezoning Application No. R-01-02 may have a significant effect on the environment subject to the implementation of the mitigation measures as identified by the mitigated negative declaration prepared for Environmental Assessment No. A-01-01, R-01-02, TT-5007. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that R-l/UGM zoning be approved for the subject property. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Treadwell, seconded by Commissioner Sterling. Planning Commission Resolution No. 11595 Rezoning Application No. R-01-02 Page 2 June 20, 2001 VOTING: Ayes: Treadwell, Sterling, Civiello, DiBuduo, Stone Noes: None Not Voting: None Absent: Eckenrod, Alvarez DATED: June 20, 2001 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11595 Application No. R-0 1-02 Filed by Westcal Incorporated Action: Recommend Approval MS:\APC Resolutions\1 1595-PCR-R-0 1-02 Planning Commission Resolution No. 11595 Rezoning Application No. R-01-02 Page 3 June 20, 2001 EXHIBIT "L" Rezoning Application No. R-01=02 The North half of the Northeast quarter and the Southeast quarter of the Northeast quarter of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the official plat thereof. EXCEPTING THEREFROM All that land lying in the Northwest quarter of the Northeast quarter of Section 24, Township 12 South, Range,20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: Commencing at the Northwest corner of the Northeast quarter of said Section 24; thence North 88° 56' 06" East along the North line of said Section 24, a distance of 22.05 feet to the True Point of Beginning; thence North 88° 56' 06" East, continuing along the said North line of Section 24, a distance of 749.54 feet to a point of intersection thereof with a line which is parallel with and 771.51 feet Easterly from the West line of the Northeast quarter of said Section 24; thence South 00° 14' 08" East, along said parallel line, a distance of 1,055.84 feet to a point of intersection thereof with a line which is parallel with and 270.00 feet Northerly from the South line of the North half of the Northeast quarter of said Section 24; thence South 89° 0609" West, along said parallel line, a distance of 749.54 feet to a point of intersection thereof with a line which is parallel with and 22.05 feet Easterly from the West line of the Northeast quarter of said Section 24; thence North 00° 14' 08" West, along the said line which is parallel with and 22.05 feet Easterly from the West line of the Northeast quarter of said section 24, a distance of 1,053.65 feet to the True Point of Beginning. ALSO EXCEPTING THEREFROM All that land lying in the Northwest quarter of the Northeast quarter of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: Beginning at the Northwest corner of the Northeast quarter of said Section 24; thence North 88' 56' 06" East along the North line of said Section 24, a distance of 22.05 feet to a point of intersection thereof with a line which is parallel with and 22.05 feet Easterly from the West line of the Northeast quarter of said Section 24; thence South 00° 14' 08" East, along said parallel line, a distance of 1,055.65 feet to a point of intersection thereof with a line which is parallel with and 270.00 feet Northerly from the South line of the North half of the Northeast quarter of said Section 24; thence South 89° 0609" West, along said parallel line, a distance of 22.05 feet to a point of intersection thereof with the West line of the quarter of said Section 24; thence North 00° 14' 08" West, along the West line of the Northeast quarter of said Section 24, a distance of 1,053.58 feet to the point of beginning. RESOLUTION NO. ARESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,CALIFORNIA, AMENDING THE 1984 FRESNO GENERAL PLAN AND THE 1989 WOODWARD PARK COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. A-01-01) WHEREAS, on December 5, 1989, by Resolution No. 89-464, the City Council adopted the Woodward Park Community Plan and by Resolution No. 89-463 certified Final Environmental Impact Report No. 10100 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and adopted sphere of influence; and, WHEREAS, on November 20, 1984, by Resolution No. 84-470, the City Council adopted the 1984 Fresno General Plan; and, WHEREAS, on May 3, 1994, by Resolution No. 94-108, the City Council certified Final Environmental Impact Report No. 10117 addressing the potential adverse environmental effects related to Plan Amendment Application Nos. A-90-27, A-91-21, A-91-26, A-92-18, No. A-93-05 and A-93-21 amending the 1989 Woodward Park Community Plan to change a portion of the agricultural/urban reserve planned area for urban planned uses and , including findings identifying significant adverse environmental effects which could be partially or entirely mitigated by the adopted mitigation measures and adopted overriding findings that the benefits of the proposed project superseded the significant adverse impacts that could not be mitigated to the extent that they were not considered significant; and, WHEREAS, on January 16, 1996, by Resolution No. 96-11, the City Council adopted Plan Amendment Application No. A-95-11, and approved a mitigated negative declaration for Environmental Assessment No. A-95-11, A-95-06, A-95-08, A-94-13, to amend the agriculture/urban reserve goals and policy/implementation actions of the 1989 Woodward Park Community Plan to permit the consideration of plan amendment applications for urban uses within the agricultural/urban reserve portions of the Woodward Park Community Plan; and, Resolution No. Plan Amendment No. A-01-01 Page 2 WHEREAS, Westcal, Inc., has filed Plan Amendment Application No. A-01-01 to amend the land use elements of the aforementioned plan to change the planned land use designation of an approximately 90.62 acre area, located on the west side of North Willow Avenue between the East Behymer and East Perrin Avenue alignments and North Chestnut Avenue from the agriculture/urban reserve designation to the medium-low density residential designation, and, the reclassification of Willow Avenue from an expressway to a superarterial between Behymer and Perrin Avenues; and, WHEREAS, pursuant to Resolution Nos. 89-464 and 89-463 and related Exhibits D-1, D- 2, and D-3 which certified Final Environmental Impact report No. 10100, the Public Works and Fire Departments have verified the availability of adequate sewer and water services and street capacity to accommodate the proposed project; and, WHEREAS, on June 20, 2001, the Planning Commission held a public hearing to consider Plan Amendment Application No. A-01-01 and the mitigated negative declaration prepared for Environmental Assessment No. A-01-01, R-01-02, TT-5007; and, WHEREAS, the Fresno City Planning Commission took action to recommend approval of the mitigated negative declaration with Mitigation Measures for Environmental Assessment No. A-01-01, R-01-02, TT-5007; and, WHEREAS, the Fresno City Planning Commission also took action to recommend approval of Plan Amendment Application No. A-01-01, to amend the planned uses for the subject site as described above and as displayed on Exhibit"A' attached hereto and included herein by reference; and, W EREAS, on July 31, 2001, the Fresno City Council held a public hearing to consider Plan Amendment Application No. A-01-01 and determined, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, that the adoption of the proposed amendment is in the best interest of the City of Fresno. Resolution No. Plan Amendment No. A-01-01 Page 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That Council finds based upon its own independent judgment, that there is no substantial evidence in the record that Plan Amendment Application No. A-01-01 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated April 27, 2001, subject to compliance with the mitigation measures specified in Environmental Assessment No. A-01-01, R-01-02, TT-5007, incorporated herein by reference. 2. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-01-01, amending the 1984 Fresno General Plan and 1989 Woodward Park Community Plan to change the planned land use designations as described above and displayed by Exhibit"A' attached hereto and incorporated herein by reference. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of 2001, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By Deputy APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorney By Deputy Plan Amendment Application No. A-01-01 Filed by Westcal, Inc. Parcel No. 568-020-69 MLS\K\Common\CCW-01-01-R-01-02-CCReso.wpd U010,s0 v � �a0 = odd>> . . RX ,.SQA ..W, �� Isla DOWNS!' Stm W DEVELOPMENT DEPARTMENrir PLAN AMENDMENT NO.A-01-001 PLANNING DYVISION From AgAJrban Reserve to Medium Low Density Residential Redesignate WillowAv.From • • •• —11_ • - 568-020-69 •- • "� • ' - ' • • 1 11 • • ' From AL-20 • - Southwest • :• • • • BY/DATE: • 1 ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezoning Application No. R-01-02 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 20th day of June 2001; and, WHEREAS, the Fresno City Planning Commission considered Environmental Assessment No. A-01-01, R-01-02, TT-5007, prepared for this project, and adopted the mitigated negative declaration as provided by this environmental assessment; and, WIEREAS, the Fresno City Planning Commission recommended to the Council of the City of Fresno an amendment to the Zoning Ordinance which changes the real property described hereinbelow from one zone district to another zone district; and, WHEREAS, the Council of the City of Fresno, on the 31th day of July 2001, received the recommendation of the Planning Commission and concurs therein; and, WHEREAS, the conditions of approval for proposed Vesting Tentative Tract Map No. 5007 will require that appropriate street dedications and improvements be completed or secured for the site, for which R-1/UGM zoning is requested, prior to or with the recordation of the final map and Ordinance Amending Official Zone Map Rezoning Application No. R-01-02 Page 2 therefore compliance with Fresno Municipal Code Section 12-403-K-2-c is provided for. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and based upon the council's own independent judgement review and consideration of the rezoning application and supporting environmental documentation provided, the adoption of the proposed rezoning is in the best interests of the City of Fresno. The council finds with implementation of the mitigation measures specified in Environmental Assessment No. A-01-01, R-01-02, TT-5007 dated April 27, 2001, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment, and the council hereby certifies that prior to taking action on the proposed rezoning, it considered the mitigated negative declaration prepared for this project and recommended for adoption by the Fresno City Planning Commission on June 20, 2001. The above mitigation measures shall be incorporated into the project, implemented and monitored as specified in the Monitoring Checklist for Environmental Assessment No. A-01-01, R-01-02, TT-5007. The Initial Study for Environmental Assessment No. A-01-01, R-01-02, TT-5007 and Monitoring Checklist is incorporated into this Ordinance and compliance therewith is made a condition of this rezoning. SECTION 2. The requested R-1/UGM zone district is consistent with the proposed medium-low density residential land use designation as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The zone district of the real property described hereinbelow, located in the city of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the AL-20 (County) to the R-1/UGM zone district: The North half of the Northeast quarter and the Southeast quarter of the Northeast quarter of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the official plat thereof. Ordinance Amending Official Zone Map Rezoning Application No. R-0 1-02 Page 3 EXCEPTING THEREFROM All that land lying in the Northwest quarter of the Northeast quarter of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: Commencing at the Northwest corner of the Northeast quarter of said Section 24; thence North 88° 56' 06" East along the North line of said Section 24, a distance of 22.05 feet to the True Point of Beginning; thence North 88' 56' 06" East, continuing along the said North line of Section 24, a distance of 749.54 feet to a point of intersection thereof with a line which is parallel with and 771.51 feet Easterly from the West line of the Northeast quarter of said Section 24; thence South 00' 14' 08" East, along said parallel line, a distance of 1,055.84 feet to a point of intersection thereof with a line which is parallel with and 270.00 feet Northerly from the South line of the North half of the Northeast quarter of said Section 24; thence South 89' 06' 09" West, along said parallel line, a distance of 749.54 feet to a point of intersection thereof with a line which is parallel with and 22.05 feet Easterly from the West line of the Northeast quarter of said Section 24; thence North 00° 14' 08" West, along the said line which is parallel with and 22.05 feet Easterly from the West line of the Northeast Quarter of said Section 24, a distance of 1,053.65 feet to the True Point of Beginning. ALSO EXCEPTING THEREFROM All that land lying in the Northwest quarter of the Northeast quarter of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: Beginning at the Northwest corner of the Northeast quarter of said Section 24; thence North 88° 56' 06" East along the North line of said Section 24, a distance of 22.05 feet to a point of intersection thereof with a line which is parallel with and 22.05 feet Easterly from the West line of the Northeast quarter of said Section 24; thence South 00° 14' 08" East, along said parallel line, a distance of 1,055.65 feet to a point of intersection thereof with a line which is parallel with and 270.00 feet Northerly from the South line of the North half of the Northeast quarter of said Section 24; thence South 89° 0609" West, along said parallel line, a distance of 22.05 feet to a point of intersection thereof with the West line of the quarter of said Section 24; thence North 00° 14' 08" West, along the West line of the Northeast quarter of said Section 24, a distance of 1,053.58 feet to the point of beginning. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage, and upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5007 for any portion of the property encompassed by said tentative tract map for which a final map is recorded and upon annexation into the city of Fresno. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I,REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of 2001, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By Deputy APPROVED AS TO FORM: HILDA CANTLJ MONTOY City Attorney By Application No. R-01-02 Filed by Westcal, Inc. Parcel No. 568-020-69 MIS\K\Common\CC A-01-01-R-01-02-CCO.wpd City of Fresno November 7, 2001 Development Department CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 5007/UGM 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 in accordance with Vesting Tentative Tract Map No. 5007/UGM entitled `Exhibit A," dated September 19, 2001. 2. The site of Tentative Tract No. 5007/UGM is located within the jurisdiction of the County of Fresno. This property must be annexed to the City of Fresno prior to approval of a final map for any portion of Tentative Tract No. 5007/UGM. 3. 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 plan shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. 4. The County of Fresno will need to review and approve the grading and drainage plans for this development to insure that storm water runoff from the project site will not adversely impact surrounding properties under the County's jurisdiction. 5. 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. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 2 November 7, 2001 6. 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. 7. 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. 8. Prior to final map approval the owner of the subject property shall execute a "Right To Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right To Farm" covenant shall be recorded prior to or concurrent with the recording of the final map of Tentative Tract No. 5007/UGM. 9. 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. 10. The proposed design of Vesting Tentative Tract No. 5007/UGM incorporates 18 feet of the previous 100 foot wide Southern Pacific (Sugar Pine) Railroad right-of-way of which the entire width the City of Fresno has determined to be owned in fee simple estate by the city. This 18 feet of city-owned property cannot be incorporated into the design of the tentative tract map until such a time as the city's legal quiet title action is completed. Therefore, the tentative map shall be redesigned to not incorporate the disputed 18 feet unless, prior to final map approval, the city's legal quiet title action is completed. If the applicant is required to redesign the map, the applicant shall comply with all state and local requirements for a redesign of the map. Alternatively, the applicant may enter into a settlement agreement or disclaimer agreement with the City of Fresno in a form approved by the City Attorney's Office, indemnifying the City of Fresno in the event of an inverse condemnation action or for any loss, liability, fines, penalties, forfeitures, costs and damages arising from any encroachment of the tentative map into the subject right-of-way. This alternative would allow the design of the proposed final map to include the disputed 18 feet of property in the Old Southern Pacific (Sugar Pine) right-of-way. 11. Relinquish access rights to the East Perrin, East Behymer and North Chestnut Avenues from all residential lots to these streets. Ref. Section 12-10114--3, Fresno Municipal Code. 12. Relinquish access rights to the North Willow Avenue and the multi-purpose trail from all residential lots to this street and trail. Ref. Section 12-10114--3, Fresno Municipal Code. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 3 November 7, 2001 13. Relinquish vehicular access rights to the north 30 feet of proposed Lots 91, 107 and 108 from these residential lots to the abutting local residential streets. 14. Relinquish vehicular access rights to the west 30 feet of proposed Lots 51 and 52 from these residential lots to the abutting local residential streets. 15. Relinquish vehicular access rights to the east 30 feet of proposed Lots 324 and 325 from these residential lots to the abutting local residential streets. 16. Relinquish vehicular access rights to the south 30 feet of proposed Lots 367 and 449 from these residential lots to the abutting local residential streets. 17. Relinquish vehicular access rights to North Winery Avenue from Lot 1. Landscaping and Walls 18. Provide a 10-foot landscaped easement (and irrigation system) along the side or rear property lines of all lots which side-onto or back-onto East Perrin and North Chestnut Avenues. Provide a 20-foot landscaped easement (and irrigation system) along the side or rear property lines of all lots which side-onto or back-onto East Behymer Avenue. Ref. Section 12-10114-3, 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. 19. Maintenance of the required 10-foot and 20-foot landscape easements located along East Perrin, North Chestnut and East Behymer Avenues, maybe the responsibility of the City's Community Facilities District No. 2. Contact the Public Works Department, Engineering Services Division Staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's District prior to final map approval. 20. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 21. Pursuant to Policy No. 3.2(3) of the 1990 Master Multi-Purpose Trails Manual and pursuant to Policies 2-7.2, 2-7.5 and 3-6.3 of the 1989 Woodward Park Community Plan, within the Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 4 November 7, 2001 limits of the tract, construct appropriate improvements or provide appropriate security for the improvement of the entire 60-foot wide Sugar Pine Trail. If grant funds are later determined to be available for the construction of the trail, the developer at a minimum shall landscape the westerly 20 feet of the multi-purpose pedestrian/ bike/equestrian trail along the west side of North Willow Avenue, in accordance with Plan Policy 3-4.6 of the Woodward Park Community Plan and the Master Multi-Purpose Trails Manual. 22. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Development Department for review prior to final map approval. 23. Construct a 6-foot high solid masonry wall or approved architecturally designed solid fence (solid wall or fence to meet requirements of Section 12-306-H, Fresno Municipal Code), at the rear of the required landscaped easement noted in Condition No. 18, above. 24. Construct a 6-foot high solid masonry wall (solid wall to meet requirements of Section 12-306-H, Fresno Municipal Code), at the rear of the required all lots which back-onto the multi-purpose trail along North Willow Avenue. 25. The lots locate along the east boundary of the tract, adjacent to the North Willow Avenue super arterial street, are subject to higher traffic noise levels as identified in the acoustical analysis for Tentative Tract No. 4911, which is located on the south side of East Perrin Avenue adjacent to Tentative Tract No. 5007. Therefore, Tentativetractshall be subject to any relevant mitigation measure identified in the Brown-Bunten acoustical analysis for Tentative Tract No. 4911 dated October 25, 2000. 26. 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. 27. The developer shall provide two medium size trees in each front yard area of each lot located within the subdivision. The owner shall execute a covenant agreement running with the land to insure maintenance of the two trees to be provided in the front yard area of each home by the homeowner. Building Setbacks 28. Building setback lines shall be in accordance with the R-1/UGM and R-1/PD/UGM zone district. The 178 lots located within the planned development portion of the tract shall be subject to the building setback identified in Conditional User Permit No. C-01-195. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 5 November 7, 2001 29. Conditional Use Permit (CUP) Application No. C-01-195 filed to establish the 178 lot non- clustered planned development on a portion of this site shall be approved prior to final map approval. 30. Building setback lines shall be as shown on "Exhibit A" of Tentative Tract No. 50071UGM dated March 9, 2001, which shall include a 10-foot side yard building setback on the key lot side of any keylots. Information 31. 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. 32. Pay school construction fees to the Clovis Unified School District in accordance with the adopted schedule of fees, prior to the issuance of building permits for the subdivision. 33. 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. 34. Contact the United States Postal Service - Fresno Office for the location and type of mailboxes to be installed in this subdivision. 35. 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 Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 6 November 7, 2001 of Chapter 12, Article 10 of the Fresno Municipal Code (Subdivision of Real Property). 36. 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. 37. Apportionment of Special Assessment - If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the subdivider shall file a written application with the City's Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided-, b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the final map by the City and shall be accompanied by a fee, in an amount specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. PARK SERVICE 38. Comply with the Parks Division requirements in the memo dated October 5, 2001. Urban Growth Management Requirements 39. 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. Conditions of Approval Vesting Tentative Tract Map No. 5007/JGM Page 7 November 7, 2001 FIRE SERVICE 40. Fire service will be provided by City Fire Station No. 21. Urban Growth Management Requirements 41. Prior to the construction of any dwelling over three miles from the nearest available fire station the developer shall construct and equip permanent Fire Station No. 21 or a temporary fire station at a location approved by the Fire Chief. Alternatively, the subdivider may construct dwelling units located between the 3- and 4-mile running distance from an existing and operating fire station, provide there shall be a 100-foot .separation between buildings, or a 50-foot separation between buildings, where all roofing materials are noncombustible, and all facing surfaces between buildings are noncombustible. For residential developments located between the 3- and 5-mile running distance, the 100-foot and 50-foot separation requirement may be waived with the installation of automatic fire extinguishing systems, as approved by the Fire Chief, in all buildings within the project area. 42. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of final map approval. If appropriate, fee payment may be deferred until the time of building permit issuance in accordance with the requirements of Section 12-4.508-D-3, Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 43. The subdivider shall make provisions for the<physically handicapped in accordance with the Department of Public Works standards and as required by State law. 44. 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. 45. 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 luminaries 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. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 8 November 7, 2001 46. 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. 47. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. 48. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 49. Right-of-way acquisition in the County of Fresno must be approved by the Fresno County Board of Supervisors. The road improvement plans for all new and/or reconstructed roads which are adjacent to County roads or properties under the County's jurisdiction shall be reviewed and approved by the County of Fresno. In addition, an encroachment permit shall be obtained from the County for any street work done within the County's right-of-way. 50. All interior streets shall be dedicated in accordance with the 54- and 50-foot standard widths as shown on Exhibit "A" and fully improved with standard curb, gutter, sidewalks on both sides of all streets, street lighting, and full width permanent street pavement. Driveway approaches on North Winery Avenue for lots 1 and 91 shall be limited to the southerly 30 feet of said lots. Driveway approaches on North Fine Avenue for lots 107 and 108 shall be limited to the southerly 30 feet of said lots. Wherever street furniture is proposed or existing within the proposed sidewalks a minimum of 4 feet of unobstructed sidewalk path shall be.,maintained to comply with ADA requirements. If necessary the developer shall dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. Handicap access ramps are required at all corners within the limits of this tract. 51. North Chestnut Avenue: The developer shall dedicate right-of-way to accommodate a 82-foot wide collector street. Construct concrete curb and gutter, sidewalks and 20 feet of permanent paving. The sidewalk shall be constructed to a 10-foot residential pattern. Construct an underground street lighting system per Public Works Standards E-1. Spacing and design of the lights shall conform to Public Works Standards for collector streets. 52. East Perrin Avenue: The developer shall dedicate right of-way to accommodate a collector to super arterial approach in accordance with attached Street Design Exhibit A. Construct an 80- Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 9 November 7, 2001 foot bus bay to City of Fresno Public Works Standard P-65. The 80 feet shall be measured from the easterly limits of the tract to the west. Within the limits of the tract, construct standard curb, gutter, sidewalk, underground street lighting system per E-1 Public Works standards for collector streets, and 20 feet of permanent street pavement. The sidewalk shall be constructed to a 10-foot residential pattern except that in front of the required 80-foot bus bay the sidewalk shall be a 10-foot solid walk. 53. East Behymer Avenue: The developer shall dedicated right-of-way to accommodate an arterical to super arterial approach in accordance with attached Street Design Exhibit B. Within the limits of the tract, construct standard curb, gutter, sidewalk, underground street lighting system per E-1 Public Works standards for arterial streets, and 20 feet of permanent street pavement. The sidewalk shall be constructed to a 10-foot residential pattern 54. 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. 55. 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. Urban Growth Management Requirements In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and service vehicle access, the following improvements are required. 56. East Perrin Avenue: Construct the two center section travel lanes with permanent paving as shown on attached Street Design Exhibit A to complete the east bound and west bound travel portions of East Perrin Avenue from the west limits of this tract of the intersection with North Willow Avenue. Construct a median island with integral colored stamped concrete to Public Works Standards to provide for 250-foot dual left turn lanes onto North Willow Avenue. Geometric design of the median island and lanes shall be in accordance with attached StreetDesign Exhibit A. 57. The developer shall install (1) one 150-watt safety light and traffic signal pole on the northwest corner of East Perrin and North Willow Avenues for a future traffic signal. Submit engineered plans to be,Public Works Department with the required street improvement plans and street light plans. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 10 November 7, 2001 58. East Behymer Avenue: Construct the two center section travel lands with permanent paving as shown on attached Street Design Exhibit B to complete the eastbound and west bound travel portions of East Behymer Avenue from the west limits-of this tract to the intersection of North Willow Avenue. Construct a median island to Public Works Standards for provide for 250 foot dual left turn lands onto North Willow Avenue. Geometric design of the median island and lanes shall be per the attached Street Design Exhibit B 59. The developer shall install (1) one 150-watt safety light and traffic signal pole on the southwest corner of East Behymer and North Willow Avenues for a future traffic signal. Submit engineered plans to be Public Works Department with the required street improvement plans and street light plans. 60. Pipe the existing Fresno Irrigation District=canal across East Behymer Avenue. The piping of the canal across East Behymer shall be done to City of Fresno Standards. 61. Special UGM Fee Due For Willow Avenue and Copper Avenue Constrution The City of Fresno is undertaking a Nexus Study to determine an "Enhanced Major Street Zone" for both Willow and Copper Avenues in this area. This study will be used to determine fees due from remaining, undeveloped parcels within the UGM zones that currently use these facilities, generally described as Zone A, Zone E-1, Zone F, and Future Copper River. In addition, it may be found that parcels outside the City of Fresno are identified in this Nexus Study. This may reduce the cost to development in this area, based.on these findings and the agreement with those governmental jurisdictions as to the collection of these fees. To those developments in the City of Fresno, this fee will be above the current UGM fees collected for other facilities in these zones. Based on preliminary staff:estimates for the construction associated with these streets, and to complete a full 4 lane facility along Copper, from Friant to Willow, with curbs, gutters, 2 travel lanes in each direction, and a raised/landscaped median island, and traffic signals, and to complete construction of the west side of Willow Avenue, from Copper to Herndon (which is in the City of Fresno Sphere of influence) with curb and gutter, the #3 southbound travel lane (outside travel lane) the#2 southbound travel lane (middle lane of a 6 lane facility) and 1/2 the cost of traffic signals at all major streets, the total cost of construction is $16,104,833. There are a total of 2,358 acres of residential, commercial, institutional uses remaining in the UGM zones east of Blackstone Avenue and north of Herndon Avenue which is estimated to produce approximately 430,841 vehicle trips per day into this area. All other necessary construction to these facilities would be proposed as candidates for grant projects since both of these roadways are considered transportation corridors on the County of Fresno Regional Transportation Plan. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 11 November 7, 2001 With the total cost to construct these facilities estimated at $16,104,833 and the number of vehicle trips estimated at 430,841, the cost per trip is $16,104,833/430,841 = $37.38 per trip. Therefore, based on this preliminary cost, this Tract Map of 449 proposed residential lots (I unit per lot) equates to a total @ 10 vehicle trips per unit of 4490 vehicle trips. 4490 trips at $37.38 per trip = $167,836 in fees that this Tract Map would be responsible for under this proposed plan, and assuming this estimated cost at this time. The Nexus Study will be the legally binding document that will ultimately determine the cost to benefit ration, zone of influence, and cost analysis to each development and may alter this per trip amount. In an effortto better serve the interest of the community, and, to provide the necessary financing to construct the travel facilities along these roadways, it is proposed that an accelerated rate of two (2) times the standard trip rate of$37.38 per trip be collected per occupancy of any units built whether residential, commercial or institutional, for all development in the first 5 years of this process. The accelerated rate fee would be 2 x $167,836 (2 times its normal per trip rate) for a total of$335,672. This accelerated rate collected during the first 5 years will be used to build these roadways and to reimburse projects that construct actual facilities along these roadways when their construction is above and beyond their accelerated rate fee due. After the 5 year period, continuing development will be charged fees at the standard rates and final road improvements ;.will be,constructed and reimbursements will begin back to those persons who have paid over the standard rate to reduce their fees back to the standard rate, based on the findings of the Nexus Study. Since it is anticipated that the remaining acreage in the Northeast area will be built out within 10 to_15 years, there should be no remaining reimbursements after 15 years and all reimbursements over the standard rates required will be paid,-using funds collected from developments ongoing after the construction of these road facilities are.complete. SEWER SERVICE A 10-inch.sanitary sewer main currently exists in East Behymer Avenue,a 12-inch sanitary sewer main is existing in East Perrin Avenue and an 8-inch sanitary sewer main is existing in East Granada Avenue adjacent to the tract. This tract is subject to the findings procedure for sewer service associated with the Woodward Park Community Plan EIR. The following conditions are required to provide sanitary sewer service to the tract: 62. Extend a 10-inch sewer main easterly in East Behymer Avenue to the for the full tract frontage. 63. Separate sewer house branches shall be provided to each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 12 November 7, 2001 64. All public sanitary sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. Urban Growth Management Requirements 65. The tract is located in the service area of the Herndon/Cornelia Trunk Sewer, therefore, the developer shall pay the appropriate trunk sewer charge in effect at the time that building permits are issued. 66. The developer.shall be required'to enhance (by pipe lining) the 42-inch segment of the Herndon Trunk Sewer between North Fresno Street and North Howard Avenue impacted as a result of this project. As an alternative to the above, the City is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impacts on the sewer system. WATER SERVICE A 24-inch Transmission Grid.Water Main is existing in East Behymer Avenue, a 14-inch TGM is existing in East Perrin Avenue and an 8-inch water main is existing in East Granada Avenue adjacent to the tract. Upon demonstration through the findings process that an adequate source of potable water exists to meet State and Federal contaminate levels and sufficient supply is available to meet fire flow requirements, water mains can be extended to serve this tract. The following conditions are required to provide water service to the tract: 67. Two independent points of connection to the city water system are=required to serve the tract or any phase of this tract. 68. Extend a 24-inch Transmission Grid Water Main easterly in East Behymer Avenue from the existing 24-inch water main to the intersection of North Willow and East Behymer Avenues. 69. Extend a 14-inch Transmission Grid Water Main easterly in East Perrin Avenue from the existing 14-inch water main to North Willow Avenue. 70. Install a 16-inch Transmission Grid Water Main in North Willow Avenue from the from East Perrin Avenue north to East Behymer Avenue. 71. Separate water services shall be provided to each lot created. 72. All public water facilities shall be constructed in accordance with Public Works standards, specifications and policies. Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 13 November 7, 2001 Urban Growth Management Requirements 73. Dedicate a standard City water well site acceptable to the Water Systems Manager. Dependent upon the availability of Urban Growth Management funds and project timing, the developer may be required to construct a standard City water well. The well shall be capable of producing a minimum supply of twice there demand. 74. Occupancy may be conditioned upon completion of the aforementioned water well or the proposed surface water treatment plant. Any existing agricultural wells within the boundaries of the proposed development shall be sealed and abondoned in compliance with California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources and City of Fresno standards. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 75. 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. 76. 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 77. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 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 thrnucrh its nower of eminent domain. The develoner shall fiirnich to the r;t-.,Pnhl;r Wr%rlrc Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 14 November 7, 2001 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 78. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 79. 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 September 28, 2001. 80. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7) days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. IRRIGATION CANAL/PIPELINE 81. The Fresno Irrigation District's Maupin No. 118 canal and pipeline traverses the subject tract. The developer shall pipe the canal across the project site and provide the necessary easements for the existing and new pipelines. The developer shall comply with the attached memorandum from the Fresno Irrigation District dated September 28, 2001. DEVELOPMENT FEES AND CHARGES 82. 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 $102.00/tree City installed tree Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 15 November 7, 2001 C. Street Tree Inspection fee $28.00/tree Developer installed 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: $620,477.00 Drainage Area"R" SEWER CONNECTION CHARGES g. Lateral Sewer Charge $0.10/square foot (to 100' depth) h. Oversize Charge $0.05/square foot (to 100' depth) i. Trunk Sewer Charge $419/living unit Service Area: Herndon j. Wastewater Facilities Charge $2,119/living unit k. House Branch Sewer Charge n/a 1. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES M. 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. n. Frontage Charge $6.50/lineal foot o. Fire Hydrant Charge $0.75/100 square feet (Summation of lot areas) p. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond $243/gross acre Debt Service Charge Conditions of Approval Vesting Tentative Tract Map No. 5007/UGM Page 16 November 7, 2001 r. UGM Water Supply Fee $397/living unit Service Area: 101s S. Well Head Treatment fee $0/living unit Service Area: 101s t. Recharge Fee $0/living unit Service Area: 101 U. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE V. Northeast Fresno Policing Area $62/living unit URBAN GROWTH MANAGEMENT FEES/CHARGE* W. UGM Fire Station Capital Fee $1,388/adj. acre Service Area: 21 X. UGM Park Fee $1,690/adj. acre Service Area: 7 Y_ Major Street Charge $2,500/adj. acre Service Area: F Z_ Major Street Bridge Charge $50/adj. acre Service Area: F aa. Traffic Signal Charge $860/adj. acre bb. UGM Grade Separation Fee n/a cc. UGM At-Grade Railroad Crossing Fee n/a Service Area: dd. Trunk Sewer Charge n/a Service Area: ee. Street Acquisition/Construction Charge n/a rcl/J:/rclfiles/documents/COAT-5007 GOVERNMENT CODE 966020(d)(1) A protest filed pursuant to 5ubdivi5ion (a) Shall be filed 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 other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Tentative Tract Map No. 5007 SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100'depth) 2. Oversize Charge $0.05/Sq. ft. (to 100'depth) 3. Trunk Sewer Charge $496/living unit Service Area: Herndon 4. Wastewater Facilities Charge $2,119/living unit 5. House Branch Sewer Charge n/a 6. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE 7. Service Connection Charge Fee based on service(S) and meters) Sizes Specified by owner, fee for Service(o) and Meter(o) eStabliohed by the Master Fee Schedule. 6. Frontage Charge $6.50/1ineal foot 9. Fire Hydrant Charge $0.75/100 Square feet 10. TransmiSSion Grid Main Charge $560/gross acre 11. Transmission Grid Main Bond Debt Service Charge $243/groSS acre 12. UGM Water Supply Fee $397ving unit Service Area: 1015 13. Well Head Treatment Fee $0/living unit Service Area: 101 14. Recharge Fee $0/living unit Service Area: 101 15. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE 16. Northeast Fresno Policing Area $62/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 17. UGM Fire Station Capital Fee $1,388/groes acre Service Area: 21 18. UGM Park Fee $1,690/gross acre Service Area: 7 19. Major Street Charge $2,500/adjusted acre Service Area: F 20. Major Street Bridge Charge $50/adjusted acre Service Area: F 21. Traffic Signal Charge $860/adjusted acre 22. UGM Grade Separation Fee n/a 23. UGM At-Grade Railroad Crossing Fee n/a Service Area: 24. Trunk Sewer Charge n/a Service Area: 25. *Street Acquisition/Construction Charge n/a c:\myfilec,\wp\tracto\tt5007 CITY OF FRESNO DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. C-01-195 November 7, 2001 PART A - PROJECT INFORMATION 1. Assessor's Parcel No. 568-020-69 2. Job Address: Tract No. 5007 Street Location: West side of North Willow Avenue between East Behymer and East Perrin Avenues 3. Existing/Proposed Zoning R-1/UGM Zone Map No. 1453 4. Project Description: 178-lot non-clustered single-family residential planned development project. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on November 7, 2001, will consider the special permit application subject to the enclosed list of conditions and Exhibits A through D dated November 7, 2001. This approval is subject to the completion of the notice and appeal period for the department's finding that the proposed project will not have a significant impact on the environment. A notice of the finding of negative declaration was published on October 10, 2001, providing any interested party with an appeal and comment period of 20 days. Notice of the hearing of the special permit was mailed to surrounding property owners on October 26, 2001. The deadline date for submittal of appeals in response to the mailed notice is November 7, 2001. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Conditions of Approval Conditional Use Permit No. C-01-195 Page 2 Discretionary conditions of approval are listed in the last section of this list of conditions under the heading"Part F -Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent - amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated November 7, 2001) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Project Evaluation Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved Conditions of Approval Conditional Use Permit No. C-01-195 Page 3 site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Robert Lewis at 559/498-4462. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section 66020(d)(1), the imposition of fees, dedication, 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, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or.off-street parking geometrics may be directed to David Padilla at 559/498-2727 and questions relative to utility connection-charges and Urban Growth Management fees may be directed to Rick Sommerville at 559/498-2740 of the Development Department, Building and Safety Services Division, Land Division and Engineering Section. PART D - PLANNING/ZONING REQUIREMENTS PLANNING Development is subject to the following plans and policies: Woodward Park Community Plan Medium-Low Density Residential Land Use ZONING Development is proposed in accordance with existing R-1/UGM zoning. Conditions of Approval Conditional Use Permit No. C-01-195 Page 4 POPULATION DENSITY (Residential Projects) Allowable density is 4.98 dwelling units per acre. BUILDING HEIGHT The maximum allowable building height is 30 feet. The proposal is within the required height. EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for:the purpose of-providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING Provide the following minimum building setbacks: As provide on Exhibit-A dated November 7, 2001 The front yard building setback from the garage to the inside edge of the sidewalk(l foot pedestrian easement) shall be a minimum of 18 feet. Provide the following minimum landscaped areas: a. 20 feet along all front yards No structures of any kind may be installed=or maintained within the above-landscaped areas. No exposed utility boxes, transformers, meters; piping (excepting the backflow prevention device), etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Put this note on the site plan.) Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Development Department. (Put this note on the site and landscape plans.) SPACE BETWEEN BUILDINGS Provide space between buildings as indicated on Exhibit A dated November 7, 2001 Conditions of Approval Conditional Use Permit No. C-01-195 Page 5 FENCES, HEDGES, AND WALLS .Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS Vehicular and/or pedestrian access shall be provided. COVENANTS AND AGREEMENTS (Unless otherwise noted, all covenants or.agreements will be prepared upon receipt of the fee indicated below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits.) PART E - CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS Comply with requirements of the attached Fire Service memorandum dated October 20, 2001, and notes on Exhibit A for fire hydrants and/or emergency access. (Contact Fire Prevention, 559/498-1023 for further information.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Development Department Director within 15 days. 4 October 22, 2001 To: Bob Lewis_ Development Department From: Bob Madewell, Traffic Planning, Public Works Department SUBJECT: TRACT 5007 (REVISED) SPECIAL UGM FEE DUE FOR WILLOW AND COPPER CONSTRUCTION The City of Fresno is undertaking a Nexus Study to determine an "Enhanced Major Street Zone"for both Willow and Copper Avenues in this area. This study will be used to determine fees due from remaining, undeveloped parcels within the UGM zones that currently use these facilities, generally described as Zone A, Zone E-1, Zone F, and Future Copper River. In addition, it may be found that parcels outside the City of Fresno are identified in this Nexus Study. This may reduce the cost to development in this area,based on these findings and the agreement with those governmental jurisdictions as to the collection of these fees. To those developments in the City of Fresno, this fee will be above the current UGM fees collected for other facilities in these zones. Based on preliminary staff estimates for the construction associated with these streets, and to complete a full 4 lane facility along Copper, from Friant to Willow, with curbs, gutters,2 travel lanes in each direction, and a raised/landscaped median island, and traffic signals, and to complete construction of the west side of Willow Avenue, from Copper to Herndon(which is in the City of Fresno Sphere of influence) with curb and gutter, the#3 southbound travel lane (outside travel lane)the 42 southbound travel lane (middle lane of a 6 lane facility) and '/z the cost of traffic signals at all major streets, the total cost of construction is $16,104,833. There are a total of 2,358 acres of residential, commercial, institutional uses remaining in the UGM zones east of Blackstone Avenue and north of Herndon Avenue which is estimated to produce approximately 430,841 vehicle trips per day into this area. All other necessary construction to these facilities would be proposed as candidates for grant projects since both of these roadways are considered transportation corridors on the County of Fresno Regional Transportation Plan. With the total cost to construct these facilities estimated at$16,104,833 and the number of vehicle trips estimated at 430,841,the cost per trip is $16,104,833/430,841 =$37.38 per trip. Therefore, based on this preliminary cost, this Tract Map of 449 proposed residential lots (1 unit per lot) equates to a total @ 10 vehicle trips per unit of 4490 vehicle trips. 4490 trips at$37.38 per trip=$167,836 in fees that this Tract Map would be responsible for under this proposed plan, and assuming this estimated cost at this time. The Nexus Study will be the legally binding document that will ultimately determine the cost to benefit ration, zone of influence, and cost analysis to each development and may alter this per trip amount. In an effort to better serve the interest of the community, and,to provide the necessary financing to construct the travel facilities along these roadways, it is proposed that an accelerated rate of two (2)times the standard trip rate of$37.38 per trip be collected per occupancy of any units built whether residential, commercial or institutional, for all development in the first 5 years of this process. The accelerated rate fee would be 2 x $167,836 (2 times its normal per trip rate) for a total of$335,672. This accelerated rate collected during the first 5 years will be used to build these roadways and to reimburse projects that construct actual facilities along these roadways when their construction is above and beyond their accelerated rate fee due. After the 5 year period, continuing development will be charged fees at the standard rates and final road improvements will be constructed and reimbursements will begin back to those persons who have paid over the standard rate to reduce their fees'back to the standard rate, based on the findings of the Nexus Study. Since it is anticipated that the remaining acreage in the Northeast area will be built out within 10 to 15 years,there should be no remaining reimbursements after 15 years and all reimbursements over the standard rates required will be paid, using funds collected from developments ongoing after the construction of these road facilities are complete. C:.ty of November 8, 2001, (Revised conditions from Oct. 18, 2001 conditions) TO: ROBERT LEWIS, Development Department TROUGH: BOB MADEWELL, Chief of Traffic Planning Public Works, Traffic Studies Division FROM: JOSE LUIS BENAVIDES, Engineer II Public Works, Traffic Studies Division SUBJECT: Tract 5007, Public Works Requirements Site Specific Conditions: General: Handicap access ramps are required at all corners within the limits of this tract. E. Plymouth Ave. (Street connection to Willow). This connection is approved with the standard design for a 54 ft. entrance. This street is subject to special conditions relating to its continued opening, predicated on the future of Willow Ave. When.Willow Avenue and the multi-purpose trail is constructed across this frontage, E. Plymouth way must be either closed, or, either an over or undercrossing for the trail must be constructed to accommodate trail users. The City of Fresno, working in conjunction with the Trails Coalition will seek public grants to accommodate the trail installation and the trail over or under crossing. It is anticipated that this section of Willow Ave. will not be constructed for approximately 5 +years. This condition is not a financial condition to the developer but is merely a condition of the continued use of E. Plymouth Way's connection to Willow Avenue. Major Streets: North Chestnut Avenue (82' Collector) within the limits of this tract: Dedicate right of way along North Chestnut Avenue to accommodate for a 82ft wide Collector street. Construct concrete curb & gutter, sidewalk, and 20ft of permanent paving. The sidewalk shall be constructed to a loft residential pattern. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Collector streets. Relinquish direct access to North Chestnut Avenue from lots 51 and 52. East Perrin Avenue within the limits of this tract: Dedicate right of way along East Perrin Avenue to accommodate for a Collector to Super Arterial approach (refer to attached Exhibit "X'). Construct an 80ft bus bay to City of Fresno Public Works Standard P-65; the 80ft shall be measured from the easterly limits of this tract to the West. Construct concrete curb & gutter, sidewalk, 20ft of permanent paving, and any transition pavement necessary for the completion of the street. The sidewalk shall be constructed to a loft residential pattern except that in front of the required 80ft bus bay, the sidewalk shall be a loft solid walk. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Collector streets. Relinquish direct access to East Perrin Avenue from lots 360 through 367, and 442 through 449. East Behymer Avenue within the limits of this tract: Dedicate right of way along East Behymer Avenue to accommodate for an Arterial to Super Arterial approach (refer to attached exhibit `B"). Construct concrete curb & gutter, sidewalk, 20ft of permanent paving, and any transition pavement necessary for the completion of the street. The sidewalk shall be constructed to a l Oft residential pattern. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Arterial streets. Relinquish direct access to East Behymer Avenue from all lots. Minor Streets: Interior: North Winery Avenue: Driveway approaches for lots 1 and 91 shall be limited to the southerly 30ft of said lots. Between East Behymer Avenue and East Brandywine Lane shall be a minimum of a 54ft wide street per Public Works Standards. North Fine Avenue: Driveway approaches for lots 107 and 108 shall be limited to the southerly 30ft of said lots. From East Behymer Avenue to a point 150 feet south shall be constructed to a minimum of a 54ft wide API standard street. All Interior Streets: Construct all curb, gutter, sidewalk (both sides), permanent paving, and underground street lighting system on all interior local streets. Sidewalk patterns to comply with Public Works API standards for 50ft and 54ft wide streets. Wherever street furniture is proposed or is existing within the proposed sidewalks a minimum of 4ft of unobstructed sidewalk path should be maintained to comply with ADA requirements. If necessary dedicate a pedestrian easement to accommodate for the 4ft minimum unobstructed path requirement. Handicap access ramps are required at all corners within the limits of this tract. UGM Requirements: This project falls within UGM Major Street Zone"F" East Perrin Avenue: t Construct the two center section travel lanes with permanent paving as shown on attached Exhibit "A" to complete the eastbound and westbound travel portions of East Perrin Avenue from the west limits of this tract to the intersection with North Willow Avenue. Construct a median island with integral colored stamped concrete to Public Works Standards to provide for a 250ft dual left turn lanes onto North Willow Avenue. Geometric design of the median island, and lanes shall be per attached Exhibit "A". Install 1-150 watt safety light at the northwest corner of East Perrin and North Willow Avenues for future traffic signal. East Behymer Avenue: Construct the two center section travel lanes with permanent paving as shown on attached Exhibit "B" to complete the eastbound and westbound travel portions of East Behymer Avenue from the west limits of this tract to the intersection with North Willow Avenue. Construct a median island to Public Works Standards to provide for a 250 feet dual left turn lanes onto North Willow Avenue. Geometric design of the median island, and lanes shall be per attached Exhibit "B". Install 1-150 watt safety light at the southwest corner of East Behymer and North Willow Avenues for future traffic signal. Pipe the existing FID canal across East Behymer Avenue. The piping of the canal across East Behymer shall be done to City of Fresno Standards. Special UGM Requirements: Pay Special UGM Fee for Willow/Copper Construction. Fee and conditions per attached Special Fee Document. If the developer prefers to not pay the special UGM fee, then the listed improvements for N. Willow Avenue, listed below, will be required. North Willow Avenue: Construct concrete curb & gutter, 32ft of permanent paving and a 4ft paved shoulder to complete the southbound travel lanes of North Willow Avenue within the limits of this tract. Except that from East Plymouth Way to a point 100ft north of East Plymouth Way it shall have an additional 2ft of paving (a total of 34ft of paving) to provide for a deceleration lane, refer to Exhibit "C" attached herein. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Arterial streets. Construct median islands to Public Works Standards to provide for 250ft dual left turn lanes at both, East Perrin Avenue and East Behymer Avenue. Construct any transition paving as necessary to complete the above intersections with the median islands. Obtain proper permits and approval from the County of Fresno/City of Clovis prior to commencing any work outside the City of Fresno limits. Within 'the limits of the tract, the developer shall landscape the westerly l Oft of the multi-purpose pedestrian/bike/equestrian trail along the west side of North Willow Avenue, in accordance with Plan Policy 3-4.6 of the Woodward Park Community Plan and the Master Multi-Purpose Trails Manual, revised using the special design for the Willow Trail per Public Works layout. Fresno AAA MUGry City of 1 I I I r z000 ff � Fire Department Bureau of Fire Prevention and Fire Investigative Services Michael E. Smith 450 M Street Fire Chief Fresno, California 93721-3083 559-498-1023 FAX#559-490-5273 www.ci.fresno.ca.us November 7, 2001 John Bonadelle Westcal, Inc. 2109 W. Bullard, Suite 101 Fresno, CA 93711 Dear Mr. Bonadelle: To confirm the agreement made at the October 25, 2001, Site Review Committee meeting, this letter will serve as notice that the Fresno City Fire Department will accept the extension of two 17 foot wide UGM center section travel lanes on North Cedar Avenue, from East Olympic Avenue, north to East Copper Avenue as a mitigation measure to constructing houses in Tract 5007 with sprinkler systems. It is understood that Tract 5000 must provide a second point of access and that the developer has two options to fulfill this requirement. 1. Extend the two 17 foot UGM center section travel lanes of East Olympic Avenue, west to the proposed North Millbrook Avenue alignment, then southwest along the proposed North Millbrook realignment to the existing North Millbrook Avenue. Construct transition pavement as required. 2. Extend the two 17 foot wide UGM center section travel lanes of North Cedar Avenue, from East Olympic Avenue, north to East Copper Avenue. Should the developer of Tract 5000 choose Option 1, Tract 5007 will be required to be fully sprinklered, or other mitigation measures provided as approved by the Fire Chief. If I may be of further assistance to you, please do not hesitate to call me. Sincerely, Joel Aranaz, Fire Marshal MrW J BONADELLE-TRACT 5007/ARANAZ c: Mike Schmidt, Senior Fire Inspector Date: September 21, 2001 To: Development Department Planning Division Robert Lewis From: Robert Alderete Site Inspector Solid Waste Subject: Tract Map 4007/UGM Comments: Solid Waste would require that all utilities, mail boxes, poles, etc. be placed as close as possible to each other at property boundaries in order to provide adequate space between containers on service days. If fences are installed, all gates must be a minimum of thirty six inches wide to allow for adequate clearance of containers. City of Fresno Omwcacftv 2000 DEPARTMENT OF PUBLIC WORKS Date: 28 September 2001 TO: ROBERT LEWIS, Planner III Development Department, Land`dfvision From: TEFFRA BELETE, Engineering Technician II Public Works Department, Engineering Division Through: ERIC FROBERG, Supervising Engineer Public Works Department, Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE MAP OF TRACT 5007/UGM Conditional use permit No. C-01-195. General The subject site is located at southwest corner of North Willow and East Behymer Avenues. Proposed zoning is R-1 /UGM. 178 single story residential subdivision lots are proposed on 27 acres. • The developer shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. Sanitary sewer A 10-inch TGM sanitary sewer is existing in Behymer, a 12-inch in East Perrin and an 8-inch in East Granada Avenues. Sanitary sewer facilities to serve the proposed tract shall be installed in accordance with Public Works design standards, policies, and specifications. • Extend 10-inch public sewer main easterly in East Behymer Avenue to the full tract frontage. • Provide separate house branch for each proposed parcel,.. Water service A 24-inch water main is existing in North Behymer, a14-inch TGM in East Perrin, and an 8-inch in East Granada Avenue. Water facilities to serve the proposed tract shall be installed in accordance with Public Works design standards, policies, and specifications. • Extend 24-inch TGM water main easterly to the intersection of North Willow and East Behymer Avenue. • Extend 14-inch TGM in East Perrin Avenue easterly to North Willow Avenue. • Install a 16-inch TGM water main at East Perrin in North Willow north to East Behymer Avenue c: Doug Hecker City of Fresno All-America City DEPARTMENT OF PUBLIC UTILITIES September 20, 2001 2000 VERIFICATION AND MONITORING PROCEDURE FOR THE AVAILABILITY OF PUBLIC SERVICES WITHIN THE WOODWARD PARK COMMUNITY PLAN Application: VESTING TENTATIVE TRACT NO. 5007; C-01-195 Location: Southwest corner of N. Willow and E. Behymer Avenues Project Description: 27.00 acres of"Urban Reserve"to a 178 lot single family residential subdivision Zoning (Acreage): Proposed R-1/UGM (27.00 acres) OVERALL PROJECT DENSITY The overall project density is approximately 6.6 (178/27) living unit equivalents (l.u.e.)per acre. The project's overall density is greater than the maximum of 5.0 l.u.e./acre. SANITARY SEWER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Sanitary Sewer Service, it has been demonstrated and determined that sanitary sewer service is available to this project in the Herndon/Cornelia Trunk Sewer subject to mitigation measures as described in the attachment. The average daily sanitary sewer flow contribution resulting from this project has been estimated at 52,332 gpd gallons per day. WATER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Water Service, it has been determined that an adequate source of potable water is available subject to mitigation measures as described in the attachment, to meet City, State, and Federal standards during periods of peak flow in the City water system serving the Woodward Park Community Plan area for this project including existing demand and all other approved development. The projected peak water demand resulting from this project has been estimated at 378 gallons per minute. This document is a determination of capacity available in the sanitary sewer and water systems. Conditions or requirements imposed as a result-of this finding are in addition to all other requirements set forth. This project shall further comply with applicable provisions of the City ordinance, adopted standards, and policies for extension and connection to the sanitary sewer and water systems. Martin R. McIntyre, Inter irector AVael Smi ire Chief Department of Public Utilit es Fire Department E:\WPFiles\Findings\TT5007pd attachment: Mitigation Measures for Sewer Service,Dated September 20,2001 Mitigation Measures for Water Service,Dated September 20,2001 c: Michael Abramson,Assistant Director Michael E.Smith,Fire Chief DEPARTMENT OF PUBLIC UTILITIES September 20, 2001 Application: VESTING TENTATIVE TRACT NO. 5007; C-01-195 Location: Southwest corner of N. Willow and E. Behymer Avenues Project Description: 27.00 acres of"Urban Reserve"to a 178 lot single family residential subdivision Zoning(Acreage): Proposed R-1/UGM (27.00 acres) Estimated Demand: 378 gpm (Peak Demand) Mitigation Measures for Water Service The property is located in an area of the Woodward Park Community Plan formerly designated as "Urban Reserve". This area was designated as such by the City Council due to the uncertain availability of urban services (domestic production/pressure). In light of water supply enhancement projects that have been completed, including the Metropolitan Water Resource Management Plan, and their effects on the water system, the Water Division conditions are as follows: The Tentative Tract Map No. 5007 and CUP for the site area is approximately 27 acres. The peak estimated water demand for the Tentative Tract Map is 378 gallons per minute for this project. Based upon the estimated demand we will require the following prior to occupancy for a specific development entitlement for this property: • Construction of a 24" Transmission Grid Main (TGM) in N. Behymer Avenue to N. Willow Avenue, a 16" Transmission Grid Main(TGM) in N. Willow Avenue from E. Behymer Avenue to E. Perrin Avenue, and a 14" Transmission Grid Main(TGM) in E. Perrin Avenue to N. Willow Avenue, all along the entire tract frontages. • Provide a minimum of two points of connection to the City water system. If phased development is proposed, this requirement shall apply to each phase and would preclude the use of double parallel mains to satisfy that requirement. • Dedication of a standard City well site(s) acceptable to the Water Systems Manager_ Dependent upon the availability of UGM funds and project timing, the developer may be required to construct a standard City well(s). The well(s) shall be capable of producing a minimum supply of twice their demand. • Occupancy may be conditioned upon completion of the aforementioned well(s) or the proposed surface water treatment plant. • Any existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. • Payment of water connection fees in effect at the time of entitlement. E:\WPFiles\Findings\TT5007w.FND.wpd DEPARTMENT OF PUBLIC UTILITIES September 20, 2001 Application: VESTING TENTATIVE TRACT NO. 5007; C-01-195 Location: Southwest corner of N. Willow and E. Behymer Avenues Project Description: 27.00 acres of"Urban Reserve"to a 178 lot single family residential subdivision Zoning(Acreage): Proposed R-1/UGM(27.00 acres) Estimated Demand: 52,332 gpd Mitigation Measures for Sewer Service The property is located in an area of the Woodward Park Community Plan formerly designated as "Urban Reserve". This area was designated as such by the City Council due to the uncertain availability of urban services (sanitary sewer system and treatment plant capacity). It has been determined that the 42-inch segment of the Herndon Trunk Sewer between Fresno Street and Howard Avenue will be impacted as a result of this project; therefore, the developer shall construct the following improvements prior to issuance of occupancy permits unless otherwise stated: • The developer shall be required to enhance (by pipe lining) the 42-inch segment of the Herndon Trunk Sewer between North Fresno Street and North Howard Avenue impacted as a result of this project. As an alternative to the above; • The City is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impacts on the sewer system. E:\W PFiles\Findings\TT5007s.FND.wpd City of Public Works Department City Hall 559-498-1602 Fresno 2600 Fresno Street, Rm.4019 Fresno, California 93721-3623 A9 CM October 18, 2001 2000 TO: ROBERT LEWIS, Development Department TROUGH: BOB MADEWELL, Chief of Traffic Planning Public Works, Traffic Studies Division ' FROM: JOSE LUIS BENAVIDES, Engineer IIs` Public Works, Traffic Studies Division SUBJECT: Tract 5007, Public Works Requirements Site Specific Conditions: General: Handicap access ramps are required at all corners within the limits of this tract. Major Streets: North Chestnut Avenue (82' Collector)within the limits of this tract: Dedicate right of way along North Chestnut Avenue to accommodate for a 82ft wide Collector street. Construct concrete curb & gutter, sidewalk, and 20ft of permanent paving. The sidewalk shall be constructed to a 1 Oft residential pattern. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Collector streets. Relinquish direct access to North Chestnut Avenue from lots 51 and 52. East Perrin Avenue within the limits of this tract.- Dedicate ract:Dedicate right of way along East Perrin Avenue to accommodate for a Collector to Super Arterial approach(refer to attached Exhibit"A"). Construct an 80ft bus bay to City of Fresno Public Works Standard P-65; the 80ft shall be measured from the easterly limits of this tract to the West. - 1 - D:\TRACT&PARCEL MAP REQUIREMENTS\tract5007.doc Construct concrete curb & gutter, sidewalk, 20ft of permanent paving, and any transition pavement necessary for the completion of the street. The sidewalk shall be constructed to a l Oft residential pattern except that in front of the required 80ft bus bay, the sidewalk shall be a l Oft solid walk. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Collector streets. Relinquish direct access to East Perrin Avenue from lots 360 through 367, and 442 through 449. East Behymer Avenue within the limits of this tract: Dedicate right of way along East Behymer Avenue to accommodate for an Arterial to Super Arterial approach(refer to attached exhibit `B"). Construct concrete curb & gutter, sidewalk, 20ft of permanent paving, and any transition pavement necessary for the completion of the street. The sidewalk shall be constructed to a l Oft residential pattern. Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Arterial streets. Relinquish direct access to East Behymer Avenue from all lots. Minor Streets: Interior: North Winery Avenue: Driveway approaches for lots 1 and 91 shall be limited to the southerly 30ft of said lots. Between East Behymer Avenue and East Brandywine Lane shall be a minimum of a 54ft wide street per Public Works Standards. North Fine Avenue: Driveway approaches for lots 107 and 108 shall be limited to the southerly 30ft of said lots. From East Behymer Avenue to a point 150 feet south shall be constructed to a minimum of a 54ft wide API standard street. All Interior Streets: Construct all curb, gutter, sidewalk (both sides), permanent paving, and underground street lighting system on all interior local streets. Sidewalk patterns to comply with Public Works API standards for 50ft and 54ft wide streets. Wherever street furniture is proposed or is existing within the proposed sidewalks a minimum of 4ft of unobstructed sidewalk path should be maintained to comply with ADA requirements. If -2- D:\TRACT&PARCEL MAP REQUIREMENTS\tract5007.doc necessary dedicate a pedestrian easement to accommodate for the 4ft minimum unobstructed path requirement. Handicap access ramps are required at all corners within the limits of this tract. UGM Requirements: This project falls within UGM Major Street Zone "F" East Perrin Avenue: Construct the two center section travel lanes with permanent paving as shown on attached Exhibit "A".to complete the eastbound and westbound travel portions of East Perrin Avenue from the west limits of this tract to the intersection with North Willow Avenue. Construct a median island with integral colored stamped concrete to Public Works Standards to provide for a 250ft dual left turn lanes onto North Willow Avenue. Geometric design of the median island, and lanes shall be per attached Exhibit "A". Install 1-150 watt safety light at the northwest corner of East Perrin and North Willow Avenues for future traffic signal. East Behymer Avenue: Construct the two center section travel lanes with permanent paving as shown on attached Exhibit `B" to complete the eastbound and westbound travel portions of East Behymer Avenue from the west limits of this tract to the intersection with North Willow Avenue. Construct a median island to Public Works Standards to provide for a 250 feet dual left turn lanes onto North Willow Avenue. Geometric design of the median island, and lanes shall be per attached Exhibit "B". Install 1-150 watt safety light at the southwest corner of East Behymer and North Willow Avenues for future traffic signal. Pipe the existing FID canal across East Behymer Avenue. The piping of the canal across East Behymer shall be done to City of Fresno Standards. Special UGM Requirements: North Willow Avenue: Construct concrete curb & gutter, 32ft of permanent paving and a 4ft paved shoulder to complete the southbound travel lanes of North Willow Avenue within the limits of this tract. Except that from East Plymouth Way to a point 100ft north of East Plymouth Way it shall have an additional 2ft of paving (a total of 34ft of paving)to provide for a deceleration lane, refer to Exhibit "C" attached herein. -3 - D:\TRACT&PARCEL MAP REQUIREMENTSAract5007.doc Construct an underground street lighting system per E-1 of Public Works Standards. Spacing and design shall conform to Public Works Standards for Arterial streets. Construct median islands to Public Works Standards to provide for 250ft dual left turn lanes at both, East Perrin Avenue and East Behymer Avenue. Construct any transition paving as necessary to complete the above intersections with the median islands. Obtain proper permits and approval from the County of Fresno/City of Clovis prior to commencing any work outside the City of Fresno limits. Within the limits of the tract, the developer shall landscape the westerly l Oft of the multi- purpose pedestrian/bike/equestrian trail along the west side of North Willow Avenue, in accordance with Plan Policy 3-4.6 of the Woodward Park Community Plan and the Master Multi-Purpose Trails Manual. -4- D:\TRACT&PARCEL MAP REQUIREMENTS\tract5007.doc SUPER ARTERIAL N. WILLOW AVE. N-► i N 67 N p t ti .'7 C4 4 247 1010 5 11 12 11 1 11 12 11510 10 151010 250 61 61 i + 1 820 Q COLLECTER I APPROACH i I i 120 W I 1 i 570 W 650 I I I I I 1 ' I I I 1 I 200 I 108 I 81 I 17 112!121 17 47 I 1 q7 SCALE N.T.S. COLLECTOR TO A SUPER REF.&REV. CITY OF FRESNO ARTERIAL APPROACH TT 5007 EXHIBIT "A" SUPER ARTERIAL N. WILLOW AVE. �'- ► 67 N C N 4� 71 , 1 t T � 4 10105 11 12 111 11 12 11 51010 250 61 61 I I ii I� 120 I ARTERIAL i I '� 620 W APPROACH 13' 13 1 I � I 250 I I 250 I 1 I I 10 I I to s I I s ss 1 17112 12117 1 - 11551 111 15511 SCALE N.T.S. ARTERIAL TO SUPER REF.&REV. CITY OF FRESNO ARTERIAL APPROACH TT 5007 EXHIBIT "B" I I I � I 60 152 ' 8 12 112 , I I � I � I O 60 I I � a � I I � I a w I q I w � 58 I p a I 100 I 154 I o 10 I 1 20 f H I I , I EAST PLMOUTH 40 ► WAY I I I I 60 152 N.T.S. REF. & REV. CITY OF FRESNO EXHIBIT "C" TT 5007 City of Fresno Cinawn �I I/ Cs�d rnC�0i-iL.-%1 2000 DEPARTMENT OF PUBLIC WORKS Date: 28 September 2001 TO: ROBERT LEWIS, Planner III Development Department, Land division From: TEFFRA BELETE, Engineering Technician II Public Works Department, Engineering Division Through: ERIC FROBERG, Supervising Engineer Public Works Department, Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE MAP OF TRACT 5007/UGM Conditional use permit No. C-01-195. General The subject site is located at southwest corner of North Willow and East Behymer Avenues. Proposed zoning is R-1 /UGM. 178 single story residential subdivision lots are proposed on 27 acres. • The developer shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. Sanitary sewer A 10-inch TGM sanitary sewer is existing in Behymer, a 12-inch in East Perrin and an 8-inch in East Granada Avenues. Sanitary sewer facilities to serve the proposed tract shall be installed in accordance with Public Works design standards, policies, and specifications. • Extend 10-inch public sewer main easterly in East Behymer Avenue to the full tract frontage. • Provide separate house branch for each proposed parcel, Water service A 24-inch water main is existing in North Behymer, a14-inch TGM in East Perrin, and an 8-inch in East Granada Avenue. Water facilities to serve the proposed tract shall be installed in accordance with Public Works design standards, policies, and specifications. • Extend 24-inch TGM water main easterly to the intersection of North Willow and East Behymer Avenue. • Extend 14-inch TGM in East Perrin Avenue easterly to North Willow Avenue. • Install a 16-inch TGM water main at East Perrin in North Willow north to East Behymer Avenue c: Doug Hecker File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami, Chief Engineering Tech.WESTCAL, INC. Development Services Department 2109 W. BULLARD, STE. 101 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5007 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " R - DRAINAGE AREA R $620,477.00 DATE 7 DRAINAGE AREA - - TOTAL FEE $620,477.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee Z indicated above is based on the tentative map. Contact the FMFCD project engineer prior to O 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 deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that O typical for the zone district under which the development is being undertaken and if O 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. 5007 XIS 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,August 1999 (available at the District Office.) A State General Construction Permit is required for all clearing, grading, and disturbances to the. ground that result in soil disturbance of at least five acres(or less.than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board),'develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. Under the Phase II federal storm water quality regulations a State General Construction Storm Water Permit will be required for all activities that disturb one acre no later than November, 2003. Z b. State General Permit for Storm Water Discharges Associated with Industrial O Activities, April, 1997 (available at the District Office.) A State General ■ Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to O be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5007.xis 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXIIIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance,will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. The required eighteen-inch(18")storm drain line in Perrin Avenue,as shown on Exhibit No. 1 has also been required of the Developer of Tract 4911. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. A twenty-foot (20') storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including,but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5007 engr\permi t\exhibi ts2\tract\5007 NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. J BEHYMER AVE. L 42" 24 0r \�-----_------ > I 1` Q I I I I I I � I W I � I > I� I I I tC I I 1 I I I I D I � Q I � >" I V) !' w = I 24" I I 24" i U ------------ ---------7 I � � I -=----� I I I � I I I I I I I I I I � I I I I I I I I I I � I I I SCALE 1"= 400' / i / I O r I �1 I J I I I I 24" s-! 15 LEGEND L PERRIN AVE. i MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER — PIPELINE (SIZE SHOWN) & INLET. —— EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY --- DRAINAGE AREA BOUNDARY TRACT 5007 DRAINAGE AREA: nR" & "AQ" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT rnrc.oK 094610i M:\DWGS\OEXHIBITS\TRACTS\5007.DWG Kr. File No.210.413 i FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 'S NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Rayburn Beach, Senior Planner WESTCAL, INC. 0 Development Services Department 2109 W. BULLARD, STE. 101 C City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2001-195 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) it R - DRAINAGE AREA R it $620,477.00 DATE DRAINAGE AREA - APN 568-020-69 TOTAL FEE $620,477.00 ADDRESS SWC BEHYMER& WILLOW The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance Z prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee O indicated above is valid through February 29, 20 02 based on the site plan submitted to the District on 09/21/01 Contact FMFCD for a revised fee in cases where changes are ■ made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that O typical for the zone district under which the development is being undertaken and if j 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. AD d) The actual cost incurred in constructing Master Plan drainage system facilities is Ul credited against the drainage fee obligation. 2001-195.xlss 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document _ FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency. X See Exhibit No. 1, see Paragraph No. 7. None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval. X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 2001-195 As 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination C System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, August 1999 (available at the District Office.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least five acres (or less than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water.pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. Under the Phase II federal storm water quality regulations a State General Construction Storm Water Permit will be required for all activities that disturb one acre no later than November, 2003. Z b. State General Permit for Storm Water Discharges Associated with Industrial O Activities, April, 1997 (available at the District Office.) A State General ■ Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste O management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to C be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2001-195 As 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document - FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. I!Fra'lcf-E7Ca-keniin,, istrict Engineer Project Engineer: Ken ang C: EDWARD D. DUNKEL & ASSOCIATES 875 W. ASHLAN, STE. 102 FRESNO, CA 93612 2001-195.xls 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance,will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. The required eighteen-inch(18")storm drain line in Perrin Avenue, as shown on Exhibit No. 1 has also been required of the Developer of Tract 4911. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. A twenty-foot(20')storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. CUP 2001-195 engr\permit\exhibit2\city-cup\2001-195 NOTE: THIS DRAWING 1S SCHEMATIC, _ DISTANCES ARE APPROXIMATE. J BEHYMER AVE. 42 24 m 114LT w I 1` Q I I � I I � I I i I I N > Q I 1I I U 11 I I I I I I I I D a N w = I 24" 24" ----r- / I I I I I I I I 1 I I I I I I I i I I I � I I SCALE 1"= 400' f I I I I I 24" 18"I I 15" LEGEND PERRIN AVE. F�MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. — — EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES �- - DIRECTION OF DRAINAGE ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY CUP 2001-195 EXHIBIT N0. 1 DRAINAGE AREA: "R" & "AQ" � FRESNO METROPOLITAN FLOOD CONTROL DISTRICT TAYL09 09-26-01 61:\DWCS\OEXHIBITS\CITYCUP\2001-195.DWC e- DUNKEL ASSOCIATES mom ENGINEERING & SURVEYING November 6, 2001 Mr. Nick Yovino, Director NAV Q r 200 City of Fresno Planning Department 2600 Fresno Street Fresno, California 93721Oyv`- u. Subject: Tentative Tract No. 5007 Dear Mr. Yovino, This letter is written on behalf of the applicants for the subject project, in order to clarify the Conditions of Approval. Condition No. 21 requires that we construct or secure the improvements for the entire 60' wide Sugar Pine Trail area, unless grant funds are available. Condition No. 61 requires the payment of the Special U.G.M. Fee for Willow and Copper Avenues. It is our understanding that this fee includes the cost of constructing all but the westerly 20' of the Sugar Pine Trail. Therefor, if it is determined that there are no grant funds available and we must build the entire 60' width of the Sugar Pine Trail with this project, we would expect that the cost of all but the westerly 20' would be credited against the Special U.G.M. Fee. Thank you for your consideration of this matter. Sincerely, aie&ters4onWC� Dunkel Associates LP/jp 00-012j.let 875 W. Ashlan Ave., Suite 102 • Clovis, California 93612 • 559-291-0427 • 559-291-7627 FAX NUV—OT—�Ut�1 t�y:4y TR1516LH K65 PROJ 559 5962992 P.01/01 FAX TRANSMITTAL Yorpag. To FromDe J --M(, Ni p 0V nl gency 111w 10 DATE, November 7, 2001 Fgx A Fax# 50'89-101 SUBJECT: Proposed Westcal Inc. Subdivision. pEN6RAL SERVICES ADMINISTRATION TO: Fresno City Planning Commission FROM: Ray Xokomi, Homeowner (�t � 2553 E. Granada Ave. Fresno (Tel: 559.322.9003) (, After review of the proposed development by WestCal in the meeting notice for the Planning Commission Hearing scheduled for Nov. 7, 2001, 1 am very concerned about the increased traffic on Granada Avenue to access the new elementary school on Chestnut Avenue and the high density of houses in the proposed tract. In Granville Estates, Granada Avenue has a sidewalk only on one side of the road. Because I may not be able to attend tonight's hearing, I am writing this memo to voice my concern. I wish the Planning Commission would consider altering the proposed development plan to close off Granada avenue at the Granville Estate/Westcal boundary. Westcal's development can access schools, shopping and commute routes by using other surface streets already provided in the plan by Westcal. If this is accomplished, I feel the safety and security of both neighborhoods would be maintained. I know that nay neighbors share this feeling with me. Tonight's meeting notice is the first I have heard of this new development plan. If I had known details earlier, I would have voiced much stronger concerns and opposition. However, after talking to Mr. Robert Lewis this morning, I understand that this is no longer an option. Thank you for your consideration. PRR9�F0 VIU NOV 07 2001 Planning Division Development Department CITY OF FRIWSNO TOTAL P.01 kATE QW OAuFORNIA•BUSINESS,TRANSPORTA7 AND HOUSING AGENCY POSi`iN Fax Nate 671 DEPARTMENT OF TRANSPORTATION Ya . -:7 C 1352 WEST OLIVE AVENUE, P.0. BOX 12616 FRESNO, CA 93778-2616 Pnono r Phono a TDO (559)488-4066 Fax 4 Fax# Q OFFICE (559)444-2583 FAX (559)488-4088 February 28, 2001 2131-IGR/CEQA 6-FRE-41-31.6+ A-01-01, R-01-02 Mr. Mike Sanchez City of Fresno Planning Division 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the proposed development for 450 lots located at the southwest comer of Willow and Behymer Avenues. Caltrans has the following comments: According to the ITE trip generation manual, a development of this size will generate about 455 peak hour trips. It is anticipated that a considerable amount of these project generated trips will impact the State Route (SR) 41 interchanges at Friant Road and Herndon Avenue, Due to the rapid development; occurring near these interchanges, the traffic demand has begun to exceed the capacity of these facilities. A traffic impact study (TIS) is needed to assess the project-related impacts on the SR 41 interchanges at Fdant Road and Herndon Avenue. The scope needs to be sent to Caltrans before the traffic study is conducted. The TIS needs to follow the Caltrans Guide for the Preparation of Traffic Impact Studies, dated January 2001 . Please send a response10- our_:comments prior to staffs recommendations to the Planning Commission and the City Council. Questions regarding the above comments need to be referred to William Bigbee, Transportation Engineer, at (559) 445,5065. If you have any other questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 STATE OF CALIFORNIA-BUSINESS,TRANSPORN AND HOUSING AGENCY GRAY DAVIS,Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P. O. BOX 12616 tl® FRESNO, CA 93778-2616 TDD (559)488-4066 OFFICE (559)444-2583 IRE- Tj CEI ED FAX (559)488-4088 1�L'�l� 1 v April 10, 2001 APR 12 2001 2131-IGR/CEQA DEVELOPMENT DEPARTMENT 6-FRE-41-31.6+ CITY OF FRESNO WESTCAL PROJECT TRAFFIC IMPACT STUDY Ms. Shelby Chamberlain City of Fresno Planning Division 2600 Fresno Street Fresno, CA 93721-3604 Dear Ms Chamberlain: We have completed .our review of the Traffic Impact Study (TIS) for the 451 single farnily dwelling units located west of Willow between Behymer and Perrin. Caltrans has the following comments: The study estimated that this development would generate approximately 339 AM peak hour trips and 455 PM peak hour trips. The analysis further estimated that 19% (87 trips) would utilize SR 41/Friant Road, 5% (19 trips) would utilize SR 168/Herndon Avenue, 1% (5 trips) would utilize SR 168/Bullard Avenue during the PM peak hour, and none would utilize SR 41/Herndon Avenue. Due to the development growtf�Eexcee—Jing that which was planned in 1984, the traffic ., demand at the SIR 41 intercfianges "--at Friant Road and Herndon Avenue have exceeded the capacity. Consequently, Caltrans has initiated projects that attempt to address the main capacity deficiencies at these interchanges. At meeiings held earlier with the City of Fresno and the developer it was discussed that the developer would only trace trips to nearby State Facilities and that the City would put together a mitigation fee plan to address the cumulative traffic impacts. However, our office has yet to be provided a mitigation fee program from the City of Fresno. In the absence of an established mitigation fee program, we would recommend that the project contribute its fair share for the interchange improvements. Ms. Shelby Chamberlain April 10, 2001 Page Two Westcal Project A pro-rata cost of $1 ,700 per peak hour trip has been established for impacts to SR 41/Friant Road interchange; hence, the project's pro-rata cost at this interchange would be $147,900. The TIS for this project should satisfy the nexus study issue/concern for the City of Fresno and thus provides an individual project nexus as allowed under CEQA to mitigate project related impacts to State highways. We appreciate the opportunity to work cooperatively with City staff in resolving these matters in the best interest of the development community without further jeopardizing the concerns of the general motoring public. Please forward staff's recommendations for conditions of approval on this project prior to City Council approval. If you have any questions, please call me at (559) 445-6666. Sincerely, Jm MOSES STITES Office of Transportation Planning District 6 STATE OF CMJFORMU-BUSINESS.TRANSPORTA AND HOUSING AGeJcY WAY DAMS Goverttor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 TDD (559)488-4066 OFFICE (559)445-6666 FAX (559)488-4088 ►men r­2 r a '1 April 17, 2001 f.^'R 2 0 r ^ 2131-1GR/CEQA 6-FRE-4I-GEN Mr. Nick Yovino, Director City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Dear Mr. Yovino: New information has come to our attention that we believe should be shared with City staff and the Planning Commission. It is highly probable that past traffic studies to develop the City of Fresno General Plan were based on errant modeling information. Specifically, the River Park development appears to have been identified as commercial (office) rather than commercial (retail). Since the City has taken the position that previous traffic studies have adequately addressed traffic in northeast Fresno and that updates of those studies are unnecessary, this new information renders this previous position invalid. We ask that you consider having the following projects prepare a complete traffic impact study to address local and State highway traffic: Westcal Project, TT #5007; Cambridge Homes, Tract #4979; McCaffrey, Tract #4903; Granville, VTM/Tract zv #4868; and Bonnadelle,-TT#-1 f rt Should you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C: Bob Madewell OFFICES OF I�P��I �I(ATIOI�T �I►=�RaIC�T� PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE " -- FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water September 28, 2001 Mr. Robert Lewis City of Fresno Development Department Building and Safety Services Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 SUBJECT: VTM No. 5007/UGM, CUP No. C-01-195 —FID's Maupin No. 118 Canal Dear Mr. Lewis, FID's comments and requests are as follows: 1. FID's Maupin No. 118 Canal traverses the subject property as pipeline and open canal as shown on the enclosed map. 2. FID requests that the applicant grant an exclusive pipeline easement to FID and pipe the Maupin No. 118 Canal across the proposed development in accordance with FID standards, and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine -the pipeline alignment and required pipeline diameter. 3. FID requests that the applicant grant an exclusive pipeline easement to FID for the previously piped portion of the Maupin No. 118 Canal. 4. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 5. FID requests that the applicant be required to submit a grading and drainage plan for FID approval which shows that the proposed development will not result in drainage patterns that will adversely affect FID or the applicant. 6. FID requests that -the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. FILE: agencies\city\VTM5007UGM_C-01-195 BOARD OF President EDGAR WALDRON,Vice-President EDDIE NIEDERFRANK,SAYRE MILLER DIRECTORS JEFF BOSWELL.JACOB C.ANDRESEN,General Manager GARY SERRATO September 28, 2001 Mr. Robert Lewis Page 2 of 2 Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317. Sincerely, FRESNO IRRIGATIO ISTRICT Bret Johnson Engineering Technician I BJ: vvs Enclosures FILE: agencies\city\VTM5007UGM_C-01-195 AVL CAL I N C O R P O R A T E D May 21, 2001 MAY 2 2 2001 planning Division Mr. Nick Yovino peveloprnent Department Development Department Director CfTY OF FP i. City of Fresno 2600 Fresno Street Fresno, CA 93721 Reference: Tentative Tract 4911 and 5007 Dear Mr. Yovino: This letter is written in response to the meeting in your office this morning with you and representatives from California Department of Transportation, Mr. Allen McCuen and Mr. Marc Birnbaum, and to their letter dated May 21 st, 2001 withdrawing the appeal on the map referenced above. Westcal, Inc. volunteers to pay the City of Fresno $250.00 per net acre reimbursable fee subdivision referenced above. Said fee will be payable at the time of building permit and in such amount to be determined by the following formula; $250.00 net acres divided by 620 lots. Please feel free to contact me if you have any questions. TXhank Gt ohn A. Bonadelle JAB/ld Corporate Address: 2109 West Bullard Avenue, Suite 101. Fresno, California 93711 • (559) 435-0900 Mailing Address: Post Office Box 5178,Fresno, Cal Torn a 93755 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis, Planner III Development Department FROM: DIANE WETZEL,Tree Program Specialist(498.4908) HILARY KIMBER, PARKS SUPERVISOR I(498-4915) DATE: October 5,2001 Subject: Vesting Tentative Subdivision Map T-5007,Located on the west side of North Willow between E. Behymer and E.Perrin. The Parks Department has reviewed the Tentative Subdivision Map proposed by Westcal, Inc. on engineering drawings plans prepared by Edward Dunkle and Associates, dated April 18, 2001. The Parks Division offers the following comments regarding the street tree, and buffer/parkway strip conditions ... STREET TREE REQUIREMENTS A. Streets within this subdivision that are to be constructed at 50' in width require that adjacent sidewalks be constructed. Per Council Resolution#98-129,the developer is exempt from the street tree requirements as normally required in subdivisions. DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT B. The developer may landscape for inclusion into the Community Facilities District(CFD),the landscape strip and right-of-way on N. Willow,Quercus wizlizenii,on E. Perrin Avenue, and on E. Behymer 1. 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 as well as 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. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. The street tree species for N. Brawley shall be Ginkgo biloba (Maidenhair Tree). 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 l'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 of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way,within the city-controlled easement or on the fence or wall facing the street. Parks Recreation and Community Services Department comments on T-5007,C-01-195 October 15,2001 MULTIPURPOSE TRAIL C. The developer shall design and construct the multipurpose trail corridor in accordance with Parks Division specifications. A cement block wall shall be required between the residential lots and the trail corridor. The street tree species to be used adjacent to the Willow Avenue curb shall be Quercus wizlizenii (Interior Live Oak.) ENVIRONMENTAL ASSESSMENT D. The nearest regional park to the site is Woodward Park. The nearest neighborhood park is Selma Layne Park, located at Maple and Shepherd. An additional neighborhood park is proposed at the intersection of Maple and Perrin. This project is consisted with the Parks Master plan. Fresno Au-Am "ca CM City Hall 559-498-1602 Public Works Department '2600 Fresno Street,Rm, 4019 Fresno,California 93721-3623 October 22, 2001 TO: BOB LEWIS, Planning Division, Development Department FROM: BOB MADEWELL, Traffic Planning, Public Works 911� SUBJECT: TRACT 5007, MODIFICATIONS TO THE SUBDIVISON CONDITIONS RELATING TO WILLOW AVENUE During the SRC meeting with the developer of Tract 5007 on Thursday October 18, 2001, conditions were required by the Public Works Department which required this developer to construct portions of Willow Avenue from Behynmer to Perrin Avenue. These included constructing the#3 and#2, southbound travel lanes, curb and gutter,and street lights. After discussing this issue further with our Director, and other Public Works Staff, it was felt that the gains by this developer in placing these two lanes at this time, with no matching work either on the existing road area of Willow Avenue, and no proposed work on the east side of Willow, which remains in the County, would not create enough benefit at this time to warrant the expenditure for construction. Based on this,we are requesting a modification to the condition to remove the requirements of construction on the Willow Avenue at the frontage and median island nose construction. However, we are asking that the Willow/Copper Special UGM fee be imposed on this development as has been recommended for developments in the northeast area. I have attached a memo depicting the requested costs for this development and suggest that this memo be made a condition of approval for this development. All other conditions as stated in the document presented on Oct. 18, 2001, remain. The construction on both Behyrner and on Perrin must be completed to, and including the curb returns connecting at Willow Avenue, complete with 150 watt safety light installation. If you should have any further questions, Please call me at x-1609. Cc: Jose Benavides,Traffic Planning John Bonadelle Jr.,Bonadelle Homes Jerry DeYoung,Cal-- ------ FRESNO YOSEMITE I n t e r n a t i o n a l A i r p o r t s4 L, ��lad E�.l � �,:�.' SEP 2 8 2001 DATE: September 28, 2001 ADMINISTRATION DEVELOPMENT DEPARTMENT TO: ROBERT LEWIS, Planner III CITY OF FRESNO Development Department/planning FROM: DANIEL J. YRIGOLLEN, Airports Projects Supervisorp-____ SUBJECT: VESTING TENTATIVE MAP OF TRACT 4007/UGM, CONDITIONAL USE PERMIT NO. C-01-195 Department of Transportation anticipates no adverse impacts on Fresno Yosemite International Airport or Fresno-Chandler Downtown Airport. C:File, JAEntMement Review\Tract 4007 C-01-195.wpd Street Name Checks TM-5007 9-28-01 Street Name Status Recommended Change East Beh mer Avenue Good "A"Avenue Chane East Brand wine Lane "B"Avenue Chane East Brand wine Lane "C" Avenue Chane East Revere Road "D" Avenue Chane East Revere Road "E"Avenue Chane East Emerald Avenue "F" Avenue Change East Plymouth Way East Granada Avenue Chane East Pl mouth Way: off of Willow East Granada Avenue Chane East Palisade Drive: between Paula and Ann "G"Avenue Change East Granada Avenue East Waterford Avenue Good East Solar Avenue Good East Eclipse Avenue Good East Perrin Avenue Good North Chestnut Avenue Good North Winery Avenue Good North Paula Avenue Good North Fine Avenue Good "H" Avenue Chane North Richelle Avenue North Richelle Avenue Chane North Ann Avenue North Willow Avenue Good City of ICIMCdMI LUQ ; rnK=-z:s 449 Development Dei3artment 2600 Fresno Street 4i Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 498-1591 FAX (559) 488-1020 October 19, 2001 Please Reply To.- Robert o:Robert Lewis (559) 498-4462 Les Peterson Edward D. Dunkel and Associates 875 West Ashlan Avenue, Suite 102 Clovis, California 93612 Dear Mr. Peterson: SUBJECT: PRELIMINARY DETERMINATION OF THE ISSUANCE OF A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. C-01-195 A preliminary determination has been made that a significant adverse effect on the environment will not result from the project described on the attached checklist. A copy of the Negative Declaration has been filed with the Fresno City Clerk. The Negative Declaration indicates that an Environmental Impact Report (EIR) need not be prepared for the project and that all requirements of the California Environmental Quality Act (CEQA) and the Fresno Environmental Quality Ordinance have been met. Any entitlement applications (rezoning, site plan review, etcetera)that you have filed for this project which have not already been completed will be processed as soon as possible. Information concerning such applications will be sent to you separately. You should be aware that the Negative Declaration does not imply approval of any related applications. Any moderate environmental effects that have been identified on the Environmental Checklist may be considerations in the evaluation of related applications. Pursuant to CEQA, a notice of intent to prepare a declaration of a Negative Declaration was published on October 18, 2001, initiating a 20-day review and comment period. All comments are required to be filed with the Development Department no later than November 7, 2001. This notice also initiates a 15-day appeal period in accordance with the Fresno Municipal Code. All appeals must be filed no later than November 2, 2001. In the event of an appeal, final action on any related entitlement applications will be delayed until after a hearing before the Fresno City Planning Commission. Les Peterson Page 2 October 19, 2001 If you need further assistance, please feel free to call this Department. Sincerely, PLANNING DIVISION Robert Lewis Planner III rc1\L Arclfiles\EALTRC-01-195 c: Westcal, Inc. CITY OF FRESNO MITIGATED NEGATIVE DECLARATION Initial Study is on file in the Development Environmental Department, City Hall, 2600 Fresno Street, Assessment Number: Fresno, California 93721 (209) 498-4441 C-01-195 - APPLICANT: Assessor's Parcel ' Bonadelle Development Corp Number: DeYoung Communities por 568-020-69 2109 West Bullard Avenue, Suite 101 Fresno, California 93710 PROJECT DESCRIPTION AND LOCATION: Conditional Use Permit Filed with: No. C-01-195, a 178-unit, single-family residential planned REBECCA E. KLISCH, City Clerk development, located on 27 acres of R-1 zone property of a 90.6 acre 2nd Floor - City Hall subdivision (TT-5007) located on the southwest corner of North Willow 2600 Fresno Street and East Behymer 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: VBN�B BY: Robert Lewis, Planner III DATE: October 18, 2001 E C Planning Manager MND ENVIRONMENTAL CHECKLIST EA No. C-01-195 Potential Environmental Effects 1.0 TOPOGRAPHIC SOIL GEOLOGIC 1 11.7 Availability of storm water drainage facilities CONSIDERATIONS (on or off-site) 1 1.1 Geologic hazards,unstable soil conditions 1 11.8 Availability of adequate park and recreation 1 1.2 Adverse change in topography or ground surface relief areas 1 1.3 Destruction of unique geologic or physical features 1 11.9 Unusually high solid waste generation 1 1.4 Increased water erosion 12.0 HAZARDS 2.0 AIR QUALITY 1 12.1 Risk of explosion or release of hazardous subst 2 2.1 Substantial indirect source of pollution 1 12.2 Site subject to flooding 1 2.2 Direct on-site pollution generation 1 12.3 Adverse change in course of flow of flood wate 1 2.3 Generation of objectionable odors 1 12.4 Potential hazards from aircraft accidents 1 2.4 Generation of dust except during construction 1 12.5 Potential hazards from landfill and/or 1 2.5 Adverse local climatic changes toxic waste sites 3.0 WATER 13.0 AESTHETICS 2 3.1 Insufficient ground water available for long-term project use 1 13.1 Obstruction to public or scenic vista or view 2 3.2 Use of large quantities of ground water 1 13.2 Creation of aesthetically offensive conditions 1 3.3 Wasteful use of ground water 1 13.3 Removal of street trees or other valuable vegeta 1 3.4 Pollution of surface or ground water supplies 1 13.4 Architectural incompatibility with surrounding 2 3.5 Reduction in ground water recharge 14.0 HISTORICAL/ARCHAEOLOGICAL 4.0 PLANT LIFE 1 14.1 Removal of historic building, disruption of 1 4.1 Reduction of the numbers of any unique,rare,or endangered archaeological site species 1 14.2 Construction or activity incompatible with adja 2 4.2 Reduction in acreage of agricultural crop historic site o 1 4.3 Premature or unnecessary conversion r7prime agricultural land 15.0 ENERGY 1 15.1 Use of substantial amounts of fuel or energy 5.0 ANIMAL LIFE 1 15.2 Substantial increase in demand upon existing sources of energy 1 5.1 Reduction in the numbers of any rare,unique,or endangered 1 15.3 Wasteful use of energy species 1 5.2 Deterioration or displacement of valuable wildlife habitat Explanation of Ratings 1 6.0 HUMAN HEALTH--Potential for causing illnesses 11019 Insufficient Information 7.0 NOISE Insufficient information is available for this category 1 7.1 Increases in existing noise levels and project to determine the potential environmental 1 7.2 Exposure to high noise levels effects which may result from the proposed project. 8.0 LIGHT AND GLARE 111" No Significant Environmental Effect 1 8.1 Production of glare, which will adversely affect residential areas 1 8.2 Exposure of residences to high levels of glare In this category, the proposed project will not have an adverse environmental effect, or any such effect 9.0 LAND USE is not substantially unusual or of undesirable 2 9.1 Incompatibility with adopted plans and policies magnitude. This rating is also utilized in cases where 1 9.2 Acceleration of growth rate the category is not applicable to the particular 1 9.3 Induces unplanned growth project under consideration. 2 9.4 Adverse change in existing or planned area characteristics 11211 „ 2 Moderate Environmental Effect 10.0 TRANSPORTATION AND CIRCULATION 2 10.1 Generation of vehicle traffic sufficient to cause capacity In this category, the proposed project could have deficiencies on existing street system an adverse environmental effect which is of sufficient 2 10.2 Cumulative increase in traffic on a major street for which magnitude to be of some concern. However, capacity deficiencies are projected this effect is not substantial enough in itself to require 1 10.3 Specific traffic hazard to motorists,bicyclists, or pedestrians preparation of an Environmental Impact Report,and 1 10.4 Routing of non-residential traffic through residential area is mitigable through project changes and conditions. 1 10.5 Insufficient or poorly located parking 1 10.6 Substantial increase in rail and/or air traffic "3" Significantly Adverse Environmental Effect 11.0 URBAN SERVICES The environmental effect identified in this category 2 11.1 Availability of fire protection substantiates in itself, or contributes toward, a finding 1 11.2 Lack of emergency vehicle access the proposed project has a potentially significant adve 1 11.3 Adequacy of design for crime prevention effect on the environment sufficient to require the 2 11.4 Overcrowding of school facilities preparation of an Environmental Impact Report. 2 11.5 Availability of water mains of adequate size 2 11.6 Availability of sewer line and sewage treatment capacity INITIAL STUDY Environmental Assessment No. C-01-195 PROJECT DESCRIPTION Conditional Use Permit No. C-01-195 is a proposed 178-unit, single-family residential planned development, located on 27 acres of R-1 zone property of a 90.6 acre subdivision (TT-5007) located on the southwest corner of North Willow and East Behymer Avenues. Tentative Tract No. 5007 filed by Westcal, Inc. pertaining to 94.82 net acres of real property located on the west side of North Willow Avenue between the East Behymer and East Perrin Avenue alignments. Tentative Tract No. 5007 proposes to subdivide the subject property at a maximum density of 4.98 units per acre which would allow 451 single-family residential lots (net after major street dedications). The planned development proposes to allow for reduced lot widths ranging from 50 feet to 56 feet and front yards reduced to 18 feet. The project proposes no other changes to the R-1 zone district development standards. Bordering Property Information Planned Land Use Existing Zoning Existing Uses North: Agriculture/Urban Reserve AL-20 (County) Rural Residential & Agriculture Public/Quasi Public Facilities AE-20/UGM Surface Water Treatment Plant South: Medium-Low Density Residential R-1/UGM(Pending) Proposed Single Family residential East: Agriculture/(County) AE-20 (County) Agriculture Limited Industrial/(County) AE-20 (County) Derrel's Mini Storage West: Medium-Low Density Residential R-1/UGM Single-Family Residences Public/Quasi Public Facilities AL-20 (County) Proposed Elementary School Site Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. Approval of the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. 1.0—TOPOGRAPHIC. SOIL, GEOLOGIC CONSIDERATIONS There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining property owners. 2.0—AIR QUALITY; 2.I—Substantial Indirect Source of Pollution Fresno County is within the eight-county San Joaquin Valley Air Basin for which the San Joaquin Valley Unified Air Pollution Control District has been created as the governmental agency responsible for the INITIAL STUDY EA No. C-01-195 Page 2 October 18, 2001 monitoring and regulation of air pollutant emissions from stationary, indirect and mobile sources within the air basin. The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) has commented that intensified urban development of the project site will contribute to the creation of additional air quality contaminant constituents. These include ozone (photo-chemical smog) precursors and PM10 (dust). In the past air quality conditions were also found to exceed the carbon monoxide standards at sites (hot spots) within the Fresno-Clovis Metropolitan Area. It should be noted that the SJVUAPCD staff has indicated that the Fresno-Clovis area has recently been designated as an attainment area for carbon monoxide pollutants per state ambient air quality standards. , The Air District has suggested that the URBEMIS 7G computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model indicated that vehicular trips generated by the proposed uses might generate emissions approximating 4.24 tons/year of ROG(Reactive Organic Gasses), 1.73 tons/year NOx (Nitrogen Oxides), 1.40 tons/year CO (Carbon Monoxide), and 0.01 tons/year PM10 (Particulates). The SJVUAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations and strategies. In addition, the construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a number of strategies to improve air quality including a transportation control strategy and a vehicle inspection program. The Air District has recommended the application of numerous mitigation measures to the proposed project which may reduce the generation of air pollutants. These measures have also been included in the previous Environmental Assessment Mitigated Negative Declaration No. A-95-11 (Woodward Park Community Plan Urban Reserve Policy Amendment) and are hereby cited and incorporated herein by reference. It is also noted that the Woodward Park Community Plan major street design standards and bikeway plans provide for the most thorough distribution of alternative transportation improvements of any portion of the metropolitan area. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees, frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. INITIAL STUDY EA No. C-01-195 Page 3 October 18, 2001 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Project Use The adverse groundwater conditions of limited supply and compromised quality have been well documented by planning, environmental impact report, and technical studies over the past 20 years including the Northeast Groundwater Study, Final EIR No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan), and EA No. A-95-11 et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Woodward Park Community Plan Area. The proposed project places additional demand upon peak water use capacity which is one of the limitations of the groundwater supply aquifer underlying the Woodward Park Community Plan area. The proposed project must contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. Since adoption of the urban reserve policy amendment, the Fresno Metropolitan Water Resource Management Plan has been adopted and the accompanying Final EIR(SCH#95022029) certified. The purpose of the management plan is to provide safe, adequate, and dependable water supplies to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. In addition, the proposed project must contribute to the completion of the Fresno Metropolitan Flood Control District's master planned storm drainage facilities. Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm water run-off and surface water obtained from the Fresno Irrigation District and United States Bureau of Reclamation on the northern edge of the current urban limit boundary benefitting the urban reserve area. The Water Division of the Public Utilities Department estimates that the proposed single-family residential subdivision will have an estimated peak water demand of 1006 gallons per minute. In accordance with the Woodward Park Community Plan verification and monitoring procedure for water service, an adequate source of water is available to serve the project with the implementation of the mitigation measures noted below. The mitigation measures of EIR No. 10117 and Environmental Assessment No. A-95-11 are incorporated herein by reference and are required to be implemented by the attached mitigation monitoring checklist. In summary these mitigation measures require participation in the development of groundwater recharge in an amount equal to the project's estimated water consumption. Alternative measures to satisfy this requirement include paying fees established by the city for construction of recharge facilities, the construction of recharge facilities directly by the project, or participation in augmentation/enhancement/enlargement of the recharge capability of Fresno Metropolitan Flood Control District storm water ponding basins. While the proposed project may be served by conventional groundwater pumping and distribution systems, full development of the urban reserve area may necessitate utilization of treated surface water due to inadequate groundwater aquifer recharge capabilities. INITIAL STUDY EA No. C-01-195 Page 4 October 18, 2001 Implementation of the Woodward Park Community Plan policies, the Water Resources Management Plan, and, the applicable mitigation measures of approved environmental review documents will address -the issues of providing an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Mitigation Measures The tentative tract project area is 94.82 gross acres. The peak estimated water demand for the tentative tract is 1006 gallons per minute for this project. Based upon the estimated demand, the following measures are required prior to occupancy for a specific development entitlement for this property: 1. Unless the award of a construction contract for the northeast surface water treatment plant has been made, the developer shall construct a water supply project(s) (i.e., a new recharge facility or enhancement of planned or existing recharge facilities) at a location and of design satisfactory to the Water Systems Manager. Such a project shall be sufficient to mitigate direct and cumulative impacts of the project on the area's water supply. Recharge facility requirements will calculated at 0.055 wetted acres of recharge capacity for each developed acre. 2. Construction of a 24" Transmission Grid Main (TGM) in North Behymer Avenue to North Willow Avenue, a 16 Transmission Grid Main (TGM) in North Willow Avenue from East Behymer Avenue to East Perrin Avenue, and a 14" Transmission Grid Main (TGM) in East Perrin Avenue to North Willow Avenue, all along the entire tract frontages. 3. Provide a minimum of two points of connection to the city water system. If phased development is proposed, this requirement shall apply to each phase and would preclude the use of double parallel mains to satisfy that requirement. 4. Dedication of a standard city well site(s) acceptable to the Water Systems Manager. Dependent upon the availability ofUGM funds and project timing, the developer may be required to construct a standard city well(s). The well(s) shall be capable of producing a minimum supply of twice the demand of this project. 5. Occupancy may be conditioned upon completion of the aforementioned well(s) or the proposed surface water treatment plant. 6. Any existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with California well standards, Bulletin 74-90 or current revisions, issued by the California Department of Water Resources, and City of Fresno standards. 7. Payment of water connection fees in effect at the time of entitlement. INITIAL STUDY EANo. C-01-195 Page 5 October 18, 2001 4.0—PLANT LIFE: and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 4.2—Reduction in Acreage_of Agricultural Crop The subject site has historically been utilized for agricultural purposes. The proposed urban development of the project area will result in the cessation of agricultural activities. The site is located within the Fresno Urban Limit Boundary and has been considered appropriate for urban development by a succession of long- range general plans for the metropolitan area over the past 45 years. The 1989 Woodward Park Community Plan update identified the project site as being within the urban reserve area, which was anticipated to be reconsidered for urban development by the projected 1994 General Plan Update. Urban development of the site is now appropriate for consideration under the provisions of the Woodward Park Community Plan as modified by Amendment Application No. A-95-11. Previous environ- mental studies have examined the effects of the loss of agricultural lands and concluded that agricultural lands within the immediate urban area as a whole may be considered to be less valuable for continued long-term agricultural use than alternative areas outside of the metropolitan area. While urban development of the existing agricultural land within the City of Fresno's planned urban boundary is considered to be irreversible, it allows the implementation of more effective water resource and air quality mitigation measures that reduce impacts upon agricultural activities. This consideration is particularly important when contiguous urban development is compared with the alternative of the inefficient and discontinuous patterns of rural and low density residential development that have occurred within urban fringe areas. In addition, the mitigation measures of EIR No. 10117 and Environmental Assessment No. A-95-11 are incorporated herein by reference. These measures include the requirement that a"right-to-farm" notice shall be recorded with the final tract map and included with the individual property conveyance deed to notify new residents that agricultural operations occur in the area. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. 7.0—NOISE The subject property is bordered by four major streets, Chestnut Avenue (West), a collector; Perrin Avenue (South), a collector street; Behymer Avenue (North), an arterial street; and Willow Avenue (East), a super- arterial street. The vehicular traffic which will ultimately utilize these street 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. INITIAL STUDY EA No. C-01-195 Page 6 October 18, 2001 The traffic noise and access problem at these streets will be mitigated, however, by the recommended conditions of approval for the subdivision. The lots which will back-onto these collector and arterial streets will incorporate a 6-foot solid wall or fence behind a 10-foot or 20-foot landscape strip, respectively, into Itheir design. The wall and landscape strip will not only prohibit direct access from these lots to these streets 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-foot, 30-foot and/or 40-foot side- or rear-yard building setback will be imposed on the lots which side-onto or back-onto these major streets. 10.0—TRANSPORTATION AND CIRCULATION; 10.1 & 10.2 Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies and Cumulative Increase in Traffic on a Major Street for which Capacity Deficiencies are Projected The proposed medium-low density residential development can be expected to generate approximately 4316 vehicle trips per day (VTD). The full development of the project site and surrounding community will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. North Willow Avenue is being proposed to be redesignated from expressway to superarterial between East Alluvial and East Copper Avenues. A superarterial would be designed to provide three travel lanes in each direction with a median island divider to accommodate approximately 45,000 vehicle trips per day. The superarterial classification requires adequate width to accommodate bicycle lanes ( minimum 5-foot width) together with right-turn lanes and bus turnouts at major street intersections. An arterial street such as East Behymer is designed to provide two or three travel lanes in each direction with a median island separation, which accommodates a capacity of 31,700 VTD. Arterial streets are also required to be designed to provide bicycle lanes (110-foot arterial street right-of-way) with right-turn lanes and bus turnouts at major street intersections. The proposed site also abuts East Perrin Avenue, a designated collector street, and North Chestnut Avenue, a designated collector street north of Perrin Avenue. These designated collector streets can accommodate a traffic volume of 24,000 VTD are also required to be designed to provide bicycle lanes (94-foot right-of-way). A full development alternative (including the present urban reserve area) with a predominant medium-low density residential land use pattern was considered as a part of the Woodward Park Community Plan Update environmental analysis and public hearing process. Traffic model predictions indicated future daily vehicle trips on major streets within the immediate project vicinity, including East Behymer, East Perrin, North Chestnut and North Willow Avenues would be within planned capacity ranges. Previously referenced planning and environmental analyses have also examined the potential traffic and circulation consequences of full development of the Woodward Park Community Plan area including the urban reserve area together with development outside of the City of Fresno's Sphere of Influence. INITIAL STUDY EANo. C-01-195 Page 7 October 18, 2001 North Willow Avenue, immediately north of East Herndon Avenue, is projected to exceed capacity with the development of urban and semi-urban uses approved by the County of Fresno and the City of Clovis. Substantial capacity deficiencies are also projected to occur on segments of North Friant Road, and East Herndon Avenue, as well as Freeway 41. The projected street capacity deficiencies are substantially the result of previous planning and development decisions that apply throughout the region. These decisions include the concentration of intensive nonresidential urban uses along North Friant Road and East Herndon Avenue, which attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street network would be generated from land uses-that are not equitably contributing to the cost of constructing adequate street capacity. Widely dispersed semi-urban or rural residential developments which have been approved beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation, and have not been required to equitably contribute to the construction of additional major street capacity. In addition, the California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted comments requesting that this project conduct a traffic study to assess the impacts of Freeway 41 at the Friant Road and Herndon Avenue interchanges. Previous Caltrans comments have asserted that 30 percent of the vehicle trips attributed to these proposed projects during the afternoon peak hour traffic period (4:00 pm to 6:00 pm)will impact the State Route(SR)41/Friant Road and Herndon Avenue Interchanges. Based upon this number Caltrans has requested that these projects be required to pay a traffic impact fee estimated at $1700 per trip. The city has not recommended that this impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has documented a nexus and reasonable proportionality necessary to justify the imposition of a traffic impact fee for the improvement of state facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. A traffic analysis of the project was prepared by TPG Consulting, Inc., in order to estimate the number of vehicle trips projected to use the freeway access ramps during the peak congestion periods. The scope of this analysis was affirmed by the City of Fresno and Caltrans staff at a meeting on January 17, 2001. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Sixth Edition, and associated software together with the Fresno County Council of Governments computerized traffic model, this analysis predicts the expected number of vehicular trips to be generated by the proposed project and the desired direction of travel including access to Freeways 41 and 168. Furthermore, the technique used presents what may be considered a worst case condition in that vehicle trips to the south and southwest are allowed to utilize Freeway 41 as if there are no peak hour capacity constraints. In reality many trips to the south and southwest would be expected to utilize Freeway 168 as an alternative route to connect to Freeway 41 and Freeway 99 due to its INITIAL STUDY EA No. C-01-195 Page 8 October 18, 2001 substantial excess capacity. Caltrans' review of the traffic study indicates a concurrence with the study's trip trace projections at the Freeway 41/Friant Road interchange. Furthermore, Caltrans officials are of the opinion that the traffic study satisfies the "nexus" requirement under CEQA to mitigate project related impacts to State highways, and, therefore, have recommended an adjusted mitigation fee of$147,900. The traffic study was not intended or designed to provide the necessary nexus findings, moreover, to refine the actual trip traces that would impact the freeway interchanges from the proposed project. The city has reiterated to Caltrans that a nexus and reasonable proportionality still must be demonstrated to justify the imposition of a traffic impact fee. Present Freeway 41 operation and commuting habits results in greatest congestion occurring at the southbound on ramps during the morning peak hour traffic period, and at the northbound exit ramps during the late afternoon peak periods. The traffic analysis predicted that 339 vehicle trips would be generated by the proposed project during the morning (a.m.) peak hour periods, with 5 percent(17 trips) desiring to use the southbound Freeway 41/Friant loop access ramp. During the evening (p.m.) peak hour periods the analysis predicted 455 trips would be generated by the project, with 4 percent(17 trips) desiring to use the northbound exit ramp at Freeway 41/Friant. The analysis also evaluated the interchanges at Freeway 41/Herndon, Freeway 168/Herndon, and Freeway 168/Bullard and determined that these interchanges will receive neglible traffic from the proposed project. This information primarily indicates that there is a modest predicted use of Freeway 41 capacity by vehicle trips traveling between the project site to places of employment, business and education that have existed or been planned for these activities for well over 40 years. State highway facilities appear to have failed to meet 20-year capacity design criteria during a period of time when the area's pace of population growth decreased to a rate well below previous state projections. This highway facility"under-design" and consequently the capacity deficiencies, which may now be prematurely occurring, are at least partially the result of resource allocation decisions made by the State of California rather than land use decisions made by the City of Fresno. An appropriate, reasonable, and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule, and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act - AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model it will be applied to any final tract map or other applicable development entitlement for this project. A full development alternative with a predominantly medium-low density residential land use pattern (including the present urban reserve area) was considered as an alternative recommended by the citizens advisory committee as a part of the 1989 Woodward Park Community Plan Update environmental analysis and public hearing process. Potential capacity deficiencies were predicted to occur on the major street INITIAL STUDY EA No. C-01-195 Page 9 October 18, 2001 segments identified above as well as Freeway 41. At that time Caltrans did not identify the necessity to impose traffic impact fees. Caltrans has been directed to prepare a project design and pursue the construction of improvements to the Freeway 41 and Friant Road interchange with transportation funds allocated by the Governor's Transportation Improvement Program (GTIP). It can reasonably be projected that the allocation of additional State transportation funds during the next two years will fund substantial capacity increasing improvements of this interchange. In order to alleviate the impact of this project upon the existing street system and to provide for a smooth flow of traffic to and from the project, the property owners/developers will be required to dedicate a portion of the subject sites for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Each development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition; the residents of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. These and other street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to and recognize the traffic generating characteristics of individual properties and, at the same time, afford the community an adequate and efficient circulation system. In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Traffic Circulation, the Public Works Department has conducted a separate traffic review and has incorporated all recommended mitigation measures that are economically feasible into the above-described project. Mitigation Measures The following dedications and improvements are required as determined by the Public Works Director. 1. North Willow Avenue: Within the limits of the subject property, dedication of an easement for street right of way along the entire frontage to provide for a superarterial street in accordance with the Woodward Park Community Plan and Public Works standards. Either construct or provide appropriate security for necessary street improvements which will include the westerly half of the median island, three southbound travel lanes including curb, gutter, streetlights, sidewalk and any portion of the northbound turn lane at Behymer Avenue which is west of centerline. Pursuant to the urban growth management process, the City of Fresno will establish a "Specific Major Street Impact Fee" to pay for the costs of improvements on Willow Avenue. If any developer of property constructs improvements in lieu of payment of this fee and the improvements exceed the proportionate share for the subject property, the developer would be eligible for reimbursement for any improvements that exceed the required fee obligation for the property. INITIAL STUDY EANo. C-01-195 Page 10 October 18, 2001 2. The required dedications are deferred until the time of development. In addition, the mitigation measures of EIR No. 10117 and Environmental Assessment No. A-95-11 are incorporated herein by reference. 11.0—URBAN SERVICES 11.1—Availability of Fire Protection The project site is located within the City's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. The project is located within the extended three-mile service radius of temporary City of Fresno Fire Station No. 21, which is in the vicinity of Copper and Millbrook Avenues. A permanent fire station location is being sought by the City of Fresno near the intersection of North Maple and East International Avenues, which upon development would provide service within a two-mile service area. 11.4—Overcrowding of School Facilities The subject site is within the enrollment area of the Clovis Unified School District. The district has acquired an elementary school site at the southeast corner of Behymer and Chestnut Avenues adjacent to this property. Students from this project may attend this new school. Construction is expected to begin on the school in late spring 2001 with completion anticipated for September 2002. Because of the sustained growth occurring within the district boundaries, the school district has advised that the following conditions may exist when development occurs. 1. Future adjustments of school attendance areas could occur such that students residing in the proposed project will attend an elementary school other than Garfield and that students may attend more than one elementary school during their elementary school years. 2. Bus transportation is presently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. 3. The district has adopted development fees in accordance with current state law and currently levies a development fee of$2.78 per square foot for residential development and $.33 for commercial/industrial development. Development of the project site will be subject to the fees in INITIAL STUDY EA No. C-01-195 Page 11 October 18, 2001 place at the time fee certificates are obtained. The district wishes to review the proposed subdivision design as it relates to the school site. In addition, the district has requested that the owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. 11.6—Availability of Sewer Lines of Adequate Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the 1984 Fresno General Plan's projected population holding capacity of 588,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD) which is sufficient to accommodate continued planned urban development including the proposed project. While the proposed project may presently be accommodated by the Cornelia and Herndon Trunk Sewers, previous public facility and environmental analyses have projected that the Cornelia and Herndon Trunk Sewers do not have sufficient design capacity to accommodate the sewage flows that could be generated by full development of the Woodward Park Community Plan area, including the urban reserve area. To address this concern, the Grantland Trunk Sewer has been designed and construction initiated to serve the west and northwest areas and supplement the Cornelia Trunk Sewer's capacity to accommodate development of the north and northeast areas. In addition, based upon previous environmental and engineering studies, capacity enhancement measures have been identified as remediation measures to address those segments of the Herndon Trunk Sewer that are insufficiently designed to accommodate full development of the Woodward Park Community Plan area. The mitigation measures of EIR No. 10117 and Environmental Assessment No. A-95-11 are incorporated herein by reference which generally provide for participation in the City's UGM process to construct necessary sewer mains to serve the project; participation in the funding of the regional wastewater treatment and reclamation plant expansion; installation of low flow water fixtures, participation in the funding of the Herndon Trunk Sewer capacity enhancement measures; and, verification of the availability of urban services by the City of Fresno. The Public Utilities Department has determined that the estimated average daily sanitary sewer flow contribution from this project is 139,386 gallons per day. In accordance with the Woodward Park Community Plan Verification and Monitoring procedure, adequate sanitary sewer service is available to serve the project, subject to the mitigation measures noted below. INITIAL STUDY EA No. C-01-195 Page 12 October 18, 2001 Mitigation Measures It has been determined that the 42-inch segment of the Herndon Trunk Sewer between Fresno Street and Howard Avenue will be impacted as a result of this project; therefore, the developer shall construct the following improvements prior to issuance of occupancy permits: • The developer shall be required to enhance (by pipe lining) the 42-inch segment of the Herndon Trunk Sewer between North Fresno Street and North Howard Avenue impacted as a result of this project. As an alternative to the above, • The city is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impacts on the sewer system. 11.7—Availability of Storm Water Drainage Facilities On or Off Site In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of 5 or more acres of land. The property owner of this development site has been 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. 11.8-Availability of Recreation Areas "Sugar Pine" Trail- The subject property abuts the abandoned 100 foot wide Southern Pacific Railroad right- of-way, which is adjacent to North Willow Avenue. The abandoned railroad right-of-way is planned on the City's 1990 Multi-Purpose Trails Plan for a combined bicycle/pedestrian/equestrian trail. The "Sugar Pine" Trail is proposed to be developed within a 60-foot wide right-of-way and will consist of a paved surface for bicycles and pedestrians and a compacted dirt path for horses. The 60-foot wide trail is proposed within the abandoned railroad right-of-way and it is the city's position that the 100 foot wide abandoned railroad right-of-way is currently owned by the city in fee simple estate. It is also noted that the original right-of-way design for the Sugar Pine trail was intended to be 78 feet in width. The applicant is currently including the additional 18 feet within the design of the subdivision map even though it is within the abandoned right-of-way. It is the city's intent to enter into a settlement or disclaimer agreement with the developer of this subdivision in order to resolve the disputed ownership of this 18 feet of property, however, until this occurs it is the city's INITIAL STUDY EA No. C-01-195 Page 13 October 18, 2001 position that this 18 feet should not be included within the subdivision map. Pursuant to Policy No. 3.2(3) of the 1990 Trails Plan and pursuant to Policies 2-7.2, 2-7.5 and 3-6.3 of the 1989 Woodward Park Community Plan, staff has also included as a condition to the subdivision map that the developer improve the entire width of the Sugar Pine trail within the portion of the trail adjacent to the subject property. If grant money becomes available to improve this segment of the trail, then the developer's responsibility would be reduced to the westerly 20-feet of landscaping of the trail right-of-way. The 20-foot requirement would remain since this reflect$the usual landscaping requirement for lots which back-onto a superarterial street pursuant to Woodward Park Community Plan policy(Policy No. 3-4.6). 13.0—AESTHETICS No public or scenic vista will be obstructed by the development and no valuable vegetation will be removed. The developer proposes to use an architectural design which is compatible with surrounding developments. The proposed project will incorporate landscape treatment along all abutting major streets. 14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. 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 shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center 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. 3. If animal fossils are uncovered, the Museum of Paleontology at 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. DET'ERMINAT'ION On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is INITIAL STUDY EANo. C-01-195 Page 14 October 18, 2001 no substantial evidence in the record that the proposed project may have a significant effect on the environment. This is based upon the mitigation measures required as conditions of project approval which are referenced by this environmental assessment and are conditions upon which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. INTITAL STUDY EA No. C-01-195 2.0—Air Quality 3.0—Water Service Page 17 9.0—Land Use October 18, 2001 10.0—Transportation and Circulation 11.0—Urban Services CITY OF FRESNO MITIGATED NEGATIVE DECLARATION MONITORING CHECKLIST ENVIRONMENTAL ASSESSMENT NO.A-01-01,R-01-02,TT-5007 MITIGATION MEASURE RAPLEMENTED BY WHEN IWLEMENTED VERIFIED BY 2.1 Approval of the proposed project Development Dept., Prior to occupancy of Development shall be conditioned upon Building Section any building within the Dept., Building compliance with the San and Public Works project. Section and Public Joaquin Valley Unified Air Dept., Construction Works Dept., Pollution Control District Management Div. Construction (SJVUAPCD)Regulation VIII, Management Div. Rule 8020, as related to fine particulate matter and dust. 3.1 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public 3.2 adequate water service and Utilities any building within the Utilities, Public 3.5 groundwater recharge for the project. Works Dept., and project per Department of Public Development Dept. Utilities memoranda dated March 12, 2001. 9.1 Approval is subject to an Development Dept. By City Council action Development Dept. 9.4 amendment to the Woodward on Plan Amendment Park Community Plan maps and application. policies. 10.1 Project development is subject to Public Works Dept. By City Council action Public Works Dept. 10.2 street improvements standards and Development on Plan Amendment and Development and Urban Growth Management Dept. application. Dept. Service Delivery requirements. 11.1 Pay appropriate UGM Fire Development Dept. At time of building Development Dept. 11.4 Station Capital Fee and School permit issuance. Development Fee 11.5 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public 11.6 adequate sewer and water Utilities any building within the Utilities, Public service for the project per Public project. Works Dept., and Utilities Dept. memoranda dated Development Dept. March 12, 2001.