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HomeMy WebLinkAboutT-5029 - Conditions of Approval - 8/3/2005 j City of Planning and Develooment 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 r i2 to: Robert Lewis 209 498-4462 Les Peterson Edward D. Dunkel and Associates 875 West Ashlan Avenue, Suite 102 Clovis, California 93612 Dear Mr. Peterson: SUBJECT: ACTION OF THE FRESNO CITY PLANNING COMMISSION RELATING TO VESTING TENTATIVE TRACT NO. 5029/UGM The Fresno City Planning Commission at its regular meeting of April 17, 2002, took the following actions regarding the above-referenced application: 1. APPROVED Vesting Tentative Tract No. 5029/UGM subject to compliance with Development Department Conditions of Approval dated April 17, 2002, and as amended at the hearing. The project is a 336-lot single-family residential subdivision with three outlots on 78 acres of land located on both sides of the new North Millbrook Avenue alignment between East Copper Avenue and East Lakeview Drive. Enclosed is a copy of the Planning Commission resolution approving the tentative tract map. The action of the Planning Commission on the tentative tract map, unless appealed to the City Council, is final. If you have any additional questions concerning this matter, please contact this office. Sincerely, PLANNING DIVISION Robert Lewis Supervising Planner rcl\:\L:\rclfdcs\documcnts\PCALT5o29 Enclosures c: DeYoung Communities - FRESNO'CITY'PLANNING COMMISSION RESOLUTION NO. 11704 The Fresno City Planning Commission at its regular meeting on'April 17, 2002,adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,.a Vesting Tentative Map of Tract No. 5029/UGM was filed with the City of.Fresno and proposes a 3364ot single family residential subdivision;on approximately 78 acres of land located on both sides of the new North Millbrook Avenue alignment between East Lakeview Drive and East Copper Avenue; and, WHEREAS,the Planning Commission conducted a public hearing to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision;and, WHEREAS,the Development Departmenfstaff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated April 17, 2002 and presented at the hearing; and, WHEREAS, several persons spoke in opposition to the project. NOW,THEREFORE,BE IT RESOLVED that the Planning Commission finds that there is no substantial evidence in the record that the proposed tract map may have a significant effect on the environment and considered the Mitigated Negative Declaration for Environmental Assessment No.A-01-20,`R-01-31, T-5029 issued on October 16, 2001,and adopted by the Council on November 7, 2001. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5029 is consistent with the adopted General Plan,any applicable specific plan, and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract No. 5029/UGM subject to the Development Department Conditions of Approval dated April 17, 2002, and the follow amendments: 43. All,interior streets shall be dedicated in accordance with the 54-and 50-foot API-1 and API-2 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. 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. 21 Handicap access ramps are required at all corners within the limits of this tract. All local streets connection to the major streets shall be constructed to a minimum of 54- foot in width through the first lot or 150 feet. Planning Commission Resolution No. 11704 Page 2 - April 17, 2002 . DELETED 65. 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 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. On March 8, 2002, the Department of Public.Utilities mad a finding of water,supply adequacy for Tract 5029. Since that time,a City of Fresno water supply well in the vicinity has been closed due to nitrate contamination. Nevertheless,we are able to support the finding of adequate water supply, contingent on the timely execution of expedited water projects the building industry has committed to complete. In the un- anticipated event that the water supply projects should falter, it may become necessary to place a hold on occupancies to avoid adverse water supply impacts. As provided for in the Woodward Park Plan Area Findings process, a review of water supply adequacy will be made at building permit and occupancy checks. The foregoing Resolution was adopted by the Fresno City Planning Commission upon.a motion by Commissioner Brand, seconded by Commissioner DiBuduo. VOTING: Ayes - Brand, DiBuduo, Alvarez,Harrington, Kissler,Vang, Sterling Noes - None Not Voting-. None Absent- None toFr OVINO, Secretary Planning Commission DATED: April 17, 2002 Resolution No. 11704 Vesting Tentative Tract No. 5029 Filed by: DeYoung Communities Action: Approved with Conditions rcPJArclf csWocuments\PCR11704 --�_Uy of F uq_MIL�I dllli� REPORT TO THE PLANNING,COMMISSION V{11 _ E AGENDA 'ITEM NO. COMMISSION MEETING N- I q_0 Z April 17, 2002 APPROVED BY FROM: �AF, Planning Division DEPARTMENTDMECW- Planning and.Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5029 GM EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5029 is a request filed by DeYoung Communities, Inc., supported by staff, to subdivide approximately 78 acres located on the both sides of the newNorth Millbrook Avenue alignment between East Copper Avenue and East Lakeview Drive. The subdivision will consist of 336 single-family residential lots. Plan Amendment No.A-01-20 and Rezone No. R-01-31 were approved by the City Council on November 7,2001: These applications, also supported by staff, approved medium-low density residential land uses and R-1/UGM (Single-Family Residential/Urban Growth Management) zoning for the subject site. PROJECT INFORMATION PROJECT: A 336-lot single-family residential subdivision on approximately 78 acres of property to be developed at a density of 4.3 units per acre APPLICANT: De Young Communities, Inc. (Engineer: Edward D. Dunkel and Associates) LOCATION. Both sides of the new North Millbrook Avenue alignment between East Copper Avenue and East Lakeview Drive (Council District 6, Councilmember Duncan) SITE SIZE: 78 acres LAND USE: Existing -Medium-Low Density Residential (4.98 units per acre) Proposed - Single-Family Residential PLAN DESIGNATION Woodward Park Community Plan AND CONSISTENCY: Medium-Low Density Residential ENVIRONMENTAL FINDING: Finding of a Mitigated Negative Declaration issued on October. 16, 2001, and adopted by the Council on November 7, 2001 PLAN COMMITTEE Northeast Plan and Implementation Committee unanimously RECOMMENDATION: recommended project approval at their meeting of March 25, 2002 STAFF RECOMMENDATION:. Project approval subject to compliance with the conditions listed below REPORT TO.THE PLANNING COMMISSION �--—_- -- -}-_ — - TT-5029/UGM Page 2 . April 17,.2002 BORDERING PROPERTY INFORMA'T'ION Planned Land Use Existing Zoning Existing Land Use North Not in City Sphere PUV Copper River Golf Course and (Planned Urban Village) Proposed Copper River Ranch Project South Open Space/Golf Course AE-20 (Agriculture Exclusive - Fort Washington Golf Club 20 Acres Minimum) East Elementary School/Ponding Basin- AL-20 (County) (Agriculture Ponding Basin/Future Medium-Low Density Residential Limited 20 Acres Minimum)' Elementary School Site, West Medium-Low Density Residential R-1/UGM (Single-Family. Single-Family Residential Residential/Urban Growth Management) BACKGROUND /ANALYSIS Plan Amendment Application No. A-01-20 and Rezoning Application No. R-01-31 were approved by the City Council on November 7,2001. These applications re-designated the subject site on the Woodward Park Community Plan to the medium-low density residential plan designation and rezoned the site to the R-l/UGM(Single-Family Residential/Urban Growth Management Area)zone district. The Woodward Park Community Plan designates property to the south for open space/golf course land use. The property to the west is designated for medium-low density residential land.uses. The property to the north is within the jurisdiction of Fresno County and outside of the Sphere of Influence of the City of Fresno. The property'to the east is designated for elementary school/ponding basin and medium-low density residential. Surrounding land uses include single-family residential uses to the west, zoned R-1/EA/UGM/cz . The property to the north is the Copper River Golf Club. To the east is a ponding basin, the site of a future elementary school and an approved single-family residential subdivision. The proposed single-family residential subdivision is considered to be consistent with the medium-low density residential land use designation of the Woodward Park Community Plan which permits development of the property at 4.3 units per acre. Tentative Tract No. 5029/UGM The tentative tract map proposes a single-family residential subdivision consisting of 336 lots on 78 acres of land located on the both sides of the new North Millbrook Avenue alignment between East Copper Avenue and East Lakeview Drive. The lots will be developed with 50-foot and 54-foot wide public streets having sidewalks on both sides. The lots will range in size from approximately 6,000 square feet to over 14,400 square feet. All of the lots in the subdivision will equal or exceed the minimum standards for lot size and area of the R-1 zone district. REPORT TO THE PLANNING COMMISSION == TT-5029/UGM Page 3 April 17, 2002 Tentative Tract No. 50291UGM is located within the City's Urban Growth Management(UGM)area. Approval of. the project will be in conformance with the requirements as set forth in the City's UGM Service Delivery Plan. A Service Delivery Analysis.was completed with respect to police, fire, water, sewer, park and street- related services., The requirements of the UGM Service Delivery Plan are incorporated,into the conditions of project approval. Circulation Element Plan Policies and Major Street System Traffic Capacity 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 corridor and the Herndon Avenue corridor were limited to primarily medium-low density residential uses with an interim agricultural/urban reserve area established pending completion, of the planned extension of public services into the northeastern portion of the plan area or 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. The adopted new alignment ofNorth Millbrook Avenue is a further extension of that strategy by providing for centralized major streets serving the area north of East Behymer Avenue. A staff member of the California Department of Transportation(Caltrans),District 6, Office of Intergovernmental Relations, submitted comments for the plan amendment and rezone which stated that the proposed project has the potential to impact the Freeway 41 interchanges of Friant Road and Herndon Avenues, both of which are already heavily congested(letter dated December 14,2001, attached). The letter also stated that in order to accommodate the growth proposed by this project, a fee of$1700 per peak a.m. and p.m. trip (between the project and these interchanges) should be charged to the applicant. 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. 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 substantial excess capacity. The results of.this traffic study analysis are summarized in the attached Environmental Assessment/Initial Study,dated November 7, 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 REPORT TO THE PLANNING COMMISSION' TT-5029/UGM - - Page 4 Apri1 17, 2002 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. 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..,The applicant, Cambridge Homes, has agreed to participate in the funding of this.nexus study at the previously agreed upon contribution rate of$250 an acre. 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.. Finally, it 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. 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 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 traffic and land use conflicts that compromise safety and efficiency as more commonly experienced in"the established portions of the metropolitan area. 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 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. . East Copper Avenue Improvements The city will require usual frontage and Urban Growth Management street improvements for this street. Therefore, this project is conditioned on the developer posting appropriate security for the improvement of the south.half of North Copper Avenue along the frontage of the project. A proportionate amount of this required street improvement could be subject to future reimbursement. REPORT TO THE PLANNING COMMISSION —� TT-5029/UGM. Page 5 April 17, 2002 The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval and the Woodward Park Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Required Sidewalks The public street cross section of Vesting Tentative Tract No.5029 is proposed to be developed with an interior local street having a right-of-way width.of 50 and 54 feet as permitted under Alternate Public Works Standards API-1 and 2. Installation of sidewalks will be required on both sides of the public streets throughout this tentative map. The project design requires the vacation of a portion of the old North Millbrook Avenue. The remainder of the street right of way not to be vacated is located outside of the boundary of this subdivision. The City,however,is requiring as a result of and as a condition to the vacation, that the developer underground the existing utilities in this area. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval and the Woodward Park Community Plan, complies with applicable zoning, subdivision and UGM requirements. Therefore,staff recommends approval. Action by the Planning Commission on the tract map,unless' appealed to the City Council, is final: FindiMs 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. The project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is'physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvements are not likely to cause substantial and considerable damage to the natural environinent, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located: 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. REPORT TO THE PLANNING COMMISSION- "- -- --- TT-5029/UGM Page 6 .: April 17, 2002. 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, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Staff has reviewed the environmental assessment issued for Vesting Tentative Tract No. 5029, October 16,.2001 and adopted by the City Council on November 7, 2001, and found that the proposed subdivision map has been adequately assessed and that there is no substantial evidence in the record that the proposed project may have a significanteffect on the environment and that project complies with the monitoring checklist adopted with the mitigated negative declaration. 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 Exhibit A dated February 25, 2002. 2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract No. 5029/UGM dated April 17, 2002. CONCLUSION /RECOMMENDATION Based upon the information and required findings in the staff report, staff recommends that the Planning Commission consider the environmental assessment and take the following action: 1. APPROVE Vesting Tentative Tract Map No. 5029/UGM subject to compliance with the Conditions of . Approval dated April 17, 2002. RCL\K:PCRP[S\PC\Tr-5029-RPC.wpd Attachments: Exhibit"A"Vicinity Map Exhibit"B"Subdivision Map Conditions of Approval for VTT No. 5029/UGM Mitigated Negative Declaration of Environmental Assessment.No.A-01-20, R-01-31,T-5029 FMFCD Memorandum dated March 28, 2002 Fresno Irrigation District Memorandum dated February 28, 2002 . 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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 §00020(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. 5029/UGM entitled "Exhibit A," dated February 25, 2002. 2. The site of Tentative Tract No. 5029/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. 50291UGM. 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 runofffrom 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. 5029/UGM _ Page 2 April 17, 2002 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, "P ublic 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. 5029/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. Relinquish access rights to the East Copper, North Millbrook, East Olympic and old North Millbrook Avenues from all residential lots to these streets. Ref. Section 12-1011-f-3, Fresno Municipal Code. 11. Outlot A shall be fora future sewer lift station. If the sewer master'plan for this area locates the sewer lift station necessary for this subdivision to a'site outside'the subdivision boundary then Outlot A shall be removed for the map and the area included in proposed Lot 209. 12. Outlot B or a portion of Outlot B shall be sold/deeded to the Fresno Metropolitan Flood Control District for the expansion of the existing ponding basin. If any portion of Outlot B is not deeded to FMFCD, then that unused remnant parcel shall comply with the Council's Remnant Parcels Policy adopted December 18, 1990. 13. Outlot C shall be for landscaped purposes and shall comply with the Council's Remnant Parcel Policy adopted December 18, 1990. Landscaping and Walls 14. Provide a 5-foot landscaped easement (10 foot landscape strip to include 5 feet of street right-of-way) (and irrigation system) along the rear property linesof all lots which back-onto old North Millbrook Avenue. Provide a 10-foot landscaped easement (and irrigation system) along Conditions of Approval Vesting Tentative Tract Map No. 5029/UGM Page 3 April 17, 2002 the side or rear property lines of all lots which side-onto or back-onto new North Millbrook and East Olympic Avenues. Provide a 10-foot landscaped easement (and irrigation system).along the rear property lines of proposed Lot 127 for that portion of the lot which backs onto old North Millbrook Avenue which abuts the 54-foot street connection of old Millbrook to new Millbrook. 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 Copper Avenues. Ref. Section 12- 1011-f-3, Fresno Municipal Code. When the grading plan establishes a tope 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. 15. Maintenance of the required 10-foot and 20-foot landscape easements/strip located along old North Millbrook , new North Millbrook; East Olympic and East Copper Avenues, may be 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. 16. 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. . 17. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Development Department for review.two (2) weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's , association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 18. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Development Department for review prior to final map approval. Conditions of Approval Vesting Tentative Tract Map No 5029%UGM - Page 4 April 17, 2002 19. Construct a 6-foot high solid masonry wall (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. 14, above. 20. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Development Department for review prior to final map approval. 21. 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 22. Building setback lines shall be in accordance with the R-1/UGM zone district. The developer shall provide a 10=foot keylot side yard building setback on the keylot side for proposed Lots 85, 158, 205, 292, 293, 298, 300 and 303. Information 23. 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 Archaeologiical 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 reco i mendations 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 paleiontologists. An assessment shall be conducted'by a paleontologist, and if the paleontologist determines the material to be significant,,it shall be preserved. 24. 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. Conditions of Approval Vesting Tentative Tract Map No. 5029/UGM Page 5 April 17, 2002 25. 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. 26. Contact the United States Postal Service - Fresno Office for the location and type of mailboxes to be installed in this subdivision. 27. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple final maps shall not detract from the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps,' any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Chapter 1.2, Article 10 of the Fresno Municipal Code (Subdivision of Real Property). 28. The subdivider shall obtain any, an,d allpermits 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'clos l re of any septic tank, cesspool or water,well. All permits shall be obtained prior to commencement of such work,in accordance with,Chapter 13 of the Fresno Municipal Code. 29. Apportionment of Special Assessment -�If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into. condominium interest as defined in Section 783 of the Civil Code, the subdivider shall file a written application with the City's Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed.prior to the approval of the final map by the City and shall be accompanied by a fee, in an amount specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original,assessed lot, parcel or interest is to be divided. The. fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. Conditions of Approval Vesting Tentative Tract Map No. 5029/UG1V1 _ Page 6 April 17, 2002 PARK SERVICE 30. Contact Parks Division for compliance with the Fresno Municipal Code requirement for street trees. Urban Growth Management Requirements 31. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3,Fresno Municipal Code. FIRE SERVICE 33. Fire service will be provided by City Fire Station No. 13. 34. Proposed Lots 17 thru 23, 81, 82, 86 thru 95, 49, 108 thru 113 may not be constructed on until temporary Fires Station.No. 21 moves to its permanent location (Existing north and south access on North Millbrook must be maintained. Alternatively, the developer may provide an secondary emergency access to temporary Fire Station No. 21 if approve by the Fire Chief. Urban Growth Management Requirements 35. 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 36. The subdivider shall make provisions for he physically handicapped in accordance with the Department of Public Works standards and as required by State law. 37. 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. 38. The subdivider shall construct a complete underground street light system as approved by the Traffic Engineer prior to final acceptances of the subdivision. Height, type, spacing, etc., of Conditions of Approval t,t. :: Vesting Tentative Tract Map No. 5029/UGM`` Page 7 April 17, 2002 standards and luminaries shall be in. accordance with Resolution Nos. 78-522 and 88-229 or any modification thereto approved by te 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. 39. 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. 40. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. 41. 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. 42. 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 aiddition, an encroachment permit shall be obtained from the County for any street work done within the County's right-of-way. 43. All interior streets shall be dedicated in accordance with the 54- and 50-foot API.-1 and API-2 standard widths as shown on Exhibit "AI'_ and fully improved with standard curb, gutter, sidewalks on both sides of all streets, street lighting, and full width-permanentstreet pavement. Wherever street furniture is proposed ori 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. All local streets connection to the major streets shall be constructed to a minimum of 54-foot in width through the first lot or,150 feet. The southeast-northwest street connection onto the proposed new North Millbrook Avenue just south of East Olympic Avenue creates a four-way intersection and therefore as a requirement of the Public Works Department this street shall be.relocated southerly preferable through proposed Lot 286 of this tentative map: Conditions of Approval Vesting Tentative Tract Map No. 50291UGM Page 8 April 17, 2002 44. Existing North Millbrook Avenue: As a condition of approval of the proposed street vacation for the easterly portion of old North Millbrook Avenue as it exists today between new North Millbrook Avenue and the existing East Olympic Avenue, Public Works has the following requirements: a. The existing North Millbrook Avenue shall be constructed to Public Works Standard complete.with concrete curb, gutter, underground street lighting, sidewalks on the west side with a minimum of 30-feet or permanent paving between face of curb and face of curb. The sidewalk pattern shall be a 7-foot residential.pattern along the west side, and a 5=foot pattern along the east side of said street. The Developer shall post "No Parking" signs along both sides at their own expense, b. The triangle portion of the street `fight-of--way to be vacated at the intersection of the existing and proposed new North Millbrook Avenues shall be landscaped and it is recommended that its maintenance be included in the CFD for this tentative map. 45. Old North Friant Road: We recommend that the Developer work with the County of Fresno on . realigning Old Friarit Road onto the new North Copper Avenue and North Friant Road intersection., 46. New North Millbrook Avenue: The developer shall dedicate public street right-of-way to accommodate for a 94-foot Collector street as shown on Tentative Tract map with last revision on February 7, 2002, Construct an 80-foot long bus bay per Public Works Standards P-65 along the southwest comer of East Copper Avenue and the proposed North Millbrook Avenue alignment. Construct concrete curb, gutter and sidewalk, and 20-feet of permanent paving along the frontage of this tract and any transition paving as necessary. The sidewalk shall be constructed to a 10-foot wide residential pattern. Construct an underground street lighting system per Public Standards'E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standards for Collector streets. Along the Fresno Metropolitan Flood Control District ponding basin expansion site the Developer/Owner shall construct concrete curb and gutter, a 10-foot solid sidewalk,20-feet of permanent paving, an underground street lighting system per Public Works Standard E-1, and transition paving as necessary. Spacing and design shall conform to Public Works Standards for Collector Streets. The developer and/or owner should seek credit(s) from the Flood Control District for these frontage,improvements. Conditions of Approval Vesting Tentative Tract Map No. 50291UGM Page 9 April 17, 2002 47. East Olympic Avenue: Dedicate right-of-way for public.street purposes to accommodate a 94-foot Collector street. Construct an 80-foot long bus bay per Public Works Standards P-65 along the southeast corner of East Olympic Avenue and the proposed new North Millbrook Avenue. Construct concrete curb, gutter, sidewalk and 20 feet of permanent paving along the-frontage of this tract and any transition paving as necessary. The sidewalk shall be constructed to a 10-foot wide residential pattern. Construct an underground street lighting system per Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for Collector streets. 48. East Copper Avenue: The developer shall dedicated right-of--way per the proposed Official Plan Line currently under process. Construct concrete curb, gutter, residential sidewalk and permanent paving along the frontage of this tract and any transition paving as necessary. Construct an underground street lighting system per.Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for Arterial streets. Construct transition paving along East Copper Avenue west of the westerly limits of this tentative map adjacent to North Copper Avenue as necessary to provide for a safe transition for the new eastbound and west bound UGM center section travel lanes of.East Copper Avenue. Construct transition paving along east Copper Avenue and west of the limits of this tentative map. The transition paving shall be constructed as necessary to provide for protected left turn pockets at the proposed North-Millbrook Avenue alignment and the new eastbound and westbound travel portions of East Copper Avenue to be construct as part of UGM and frontage improvement requirements alone East Copper Avenue. 49. The developer shall comply with Rule 806� 0 of the San Joaquin Valle AirQuality 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. Conditions of Approval Vesting Tentative Tract Map No. 5029/UGM Page 10 April 17, 2002 50. This project falls within UGM Major Street Zone "F". Pay UGM street fees. 51. North Millbrook Avenue: Construct the two center section travel lanes with permanent paving to Public Works Standards to complete the northbound and southbound travel portions of North Millbrook Avenue from the southerly limits of this tract to the intersection with East- Copper Avenue. Install 150-watt safety lights at the southeast and southwest corners of North Copper Avenue and the new North Millbrook Avenue intersection. 'Install three 150-watt safety lights a the, intersection of North Millbrook and East Olympic Avenues. 52. East Olympic avenue: Construct the two center section travel lanes with permanent paving to Public Works Standards to complete the eastbound and west bound travel portion of East Olympic Avenue from the easterly limits of this tract to the intersection with-North Millbrook Avenue. 53. East Copper Avenue: Construct the two 17-foot center section travel lands with permanent paving to Public Works Standards to complete the eastbound and westbound travel lanes of East Copper Avenue from the easterly limits o�f this tract to the intersection of North Friant Road. Obtain the proper permits and approval from the County of Fresno prior to commencing any work outside the City of Fresno limits. The design of East Copper Avenue shall accommodate for left turn pockets per Public Works Standard P-61 at the proposed North Millbrook Avenue alignment, and dual left turn lanes at the intersection with North Friant Road. Install 150-watt safety lights at all corners of the new East Copper Avenue and North Friant Road intersection complete with traffic signals to City of Fresno Standards. 54. Special UGM Fee Due For Willow Aven I e 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 pi eliminary 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 raisedAandscaped median Conditions of Approval j Vesting Tentative Tract Map No. 5029/UGIVI Page 11 April 17,.2002 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. 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 169 proposed residential lots (I unit per lot) equates to a total @ 10 vehicle trips per unit of 335 vehicle trips. 3350 trips at $37.38 per trip = $125,223 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, zoneof influence, and cost analysis to each development and may alter this per trip amount. Should this study fail to find that there is not legal nexus for improvements, all voluntary fees paid by this development shall be reimbursed in the amount equal to the payment amount of this development. 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 proposed that an accelerated rate of two (2) times the standard trip rate of$3F.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 $125,223.00 (2 times its.normal per trip rate) for a total of$250,446.00. This accelerated rate collected during the first 5 years will be used to build.these roadways and to reimburse projects that construct actual facilitiesalong 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. Conditions of Approval Vesting Tentative Tract Map No. 5029/UG1V1 Page 12 April 17, 2002 SEWER SERVICE 55. Master planning for sewage collection,and treatment facilities in the project vicinity has not been completed at this time. Master planning is necessary in order to avoid replication.of multiple small-scale public facilities to serve individual projects in nearby adjacent locations. Prior to submittal of the final map package with improvement plans, the subdivider shall participate with other subdividers in the project vicinity under City oversight to develop a comprehensive plan for sewer facilities including sanitary sewer pipelines, sewage lift station(s), and wastewater treatment facilities. The master plan may also address potential beneficial re-use of treated effluent. 56. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plans and profile drawings for plan check.. The developer shall construct a sewer lift station and force main facilities as approved by the . City of Fresno. Public sewer main extension within North Millbrook and East Copper Avenues shall be required. but cannot be precisely determined until the sewer system planning issues noted above are resolved. Separate sewer house branches shall be provided to each lot created. All public sanitary sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. Urban Growth Management Requirements 57. . The tract is located in the service area of the Herndon/Cornelia Trunk Sewer, therefore, the developershall pay the appropriate trunk sewer charge in effect at the time that building permits are issued, 58. 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. The developer shall replace or enhance the existing 21-inch section of sewer main to the capacity of the 42-inch sewer man immediately upstream. Match the upstream of the 42-inch sewer main located in North Cedar Avenue between East Herndon and East Fir Avenues. Conditions of Approval Vesting Tentative Tract Map No. 5.029/UGM "-" Page 13 April 17, 2002 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 14-inch Transmission Grid Water Main is existing in old North Millbrook Avenue west of the tract. Upon demonstration through the findings process that an adequate source of potable water exists to meet State and Federal contaminate levels and siufficient 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: 59. Two independent points of connection to the city water system are required to serve the tract or any phase of this tract. 60. Install a 14-inch Transmission Grid Water Main in new North Millbrook and East Copper Avenues along the tract frontage and connecting to the existing main in North Friant Road.. 61. Separate water services shall be provided to each lot created. 62. Dedication of water well site(s) to facilitate city construction of water well(s) at location(s) satisfactory to the Water Systems Manager in required. Completed City supply well(s) shall produce a minimum of 1,000 gallons per minute or twice the project's peak demand, whichever is greater. 63. All public water facilities shall be constructed in accordance with.Public Works standards, ,specifications and policies: Urban Growth Management Requirements 64. 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. 65. Occupancy may be conditioned upon completion of the aforementioned water well or the proposed surface water'treatment planta 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 Conditions of Approval -- Vesting Tentative Tract Map No, 50291UG1V1 Page 14 April 17, 2002 revisions, issued by California Department of Water Resources and City of Fresno standards. URBAN GROWTH MANAGEMENT RE UIEMENTSENERAL (GENERAL) O ) 66. The developer of propertylocated withi In UGM boundaries shall comply with all sewer, � PY 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. 67. 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-Wgy Acquisition 68. 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 gr ding. In general, this will require right-of--way to be provided approximately 10 feet outside the traveled lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished,prior to final map approval. The developer should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished prior to final map approval, the developer must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. IThe developer shall furnish to the City Public Works Department, Real Estate Section, a.n 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-sway. Conditions of Approval Vesting Tentative Tract Map No. 5029/JGM Page 15 April 17, 2002 FLOOD CONTROL 69. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 70. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FIVIFCD) 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 March 28, 2002. 71. 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. FORT WASHINGTON GOLF CLUB 72. The subdivider shall include appropriate language in the deed restrictions for those lots which abut the Fort Washington Golf Course and Club that will protect and indemnify the golf course from litigation and damage claims resulting from golf course activities and to insure the installation of appropriate landscaping along the golf course boundary. The covenant shall beP P Y re ared b the Cily of Fresno, Development Department for all lots abutting the existing Fort Washington Golf and Country Club, located at 10272 North Millbrook Avenue, that informs the property owner's) of a potential danger from errant golf balls entering their property: DEVELOPMENT FEES AND,CHARGES 73. This project is subject to the following development fees and,charges: PARKS DEPARTMENT a. Street Tree Landscape Plan Review fee $57.00 b. Street Tree Installation fee $102.00/tree City installed tree C. Street Tree Inspection fee $28.00/tree Conditions of Approval . Vesting Tentative Tract Map No. 5029/UGM r Page 16 April 17, 2002 Developer installed tree d. Maintenance District Plan Review, fee $132.00 e. Maintenance.District Inspection fee $29300 II . FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 1. f. Metropolitan Flood Control Distract Fee: $732;346.00 Drainage Areas "DE", "DK" and "BZ"° 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 $496/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 4 q. Transmission Grid Main Bond $243/gross acre i i i Conditions of Approval - Vesting Tentative Tract Map No:.5029/UGNI Page 17 April 17, 2002 :. Debt Service Charge r. UGM Water Supply Fee $397/living unit Service Area: 101s S.. . Well Head Treatment fee $0/living unit Service Area: 101 s t. Recharge Fee $0/living unit Service Area: 101 u: 1994 Bond Debt Service $895/11ving unit . Service Area: 101 DEVELOPMENT IMPACT FEE v. Northeast Fresno Policing Area $66/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 I, bb. UGM Grade Separation Fee n/a cc. UGM At-Grade Railroad Crossing Fee n/a Service Area: I dd. Trunk Sewer Charge n/a Service Area: Conditions of Approval Vesting Tentative Tract Map No. 5029/UGNI Page 18 April 17, 2002 ee. Street Acquisition/Construction Charge n/a rci/J:/rclfiles/documents/cOAT-5029 i CITY OF FRESNO MITIGATED NEGATIVE DECLARATION a Initial Study is on file in the Environmental Planning and Development Department Assessment Number: ,. City Hall,2600 Fresno Street,Fresno,California 93721 I-01-20, R-01-31 (559)498-4441 APPLICANT: Country Club Developers Assessor's 466 West Fallbrook Avenue Parcel Number: Clovis, California 93612 . 361-080-38, 50, 87 PROJECT DESCRIPTION AND LOCATION: Plan Amendment Application Filed with: No. A-01-20, Rezoning Application No. R-01-31,Tentative Tract No. 5000 and REBECCA E. KLISCH, City Clerk Tentative Tract No. 5029 proposes to amend the Woodward Park Community 2nd Floor-City Hall Plan from the ag/urban reserve to the medium-low density residential plan 2600 Fresno Street designation and rezoning from the AL-20(County)to the R-1/UGM zone district Fresno,California 93721-3603 to allow for the development of a total of approximately 458 single family residential lots on approximately 125 acres of property located on the south side of East Copper Avenue between the North Cedar and North Millbrook Avenue alignments. The Plan Amendment application also includes the redesignation of Copper Avenue between Cedar and Millbrook Avenues from the arterial to superarterial street classification. Theenvironmental assessment also includes the detachment of the subject property from the Fresno County Fire Protection District and the Kings River Conservation District and annexation to the City of Fresno. The Environmental Assessment further includes the termination of Fresno County Agricultural Preserve Contracts 6298 and 6299. 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 CEQ�A Guidelines and the California Environmental Quality Act: Any rating of"T'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 contributedby 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 I d effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: David Braun SIB MI E Y: Planner III DATE: October 16 2001 ERT J. ARO, Pla n anager ' PLANNING AND DEV OPMENT DEPARTMENT DEB:IeIAMMSOA-01-20.R-01-3l-MND NVIRONMENTAL CHEC7.7,JST oEBAcl:WNISOA-01-20.R-01-31_EAc )tential Environmental Effects .. - EA NO. A-01-20,R-01-31,TT-5000,TT-5029 1.0 TOPOGRAPHIC SOIL GEOLOGIC,; . 1 10 Availability of storm water drainage facilities CONSIDERATIONS (on or off-site) " l 1.1 Geologic Eaiiiff,unstable soil conditions 1 11.8 Availability of adequate park and recreation l 1.2 Adverse charge Ti topography or ground surface relief. - areas l 1.3 Destruction of unique geologic or physical features 1 11.9 Unusually high solid waste generation l 1.4 Increased water erosion 12.0 HAZARDS 2.0 AIR QUALITY 1 12.1 Risk foRisk explosion or release of hazardous 2.1 Substantial indirect source of pollution(large vehicle substances generator) 1 12.2 Site subject to flooding 1 2,2 Direct on-site pollution generation 1 12.3 Adverse change in course of now of flood F 2.3 Generation of objectionable odors waters l 2.4 Generation of dust except during construction 1 12.4 Potential hazards from aircraft accidents t 2.5 Adverse local climatic changes 1 12.5 Potential hazards from landfill and/or toxic waste sites 3.0 WATER 3.1 Insufficient ground water available for long-term 13.0 AESTHETICS project use 1 13.1 Obstruction to public or scenic vista or view 3.2 Use of large quantities of ground water i 1 13.2 Creation of aesthetically offensive conditions l 3.3 Wasteful use of ground water 1 13.3 Removal of street trees or other valuable l 3.4 Pollution of surface or groundwater supplies vegetation 3.5 Reduction in ground water recharge 1 13.4 Architectural incompatibility with surrounding 4.0 PLANT LIFE area 1 4.1 Reduction of the numbers of any unique,rare,or 14.0 HISTORICAL/ARCHAEOLOGICAL endangered species 1 14.1 Removal of historic building,disruption of _ 4.2 Reduction in acreage of agricultural crop archaeological site _ 4.3 Premature or unnecessary conversion of prime 1 14.2 Construction or activity incompatible with agricultural land adjacent historic site 5.0 ANIMAL LIFE 15.0 ENERGY 5.1 Reduction in the numbers of any rare,unique,.or 1 15.1 Use of substantial amounts of fuel or every endangered species 1 15.2 Substantial increase in demand upon existing 5.2 Deterioration or displacement of valuable wildlife sources of energy habitat 1 15.3 'Wasteful use of energy 1 6.0 HUMAN HEALTH 7.0 NOISE I ` Explanation of Ratings ! 7.1 Increases in existing noise levels 11V Insufficient Information _ 7.2 Exposure to high noise levels 8.0 LIGHT AND GLARE Insufficient information is available to determine _ 8.1 Production of glare,which will adversely affect the potential environmental effects which may residential areas result from the proposed project in this category. _ 8.2 Exposure of residences to high levels of glare No Significant Environmental Effect 9.0 LAND USE 9.1 Incompatibility with adopted plans and policies The proposed project will not have an adverse 9.2 Acceleration of growth rate environmental effect in this category,or any such 9.3 Induces unplannedgrowth effect is not substantially unusual or of undesirable 9.4 . Adverse chanmagnitude. This rating is also utilized in cases ge in existing or planned area characteristics where the category is not applicable to the particular project under consideration. 10.0 TRANSPORTATION AND CIRCULATION 10.1 Generation of vehicle traffic sufficient to cause capacity 112" Moderate Environmental Effect deficiencies on existing street system 10.2 Cumulative increase in traffic on a major street for 1 The proposed project will have an adverse which capacity deficiencies are projected environmental effect in this category,which is 10.3 Specific traffic hazard to motorists,bicyclists,or of sufficient ma tude to be'of specific concern. pedestrians However,this effect is not substantial enough in 10.4 Routing of non-residential traffic through residential itself to require the preparation of an Environmental .area Impact Report. 10.5 Insufficient or poorly locatedparking 10.6 Substantial increase in rail and/or air traffic 113" Significant Adverse Environmental Effect 11.0 URBAN SERVICES The environmental effect identified in this category 11.1 Availability of fire protection substantiates in itself or contributed toward a 11.2 Lack of emergency vehicle access finding that the proposed project has a potentially 11.3 Adequacy of design for crime prevention significant adverse effect on the environment 11.4 Overcrowding of school facilities sufficient to require the preparation of an 11.5 Availability of water mains of adequate size Environmental Impact Report. 11.6 Availability*of sewer lines of adequate capacity II 1514 �t4 F7 E'. COPPER AVE. F.ALF.fO. TI' I wssar�� 62ooC usn. ! Q ST i 39.09Aa 19-Ma r&84Aa ! 1.74 71 z z /89 1.7n / s saC R-1/UGM d /9 CrTYOFFRESNO / O8 T `91 QUM Q36E1a Ess 1 296-WF- AE EAYTERNA�YOKAL �o• -20 63 tit Da � a x WMAVE 119.22Ac C-9048 4 ® C-91-49 / C-93-26 \68/ IN / 2 . �lsj `71/ EE�9 mn / / ♦ oY C-I/UGM/cz LU/66�AM / ♦ 9 / ♦ R-92-69 `' t / /67� - c J � / zzCr 'a,4� Z F-86RMER Bk S h 401 -20Bk a51ft 1202 IONS: 1158 202 56T UUM 1216 UGM-545 1233 Agrlcultura/PneS@Ne C-94-20 1254 Parcel Map No. 2673-Bk 17, Pg. 53 c-9e�i C-09-42 VI i CIN"TY PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-01-020 N DEPARTMENT From Ag/Urban Reserve to Med.Low Density Resid. A.P.N.: _ REZONING APPLICATION NO. R-01-031 w -30.1z081-38,50,87 E From AL-20(County)to R-1IUGM ZONE MAP: Southeast comer N.Millbrook & E. Co s Aper Aves, NOT TO SCALE BY/DATE: _J.,S-J 10. 9-0 11 -_ ; -- r Al INITIAL STUDY Environmental Assessment No. A-01-20, R-01-31, TT-5000, TT-5029 PROJECT DESCRIPTION Plan Amendment Application No. A-01-20,Rezoning Application No. R-01-31, Tentative Tract No. 5000,Tentative Tract No. 5029, filed by Country Club Developers, pertains to approximately 125 acres of real property located on the southeast corner of North Millbrook and East Copper Avenues. The plan amendment application proposes to amend the Woodward Park Community Plan to change the planned uses of the subject properties from agriculture-urban reserve to medium-low density residential land uses. The rezoning application proposes to rezone the subject property from the AL-20 (County) zone district to the R-I1UGM(Single-Family ResidentialfUrban Growth Management) zone district. Tentative Tract No. 5000 proposes to'develop 48 acres of the subject property into 124 single- family residential lots. Tentative Tract No. 5029 proposes to subdivide the remainder of the property into 334 single-family residential lots. The plan amendment also includes the redesignation of Copper Avenue between Cedar and Millbrook Avenues from the arterial to the superarterial street classification. The project further includes the termination of Fresno County Agricultural Preserve Contracts AP6298 and AP6299; the removal of the project properties from the Fresno County Fire Protection District and Kings River Conservation District and annexation to the City of Fresno. Bordering Properly Information: Planned Land Use Existing Zoning Existing Uses North: Not in City Sphere PUV(County) Copper River Golf Course and (Planned Urban Village) proposed Copper River Ranch South: Open Space/Golf Course AE-20 Fort Washington Country Club East: Elementary School/ AL-20 (County) Ponding Basin Ponding Basin R-1/UGM Single-Family Residential Medium-Low Density Residential West: Medium-Low Density Residential R-IIUGM Single-Family Residential 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. i. MTIAL STUDY EA No. A-01-20, R-01-31, TT-50.00,TT-5029 Page 2 October 16, 2001 - - The project area is located within the northeastern most portion of the City of Fresno's adopted d Sphere of influence and Urban Boundary area, which was planned for urban reserve by the Woodward Park Community Plan update adopted in 1989. The community plan's agricultural/urban reserve planned use together with supporting policies and implementation actions pertaining to the urban reserve areavere to be reconsidered with the scheduled Fresno General Plan update in 1994. While a draft General Plan Update was prepared, it was not initiated by the City.Council until February 1999 for preparation of an environmental impact report and formal public review. Several community plan amendments have subsequently been approved, including Plan Amendment Application No. A-95-11, which allow for consideration of proposals for urban land use and 'development within the urban reserve area. Environmental documents for previous plan actions 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 UrbanReserve Amendments) and Environmental Assessment Mitigated Negative Declaration No. A-95-11, A-95-06, A-95-08, A-95-13 (urban reserve policy and land use plan amendments). Additional environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and conclusions, together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 1984 General Plan Urban Area Boundary and Sphere of influence. The approval of the above-noted plan amendment applications with the accompanying environmental mitigation measures provided the opportunity to consider urban development within the urban reserve area. To the extent that the preceding environmental impact analyses. conclusions, findings and mitigation measures are applicable to the subject p'roiect, pursuant to Section 15150 of the CEOA Guidelines. they are incorporated herein by reference. Specifically the mitigation measures established by the mitigated negative declaration for Environmental Assessment No. A-9541, A-93-13, A-95-06., A-98-08 amending the Woodward Park Community Plan policies and measures pertaining to the urban reserve area adopted by City Council Resolution No. 96-11 (attached :the mitigation measures and findings of Final EIR No. 10117 certified by the adoption of City Council Resolution No. 94-108 (attached), and the mitigation measures and findings of Final EIR No. 10100 certified by the adoption of City Council Resolution No. 89-463 (attached).' Certification or approval of these environmental documents identified potentially significant adverse environmental impacts, appropriate mitigation measures, and findings of overriding considerations with respect to unavoidable significant impacts. The following impacts were identified by City Council Resolution No. 89-463 certifying Final EIR No. 10100 (Woodward Park Community Plan Update). i i INITIAL STUDY EA No. A-01-20, R-01-3.1, TT-5000, TT-5029 Page 3 � October 16, 2001. 1. Water- Groundwater overdraft, groundwaterjcontamination and reduced service levels. 2. Traffic - Increased traffic volumes and increased traffic congestion with reduced service levels. 3. Air- Increased mobile and stationary source air pollution. 4. Noise -Increased noise generated by vehicular traffic and commercial/industrial activities. 5. Geologic, Seismic, Soils, and Agricultural Land-Loss of agricultural land. 6. Increased energy consumption. Resolution No. 89-463 also contains a statement ofjoverriding considerations for the above unavoidable significant effects. The benefits of implementing the Woodward Park Community Plan outweigh unavoidable significant effects for the following reasons. 1. Without the plan, urban growth may continue to occur on the urban fringe without the benefit of policies which promote the community's well-being. 2. The Woodward area was identified as one of several appropriate urban growth areas b,y the 1984 Fresno General Plan for managed urban growth. 3. While the plan provides for a population of 65,000, it reduces the community's ultimate population holding capacity to a level substantially less than that anticipated by the 1984 General Plan to avoid excessive demands on limited sewer, streets, and groundwater facilities and resources. 4. The plan will provide for the managed use of public facilities to the extent economically appropriate. 5. It is economically, socially, and technologically infeasible, at this time, to reduce the generation of air pollution created by increased population and urban activities in the Woodward Park Community to a greater extent than that achieved in the metropolitan,area as a whole. 6. The management and maintenance of groundwater quantity and quality must be pursued on a comprehensive region-wide basis in cooperation with other responsible public agencies. 7. The"no project" alternative would not substantially reduce or avoid environmental impacts as incremental urban growth would continue to occur at a higher intensity and with less comprehensive mitigation measures. 8. If no further development was to take place in the Woodward Park Community Plan area, long-term impacts on groundwater resources,', increased traffic and generation of air pollution caused by urban growth would still occur as is result of expanded development elsewhere in the metropolitan area. ,. . , i . .. . . ENITIAL STUDY EA No. A-01-20, R-01-31, TT-5000, TT-5029 _ - Page 4 October 16, 2001 -_- -- 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; 2.1—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(SJVUAPCD) has been created as the governmental agency responsible for the 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'iquality 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 12.62 tons/year of ROG(Reactive Organic Gasses), 20.64 tons/year NOX(Nitrogen Oxides), 93.89 tons/year CO(Carbon Monoxide), and 0.84 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, i INITIAL STUDY - EA No. A-01-20, R-01-31, TT-5000, TT-5029 Page 5 October 16, 2001 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. 3.0-WATER; 3.1-Insufficient Ground Water 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 ETR 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 970 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. INTTIAL STUDY . EA No. A-01-20, R-01-31, TT-5000, TT-5029 Page 6 October,16, 2001 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 anamount 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 surfacewater due to inadequate groundwater aquifer recharge capabilities. 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 approximately 125 acres.. The peak estimated water demand for the. tentative tract is 970 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 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 of 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 be calculated at 0.55 wetted acres of recharge capacity for each developed acre. 2. Dedication of water well site or sites on which to construct city supply well(s) at a location(s) satisfactory to the Water Systems Manager. Completed city supply well(s) shall produce a minimum of at least.1,000 gallons per minute or twice this project' s peak demand,whichever is greater. Occupancy for up to 250 lots will be permitted upon completion of at least one city supply well and dedication of an additional water well site or sites as deemed necessary.. Additional occupancies°shall be conditioned upon completion of city supply well(s) which in aggregate shall produce a minimum of at least 1,000 gallons per minute or twice this project's peak demand, whichever is greater, or upon completion of the planned surface water treatment plant, estimated to be competed in the Spring of 20'04_ IMTIAL STUDY EA No. A-01-20, R-01-31, T7 .5000 T"T-5029. Page 7 a October 16, 2001 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. Development of new municipal supply wells has the potential to impact remaining agricultural wells in the vicinity. Remediation measures:may be imposed on future entitlement requests to address those impacts. 3. In the event funds in the 101 S Well Supply area are insufficient to construct the well(s), the developer may be required to construct the well(s)with equivalent fee credits to be applied to the development. 4. Payment of water connection fees currently in effect at the.time of development. 5. A minimum of two sources of water are required for this project. 4.0—PLANT LIFE: and 5.0—ANIMAL LIFE There are no native plants or significant wildlifepopulations 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 Portions of the subject site have historically been utilized for agricultural purposes and subject to a Fresno County Agricultural Land Conservation Contract. The proposed urban development of the project area will result in the cessation of agricultural activities. An application for termination of the contract has been filed by the project applicant. Furthermore, 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 environmental 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 i i _ l IIVITIAL STUDY --_ — EA No. A-01-20, R-01-31, TT-5000,TT-5029 - -- - _ - Page 8 z October 16, 2001 - 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 In order to mitigate any health-related impacts resulting from the proposed project, the following requirements will be imposed as conditions to the development of the subject site. 1. Constructionpermits for the 458-lot residential subdivision should be subject to assurance of sewer capacity at the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board(RWQCB). 2. Construction permits for the 458-lot residential subdivision should be subject to assurance that the City of Fresno's community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services,Division of Drinking Water and Environmental Management(DDWEM). 3. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The"oily water" removed from the well must be handled in accordance with federal, state, and local government requirements. Transportation of these materials on public roadways may require special permits and license. 4. Appropriate measures should be incorporated into the project to minimize potentially significant. short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufactures' specifications, and that noise generating construction equipment be equipped with mufflers. In addition, consideration should be given to limiting noise-generating construction activities to daytime hours as specified in your municipal code. ' 7.0-NOISE The project site will be exposed to vehicle traffic noise due to its location adjacent to planned arterial major street along the north boundary, East Copper Avenue. Arterial streets are typically developed with four travel lanes (two in each direction) and a center median island for channelized left-turn '. INITIAL STUDY - - EA No. A-01-20, R-01-31, 7T-5000, TT-5029 Page 9 October 16, 2001 lanes. However, both Plan Amendment Application No. A-01-20 and the pending draft 2025 Fresno General Plan update propose to redesignate East Copper Avenue as a super arterial, which would provide for six travel lanes(three in each direction)',with dual left tum lanes at intersections. Arterial and super arterial streets may have the capacity to accommodate average daily vehicle trips of 32,000 and 45,000 respectively. Although projected daily iraffic volumes would be substantially less than these maximum capacities. Implementation of applicable development policie&of the Woodward Park Community Plan provide for the substantial reduction of traffic generated noise. Where single-family residential lots are proposed to back onto the major streets,these policies require a 30-foot deep landscaped area from the edge of the street pavement to a block wall barrier(not less than 6 feet in height). Confirmation of compliance with the city's noise element standards for residential environments will be assured with the final project`design and a noise calculation:analysis. Typically the implementation of these design measures assure compliance with the city's noise element standards of 45 dBA Ldn,or less, interior noise and-60 dBA Ldn, or less, exterior noise exposure. Mitigation Measures 1. Development of the subject property shall comply with applicable policies and development standards, verified in accordance with the acoustical calculations prepared for,the subject property by a qualified acoustical consultant. 9.0—LAND USE Conformance with applicable plans and policies must consider provisions of the 1984 Fresno General Plan and the 1989 Woodward Community Plan. The project site is located on the northernmost fringe of the City of Fresno's urban boundary that was identified as potentially appropriate for urban development subject to determination of appropriate measures to provide.adequate water supply, sewer collection capacity and major street vehicle capacity. Based upon sewer collection,water production, and major street traffic capacity studies the1989 Woodward Park Community Plan expanded the area designated as appropriate for urban development and retained an agriculture/urban reserve perimeter as a five-year interim policy pending reevaluation of this fringe area with the general plan update scheduled for 1994. Although the general plan update did not proceed as scheduled, Plan Amendment Application No. A-95-11 was approved in 1996 to allow consideration of plan amendments..for urban uses with a limitation that residential development not exceed an average of five dwelling units per acre. The proposed plan amendment would change the planned land use from agriculture/urban reserve to medium-low density residential for 125 acres. This Iplan designation would accommodate the proposed development of 458 single-family residential lots ata density of 3.7 dwelling units per acre. The overall intensity of the project would not generate a demand for sewer collection capacity or domestic water supply to a greater degree than that provided'by the provision of Plan Amendment No. A-95-11 that development not exceed five dwelling units per acre. INITIAL STUDY EA No. A-01-20, R-01-31,TT-5000, TT.-5029' Page 10 October 16, 2001 Based upon these previous actions and the applicability of adopted development standards, plan policies/implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. 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 rojectedThe proposed medium-low density residential development can be expected to generate approximately 4383 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. Collector streets such.as East International Avenue, East Olympic Avenue, and North Millbrook Avenue are designed'to provide two travel lanes in each direction with no median island separation, which accommodates a capacity of 24,300 VTD. Collector streets are also required to be designed to provide bicycle lanes (94-foot collector street'right-of-way) with right-turn lanes and bus turnouts at major street intersections (110-foot right-of-way). East Copper Avenue is proposed to be redesignated from an arterial to a super arterial street between North Millbrook Avenue and the North Cedar Avenue. This designation is compatible with the City. of Fresno's proposed 2025 Fresno General Plan update and the supporting transportation planning analyses conducted during the past seven years. A super arterial street is expected to provide three travel lanes in each direction with a median island wide enough to provide dual left-tum lanes. Single right-turn lanes and bus turnouts are also provided at the one-half mile major street intersections. These design standards are expected to provide a vehicular capacity of approximately 45,000 vehicle trips per day similar'to an expressway street. The City of Fresno's present practice is to strive to limit super arterial left-tuna movements to the one-half mile major street intersections with right-turn only access at the one-quarter mile location between intersections. The County of Fresno, however, has proposed the designation of East Copper Avenue as an expressway which would prohibit all vehicular,bicycle and pedestrian access to the street right-of-way except at the one-half mile major street intersections-. In addition,the City of Clovis, has identified the Copper Avenue alignment east of North Willow Avenue as a beltway suitable for implementation with expressway standards. While Copper Avenue will serve as a significant east-west traffic carrier, and a potential future San Joaquin River crossing into Madera County is being studied, the super arterial designation will provide appropriate traffic carrying capacity and speeds appropriate for its location and functions Determination of the precise right-of-way width and alignment of East Copper Avenue is dependent upon multi-agency cooperative•planning and the participation of affected adjacent property owners. Substantial factors include a variable terrain and the presence of the high voltage electrical transmission INITIAL STUDY _ EA No. A-01-20, R-01-31, TT-5000, TT-5029' - Page l l October 16, 2001 line located immediately adjacent to the north side of the present right-of-way. In addition,the City of Fresno's Woodward Park Community Plan and Master Trails Manual,as well as the County of Fresno's General Plan, designate a bikepath/multi-purpose recreation trail along the Copper Avenue alignment. The precise width and alignment of both the trail and the street right-of-way will be determined through a multi-agency review and approval of precise development plans for this proposed project aswell as the Copper River project. While the major street system is projected to have.adequate capacity to serve-the proposed project,the 1989 Woodward Park Community Plan and EIR together with other previously referenced planning and environmental analyses 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. Projected traffic volumes(year 2020) on major streets in the project vicinity (approximately one-mile) include a range of 5,700 to 14,700 VTD on East Copper Avenue and 1,000 to 5,050 on North Millbrook Avenue. These traffic volumes are well within the design capacity planned for these streets. However, these studies, based upon a computer traffic model maintained by the.Council of Fresno County Governments(COG), have also identified .several major street and highway segments with projected capacity deficiencies primarilywithin'or adjacent to the designated Freeway 41 Activity Center,and Herndon Avenue Corridor. ' The most substantial traffic capacity deficiencies are predicted.to occur within the Woodward Park Community Plan Area along Friant Road, Herndon Avenue and Freeway 41._These projected street capacity deficiencies are primarily the result of previous planning and development decisions that have, occurred 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 also apparent that a substantial portion of the predicted vehicle trips impacting the planarea's major street system 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 MetropolitanArea 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 asserting that 30 percent of the vehicle trips attributed to the proposed project during the peak hour traffic periods (7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.) will impact the State Route(SR) 411Friant Road Interchange. Based upon this number Caltrans has requested that the project be required to pay a traffic impact fee of$236,300 ($1,700 per projected peak hour vehicle 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 INITIAL STUDY EA No. A-01-20, R-01-31, TT-5000,.TT-5029 _ Page 12 October 16,:2001 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 affuYned by the City of Fresno and Caltrans staff ata 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 substantial excess capacity. 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 343 vehicle trips would be generated by the proposed project during the morning(a.m.) peak hour periods. However, few of the vehicle trips are predicted to affect freeway access points. It is predicted that 40 trips would use the southbound Freeway 41/Friant loop access ramp. During the evening(p.m.) peak hour periods the analysis predicted 463 trips would be generated by the project, with 71 trips desiring to use the northbound exit ramp at Freeway 41/Friant. 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 permissable 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: INITIAL STUDY EA No. A-01-20,,R-01-31, TT-5000, TT-5029-- Page T-5029—Page 13 _ October 16, 2001 - 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 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 City of Fresno's 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 will be evaluated and applied to the project development entitlements or special permits as determined by the Public Works Director. 1. East Copper 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 southerly half of the median island, two eastbound travel lanes including curb, gutter, streetlights, sidewalk, and any portion of the westbound turn lane at Millbrook Avenue which is north of centerline. INITIAL STUDY - _- EA No. A-01-20, R-01-31, TT-5000, TT-5029- _ Page 14 October 16, 2001 _ 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 Copper 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. 2. The required dedications, as well as the determination of access points, are deferred until the time of development. In addition, the mitigation measures of EM No..10117 and Environmental Assessment No. A-95-11 are incorporated herein by reference. 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 proposed project is located within a one mile service radius of Temporary City of Fresno Fire Station No. 21, which is located at North Millbrook and East.Olympic Avenues. 11.4—Overcrowding of School Facilities The subject site is within the enrollment area of the Clovis Unified School District and Liberty Elementary School. The district has.acquired an elementary school site at the northwest corner of the Cedar and Olympic Avenue alignments. Students from this project will ultimately attend this new school_ Construction is expected to begin within the next few years. 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 Liberty 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 for residential development and $.33 for commercial/ industrial development. Development of the project site will'be subject to the fees in place at the time fee certificates are obtained: INITIAL STUDY EA No.A-01-20, R-01-31, TT-5000,TT-5029„.:s Page 15 October 16, 2001 . 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 environmentalanalyses 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 134,652 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. 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. INITIAL STUDY EA No.'A-01-20, R-01-31,TT-5000, TT-5029-- Page 16 . October 16, 2001, 1. 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. 2. The developer shall replace or enhance the existing 21-inch section of sewer main to the capacity of the 42-inch sewer main immediately upstream. Match the upstream of the 42-inch sewer main located in North Cedar Avenue between East Herndon and East Fir Avenues. 3. The developer shall construct a sewer lift station and force main facilities as approved or directed by the City of Fresno. 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 five 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. 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: 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. I. 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 INITIAL STUDY EA.No. A-01-20, R-01-3l,,TT-5000, TT-5U29 v Page 17 October 16,,2001 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. DETERMINATION On the basis of this initial evaluation, it is determined that the proposed project is consistent with alf 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 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. DEB-=1e1.W.\IS1A-01-20,R-01-31,'IT 5000,'IT 5029-IS.wpd INITIAL STUDY 2.0—Air Quality EA No.A-01-20, R-01-31, TT-5000, TT-5029.. 3.0—Water Service Page 18 7.0—Noise October 16, 200 I 9.0—Land Use 10.0—Transportation and CITY OF FRESNO Circulation 11.0—Urban Services MITIGATED NEGATIVE DECLARATION MONITORING CHECKLIST ENVIRONMENTAL ASSESSMENT NO. A-01-20, R-01-31, TT-5000, TT-5029 MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY 2.1 Approval of the proposed project Development Prior to occupancy of Development shall be conditioned upon Dept., Building any building within the Dept., Building compliance with the San Joaquin Section project. Section and.Public Valley Unified Air Pollution and Public Works Works Dept., Control District(SJVUAPCD) Dept., Construction Construction, Regulation VIII,Rule 8020, as Management Div. Management Div. related to fine particulate matter and dust: 3.1 Developer shall provide adequate Dept. of Public Prior to occupancy of Dept.of Public 3.2 water service and groundwater Utilities any building within the Utilities,Public 3.5 recharge for the project per . project. Works'Dept.,and Department of Public Utilities Development Dept. memoranda dated October 16, 2001. 7.0. Development shall be in Development Dept. Prior to occupancy of Development Dept. compliance with acoustical any building within the analysis prepared for project. project. 9.1 Approval is subject to an amend- Development Dept. By City Council action Development Dept. 9.4 ment to the Woodward Park on Plan Amendment Community Plan maps& application. policies. 10.1 Project development is subject to Public Works Dept. By City Council action Public Works Dept. 10.2 street improvements standards & 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 adequate Dept. of Public Prior to occupancy of Dept. of Public 11.6 sewer and water service for the Utilities any building within the Utilities, Public project per Public Utilities Dept. project. Works Dept., and memoranda dated Development Dept. October 16, 2001. DED:eaae1 AK\IS\A-01-20.R-01-31,TT-5000-IS t 4 File No.210.45 .rin FRESNO METROPOLITAN FLOOD CONTROL DISTRICT -NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami, Chief Engineering Tech.DEYOUNG.COMMUNITIES, INC. Development Services Department 2109 W. BULLARD, STE. 101 City of Fresno FRESNO,.CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5029 PRELIMINARY FEES See below DRAINAGE AREA(S "DE", "DK", "BZ" DRAINAGE AREA DE $2,677.00 DATE -31 -2 ,6 DRAINAGE AREA DK $7,316.00 -� DRAINAGE AREA BZ $722,353.00 TOTAL FEE $732,346.00 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 Z prior to approval of the final map at the rates 1n effect at the time of such.approval. The fee O indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. ■ 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 percentageof runoff if'different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system.facilities is credited against the drainage fee obligation. sozv.xi. 5469 E.OLIVE - FRESNO,CA 93727 (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT _- NOTICE OF REQUIREMENTS Page2 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 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to : final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other' 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify tothe 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 X 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. SMAU 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. n 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 H 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 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. sow,a. 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. Gerald E. Lakeman, District Engineer Project Engineer: Ken Vang C: EDWARD D. DUNKEL&ASSOCIATES 875 W. ASHLAN, STE. 102 CLOVIS, CA 93612 5029.xla 5469 E.OLIVE - FRESNO,CA 93727 (559)456-3292 - FAX(559)456-3194 Two sided document - NOTE: THIS DRAWING IS SCHEMATIC, --.- DISTANCES ARE APPROXIMATE COPPER AVE. IIN ®- WELL SITE BY OTHERS o __ _ BASIN EXPANSION`AREA ti 0 8� PUMP STATION / STANDPIPES � AC 24" RELIEF LINE I _ 1071 36. Lu � \ I Q CN BASIN EXPANSION AREA p Y I w cliO ti%K r T 1 I �+• ppb , �� ---�.�_ � I i - - - - - - - - - �c ►v ,COQ'/�' I 1 M \\_ 30n 24 O / rvok Lu N 30" J `` LEGEND INTERNATIONAL AVE. MASTER PLAN FACILITIES TO BE CONSTRUCTED BY 27,000 CY EXCAVATION DEVELOPER — PIPELINE .(SIZE SHOWN) & INLET. BT TRACT 5000 EXPANSION AREA — CLEARING, CURB, GUTTER, SIDEWALKS, C3 STREEILIGHTS�& MOWSTRIP TO BE CONSTRUCTED ® CURB, GUTTER, SIDEWALK, STREETLIGHTS BY DEVELOPER — NOT ELIGIBLE FOR FEE CREDIT do MOWSTRIP TO BE CONSTRUCTED BY DEVELOPER — ELIGIBLE SCALE 1"=400' ®— FUTURE MASTER PLAN FACILITIES FOR FEE CREDIT I —————— INLET BOUNDARY [.}•—�—� MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DRAINAGE AREA BOUNDARY TRACT 5000 DIRECTION OF'DRAINAGE TRACT 5029 EXHIBIT NO. I DRAINAGE AREA: "N", "DE" & "DK" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 1 NCPP 090502 J:\ENGINEERING\AUTOCAO\OWOS\OEXHIBITS\TRACTS\5029.DWG Qom' 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 District recognizes that the developer's proposed street patterns for Tract 5029 are not consistent with the alignment of the Master Plan facilities, as identified on Exhibit No. 1. The storm drain . facilities may be slightly realigned to be compatible with the proposed street layout for Tract 5029. However, drainage fee credit.,will only be granted for the Master Plan storm drain facilities identified : on Exhibit_No.1. The proposed development of Tract 5029 is located in an area that has historically provided a passage for major storm water flows from the Fort Washington golf course, located immediately south of Tract 5029, to reach Olympic Avenue and Millbrook Avenue. The grading of the proposed site shall be . designed such that there are no adverse impacts to the passage of said major storm water at any location from the golf course to.Olympic Avenue and Millbrook Avenue. A fifteen (15') foot wide 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. The Developer of Tract 5000 to the east, has elected to construct the future master plan facilities east of Tract 5029 to Basin "BZ". Upon completion of these storm drainage facilities, permanent drainage service will be available to the southerly portion of Tract 5029. The Developer of Tract 5000 has also been required to relocate the Basin "BZ" fence to the west and to the south to accommodate the basin expansion. This work will also include moving the northerly fence and filling the north slope as necessary. It is anticipated this work will precede the development of Tract 5029. However, if it does not the Developer of Tract 5029 shall coordinate his construction activity with Tract 5000. No surface run-off shall be directed towards the FMFCD basin. The District recommends. a single fence between the site and the .District's basin. The Developer -should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the . existing chain link fence is proposed, District review and approval of the proposed fence is required. Development No. Tract 5029 Page 1 of 2 engr\permit\exhibits2\(kv)tract\5029 OTHER REQUIREMENTS EXHIBIT NO. 2 - — The District requests that the-grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan. The Developer shall remove all existing trees and irrigation facilities within the potential basin expansion.area, as identified on Exhibit No. 1, prior to the relocation of Basin`BZ". The Developer shall construct the permanent.Copper Avenue street improvements along Basin "BZ which includes the two eastbound center section -travel lanes, and a seventeen-foot (17') wide westbound center section travel lane with permanent paving and a median island to Public Works Standards. The eligible cost for street improvements which includes, sidewalk, mowstrip, curb, gutter, streetlights and eighteen-foot (18') of permanent pavement is based on the currently approved basin design. If the street improvements are constructed prior to development of this site this requirement will be dropped. Any cost for additional street improvements along Millbrook and Copper Avenues associated with the relocation of Basin"BZ"will not be eligible for fee credit. The construction requirements include storm drain work off-site of this project in.major streets. In order to minimize the interference with traffic, time limits and liquidated damages will be included in the District/Developer Agreement and the construction documents for the storm drain. Failure to comply with the time limits will result in reduced fee credits. The lowest on-site gutter elevation allowed within Tract 5029.is 349.00' USGS. The District requests that the Grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance.of on-site grades,prior to preparing a grading plan. The developer will be required to install a water service line at the southwest corner of Basin "BZ" which will be fee creditable. Development No. Tract 5029 Page 2 of 2 engrlpertni t\exhibits2\(kv)tmct\5029 -0Fe-,CES OF .� • ��. III��P�I ATIOl�I�I►�TI�IC�T� PHONE(559)233-7161 FAX(559)233-8227 �F2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water February 28, 2002 : Mr. Robert Lewis �` �' f`• . �2 Planning Divisionb �iLhPVENT D`PARRMNT Current Planning Section CITY OF FRESNO 2600 Fresno St. Third Floor Fresno, CA 93721-3604 RE: Vesting Tentative Map Of Tract No; 5029/UGM Dear Mr. Lewis, FID's comments and requests are as follows: ' 1. FID does not own, operate, or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 321. Sincerely, FRESNO IRRIGATION DISTRICT sse A. Zapien Drafting Technician JAZ: vm Enclosures File:Agencies/CityNTM5029/UGM BOARD OF President EDGAR WALDRON,Vice-President EDDIE NIEDERFRANK,JEFF NEELY DIRECTORS JEFF BOSWELL JACOB C.ANDRESEN,General Manager,GARY SERRATO City r)t _ - TOO sdN,;1 March 27, 2002 To: Robert Lewis, Supervising Planner Development Department, Planning Division Through:. . Bob Madewell, Public Works Manager Public Works Department,Transportation From: Jose Luis Benavides, P.E.- Public Works, Transportation Planning SUBJECT: TRACT 5029 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 maybe 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 Hemdon(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 %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 proposedas candidates for grant projects since both of these roadways are considered transportation corridors on the County of Fresno Regional Transportation Plana 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 335 proposed residential lots (1 unit per lot),equates to a total @ 10 vehicle trips per unit of 3350 vehicle trips. 3350 trips at$37.38 per trip=$125,223 in fees that this Tract Map would be responsible for under this proposeddplan,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. Should this study fail to find that there is no legal nexus for improvements, all voluntary fees paid by this development shall be reimbursed in the amount equal to the payment amount of this development. In an effort to better serve the interest ofthe 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