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Home My WebLink AboutT-5078 - Report - 7/25/2006 f,``J'8' FINAL MAP CHECKLIST _■\\i REPORT TO THE CITY COUNC TACT NO. 578/Um February 3, 2004 OF VESTING TENTATIVF TRACT NO. 5071 FROM: NICK P. YOVINO, Director DEPARTMENT DIRECTOR Planning and Development Department CITYMANAGER BY: DARRELL UNRUH, Planning Manage �o Planning Division 1W kV• Rd7d0 SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-07 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-07/T-5078 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No. R-03-07/ T-5078 dated December 30, 2003. 2. APPROVE Rezone Application No. R-03-07 to rezone the subject property from the AE-5/UGM (Five Acre Exclusive AgriculturaUUrban Growth Management) to the R-1/UGM (Single Family Residential/ Urban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-03-07 proposes to change the zone district from AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management)to R-1/UGM(Single Family Residential/Urban Growth Management) for approximately 63 acres of property located at the southeast corner of West Palo Alto and North Bryan Avenues. The applicant,Ciao Properties,has also filed Vesting Tentative Tract Map No.5078/UGM proposing to subdivide the subject property into a 205-lot single family residential subdivision at an overall density of 3.25 units per acre. The vesting tentative tract map was approved by the Planning Commission and no appeals were received; therefore, the Planning Commission's action on the tentative tract map is final. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Bullard Community Plan. PROJECT INFORMATION PROJECT A 205-lot single-family residential subdivision on approximately 63 acres (gross) of property to be developed at an overall density of 3.25 units per acre APPLICANT Ciao Properties (Engineer: Gary Giannetta) LOCATION Southeast corner of West Palo Alto and North Bryan Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 63 acres LAND USE Existing -Vacant Proposed - Single Family Residential ZONING Existing: AE-5/UGM (Five Acre .Exclusive Agricultural/Urban Growth Management) Proposed: R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION Proposed R-1/UGM zone district and 205-lot single family AND CONSISTENCY residential subdivision is consistent with 2025 Fresno General Plan and Bullard Community Plan designation of the site for Medium Density Residential land use 4 REPORT TO THE CITY COUNCIL Rezone Application No. R-03-07 February 3, 2004 Page 2 ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on December 30, 2003. PLAN COMMITTEE The Bullard Citizens Advisory Committee took action at their RECOMMENDATION meeting on October 27, 2003 to unanimously recommend approval of the applications. STAFF RECOMMENDATION Approve Rezone Application No. R-03-07 and related Environmental Assessment No. R-03-07/T-5078. PLANNING COMMISSION On January 21, 2004, the Fresno City Planning Commission RECOMMENDATION voted 6 to 0 to recommend approval of the rezone application and related environmental assessment. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Public Facilities-School AE-5/UGM Elementary and Five Acre Exclusive AgriculturaUUrban Middle School Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management South Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive AgriculturaUUrban Growth Management East Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management West Light Industrial AE-5/UGM Vacant Five Acre Exclusive AgriculturaUUrban Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-07/T-5078 considered potential environmental impacts associated with the subject rezone and tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on December 30, 2003. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. 4 REPORT TO THE CITY COUNCIL Rezone Application No. R-03-07 February 3, 2004 Page 3 BACKGROUND 1 ANALYSIS The applicant, Ciao Properties, has filed Rezone Application No. R-03-07 and Vesting Tentative Tract Map No. 5078/UGM for 63 acres of property located on the southeast corner of West Palo Alto and North Bryan Avenues. The rezone application is requesting a zone change from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management)zone district. Vesting Tentative Tract Map No.5078/UGM is proposing to subdivide the subject property into 205 single family residential lots for a density of 3.25 dwelling units per acre. On November 19,2002,the City Council,through Resolution No.2002-379,adopted the 2025 Fresno General Plan which updated the Bullard Community Plan. The updated Community Plan designates the subject property for medium density residential land use. The applicant wishes to pursue development of the subject property with 205 single family homes. The requested R-1/UGM zone district conforms to this medium density residential land use designation as indicated by the 2025 Fresno General Plan's"Planned Land Use and Zone District Consistency Matrix". Surrounding land uses are characterized by vacant and agriculture to the south,west and east and elementary and middle school to the north. Access to the subject site will be from North Bryan Avenue, which is designated as an arterial street, and West Palo Alto Avenue,which is designated as a local street. The traffic generated by this project can be accommodated by the planned circulation-system with street improvements completed by the project as required by development standards, Urban Growth Management(UGM)Service Delivery policies and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Bryan, North Grantland (diagonal alignment) and West Palo Alto Avenues. Bullard Community Plan Advisory Committee The Bullard Community Plan Advisory Committee reviewed Rezone Application No. R-03-07 and Vesting Tentative Tract Map No. 5078/UGM at their meeting on October 27, 2003; the committee took action to unanimously recommend approval of the applications. Fresno City Planning Commission Review On January 21, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of the rezone application. The Planning Commission also unanimously approved the vesting tentative tract map. No appeal has been received regarding the tract map; therefore, the commission's action on the tract map application is final. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 205 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate West Palo Alto Avenue as a local street, North Bryan Avenue as an arterial street, and the Grantland Diagonal as a superarterial street. The city's public works development standards provide for superarterials to be developed with two to three lanes of travel in each direction separated by a median island. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-tum and crossing i v REPORT TO THE CITY COUNCIL Rezone Application No. R-03-07 February 3, 2004 Page 4 vehicular movements. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The applicant will be required to dedicate and construct improvements, or provide security for the future improvements,for Grantland(diagonal alignment),Bryan and Palo Alto Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract;construction of an underground street lighting system; and relinquishment of access rights to North Bryan, West Palo Alto and Grantland(diagonal alignment)Avenues for all residential lots adjacent to these street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5078/UGM Conditions of Approval dated January 21, 2004. The applicant has agreed to pay a fee for major street intersection signalization. This fee is in addition to the Urban Growth Management requirements and has been established in lieu of preparing a traffic assessment as required by the mitigation measures established by the certification of MEIR 10130. A traffic model run was completed by the Council of Fresno County Governments (COG) utilizing the Institute of Traffic Engineers (ITE)Trip Generation Manual, Sixth Edition. This analysis predicts the number of peak hour vehicle trips that will be generated from the proposed project and the direction in which these trips will travel. Development of 205 single family residential dwelling units can be expected to generate an average of approximately 1,726 vehicle trips per day(VTD). Of these vehicle trips it is projected that 154 will occur during the morning (7 to 9 a.m.)peak hour travel period and 207 will occur during the evening(4 to 6 p.m.)peak hour travel period. A modest proportion of these projected trips are expected to access the Freeway 99 and Herndon Avenue interchange during morning peak period (12 trips) and the evening peak period (15 trips). Because much of the immediately surrounding area (primarily to the west and south) is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. California Department of Transportation (Caltrans) The California Department of Transportation(Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods(7:00 am to 9:00 am and 4:00 pm to 6:00 pm)which will impact the State Route(SR)99 interchange at Herndon Avenue. Caltrans estimates that a development of this size could generate approximately 67.27 vehicle trips to this interschange during peak travel times. It is noted that the model run prepared by COG staff concluded that there would be only 27 vehicle trips to the Herndon/Freeway 99 interchange during am and pm peak periods. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost, a reliable estimate of funding sources, a justifiable REPORT TO THE CITY COUNCIL Rezone Application No. R-03-07 February 3, 2004 Page 5 nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes)applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600)which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera- Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision is proposed to have one access point to North Bryan Avenue and two access points to West Palo Alto Avenue. The Public Works Department, Transportation Planning Section has reviewed the rezone and tentative tract map applications. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Grantland (diagonal alignment), Palo Alto and Bryan Avenues to their ultimate planned width. Noise Impacts Given that the proposed subdivision abuts a planned superarterial, an acoustical analysis was performed for the site. The acoustical analysis, prepared by Brown-Buntin and Associates and dated May 1, 2003, used the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is 67.4 dB DNL at the approximate center of the nearest backyards along Grantland Diagonal. The City of Fresno's adopted standard for an acceptable level of outdoor noise is 60 dB. The study concludes that the construction of an s 1 REPORT TO THE CITY COUNCIL Rezone Application No. R-03-07 February 3, 2004 Page 6 eight-foot solid wall (or approved combination of wall and berm) along the north portion of the eastern boundary of the tract(specifically lots 62, 63, 64, 79, 80, 81, and 82)and a ten-foot solid wall along the south portion of the eastern boundary of the tract(specifically lots 83 and 98-103)is required to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 59.7 dB at the first floor height. Indoor noise standards will be met with the construction of the sound wails and through building code requirements. KAMaster Files-2003\'REZONE\R-03-007-T-5078-SAC\R-03-07-T-5078-RCC.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5078/UGM dated November 26, 2003 Letters from Caltrans dated June 18, June 25 and September 26, 2003 Environmental Assessment No. R-03-07/T-5078(finding of a Mitigated Negative Declaration), issued on December 30, 2003 Planning Commission Resolution Nos. 11941 and 11942 Ordinance Bill a 1 UGM • l�"�I! Z AE-S/EANGM w W. HERNDON AVE. ... I I I EA/ !n w s rl of it !!f ni on Q ,1 sr C-P/EA/LJGMA:z I I I I I i AE45/UGM I I � I I 1 f...N' AVE. ALTO xvr_ SAE-5/l 1. M fL !!• ml f! ■ N A w. lid 1 I i i �►�, I j I I m I s! I iu sw I afr sfe I aw \/\ 01 I I I I r � J. j C. i� 0F?11 1\j � r�i� r �r� �A � � r � A�•5-U.G.M. 1 "CINrry MAP PLANNING & DEVELOPMENT REZONE APPLICATION NO. R-03-007 N DEPARTMENT From AE-5/UGM to R-1/UGM A.P.N.: 504-090-09 50 5J 9_G8&91(oortion) TENTATIVE TRACT MAP NO.T 5078w E To Subdivide the 63 acre site into 205 lots ZONE MAP: 1744 S BY/DATE: J.S. / 1-12-04 Between Palo Alto, Sierra, Bryan and Hayes Aves. NOT TO SCALE 'r r A F aAli , m r :s • a ��X ",iSFR vi Z(n n- w W 9 r +r i d I � �� s�. v�R•�S-T ti � � fIL In � Q oil { i • N r r m � ,•ai 7 4 Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Calhoun SECONDED BY Sterling BILL NO. B-10 ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDINGTHE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-07 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 21 st day of January, 2004, to consider Rezone Application No. R-03-07 and related Environmental Assessment No. R-03-07/T- 5078, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 3rd day of February, 2004, received the recommendation of the Planning Commission and concurs therewith. Ordinance Amending Official Zone Map Rezone Application No. R-03-07 Page 2 February 3, 2004 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. R-03-07/T-5078, dated December 30, 2003, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing medium density residential land use designation of the 2025 Fresno General Plan and Bullard Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district: Lots 289, 290, 291, 292, 293, 328, 329, 330 and 331 of J.C. Forkner Fig Gardens Subdivision No. 3, recorded in Volume 8, page 79 of Plats, Fresno County Records. ALSO those portions of Lots 287, 288, 332 and 333 of said J.C. Forkner Fig Gardens Subdivision No. 3 lying Northeast of the Northeast line of the PG&E easement recorded March 23, 1956 in Book 3744, page 551 as Instrument No. 22233, Fresno County Records. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 10th day of February , 2004, by the following vote: Ayes: Calhoun, Dages, Duncan, Perea, Sterling, Castillo Noes: Boyajian Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILD NTU MONTOY Cit ttor ey B :::� Deputy Rezone Application No. R-03-07 Filed by The McCaffrey Group Assessors Parcel Nos. 504-090-09, 10, 11, 50, 51, 67, 68, 91 (portion) KAMaster Files-2003\'REZONE\R-03-007-T-5078-SAC\R-03-07-CC OrdBill.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11941 The Fresno City Planning Commission, at its regular meeting on January 21, 2004, adopted the following resolution relating to Rezone Application No. R-03-07. WHEREAS, Rezone Application No. R-03-07 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM(Single Family Residential/Urban Growth Management)zone district EXISTING ZONING: AE-5/UGM(Five Acre Exclusive Agricultural/Urban Growth Management) zone district APPLICANT: The McCaffrey Group LOCATION: Southeast corner of North Bryan and West Palo Alto Avenues (63 acres) APN: 504-090-09, 10, 11, 50, 51, 67, 68, 91 (portion) LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM: Lots 289, 290, 291, 292, 293, 328, 329, 330 and 331 of J.C. Forkner Fig Gardens Subdivision No. 3, recorded in Volume 8, page 79 of Plats, Fresno County Records. ALSO those portions of Lots 287, 288, 332 and 333 of said J.C. Forkner Fig Gardens Subdivision No. 3 lying Northeast of the Northeast line of the PG&E easement recorded March 23, 1956 in Book 3744,page 551 as Instrument No. 22233, Fresno County Records. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single family residential subdivision; and, WHEREAS, the Fresno City Planning Commission on January 21, 2004, reviewed the subject rezone application in accordance with the policies of the Bullard Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the January 21, 2004 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-03- 07 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated December 30, 2003, prepared for Environmental Assessment No. R-03-07/T-5078. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Harrington, seconded by Commissioner White. ' Planning Commission Resolution No. 11941 Rezone Application No. R-03-07 Page 2 January 21, 2004 VOTING: Ayes - Harrington, White, Brand, Brown, Kissler, Vang Noes - None Not Voting - None Absent - DiBuduo DATED: January 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11941 Rezone Application No. R-03-07 Filed by The McCaffrey Group Action: Recommend Approval KAMaster Files-20031'REZONEIR-03-007-T-5078-SAC1R-03-07-PC Reso 11941.wpd f � City of J REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-B COMMISSION MEETING 1/21/04 January 21, 2004 rp APPROVED BY FROM: STAFF, Planning Division V9v" Planning and Development Department DEPARTMENT DIRECTO SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-07, VESTING iN[TATIVE TRACT MAP NO. 5078/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTLASSESSMENT NO. R-03-07/T-5078 1� EXECUTIVE SUMMARY Rezone Application No. R-03-07 proposes to change the zone district from AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management)to R-1/UGM (Single Family Residential/Urban Growth Management)for approximately 63 acres of property located at the southeast corner of West Palo Alto and North Bryan Avenues. The applicant, Ciao Properties, has also filed Vesting Tentative Tract Map No. 5078/UGM proposing to subdivide the subject property into a 205-lot single family residential subdivision at an overall density of 3.25 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Bullard Community Plan. PROJECT INFORMATION PROJECT A 205-lot single-family residential subdivision on approximately 63 acres(gross)of property to be developed at an overall density of 3.25 units per acre APPLICANT Ciao Properties (Engineer: Gary Giannetta) LOCATION Southeast corner of West Palo Alto and North Bryan Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 63 acres LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing: AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) Proposed: R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION Proposed R-1/UGM zone district and 205-lot single family residential AND CONSISTENCY subdivision is consistent with 2025 Fresno General Plan and Bullard Community Plan designation of the site for Medium Density Residential land use ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on December 30, 2003. PLAN COMMITTEE The Bullard Citizens Advisory Committee took action at their RECOMMENDATION meeting on October 27, 2003 to unanimously recommend approval of the applications. STAFF RECOMMENDATION Recommend approval of rezone application and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5078/UGM dated January 21, 2004. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 2 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use 4' North Public Facilities -School AE-5/UGM Elementary and Five Acre Exclusive Agricultural/Urban Middle School Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management South Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management East Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management West Light Industrial AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-07/T-5078 considered potential environmental impacts associated with the subject rezone and tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on December 30, 2003. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND / ANALYSIS The applicant, Ciao Properties, has filed Rezone Application No. R-03-07 and Vesting Tentative Tract Map No. 5078/UGM for 63 acres of property located on the southeast corner of West Palo Alto and North Bryan Avenues. The rezone application is requesting a zone change from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract Map No. 5078/UGM is proposing to subdivide the subject property into 205 single family residential lots for a density of 3.25 dwelling units per acre. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Bullard Community Plan. The updated Community Plan designates the subject property f� REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 3 for medium density residential land use. The applicant wishes to pursue development of the subject property with 205 single family homes. The requested R-1/UGM zone district conforms to this medium density residential land use designation as indicated by the 2025 Fresno General Plan's"Planned Land Use and Zone District Consistency Matrix". Surrounding land uses are characterized by vacant and agriculture to the south, west and east and elementary and middle school to the north. Access to the subject site will be from North Bryan Avenue, which is designated as an arterial street, and West Palo Alto Avenue, which is designated as a local street. The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management(UGM)Service Delivery policies and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Bryan, North Grantland (diagonal alignment) and West Palo Alto Avenues. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 205 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard Community Plan,will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate West Palo Alto Avenue as a local street, North Bryan Avenue as an arterial street, and the Grantland Diagonal as a superarterial street. The city's public works development standards provide for superarterials to be developed with two to three lanes of travel in each direction separated by a median island. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The applicant will be required to dedicate and construct improvements, or provide security for the future improvements, for Grantland (diagonal alignment), Bryan and Palo Alto Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights to North Bryan, West Palo Alto and Grantland (diagonal alignment) Avenues for all residential lots adjacent to these street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5078/UGM Conditions of Approval dated January 21, 2004. The applicant has agreed to pay a fee for major street intersection signalization. This fee is in addition to the Urban Growth Management requirements and has been established in lieu of preparing a traffic assessment as required by the mitigation measures established by the certification of MSIR 10130. A traffic model run was completed by the Council of Fresno County Governments (COG) utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Sixth Edition. This analysis predicts the number of peak hour vehicle trips that will be generated from the proposed project and the direction in which these trips will travel. Development of 205 single family residential dwelling units can be expected to generate an average of approximately 1,726 vehicle trips per day (VTD). Of these vehicle trips it is projected that 154 will occur during the morning (7 to 9 a.m.) peak hour travel period and 207 will occur during the evening (4 to 6 p.m.) peak hour travel period. A modest proportion of these projected trips are expected to access the Freeway 99 and Herndon Avenue interchange during morning peak period (12 trips) and the evening peak period (15 trips). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 4 Because much of the immediately surrounding area(primarily to the west and south)is not developed,the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan,will be required to pay impact fees specific to the traffic signalization of the major street intersections. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods (7:00 am to 9:00 am and 4:00 pm to 6:00 pm)which will impact the State Route(SR)99 interchange at Herndon Avenue. Caltrans estimates that a development of this size could generate approximately 67.27 vehicle trips to this interschange during peak travel times. It is noted that the model run prepared by COG staff concluded that there would be only 27 vehicle trips to the Herndon/Freeway 99 interchange during am and pm peak periods. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost,a reliable estimate of funding sources,a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements,the imprecise estimate of costs and probable funding sources,and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact)required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 5 will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessaryto provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision is proposed to have one access point to North Bryan Avenue and two access points to West Palo Alto Avenue. The Public Works Department, Transportation Planning Section has reviewed the rezone and tentative tract map applications. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Grantland(diagonal alignment),Palo Alto and Bryan Avenues to their ultimate planned width. Noise Impacts Given that the proposed subdivision abuts a planned superarterial, an acoustical analysis was performed for the site. The acoustical analysis, prepared by Brown-Buntin and Associates and dated May 1,2003, used the Federal Highway Administration(FHWA)Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is 67.4 dB DNL at the approximate center of the nearest backyards along Grantland Diagonal. The City of Fresno's adopted standard for an acceptable level of outdoor noise is 60 dB. The study concludes that the construction of an eight-foot solid wall (or approved combination of wall and berm)along the north portion of the eastern boundary of the tract(specifically lots 62, 63, 64, 79, 80, 81, and 82) and a ten-foot solid wall along the south portion of the eastern boundary of the tract (specifically lots 83 and 98-103) is required to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 59.7 dB at the first floor height. Indoor noise standards will be met with the construction of the sound walls and through building code requirements. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of the lots in the subdivision exceed the minimum lot size requirement. In addition, all lots meet or exceed the minimum lot width (60 feet)and depth (100 feet) as required by the R-1 zone district. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and Bullard Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). r REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 6 1. The proposed subdivision map,together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Bullard Community Plan designates the site for Medium Density Residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, 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 insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 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. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5078/UGM dated November 26, 2003, and the Conditions of Approval for T-5078/UGM dated January 21, 2004. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action of the proposed tentative tract map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL to the City Council of a finding of Mitigated Negative Declaration for Environmental Assessment No. R-03-07/T-5078 dated December 30, 2003. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-03-07 which proposes to rezone the project site from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. , 1 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-07 Vesting Tentative Tract Map No. T-5078/UGM January 21, 2004 Page 7 3. APPROVE Vesting Tentative Tract Map No. 5078/UGM subject to compliance with the Conditions of Approval dated January 21, 2004. KAMaster Files-2003\REZONE\R-03-007-T-5078-SAC\R-03-07-T-5078-RPC.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5078/UGM dated November 26, 2003 Conditions of Approval for T-5078 dated January 21, 2004, including letters from Parks Department(07/03/03), Fresno Metropolitan Flood Control District(12/02/03)and San Joaquin Valley Air Pollution Control District (06/24/03) Letters from Caltrans dated June 18, June 25 and September 26, 2003 Environmental Assessment No. R-03-07/T-5078 (finding of a Mitigated Negative Declaration), issued on December 30, 2003 UGM AE-5/EANGM w W. HERNDON AVE. _ .... I III i < l OOE*UGM j C-P/ 1T�[[[ l �1 :I •I ISS an CZ �I [N C-P/E"GMAM I i i AE-i5MO M I I I i I I I I I � 1 xM ITS ITS e[ [ri [u [N I K+ 1K1•' AVE. &I A Al T SAir- AE-5A [M = tN 1 N no [[ t 114 !s? E O ■ N A 1A1 SIERRA w. » W • ■ 0 . I I I I �6t.9 m I a[ is aw I an N[ I aq I 1\1 r r? r I r, (3)A D r j l I I A�-5•U.G.M. pwt � I VICINIWV MAP PLANNING & DEVELOPMENT REZONE APPLICATION NO. R-03-007 N DEPARTMENT From AE-5/UGM to R-1/UGM A.P.N.: 504-090-09 50.51A7,68-&21(portion) TENTATIVE TRACT MAP NO. T 5078w E To Subdivide the 63 acre site into 205 lots ZONE MAP: 1744 S BY/DATE: J.S./ 1-12-04 Between Palo Alto, Sierra, Bryan and Hayes Aves. NOT TO SCALE a L �A1 O ` ink fi 4 ma y GG (1)CL o A- a ��k�y °Yee �YY7�� Qiy�y �a�� o LE 7 � �d �l h � E - R , � ° 11 1 -110045 Z W c r x { •��rW,ona nq -d4 r �a , � * 4y �jya1 ! _ in v _ yM t V�^_ oT ..„. a 1 ` _ N M N\ N l W v g I I ., r 2� ,m;� ;;"e ✓ne� �'� �YI� r'N.4 '-.z'� � II� ,,/� . FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11942 The Fresno City Planning Commission at its regular meeting on January 21, 2004, 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. 5078/UGM was filed with the City of Fresno and proposes a 203-lot single-family residential subdivision on 63 acres of land located at the southeast corner of North Bryan and West Palo Alto Avenues; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on January 21, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated January 21, 2004; and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5078/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on December 30, 2003, prepared for Environmental Assessment No. R-03-07/T-5078. NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5078/UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5078/UGM subject to the Planning and Development Department Conditions of Approval dated January 21, 2004 and subject to the following clarifications, modifications and additions to Condition Nos. 40 and 41 of the Conditions of Approval pursuant to the Planning Commission action of January 21, 2004: 40. Dedicate 110'124'of property for street right-of-way purposes, within the limits of this tract to meet the current City of Fresno Arterial to Super Arterial Street Standards. (See attached Exhibit "8') Construct concrete curb, gutter, sidewalk, 20-feet of permanent paving and transitions as necessary within the limits of this tract., including-the desigmetedFemainde The sidewalk pattern shall be constructed to a 10-foot residential pattern. 41. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for arterial street , including the desigmated remainder. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Harrington, seconded by Commissioner White. Planning Commission Resolution No. 11942 Vesting Tentative Tract Map No. 5078/UGM Page 2 January 21, 2004 VOTING: Ayes - Harrington, White, Brand, Brown, Kissler, Vang Noes - None Not Voting - None Absent - DiBuduo DATED: January 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11942 Vesting Tentative Tract Map No. 5078/UGM Filed by The McCaffrey Group Action: Approve KAMaster Files-2003\'REZONE\R-03-007-T-5078-SACT-5078-PC Reso 11942.wpd CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL January 21, 2004 VESTING TENTATIVE TRACT MAP NO. 5078/UGM Southeast corner of West Palo Alto and North Bryan Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development orwithin 90 days afterthe date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5233/UGM entitled "Exhibit A," dated November 26, 2003, the subdivider may prepare a Final Map in WL*W� ewa..• accordance with the approved tentative map. 30"o,iS • j°'o. b 2 Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any *bre04''r'04.. required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and �'� ►� �"` engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 2 January 21, 2004 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of m3b ow �6A76- existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187,"City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Awo n10 a�u� Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction;street trees, street signs, water service, sewering,and inspections in accordance with the City of Fresno Master Fee Schedule(City _AA,v 00. Resolution Nos. 79-606 and No. 80-420)and any amendments, modifications, or additions thereto;and in accordance with the requirements of State law as related to vesting tentative maps. 7. 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. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time AAM�n,,,�, of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish access rights to North Bryan, West Palo Alto and North Grantland (diagonal alignment) Avenues from all residential lots which abut these streets. Ref. Section 12- 1011-f-3 of the Fresno Municipal Code. r..aue per�f/J'` LANDSCAPING AND WALLS 10. Provide a 15-foot landscaped easement (and irrigation system) along the side or rear property lines of lots which side-onto or back-onto North Bryan Avenue. Provide a 10-foot landscaped easement (and irrigation system) along the side or rear property lines of lots which side-onto or back-onto West Palo Alto Avenue. Provide a 15-foot landscaped easement (and irrigation system) along the rear property lines of lots which back-onto Grantland Avenue (diagonal alignment). When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 3 January 21, 2004 11. Maintenance of the required landscape easements along North Bryan, North Grantland (diagonal alignment) and West Palo Alto 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. 12. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgements 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. 13. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 14. Construct a 6-foot high solid masonry wall along the rear property lines of all lots which back onto West Palo Alto and North Bryan Avenues (solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code). Construct an eight-foot solid wall (or approved combination of wall and berm) along the north portion of the eastern boundary of the tract(specifically lots 62, 63, 64, 79, 80, 81, and 82) and a ten-foot solid wall along the south portion of the eastern boundary of the tract(specifically lots 83 and 98-103) is required to fully reduce the noise to acceptable levels, per the Acoustical Analysis for Tract 5078 dated May 1, 2003, prepared by Brown-Buntin and Associates. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. BUILDING SETBACKS 15. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c. INFORMATION 6. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 17. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 18. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit 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 Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 9. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 4 January 21, 2004 abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 20. 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 (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 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; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 21. 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 developer/owner shall file a written application with the City of IFresno Director of Public Works, requesting apportionment of the unpaid portion of the i assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain 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(s) 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 No. 5078/UGM Page 5 January 21, 2004 22. The subdivider shall comply with Regulation Vlll of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 23. 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 approval of the Solid Waste Manager. PARK SERVICE 24. The developer/owner shall complywith the requirements in the attached memorandum from the Parks Division dated July 3, 2003, for Vesting Tentative Tract No. 5078/UGM. ?AML Urban Growth Management Requirements 25. 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 of the Fresno Municipal Code. FIRE SERVICE 26. Fire service will be provided by City of Fresno Fire Station No. 14. Provide residential fire hydrants and fire flows per Public Works Standards with two sources of water. 27. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Management Requirements 28. The subdivider shall be required to pay the appropriate Fire Station 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 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 29. 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. 5 — 30. The subdivider shall makerovisions for disabled p persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 31. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 6 January 21, 2004 32. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 33. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map siller3 approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 34. 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. 35. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Frontage Improvement Requirements: Major Streets: erV,e.pj s 3WiCcA1dJ1 North Gzaatfand Diagonal: Super Arterial 36. Dedicate 134'-149' of property for public street purposes within the limits of this tract to meet the current Official Plan Line in Volume 8, pages 34-55 in the Office of the Fresno FW. County Recorder (OFCR). 37. Construct concrete curb, gutter, sidewalk, 20-feet of permanent paving, and transition paving, as necessary, within the limits of this tract. The sidewalk pattern shall be - - - - constructed to a 10-foot residential pattern. W. 38. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for super v.,,(.s arterial streets. 39. Relinquish direct vehicular access rights to North Grantland Avenue from all lots within this tract. BOND P)y!`auV- (Proposed) North Bryan Avenue: Arterial 14,&,4e f-ev pG 1-2-s- /Jo lt`j4Z 40. Dedicate 110'-124'of property for street right-of-way purposes,within the limits of this tract to meet the current City of Fresno Arterial to Super Arterial Street Standards. (See attached Exhibit "B") Construct concrete curb, gutter, sidewalk, 20-feet of permanent /.w— � paving and transitions as necessary within the limits of this tract, 2900 WW. The sidewalk pattern shall be constructed to a 10-foot residential pattern. ' I CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 7 January 21, 2004 41. Construct Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for arterial Mu streets, 42. Relinquish direct vehicular access rights to the proposed North Bryan Avenue alignment from all lots within this tract. WP Div.?,FVC ^to, 43. Vacate the existing Bryan Avenue alignment within the limits of this tract. -Wo DO4AA16 Minor Streets: West Palo Alto Avenue (Local): 44. Vacate 5' of property along the entire lengthCf the Palo Alto frontage. Dv►'4 AW45. Construct concrete curb, gutter,sidewalk, up to 20 feet of permanent paving and transition, as necessary, within the limits of this tract. The sidewalk pattern shall be constructed to �— a 10-foot residential pattern. 46. Relinquish direct vehicular access rights to W. Palo Alto Avenue from all lots within this _ tract. Interior Streets: 47. Design and construct all curb,gutter,sidewalk(both sides),permanent paving,cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50 foot W and 54 foot streets. 48. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. ! Specific Conditions Requirements: 49. Eliminate the 4-way intersection at N. Rosalia N. Ensenada and W. Los Altos, as shown on Exhibit "A", dated November 26, 2003. 50. It is recommended that Ensanada Avenue be relocated to approximately lot 183 to provide for left turns to and from North Bryan Avenue. Should the developer choose not to do this, 01.W.S then this street will be limited to right-in and right-out turns only. 51. This tract will generate 154 a.m. / 207 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study shall be prepared and submitted to Traffic Planning prior to a TIS"scope"meeting being set. In lieu of a Traffic Impact Study the developer has the option of voluntarily paying an additional intersection and traffic signal mitigation fee. Contact the Planning and Development Department for additional information on this option. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 8 January 21, 2004 52. The GmiiDvacation of North Sierra Avenue public street right-of-way is required between the proposed Bryan and Grantland Diagonal, as shown on Exhibit "A" dated ,m0 VW 4,94 November 26, 2003. 53. Due to health and safety concerns, parking will be restricted on some of the lots adjacent or near to the proposed entry median islands. wwop UGM Requirements: 54. This Map is in UGM major street zone C/D-2; therefore pay UGM Major Street fees. ANDDIIA W1 (Proposed) North Bryan Avenue: 55. Dedicate and construct two 17' center section travel lanes from the southerly limits of this tract to the existing intersection at North Bryan Avenue and West Palo Alto Avenue. Details of said street shall be depicted on the approved tentative tract map. Dedication pW s-r>rj shall be sufficient to accommodate dual left turns at Bryan and Grantland and any other grading or transitions as necessary based on a 45 MPH design speed. 56. Construct an 8" raised concrete median island from the southerly limits of this tract to the median nose at the intersection with Palo Alto. P.td.trns6tc y�iC.o�S i3od<E✓�vec NorthDiagonal 57. No UGM construction is required. Payment of UGM fees only ,au0l11v4tq�6 Urban Growth Management Requirements 58. This map is in UGM major street zone D-1/E-2; therefore pay UGM Major Street fees at 44"o Dirt the time of Final Map approval. SANITARY SEWER SERVICE The nearest existing sewer main is a 48-inch sewer main in North Grantland Avenue (diagonal alignment) and a 10-inch sewer main in West Palo Alto Avenue. The following conditions are required to provide sanitary sewer service to the tract. 59. A 15-inch and a 12-inch public sewer main shall be extended from the North Grantland Avenue alignment northwesterly within the proposed Bryan Avenue alignment along the tract frontage. 60. A public utility easement as prescribed by the Public Works Department is required within the proposed Bryan Avenue alignment along the tract frontage extending easterly from the I.avp PW'f v� tract frontage southerly to the North Grantland Avenue alignment. 61. Separate sewer house branch shall be provided to each lot created within the subdivision. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 9 January 21, 2004 62. All public sewer facilities shall be constructed in accordance with Public Works Department _ standards, specifications and policies. ,Z(- u1m4T-,1 Iv' Urban Growth Management Requirements 63. Sewer connection charges are due and shall be paid for the project. 'W�WATER SERVICE There are existing 14-inch water mains in West Sierra and West Palo Alto Avenues to serve the proposed tract. The following conditions are required to provide water service to the tract. 64. Construct a 14-inch transmission grid water main southerlyfrom West Sierra Avenue within the North Grantland Avenue alignment then northwesterly within the proposed Bryan %) UT1Li* p"A) Avenue alignment along the tract frontage. 65. Separate water services with meter boxes shall be provided to each lot created. ` Dn-66-�t least two separate points of connection to the public water system is required for the tract and each phase thereof. i �71Yy 67. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. las 68. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno 'tOTtL-LT� standards. Urban Growth Management Requirements 69. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 70. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required Avo o,v s��,�rG UGM improvements)in accordance with the requirements of State Law as related to vesting tentative tract maps. 71. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 10 January 21, 2004 Right-of-Way Acquisition 72. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel 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/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 73. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 74. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FM FCD)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 S are identified in the District's letter to the Planning and Development Department dated b{L December 2, 2003. 75. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 11 January 21, 2004 CENTRAL UNIFIED SCHOOL DISTRICT 76. Provide the proper amount and type of cross walk striping to facilitate safe street crossing for students attending either of the two schools directly north of the proposed subdivision. The District recommends as a condition, at least one cross walk per school, for a total of 2, be installed. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 77. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated June 24, 2003, for Vesting Tentative Map No. 5078/UGM. DEVELOPMENT FEES AND CHARGES 78. This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) 2. Oversize Charge $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Charge $419/living unit Service Area: Cornelia 4. Wastewater Facilities Charge $2,119/living unit 5. House Branch Sewer Charge n/a 6. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE 7. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. 8. Frontage Charge $6.50/lineal foot 9. Fire Hydrant Charge $0.75/100 square feet (to 250 feet parcel depth) 10. Transmission Grid Main Charge $560/gross acre 11. Transmission Grid Main Bond Debt Service Charge $243/gross acre CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5078/UGM Page 12 January 21, 2004 12. UGM Water Supply Fee $354/living unit Service Area: 201-S 13. Well Head Treatment Fee $0/living unit Service Area: 201 14. Recharge Fee $0/living unit Service Area: 201 15. 1994 Bond Debt Service $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE 16. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE'` 17. UGM Fire Station Capital Fee $547/gross acre Service Area: 14 18. UGM Park Fee $1695/gross acre Service Area: 5 19. Major Street Charge $1930/adj. acre Service Area: C/D-2 20. Major Street Bridge Charge $65/adj. acre Service Area: C/D-2 21. Traffic Signal Charge $860/adj. acre 22. UGM Grade Separation Fee n/a 23. Trunk Sewer Charge n/a Service Area: 24. *Street Acquisition/Construction Charge n/a KAMaster Files-2003\'REZONE\R-03-007-T-5078-SAC\T-5078-COA.wpd PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Shelby Chamberlain, Planner Planning Division FROM: Nancy Morrison,PARKS PLANNING COORDINATOR, (559.621.2927) DATE: July 3, 2003 Subject: Tentative Subdivision Map T-5078/JGM The Parks, Recreation and Community Services Department has reviewed the Tentative Subdivision Map proposed by Ciao Properties, LLC., on plans prepared by Gary Giannetta. Parks offers the following comments regarding the street tree, buffer/parkway strip, and trail conditions ... 1. STREET TREE REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60'of street frontage, or one tree per lot, whichever is greater. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. B. The street tree species are designated for the following rights of way: West Palo Alto Cinnamomum camphora,(Camphor) Bryan Avenue Liriodendron tulipfera, (Tulip Tree) North Grantland Liriodendron,tulipfera,(Tulip Tree) 2. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS A. The subdivider is required to provide landscaping and long term provision of maintenance for the landscape easements and rights of way on West Palo Alto, Bryan and North Grantland Avenues. B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Parks Division for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and included in the Public Works Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N- 23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with P of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in Parks Department comments T-5178 Tentative Map June 4,2003 page 2 combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the city-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. As an alternative to the CFD2,the subdivider may form a Home Owners Association for the long term provision of maintenance of the landscape buffers and rights-of-way. 3. T L QUIREMENTS A. he tr R h II be constr t in accordan ith the Master Multi-Purpose Trails Manual." The subd eider re onsible fo the rail const ction long Grantland ue. The subdivider is responsible for all la scap n rrigation impr ements f r and hit the trail. oust tion plans sh 1 submitted and shall i clud 1 nd aping a d drip *rrigatio design. ese plan s all be ap oved by P ks, R reation and Comm ity e c s Depa ment. andsc ing within a multip rpose trail s 11 incl a large, in and low-gro ing hrubs lante from 3' 6'a art depending n vari , and trees spa pproximately 25'to 45'apart t p vide % s de Covera to the planting a d pathway. Landscaping adjacent to walls or fences sh comp] it "Landscaped Buffer Development Standards." All planting shall be irrigated with an automatic drip system. •; JAN-16-2004 FRI 08:39 All FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 02/07 File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami,Chief Engineering Tech.CIAO PROPERTIES,LLC Development Services Department 1175 W. SHAW City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5078 REV. PRELIMINARY FEE(S)(See below) DRAINAGE AREA(S) " EG " " EH " DRA AGE AREA EG if S99,210.00 DATE 12/02/03 DRAINAGE AREA EH $200,349.00 TOTAL FEE $299,.559.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National.Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of"this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. *4 Considerations which may affect the fee obligation(s) or the timing or form of fee payment: co a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that 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 constricted, 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. smxKs5469 E.OLM - FRESNO,CA 93727 - (559)415 -3292 - FAX (559)456-3194 Two sided document JAN-16-2004 FR 1 08:39 Aft FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 03/07 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm.Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as"Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. 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_ SOMEN 5469 E.OLIVE - FRESNO,CA 93727 - (559)45F-3292 - FAX (559)456-3194 Two sided document JAN-16-2004 FRI 08:39 AN FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 04;07 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 ind Industrial Activities (State General Permits)require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm 'Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train employees O in permit compliance,and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, y 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 00 Standard Industrial Classification (SIC)code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling,and waste and hazardous Waste management. Specific exemptions exist for M manufacturing activities which occur entirely indoors. Permittees are required to: M submit a Notice of Intent to be covered and must pay a permit fee to the State `Neater 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 stomi water runoff and test it for pollutant indicators, and annually submit a report to the State Board w7gKeN, 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292. - FAX(559)456-3194 Two sided document •.. JAN-16-2004 FRI 08:40 AIi FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 05/07 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-CIovis 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 nunimize 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: Jamie Miller C: GARY GIANNETTA 1119 "S" STREET FRESNO, CA 93721 sn�eaev 5469 E.OLIVE - FRESNO.CA 93727 - (559)45*-339: - FAX(559)456-3194 Two sided tlocumenc JAN-16-2004 FR1 08:40 AN FRESNO FLOOD CONTROL FAy N0. 5594561076 P. 06/07 •• l NOTE: TIUS DRAWING is SCHEMATIC, I)ISTANCES ARI•; APPROXIMATE.. EXISTING TYPE 'E" INLET TO BE REPLACED WITH wz EXISTING TYPE "E" INLET MASTER PLAN INLET m TO BE REPLACED WITH 0I MASTER PIAN INLET PALO ALTO AVE. --� -------_— ------_—_—-- —�_.- --- ---- �. zz o EcLA]i I EH r, d II i fy- v I ^^ I MF SIERRA AVE. ALIGNMENT LEGE D MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. • TEMPORARY INLETS TO BE CONSTRUCTED BY DEVELOPER - NOT EUG)BLE FOR FEE CREDIT ------ OPTIONAL NON-MASTER PALN FACILITIES TO BE CONSTRUCTED BY DEVELOPER TO PROVIDE TEMPORARY SERVICE - NOT ELIGIBLE FOR FEE CREDIT -- EXISTING MASTER PLAN FACILITIES SCALE 1"=400' FUTURE MASTER PLAN FACILITIES t� 0�----- MASTER PLAN FACILITIES TO BE CONSTRUCTED IF ROAD IMPROVEMENTS ARE REQUIRED BY CITY OF FRESNO DIRECTION OF DRAINAGE ------ INLET BOUNDARY - DRAINAGE AREA BOUNDARY TRACT 5078 REV ® EXISTING TEMPORARY INLET EXHIBIT N0. t DRAINAGE AREA: "EG" & "EH" L9 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT J:\[NCINEEFINC\AUTOCAO\DW--NOEKN6r5\TMCTS\]07BREV.0wC JAN,-16-2004 FRI 08:40 Ari FRESNO FLOOD CONTROL FAX N0, 5594561076 P. 07/0 OTHER REQUIREMENTS EXHTBTT NO. 2 Tile cost of construction of Diaster 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 north half of Tract 5078 will receive permanent drainage service through construction of Master Plan Facilities as identified on Exhibit No. 1. The south half of Tract 5078 located within Drainage Area "EH" will not have permanent drainage service available. The construction of the optional non-Master Plan facilities along Bryan Avenue as shown on Exhibit No. 1 would provide Tract 5078 temporary service until permanent service becomes available. The cost of this construction is not eligible for.fee credit. The Developer is required to replace two(2) Type"E"inlets on Palo Alto Avenue, with Type "D"inlets as identified on Exhibit No. 1. The cost of the Type"D"inlet construction is eligible for fee credit. The District recognizes that the alignment of the Master Plan facilities,as identified on Exhibit No. 1,may not be consistent with the Developer's proposed street patterns for Tract 5078. The alignment may be slightly realigned to be compatible with the proposed street layout for Tract 5078. However, drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No.l. A fifteen-foot(15') wide storm drain easement will be required within Tract 5078 whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5078 Revised engr\permiu\exhibiis24raLn5U78revom) KWZER�11MATRT� 41V PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water June 24, 2003 Ms. Shelby Chamberlain City of Fresno Planning Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 SUBJECT: Vesting Tentative Tract Map No. 5078/UGM—RA R-03-07 Dear Ms. Chamberlain, 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 allowing us to review this item. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadams(aDfresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT Selina Adams Engineering Assistant File\Agencies\City\VTTM5078UGM—RA R-03-07 BOARD OF President JACOB ANDRESEN, Vice-President EDDIE NIEDERFRANK DIRECTORS JEFF NEELY,JEFF BOSWELL,RON DANGARAN,Ed.D. General Manager GARY SERRATO San Joaquin Valley Air Pollution Control District June 24, 2003 297DEV2003 Shelby Chamberlain Dev. Dept., Planning Division 2600 Fresno Street Fresno Ca 93721-3604 Subject: R-03-07, T-5078 (APN 504-090-09, -50, -51, -67, -68) Dear Ms. Chamberlain: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley is classified non-attainment for ozone and fine particulate matter (PM 10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project may generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) to determine impacts when projects are of this size, unless an analysis has been accomplished for a previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed in a previous study. The District recommends using the URBEMIS 2001 program to calculate project area source and mobile source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS 2001 should be directed to Thomas Jordan at (559)230-5802. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at http://www.vallevair.org/rules/1 ruleslist.htm. 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments. A synopsis of these regulations has been enclosed. David L. Crow Executive Director/Air Pollution Control Officer Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 M Street, Suite 275 Modesto, CA 95356-9322 Fresno, CA 93726-0244 Bakersfield, CA 93301-2373 (209) 557-6400 • FAX (209) 557-6475 (559) 230-6000 • FAX (559) 230-6061 (661) 326-6900 • FAX (661) 326-6985 www,va!!e yair.org, Ms. Chamberlain June 24, 2003 R-03-07, T-5078 Page 2 2. District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin if the project cumulatively encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material may not be burned if the land use is converting from agriculture to nonagricultural purposes. In the event that the project bums agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. There are a number of mitigation measures that should be incorporated into the design of this project to. reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible.) This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. ❖ Trees should be carefully selected and located to protect the building(s) from energy sapping environmental conditions. A brochure has been included for the applicant. See httpJ/www.coolcommunities.org http://www.enemy.ce.aov/coolcommunity/strglggies,htmi http:/twww.lac.org/bookstore/energy/downloads/siv tree nuidelines.pdf 4 If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Specifically: Bus tumout(s)should be planned near the entrance(s)of the development for school bus loading to accommodate school-age children. ❖ Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc.,to encourage walking and bicycling. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths by use of a barrier or 'green' buffer strip. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built or appropriated in, anticipation of future growth. Specifically: Mid-bock pathways should be built within the project to facilitate pedestrian movement. Possible locations for pathways include: Between lots 87-82 &88-81 Between lots 113-136& 112-137 Between lots 35-144&34-145 Between lots 94&95, 66 &65, connecting to 94&66 and 74&73 , •S As many energy conserving and well-designed features as possible should be included in the design/construction of the project. Examples include (but are not limited to): increased wall and ceiling insulation (beyond building code requirements); energy efficient widows (double pane and/or coated); high-albedo (reflecting) roofing material; energy efficient lighting and high efficiency appliances; awnings or other shading mechanism for windows; ceiling fans; install electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment; install low-emitting, EPA-certified Ms. Chamberlain June 24, 2003 R-03-07, T-5078 Page 3 fireplace inserts and/or wood stoves or natural gas fireplaces (as opposed to traditional open-hearth fireplaces); install natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues; low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers or gas or electric barbecues); exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site, etc. More information can be found at: http://www.sustainable.doe.gov/ hftp://www.consumerenerqvicenter.org/index.html http://www.energy.ca.gov/coolcommunity/strategies.html hftp://www.lgc.org ❖ Project design should use models put forward by the Local Government Commission (LGC) in the "Smart Growth Guidebook," such as; street block patterns that form an interconnected grid, short block faces, numerous alleys and narrow streets. Street dimensions should be designed in accordance to "Street Design Guidelines for Healthy Neighborhoods" by the LGC. The Local Government Commission (LGC) website http://www.lgc.org contains valuable information and resources on subjects from street design to energy efficiency. ❖ The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are many rebate and incentive programs that encourage different types of alternative energy sources. More information can found at http://www.dsireusa.or_g http://homepower.com hftp://www.energy.ca.gov/renewables/ •:• Require construction equipment used at the site be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call Mr. Hector R. Guerra at 230-5800. Sincerely, Chrystal L!Meier CEQA Commenter Central Region Hector R. errra Senior Air Quality Planner Enclosures STATL OF CALIFORNIA—BUSINESS TRANSPORTA _'N AND HOUSIyG A(,ENCY GRAY DAVIS.Govemr DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P. O.BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 445-6666 Flex your power! FAX (559) 488-4088 ��'r�-(� Be energy eJJicisntl TTY (559)488-4066 `��11 �DJ$$JJ -.SUN 18 2403 June 18, 2003 pEVELOPMEW DEPARTMENT CITy OF FRESNO 2131-IGRICEQA 6-FRE -99-28.7+/- T-5078 & R-03-07 Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Dear Ms. Chamberlain: We have completed our review of the Vesting Tentative Tract Map and Rezone proposing to development 185 single-family residential units. The project is located . on the south side of West Palo Alto Avenue between North Bryan and North Hayes Avenues. Caltrans has the following comments: This project will have a significant impact on the environment and will negatively impact State Route (SR) 99. Under CEQA this necessitates an Environmental Impact Report (EIR) unless impacts are mitigated to a level of insignificance. The project needs to provide appropriate project-specific as well as cumulative analyses and mitigation of these impacts to the transportation/circulation system as per CEQA. Caltrans continues to have serious concerns regarding the Council of Fresno County Governments' travel forecasting model. We have noted that:a number of new land uses have never been added to the model, and even when such land uses are reflected .in the model, their densities (floor-to-area ratios) are generally not accounted for. As an example: multi-story land uses being treated as single-story. The result is numerous cases of forecasted travel being under projected, potentially resulting in a significant under-evaluation of travel and associated impacts to transportation/circulation and to air quality. Thus the travel forecasting , information does not represent the General Plan as adopted. This information on the inadequacy of the travel forecasting model represents significant new information as per CEQA necessitating a re-evaluation of the cumulative impacts, including impacts to air quality and transportation. The result is that any project that would use the general plan's EIR as a means of addressing cumulative impacts would be without merit. New cumulative analyses are necessitated for new and subsequent projects. Please note this applies to local streets as well as State Highways. "Caltrans improves mobility across California" Ms. Shelby Chamberlain June 18, 2003 Page 2 We note that a mitigated negative declaration could be an option for a project such as this. However, if the project's direct as well as cumulative impacts (including impacts to the State Highway System) cannot be reduced to a level of insignificance, a mitigated negative declaration is an inappropriate environmental document. If impacts cannot (or will not) be mitigated, the City needs to require an Environmental Impact Report and then make a finding of overriding consideration in order to be in compliance with CEQA. The environmental assessment included with this project application fails to provide an adequate evaluation of the impacts to the transportation/circulation system. Partial analysis, like that included with this application, does not provide sufficient information of the environmental impacts of implementing the project. We must point out to the City that the primary responsibility for disclosing all project-related environmental impacts lies with the lead agency. Without full disclosure, the decision-making body cannot make an informed determination as to a project's impacts. Full disclosure. includes impacts to State Highways, not just impacts to local roads. Mere consistency with a General Plan does not alleviate a project from providing an environmental review of the project's impacts. We would also like to bring the City's attention to the "Thresholds of Significance" handout in the October 23, 2001 Fresno City Council Workshop on CEQA, presented by City Planning Staff. This handout states that: "Accordingly, at least two courts have held that conformity with a general plan does not insulate a project from EIR review where it can be fairly argued that the project will generate significant environmental effects (Oro Fino Gold Mining Corp. v. County of E1 Dorado (1990 225 Cal.App.3d 872), and City of Antioch v. City Council (1986) 187 Cal.App.3d 1325." In addition, consistency with the 2025 General Plan does not insulate a project from EIR review due to the City's EIR that supported the General Plan Update. The City utilized a "Master" EIR (MEIR) to support the General Plan Update. The MEIR failed to provide any analysis of the implementation of the policies within the new Plan and was completely devoid of any cumulative analysis. As we stated in our comments on the General Plan Update, the MEIR prepared to support the update was of insufficient detail to make even the most basic assumptions as to the ability of the City to address its environmental issues with regard to transportation/circulation and air quality. No analysis on what transportation modes would work, how they would inter-act, etc. was provided. Caltrans has noted problems with the City's use of MEIRs in the past. With a MEIR, each subsequent project needs to be individually analyzed to determine if its impacts have been fully evaluated and mitigated within the MEIR, or if additional "Caltrans improves mobility across California"' Ms. Shelby Chamberlain June 18, 2003 Page 3 review is needed. It is Caltrans' experience that the City views virtually any. subsequent project as having been fully analyzed in the MEIR when this is not the case, particularly in light of the lack of specificity provided in the recent General Plan Update MEIR. Simply preparing a broad, non-specific environmental document does not alleviate the lead agency of its responsibilities under CEQA related to the impacts created by individual projects. If it was the City's intent to allow individual projects to be approved without further review of environmental impacts, the City should have prepared a more specific standard EIR at the General . Plan Update stage in order to support subsequent developments. This would have allowed for a thorough review, and provided the general public and the decision- makers with sufficient information and analysis to know what impacts were going to be created and what mitigation was necessary for the elimination or-reduction of such impacts. As this was not done, it is now incumbent on subsequent development to provide project-specific analysis of development impacts at the.time such development is proposed. It appears that the City agreed with Caltrans that project-specific analysis would be needed as the City responded to Caltrans comments on the draft MEIR as follows: "The urban transportation planning process, which relies heavily on computer models, is a macroscopic tool that uses an abstract computerized representation of the street and highway network in the traffic assignment. It can not be used at the microscopic or site planning level because it does not provide the following. • Reliable projections of turn movements at individual intersections or access drives; • Reliable directional.projections of the traffic volumes on individual street segments; • Reliable estimates of traffic volumes for different access locations and or designs; • The effect of numerous access points to an arterial as opposed to only a few direct access points; • Effects of modest changes in the location of activities; e.g., the positioning of 250,000 square feet of retail floor area on each of the four quadrants of an intersection versus the location of all I million square feet in one quadrant; • Reliable estimates of the traffic on the frontage roads separate from that of the main lanes of a freeway or at-grade arterial. Site planning involves analysis of the traffic impact of specific proposed development, the adequacy of the access drives and the suitability of the on-site circulation and parking. Such analyses are site-specific and micro- scale. Consequently, different analytical procedures are involved. The site specific nature of traffic analyses of individual proposed development "Caltrans improves mobility across California" Ms. Shelby Chamberlain June 18, 2003 Page 4 projects requires more detailed methods and techniques than those that are suitable for the evaluation of transportation-land use alternatives, which is the objective of the urban transportation study." Caltrans agrees that site planning involves analysis of the traffic impact of specific proposed development, the adequacy of the access drives and the suitability of the on-site circulation and parking. Such analyses are site-specific and micro-scale. As the City states, additional project-specific analysis of subsequent development will be necessary. Caltrans reiterates the need for this project to prepare the necessary transportation analysis and fully address mitigation. Due to the traffic generated by the numerous land use changes approved by the City in northwest Fresno, Caltrans design of the SR -..99/Herndon Avenue interchange is no longer capable of meeting the demand. In order to accommodate this additional growth, capacity enhancing upgrades are currently being designed for the interchange. In the absence of the City of Fresno including State facilities in the City's Urban Growth Management (UGM) Fee Program, it has been the consistent practice of this office to recommend that the applicant contribute the project's proportionate fair share for improvements to the interchange. While we are under the understanding that it is the City's responsibility under CEQA to conduct any necessary nexus study .via the environmental process,we acknowledge that this has not been the City's practice. Caltrans has therefore been preparing a nexus study for each project that we review. The following calculation demonstrates both nexus and proportionality (Nollan/Dolan) of the project's impacts to State Facilities. NEXUS STUDY Caltrans estimates that a development of this size could generate 185 trips during peak travel times. We further estimate that 67.27 trips (36.36%) generated from this development would impact the SR 99/Herndon Avenue interchange (75% northbound off-ramp or 50.45 trips, 25% southbound off-ramp or 16.82 trips). It is therefore recommended that this project contribute its proportional fair share for improvements (northbound and southbound off-ramp) at the Herndon Avenue interchange. Trip Distribution: (percentage of trips impacting the State Route interchange) 99/Herndon Avenue = 36.36%, 67.27 trips Trips Impacting State facilities 99/Herndon Avenue (NB off-ramp) = (185 trips)(.3636)(.75) = 50.45 trips 99/Herndon Avenue (SB off-ramp) = (185 trips)(.3636)(.25) = 16.82 trips "Caiirans improves mobility across California" Ms. Shelby Chamberlain June 18, 2003 Page 5 Average Cost per Trip per Interchange Northbound off-ramp to Herndon Average Cost for Signal Improvement and Lane Widening (CT) _ $740,000 (based on past Caltrans projects) Peak-hour volume (TE) = 1,052 (from VRPA Technology) Forecasted volume (TB) = 1,911 (year 2020) Percent for 1 trip (P) = T = 1 =.001164 TB - TE 1,911-1,052 Cost for 1 trip (C) = P(CT) _ (0.001164)($740,000) _ $861 Southbound offsa.mp to Herndon Average Cost for Signal Improvement (CT) _ $150,000 (based on past Caltrans projects) Peak-hour volume (TE) = 856 (from VRPA Technology) Forecasted volume (TB) = 1,557 (year 2020) Percent for 1 trip (P) = T = 1 =.001427 TB - TE 1,557-856 Cost for 1 trip (C) = P(CT) _ (0.001427)($150,000) $214 Mitigation SR 99/Herndon Avenue (NB off-ramp) _ (50.45 Trips)($861/Trip) _ $43,437.45 SR 99/Herndon Avenue (SB off-ramp) _ (16.82 Trips)($214/Trip) =$3,599.48 The total proportional fair share to mitigate cumulatively significant project- related impacts is therefore $47,036.93. If the applicant disputes this amount, the applicant may conduct a Traffic Impact Study (TIS) to.assess..the..project-related impacts to the State Highway System and the pro-rata-fair share towards area-wide circulation improvements. Please reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study is conducted. Caltrans requests a Preliminary Scoping meeting for this project. Our request is supported by the following CEQA Section: 21083,9: Lead Agency shall call scoping meeting, if Caltrans requests one. (a)Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following: (1) A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping "Caltrans improves mobility across California" li. , I- 1I Ms. Shelby Chamberlain June 18, 2003 Page 6 meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation. Please let us know as soon as possible when the City of Fresno would like to hold this scoping meeting. It is the City's responsibility under CEQA, as lead agency to mitigate projects creating impacts to resources, including the State Highway System. We note that the City regularly conditions mitigation for local streets through the City's UGM fee program. Unfortunately, this fee program does not currently include State facilities. CEQA Guidelines identify five categories of mitigation: measures that avoid, minimize, rectify, reduce or eliminate, or compensate for the significant environmental effect of the proposed project (Guidelines Section 15370). As this project will result in cumulatively significant impacts to transportation, Caltrans requests for a pro-rata fair share (having previously demonstrated both nexus and proportionality) to mitigate the project-related impacts falls into the categories of "rectify" for the traffic impacts to State facilities and "reduce" for the project's potential impacts to air quality. The City of Fresno has disputed the legality of mitigation for project-related impacts to State facilities. The City has apparently confused mitigation fees with the City's obligations under CEQA. Failure to require mitigation for project-related impacts to the transportation system will increase congestion and further exacerbate the valley's poor air quality conditions. Requiring development to mitigate for its impacts is particularly critical now in light of the shortage of transportation funds and the FHWA/FTA conformity "lockdown" that is now in effect. As the need for capacity-enhancing upgrades are created by development, requiring- development to mitigate at an early stage is appropriate and forward thinking. Caltrans would also like to remind the City of the following policies and objectives contained within the 2025 Fresno General Plan: 1. E-1-g. Policy: Support the construction of the planned freeways serving the metropolitan area and advocate to Caltrans and the County Transportation Authority the City's priorities for completion of segments. Requiring development to mitigate for development-created impacts to the State Highway System will help to support the planned freeways serving the metropolitan area. -Cailrans improves mobility across California Ms. Shelby Chamberlain June 18, 2003 Page 7 2. E-3. OBJECTIVE: Provide for efficient fiscal management and administration of the streets and highways service delivery system. Requiring development to mitigate for development-created impacts to the State Highway System is an efficient way of reducing the costs. of constructing transportation facilities. 3. E-9-t. Policy: Coordinate with City, County, and regional agencies to promote efficient transportation policies. Continue to work with the Council of Fresno County .Governments, Caltrans, Madera County, and other jurisdictions to encourage regional land use and transportation policies. Requiring development to mitigate for development-created impacts to- the State Highway System is an excellent way to coordinate with Caltrans to preserve this right-of-way for the regional transportation/circulation system will support this General Plan Policy. The SR 99/Herndon Avenue interchange now has a greater demand than can be accommodated by the current system capacity. The City's approval of the extensive development in the area, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. The congestion and delay will result in an overall decline of air quality and gridlocked intersections and may produce air quality hot spots that may, exceed standards. The City of Fresno needs to focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area could provide insight o ways of increasing transit usage. 3. The potential of commuter shuttles should be examined. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the Herndon Avenue/SR 41 interchange. 4. The City should provide for continuity of non-motorized transportation. "Caltrans improves mobility across California" Ms. Shelby Chamberlain June 18, 2003 Page 8 Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. A transit alternative to reduce traffic impacts may be an option. We noted in the General Plan Update that a number of Policies were to be developed at a later date. One of these is: • Policy A-1-a: Within 90 days of the adoption of the 2025 Fresno General Plan, the mayor and city council shall jointly convene to develop a general plan implementation program. The program must be approved by the mayor and city council within 1.80 days of adoption of the general plan and consist of a prioritization of plan objectives and accompanying implementation measures, and a procedure to annually review, incorporate, and allocate the priority implementation measures into the city's budget. The 90-day deadline has passed; has the implementation program been developed? We are now also past the 180-day deadline for the prioritization of plan objectives and accompanying implementation measures. Has the City met these deadlines? Was a fiscal analysis, the type of analysis needed to determine if these concepts are even feasible, included? Were either of these documents and/or programs available for public and agency review and comment? Please send a copy o the implementation plan and the prioritization of plan objectives to Caltrans at your earliest convenience. We have asked for this information numerous times, and have had no response from staff. In addition, we also request clarification on the following: 1. What actual timeframe is covered by the new General Plan? 2. Is it anticipated that full build-out of the General Plan will occur within this timeframe? 3. What is the estimated timeframe to achieve the population estimate as included in the General Plan? 4. Will the Mid-Rise/High-Rise Corridor exist within the estimated timeframe to reach the above population estimate? 5. Is the Mid-Rise/High-Rise Corridor necessary to accommodate the estimated population? Please respond in writing to our request at your earliest possible convenience. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both-the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California" Ms. Shelby Chamberlain June 18, 2003 Page 9 Please send a response to our comments prior to staffs recommendations to the Planning Commission and the City Council. If you have any questions, please call me at (559) 445-6666. Sincerely, Opp MOSES STITES Office of Transportation Planning District 06 C: Mr. Darrell Unruh, City of Fresno Mr. Gil Haro, City of Fresno "Caltrans improves mobility across California" EAT.OFCALIFORNIA—BUSINESS,TRANSPORT AND HOUSING AGENCY GRAY DAVIS.Governor i DEPARTMENT OF TRANSPORTATION — 1352 WEST OLIVE AVENUE P. O.BOX 12616 FRESNO, CA 93778-2616 � PHONE (559)488-4115 v Flex your power/ FAX (559)445-6173 Be energy efficient! TTY (559)488-4066 2003 JUL 0 1 June 25, 2003 Planning Division A 2131-IGR/CE Development Department Q CITY OF FRESNO 6-FRE -99-28.7+/- T-5078 & R-03-07 Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Dear Ms. Chamberlain: Caltrans met on June 19, 2003 with the Council of Fresno County Governments (COFCG) and member agencies in the Fresno metro area to discuss our letter of regarding the above named project and the travel forecast model dated June 18, 2003. During this meeting concerns were expressed about the implications of our letter. It has become clear that our letter may have been interpreted differently than Caltrans intended. We are writing this letter to clarify our intent and to address our mutual concerns. Caltrans recognizes that the COFCG travel forecast model was and is calibrated and validated accurately and reflects the population estimates/control totals consistent with regional forecasts. The current model is valid for most forecast uses such as for Air Quality Conformity Determinations. Caltrans' statement regarding the validity of the model was directed only at the need for additional modeling capability for project specific analysis that can forecast cumulative land use impacts for the CEQA process. Caltrans',.;concern about cumulative impact capability remains and we are committed to worldng with the COFCG Model Steering Committee to address this issue so our comments on your project regarding the model can be resolved. If you have further questions, please contact me at (559) 488-4115. Sincerely, D. ALAN McCUEN Deputy District Director Planning "Caltrans improves mobility across California" Ms. Shelby Chamberlain June 25, 2003 Page 2 c: Mr. Darrell Unruh, City of Fresno Mr. Gil Haro, City of Fresno Ms. Barbara Goodwin, Fresno Council of Governments "Caltrans improver mobility across California' • i STATE OF CALIFORNIA—BUSINESS TRANSPOR' �N AND H9US[NG AGENCY l GRAY DAMS,Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE e P. 0. BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 445-6666 (� D Flex your power-! FAX (559) 488-4088 Be energy efficient! TTY (559) 488-4066 September 26, 2003 SEP 2 9 2003 Planning Division Development Department -, !Tv OF FRESNO 2131-IGR/CEQA 6-FRE -99-28.7+/- T-5078 & R-03-07 Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Room 3043 Fresno. CA 93721 Dear Ms. Chamberlain: Caltrans commented on the above-named project on June 18, 2003. We requested a scoping meeting for this project on June 18, 2003 and again on July 21, 2003, as per the following CEQA Section: 21083.9: Lead Agency shall call scoping meeting, if Caltrans requests one. (a)Notwithstanding Section 21080.4, 21104, or.21153, a lead agency shall call at least one scoping meeting for either of the following: (1) A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation. The thirty days have passed and we have not heard from the City. Is this project still moving forward? If so, please contact us with a time and date for the requested scoping meeting. If the project has been withdrawn and will not be moving forward, please let us know. This is our third request for a scoping meeting. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 C:Mr. Nick Yovino, City of Fresno Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study is on file in the Planning and Environmental 2003 DEC 30 Development Department, City Hall Assessment Number: AM $: 2600 Fresno Street, Fresno, California 93721 R-03-07/T-5078 CITY CLERK. FRESNO r,/: 559 621-8277 APPLICANT: Ciao Properties Assessor's 1175 West Shaw Avenue Parcel Number: Fresno, California 93711 504-090-09, 10, 11, 50, 51, 67, 68, 91 (portion) PROJECT DESCRIPTION AND LOCATION: Rezone Application No. R-03-07 Filed with: and Vesting Tentative Tract Map No. 5078/UGM, filed by Ciao Properties, REBECCA E. KLISCH, City Clerk pertain to approximately 63 acres of property located on the southeast corner 2nd Floor- City Hall of West Palo Alto and North Bryan Avenues. The rezone application proposes 2600 Fresno Street to rezone the subject property from the AE-5/UGM, Five Acre Exclusive Fresno, California 93721-3603 Agricultural/Urban Growth Management, zone district to the R-1/EA/UGM, Single-Family Residential/ExpresswayArealUrban Growth Management, zone district and the R-1/UGM,Single Family ResidentiallUrban Growth Management, zone district. Vesting Tentative Tract No.5078/UGM proposes to subdivide the 63-acre site into 205 lots for the development of a single family residential subdivision. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the"Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed projectwill clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY: Planner Ln December 30, 2003 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST ' POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-03-07IT--5078 1_0 TOPOGRAPHIC, SOIL,GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards,unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2.0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off 1 2.1 Substantial indirect source of pollution site) F 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas F 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 13.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3_0 WATER 1 12.2 Site subject to Hooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2. Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS l 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique,rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL I ARCHAEOLOGICAL F 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site I 5.1. Reduction in the numbers of any rare,unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat... _L 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7.0 NOISE t 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT:AND GLARE Insufficient Information is available to determine the potential _ .8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 8.2 Exposure of residences to high levels of glare _ "1" No Significant Environmental Effect The proposed project will not have an adverse environmental r 9.0 LAND USE effect in this category,or any such efieca is not substandafiy _ `F T 'Incompatibility with adopted plans and policies unusual or of undesirable magnitude. :.This rating Is also 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 9.3 Induces unplanned growth particular project under consideration. _ 9.4 Adverse change In existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will. have an adverse environniental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION.AND CIRCULATION specific concern. However, this.effect• is not substantial 10.1 Generation of vehicle traffic sufficient to cause capacity enough in Itself to require the preparation of an Environmental deficiencies on existing street system Impact Report,and is mitigable through project changes and _ 10.2 Cumulative increase In traffic an a major street for which coons• capacity deficiencies are'projected "3" Significant Adverse Environmental Effect _ 10.3 Specific traffic hazard to motorists,.bicyclists,pedestrians The; environmental effect .identified in this category _ 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the _ 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on _ 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. R-03-07/T-5078 PROJECT DESCRIPTION Rezone Application No. R-03-07 and Vesting Tentative Tract Map No. 5078/UGM,filed by Ciao Properties, pertain to approximately 63 acres of property located on the southeast corner of West Palo Alto and North Bryan Avenues. The rezone application proposes to rezone the subject property from the AE-5/UGM, Five Acre Exclusive Agricultural/Urban Growth Management, zone district to the R-1/UGM, Single Family Residential/Urban Growth Management, zone district. Vesting Tentative Tract No. 5078/UGM proposes to subdivide the 63 acre site into 205 lots for the development of a single family residential subdivision (approximately 3.25 dwelling units per acre). Bordering Property Information Planned Land Use Existing Zoning Existing Use North Public Facilities - School AE-5/UGM Elementary and Five Acre Exclusive-AgriculturaUUrban Middle School Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive AgriculturaUUrban Growth Management South Medium Density'Residential AE-5/UGM Vacant Five Acre Exclusive-Agricultural/Urban Growth Management East Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive-Agricultural/Urban Growth Management West Light Industrial AE-5/UGM Vacant Five Acre Exclusive-Agricultural/Urban Growth Management Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive-AgriculturaUUrban Growth Management 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. INITIAL STUDY Environmental Assessment No. R-03-07lT-5078 Page 2 December 30, 2003 The project area is located within the northwestern portion of the City of Fresno's adopted Sphere of Influence and Urban Boundary area and is planned for medium density residential uses by the Bullard Community Plan, updated in 2002, and the 2025 Fresno General Plan, adopted in 2002. Environmental documents for previous plan actions include Final EIR No. 10130(2025 Fresno General Plan). 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 2025 General Plan Urban Area Boundary and Sphere of Influence. 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. 2002-378 certifying Final EIR No. 10130 (2025 Fresno General Plan). 1. Transportation and Circulation 2. Air Quality 3. Preservation of Agricultural Land 4. Noise Resolution No.2002-378 also contains a statement of overriding considerations for.the above unavoidable significant effects. The benefits of implementing the 2025 Fresno General Plan outweigh unavoidable significant effects. 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 most be executed with affected adjoining property owners. 2.0—AIR QUALITY Asa result of the San Joaquin Valley's climate and topography,the San Joaquin Valley Air Basin(SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer , inversions that prevent mixing of air masses. The large number of sunny .days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 3 December 30, 2003 With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from"serious nonattainment"to"severe nonattainment"by the U.S. E.P.A. Classified as "severe nonattainment" by the State. • PM,o. Classified as "serious nonattainment"at the federal level. Classified as "nonattainment" by the State. • CO. Recently reclassified from "nonattainment"to "attainment" by th U.S. E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. • SO2. Unclassified at the federal level. Classified "attainment" at the State level. • Sulfates. (No federal standard.) Classified "attainment" at the State level. • Lead. (No federal standard.) Classified"attainment" at the State level. • H2S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,o the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of.MEIR.No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan,due to the U.S. E.P.A. in mid-year of 2003,that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of"severe nonattainment" for ozone by the State, the valley is subject to the most stringent requirements in the California Clean Air Act. These include providingfor a 5% per year reduction in nonattainment emissions,or including"every feasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions; developing strategies to reduce.vehicle trips and miles traveled; increasing average vehicle ridership to 1.5 persons during commute hours; reducing population exposure.to non-attainment pollutants by 25%; establishing best available retrofit control technology requirements for permitted sources; and developing indirect and area.source programs. As stated in the current Air Quality Attainment Plan,it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are,in turn,implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 4 December 30, 2003 The Air District has suggested that the URBEMIS 2001 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 evaluated. the following emissions: ROG (Reactive Organic Gasses),NOX(Nitrogen Oxides),CO(Carbon Monoxide),PM,o(Particulates)and SOX (Sulfur Oxides) which are summarized below. URBEMIS 2001 AIR QUALITY IMPACTS** . All data in tons/year ROG NOX CO PM10 SOX. Area Source Emissions 1.90 0.47 0.46 0.00 0.01 Operational Emissions 6.89 8.12 80.55 0.28 0.05 Totals 8.79 8.59 81.01 0.28 0.06 Level of Significance or 10 10 100 14.6 27.375 Requirements for Offset **Based on 205 single family residential units The URBEMIS 2001 model projections indicate that the proposed project will not exceed the threshold limits for-the emissions listed. The SJVAPCD 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(SJVAPCD)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 inoluding*a transportation control strategy.and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping,.pedestrian.and transit access features. The 2025 Fresno General. Plan and the Bullard Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These fddllties assure convenient accessibility to neighborhood uses including schools,'parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees,frequently located in conjunction with an elementary school site that facilitate,related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In.addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. INITIAL STUDY Environmentai Assessment No. R-03-07/T-5078 Page 5 December 30, 2003 Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated December 30, 2003. 2. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 30, 2003. 3.0—WATER Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, as well as high consumptive use of water on a per capita basis (267 gallons per day per capita), have resulted in a decline in the total usable potable water supply. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The Fresno Metropolitan Water Resource Management Plan has been adopted and the accompanying Final EIR(SCH#95022029)certified. The purpose of±he 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. The mitigation measures of MEIR No. 10130 are incorporated herein by reference and are required to be implemented by the attached mitigation monitoring checklist. In summary, these mitigation measures require participation in the development of groundwater recharge in an amount equal to the project's estimated water consumption. Alternative measures to satisfy this requirement include paying fees established by the city for construction of recharge facilities, the construction of recharge facilities directly by the project, or participation in augmentation/enhancement/enlargement of the recharge capability of Fresno Metropolitan Flood Control District storm water ponding basins. While the proposed project may be served by conventional groundwater pumping and distribution systems, full development of the 2025 Fresno General Plan.boundaries may necessitate utilization of treated surface water due to inadequate groundwater aquifer recharge capabilities. - Implementation of the 2025 Fresno General 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 supplyforthe project's urban domesticand public safety consumptive purposes. The Water Division of the Public Utilities Department estimated that the proposed 205-lot single family subdivision will have an estimated peak water demand of 435 gallons per minute. An adequate source of water is available to serve the project with the implementation of the mitigation measures noted below. INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 6 December 30, 2003 Mitigation Measures: 1. The proposed project shall implement and incorporate,as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated December 30, 2003. 2. The proposed project shall implement and incorporate,as appropriate, the water related mitigation measures as identified in the attached Master Environmental Impact Report No:10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 30, 2003. 4.0—PLANT LIFE: and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known"to exist on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. 7.0—NOISE The project site will be e*posed to vehicle traffic noise due to its location adjacent to a planned arterial major street(North Bryan Avenue)along the westerly and southerly boundaries of the tract-and a planned superarterial. (Grantland Diagonal) along the southeasterly boundary of the tract. Arterial streets are typically developed with four to six travel lanes(two or three in each direction)and a center median island with single or dual left tum lanes at intersections. Arterial streets can accommodate average vehicle daily. trips of..36,000,. althoughprojected daily traffic volumes are substantially less.than these maximum capacities. .SUperart'erials are typically developed with four to six lanes of travel (two to three in each direction), a median island, single or dual left tum lanes at intersections; and access is limited. They are designed.to accommodate average vehicle daily trips of 45,000. The Clty'of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. Portions of the site are within.a 65 or 70 decibel contour according to the Master Environmental Impact Report for the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be submitted, evaluated, and accepted by the Planning and Development Department. The acoustical analysis performed by Brown-Buntin and Associates for the project found the noise levels to be substantial in a report dated May 1, 2003. The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level,without a sound attenuation wall, is 67.4.dB DNL at the approximate center of the nearest backyards along' Grantland Diagonal. The study concludes that the construction of an eight-foot solid wall (or approved combination of wall and berm)along the north portion of the eastern boundary of the tract(specifically lots 62, 63, 64,.7.0, 80, 81, and 82)and a ten-foot solid wall along the south portion of the easter boundary of the tract(specifically lots 83.and 98-103)is required to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 59.7 dB at the first floor height. Indoor.noise' standards will be met with the construction of the sound walls and through building code requirements.. INITIAL STUDY Environmental Assessment No. R-03-07iT-5078 Page 7 December 30, 2003 Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated December 30, 2003. 2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 30, 2003. 9.0—LAND USE The proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and the Bullard Community Plan. Both plans designate the site for medium density residential land uses. Table 2 of the 2025 Fresno General Plan states that the R-1 zone district is consistent with the medium density residential land uses. It is also important to note that the planned use and proposed zone district are compatible with the applicable community plan goals, policies and implementation measures intended to provide for the efficient use of natural resources and public facilities;the construction of adequate public improvements by the development . which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projections of the Fresno General Plan's growth projections. 10.0-TRANSPORTATION AND CIRCULATION; 10.1 Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies The development of the project site with the proposed 205 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate West.Palo.Alto Avenue as a local street, North Bryan Avenue as an arterial street, and the Grantland Diagonal as a superarterial street. The city's public works development standards provide for superarterials to be developed.with two to three lanes of travel in each direction separated by a median island. Superarterials also have limited access. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-tum and crossing vehicular movements. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-tum lanes as well as bus bays or turnouts. The Master Environmental Impact Report(MEIR)No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference)utilized macro-level traffic analysis techniques to examine the traffic flow level of service (LOS)for major street segments that would occur in the year 2025..This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables,which are an accepted national tabular standard of the Highway Capacity Manual(HCM)methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A(reflecting a very low traffic volume with no travel delay)to an LOS of F(reflecting a very high traffic volume with substantial congestion and travel delay). Traffic capacity deficiencies are predicted to occur within the extended area surrounding the project site, particularly along Herndon Avenue. A substantial proportion of these street deficiencies are the result of land use decisions, development practices and public perceptions that have affected land use distribution throughout the region. These factors also include state planning mandates such as the need to accommodate projected population growth consistent with State planning law including the housing INITIAL STUDY Environmental Assessment No. R-03-07rT-5078 Page 8 December 30, 2003 element mandates (California Government Code Sections 65583 through 65895.5). These decisions include the practice of segregating residential, commercial and industrial land uses so that industrial and other employment intensive uses were located in the southern portion.of the metropolitan area, while predominantly residential uses were located in the middle and northern sectors. Large employment intensive uses 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. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for altemative forms of public .transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact.Report (MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments (COG) to project avera9e daily vehicle trip (ADT) volumes on major streets. With development of the project site and surrounding planned urban uses designated by the general plan through the year.2025, projected ADT volumes of 31,8401 on Grantland Diagonal and 1,3201 on North Bryan Avenue.(the diagonal,portion between Herndon and the Grantland Diagonal)can be anticipated. With anticipated improvements completed by the development of planned land uses as required.by city standards and policies,these streets are expected to ultimately function with a level of service(LOS)of C on both Bryan and Grantland diagonals in this area. The City of Fresno has endorsed, by general plan policy, a LOS of D as the preferable standard. The applicant has agreed to pay a fee for major street intersection signalization. This fee is in addition to the Urban Growth Management requirements and has. been established in lieu of preparing a traffic assessment as..required by the mitigation measures established by the certification of MSIR 1.0130. A traffic model run was completed by the Council of Fresno County Governments(COG)utilizing the Institute of.Traffic Engineers (ITE)Trip Generation.Manual, Sixth Edition. This analysis.predicts the number of peak hour vehicle trips.that will be generated from the proposed project and-the direction in.Which these trips will.travel. Development of 205 single family residential dwelling units can be expected to generate.an average of approximately 1,726 vehicle trips per day(VTD). Of these vehicle trips it is projected-that 1.54 will occur during the morning(7 to 9 a.m.)peak hour travel period and 207 will occur during the evening(4 to 6 p.m.) period hour travel period. . A modest proportion of these projected trips are expected to.access the Freeway 99 and Herndon Avenue interchange during morning peak period(12 trips and the evening peak period (15 trips). Because much of the immediately surrounding area(primarily to the west and south)is not developed,the planned major street and intersection improvements have not yet beers.completed as required by-adopted plans, policies and development standards. However, the proposed project as well.as other urban land uses developed as planned by.the 2025 Fresno General Plan will be required to.construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition,the developer of this project,in accordance with the mitigation measures of Master Environmental Impact Report.(No. 10130)which was certified by the.Council with the adoption of the 2025 Fresno General .Plan, will be required to pay impact fees specific to.the traffic signalization of the major street intersections. INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 9 December 30, 2003 The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods(7:00 am to 9:00 am and 4:00 pm to 6:00 pm) which will impact the State Route (SR) 99 interchange at Herndon Avenue. Caltrans estimates that a development of this size could generate approximately 67.27 vehicle trips to this interschange during peak travel times. It is noted that the model run prepared by COG staff concluded that there would be only 27 vehicle trips to the Herndon/Freeway 99 interchange during am and pm peak periods. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost, a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for.the:state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. State.highway facilities appear to have failed to meet 20-year capacity design criteria during a period of time when the area's pace of population growth decreased to a rate well below previous state projections. This highway facility "under-design" and consequently the capacity deficiencies, which may now be prematurely occurring, are at least partially the result of resource allocation decisions made by the State of.California rather than land use decisions made by the City of Fresno. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control.Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan; development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB.1.600) 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. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the INITIAL STUDY Environmental Assessment No. R-03-07fr-5078 Page 10 December 30, 2003 greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. 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 owner/developer 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. Mitigation Measures 1. The.proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated December'30, 2003. 2. The proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as identified in the attached Master Environmental,Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring-Checklist dated December 30,,2003. 11.0—URBAN SERVICES 11.1—Availabilitv.of Fire Protection The project site is located within the city's Urban Growth Management Area and must.comply.Wth the applicable service delivery requirements necessary to provide not less than the minimum ecceptable level of.fire protection facilities and services appropriate for urban uses. The proposed project is located within two miles of.City of Fresno Fire Station No..14. 11.4--Overcrowding of School Facilities The project site.is served by the Central Unified School District and is presently within the attendance boundaries of River Bluff Elementary School, Rio Vista Middle School and Central High School, East and West campuses. The school district has asked that the following comments/conditions be included. 1. Provide the proper amount and type of cross walk striping to facilitate safe street crossing for students attending either of the two schools directly north of the proposed subdivision. The District recommends as a condition, at least one cross walk.per school, for a total of 2, 0e installed. 2. Sidewalks provide the necessary identifiable boundary.between students and'traf is end provide a safe place for students walking to and from the existing school site and/or bus stops. Therefore, concrete sidewalks/curbs/gutters on both sides of the interior streets should be required in a manner consistent with the existing subdivisions in the area and to City standards. 3. The district has adopted development fees in accordance with current state law. Development of the project site will be subject to the fees in place at the time fee certificates are obtained. INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 11 December 30, 2003 The letter from the school district also states that the Central Unified School District elementary and middle schools are not considered overcrowded. The District would be able to accommodate additional students generated from the proposed subdivision with the installation of modular classroom(s) financed with the collection of developer fees identified in Condition No. 3 noted above. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the school facilities related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 30, 2003. 11.6—Availability of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that the estimated average daily sanitary sewer flow contribution from this project is 70,725 gallons per day. The nearest available sewer mains are located in the Grantland Diagonal (alignment) and in West Palo Alto Avenue. Adequate sanitary sewer service is available to serve the project, subject to the Vesting Tentative Tract Map No. 5078/UGM Conditions of Approval dated January21, 2004. Mitigation Measures 1. The proposed project shall implement and incorporate., as applicable, the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 30, 2003. 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 fora 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. 14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying,grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be a INITIAL STUDY Environmental Assessment No. R-03-07/T-5078 Page 12 December 30, 2003 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 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. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is 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 prosect 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. 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