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HomeMy WebLinkAboutT-5096 - Report - 7/25/2006 El MAP CHECKLIP.T City of TRACT NO _ 5096/UGM LF—F� CT N . _sbap CITY COUNCIL AGENDA TRANSMITTAL DEVELOPMENT DEPARTMENTsulw. tomo COUNCIL MEETING DATE: 1. TITLE OF REPORT: REZONING APPLICATION NO. R-02-29 2. AGENDA PLACEMENT: ( ) Time Scheduled Hearings and Matters ( X ) Scheduled Time for Public Notice: JANUARY 28. 2003 at 11:20 am ( ) Scheduled Time for Citizen Convenience: ( ) General Consent Calendar(1A) ( ) Consent Calendar- Bills for Introduction (1 B) -- ( ) Consent Calendar- Bills for Adoption (1 C) -- ( ) Planning and Zoning Administration (2) Consent ( ) General Administration (3) ( ) City Attorney(4) ( ) City Council (5) ( ) City/County Intergovernmental Relations (6) ( ) Executive Session (7) 3. CONTACT PERSON FOR QUESTIONS: Robert Lewis or Rayburn Beach (4451) 4. SPECIAL CONDITIONS: 5. APPROVAL REQUIRED AND/OR BACKUP MATERIAL SECURED BY: (X) City Attorney's Office Resolution • Submitted for Approval on January 9, 2003 ( ) Budget and Management Studies Division ( ) Human Resources 6. REMARKS: The Fresno Planning Commission continued the original hearing to December 18, 2002, to permit the Developer to meet with the neighborhood to attempt to resolve issues of the subdivision design. The Developer met with the neighbors on December 16, 2002, along with City Staff, Council Elect Mike Dages and County Councilmember Bob Waterston. As a result of that meeting, the Developer redesign the subdivision to accommodate the concerns of the Roosevelt Implementation Committee and the Sunnyside Property Owners Association. Two persons spoke to issues related to future development of the area. There was not other opposition to the propose subdivision or rezoning application. The Commission by a vote of 6-0 recommended approval of the rezoning application to the Council and by the same vote approved Tentative Tract No. 5096. There has been no appeals of the subdivision or rezoning application. wpfiftctform.doc , r '• mat "� REPORT TO THE CITY COUNCIL AGENDA ITEM NO. t COUNCIL MEETING January 28, 2003 APPROVEDST FROM: NICK P. YOVINO, Director DFPAR4l1lDlRFJC?C�R Planning and Development Department cnTAUx.M BY: RAYBURN BEACH, Planning Manager Planning Division SUBJECT: CONSIDERATION OF REZONING APPLICATION NO. R-02-29(TT-5096) EXECUTIVE SUMMARY Rezoning Application No.R-02-29,filed by Centex Homes, proposes to rezone the 19.5 acres located on tlw southeast Domer of South Fowler and East Heaton Avenues to the Single-Pettily R"fid itiaWr 1:C Management zone district to permit development of 76 single-family residential lots. The prgJw* Is consistent with the Roosevelt Community Plan and will bring the property's zoning Into coi ift i anos with the recently adopted 2025 Fresno General Pian. The Fresno Planning Commission continued Ihs original hearing to December 18,2002,to permit the developer to meet with the neighborhood to attempt to resolve issues of the subdivision design. The developer met with the neighbors on December 16,2002,along with City staff,Coundi-elect Mike Dages,and County Supervisor Bob Waterston. As a result of that inesdnp, the developer redesigned the subdivision to accommodate the concerns of neighbors and the Suru6tside Property Owners Association. The Roosevelt Community Plan Implementation Committee recon rhe ided approval of the project as amended. The Fresno City Planning Commission also recomnanded approval of the rezoning and approved related Tentative Tract No. 5096 as amended by the applicant, S)y O supports. the amended request ' t. PROJECT INFORMATION PROJECT: Rezoning from the AE-&UOM (Agricultural Exclusive-Five Acres Minimum/Urban Growth Management Area)to the R-1/UGM(Single-Family Residential/Urban Growth Management Area)zone district APPLICANT: Centex Homes LOCATION: Southeast comer of South Fowler and East Heaton Avenusit (Council District 5, Counclimember Dages) SITE SIZE: 19.5 acres LAND USE: Existing-Vacant Proposed-Single-Family Residential PLAN DESIGNATION The Roosevelt Community Plan designates this site for AND CONSISTENCY: Medium-Low Density Residential(R-1, R 1-C and R-11-13)kind uses. The proposed R-1 zoning is consistent with the"use designation. ENVIRONMENTAL FINDING: Findings of a Mitigated Negative Declaration for Environmental Assessment No.T-5096, R-02-29 Issued on September 25, 2002. - z REPORT TO THE CITY COUNCIL Rezoning Application No. R-02-29 January 28, 2003 Page 2 PLAN COMMITTEE The Roosevelt Community Plan Implementation Committee RECOMMENDATION: recommended approval of the project. PLANNING COMMISSION On December 4, 2002, the Commission continued the hearing RECOMMENDATION: to allow the neighbors to meet with the developer. On December 16, 2002, the developer met with the neighbors and City staff. The developer redesigned the subdivision to the satisfaction of the Sunnyside Property Owners Association, and on December 18, 2002, the Planning Commission voted 6-0 to recommend approval of Rezoning Application No. R-02-29. _ The Commission by thesamevote approved Tentative-Tract No. 5096, as amended. The Commission action on the tentative map was final; there was no appeal of these applications to the Council. STAFF RECOMMENDATION: Staff recommends approval of the project. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Low Density Residential R-1-AH (County) Single-Family Residences Single-Family Residential South Medium-Low Density AE-5/UGM Vacant Residential Agricultural Exclusive- 5 acres Minimum/Urban Growth Management Area East Medium-Low Density AE-5/UGM Vacant Residential Agricultural Exclusive- 5 acres Minimum/Urban Growth Management Area West Low Density Residential and R-1-A (County) Sunnyside Goff Course Open Space/Golf Course Single-Family Residential BACKGROUND/ANALYSIS Rezoning Application No. R-02-29 proposes to rezone the 19.5-acre subdivision site from the AE-5/UGM to the R-1/UGM zone district to permit the development of the 76 single-family residential lots. The R-1 district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. The lots along East Heaton Avenue, however,will have widths of 104 feet and areas of approximately 12,000 square feet as requested by the neighborhood. All of the lots in the subdivision exceed the minimum lot area requirement 1 I r x R REPORT TO THE CITY COUNCIL Rezoning Application No. R-02-29 January 28,2003 Page 3 The proposed density yield of this single-family subdivision (3.9 units per acre) is within the expecled density yield for a R-1 zoned project. The R-1 zone district is consistent with the Roosevelt Community Pian land use designation and permits use of the site for single-family residential homes. Tentative Tract No. 5096 is proposed to be developed with interior local streets having a right-of-way wk1h of 50 and 54 feet as permitted under Alternate Public Works Standards. Installation of sidewalks will be required on both sides of the public streets throughout this tentative map. ' The RoosBvelt Community Plan Implementation Committee and the Planning Commission both reconwnwnd approval of the project. Based upon-lie information contained in the staff report, the-proposed rezonkig ofVw"su i6n-*W 7 R-11UGM zone district is considered consistent and compatible with the wds** and planned land uns in the area. Staff, therefore, recommends approval of this application. CONCLUSION/RECOMMENDATION Staff recommends the City Council take the following actions: 1. APPROVE the Mitigated Negative Declaration for Environmental Assessment No. T 5096, R-02-20, dated September 25,2002. . 2. APPROVE Ru mftApplication No.R-0129 to rezone the subject property from theAl34WUGM 400 R 1/UGM zone district:to become effective for any portion of the site for which a final nu p ofTOWWo Tract No. 6096 Is recorded. m1KTwrnoffiG=-02-2RCC.wpd Attachments: Exhibits W Vidnity/Subdivision Map Conditions of Approval for Tentative Tract No. 5096 Mitigated Negative Declaration of Environmental Assessment No.T-5096, R-02-M Parks Division Memorandum dated September 13, 2002 FMFCD Memorandum dated September 19, 2002 San Joaquin Valley Air Pollution Control District Letter dated Ssptwnber 19,20042 Planning Commission Resolutions(Rezoning and Tentative Map) Ordinance Bill(Rezoning) 1 4 Iw 10f W17 N q r A y r !• {1 A O t1l •1 •f A M •! w A !!� M I E. LYELL I AVE— w w H A !1 w M h n w n � w s s• n N !! K 1» eM � 1 AVE. E. BUTLER I at M O 1 1 / 1 1 . ! 1 t 1 ! 7 . 1 f f • f 1) N r r r r n • ' l tt !! n � p n a n K n �� I E.TOWNS "f t I AVE. - m • x n , 31 n A x a J` x is x A w w « 1 3 30 1W IN 48 43 44 48 44 4T q4- HE _HE P .. 1 ! 7 AVC-. t ,o 01AE-5—U.G.M. 1 1 1. .. VAY ' 1 VICIMTY MAP N DEVELOPMENT DEPARTMENT TENTATIVE TRACT NO. 5096/UGM W E APN: 313-040-30& 31 REZONING APPLICATION NO. R-02-29 zoNE MAP: �ss� s Not to Scale BY/DATE: rcl/10/03/2002 1 J - y .4� - IM�y-N lilt lMOIII 1M i i t" � i � .1 •'1 � �t CD i d R — ---- -- -�---- ki ------- --- - 1 x 1� 1Ialad Ir" At id 7J . • 11I --- --------�t� I Q• /0 - . lot 0 owl cat oil WOW 1., 1.. 1 1 :rte' •-��t" _ .:= :"-� --- -- - -- : :z.. .. .. __� y�, �- ".r - -.war---•'-'-=�-ww1/r=�'-- --••1«•-----�-- ..>,.euesasl,i,�,r...a.,,.'�i '+/Y CITY OF FRESNO MITIGATED NEGATIVE DECLARATION Initial Study is on file in the Development Environmental Department, City Hall, 2600 Fresno Street, Assessment Number: Fresno, California 93721 (209) 498-4441 T-5096,13-02-29 ' APPLICANT: Assessor's Parcel Centex Homes Number: 1840 South Central Avenue Visalia, California 93277 313-040-30,31 PROJECT DESCRIPTION AND LOCATION: Tentative Tract No. 5096 and Filed with: Rezoning Application No. R-02-029, an 80-lot single-family REBECCA E. KLISCH, City Clerk residential subdivision and rezoning from the AE-5/UGM to the 2nd Floor - City Hall R-1/UGM zone district, on 20 acres located on the southeast corner 2600 Fresno Street of North Fowler and East Heaton Avenues. Fresno, California 93721-3603 The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application, the checklist, and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates.that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect maybe inherent in the nature and magnitude of the project or may be related to the I,design and characteristics of the- individual project. Effects rated in this manner are not sufficient in themselves torequire: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 adveise effects in terms of the factors considered on the environmental checklist,including.any such factors forwhichminor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the-"Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding°is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This.Mitigated Negative Declaration will be deemed all and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipa Code. INITIAL STUDY PREPARED BY: UBMI ED BY: Robert Lewis, Supervising Planner DATE: September 25, 2002 RA RN B C _. . Planning Manager MND ' x ENVIROI N04TAL CHECKi.YST Potential Environmental Effects EA NO. T-5096, R-M-29 1.0 i QIL, GEOLOGIC 10.0 TRA SPORTATIQN ANQ,QjRt.WWMN c; 1 10.1 Generation of vehicle traffic#" ent to 1.1 Geologic hazards, unstable soil conditions cause capacity deficiencies on existing 1 1.2 Adverse change In topography or ground street system, surface relief 1 10.2 Cumulative increase in ttaf -on a major 1 1.3 Destruction of unique geologic or street for which-capacity deficllndes are physical features projected 1 1.4 Increased water erosion 1 10.3 Specific traffic hazard to,motoristti, bicyclists, or pedestrians 2.0 1 10.4 Routing of non-residential tralfi�f rbu�h 2 2.1 Substantial Indirect source of pollution residential area (large vehicle generator) 1 10.5 Insufficient ot'poodyrelI a�dp/eor 2.3 Generation of objectionable odors rkl" 2.2 Direct on-site pollution generation 1 10.6 traffic ntial Nxxease In IL 2.4 Generation of dust except during 11.0 1121MALI QED construction Aila 1 2.5 Adverse local ciimatic changes .111.1 vs Y re protection vehick arc aewA i - " - ---- _3.0 .__.��_$$._ .1 11.3 Adequacy of design for 1 3.1 iu ent ground water available for 1. 11.4 Over ro of school long-term project use 1 11.5 Availability water main: Ildegw _1 3.2 Use of largB quantities of ground water size va A 3.3 WastsM use of ground water 1 11.6 Availability of sewer dto es of sds4v 3.4 PoNudon of surface or ground water .1 11.7 AvaUadl X - of stone water drainage 1 3.5 Reducesdon In ground water recharge fadlides (on or off sits) 40 1 11.8 A adequate park and recreation are" 1 4.1 R��of the numbers of any unique, 1 11.9 Unusually high soNd waste Oenemdoq rare, or endangered species 12.0 4.2 Reduction In soup of agricultural crop 12.1 h�seadl�at 4.3 Premature or unnecessary conversion of 1 �eVWon orvelssse of prime agriculturd land substances 1 12.2 Site subject to flooding 5.0 1 12.3 Adverse chow in wiss iomw of JL 5.1 the numbers of any rade, fkwd•waten uNque;or d species 12.4 Potential hg=*from ah+Oraft. 1, 5.2 Deterlo"..or t of valuable 12.5 Potential frgm WON sarxV'l wkWo habitat toxic waste$Iles ..L. 8.0 HUMAN.JJEhM 13.0 6METIQ1r a _ . 13.1 ort to puM or aOM11e elilli*., 7.0 view 7.1 N in existing noise levels .1 13.2 Creation of-aeW*11 ally 7.2 .;` Xposun.tv.li>aI10olse-levels. conditions 13.3 Removal of sweet tracts.or � 810 �Q S.1 Tin of VW9, which vvin adversely 1 13.4 A� wllh affect radd -areas surrounding ares F 1 8.2 of residences to high levels of 14.0 1 14.1 O " 9.0 L icN ala 1 9.1 Tixx�n ilitY whh adopted plans and 1 14.2.POROMS �orcr ce inco ; 9.2 Aaoelere sion of growth rate In 15.0 pyl�yy 9.3 Inverse uNplarar growth 9.4 Adverse p��n 'h existing or planned .1 15.1 Use o -�amounts of fwd or area a!>! ww" 1 15.2 Substantial incxesse in demand upon existing souraes of anergy 1 15.3 W use of energy SEE REVERSE SIDE FOR EXPLANATION OF RATINQS :P,,,i.E„ra, i Explanation of Ratings Insufficient Information Insufficient information is available to determine the potential environmental effects which may result from the proposed project in this category. No Significant Environmental Effect The proposed project will not have an adverse environmental effect in this category, or any such effect is not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is not applicable to the particular project under consideration. 11211 Moderate Environmental Effect The proposed project will have an adverse environmental effect in this category, which is of sufficient magnitude to be of specific concern. However, this effect is not substantial enough in itself to require the preparation of an Environmental Impact Report. t Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributed toward a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. CITY OF FRESNO DEVELOPMENT DEPARTMENT ENVMONMENTAL ASSESSMENT-INITIAL STUDY TENTATIVE TRACT MAP NO. 5096 AND REZONE APPLICATION NO.R-02-29 Project Information Assessor's Parcel 3113-040-30&31 Existing Zoning AE-5AJGK Bxdusive Five No. Acre Ag&cWLdtuamWrban Growth h� Job Address TT 5096 Proposed R 1AJGM, Single Family Zoning _ ResidentiaWrben Growth- IKanagement Street Location Southeast corner of Allowable 2.19-4.98 units per sere South Fowler and East Density Heaton Avenues Zone Map 2050 Proposed 4.3 units per acro Number D Project Deserilldon: ,• Tentative Triad Map No.. 5096 proposes to divide 20.3 gross acres(118.7 net sorsa)into 80 g*e reAdeaW lots. The site is locaW on the southeast corner of South Fowler and,Bstt , Heston Avenues. �. The site is prewitly zoned AE-5AJOM,Excmiw Frye Aare AgricrltunWrban Growth Msnageayad zm district.I Tho appliamthasffied Remone Application No. proposes to chop the caurrer►t zoning to theR-I/UGK Single FamBy 3tesideatiallUr'ban Cit+o!wth Management zone district. The proposed development is also located within boundarki0fdo. Roosevelt Community Plana-According to this plan the site-is designated for residential type uses. The subdivision will be developed at an overall density of 4.3,unit: pir:erica Aaoording to the Roosevelt Community Plan had use consistawy taW 2.10-4:9'9x uldti acre aro appropriate. no proposed density is consistent with the Roosevelt C rminity PlAn and the FMC,given that the medium-low density plan designation permits 2.19-4.98 units per acm In addition the toad map is located within the City's Urban Growth Managerm - Area thus it will be subject to its ordinances and poTides. Initial Study Tentative Tract Map No. 5096& Rezone Application No.R-02-29 Page 2 SURROUNDING LAND USES Planned Land Use Existing Zoning Existing Use North Low Density R-1-B (County) Single Family Residences Residential South Medium-Low AE-5/UGM Vacant Density Residential - East Low Density R-1-A(County) Sunnyside Golf Course Residential and Open Space/Golf Course West Medium-Low AE-5/UGW Vacant Density Residential It is noted that the adopted update of the Roosevelt Community Plan was the subject of . .environmental review under-Environmental Impact Report(EIR)No: 10113.-This EIR was reviewed in public hearing by the City Council and the Council certified the EIR and adopted the community plan update on April 7, 1992. EIR No. 10113 requires specific"finding procedures" to verify the.availability sof adequate water and sewer service and street capacity for every development entitlement application located in the Roosevelt Plan area. The required finding -procedures have been completed for the project by the Public Works,Public Utilities, and Fire Departments, and the specific findings are incorporated`into this analysis and,where appropriate, are included in the conditions of approval for the tentative map. It is also noted that EIR No. 10113 required the preparation of a monitoring checklist to ensure compliance with and implementation.of plan policies adopted with the Roosevelt Community Plan -Update. The completed monitoring checklist for this project is on file with the this initial study in the City of Fresno Planning and Development Department. Staff has reviewed the above-referenced project proposal and consulted with all affected agencies. Approval of the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing environmental situations as addressed below. 1.0—TOPOGRAPHIC. SOIL, GEOLOGIC CONSIDERATIONS _. . There are no geologic hazards or unstable soil conditions known to exist on the site. Existing Initial Study Tentative Tract Map No.5096& Rezone Application No.R-02-29 Page 3 topography would be preserved to the fullest extent practical by limiting earth work to that which is necessary for the development of building sites and improvements(roads, utilities,eta). Grade differentials at property lines must be limited to one foot or less or notification must given to affifbcted adjoining property owners. The site is not located within a flood prone area,thus no negative impacts aro anticipated.. Mitigation Measures:. No mttigahon i6easullii are necessary. 2.0--AIR QUALITY The proposed project will cumulatively contribute to the incremental decline in local air quality. However,the project's air quality impact.in and of itself isnot considered sigdt6icant. 'The project site is located in.Frmno County:which,in addition to the rest of the San Joaquin Valley,his consistently exceeded State and Federal ozone and PM-10 standards. It is a nonattainment awf.w 9 ozone and particulate matter and,within the Fresno-Clovis Metropolitan Area,a nonattainwAW atom for carbon monoxide. 11mefore,it is necessary for all projects to analyze, quare►and m ` short term construction impacts on air quality. It is required that watering of the project site,occur at least twice daily with complete oov a ' doting the deadag,grading and earth moving phoses.of the project to art down sOstatltially cn ' PM-10 eminions. T.o.nnitigate fugitive dust emissions during project conatmoliiM the W6vao' measures are requh-ed: , 1. On-site vehicle speed shall be limited to 15 mph; 2. All areas with vehicle traffic shaft be watered pedodieaIIy; 3. Loads shall baweated with a petroleum-based-dust palliative; " 4. Suvets.adjaaent to the project site shaft be swept as needed to nom silt,'whhdt may'have accumulated from construction aaHvitles so as to prevent excessive amounts of dust. Ozone eaussions will be mitigated during construction by the following measum 1. Equipment engines sttaftUtnaintaine'd in good mulitica and p aper thane per n�aiw8tettmer's specifications; 2. From August to October,the construction period shall boUnSthated so as to minimize the number of veldcles and equipment operating at the same time. — Initial Study Tentative Tract Map No. 5096& Rezone Application No. R-02-29 Page 4 The San Joaquin Valley Unified Air Pollution Control District(SJVUAPCD), charged with monitoring and improving local air quality, has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan(AQAP), which continues to project nonattainment for the three above-noted pollutants. The plan includes a number of strategies to improve air quality including-a transportation control strategy and a vehicle inspection program. An analysis of the air quality impacts associated with this project was completed using the URBEMIS 7G model. The resul+w of that study are as follows: - ROG NOx CO PM10 SO2 Construction 3.52 0.11 0.15 0.02 0.00 Area Source 0.70 0.17 0.17 0.00 0.00 Total Emissions 2.75 3.26 32.33 0.11 0.02 (tons/year) i These numbers represent an incremental contribution to the decline of local air quality. The projects impact on air quality,however, is not considered to be significant. The City of Fresno, in addition to the measures proposed by the SJVUAPCD, is proposing additional measures to improve local.air.quality including the full implementation of Measure"C"transportation improvements, implementation of air quality sensitive community planning, computerization of all of the City's traffic signals, and improvements to the City's transit system. 2.4--Generation of Construction Dust Construction of 80 single-family dwellings will contribute to short-term impacts on air quality in the form of increased dust and particulate matter. However,these impacts are local in nature and will cease upon completion of the project. The construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District(SJVUAPCD)Regulation VIII,Rule 8020, related to control of dust and fine particulate matter(PM10). This rule mandates the implementation of dust control measures such as cleaning, sprinkling and sweeping of all construction sites to reduce the potential for dust to the lowest possible level. A- On-site vehicle speed shall be limited to 15 mph; B. All areas with vehicle traffic shall be watered twice daily; C. Roads shall be treated with a petroleum-based dust palliative; D. Streets adjacent to the project site shall be swept as needed to remove silt,which may have accumulated from construction activities so as to prevent excessive amounts of Initial Study Tentative Tract Map No. 5096& Rezone Application No. R-02-29 Page S dust; E. All clearing, grading, earth moving, or excavation activities shall cease&a*periods of wind speed greater than 20 mph average over one hour; F. AD material transported off-site shall.be either sufficiently watered or covered to minimize dust. Ozone emissions will be mitigated during construction by.the following measures: G. Equipment engines shall be maintained in good condition and proper tura per , manufacturer's specifications; H. From August to October,the construction period shall be lengthened so as to minimize:the number of vehicles and equipment operating at the same time. Midgadon Measures: Compliance with District Rule 4901 and 4902 related to wood burning devices. To mitigate fugitive dust emissions during project construction,the following measures are re*ked: (District Regulation VIIn: LaplementationNertiicatlon: This mitigation measure6 and all other measures relative to egnst uction,shall be implemedW t*the a n di Bator as spewed by the applicant during:thaeonstr union phasa and•vuiged by tbe•PgWie: .Works Department,Construction Management Division. �o:-W�►T�R : :, , , 11—imufl d"Ground Water Available for Lm&=DWact Use 3,.4—Pollution of Surface or Ground Water Sup res Fresno is one of the largest-cities in the United States sial relying entirely•on groundwater for'its public water supply. The city maintains an extensive network of weils,,:.w4er f grad tom... basins to serve the city. While the aquifer exceeds a depth of 300 feat and,is large enough to provide adequate quantities of safe drinking water to the metropolitan area wall into the-twenty&vt oeafty, groundwater degradation, increasingly stringent water quality regulatios,as wall as him 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. Because of the extent of pumping in the metropolitan area,groundwater flows are generally toward the developed portions of&e city. Groundwater quality from wells located in the project area are adequate. The(Sty ofFresno is. Initial Study Tentative Tract Map No. 5096& Rezone Application No.R-02-29 Page 6 currently implementing a number of strategies aimed at managing existing groundwater resources, including location and construction of groundwater recharge facilities to purify and replenish the groundwater, routine testing of groundwater to identify contaminants, and the construction of well head treatment facilities to remove contaminants from the groundwater. There would be an increase in water use with the proposed projects in comparison to the existing land.use. The Department of Public Utilities has indicated that there is-an adequate amount of water to supply the proposed projccl,for domestic and fire protection services...Public water mains of adequate size are available to serve the project generally located within major streets. Each project will be subject to payment of all applicable Water Connection Charges prior to issuance of building permits. In addition, with continued implementation of the Water Resources Management Plan, the city's and region's long-term water supply is protected and would continue to be adequate to meet planned demands. The Public Utilities Department advises that there has been in the past insufficient number of water wells to provide the volumes necessary to supply some areas of the Roosevelt Community Plan area with potable water. This problem is also compounded by known DBCP and EDB:chemical and other groundwater contamination to be contended with in this general area. The City Council has directed that a plan for providing potable water to the southeast Fresno area be developed. The-Council direction will require the investigation of measures to modify the-existing City water system to improve water quantity and quality. The State of Califomia has recently required the installation of water meters for all new construction in the City of Fresno. Other firture measures may include the importation of-water from other areas of the City and a series of recharge basins said wellhead treatment facilities.to address groundwater pollution. It is noted that the Public Utilities Department has initiated water facilities fees to help defray the cost of the installation of wellhead treatment and groundwater recharge facilities for.the southeast Fresno;Area. The implementation of any or allof these measures-should.expand watersupply,thereby allowing for the continuation of growth in the southeast Fresno area. In addition,this project is subject to the water service "finding procedure" to verify the availability of adequate water service as required by EIR No. 10113 for theRoosevelt Community Plan area. In accordance with the Roosevelt Community Plan Monitoring and Findings Procedures for water service, it has been determined that a sufficient supply of water is presently available for development of this parcel if all other approved development is connected. A water demand analysis of the project indicates a total peak demand of 170 gpm. The computer analysis of the area including this additional demand indicates there would be sufficient volume, pressure, and fire flow available to meet minimum City Standards during periods of peak flow for all approved demand when connected to the water supply. �l Initial Study Tentative Tract Map No. 5096& Rezone Application No.R-02-29 Page 7 The Water Division of the Public Works Department states that the developmerit will not have an adverse impact on the city water system. 4 Mitigation Measures: Comply with the Department of Public Utilities memorandum-for Tentative Tract No. 5096,-.1dated August 29,2002. 4.0--FIARA 4.2-R&Won in acreage of Wcultural crop The subject site is not utilized for agricultural purposes and has been,planned for urban ddvaibptnp�k by adopted plants and policies. The Final Environmental Impact Reports No. 10085 and No. 10096 prepared for the 1984 Fresno General Plan and Roosevelt Community Plan update,,discuss the loss of agricultural lands in a thorough manner, These EWs conclude that agricultural lands in the Roosevelt Community Plan area as a whole are considered to be less valuable for oondbued look term arai use than several areas on the metropolitan fringe which are being converted tool ' residential uses. Mitigrttioo Measures: No mitigation measures are necessary. S.0 -FAUNA Thea-kilio.*nrMdint wildlife:population-currently inhabiting the site -11*10lscapigto be installed would provide habitat for certain species of birds and small animals accum smed to ad urban ` No adverse environmental effects arc expected as a result of ten:project. Mitigation Measures: No mitigation measures are necessary. 6.0—HUMAN HEALTH; The proposed project provides safe ingress and ogress for both vehicular and pedestrian traffio'as well as adequate access for fire and police in an emergency. The proposed project is not expected to create unsafe conditions and would not result in adverse effects on human health. Initial Study Tentative Tract Map No. 5096& Rezone Application No.R-02-29 Page 8 Mitigation Measures: No mitigation measures are necessary. 7.0—NOISE 7.2—Noise Exposure A portion of-the subdivision will abut South Fowler-.Avenue, a designated "Arterial" street and.East Hamilton Avenue, a designated-collector" street. The vehicular traffic which will ultimately utilize these street will generate a significant amount of traffic noise and may result in potentially dangerous traffic access situations for the homes adjacent to the streets. The traffic noise and access.problem at this street will be mitigated, however, by the recommended conditions of approval for the subdivision. The lots which will back-onto or side-onto these streets will incorporate a 6-foot high solid wall or fence behind a 15-foot landscape strip into their design. The wall and landscape strip will not-only prohibit direct access from these lots to these streets but will also provide some noise relief to the inhabitants of the lots nearest these streets. The landscape strip will also help to make the street more aesthetically pleasing in appearance.. Mitigation Measures: Wave access to South Fowler and East Hamilton Avenues and constrict noise wall or fence at the rear of the 15-foot landscape strip. 8.0—LIGHT AND GLARE Although lighting from the proposed subdivision will not adversely affect neighboring resident per se, lighting from the adjacent streets and the railroad lines may have a negative impact on its residential neighbors. The required landscape buffer required along the eastern.property line will substantially reduce light and glare onto residences. 9.0—LAND USE The proposed project is considered consistent with the medium-low density residential land use designation for this site by the Roosevelt Community Plan and the Fresno General Plan. However, Plan Policy No. 1-7.1 (b)(1) is to be utilized as a guideline as advisory criteria in evaluating the compatibility of new residential development in the areas designated for medium-low density residential. This policy provides that a minimum of 12,500 square foot lot size or largeLbe required in the medium-low density residential planned areas adjacent to low-density residential planned area. A, A Initial Study Tentative Tract Map No. 5096& Rezone Application No.R432-29 Page 9 The adjacent residential lots located north of the project site across East Heaton Avenue have lot widths of 104 feet and area of approximately 14,000 square feet. Because the policy is advisory, staff is recommending that the lots along the north boundary of the tract have mWimum widths of 104 feet to match the existing neighborhood and minimum lot depths of 113 fent to provide for W _.areas of approximately 11,750 square feet. This standard will also bring the project in confafince with Policies No. 1-7.1 (a)and 1-6.2 of the Roosevelt Community Plan. Mitigation Measure: __..._.... __ . ... _.. Increase the minimum lot width along East Heaton Avenue to 104 feet 10.0—THAN=RTATION AND CIRCULATION 10.1 --Generati n of vehicle traffic sufficient to cause cagaciiy deficiencies stmet The Roosevelt Community Plan designates the site for medium-low density residential uses. Tire Public Works Department Traffic Engineer advises that the purposed 80-lot, 18.7_6WO;'R.1 zoned project would gernerate approximately 766 veelutele trips per day VTC)and that South Fowler Avenue will ultimately have a capacity of 34,000 VTD and Bast Hamihon Avtoxt wM. . have we apsg ty of 28,000 VTD. The available capacity an the nearby mew std,updor with the oaditions of approval for Tentative Tinct No: 5096, will provide for adequaf dreulaHon for ftffic generated by this tract. This project.is.subject to•the traffic circullatioh"finding•procedure.tovedfy the avai'Wft of -•adalaft'Public street capacity.=required by EIR No.'10113 for the Roosevelt!ContAmbmit�t m : area. .As described abovethe Public WarbDepartmen has-catduod::a q1 fr ` : and has inoocpgrahed all recommended conditions of apptroval that we:fea .inb the pt "ass verified by the City.Traffic Bngrneer. However, dds.pt oe et wiu+ovott ule io dtia` increase in tmfflc in the Roosevelt Plan arra. In addition,buildout of the Roosev*Plan arae' may adversely impact planhrhed roadway capacities and increases in planned roadwayeapedty throughout the area may be required. 11.0—URBAN SERVICES 11.4-4nr M1WiQg of gchool Facilities The subject site is within the enrollment area of the Sanger Unified School District. Because of the growth oecundno within the district boundaries,the school district has advised that thst"district has adopted developer fees in accordance with current state law,which willrequire the developer of this project to pay a fee for school facilities per the adopted schedule of fees. In addition,the District has Initial Study Tentative Tract Map No. 5096& Rezone Application No.R-02-29 Page 10 requested that the owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. 11.6--Availability of sewer lines of adequate capacity The.City of Fresno's Wastewater Treatment Plant, with an estimated hydraulic treatment capacity of 80 million gallons of effluent per day(MGD)average dry weather flow,--is currently treating between 53 and 55 mgd on a yearly basis with some daily total flows of 80 mgd. The treatment plant is approaching its overall design capacity. -This project; as proposed,-will cumulatively contribute to the short-term reduction of capacity at the plant. In order to address this situation and to reduce the chance of eventual curtailments in the City's development process,the City is in the process of expanding the plant's capacity to 90 MGD. This project is subject to the sewer service "finding procedure" to verify the availability of adequate sewer service as required by EIR No. 10113 for the Roosevelt Community Plan area. A sewer availability analysis was completed for this project. The average daily sanitary sewer flow contribution resulting from this project has been estimated at 27,600 gallons per day and it has been deternined by the Public Works Department that there will be adequate sewer capacity to serve the project. *. 11.7--Availability.of storm water drainage facilities on or off site In order to avoid or reduce the discharge of-pollutants into the storm water sewer system,the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for..awadety of industrial uses.and-for any construction site of 5 or more acres of land. ;The property�owner,of this development site-has been informed of that requirement and of his,and any.business-owner's, responsibility:to:censure-that the Notice of Intent is filed in accordance with the regulations published in Volume 55,No. 222 of the Federal Register. Mitigation Measures: No mitigation measures are necessary. 12.0--H4ZARDS Some hazard may be associated with the use of construction equipment but this is not expected to be significant and will be mitigated by a surrounding construction fence. A Initial Study Tentative Tract Map No.9)96 tit Rezone Application No.R-42-29 Page 11 Mitigatlon Measures: No mitigation measures are necessary. 13.0--AESTEETICS - - No public or scenic vista will be obstructed by the development and.no ole vegetation will be removed. The developer proposes to use an architectural design which is compatible with sutroundinll developments. Midgadon Measures: No mitigation measures are necessary. 14.0—ffiST QRICALARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites wM be protected,the,following conditions have been added to this special permit approval. - i • I. If and/or animal fossil material is encountered during project survayin&-grsdin&e m aft.or construction,work shall stop immediately. 2. -If tbere-are suspected Duman remains,the Fresno County Coroner shall be immediately contacted. Ifthe r mains or.other.arciMrreologtcal material.is poaa�r Native American in.of-W-N the Nafive.Amwim E �itage Commission shall be imupdbAdy contacted,.and the California.ArchaeolggKW InventoryMouthern San yoagnia Valley hfo oration Center shall be contacted to obtain•a-referral list of reoa diedardraAeologtsts. An archaeological assessment.:hall be oonduoW for the project,the srte shall be formally rbcorded,and rncomrrrardations made to the(qty as to any Rather site investigation or site avoidanee*mervadon 3... : :-If aulmal fossils are uncovered,the.Mum m of Paleontology.U.C.Berkeley shall be contacted to obtain a re&ffal list of recorbAd paleontologist:. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the matdrlal to be significant,it shall be preserved. Midgation measures: No mitigation measures,are necessary. Initial Study Tentative Tract Map No. 5096& Rezone Application No. R-02-29 Page 12 15.0--ENERGY Excessive energy consumption is not expected to occur with occupancy of the development. Mitigation Measures: No mitigation measures are necessary. FINDING FOR MITIGATED NEGATIVE DECLARATION On the basis of this initial evaluation, itis determined that the proposed project is consistent with all applicable City plans and policies and conforms to all applicable zoning standards and requirements._Based upon the information received from various public agencies and based upon the information available in the public record, there is no substantial evidence to indicate that the proposed project may have a significant effect on the environment and a . negative declaration is appropriate. However, there are certain specified conditions to the: issuance of this Negative.Declaration, therefore, this environmental finding shall be considered-a Mitigated Negative Declaration. The mitigation measures which are the conditions to the issuance of the Negative Declaration shall be monitored in accordance with the attached monitoring checklist for Environmental Assessment No. T-5096, R-02-029. } Initial Study Tentative Tract Map No. 5096& Rezone Application No. FL-02-29 Page 13 CITY OF FRESNO MONITORING CHECKLIST FOR ENVIRONMENTAL ASSESSMENT(EA)NO. T-5096,R-02.29 This monitoring checklist for the above noted environmental assessment is being prepared in accordatwe with the requirements of the California Environmental Quality Act(CEQA)and is intended to estabM a reporting/monitoring program for Ttotative Tract No:5096 and.Rezoning Application No.R-02-29,_as required-under Assembly Bill-3180. implementation of mitigation measures.as noted below will be required upon the request for entitlements for the s*ec property in Environments!Assessment(EA)No. T-5096,R-02-29 IbELEMENTED BY WHEN W—LErMM VBRIFIBD BY 4.2 Approval of the subdivision Contractor,Public During.construction Contra ff,Pum Ad be conditioned upon NVorlak Construction �Worlct,�a compliance with the Dsartagemeat Division. i�u �isrlii©a SNUAPCD Repli ion VIII,We 8020 7.2 Approval of the proposed Development Prior to.occupan ►of :_3levalopmie project shall be conditioned Department,Land dwelling unit.within t1►e Dep tmeat., upon TtttctNo. 5096 Division and Engineering Project providing a 25-foot side Section yards and 35-foot tear yards and s solid wall or Hence at the side and rear of all lots which side-onto or back- onto the major street. City of Fresno December 18, 2002 Development Department CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 5096/UGM All tentative subdivision maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and Standard Specifications. The following specific conditions are applicable to this subdivision map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements". NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees,dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 10 Preparation of the final map in accordance with Tentative Tract Map No. 5096 entitled "Exhibit A," dated September 30, 2002. �tA� pavec.o/�'cwf '4w42. Pursuant to Policy No. 1-17.3 of the Roosevelt Community Plan, the subdivider shall designate and develop at least 5.percent of the total project area for open space use or provide an equivalent amount of additional area to an approved LAJD vw 4 public or quasi-public open space within a quarter- mile of this development. MC 3.(A The residential lots along the north boundary of the tract(fronting on East Heaton Avenue) shall have minimum lot widths of 90 feet and minimum lot depths of 113 feet to provide for lot areas of approximately. 10,170 square feet. Lfio3o DW 4. Submit grading plans and soils report to the City of Fresno, Development Department, for verification prior to final map approval. Ref. Sections 12-1022 and 12-1023, Fresno Municipal Code. Approval of grading plan is required prior to final map approval. Grading plan shall indicate the location of any e1't c,amu,7 required walls and indicate the proposed width of required landscape easements or strips. a Conditions of Approval Tentative Tract No. 5096/UGM Page 2 December 4, 2002 5. Public utilities easements, as necessary, shall be dedicated to the City of Fresno. Any required relocation of existing utilities necessitated by required street improvements will be paid for by the appropriate utility company or the developer of the project. Contact the appropriate utility company for 4 Psi�P qv Gk4: information. 6. Relinquish access rights to South Fowler and East Hamilton Avenues from all residential lots to these streets. Ref. Section 12-10114--3, Fresno Municipal P4�-lave viiew, Code. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; and Resolution No. 68-187, "City Policy with Respect to Subdivisions"; Resolution No. 70-36, "Standard Specifications 1970," as amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984," as amended. . . 8. The subdivider shall pay applicable fees for, but not limited to, stred trees, h: street signs, water fees, sewer fees, and inspection fees in accordance with Resolution No. 79-606 and Resolution No. 80420 (Master Pee Schedule), of _ io-Naup u,v &14 anyamendments, modifications or additions thereof and in accords= with,0,` Y rogwtrea�ents of State law as +elated to vesting tentative tract maps. .93 The subdivider shall furnish to the City a subdivision guarantee of a title couqmmy all parties having any right, title or interest and the natim of #heir k4evest per State laws{ s: Landsca,nine and Walls 10.® Provide,a 15-foot landscaped easement (and irrigation system) along the='°°s'. _ side property lines of all lots which back-onto or side-ont+e South Pow1w or BW 4 UuO 1*1 ,,90Y, Hamilton Avenues. Ref. Section 12-10114--3, Presno Municipal Code. When the grading plan establishes a top of slope beyond the required'landecap. 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 ' Tentative Tract No. 5096/UGM Page 3 December 4, 2002 11. Maintenance of the required 15-foot landscape easement located along South owler and East Hamilton 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 ? ywb giU44,;7 , District. The property owners shall petition the City for annexation to the City's District prior to final map approval. 12. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he is aware of the estimated amount of the assessment. 13. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&RIs) and the proposed instruments for the homeowner's association shall be submitted to the Development Department for review two (2) weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of " responsibility to the owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 14. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Development Department for review prior to final map LANV ujo 4crx approval. 15. Construct a 6-foot high solid masonry wall, or approved architecturally designed solid fence (solid wall or fence to meet requirements of Section 12-105-W-2, and Section 12-306-N-19, Fresno Municipal Code), at the rear of the required landscaped easement noted in Condition No. 10, above. 16. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to"the Development Department for Conditions of Approval Tentative Tract No. 5096/UGM Page 4 December 4, 2002 review prior to final map approval. 17. The developer shall provide two medium size trees in each front yard area of each lot located on a 50 or 54-foot API public street. The owner shall executs a covenant agreement running with the land to insure maintenance of the two'tr+ees to be provided in the front yard area of each home by the homeowner. Building Setbacks 180 Building setback lines shall be in accordance with the R-1/UGM zone district. Information 19. Tentative Tract No. 5096/UGM is subject to Council approval of related Rezoning Application No. R-02-29. Rezoning of the site from AU5/UGM to R-l/UGM zone district shall become effective for any portion of the tentative map of Tentative Tract No. 5096/UGM.for which a final map is raorde& If multiple final maps are recorded, the requested rezoning will become a betive only for each phase of the tentative map upon recording of each final map. 20. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immodiataly. If there are suspected human remains, the Fresno County Coronor shall be immedi�ataty contacted. If the remains or other archaeologiW matorlsh`is possibly Native American in origin, the Native Amnriican HiCri. tege:Ca�mmiasion (phone. 91.6-653-4082) shall be immediately contacted,'and the California Archaeological bventory/Southern San Joaquin.Vallrsy Confer (phone. 805-644-2289) shall be contacted to obtain a referral He of roodgehad archaeologists. An archaeological assessment shall be conducted'for the pwjmcx, the site shall be formally recorded, and recommendations made to=the-- ...City as to any further site investigation or site avoidanoe/preservation. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist, and if the paleontofogist determines the material to be significant, it shall be preserved. r Conditions of Approval Tentative Tract No. 5096/UGM Page 5 December 4, 2002 21. Pay school construction fees to the Sanger Unified School District in accordance with the adopted schedule of fees, prior to the issuance of building permits for the subdivision. 22. Contact the United States Postal Service - Fresno Office for the location and type of mailboxes to be installed in this subdivision. 23. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple final maps shall not detract from the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Chapter 12, Article 10 of the Fresno Municipal Code (Subdivision of Real Property). 24. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for'the closure of any septic tank, cesspool or water well. All permits shall be obtained prior to commencement of such work, in accordance with Chapter 13 of the Fresno Municipal Code. 25. Apportionment of Special Assessment -If, as part of this subdivision, a,division will be made of any lot or parcel of-land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the subdivider shall file a written application with-the City's Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot,.parcel, or interest to the • 7. A ' Conditions of Approval Tentative Tract No. :5096/UGM Page 6 December 4, 2002 requesd;d apportionment. The application shall be filed prior to the approval of the final map by the City and shall be accompanied by a fee of 2,970.00, or in an amount specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an ...amount sufficient to pay all-costs-of the-City-and-the Engineer--of Work _.- responsible for determining the initial assessment in making the requested apportionment.. PARK SERVICE 26. Comply with die Parks Division requirements in there memo date September 13, 2002.4zv Pr Urban Growth Management RQuirements 27. The subdivider shall be required to pay the appropriate UGM Park Capiml-Fee f.at the dme of final map approval. Fee payment may be defined until time of building permit issuance in accordance with the requirements of SoCtion pip_ u Fw ,eZ&, 12-4.509-C-3, Fresno Municipal Code. i 28. Mw subdivider shall pay the appropriate Fire Station Capital Fee at the time of final map approval. If appropriate, fee payment may be deferned until the time +. of building permit issuance in accordance with the requirements of Section KV-- 4" 12-4.-M&D-3, Fresno Municipal Code. STREETS AND R -WAY 29. The subdivider shall make provisions for the physically handicapped in accordatcoe with the Department of Public Works standards and as rec Wn-ed by Conditions of Approval Tentative Tract No. 5096/UGM Page 7 December 4, 2002 State law. Handicap access ramps are required at all corner within the limits of the tract. 30. All existing and proposed utility systems shall be installed underground in accordance with Section 12-1011(h) of the Fresno Municipal Code. The subdivider's attention is directed to the installation of street lights in accordance with Resolution Nos. 68-187, 78-522, 81-219 and 88-229. - �T72�Y"��yG 31. The subdivider shall construct a complete underground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any modification thereto approved by the City Council prior to installation and shall be approved by the City PW -StRQ5rs Traffic Engineer prior to final map approval. All lights shall be dedicated to the City upon completion. Submit engineered construction plans to the Public Works Department for approval. 32. 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. ,4p_LpiUPI Lt. 33. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. 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. V nrr--- 35. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. All required signing and striping shall be done and paid for by the developer. All signing, detouring-, and barricading shall conform to the Manual of Traffic Control, dated 1990, issued by the Sate of California. Sign and striping plans shall be submitted along with the street construction plans for this tentative map to the Transportation Section of the Public Works Department for review and approval. e Conditions of Approval Tentative Tract No. 5096/UGM Page 8 December 4, 2002 35a. Right-of-way acquisition in the County of Fresno must be approved by the Frmw County Board of Supervisors. The road improvement plans for all new and/or reconstructed roads which are adjacent to County roads or properties under County's jurisdiction ihudl be reviewed and approved by the County of Fresno. In addition, and encroachment permit y✓.�brre�+� shall be obtained from the County for any street work done within the County's cigl"& way. 36. AH-intenor streets shall be dedicated'in`accordance with the 3 f - oot and-54 standard widths as shown on Exhibit "A" and fully improved with standard curb, gutter, sidewalk on both sides of all streets, under ground street lightigg (E-2), and full width permanent street pavement. Where street furniture is located within the sidewalk area (fin hydrants, streetlights, etc.) A minimum of W 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. South Me Arthur, South Wittier, South Bliss and' South Laverne: Avenues must be a minimum 54-feet wide for a distance of 150-feet from the,intersection with East Hamilton Avenue. 37. South Fowler Ayenue--within the limits of the tract, shall be dedicated and- improved nt!improved to a 110-foot arterial street standard width and.required corner cutof,.. A for handicap nunps, in accordance with Public Warks standard and improved. . with'standard curb, gutter, sidewalk, under ground street lightigg, and 20 fed of permanent street pavement. The sidewalk patter shall be construed to at 10- foot residential pattern. Construct transition pave"as ftquirod. The developer shall construct-an and -s , ' $-_W rei Fubltc� .- Wadm Standard E=1 within the limits of the tra& atrnd de f t shall conform to Public Works Standards:fbt arteital . Handicap access ramps are required at"all cornett within the limits of the tract. 38. East Hamilton within the limits.of the tarot,shall be dedicated and. improved to a 84-foot collector meet standard widtbi•(424W wide easeoi" north of centerline) and required corner cutoffi f:brIandieap ramps, in accordance with Public Works standard and tt proved with standard curb, gutter, sidewalk, under ground street lighting, and 20 fact of permanent street pavement. The sidewalk patter shall be constructed to at 10-foot residential pattern. Construct transition pavement as required. Conditions of Approval Tentative Tract No. 5096/UGM Page 9 December 4, 2002 The developer shall construct an underground street lighting system per Public Works Standard E-1 within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector streets. Handicap access ramps are required at all corners within the limits of the tract. 39.& East Heaton Avenue--within the.limits of the tract, shall be dedicated-and improved to a 60-foot local street standard width (30-feet within the limits of the tract) and required corner cutoffs for handicap ramps, in accordance with Public Works standard and improved with standard curb, gutter, sidewalk, under ground street lighting, and 20 feet of permanent street pavement. The sidewalk patter shall be constructed to at 12-foot residential pattern. The developer shall construct an underground street lighting system per Public Works Standard E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Handicap access ramps are required at all corners within the limits of the-tract. 40. South Burgan Avenue--within the limits of the tract, shall be dedicated and improved to a 60-foot local street standard width and required corner cutoffs for handicap ramps, in accordance with Public Works standard and improved with standard curb, gutter, sidewalk, under ground street lighting, and 20 feet of permanent street pavement. The sidewalk patter.shall be constructed to at 10- foot residential pattern: ., The developer shall construct an underground street lighting system per Public Works Standard E-1 within-the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Handicap access ramps are required at all corners within the limits of the tract. 41. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Quality Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Conditions of Approval Tentative Tract No. 5096/UGM Page 10 December 4, 2002 Urban Growth Management Requirements The nearest major street complying geometrically with the master plan of streets and highways is Bust Fowler Avenue. In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements -necessary-to-provide adequate emergency axe-serxice access,_the improvements are required. 42. Install a 150-watt safety light at the northeast corner of South Fowler and East Hamilton Avenues. 43. East H8m ton Avenue- Construct the center two 17-foot travel lanes within the limits of this tract. 44. South EMwler venue - Construct the venter two 17-foot travel laces within the' limits of this tract to the intersection with East Hamilton Avenue. Construct a raised concrete median island within the frontage of this tract to accommodate for a 250-foot turn pocket at East Hamilton Avenue. This project falls within UGM Major Street Zone D-1/&2. UGM foes shall be due. -SEWER SERVIE A 48-inch sanitary sewer main is existing in South Fowler Avenue and a 15-inch sanitary sewer is existing in East Hamilton Avenue to serve the proposed subd ision. The following conditions are required to provide sanitary sewer service to the tract. 45. Separate sewer house branches shall be provided to each lot created. 46. A 154nech public sewer main extension within South Fowler Avenue from Bast Hamilton Avenue north to the proposed new East Hamilton Avenue alignment - along the southerly tract frontage is required. 47. An 8-inch public sewer main within East Heaton Avenue allpment along the Conditions of Approval Tentative Tract No. 5096/UGM Page 11 December 4, 2002 tract frontage is required. 48. An 8-inch public sewer main within South Burgan Avenue along the tract frontage is required. 49. All public sanitary sewer facilities shall be constructed in accordance with Public . - Works Department standards, specifications and policies. WATER SERVICE A 14-inch Transmission Grid Water Main is existing in South Fowler Avenue at East Butler Avenue and a 6-inch water main exist in South Burgan Avenue to serve the proposed subdivision. The following conditions are required to provide water service to the tract. 50. A 14-inch Transmission Grid water main (TGM) shall be extended in-South Fowler Avenue from East Butler Avenue southerly along the tract frontage. 51. An 8-inch water main shall be extended in East Heaton Avenue along the tract frontage. 52. An 8-inch water main shall be extended in East Burgan Avenue along the tract frontage. 53. An 8-inch water main shall be extended in East Hamilton Avenue along the tract frontage. 54. Separate water services shall be provided to each lot created. 55. All public water facilities shall be constructed in accordance with Public Works standards, specifications and policies. Additional requirements resulting from the verification findings process established by certification of Final Environmental Impact Report No. 10113 and adoption of the Roosevelt Community Plan. ' 7 Conditions of Approval Tentative Tract No. 50961UGM Page 12 December 4, 2002 560 1 The developer shall identify a parcel for construction of a new City water well. The parcel shall be 12,000 square feet in area and approximately 100 feet wide and 120 feet deep. The site shall be located in the vicinity of the subdivision, not necessarily inside the tract. Proximity to an existing or planned water main is required. Urban.GrowthMmUement Requirements 57. The tract is located in Water Well Service Area No. 501-5. The developer shall pay the appropriate water supply well charge in effect for this area at the time of final map approval. URBAN GROWTH MANAGEMENT REO S (GENERAL) 58. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay W applicable UGM fees ` imposed under the Urban Growth Management process (with appropriate crie& given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 59. 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. Ri¢ht-o -_fti A, cquisi&n 60. The developer will be responsible for the acquisition-of any necessary _. right-cf-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 should+etg*Hng:::In,general,.this will. ` require right-of-way to be provided approximately..14 feet outside the traveled lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of--way is necessitated by the Conditions of Approval Tentative Tract No. 5096/UGM Page 13 December 4, 2002 subject development, said acquisition will be accomplished prior to final map approval. The developer should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished prior to final map approval, the developer must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The developer shall furnish to the City Public Works Department, Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the Real Estate Section) prior to preparation of a Subdivision Agreement. The developer/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL 61. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 62. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the -subdivision or any amendments or modifications to those requirements which may be granted by the-FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Development Department dated September 19, 2002. 63. 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. G' Conditions of Approval Tentative Tract No. 5096/UGM Page 14 December 4, 2002 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 64. Comply with letter from the San Joaquin Valley Air Pollution Control District dated September 9, 2002. P/,S AND CHARGES 65. This project is subject to the following development fees and charges: PAW DEPARTMENT a. Street Tree Landscape Plan Review fee $37.00 b. Street Tree Installation fee City installed tree 5102.00/tree C. Stmet Tree Inspection fee Developer installed tree S28.00/tree d. Maintenance District Plan Review fee $132.00 e. Maintenance District Inspection fee $293.00 4Y a?� FRESNO M 17ROPOLITAN FLOOD CONTROL DISTRICT >'t a f. Metropolitan Flood Control District Fes a00 �'. SEWER CONNECTION CE"GES g. Lateral Sewer Charge $0.10/squaro-foot(to 100'depth) h. Oversize Charge S0.05/:quare A30t(too 100'depth) i. Trunk Sewer Charge S3441living unk Service Area: Fowler J. Wastewater Facilities Charge . 2,119/liv 4g unit k House Branch Sewer Charge da ' Conditions of Approval Tentative Tract No. 5096/UGM Page 15 December 4, 2002 1. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES In. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. n. Frontage Charge $6.50/lineal foot o. Fire Hydrant Charge $0.75/100 square feet (to 250 ft parcel depth) P. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $507/living unit Service Area: 501 s S. Well Head Treatment fee $207/living unit Service Area: 501 t. Recharge Fee $61/living unit Service Area: 501 U. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE V. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEES/CHARGE• Conditions of Approval Tentative Tract No. 5096/UGM Page 16 December 4, 2002 W. UGM Fire Station Capital Fee 5605/gross acre Service Area: 15 X. UGM Park Fee 51,650/gross acre Service Area: 2 Y. Major Street Charge $2,180/adj. acre Service Area.D-1/1-2 x Major Street Bridge Charge 5210/adj. acre Service Area: D-1/1-2 as Traffic Signal Charge $860/adj. acre bb. UGM Grade Separation Fee n/a oc. UGM At-Grade Railroad Crossing Fee n/a Service Area: dd. Trunk Sewer Charge n/a. Service Area: ee. Street Acquisition/Construction(urge n/a . rcN:kclfiles\doounwntsVCCUAT5096 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis, Supervising Planner Planning Division FROM: Nancy Morrison, Parks Planning Coordinator, (559.621.2927) DATE: September 13, 2002 Subject: Vesting Tentative Map T-5096,Located on the Southeast confer of South Fowler and East Heaton Avenues. The Parks Department has reviewed the Tentative Subdivision Map proposed by Centex Homes,Inc.,on engineering drawings plans prepared by R.W.Greenwood Associates. The Parks Division offers the following comments regarding the street tree,and buffer/parkway strip conditions ... 1. STREET TREE REQUIREMENTS A. Streets within this subdivision that are to be constructed at 501/54' in width require that adjacent sidewalks be constructed. Per council Resolution#98-129,the developer is exempt from the street tree requirements as normally required in subdivisions. However,Conditions of Approval adopted by City Council requires two street trees per lot for internal streets. FMC requires one tree every 60 linear feet of street frontage on the following streets. STREET NAME DESIGNATED STREET TREE SPECIES South Fowler Ave. Liriodendron tubpera Mlip Tree) East Heaton Ave. Nyssa syhwtica(Tupelo) South Burgan Ave. Ginkgo biloba(Ginkgo) East Hamilton Ave Quercus suber(Cork Oak) 2. BUFFER PLANTING ADJACENT TO EAST HAMILTON AND SOUTH FOWLER AVENUES A. The developer is required to provide installation and long term provision for maintenance of landscaping in the caswwrit and right�f-way.adjacent to East Hamilton Avenue and South Fowler Avenue. The developer may do this by establishing a homeowners association. B. As an alternative the developer may petition to annex buffers to the Community Facilities District #2(CFD2). 3. DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT A. For land to be annexed to the CFD2,lfandscape and irrigation plans for buffers shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks,Recreation and Community Services Department. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990 as well as with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping passed by Council on September 20, 1994. _. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer Parks Recreation and Convnunity Serviax Department Comments on T-3096 September 13.2002 r: Page 2 and/or parkway strip,die planting cmwept shall simulate the adjacent landscape design to prosect a more uniform appearance on the street. C. Landscape plans shall indicate grades and show fencing or wall details. All fwc ing shall be planed outside the landscape casement. Maximum slopes shall not mawd 4:1 with 1'of level Vo nd between the slope and the back of the sidewalk and/or face of faaoe. Erosion control measuras shall be implemented on all slopes of 4:1,including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. E. No private fgs,signs or identification of any kind shall be pemitted in the right of gray,whhin Ow city-controlled easement or on the fi m or wall&A*the street. 4. ENVIRONMENTAL ASSESSMENT A. This n.projeet is consistent with the Paries Master Play 1 File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Nq Mr. Alan Kawakami, Chief Engineering Tech.CENTEX HOMES Development Services Department 1840 S. CENTRAL AVE. City of Fresno VISALIA, CA 93277 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5096 PRELIMINARY FEE(S)(See below) DRAINACTE AREA(S) BM it " - " DRAINAGE AREA —"--IBM " __. _$85,640.00 DATE Cj—/q—O2 DRAINAGE AREA - - TOTAL FEE $85,640.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District O 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 O prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the_fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment a) Fees related to undeveloped or phased portions of the project may be 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 tf = permanent provisions are made to assure thafthe site remains in that configuration: c) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. - d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. SMAS 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO M'.ETROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing five or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet wsw 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. L State General Permit for Storm Water D'tscbarges Associated with Constrimfion Activitie4.August1999_(available atgoDisWd.Office.) AState Gerreml.-. Construction Permit is required for all clearing,grading,and dMabenaes to the ground that result in soil disturbance of at least five acres(or less than five awes if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implertrent a z storm water pollution prevention plan,eliminate non-storm wow diwbaiges, O conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. 1. �• Under the Phase II federal storm water quality regulations a State General Construction Storm Water Permit will be nquii+ed for,all activities dant disturb one acre no later than Much,2003. b. State 0e neral Permit for Storm Water Discharges-Associated with phial ' Activities,April, 1997(availrtble at the District Office.) A Strube(ler ad ` _. Indut Wel Permit is required fix specific%=of industries descxlbed In to NPDES regulations or by Stwulud Intel Clasalfit tion.(SI%Co& The fallowing categories of industries at!e genewn od-tosmman 1� manufacfi�frt�ktt �+eo►yoligg�tod_ } .�. : -- maaagemer�t. Specific exemptions edstfocmruD coeur adtirely indoors: Peamitteos are a, o "Itde�tt . . be oovar+ed and must pay a permit fee>tio>$#ata Wer C000ttol Board,develop and Implement a atorm woebecpQlUe fat►p npn lon pilak eliminate non stoan waiter discbarg9,Qoadur� •site im pecdoos,train to in ' oo ' e sbomr wakes nmoff and test it for �D y� P ,mPh _�_ pollutant indicators,and aimuallyliio ti ;8oiiod. �eu,r $ &OLIVE - FRESNO.CA 93727 - (S59)156.1292 - RAX(&49)456 191 1 W6~dbaad of Sr/SW TEMP. PONDW &IS/N HEATON AVE. 1 60" TRACT N0. 5096Q R crLd.I Q ~ W Z U QN W ? Scale Q = J g 3 m HAMILTON 24" AVE. 35' ode Temppaarory W I 15' rde Tempomry Construction Eixment > Conshucbon Easement d 20' rde Rolm Omin Easement 1 w Area of Excavation O LEGEND 20' a-worm >Diiroin Easement -_ _N_�Non Aloster P/an Facilifieg to ta.be 0edicate�dr#o-Disfi�C# by be Constrycted by.Aq d'per Developer- Not Qigib/e for Fee Cruet ® 35' & 15' ode Tempora ---07ster:P/an :FacilliYes to-be - Construction Easements to be Constructed.by Developer and Dedicated to District Subfectto Immed/ate.Reimbursement. by Developer (pipe size shown) �- Future A/aster Plan Fadi ies Master P/an Facilities to be Constructed by Developer - lnlet, Outfall and Pipe (pipe size shown) TR�tGT 5096 N EXHIBIT NO. 1 Dra�d��L1e8 Bll �■� FRESNO METROPOLITAN. FLOOD CONTROL DISTRICT ir..oso�aa ��� - R.nrosasas OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage arra served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions,in accordanoe with the Drainage Fee Ordinance,will be included to the extent that Developer's Master Plan costs for an individual drainage arra exceed the flee of said area. Should the facilities cost for such-individual area total less than the fee of said ave, the difference shall be paid upon demand to the City or District. .._.Tho-pevahog�etr,WMU.a!:nuire a_tweat faox (2o' -yadasto�on.- ,ost , —.. Exhibit ,No. 1 at no expense to dw District. The District will consider condea�tnation ^� proceedings for the easements on behalf ofthe Developer if he cannot negotiate an aoq dsifkw The Developer shall deposit with the District the estimated easement and appraisal costs withthe the Developers author. .,an to proceed with any soquisition. The deposit shall include all acquisition costs,including if determined by the District to be warranted,applicable legal costs. The-District will provide the excavation within Basin"BM"necessary for service for Tract 5096. The Developer shall provide the Distrietadequate notice z+egxidiAgthe timintg ofconshucamof .y the Master Planned facilities. The District intends to backM the existing U=pomy po g basin,shown on Exbibit No. 1, following.constriction of the Master Planned'facilities. T_ v Developer wall be required to provide tine District wi&a ingnass and egress-easaarao# aoc+oss I)mat 5096 to ate movement of backfill material between Basin"BIC-and f6- existing tertgorwyponding basin. 6-existingteanporwypondingbasin, - - - -. Development No. Trad ��oansos� San Joaquin valley Air Pollution Control District September 9, 2002 RECEWED 16DEV2002 Robert Lewis SEP 1 0 2002 Planning Division Development Department �E11Q-�PMENT DEPARTMENT CCiY OF FRESNO 2600 Fresno Street Fresno CA 93721-3604 - Subject: T-5096,-R-02-29 804ot single-family subdivision_SEC Fowler and Heaton Avenues Dear Mr. Lewis: 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 non-attainment for ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic, operation of lawn and garden equipment, and space and water heating if gas-fired appliances are used. Although this project alone would not generate significant air emissions,the increase in emissions from this project;and others like it, cumulatively reduce the air quality in the San Joaquin Valley. The project would 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. These recommendations should be made available to the applicant: Prior to any renovation or demolition activity, an asbestos survey of existing structures on the project site may be required to identity the.presence of anyasbpptos containing building material (ACBM). Any Identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor In accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact.Mr. Dwayne England of this office at-230-5973, or contact CAL-OSHA at 4541295. A synopsis of the District's Asbestos Compliance Assistance Bulletin has been n enclosed for your review. - f The following items are rules that have been-adopted by the District to.reduos-emissions.throughout_the San Joaquin Valley,and are required: 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to Wk,the emissions of-PM10-and--NOx:• A synopsis highlighting many of the requirements of these regulations fins-been enclosed. 2., District Regulation Vill -Fugitive Dust Rules is a series`of tulles designed to reduce PM10 emissions generated by..tiuman. activity, including oonstrllccsiiol>i,mad-building,twlk tnateria(s'stoiage, lantifiil = - operations,etc. - • Rule 8011 General Requirements • Rule 8021 Construction, Demolition, Excavation, extraction and other earthmoving activities. David L. Crow Executive Director/Air Pollution Control Officer -- Northern Region Office Central Region Office Southern Region Office 4230 Kieman Avenue, Suite 130 1990 East Gettysburg Avenue 2700 M Street,Suite 27S Modesto,CA 9S3S6-9322 •Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209) SS7-6400 • FAX(209) S57-647S (SS9) 230.6000 • FAX(SS9) 230.6061 (661) 326-6900• FAX(661) 326-6985 www.valleyairorg • Irk.Lewis August 24 2002 T-5071,R02-19 Pegs 2 • Rule 8031 Bulk Materials • Rule 8041 Carry-out and Track-out • Rule 8071 Unpaved vehicle/equipment traffic areas -A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin If the project encompasses 40 acres or mora or will rtbve more than 2,500cub1c yards per day of material on at least three days.of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rub 4103 regulates and the burning of agricultural material. Agricultural material may not be burned tf the land use is converting from agriculture to nonagricuitural purposes. Current District rules can be found at httD: www.vellevair omftdesI1 ruleslist.htm. There are a number of mitigation measures that should be incorporated into the design of this project to reduce the over level of emissions. (Note: Some of the mitigation measures may already exist as City developmment sWAdurrds. other-measdree,should beImplemerted,tothe-fupest�extent list should not be cmnsldered all-Inclusive. The District encourages Innovation in measures to reduce air quality Impacts. • . As marry energy conserving features as possible should be Included In the desigWbonstrtxtion of UM projects: Eroamplas Include(but are not limited to): , o knweased wall and ceiling Insulation(beyond bukling code requirements) o Energy efficient ti$ft o No of lenq appliances o 8olar-assisted water heatkrg o AwnkVs or other outside shading mechanism for windows o Attic fans o CWOV fins :. o More Knralion can be found at: • • Any gn4kW appliances should be low. nitrogen aodde-(NOx) omitting gas*krd sPPf+Mrwas oomi*ft wOh Ca forma NOx Emission Rule#1121. • ThM should! be eanfutiy selected and located lo :the:buddirg(s):from. slpliintQ . 4rvk`p�o_rr�rt_n MOol_Jo_oJn7tdMons. This measure should_•be.,lrrpYmw ted.on*J:eocpoauns: brodrurie .has.-'^ -'^^��'iWlYl i 1•iitr O Tnosi d*A Ob pMnIW > h f 1h akr$�rl�ect5a�eated`bXthe prgjeGt. Wsat sink a�eaiterd:_by tom[and sfrn C` - - 4sMitduosd at quw R .. In the valley by tmWd 9/ (Sew big Lud or o Pedduous trees should be�coonsi Wed foer-f)h�e',S.., h.and est sides of t oAm ilk SkIloe OW PMVWQ shade Y =•1GRr .i Ti%1i : er► "w7 o � trees should wM agaInd the ooldI LM be ,:tor,tri Nath eogror3treE;becreKrse cuAeltls a uadl c i= • If transit swvloe Is avabble to the project-slice, improvements should be made to encourage tis use. If t+ansit service Is not cum* avallable. but Is plarxred for the area in the future. eppropris0a easements should be reserved to drovide for futwe improvements w-Was burs s, ti Mr. Lewis August 28, 2002 T-5071,R02-19 Page 3 turnouts, loading areas and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Low-emitting, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces, as opposed to traditional open-hearth fireplaces,should be installed. • Natural gas lines (if available to this area) and electrical outlets should be installed in backyard or patio areas to encourage the use of gas and/or electric barbecues. • Electrical outlets should be installed around the exterior of the units to encourage use of electric landscape maintenance equipment. • Housing units should be oriented to maximize passive solar cooling and heating when practicable. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby open space areas, parks, schools, commercial:areas, etc.to encourage walking and bicycling. Pedestrian and bike-odented design reduces motor vehicle usage and their effects on air quality. Pathways through the project can be built or-appropriated in anticipation of future growth. • Low or non-polluting incentives items should be provided with the purchase of each residential unit. Such Items could include electric Lawn mowers or gas or electric barbecues. • Exits onto adjoining streets should be carefully designed to reduce time required to re-enter traffic from the project site. • Neighborhood parks,gardens and food garden areas should be created to encourage residents to travel less for recreation. ,... • For new or expanded residential developments, planning and should be made to accommodate appropriate infrastructure of residential areas Including but not limited to: local grocery stores.gas stations. parks/gardens/recreation areas and transit structures including bus turnouts,seating and shade for public transit and school busses, and pathways for pedestrian and bike use. Planning to encourage this Infrastructure wKI reduce'trips'generated by this and similar projects as well as build a sense of community. . • Crosswalks should be strategically located and dearly marked to facilitate pedestrian:and Walde traffic. Crosswalks that pass through median strips should be designed to be pedestrian-friendly and Include(but not limited to);a shade structure,a sitting area..landscaping.and be designed.so that pedesttans feel safe.iF caught on the median before completely;aossing the goad. .• -- Residential streets should be narrow(24' across)with trees planted along the lengths to shade the.pavement. Tate pedestrian easements should be`irxxeased to create sidewalks with at least 5' wide and separated from the curbs. Sidewalks should be built throughout the project. By creating narrower inviting streets-the project will slow through4raffic:and encourage residents to walk and bike instead of drive. (See httDJ/www.igc.ora/communIty desian/street.htmi District staff, is avalable 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 me at 230-5835. Sin el Chrystal L Meier CEQA Intem Enclosures FRESNO CITY PLANNING COMIVIISSION RESOLUTION NO. 11795 The Fresno City Planning Commission at its regular meeting on December 18, 2002, adopted the following resolution relating to Rezoning Application No. R-02-29. ViIMLEAS,Rezoning Application No. R-02-29 has been Sled with the City of Presno to remove property as described below: Requested Zoning: AE-5/UGM(Residential-Agricultural/Urban Growth Manageonew Area) 112 a qg Zoning. R-1 Residert&Wrban Growth Msoagement. Area) Applicant: Centex Homes { Location: Southeast corner of North Fowler and East Heaton Aven w AFN: 313-040-30 and 31 Legal Description: Paroel 1: The South one half of the Northwest quarter of the Southwest quarter of Send n 10, Township 14 South,Range 21 East,Mount Diablo Base and Mra Wian, in do,County og%mno, State of California,according to the Official Plat thereof PUMP .RF.FROM the South 160 feet thereof Parog 2:The South 160 feet of the South half of the Northwest WarW of 1110 SwAh* . quarter of Section 10,Township 14 South,Range 21 East,Mount Diablo Base and1gumbig the County of Fresno, State of California,according to the Official Plat thweg WHEREAS,the Fresno City Planning Commission on December 13, 20026 conducted a piddle hearing to confider this application;and, WfDMAS,the Fresno City Planning Commission received a staff report reoc�mnsendigg approval of the remonipg application;and, WHEREAS, the Fresno City Planning Commission invited testimony rig fie ra®oulog application;and, WIMEAS,two persons spoke in opposition to the rezoning application;and, Planning Commission Resolution No. 11795 Rezoning Application No. R-02-39 Page 2 December 18, 2002 WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezoning Application No. R-02-29 may have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission considered the Environmental Assessment No. T-5096, R-02-29, and recommends to the City Council that R-1/UGM zoning be approved for the subject property. The foregoing Resolution vas adopted by the Fresno City Planning Commission upon a motion by by Commissioner Kissler, seconded by Commissioner Brand. VOTING: Ayes- Kissler,Brand,Brown,Harrington, Vang, DiBuduo Noes- None Not Voting- None Absent • None P. OVINO, Secretary F City Planning Commission DATED: December 18, 2002 Resolution No. 11795 Application No. R-02-29 Filed by Centex Homes Action: Recommended Approval ter. ins • FRESNO CITY PLANNING CONSUSSION RESOLUTION NO. 11796 The Fresno City Planning Commission at its regular meeting on December 18, 2002, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, 4 Tentative Map of Tract No. 5096/UGM was filed with the City of Fresno and proposes a 76-lot single family residential subdivision, on approximately 19.3 acres of land located on the southeast corner of South Fowler and East Heaton Avenues; and, WHEREAS,the Planning Commission conducted a public hearing to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS,the Development Department staff recommended approval ofthe proposed project subject to all conditions of approval contained in the staff report dated December 18, 2002,and the amendments presented at the hearing;and, WHEREAS,two persons spoke in opposition to the project. NOW,TMMMORE,13E IT RESOLVED that the Planning Commission finds that these is no substantial evidence in the record that the proposed.tract map may have a sigaificaurt effnat on the . envirorunent and considered the Mitigated Negative Declaration for Environmental Assimpu t , No. T-5096,R-02-29,issued on September 25, 2002. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that appoovel.of Tentative Tract Map No. 5096 is consistent with the adopted General Plan, any applicahle spW& plan, and the findings required pursuant to Section 66410 et. seq. ofthe Gtovern mart Coda. BE IT FURTM RESOLVED that the Fresno City Planning Commission heroby, apprvm Tentative Tract No. 5096/CJGM subject to the Development Departure t Con4low of Approval dated Decwgw 18,2002, and the following amendments: 1. Preparation of the final map in aceordanoe with Tentative Tract Map No. 5096 entitled"Exhibit A," dated December 18,2002. 3. The residential lots along the north boundary ofthe tract($tinting on Bast Heaton Avenue) shall have minim m lot widths of 104 feat and minimum lot depd a of 118 heat, except lot 12 whkh may be 105 feet deep,to provide for lot areas of approximately 12,272 square feet. 9a. INe building floor pians and elevations shall be reviewed by the Roosevelt Community Plan Implementation Committee. 10. Provide a 20 to 15-foot landscaped easement(as shown on Exhibit A)(and PLANNING COMMISSION RESOLUTION NO. 11796 Tentative Tract No. 5096/UGM Page 2 December 18, 2002 irrigation system) along the rear and side property lines of all lots which back-onto or side-onto South Fowler or East Hamilton Avenues. Ref. Section 12-1011-f-3, Fresno Municipal Code. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location 11. Maintenance of the required 20 to 15-foot landscape easement located along South Fowler and East Hamilton Avenues, may be the responsibility of the City's Community Facilities District No, 2. Contact the Public Works Department, Engineering Services Division Staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's District prior to final map approval. 18. Building setback lines shall be in accordance with the R 1/UGM zone district. Provide a 25-foot front yard building setback along East Heaton Avenue for proposed lots 1 through 12. 39. East Heaton Avenue—within the limits of the tract, shall be dedicated and improved to a 55-foot local street standard width(25-feet within the limits of the tract)and required corner cutoffs for handicap ramps, in accordance with Public Works standard and improved with standard curb, gutter, sidewalk, under ground street lighting, and 20 feet of permanent street pavement. The sidewalk pattern shall be constructed to at 7-foot modified residential pattern. Provide a 8400t_ pedestrian and landscape easement along the entire East Heaton Avenue frontage. The developer shall construct an underground street lighting system per Public Works Standard E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Handicap access ramps are required at all comers within the limits of the tract. 56. The developer shall assist and aid the City to identify and obtain a parcel for construction of a new City water well. The parcel shall be 12,000 square feet in area and approximately 100 feet wide and 120 feet deep. The site shall be located in the vicinity of the subdivision,not necessarily inside the tract. Proximity to an existing or planned water main is required. If the developer is unable'to secure said well site for the City,this condition shall be null and void. PLANNING COMMISSION RESOLUTION NO. 11796 Tentative Tract No. 50961UGM Page 3 December 18, 2002 The foregoing Resolution was adopted by the Fresco City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Brand. VOTING: Ayes- Kissler,Brad,Brown,Harrington, Vu&DiBu&o Noes- None Not Voting- None Absent- None #Fo YOVINO, Secretary ty Planning Commission DATED: Dateatbor 18, 2002 . Resolution No. 11796 Tentative Thu t No. 5.096 Filed by: Centex Lomas Action: Approved with Conditions r&J:Vc1fiWdcwxw ab*M11796 ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO,HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, Centex Homes applied for Rezoning Application No. R-02-29 to change an approximately 19.5 acre parcel from the AE-5/UGM(Agricultural Exclusive-Five Acre Minimum/Urban Growth Management Area)zone district to the R-1/UGM(Single-Family Residential/Urban Growth Management Area)zone district;and, WHEREAS the Director of the Development Department of the City of Fresno found the proposed rezoning in conformance with adopted plans and policies of the City, because the requested R-1 zone district is consistent with the medium-low density residential land use designation of the Fresno General Plan, the Roosevelt Community Plan, and recommended to the Council of the City of Fresno an amendment to the Zoning Ordinance which changes the real property described in hereinbelow, from one zone to another: Parcel 1: The South one half of the Northwest quarter of the Southwest quarter of Section 10, Township 14 South, Range 21 East,Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the South 160 feet thereof. Parcel 2: The South 160 feet of the South half of the Northwest quarter of the Southwest quarter of Section 10, Township 14 South,Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof Ordinance No. Rezoning Application No. R-02-29 Page 2 (APN:3134)40-30&31) 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 186 day of December, 2002, to consider Rezone Application No. R-02-29 and the Mitigated Negative Declaration for Environmental Assessment No. T-5096,R-02-29;and, WHEREAS,the Fresno City Planning Commission recommended to the Count*of the City of Fresno approval of the subject Mitigated Negative Declaration and Rezone Application amending the Zoning Ordinance on real property described hereinabove;and, WHEREAS,the Council of the City of Fresno,on the 286 day of January,2003, received the recommendation of the Planning Commission;and, WHEREAS,the Council of the City of Fresno, on the 28th day of January,2003,received testimony, the recommendation of the Planning Commission and concurs. NOW,THEMORE,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 on provided,the C mcil based upon its own independent judgment there is no substantial evidence in the record that the rezoning may have a significant effect on the environment, and the environaetrtai assessment prepared for this project was considered and the negative declaration is adopted. SECTION 2. The Council fiuther finds that the adoption of the proposed rezoning is in the best interests of the City of Fresno and is consistent with adopted plans and policies of the City. .. 4 Ordinance No. Rezoning Application No. R-02-29 Page 3 SECTION 3. The zone district of the real property described in hereinabove, 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 to the R-1/UGM zone district. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon recordation of a final map or maps of Tentative Tract Map No. 5096 for any portion of the property encompassed by said tentative tract map for which a final is recorded. s. Ordinance No. Rezoning Application:No. R-02-29 , Page 4 C. CLEWS CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I,REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of . 2003,by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk APPROVED AS TO FORM: By HILDA CANT1'J MONTOY Deputy City Attorney By Deput3► Application No. R-02-29 Filed by- Cambridge Homes Assessor's Parcel No. 313-040-30&31