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HomeMy WebLinkAboutT-5098 - Conditions of Approval - 7/25/2006 CRY of J `"' REFORT THE COUN AGENDA ITEM NO. "g COUNCIL MEETING December 17, 2002 APPROVED BY FROM: NICK P. YOVINO, Director DEPARTMENTDIRECTOR , Planning and Development Department CITYMANAGER BY: RAYBURN BEACIlanning Manager Planning Division SUBJECT: CONSIDERATION OF REZONING APPLICATION NO. R-02-35 (TT-5098) EXECUTIVE SUMMARY Rezoning Application No. R-02-35, filed by Cambridge Homes, proposes to rezone the 29.3 acres located on the southeast comer of North Cornelia and West Bullard Avenues to the Singie-Famiiy Residential/Urban Growth Management zone district to permit development of 120 single-family residential lots. The project is consistent with the Bullard Community Plan. The Bullard Community Plan Citizen Advisory Committee is recommending approval of the project. The Fresno City Planning Commission also recommended approval of the rezoning and also approved related Vesting Tentative Tract No. 5098. Staff supports the request as filed. This application brings the property's zoning into conformance with the newly adopted 2025 Fresno General Plan. PROJECT INFORMATION PROJECT: Rezoning from the R-A/UGM (Single-Family Residential- Agricultural/Urban Growth Management Area) to the R-1/BA/UGM (Single-Family Residentia/Boulevard Area/Urban Growth Management Area) zone district APPLICANT: Cambridge Homes LOCATION: South t comer of North Cornelia and West Bullard Avenues (Council District 2, Councilmember Calhoun) SITE SIZE: 29.3 acres LAND USE: Existing-Vacant Proposed-Single-Family Residential PLAN DESIGNATION The Bullard Community Plan designates this site for Medium AND CONSISTENCY: Density Residential (R-1, M-H, R-1-C/PD, R-1/PD) land uses. The proposed R-1 zoning is consistent with the land use designation. ENVIRONMENTAL FINDING: Findings of a Mitigated Negative Declaration for Environmental Assessment No. T-5098, R-02-35 issued on October 30, 2002. PLAN COMMITTEE The Bullard Community Plan Citizen Advisory Committee RECOMMENDATION: recommended approval of the project. • 1 REPORT TO THE CITY COUNCIL s Rezoning Application No. R-02-35 December 17, 2002 Page 2 PLANNING COMMISSION On November 20, 2002, the Commission voted 6-0 to RECOMMENDATION: recommend approval of Rezoning Application No. R-02-35. The Commission by the same vote approved Vesting Tentative Tract No. 5098. 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 Medium Density Residential R-1BA/UGM Single-Family Residences Single-Family Residential/Boulevard Area/Urban Growth Management Area South Open Space/Ponding Basin R-A/UGM Ponding Basin Single-Family Residential- Agricultural/Urban Growth Management Area East Medium Density Residential R-1/UGM Single-Family Residential Single-Family Residential/Urban Growth Management Area West Medium Density Residential R-1BA/UGM Single-Family Residences Single-Family Residential/Boulevard Area/Urban Growth Management Area BACKGROUND/ANALYSIS Rezoning Application No. R-02-35 proposes to rezone the 29.3 acre subdivision site from the R-A/UGM to the R-1/BA/UGM zone district to permit the development of the 120 single-family residential lots. The R-1 district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of the lots in the subdivision equal or exceed this minimum lot area requirement. The proposed density yield of this single-family subdivision (4.5 units per acre) is within the expected density yield for a R-1 zoned project. Although the applicant is proposing to develop the site at 4.5 units per acre rather than the required 4.99-10.37 units per acre, Section 12-403-b(1) of the Fresno Municipal Code (FMC) states that the density shall not be less than the minimum density of the next lowest land use f REPORT TO THE CITY COUNCIL Rezoning Application No. R-02-35 December 17, 2002 Page 3 designation. The R-1 zone district is consistent with the Bullard Community Plan land use designation and permits use of the site for single-family residential homes. Vesting Tentative Tract No.5098 is proposed to be developed with interior local streets having a right-of-way width of 50 and 54 feet as permitted under Alternate Public Works Standards. Installation of sidewalks will be required on both sides of the public streets throughout this tentative map. The Bullard Community Plan Citizen Advisory Committee and the Planning Commission both recommend approval of the project. Based upon the information contained in the staff report, the proposed rezoning of the subdivision to the R-1/BA/UGM zone district is considered consistent and compatible with the existing and planned land uses 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-5098, R-02-35, dated August 20, 2002. 2. APPROVE Rezoning Application No. R-0335 to rezone the subject property from the R-A/UGM to the R-1/BA/UGM zone district to become effective for any portion of the site for which a final map of Vesting Tentative Tract No. 5098 is recorded. rdUK\Common\CC\R-01-35-RCC.wpd Attachments: Exhibits "A"Vicinity/Subdivision Map Conditions of Approval for Tentative Tract No. 5098 Mitigated Negative Declaration of Environmental Assessment No. T-5098, R-02-35 Parks Division Memorandum dated October 23, 2002 FMFCD Memorandum dated October 24, 2002 San Joaquin Valley Air Pollution Control District Letter dated October 9, 2002 Planning Commission Resolutions (Rezoning and Tentative Map) Ordinance Bill (Rezoning) J w7� ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BYUxi3n SECONDED BY QAhon BILL NO. B-73 ORDINANCE NO. 2002-72 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, Cambridge Homes applied for Rezoning Application No. R-02-35 to change an approximately 29.3 acre parcel from the R-A/UGM(Residential-Agricultural/Urban Growth Management Area) zone district to the R-1/BA/UGM (Single-Family Residential/Boulevard Area/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 density residential land use designation of the Fresno General Plan, the Bullard 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: Lots 961 to 966 both inclusive and the West 200 feet of Lot 967 of Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 8, Pages 25 and 26 of Plats, Fresno County Records. (APN: 509-020-07) 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 20''day of Idord J-4 1-7/c,-.) �.X !7 1 6' 1 = Ordinance No. 2002-72, Bill No. B-73 Rezoning Application No. R-02-3 5 Page 2 November, 2002, to consider Rezone Application No. R-02-35 and the Mitigated Negative Declaration for Environmental Assessment No. T-5098, R-02-35; and, WHEREAS, the Fresno City Planning Commission recommended to the Council 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 17`h day of December, 2002, received the recommendation of the Planning Commission; and, WHEREAS, the Council of the City of Fresno, on the 17th day of December, 2002, received testimony, the recommendation of the Planning Commission and concurs. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the Council finds 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 environmental assessment prepared for this project was considered and the negative declaration is adopted. SECTION 2. The Council further finds that the adoption of the proposed rezoning is in the best interests of the City of Fresno and, subject to Section 12-304-B of the Fresno Municipal Code, is consistent with adopted plans and policies of the City. 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 R-A/UGM to the R-1BA/UGM zone district. • Ordinance No. 2002-72, Bill No. B-73 f Rezoning Application No. R-02-35 Page 3 SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5098 for any portion of the property encompassed by said tentative tract map for which a final is recorded. Ordinance No. 2002-72, Bill No. B-73 t Rezoning Application No. R-02-35 Page 4 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 17th day of December . 2002, by the following vote: Ayes: Calhoun, Duncan, Quintero, Ronquillo, Perea Noes: Boyajian Absent: Castillo Abstain: None REBECCA E. KLISCH City Clerk APPROVED AS TO FORM: W'CC4' By �� HII.DJC LT-M i Bgmy CityB Dep ty Application No. R-02-3 5 Filed by: Cambridge Homes Assessor's Parcel No. 509-020-07 rclU.\rclfJa\documents\CCOR-02-35 's ' mN3w A. owe _ W i Q W3a€ -5, w" o�owm. 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' 'o '31 tro SI st as tH $51, � 1 Z ate. is .0 3131 ,. $i• 50 W.CELESTE _ PROJECT - -W.CELESTE i�� no m �All� II SITE ^lw Ist to IN 11351136 Zr ccW. OSWEGO IOSERTS AVE. iso In as ai In tri is t� is L to w H', � as as 007 to 3131» _a i W. ROBERTS 314 3131 st�l ; - -- —• ��,.r - x • Otos tot rot too sn»J set 39 K 31, >s 55 I "l ! R- -UGM sse spa sp4 spa spr r` is art ` VF A s t ' NL H' . • R-A-UGI ELOPMENT VICINITY MAP DEV PLANNING DIVISION DEPARTMENT APN: 509-020-07 VESTING TENTATIVE TRACT NO. 5098/UGM REZONING APPLICATION NO. R-02-35 zoNE MAP: isa5 (R-A/UGM to R-l/UGM) NORTH BY/DATE RL/„/7/2002 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11778 The Fresno City Planning Commission at its regular meeting on November 20, 2002, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5098/UGM was filed with the City of Fresno and proposes a 120-lot single family residential subdivision, on approximately 29.3 acres of land located on the southeast corner of North Cornelia and West Bullard Avenues; and, WHEREAS, the Planning Commission conducted a public hearing to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS, the Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated November 20, 2002, and the amendments presented at the hearing; and, WHEREAS, no person spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds that there is no substantial evidence in the record that the proposed tract map may have a significant effect on the environment and considered the Mitigated Negative Declaration for Environmental Assessment No. T-5098, R-02-35, issued on October 30, 2002. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5098 is consistent with the adopted General Plan, any applicable specific plan, and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract No. 5098/UGM subject to the Development Department Conditions of Approval dated November 20, 2002. PLANNING COMMISSION RESOLUTION NO. 11778 ' Vesting Tentative Tract No. 5098/UGM Page 2 November 20, 2002 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brand, seconded by Commissioner Harrington. VOTING: Ayes - Brand, Harrington, Brown, Kissler, Vang, DiBuduo Noes - None Not Voting - None Absent - None f toCiYtyy OVINO, Secretary Planning Commission DATED: November 20, 2002 Resolution No. 11778 Vesting Tentative Tract No. 5098 Filed by: Cambridge Homes Action: Approved with Conditions rc1\JArc1fi1es\documents\PCR 11778 REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-I COUNCIL MEETING 11/20/02 • APPROVED BY November 20, 2002 FROM: STAFI ning Division DEPARTMENT DIRECTOR Planni nd Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5098 AND REZONE APPLICATION NO. R-02-35 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5098 is a request to subdivide approximately 29.3 acres. The subdivision _.will consist of 120 singlefamily residential lots: Rezone No_ R-02:35 proposes.to-change the zone.__. ._ designation of the subdivision site from the R-A/UGM zone district to the R-1/UGM zone district. The project also requests the vacation of West Browning Avenue between North Milbum and North Cornelia Avenues. Both applications, consistent with adopted plans, are supported by staff. PROJECT INFORMATION PROJECT: A 120-lot single-family residential subdivision on approximately 29.3 gross acres of property to be developed at an overall density of 4.4 units per acre APPLICANT: Cambridge Homes (Engineer: Harbour and Associates) LOCATION: Southeast comer of West Bullard and North Cornelia Avenues (Council District 2, Councilmember Calhoun) SITE SIZE: 29.3 gross acres LAND USE: Existing -Vacant Proposed -Single Family Residential PLAN DESIGNATION Bullard Community Plan AND CONSISTENCY: Medium Density Residential ENVIRONMENTAL FINDING: Findings of a Mitigated Negative Declaration issued on October 30, 2002. PLAN COMMITTEE Bullard Community Plan Citizen Advisory Committee RECOMMENDATION: recommended project approval. STAFF RECOMMENDATION: Project approval subject to compliance with the conditions listed below. ' r REPQRT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5098 Rezone No. R-02-35 November 20, 2002 Page 2 BORDERING PROPERTY INFORMATION Planned land Use Existing Zoning North Medium Density Residential R-1/13A/UGM South Medium Density Residential R-1/UGM East Open Space/Ponding Basin R-A/UGM West Medium Density Residential R-1/13A/UGM BACKGROUND/ANALYSIS Tentative Tract Map No. T-5098 proposes a single-family residential subdivision consisting of 120 single- family residential lots. The site, 29.3 acres in area, is zoned R-A/UGM, Residential Agricultural/Urban Growth Management. The applicant has also filed Rezone No. R-02-35 which proposes to change the zone designation from R-A/UGM to R-1/UGM, Single-Family Residential/Urban Growth Management. The site is located within the Bullard Community Plan, a refinement of the 1984 Fresno General Plan, which specifies a land use designation of Medium Density Residential for the subject property. According to the Bullard Community Plan, the Medium Density designation allows 4.99-10.37 residential units per acre. The proposed subdivision would yield 4.4 units per acre. Although the applicant is proposing to develop the site at 4.5 units per acre rather than the required 4.99-10.37 units per acre, Fresno Municipal Code Section 12-403-b(1) states that the density shall not be less than the minimum density of the next lowest land use designation. The R-1 zone district is consistent with the Bullard Community Plan land use designation which permits use of the site for single-family residential homes. Major Streets According to the Bullard Community Plan Circulation Map, West Bullard Avenue is classifed as a collector street with a capacity 28,000 vehicle trips per day. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to cant'the quantity and kind of traffic generated subject to recommended modifications, which includes the Installation of concrete curb and gutter, and permanent paving for the streets adjacent to the site. The applicant will also be required to relinquish access rights to North Cornelia Avenue and West Bullard Avenue from lots 50 through 66. PG&E Powerl/nes The proposed subdivision abuts Pacific Gas and Electric Company high voltage transmission power lines which traverses the project site in a northwest and southeast direction. Recently, some private and public agencies have expressed concerned regarding the possible adverse health effects on humans which may result from the electromagnetic fields generated by the flow of electricity through the high voltage transmission lines. REPORT TO THE PLANNING COMMISSION • Vesting Tentative Tract Map No. T-5098 Rezone No. R-02-35 November 20, 2002 Page 4 TRACT MAP FINDINGS The Subdivision Map Act(California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development(Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements is consistent with the City's General Plan and any applicable specific plan, because the Bullard Community Plan designates the site for Medium Density Residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. IVM � ••_— � N °0 °I at as 34 °° I in Z on inso ST 00 GO 64 •° us u °t « °o °° dd a 1 - • W CA, IhMNA AVE. ■ - e µ � n 79 Z .� els Bu.IL,ARD ice' •�' W ° � � .1 > ° ° or ' I a y A A Lv J ; • I° ' IORRIS _ AVE.so I of I ft 153 64 as 1 1 � Itf 11 40 n n °, "M W.CELESTE W.CPROJECT - - - ' ELESTE II r SITE ' Z W. OSWEGO Marl" _ ERTS AVE. 110 ina' �` :< n is H so H ila as as as ro° " _4 W. ROBERTS 34 a �r - la loo "in arswy _ _ �• 360, i S41 Ur \� R- -UGM r ark ass ars art art i I as I r t° as 11 711.50 VF I t R-A-UGI ELOPENT DEP VICINITY MAP DEVPLANNING G DIVISION RTMENT APN: 504-020-07 VESTING TENTATIVE TRACT NO. 5098/UGM ZONE MAP 1845 REZONING APPLICATION NO. R-02-35 (R-AJUGM to R-1/UGM) NORTH BY/DAFE RL/ 11/7/202 >z n Qy t s� �c �a� h $ B Z O yj �.G x��e �@= g� a v' w g • O02. N Oy h 7 r o�FE4� §e g W 7 cn P �1 � U it W me 1 o d § !< e � s fly " 2: T O Z Q � p0 g si • �� Yg 7 N 8[�8 O Oq0 Oyg O O O O. I ✓C !.Q. I tao ", 17tsi^ eegaa i"' E i �t EC M RYy N w +ra U O Fp ��i i• � 5 �EtdR'�E a8 c zz8 ,Qi< NRRR .. �."' E& _ O u u a Z ~ Z to LLI W �-5Y �&-a a►' � a Yr. cP . h °� cr n 1 1 I� it II �j I:Y m 'n• O � I I I � � � ` � � p'. V li 1 O R# ,�OD1— FZ 111 1 I� ♦ _ � Ato co Mt31 m al 77 All a ri _A—_ '_^ —i3rVGAV ( �. ti=� '1 �} �• � '� ,t n � C6 of Y�� o h ' I� �:o��_ i i as �a a h h n w : t � `I k+vr9a w 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 (559) 621-8744 T-5098,13-02-35 APPLICANT: Assessor's Parcel Cambridge Homes Number: 466 West Fallbrook Avenue, Suite 110 509-020-07 Fresno, California 93711 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Filed with: Tract No. 5098/UGM and Rezoning Application No. 02-35, a 120-lot REBECCA E. KLISCH, City Clerk single-family residential subdivision on 29.3 acres to be rezoned from 2nd Floor - City Hall the R-A/UGM to the R-1/UGM zone district and the vacation of a 2600 Fresno Street portion of the north half of West Browning Avenue between North Fresno, California 93721-3603 Milburn and North Cornelia Avenues located on the southeast corner of North Cornelia and West Bullard Avenues. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application, the checklist, and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist,including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the envir ment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: SUB Y: Robert Lewis, Supervising Planner DATE: October 30, 2002 RAYBURN BEA Plannin Ma MND Explanation of Ratings 11011 1011 Insufficient Information Insufficient information is available to determine the potential environmental effects which may result from the proposed project in this category. No Significant Environmental Effect The proposed project will not have an adverse environmental effect in this category, or any such effect is not substantially,unusual-or of-undesirable magnitude. This rating is also utilizcd-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. 11311 n 3 Significant Adverse Environmental Effect Th environmental effect identified in this category substantiates in itself or contributed toward a finding that The g ry 9 the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No. R-02-35 Page 2 The Public Works Department advises that the vacation feasibility study for West Browning Avenue has been completed and a finding indicating that the vacation proposal is feasible with no conditions. SURROUNDING LAND USES Planned Land Use Existing Zoning Existing Use North Medium Density R-1BA/UGM Single Family Residences Residential South Medium Density R-1/UGM Ponding Basin Residential East Open Space/Ponding R-AM Single Family Residential Basin West Medium Density R-1BA/UGM Single Family Residences Residential 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 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, etc.). Grade differentials at property lines must be limited to one foot or less or a cross-drainage covenant must be executed with affected adjoining property owners. The site is not located within a flood prone area, thus no negative impacts are anticipated. Mitigation Measures: No mitigation measures are necessary. 2.0--AIR QUALITY The project site is located within Fresno County, which is part of the eight-county San Joaquin Valley Air Basin for which the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)has been created. This regional governmental agency is responsible for the Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No. R-02-35 Page 4 6. Continue to refer environmental documents for projects as potential sources of air pollution to the Fresno County Air Pollution Control District. Resolution No. 88-451 also adopted a statement of overriding consideration with respect to air quality in the region. The air quality effects are mitigated to the extent feasible through the above mitigation measures but are not mitigated to a less than significant level of impact. However, based upon the findings made by Resolution No. 88-451, findings to support the adoption of the Bullard Community Plan were made, not withstanding the significant unavoidable effects upon air quality. Those findings were adopted pursuant to Section 15093 of the California Environmental Quality Act (CEQA) for the granting of a statement of overriding consideration with respect to air quality and are identified as follows: 1. The population of the Bullard Community is expected to increase from 65,700 in 1988 to 98,000 in 2005; 2. The Fresno Metropolitan Area is expected to increase in population from 424,000 in 1988 to 588,000 in 2005; 3. The 1984 Fresno General Plan adopted a balanced growth scenario in which anticipated growth was directed to several potential growth areas rather than concentrating it in one area; and 4. Restricting growth in the Bullard Community would cause a disproportionate amount of growth pressure to occur in the northeast(Woodward Park) and southeast (Roosevelt)growth areas. These areas have greater environmental problems than the Bullard Community in terms of having greater amounts of prime agricultural land, pesticides in the groundwater, low groundwater yields(northeast), and greater potential circulation and urban service problems. The northwest portion of the community is considered to be environmentally the preferred alternative for accommodating urban growth in the megopolitan area. Under Section- 15831 of CEQA, for projects that are consistent with the allowed densities specified for the planned land use designation adopted by the Community Plan, a public agency may limit it=s examination of environmental effects to those which the agency determines are peculiar to the project or parcel on which the project would be located. The proposed project is consistent with the planned land use designation identified in the Bullard Community Plan. The cumulative impacts on air quality have been identified and mitigated to the extent feasible in the Bullard Community Plan EIR No. 10096 (SCH No. 87030914). The proposed projects air quality impact in and of itself is not significant. Therefore, no adverse air quality impacts are expected to occur as a result of the proposed project. 2.4 - Generation of Construction Dust Construction of the proposed project would contribute to short-term impacts on air quality in the Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No.R-02-35 Page 6 adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, as well as high consumptive use of water on a per capita basis (267 gallons per day per capita), have resulted in a decline in the total usable potable water supply. Because of the extent of pumping in the metropolitan area, groundwater flows are generally toward the developed portions of the city. Groundwater quality from wells located in the project area are adequate. The City of Fresno is 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 project 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. Mitigation Measures: No mitigation measures are necessary. 4.0--FLORA 4.2 -Reduction in acreage of agricultural crop The subject site is not utilized for agricultural purposes and has been planned for urban development by adopted plans and policies. The Final Environmental Impact Reports No. 10085 and No. 10096 prepared for the 1984 Fresno General Plan and Bullard Community Plan update, discuss the loss of agricultural lands in a thorough manner. These EIR's conclude that agricultural lands in the Bullard Community Plan area as a whole are considered to be less valuable for continued long-term agricultural use than several areas on the metropolitan fringe which are being converted to rural residential uses. Mitigation Measures: No mitigation measures are necessary. Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No. R-02-35 Page 8 avoidance" strategy which limits exposure when it can be done at a reasonable cost and with reasonable effort would seem appropriate. The Development Department has advised the developer of this project of the department's concern and has recommended that they voluntarily design their project to avoid or limit the exposure to the power lines until specific biological evidence is available to determine if there is a hazard. The proposed project provides safe ingress and egress for both vehicular and pedestrian traffic 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. Mitigation Measures: No mitigation measures are necessary. 7.0—NOISE 7.2—Noise Exposure A portion of the subdivision will abut West Bullard Avenue, a designated Arterial street. The vehicular traffic which will ultimately utilize this 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 this street 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 this street 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 West Bullard Avenue and construct 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. Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No.R-02-35 Page 10 11.5 - Availability of water mains of adequate size The City of Fresno's water supply system is comprised of a dispersed field of production wells, transmission mains, and a series of recharge basins. In order to maintain a safe and sufficient supply of water to serve the metropolitan area and to protect the aquifer, the city, in cooperation with other interested agencies and individuals developed a Water Resources Management Plan. The Management Plan identified the need to construct new transmission lines to better transport water from one region to another, to install wellhead treatment units on certain wells, and to improve the balance between water consumption and water recharge. The Water Division of the Public Works Department has indicated that the development will not have an adverse impact on the city water system. The City of Fresno Water System would be available to serve this project. The applicant will be required to extend both sewer and water main lines to the proposed development. 11.7 - Availability of Storm Water Drainage Facilities(On- or Off-Sitel The Fresno Metropolitan Flood Control District(FMFCD) is responsible for storm water management within the Fresno-Clovis metropolitan area. Within the metropolitan area, storm runoff produced by land development is to be controlled through a system of pipelines and storm drainage retention basis. The proposed project would produce storm runoff at a level greater than the existing development. FMFCD has developed and adopted a Storm Drainage and Flood Control Master Plan. Each property contributes its pro rata share to the cost of the public drainage system. Prior to final map approval, the FMFCD will be Iequired to review the final grading and street plans to determine if the existing storm drain system is adequate to service the site. If the project produces more runoff than the existing system was designed for the developer will be required to mitigate the impact of the additional runoff. 11.9 -Unusually high solid waste generation Solid waste services are provided by the City of Fresno. Solid waste is transported to the American Avenue Landfill, which is the designated regional landfill for the Fresno Metropolitan Area. The remaining capacity of the landfill is sufficient to last 30 to 40 years. As required by State Assembly Bill 939 (AB 939)the city, in concert with the County of Fresno and the incorporated cities in the county, have developed a draft Integrated Waste Management Plan. The City of Fresno has also implemented source reduction measures and is in compliance with the required 25 percent reduction goal set by AB 939. Implementation of these source reduction measures effectively extend the life of the American Avenue Landfill. The Solid Waste Division will require that every home have adequate bins for trash collection, recycling, and green waste. Initial Study Vesting Tentative Tract Map No. 5098& Rezone Application No.R-02-35 Page 12 Determination On the basis of this initial evaluation,it is determined that the proposed project is consistent with all applicable City plans and policies and conforms to all applicable zoning standards and requirements. It is further determined that the proposed project will not have a significant effect on the environment. This is because the required conditions of project approval for the subject special permit are conditions upon which a negative declaration can be recommended. A . MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. City of Fresno - Mitigated Negative Declaration Monitoring Checklist EA No. T-5098 and Rezone Application No. R-02-35 MITIGATION MEASURE IMPLEMENTED WHEN VERIFIED BY BY IMPLEMENTED tx. 2.4 Approval 'of the Contractor, Public During Contractor, Public subdivision shall be Works, construction Works, Construction conditioned upon Construction Management Division r compliance with the .-Management' SJVUAPCD Division Regulation VIII,Rule 8020 T 7.2 Approval of Development Prior to Development subdivision shall be Department, occupancy of any Department, Building conditioned upon Engineering dwelling Section providing the 6-foot Services Division solid masonry wall at the rear of a 15-foot landscape strip Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 2 November 20, 2002 �✓ 4. Relinquish access rights to North Cornelia and West Bullard Avenues from all F_ residential lots which back-onto these streets. Ref. Section 12-1011-f--3, Fresno Municipal Code. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; and Resolution No. 68-187, "City Policy with Respect to Subdivisions"; Resolution No. 70-36, "Standard Specifications 1970," as amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984," as amended. ✓,� 6. The subdivider shall pay applicable fees for, but not limited to, street trees, L D street signs, water fees, sewer fees, and inspection fees in accordance with Resolution No. 79-606 and Resolution No. 80-420 (Master Fee Schedule), or any amendments, modifications or additions thereof and in accordance with the requirements of State law as related to vesting tentative tract maps. �✓ 7. The subdivider shall furnish to the City a subdivision guarantee of a title p company listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 8. Provide a 15-foot landscaped easement (and irrigation system) along the rear L p E property lines of all lots which back-onto West Bullard Avenue and a 10-foot landscaped easement ( and irrigation system) along the rear property lines of all 1!211 which back-onto North Cornelia Avenue. Ref. Section 12-1011-f-3, Fresno ffunicipal 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. ✓✓ 9. Maintenance of the required 10- and 15-foot landscape easements located along �D North Cornelia and West Bullard 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 Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 4 November 20, 2002 a covenant agreement running with the land to insure maintenance of the two trees to be provided in the front yard area of each home by the homeowner. Building Setbacks 16. Building setback lines shall be in accordance with the R-1/UGM zone district. / Information 17. Vesting Tentative Tract No. 5098 is subject to Council approval of related L b Rezoning Application No. R-02-35. Rezoning of the site from the R-A/UGM Zone District to the R-1/UGM for all of the property encompassed by Vesting Tentative Tract No. 5098. This tract map is also subject to Council approval of the vacation of the West Browning right-of-way between North Cornelia and North Milburn Avenues. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. V If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone. 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone. 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist, and if the paleontologist determines the material to be significant, it shall be preserved. 19. Pay school construction fees to the Central Unified School District in accordance rp with the adopted schedule of fees, prior to the issuance of building permits for the subdivision. Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 6 November 20, 2002 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 ✓ 24. Comply with the Parks Division requirements in there memo date October 23, L 2002. Urban Growth Management Requirements ✓ 25. The subdivider shall be required to pay the appropriate UGM Park Capital Fee EDF at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3, Fresno Municipal Code. FIRE SERVICE Urban Growth Management Requirements 26. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of L--D6 final map approval. If appropriate, fee payment may be deferred until the time of building permit issuance in accordance with the requirements of Section 12-4.508-D-3, Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 27. The subdivider shall make provisions for the physically handicapped in PLI-) accordance with the Department of Public Works standards and as required by State law. 28. 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 Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 8 November 20, 2002 be maintained to satisfy the American Disabilities Act requirements. Design the proposed median at the intersection of West Corona Avenue and West Celeste Avenue to include 50-foot tangent curves at the south and north ends. West Roberts and West Corona Avenue shall be design with minimum centerline radii of 2_30-feet; therefore, said streets will need to be redesigned. Relocate the curve of the knuckle/bulb at the intersection of West Morris and West Corona Avenues southeasterly in order to reduce the knuckle/bulb. 35. West Bullard Avenue--within the limits of the tract, shall be improved to a W 106-foot arterial street standard width per the Bullard/Figarden Loop Official Plan Line adopted by Council Ordinance No. 86-135, dated August 12, 1986, 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 arterial streets. Handicap access ramps are required at all corners within the limits of the tract. 36. North Cornelia Avenue--within the limits of the tract, shall be dedicated and PW improved to a 60-foot local street standard width and improved with standard curb, gutter, sidewalk, underground street lighting, and 20 feet of permanent street pavement. The sidewalk pattern shall be constructed to a 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. 37. North Milburn Avenue--within the limits of the tract, shall be dedicated and Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 10 November 20, 2002 Urban Growth Management Requirements 41. The tract is located in the service area of the Cornelia Trunk Sewer, therefore, the developer shall pay the appropriate trunk sewer charge in effect at the time that building permits are issued. WATER SERVICE An 8-inch water main is existing in North Cornelia Avenue, a 14-inch water main is existing in West Bullard Avenue and an 8-inch water main is existing in North Milburn Avenue adjacent to the tract to serve the proposed subdivision. No public water main extensions are required. The following conditions are required to provide water service to the tract. 42. Two independent points of connection to the City Water System are required to P W serve the tract or any phase of the tract. The developer shall be required to construct any water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. 43. Separate water services shall be provided to each lot created. Pw 44. All public water facilities shall be constructed in accordance with Public Works P 1A standards, specifications and policies. Urban Growth Management Requirements 45. The tract is located in Water Well Service Area No. 201-S. The developer shall L D<< pay the appropriate water supply well charge in effect for this area at the time of final map approval. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 46. The developer of property located within the UGM boundaries shall comply with L DE all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with • Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 12 November 20, 2002 FLOOD CONTROL 49. The subdivider shall be required to pay any applicable storm drainage fees to t—� comply with Chapter 13, Article 13 of the Fresno Municipal Code. 50. The subdivider shall be required to comply with the specific requirements Q fit/ imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which - may ue granted by tie rMFCD 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 November 15, 2002. 51. Any temporary ponding basins constructed or enlarged to provide service to the pw 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. RRIGATION CAN L_ 52. A private irrigation canal traverses the proposed subdivision. Pursuant to PW w Section 12-1012(a) of the Fresno Municipal Code, the subdivider shall be required.to pipe and relocate the canal outside of public street rights-of-way, and provide the easements necessary to accommodate the pipeline prior to final map approval. In lieu of the above requirement, the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. SAN JOA UIN VALLEY AIR POLLUTION CONTROL DISTRICT r -53. Comply with letter from the San Joaquin Valley Air Pollution Control District dated 'r �o October 9, 2002. Conditions of Approval Vesting Tentative Tract No. 5098/UGM Page 14 November 20, 2002 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 feet 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 $354/living unit Service Area: 201s S. Well Head Treatment fee n/a Service Area: 201 t. Recharge Fee n/a Service Area: 301 U. 1994 Bond Debt Service $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE V. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEES/CHARGE* W. UGM Fire Station Capital Fee $547/gross acre Service Area: 14 X. UGM Park Fee $1695/gross acre Service Area: 5 Y. Major Street Charge $1930/adj. acre Service Area: C/D-2 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis, Supervising Planner Planning Division FROM: Nancy Morrison, Parks Planning Coordinator,(559.621.2927) DATE: October 23, 2002 Subject: Vesting Tentative Map T-5098, Located on the Southeast corner of North Cornelia and West Bullard Avenues. The Parks Department has reviewed the Tentative Subdivision Map proposed by Cambridge Homes on engineering drawings plans prepared by Harbour&Associates. The Parks Division offers the following comments regarding the street tree, and buffer/parkway strip conditions ... 1. LANDSCAPE TREE REQUIREMENTS FOR INTERNAL STREETS A. Streets within this subdivision that are to be constructed at 50754' 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 require two landscape street trees per lot. Lots 15,34,35,46,47, 50,51,80, 81, 101, 102, 115, 116 and 120 shall have one of the two required landscape trees in the front portion of the side yard. 2. STREET TREE REQUIREMENT A. Fresno Municipal Code requires one tree per 60 linear foot of street frontage on North Milburn, West Bullard and North Cornelia Avenues. The designated street tree species for North Milburn is Quercus virginiana,(hive Oak). The designated street tree species for West Bullard is Cinnamomum camphora,(Camphor). The designated street tree species for North Cornelia is Celtis australis, (European Hackberry). The developer is required to provide a drip irrigation system to each street tree. The irrigation system shall comply with FMC 12-306-N-23. 3. BUFFER PLANTING ADJACENT TO WEST BULLARD A. The developer is required to provide installation and long term provision for maintenance of landscaping in the easement and right-of-way adjacent to WEST BULLARD AVENUE extending south on North Cornelia to the south end of Lot 50 and the internal street island within the subdivision. 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, landscape 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 auv iD-e-uue rA1 uo•cu rut rrt,�lru rLUUU "1141AUL rdA NU, 7.;J4nJV(0 � �4 File No_210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami,Chief Engineering Tech.CAMBRIDGE DOMES Development Services Department 466 W.FA.LLBROOK AVE.,#110 City of Fresno FRESNO,CA 93711 2600 Fresno Street - Fresno,CA 93721 MAP NO. 5098 PRELIMINARY FEE(S)(See below) DRAINAGE AREA(S) " EF " •• - •' DRAINAGE AREA EF " S85,024.00 DATE Ij-off- DRAINAGE AREA " - It - TOTAL FEE 585,024.00 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 in cooperation with the City and County has developed and adopted the Storm Drainage and 0 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. Ul The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. i.. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. e,..�. 5469 E.OLIVE - FRESNO.CA 93727 - (S59)456-3292 - FAX(559)456-3194 Two sided document �ay s,, c im r a i U`c i rill r KC-)NU h LUUU UUN i KUL NiA NU. �5y45b;11(b N. JE FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 'he Federal Clean Water Act and the State General Permits for Storm Water Discharges kssociated with Construction and Industrial Activities(State General Permits)require levelopers of construction projects disturbing five or more acres,and discharges associated vith industrial activity not otherwise exempt from National Pollutant Discharge Elimination iystem(NPDES)permitting,to implement controls to reduce pollutants,prohibit the lischarge of waters other than storm water to the municipal storm drain system,and meet water luality standards. These requirements apply both to pollutants generated during construction, -aid to those which may be generated by operations at the development after construction. s. State General Permit for Storm Water Discharges Associated with Construction Activities,Augua 1999(available at the District Office,) A State General Construction Permit is required for all clearing, grading,and disturbances to the - ground that result in soil disturbance of at least five acmes(or less than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. ■ Under the Phase 11 federal storm water quality regulations a State General Construction Storm Water Permit will be required for all activities that disturb one acre no later than March,2003. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997(available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance, sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 rwo aided document AVV-iZ)-cuuc r N i uo c ill rnr rjQ rLJUU WN;AVL rnn Mu. ;.t�dg5d1UID � � r Y NOTE: TIS DRAWING DISTAK ES AREIAPPRO MATE. � ' 2e AVE. --42 BULLARD II \\ > > TOM ROBERTS AVE. \ a iBROWNING AVE. Z I \?� �80' 'a. M it ��jj�� �X � Ef LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER — PIPELINE (SIZE SHOWN) do INLET. MASTER PLAN FACILITIES TO BE CONSTRUCTED BY SCALE s."-300' DEVELOPER — MOWSTRIP (EUGIBLE FOR FEE CREDIT) EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE — — - -- — INLET BOUNDARY AREA OF BROWNING AVENUE TO BE ABANDONED TRACT No. 50Q98 DRAiNAGB ARBA: Mir EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CON'T'ROL DISTRICT K..R� NJ7O3 J:\CMC.XOIINC\w(Gw wO\OWCS\OE%IMV\yWTS\W"-OWC r PUV-1 b-000el r K l Ud•c f rill r KL jNU r l.IA;J W141 KUL r lir, n�. :,�yV�b►U i C N. 09 OTHER REQUIREMENTS EXHIBIT NO.2 The cost of construction of Mdster Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Pee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area,exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. A twenty-foot(20')storm drain easement will be required wheneverstorm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to,foundations, roof overhangs, swimming pools,and trees. No surface run-off shall be directed towards the FMFCD basin. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternati ves to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan. The District is still considering the abandonment of Browning Avenue. The item will be presented to the District's Board of Directors on November 20,2002. As such,this Notice-of-Requirements is only conditionally approved based on the direction provided by the Board. Should the Board approve the abandonment,the District requests the City include the abandonment of the south half of Browning Avenue along with this Tract. If the Board does not approve the abandonment, the developer shall construct the Browning Avenue street improvements as a condition of the TYact. The street improvements are eligible for fee credit. Pending the Board's discussion on the abandonment, other conditions may be required. Development No. fact 0098 C&gAPCCmit%CANbi($2VAWM0`)8(mw) (T � Mr. Lewis October 9, 2002 ,c • T-5098, R-02-35 Page 2 r or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. There are a number of mitigation measures that should be incorporated into the design of this project to reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible.) This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. ❖ Trees should be carefully selected and located to protect the building(s) from energy sapping environmental conditions. This measure should be implemented on all exposures. A brochure has been included for the applicant. (See http://www.coolcommunities.org orhttp://www.energy.ca.gov/coolcommunity/strategies.html or http://www.lgc.org/bookstore/energy/downloads/siv tree guidelines.pdf) ❖ If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Such access should consist of paved walkways or ramps and should be physically separated from vehicle access routes. ❖ 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-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles. Pathways through the project can be built or appropriated in anticipation of future growth. ❖ As many energy conserving and well-designed features as possible should be included in the design/construction of the projects. Examples include (but are not limited to); increased wall and ceiling insulation (beyond building code requirements), energy efficient lighting, awnings or.other outside shading mechanism for windows, ceiling fans, orient the units to maximize passive solar cooling and heating when practicable, electrical outlets installed around the exterior of the, neighborhood parks, gardens and food garden areas, 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,) .etc. More information can be found at: http://www.coolcommunibes.org http://www.consumerene[gyonter.org/index.html http://www.enerciv.ca.Qov/coolcommunity/Strategies.htmi ❖ The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are many rebate and incentive programs that encourage different types of alternative energy sources. More information can found at http://www.dsireusa.org/ http://homenower.com http:/twww.ener-gy.ca.goy/renewables/ District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at 230-6000. Sincerely, Chrystal Meier CEQA Intern Enclosures 44 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, Cambridge Homes applied for Rezoning Application No. R-02-3 5 to change an approximately 29.3 acre parcel from the R-A/UGM(Residential-AgriculturaVUrban Growth Management Area) zone district to the R-1BA/UGM(Single-Family Residential/Boulevard Area/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 density residential land use designation of the Fresno General Plan, the Bullard 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: Lots 961 to 966 both inclusive and the West 200 feet of Lot 967 of Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 8,Pages 25 and 26 of Plats,Fresno County Records. . (APN: 509-020-07) 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 20"day of ► V,- ii Ordinance No. Rezoning Application No. R-02-35 Page 3 SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5098 for any portion of the property encompassed by said tentative tract map for which a final is recorded. s