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REORT 101TTHME19�V COAr
AGENDA ITEM NO.
COUNCIL, MEETING
December 17, 2002 APPROVED BY
FROM: NICK P. YOVINO, Director DEPARTMEWDIRECMR
Planning and Development Department CnTM"AGER
BY: RAYBURN BEACFlanning Manager
Planning Division
SUBJECT: CONSIDERATION OF REZONING APPLICATION NO. R-02-35 (TT-5098)
EXECUTIVE SUMMARY
Rezoning Application No. R-02-35, tiled by Cambridge Homes, proposes to rezone the 29.3 acres located
on the southeast corner of North Comelia and West Bullard Avenues to the 5ingie-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, Gouncilmember 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.
t•
REPORT TO THE CITY COUNCIL
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
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 Altemate 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-0X35 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.
rd\K\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)
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BYarcan SECONDED BY cb]txxx►
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-1BA/UGM(Single-Family ResidentiaVBoulevard
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
Accptd J14 17 c Q
u
�a,Got �Oyi, -fid
Ordinance No. 2002-72, Bill No. B-73
Rezoning Application No. R-02-35
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 17d' 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-1/13A/UGM zone district.
Ordinance No. 2002-72, sill No. s-73
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
Rezoning Application No. R-02-3 5
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 17t 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:
By
HILDA C U-M 1 Deputy
City_Atto ey
i
By
Dep ty
Application No. R-02-35
Filed by: Cambridge Homes
Assessor's Parcel No. 509-020-07
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ELOPMENT VICINITY MAP D�PLANNI G DIVISION
APN: 509-020-07
VESTING TENTATIVE TRACT NO. 5098/UGM ZONE rte: 1845
REZONING APPLICATION NO. R-02-35
(R AlUGM to R-1/UGM) NORTH BY/DAH RL,11/7/2002
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
fIC , P. YOVINO, Secretary
�o City Planning Commission
DATED: November 20, 2002
Resolution No. 11778
Vesting Tentative Tract No. 5098
Filed by: Cambridge Homes
Action: Approved with Conditions
rc1VArclfiles\documents\PCR 11778
m _
REPORT TO THE PLANNING COMMISSION
AGENDA ITEM NO. VIII-I
COUNCIL MEETING 11/20/02
APPROBY
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
_ _wH1 consist of 120.single-family residential lots. Rezone No..R02:35 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 Comelia
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.
REPORT 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 Existing Use
North Medium Density Residential R-1/13A/UGM Single-Family Residences
South Medium Density Residential R-1/UGM Ponding Basin
East Open Space/Ponding Basin R-A/UGM Single-Family Residential
West Medium Density Residential R-1/13A/UGM Single-Family Residences
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 classified 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 3
The Environmental Protection Agency released a study document summarizing the evidence about
electromagnetic fields and its effects on human health. The study found that as related to the
electromagnetic fields, there was only a limited understanding of how it might lead to carcinogenesis and
that there was not enough knowledge to warrant a dose response assessment. The EPA decided that
the evidence suggests a hazard but declined to apply a classification scheme to this kind of agent as is
currently done for known hazardous chemicals. The California Department of Health Services has
concurred with that judgment.
Because of the lack of clear evidence the Department of Health Services and the Public Utilities
Commission have not proposed any regulation at this time. The Department of Health Services, however,
does advise that city planners, school boards, and real estate developers and those who control the
building codes may find themselves forced to deal with the issues of proximity to electric transmission line
rights-of-way or easements.
Due to the lack of regulation from the State and the Federal Governments, the California Department of
Education has adopted a policy which recommends minimum distances between new schools and the
edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 W lines,
150 feet for 220-230 W lines, and 250 feet for 345 W lines. It is noted that_these guidelines are not
based on specific biological evidence.
The city staff acknowledges that there is public concern about the possible health hazards related to the
delivery of electric power and that much of the concern is based on suggestive data which, at this time, is
both incomplete and inclusive. However, until we have the necessary information, a "prudent avoidance"
strategy which limits exposure when it can be done at a reasonable cost and with reasonable effort would
seem appropriate. The Planning and 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.
Landscaping/Walls
Given that the proposed subdivision abuts a collector street, the developer will be required to install 15
feet of landscaping along this street. In addition, the applicant will be required to install a concrete wall at
the rear of the required landscape setback which will baffle potential noise generated by vehicles traveling
on North Bullard Avenue.
Lot Dlmenslons
The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All
of the lots in the subdivision equal or exceed the minimum lot size requirement.
' 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.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5098
Rezone No. R-02-35
November 20, 2002
Page 5
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5098 dated
September 20, 2002.
2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative
Tract No. 5098/UGM dated November 20, 2002.
3. Development shall take place in accordance with the mitigation measures identified in the Mitigated
Negative Declaration dated October 30, 2002:
Action by the Planning Commission for the rezoning application will be a recommendation to the City
Council.
RECOMMENDATION
1. APPROVE the Mitigated Negative Declaration for Environmental Assessment No. TT-5098, R-02-35.
2. RECOMMEND to the City Council approval of Rezoning Application No. R-02-35, to become effective
for any portion of the Tract for which a final map of Vesting Tentative Tract No. 5098/UGM is
recorded.
3. APPROVE Vesting Tentative Tract Map No. 5098 subject to compliance with the Conditions of
Approval dated November 20, 2002.
rcW\PCRPTS\PC\TT-5098, R-02-35
Attachments: Vicinity Map
Tentative Tract Map No. 5098 dated September 20, 2002
Environmental Assessment No. TT-5098, R-02-35
Conditions of Approval for TT No. 5098
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
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ELOPMENT DEP
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APN: 509-020-07
VESTING TENTATIVE TRACT NO. 5098/UGM
REZONING APPLICATION NO. R-02-35 zoNE MAP- isas
(R-A/UGM to R I/UGM) NORTH BY/DATE RL/11/7/2002
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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 Mana
MND
ENVIRONMENTAL CHECKLIST
Potential Environmental Effects EA NO. T-5098, R-02-35
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 10.0 TRANSPORTATION AND CIRCULATION
CONSIDERATIONS 1 10.1 Generation of vehicle traffic sufficient to
1 1.1 Geologic hazards, unstable soil conditions cause capacity deficiencies on existing
] 1.2 Adverse change in topography or ground street system
surface relief 1 10.2 Cumulative increase in traffic on a major
1 1.3 Destruction of unique geologic or street for which capacity deficiencies are
physical features projected
1 1.4 Increased water erosion 1 10.3 Specific traffic hazard to motorists,
bicyclists, or pedestrians
2.0 AIR QUALITY 1 10.4 Routing of non-residential traffic through
2 2.1 Substantial indirect source of pollution residential area
(large vehicle generator) 1 10.5 Insufficient or poorly located parking
1 2.2 Direct on-site pollution generation 1 10.6 Substantial increase in rail and/or air
1 2.3 Generation of objectionable odors traffic
1 2.4 Generation of dust except during
construction 11.0 URBAN SERVICES
1 2.5 Adverse local climatic changes 1 11.1 Availability of fire protection
1 11.2 Lack of emergency vehicle access
1 11.3- --Adequac ofdesign n for crime revention'
._ 3.0 WATER :- • . _...._----• ----- _. _. . ..-- - --_.. . _.. y g N:.
1 3.1 Insufficient ground water available for 1 11.4 Overcrowding of school facilities
long-term project use 1 11.5 Availability of water mains of adequate
1 3.2 Use of large quantities of ground water size
1 3.3 Wasteful use of ground water 1 11.6 Availability of sewer lines of adequate
1 3.4 Pollution of surface or ground water capacity
supplies 1 11.7 Availability of storm water drainage
1 3.5 Reduction in ground water recharge facilities (on or off-site)
1 11.8 Availability of adequate park and
4.0 PLANT LIFE recreation areas
1 4.1 Reduction of the numbers of any unique, 1 11.9 Unusually high solid waste generation
rare, or endangered species
1 4.2 Reduction in acreage of agricultural crop 12.0 HAZARDS
1 4.3 Premature or unnecessary conversion of 1 12.1 Risk of explosion or release of hazardous
prime agricultural land substances
1 12.2 Site subject to flooding
5.0 ANIMAL LIFE 1 12.3 Adverse change in course of flow-of
1 5.1 Reduction in the numbers of any rare, flood waters
unique, or endangered species 1 12.4 Potential hazards from aircraft accidents
1 5.2 Deterioration or displacement of valuable 1 12.5 Potential hazards from landfill and/or
wildlife habitat toxic waste sites
1 6.0 HUMAN HEALTH 13.0 AESTHETICS
1 13.1 Obstruction to public or scenic vista or
7.0 NOISE view
1 7.1 Increases in existing noise levels 1 13.2 Creation of aesthetically offensive
2 7.2 Exposure to high noise levels conditions
1 13.3 Removal of street trees or other valuable
8.0 LIGHT AND GLARE vegetation
1 8.1 Production of glare, which will adversely 1 13.4 Architectural incompatibility with
affect residential areas surrounding area
1 8.2 Exposure of residences to high levels of
glare 14.0 HISTORICAL/ARCHAEOLOGICAL
1 14.1 Removal of historic building, disruption of
9.0 LAND USE archaeological site
1 9.1 Incompatibility with adopted plans and 1 14.2 Construction or activity incompatible with
policies adjacent historic site
1 9.2 Acceleration of growth rate
1 9.3 Induces unplanned growth 15.0 ENERGY
1 9.4 Adverse change in existing or planned 1 15.1 Use of substantial amounts of fuel or
area characteristics energy
1 15.2 Substantial increase in demand upon
existing sources of energy
1 15.3 Wasteful use of energy
SEE REVERSE SIDE FOR EXPLANATION OF RATINGS
:Proi.EnvChklist
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.
fit
if No Significant Environmental Effect
The proposed project will not have an adverse environmental effect in this category, or any such effect is not
- substantiaily unusual-or of-undesirable magnitude. This rating is al3c :iOlzou 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.
i
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
ENVIRONMENTAL ASSESSMENT- INITIAL STUDY
TENTATIVE TRACT MAP NO. 5098 AND REZONE APPLICATION NO. R-02-356
Proiect Information
Assessor's Parcel 509-020-07 Existing Zoning R-A/UGM, Residential
No. Agricultural/Urban Growth
Management
Job Address VTT 5098 Proposed - R-1/UGM, Single Family
Zoning Residential/Urban Growth
Management
Street Location Southeast corner of Allowable 4.99-10.37 units per acre,
North Cornelia and Density Section 12-403-B(1) of the
West Bullard Avenues FMC permits 2.19-4.98
units per acre
Zone Map 1845 Proposed 4.4 units per acre
Number Density
Proiect Description:
Vesting Tentative Tract Map No. 5098 proposes to divide 29.3 gross acres (27.2 net acres) into
120 single family residential lots. The project also includes the vacation of a portion of the north
half of West Browning Avenue between North Milbum and North Cornelia Avenues. The site is
located on the southeast corner of North Cornelia and West Bullard Avenues.
The site is presently zoned R-A/UGM, Residential Agricultural/Urban Growth Management zone
district. The applicant has filed Rezone Application No. R-02-35, which proposes to change the
current zoning to the R-1/UGM, Single Family Residential/Urban Growth Management zone
district. The proposed development is also located within boundaries of the Bullard Community
Plan. According to this plan the site is designated for medium density residential type uses. The
subdivision will be developed at an overall density of 4.4 units per acre. According to the Bullard
Community Plan land use consistency table, 4.99-10.37 units per acre are appropriate. Although
the applicant is proposing to the develop the site at 4.4 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 designation. Thus, the proposed density is consistent with the Bullard
Community Plan and the FMC, given that the medium-low density plan designation permits 2.19 -
4.98 units per acre. In addition the tract map is located within the City's Urban Growth
Management (UGM) Area thus it will be subject to its ordinances and policies.
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, 5071 &
Rezone Application No. R-02-19
Page 3
monitoring and regulation of air pollutant emissions from stationary, indirect and mobile sources
within the air basin. These include ozone (photo-chemical smog) precursors and PM10 (fine
particulates/dust). Fresno County, in addition to the rest of the San Joaquin Valley, has consistently
exceeded State and Federal ozone and PM10 standards. It is designated a nonattainment area for
PM10, moderate nonattainment for carbon monoxide, and severe nonattainment for ozone.
An analysis of the air quality impacts associated with this project was completed using the
URBEMIS 7G model. The results of that study are as follows:
ROG NOx CO PM10 SO2
Construction 5.53 0.17 0.24 0.03 0.00
Area Source 6.62 0.34 6.35 0.83 0.01
Total Emissions 4.20 4.96 49.22 0.17 0.03
(tons/year)
City Council Resolution No. 88-451 certified Environmental Impact Report (EIR)No. 10096 (SCH
No. 87030914), completed for the Bullard Community Plan, which is on file at the City of Fresno
Development Department. Certain significant unavoidable adverse environmental effects resulting
from project implementation have been identified in final EIR No. 10096, including cumulative
effects on air quality in the region. The air quality effects resulting from the planned land uses
identified in the Bullard Community Plan are.mitigated to the extent feasible through the mitigation
measures identified in EIR No. 10096 as listed below:
I. The land use and circulation patterns of the Bullard Area Community plan has been
arranged to minimize the length and number of vehicular trips;
2. Bullard Community Plan Policies 4.1-3(4) and 4.2-4(7) allow for mixed use
development which will act to reduce vehicular trips;
3. Section 5.9 of the Plan provides for a Bikeways Plan for the Bullard Community, which
will promote the use of non-motorized transportation;
4. The circulation policies of the Plan (4.5-9) are designed to promote smooth and
efficient traffic flow in order to reduce air pollution and provide that if the
consolidation of the Santa Fe and Southern Pacific Railroads occurs, the Santa Fe track
right-of-way shall be preserved as a transportation corridor for purposes for light rail or
other transportation purposes;
5. Support the implementation of the Air Quality Element of the Fresno General Plan, the
Fresno Clean Air Plan and the Fresno County Vehicle Inspection Program and
encourage the expansion of the inspection program to other counties in the San Joaquin
Valley Air Basin; and
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 northwestportionof the
community is considered to be environmentally the preferred alternative for
accommodating urban growth in the metropolitan 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 5
form of increased dust and particulate matter. However, these impacts are local in nature and would
cease upon completion of the project. The construction phase of the project would 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.
Mitigation Measures:
To mitigate fugitive dust emissions during project construction, the following measures are
required:
1. On-site vehicle speed shall be limited to 15 mph;
2. All areas with vehicle traffic shall be watered twice daily;
3. Roads shall be treated with a petroleum-based dust palliative;
4. 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
dust;
5. All clearing, grading, earth moving, or excavation activities shall cease during periods
of wind speed greater than 20 mph average over one hour;
6. All 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:
7. Equipment engines shall be maintained in good condition and proper tune per
manufacture's specifications;
8. 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.
ImplementationNerification:
This mitigation measure, and all other measures relative to construction, shall be implemented by the
contractor as specified by the applicant during the construction phase and verified by the Public
Works Department, Construction Management Division.
3.0--WATER
Fresno is one of the largest cities in the United States still relying entirely on groundwater for its
public water supply. The city maintains an extensive network of wells, water mains, and recharge
basins to serve the city. While the aquifer exceeds a depth of 300 feet and is large enough to provide
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 7
5.0--FAUNA
There is no significant wildlife population currently inhabiting the site. The landscaping to be
installed would provide habitat for certain species of birds and small animals accustomed to an urban
environment. No adverse environmental effects are expected as a result of this project.
Mitigation Measures:
No mitigation measures are necessary.
6.0--HUMAN HEALTH
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.
The Environmental Protection Agency released a study document summarizing the evidence about
electromagnetic fields and its effects on human health. The study found that as related to the
electromagnetic fields there was only a limited understanding of how it might lead to carcinogenesis
and that there was not enough knowledge to warrant a dose response assessment. The EPA decided
that the evidence suggests a hazard but declined to apply a classification scheme to this kind of agent
as is currently done for known hazardous chemicals. The California Department of Health Services
has concurred with judgment.
Because of the lack of clear evidence the Department of Health Services and the Public Utilities
Commission have not proposed any regulation at this time. The Department of Health Services,
however, does-advise that city planners, school boards, and real estate developers and those who
control the building codes may find themselves forced to deal with the issues of proximity to electric
transmission line rights-of-way or easements.
Due to the lack of regulation from the State and the Federal Governments, the California Department
of Education has adopted a policy which recommends minimum distances between new schools and
the edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 W
lines, 150 feet for 220-230 W lines, and 250 feet for 345 W lines. It is noted that these guidelines
are not based on specific biological evidence.
The city staff acknowledges that there is public concern about the possible health hazards related to
the delivery of electric power and that much of the concern is based on suggestive data which, at this
time, is both incomplete and inclusive. However, until we have the necessary information, a "prudent
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 9
9.0--LAND USE
The proposed project is consistent with the Bullard Community Plan which designates the subject
site as appropriate for single family residential.
10.0--TRANSPORTATION AND CIRCULATION
The proposed project would generate additional vehicle traffic. Any proposed development would
generate additional traffic compared to the existing use, which is vacant. However the Public Works
Department, Traffic Division has concluded that the projected traffic is not expected to have a
significant impact given that the area has the potential for several entrances to the project area.
Vehicle Trip Generation
Estimated trip generations for the proposed subdivision were calculated based upon the number of
homes, 120. According to the Traffic Division it is estimated that single family residences generate
10 vehicle trips per day, for a total of 1148 vehicle trips per day. According to the Bullard
Community Plan Circulation Map, West Bullard Avenue is classified as an arterial street with a
capacity of 28,000 vehicle trips per day.
As indicated above, the streets and highways relating to the site for the proposed use will be able to
carry the quantity and kind of traffic generated by the proposed use with the recommended
modifications by the Department of Public Works, Traffic Engineering, 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 West Bullard Avenue from lots 50
through 66, inclusive.
Mitigation Measures
No mitigation measures are required.
11.0--URBAN SERVICES
11.4 Overcrowding,of School Facilities
The subject site is within the enrollment area of the Central Unified School District which is
experiencing overcrowded school facility conditions. The district has adopted school impact fees in
accordance with current state law, which will require the development to pay a fee for school
facilities per the adopted fee schedule unless waived by the district.
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-Site)
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 required 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 11
13.0--AESTHETICS
13.2 - Creation of Aesthetically Offensive Conditions
During construction of the proposed project, creation of an aesthetically offensive condition can be
expected in terms of the general appearance of the site. This condition would be limited to the
localized area and would only exist temporarily.
14.0--HISTORICAL/ARCHAEOLOGICAL
There are no adjacent historical or archaeological sites. To ensure that any possible sites will be
protected, the following conditions have been added to this special permit approval:
i
1. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
2. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in
origin, the Native American Heritage Commission shall be immediately contacted, and
the California Archaeological Inventory/Southern San Joaquin Valley Information Center
shall be contacted to obtain a referral list of recognized archaeologists. An archaeological
assessment shall be conducted for the project, the site shall be formally recorded, and
recommendations made to the City as to any further site investigation or site
avoidance/preservation.
3. If animal fossils are uncovered, the Museum of Paleontology, 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.
15.0 -ENERGY
The proposed project would not require an excessive use of energy. No adverse environmental
effects are expected as a result of this project.
Mitigation Measures:
No mitigation measures are necessary.
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 NEGA TT IVE DECLARATION WILL BE PREPARED.
City of Fregno
Mitigated Negative Declaration
Monitoring Checklist
EA No. T-5098 and Rezone Application No. R-02-35
a
MITIGATION MEASURE IMPLEMENTED WHEN VERIFIED BY
BY IMPLEMENTED
2.4 Approval of the Contractor, Public During Contractor, Public .as
subdivision shall be Works, construction Works, Construction -{
conditioned upon Constriction Management Division
compliance with the Management
SJVUAPCD Division
Regulation VIII,Rule '
8020
ti
r
7.2 Approval of Development P6or 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
City of Fresno November 20, 2002
Development Department
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT NO. 5098/UGM
All tentative subdivision maps are subject to the applicable provisions of the State
Subdivision Map Act, Fresno Municipal Code, City policies, and Standard
Specifications. The following specific conditions are applicable to this subdivision
map. The Urban Growth Management (UGM) Service Delivery Plan requirements are
included in the following conditions of approval and are designated by the caption
"Urban Growth Management Requirements".
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the
imposition of fees, dedications, reservations or exactions for this project are
subject to protest by the project applicant at the time of approval or
conditional approval of the development or within 90 days after the date of
the imposition of the fees, dedications, reservations or exactions imposed on
the development project.
GENERAL CONDITIONS
1. Preparation of the final map in accordance with Vesting Tentative Tract Map
No. 5098 entitled "Exhibit A," dated September 20, 2002.
2. Submit grading plans and soils report to the City of Fresno, Development
Department, for verification prior to final map approval. Ref. Sections 12-1022
and 12-1023, Fresno Municipal Code. Approval of grading plan is required
prior to final map approval. Grading plan shall indicate the location of any
required walls and indicate the proposed width of required landscape easements
or strips.
3. Public utilities easements, as necessary, shall be dedicated to the City of Fresno.
Any required relocation of existing utilities necessitated by required street
improvements will be paid for by the appropriate utility company or the
developer of the project. Contact the appropriate utility company for
information.
}
Conditions of Approval
Vesting Tentative Tract No. 5098/UGM
Page 2
November 20, 2002
4. Relinquish access rights to North Cornelia and West Bullard Avenues from all
residential lots which back-onto these streets. Ref. Section 12-1011-f-3, Fresno
Municipal Code.
S. 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,
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
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
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
loth which back-onto North Cornelia Avenue. Ref. Section 12-1011-f-3, Fresno
r
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.
9. Maintenance of the required 10- and 15-foot landscape easements located along
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 3
November 20, 2002
City's District. The property owners shall petition the City for annexation to the
City's District prior to final map approval.
10. 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.
It. Should the City Council not approve the annexation of such landscape areas into
Community Facilities District No. 2, then the property owner/developer shall
create a homeowner's association for the maintenance of the landscape areas.
The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's)
and the proposed instruments for the homeowner's association shall be submitted
to the Development Department for review two (2) weeks prior to final map
approval. Said documents shall be recorded with the final map or alternatively
submit recorded documents or documents for recording prior to final acceptance
of subdivision improvements. Said documents shall include assignment of
responsibility to the owner's association for landscaping and other provisions as
stated in the Development Department Guidelines for preparation of CC&R's
dated January 11, 1985.
12. Improvement plans for all required landscaping and irrigation systems shall be
submitted to the Development Department for review prior to final map
amu. approval.
13. 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 easements noted in Condition No. 9, above.
14. Construction plans for required walls showing architectural appearance and
location of all walls shall be submitted to the Development Department for
review prior to final map approval.
15 The developer shall provide two medium size trees in each front yard area of
each lot located on a 50 and 54-foot API public street. The owner shall execute
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
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.
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
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 5
November 20, 2002
20. Contact the United States Postal Service - Fresno Office for the location and type
of mailboxes to be installed in this subdivision.
21. 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).
22. 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.
23 Apportionment of Special Assessment - If, as part of this subdivision, a division
will be made of any lot or parcel of land upon which there is an unpaid special
assessment levied under any State or local law, including a division into
condominium interest as defined in Section 783 of the Civil Code, the subdivider
shall file a written application with the City's Director of Public Works,
requesting apportionment of the unpaid portion of the assessment. The
application shall contain at least the following information:
a. A full description of each assessed lot, parcel or interest to be divided and
of how such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
C. Written consent of the owner(s) of each such lot, parcel, or interest to the
requested apportionment.
The application shall be filed prior to the approval of the final map by the City
and shall be accompanied by a fee of 2,970.00, or in an amount specified in the
h
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,
2002.
Urban Growth Management Requirements
25. The subdivider shall be required to pay the appropriate UGM Park Capital Fee
at the time of final map approval. Fee payment may be deferred until time of
building permit issuance in accordance with the requirements of Section
12-4.509-C-3, Fresno Municipal Code.
FIRE SERVICE
Urban Growth Management Requirements
2.6_ The subdivider shall pay the appropriate Fire Station Capital Fee at the time of
final map approval. If appropriate, fee payment may be deferred until the time
of building permit issuance in accordance with the requirements of Section
12-4.508-D-3, Fresno Municipal Code.
STREETS AND RIGHTS-OF-WAY
27. The subdivider shall make provisions for the physically handicapped in
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 7
November 20, 2002
with Resolution Nos. 68-187, 78-522, 81-219 and 88-229.
,29. 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
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.
30. 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.
31. All of the required street improvements shall be constructed and/or installed in
accordance with City of Fresno standard specifications.
32. 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.
33. 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.
34. All interior streets shall be dedicated in accordance with the 50-foot and 54-foot
standard widths as shown on Exhibit "A", and fully improved with standard
curb, gutter, sidewalk on both sides of all streets, under ground street lighting
per Public Works Standard E-2, and full 20-feet width permanent street
pavement. Where street furniture is located within the sidewalk area (fire
hydrants, streetlights, etc.) A minimum of 48 inches of unobstructed path shall
6
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/_ 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
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
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 9
November 20, 2002
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.
38. The developer shall comply with Rule 8060 of the San Joaquin Valley Air
Quality Pollution Control District for the control of fugitive dust requirements
from paved and unpaved roads.
Urban Growth Management Requirements
The nearest major street complying geometrically with the master plan of streets and
highways is West Bullard Avenue at the north boundary of the tract. In accordance
with the City's Urban Growth Management Policy relative to major street extensions
and other street improvements necessary to provide adequate emergency and service
vehicle access, no improvements are required.
SEWER SERVICE
A 29-inch sanitary sewer main is existing in North Cornelia Avenue, an 18-inch
sanitary sewer is existing in West Bullard Avenue and an 8-inch sanitary sewer man is
existing in North Milburn Avenue to serve the proposed subdivision. No public sewer
main extensions are required. The following conditions are required to provide
sanitary sewer service to the tract.
39. Separate sewer house branches shall be provided to each lot created.
40. All public sanitary sewer facilities shall be constructed in accordance with Public
Works Department standards, specifications and policies.
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
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.
44. All public water facilities shall be constructed in accordance with Public Works
standards, specifications and policies.
Urban Growth Management_Requirements
45. The tract is located in Water Well Service Area No. 201-S. 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 REQUIREMENTS (GENERAL)
46. The developer of property located within the UGM boundaries shall comply with
all sewer, water and street requirements and pay all applicable UGM fees
imposed under the Urban Growth Management process (with appropriate credit
given for the installation of required UGM improvements) in accordance with
Conditions of Approval
Vesting Tentative Tract No. 5098/UGM
Page 11
November 20, 2002
the requirements of State Law as related to vesting tentative tract maps.
47. The developer will be responsible for the relocation or reconstruction of any
existing improvements or facilities necessary to construct any of the required _
UGM improvements.
Right-of-Way Acquisition
48. The developer will be responsible for the acquisition of any necessary
right-of-way to construct any of the required improvements.
Rights-of-Way acquisition shall include any rights-of-way necessary for proper
drainage, signing, pole relocation, and shoulder grading. In general, this will
require right-of-way to be provided approximately 10 feet outside the traveled
lane. The exact requirement must be determined at the project design stage
based on the existing conditions and detailed design information.
In the event an acquisition of any easement or right-of-way is necessitated by the
subject development, said acquisition will be accomplished prior to final map
approval. The developer should contact the Real Estate Section of the Public
Works Department to receive procedural guidance in such acquisitions.
Should such acquisition not be accomplished prior to final map approval, the
'developer must request and grant to the City the full authority to attempt
acquisition either through negotiation or 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.
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
comply with Chapter 13, Article 13 of the Fresno Municipal Code.
50. 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 November 15, 2002.
51. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven (7)
days from the time the basin becomes operational or as directed by the City
Engineer. Temporary ponding basins will be created through a covenant
between the City and the Developer prior to final map approval. Maintenance of
the temporary ponding basin shall be by the Developer until permanent service
for the entire subdivision is provided.
IRRIGATION CANAL
S2. A private irrigation canal traverses the proposed subdivision. Pursuant to
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 JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
.53. Comply with letter from the San Joaquin Valley Air Pollution Control District dated
October 9, 2002.
Conditions of Approval
Vesting Tentative Tract No. 5098/UGM
Page 13
November 20, 2002
DEVELOPMENT FEES AND CHARGES
54. This project is subject to the following development fees and charges:
PARKS DEPARTMENT
a. Street Tree Landscape Plan Review fee $37.00
b. Street Tree Installation fee
City installed tree $102.00/tree
C. Street Tree Inspection fee
Developer installed tree $28.00/tree
d. Maintenance District Plan Review fee $132.00
e. Maintenance District Inspection fee $293.00
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
f. Metropolitan Flood Control District Fee $85,024.00
SEWER CONNECTION CHARGES
g. Lateral Sewer Charge $0.10/square foot (to
100' depth)
h. Oversize Charge $0.05/square foot (to
100' depth)
i. Trunk Sewer Charge $419/living unit
Service Area: Cornelia
j. Wastewater Facilities Charge $2,119/living unit
k. House Branch Sewer Charge n/a
1. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES
M. Service Connection Charge Fee based on
service(s) and
meter(s) sizes
ti
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
Conditions of Approval
Vesting Tentative Tract No. 5098/UGM
Page 15
November 20, 2002
Z. Major Street Bridge Charge $65/adj. acre
Service Area: C/D-2
aa. Traffic Signal Charge $860/adj. acre
bb. UGM_Grade Separation Fee n/a _.
cc. UGM At-Grade Railroad Crossing Fee $262/adj. acre
Service Area: C/D/-1
dd. Trunk Sewer Charge n/a
Service Area:
ee. Street Acquisition/Construction Charge n/a
rclU:\rclftles\documentsVCOAT5098
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 498-129,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 Cotte 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, (Live 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
f
Parks Recreation and Community Services Department Continents on T-5098
October 23,2002
Page 2
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
and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a
more uniform appearance,on the street. The street tree species for West Bullard Avenue is
Cinnamomum camphora, (Camphor).
C. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed,
outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1'of level ground between
the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be
implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination
with ground cover species approved by the Parks Division.
D. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows.
E. No private flags, signs or identification of any kind shall be permitted in the right of way,within the
city-controlled easement or on the fence or wall facing the street.
4. ENVIRONMENTAL ASSESSMENT
A. This is project is consistent with the Parks Master Plan.
11uv' 1D-euue rhi UO-ru 1111 rruzNu rLul.'U uQNlnuL rilA IVIS. 04
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Alan Kawakami,Chief Engineering Tech.CAMBRIDGE HOMES
Development Services Department 466 W.FALLBROOK AVE.,#110
City of Fresno FRESNO,CA 93711
2600 Fresno Street -
Fresno, CA 93721
MAP NO, 5098 PRELIMINARY FEE(S)(See below)
DFcAINAGE AREAS) EF " " - DRAINAGE AREA EF 585,024.00
DATE ( I Ir-o2r DRAINAGE AREA - -
TOTAL FEE 885,024.00
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 CEQAINEPA 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 0
indicated above is based on the tentative map.Contact the FMFCD project engineer prior to QD
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 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-
mm.d 5469 E.OLIVE - FRESNO.CA 93727 - (559)4563292 - FAX(559)456-3194 rwo sided document
NOV-15-2002 PRI 09:27 AI" FRESNO FLOOD CONTROL FAX NO. 5594561076 P. '0
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation,reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on,Exhibit No. 1 // 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood
Control Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water&Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff'can be safely conveyed
to the Master Plan inlet(s).
X b. The construction of facilities required by Paragraph No.2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District
recommends temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a _500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy.
X Does not appear to be located within a flood prone arra.
ml a, 5469 E.OLIVE - FRESNO.CA 93777 - (559)456-3297 - FAX(559)456-3194 Two sided document
. cuuc rni U"'-:i rift rKnNU tLUUU UUMWL tHn W. �7�4bb;illb N �J6
4 n
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 pmje cts disturbing five or more acres,and discharges associated
with industrial activity not otherwise exempt from National Pollutant Discharge Elimination
iystem(NPDES)permitting,to implement controls to reduce pollutants,prohibit the
iischarge of waters other than storm water to the municipal storm drain system,and meet water
Iuality standards. These requirements apply both to pollutants generated during construction, 0
aid to those which may be generated by operations at the development after construction.
L State General Permit for Storm Water Discharges Associated with Construction
Activiti:.s, August 1999 (available at the District Office.) A State General
Construction Permit is required for all clearing, grading,and disturbances to the
ground that result in soil disturbance of at least five acres(or less than five acres
if part of a larger common plan of development or sale). Permittees are required
to: submit a Notice of Intent to be covered and must pay a permit fee to the
State Water Resources Control Board(State Board),develop and implement a
storm water pollution prevention plan, eliminate non-storm water discharges,
conduct routine site inspections,train employees in permit compliance,and
complete an annual certification of compliance. ■
Under the Phase II federal storm water quality regulations a State General
Construction Storm Water Permit will be required for all activities that disturb
one acre no later than March,2003.
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 YY;':.;;,: , '•:
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 - (SS9)4563292 - FAX(559)456-3194 Two sided document
NOV-15-2602 f R i 0111 2 i AM :cESNO FLOOD CONTROL FAX NO. 5594561076
r
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water
quality controls recommended in the Fresno-Clovis Storm Water Quality
Management Construction and Post-Construction Guidelines(available at the
District Office) to meet the requirements of the State General Permits, eliminate the
potential for non-storm water to enter the municipal storm drain system,and where
possible minimize contact with materials which may contaminate storm water
runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with
the Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the right to modify,reduce or add to_these requiremeats, or revise
fees,as necessary to accommodate changes made in the proposed development by the
developer or requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments,recommendations and requirements.
'Gerald E.LakeIfian, District Engineer Proj agineer: Mark ill
C: HARBOUR&ASSOCIATES
375 WOODWORTH AVE.,STE 103
CLOVIS,CA 93612
,_.� 5469 E.OLIVE - FRESNO.CA 93727 - (S59)456-3292 - FAX(559)4563194 TWO aided document
iruv-i�)-cuuc rni uo•ct rtii rrronu rLOW WNi&uL rMA feu. :o'Dbq:)b1Uf0 r, 08
NOTE:
THIS DRAWING IS SCHEMATIC.
DISTANCES ARE APPROMMATE.
24• AVE. ---42-
B_ULLARU _ _ _ -- - _ -- _ - - --
>
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> I f o04
4!
/ ROBERTS AVE. \
1
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a iB R�WNAVE.
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IIi
EX � EF
LEGEND
MASTER PLAN FACILITIES TO BE CONSTRUCTED BY
DEVELOPER - PIPELINE (SIZE SHOWN) k INLET.
MASTER PLAN FACILITIES TO BE CONSTRUCTED BY SCALE i"=300'
DEVELOPER - MOWSTRIP (EUGIBLE FOR FEE CREDIT)
EXISTING MASTER PLAN FACIUTIES
FUTURE MASTER PLAN FACILITIES
--�- DIRECTION OF DRAINAGE
- — - - INLET BOUNDARY
AREA OF BROWNING AVENUE TO BE
ABANDONED
TRET N0. 5098
DI?AINAGB ARBA: ,Er
EXHIBIT N0. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
K..RAA a•roz
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OTHER REQUIREMI NTS
EXHIBIT NO.2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such in di vidual area total less than the fee of said area,the difference shall be pai d
upon demand to the City or District.
A twenty-foot(20')storm drain easement will be required whenever storm drain facilities are located
on private property. No encroachments into the easement will be permitted including, but not
limited to, foundations, roof overhangs, swimming pools, and trees.
No surface run-off shall be directed towards the FMFCD basin.
The District recommends a single fence between the site and the District's basin. The Developer
should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than
the existing chain link fence is proposed, District review and approval of the proposed fence is
required.
The District requests that the gradingEngineer 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 wi 11 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 smcct improvements as a condition of the Tract. The
street improvements are eligible for fee credit. Pending the Board's discussion on the abandonment,
other conditions may be required.
Development No. act 5098
eo�lpcnnittcxW bits 2%usedRY)6(mw)
San Joaquin valley
Air Pollution Control District
October 9, 2002 RECEIVED 83DEV2002
0 C T 10 2002
Robert Lewis
Planning Division DEVELOPMENT DEPARTMENT
Development Department CITY OF FRESNO
2600 Fresno Street
Fresno CA 93721-3604
Subject: T-5098, R-02-35(APN 509-020-07)
Dear Mr. Lewis:
The San Joaquin Valley Air Pollution Control District (District) has reviewed the project referenced above
and offers the following comments:
The typed "Date Mailed"and the comment deadline (September 20—October 4) indicate a review period
of 14 days. The District is entitled to an adequate review period; however, despite the mailed date and
review period cited in your cover letter, the District received the request for comment on October 8, 2002.
In the future, the District will comply with a 14-day review period (or any other review period time-frame
based on project type) based on receipt by the.District of related documents. If your agency is working in
an expedited time frame, the District will accept emails or faxes with a hardcopy following shortly
thereafter.
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 and ongoing operational
emissions. 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.
The following items are rules that have been adopted by the District to reduce 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 limit the emissions of PM10 and NOx in residential
developments. A synopsis highlighting many of the requirements of these regulations has been
enclosed.
2. District Rule 4103 regulates the burning of agricultural material. Agricultural material may not be
burned if the land use is converting from agriculture to nonagricultural purposes.
3. District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10
emissions generated by human activity, including construction, road building, bulk materials
storage, landfill operations, etc. A Dust Control Plan must be submitted for the District's approval
at least 30 days before construction activities begin if the project encompasses 40 acres or more
David L. Crow
Executive Director/Air Pollution Control Officer
Northern Region Office Central Region Office Southern Region Office
4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 M Street, Suite 275
Modesto, CA 95356-9322 Fresno, CA 93726-0244 Bakersfield, CA 93301-2373
(209) 557-6400 - FAX (209) 557-6475 (559) 230-6000 - FAX (559) 230-6061 (661) 326-6900 - FAX (661) 326-6985
www.valleyair.org
IYUV-10-NUC r K 1 Ud•e 1 tlfl r KtJIVU rt-LUL) 1.U14I KUB Nil. Nu. �):)yqn l U l c }� Og
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such indi vidual area total less than the fee of said area,the difference shall be pai d
upon demand to the City or District.
A twenty-foot(?A')storm drain easement will be required whenever storm drain facilities are located
on private property. No encroachments into the easement will be permitted including, but not
limited to, foundations, roof overhangs, swimming pools, and trees.
No surface tun-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 Tract. 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
csW4x(iTdttcxNbit3;2W aciNSlriJB(m-)
• v
Mr. Lewis October 9, 2002
T-5098, R-02-35 Page 2
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 hfo://www.lac.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: hfp://www.coolcommunibes.org
hftp://www.consumerener-qycenter.org/index.htmi
http://www:t-nergy.ca.a6y/coolcom munity/strategies.htm l
❖ 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 hfp://www.dsireusa.or-g
hfp://homepower.com
hfp://www.energy.ca.gov/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,
oul �J
Chrystal Meier
CEQA Intern
Enclosures
fa\
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-02-35 to change an
approximately 29.3 acre parcel from the R-A/UGM(Residential-Agricultural/Urban Growth
Management Area) zone district to the R-1BA/UGM(Single-Family ResidentiaUBoulevard
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°i day of
Ordinance No.
Rezoning Application No. R-02-35
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"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.
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 -
0
Ordinance No.
Rezoning Application No. R-02-3 5
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 day of . 2002, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
REBECCA E. KLISCH
City Clerk
APPROVED AS TO FORM:
By
HILDA CANTU-MONTOY Deputy
City Attorney
By
Deputy
Application No. R-02-35
Filed by: Cambridge Homes _
Assessor's Parcel No. 509-020-07
,dv:W9ik.\doc,m=u\cC0R-M-35