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HomeMy WebLinkAboutT-5101 - Conditions of Approval - 7/25/2006 l _ FINAL MAP CHECKLIST city or TRACT NO. 5101 /UGM y A PLANNED DEVELOPMENT ■ OF VESTING TENTATIVE TRACT NO. 5101 2600 Fresno Street • Third Floor r. .VY111V Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 April 25, 2003 Please reply to: Shelby Chamberlain (559) 621-8042 Leo Wilson Leo Wilson Company, Inc. 1233 West Shaw Avenue Fresno, California 93711 Dear Mr. Wilson: SUBJECT: FiNAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING REZONING APPLICATION NO.R-02-27,CONDITIONAL USE PERMIT APPLICATION NO. C-02-249 AND VESTING TENTATIVE TRACT MAP NO.5101/UGM FOR PROPERTY LOCATED ON THE SOUTH SIDE OF EAST COPPER AVENUE, BETWEEN NORTH CEDAR AND NORTH MAPLE AVENUES The Fresno City Council conducted a duly noticed public hearing on April 22,2003,to consider Rezoning Application No.R-02-27. This application relates to the proposed development of an approximately 19.5- acre single family residential subdivision on a site located on the south side of East Copper Avenue, between North Cedar and North Maple Avenues. Following a full and complete hearing, the Council adopted Ordinance No. 2003-31, relating to the above application as follows: . 1. ADOPTED Ordinance Bill No.2003-31 (enclosed)that rezones the 19.5 acre subject site from the AL-20 (county) zone district to the R-1/UGM zone district.. The Fresno City Planning Commission previously conducted a duly noticed public.hearing on April 16, 2003 to consider Rezoning Application No. R-02-27, Conditional Use Permit Application No. C-02-249 and Vesting Tentative Tract Map No.5101AJGM approving the conditional use permit and tentative tract map applications and recommending that the Council approve the rezoning application. The conditional use permit and tentative tract map applications were final at the Planning Commission and, therefore, no Council review was necessary. Copies of the Planning Commission resolutions(Nos. 11-835, 11836, 11837) are enclosed. Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill,the rezoning ordinance shall become effective and in full force at 12:01 a.m.,thirty-one days after its passage,and upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5101/UGM for any portion of the property encompassed by said tentative tract map for which a final map is recorded. As"previously,mentioned, the Fresno City Planning Commission approved Conditional Use Permit Application No.C-02-249 subject to the conditions noted on the site plan for the project proposal and the enclosed Bocial.Permit Conditions of Ap rp oval dated March 26, 2003 (as modified by Planning Commission Resolution No. 11837). The Planning Commission also approved Vesting Tentative Tract Map No. 5101/UGM subject to the conditions noted on the tract map and the enclosed Conditigns of Aunroval for Vesting Tentative Tract No.5101/UGM dated March 26,2003(as modified by Planning Commission Resolution No.11836). Mr. Leo Wilson Rezoning Application No. R-02-27 Conditional Use Permit Application No. C-02-249 Vesting Tentative Tract Map No. 5101/UGM Page 2 April 25, 2003 EXPIRATION DATES The exercise of rights granted by this special permit must be commenced by April 16, 2007(four years from the date of Planning Commission approval). Please note: to complete the backcheck process for building permits relative to planning and zoning issues, submit eight copies of the corrected site plan and six copies of the elevations, landscape and irrigation plans,together with any required covenants(or preparation fees)and studies or analysis to the Planning Division for final review and approval, ten days before applying for building permits. Copies of the final approved site plan, elevations, landscape and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the four sets of construction plans submitted for plan check prior to the issuance of building permits. On-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscaped and irrigation plans are included in the plan check field copy. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, P NTNG ISION 14ie � Shel hamberlain, Planner K\Master Files-2001-2002\R-02-027-C-02-249-SAMR-02-27-C-02-249-T-5101-Final Action Letter.wpd Enclosures: Ordinance Bill No. 2003-31 Planning Commission Resolution Nos. 11835, 11836, 11837 Conditions of Approval for Conditional Use Permit No. C-02-249 dated March 26, 2003 Conditions of Approval for Tentative Tract Map No. 5101/UGM dated March 26, 2003 c: Fresno County Assessor Stan Harbour, Harbour and Associates ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Duncan SECONDED BY--gages BILL NO. B-32 ORDINANCE NO. 2003-31 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, 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, Rezoning Application No. R-02-27 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, the Northeast Area Plan and Implementation Committee considered this application at its meeting of December 19, 2002 and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 16th day of April, 2003 to consider Rezone Application No. R-02-27 and related Environmental Assessment No. R-02-27/C-02-249/T-5101, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AL-20 (County) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 22nd day of April, 2003, received, the recommendation of the Planning Commission and concurs.therewith. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: - SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interests of the City of Fresno. The Council finds in x ^1 C Ordinance Amending Official Zone Map Rezoning Application No. R-02-27 Page 2 accordance with their own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Environmental Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 26, 2003, prepared for Environmental Assessment No. R-02-27/C-02-249/T-5101. Accordingly, Environmental Assessment No. R-02- 27/C-02-249/T-5101 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing medium low density residential land use designation of the 2025 Fresno General Plan and Woodward Park Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the AL-20 (County) to the R-1/UGM zone district. West% of the Northeast 1/4 of the Northeast 1/4 of Section 14, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, Fresno County Records. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage, and upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5101/UGM four any portion of the property encompassed by said tentative tract map for which_a final map is recorded.' 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 22nd day of April , 2003, by the following vote: Ayes: Calhoun, Castillo, Dages, Duncan, Perea, Sterling Noes: Boyajian Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED S TO F RM: HILDA C TO MO O ' ey By Rezoning Application No. R-02-27 Deputy Filed by Leo Wilson Homes, Inc. Parcel No. 577-010-09 KVNaster Files--2001-2002W-02-027-C-02-249-SACNR-02-27-Ordinance Billmpd CAV to — REPORT TO TN kANNINtla COMMISSION AGENDA ITEM NO. VII—A COMMISSION MEETING 4/16/03 April 16, 2003 4PP#&VZV FROM: STAFF, Planning Division 6 1 . Planning and Development Department DEPARTMENT RE SUBJECT: CONSIDERATION OF REZONING APPLICATION NO. R-02-27, CONDITIONAL USE PERMIT APPLICATION NO. C-02-249 AND VESTING TENTATIVE TRACT MAP NO. 5101AJGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-02-27/C-02-249/T- 5101 (CONTINUED FROM MARCH 19 AND APRIL 2, 2003) EXECUTIVE SUMMARY The above-noted applications have been submitted by Leo Wilson Homes,Inc.,for 19.55 acres of property located on the south side of East Copper Avenue, between North Maple and North Cedar Avenues. The applicant is proposing to develop the site with a 52-lot single family residential gated subdivision with private streets. This hearing was-continued from the two previous Planning Commission meetings to allow the developer to-address their concerns regarding the tract map and conditional use permit conditions of approval. These issues are: • Second Point of Access to site • UGM Major Street Improvement Requirements • Private cul-de-sac on East"E" Lane The applicant has met with Fire Department staff regarding the second point of access and has come to agreement regarding possible solutions. The conditions of approval will require a second point of access, approved by the Fire Department, prior to final map approval. The applicant also met with staff of the Transportation Planning Section of the Public Works Department regarding UGM Major Street Improvements. The applicant was required, in a letter dated November 19, 2002, from the Transportation Planning Section, to construct UGM major street improvements on Cedar Avenue between East Copper and East Olympic Avenues. A revised letter, dated April 10, 2003, has been received from the Transportation Planning Section which allows the applicant the option of constructing either Maple or Cedar Avenues in order to meet the UGM major street requirement. Finally, the applicant and Planning staff met with representatives of the Solid Waste Divislon and agreed that the applicants design for the westerly cul-de-sac of East"E" Lane was acceptable provided that the following conditions are met:the driveways of lots 18 and 19(Exhibit A-1,dated March 20,2003)be across from each other and be offset no more than 4 feet, the driveways of lots 18 and 19 must be approved by the Public Works Department and/or the Solid Waste Division to ensure the driveways can support the weight of the Solid Waste trucks and the driveways of lots 18 and 19 must have a minimum width of 16 feet. If the tentative map is approved, all of.the above-noted conditions will be included in the resolution of approval. CONCLUSION/RECOMMENDATION 1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental Assessment No. R-02-27/C-02-249/T-5101 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report(MEIR 10130). 2. RECOMMEND APPROVAL to the City Council of Rezoning Application No. R-02-27,to become effective for any portion of the Tract for which a final map of Vesting Tentative Tract No. 5101/UGM is recorded. 3. APPROVE Vesting Tentative Tract Map No.5101/UGM subject to compliance with the Conditions of Approval dated March 26, 2003 (subject to the-recommended revisions noted above). 4. APPROVE Conditional Use Permit Application No. C-02-249 subject to compliance with the Conditions of Approval dated March 26, 2003 (subject to the recommended revisions noted above). Attachment: Planning Commission Report dated April 2,2003 FRESNO CITY PLANNING COMMISSION RESOLUTION NO.11837 The Fresno City Planning Commission at its regular meeting on April 16, 2003, adopted the following resolution relating to Conditional Use Permit Application No. C-02-249. CONDITIONAL USE REQUESTED: 52-lot gated, private street single family residential development PROPERTY LOCATION: 1749 East Copper Avenue (APN 577-010-09) PROPERTY DESCRIPTION: South side of East Copper Avenue, between North Maple and North Cedar Avenues EXISTING/PROPOSED ZONING: AL-20 (County) zone district to the R-1/UGM zone district WHEREAS. the Northeast Area Plan and Implementation Committee considered this application at its meeting of December 19, 2002, and recommended approval of the project; and, WHEREAS, the Fresno City Planning Commission during its April 16, 2003 meeting, reviewed and considered the subject conditional use permit application relative to the staff report and the environmental assessment Finding of Conformityto the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated February 26, 2003, issued for the project; and, WHEREAS, the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit Application No. C-02-249 is approved, subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5101/UGM (Exhibit A-1 dated March 20,2003)and the Conditions of Approval for T-5101 dated March 26, 2003. 2. Development shall take place in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-02-249, dated March 26, 2003, and. Exhibits B, dated November 6, 2002, B-1, C and D, dated March 20, 2003, with the following modification: PART B-GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission on April 16, 2003, considered the special permit application subject to the enclosed list of conditions and Exhibits"A-(November 6,2002), "B-(November 6,2002), "B-1- (March 20, 2003), "C- (March 20, 2003), `DD" (March 20, 2003). Exhibit "B-may be modified regarding the required cul-de-sac turnaround for the East"E"Lane private stub street. The requirement to install a bulb-type turnaround maybe waived subject to the following conditions: the driveways of lots 18 and 19(as shown on Exhlblt A-1, dated Manch 20,2003)be across from each other and be offset no more than 4 feet;the structural cross-section of the driveways of lots 18 and 19 shall be approved by the Public Works Department and/or the Solid Waste Division to ensure the.driveways can support the weight of the Solid Waste trucks,and,.the driveways of lots 18 and 19 must have a minimum width of 16 feet. (These conditions were provided by the Public Utilities Department, Solid Waste Division in a memo to Planning and Development Department staff dated April 11,2003.) Cay of ■�`��� REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VII-A COMMISSION MEETING 4/2/03 April 2, 2003 APPROVED BY FROM: STAFF, Planning Division Planning and Developm me DEPARTMENTDIRECT �— SUBJECT: CONSIDERATION OF REZONING APPLICATION NO. R-02-27, CONDITIO L USE PERMIT APPLICATION NO. C-02-249 AND VESTING TENTATIVE TRACT MAP NO. 101/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-02-27/C-02-249/T- 5101 EXECUTIVE SUMMARY Rezoning Application No. R-02-27 proposes to change the zone district from AL-20(County)to R-1/UGM(Single Family Residential/Urban Growth Management) for 19.55 acres of property located on the south side of East Copper Avenue, between North Maple and North Cedar Avenues. The applicant, Leo Wilson Homes, has also filed Conditional Use Permit Application No.C-02-249 and Vesting Tentative Tract Map No.51 01/UGM proposing to subdivide the subject property into a 52-lot single family residential gated subdivision with private streets at an overall density of 3 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Woodward Park Community Plan. PROJECT INFORMATION PROJECT: A 52-lot single-family residential subdivision on approximately 19.55 acres (gross) of property to be developed at an overall density of 3 units per acre APPLICANT: Leo Wilson Homes (Engineer: Harbour and Associates) LOCATION: South side of East Copper Avenue, between North Maple and North Cedar Avenues (Council District 6, Councilmember Duncan) SITE SIZE: 19.55 acres LAND USE: Existing - Vacant Proposed - Single Family Residential ZONING: Existing: AL-20 (County) Proposed: R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION Proposed R-1/UGM zone district and 52-lot single family residential AND CONSISTENCY: subdivision is consistent with 2025 Fresno General Plan and Woodward Park Community Plan designation of the site for Medium Low Density Residential land use (2.19 to 4.98 units per acre) ENVIRONMENTAL FINDING: Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130) dated February 26, 2003. PLAN COMMITTEE Northeast Area Plan and Implementation Committee RECOMMENDATION: recommended project approval on December 19, 2002. REPORT TO THE PLANNING COMMISSION Rezoning Application No. R-02-27 Conditional Use Permit Application No. C-02-249 Vesting Tentative Tract Map No. T-5101/UGM April 2, 2003 Page 2 STAFF RECOMMENDATION: Recommend approval of rezone application and approve conditional use permit application and tract map subject to compliance with the Special Permit Conditions of Approval for Conditional Use Permit No. C-02-249 dated March 26, 2003 and Conditions of Approval for T- 5101 dated March 26, 2003. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Public Facilities AL-20(County) Golf Course and Vacant South Medium Low Density Residential R-1/UGM Single Family Residential (Single Family Residentiall Urban Growth Management) East Medium Low Density Residential AL-20 (County) Vacant and Rural Residential West Medium Low Density Residential AL-20 (County) Vacant (Approved by City Council (Pending Single Family ResidentiaQ for R-1/UGM upon annexation ENVIRONMENTAL FINDING ; The initial study prepared for Environmental Assessment No. R-02-27/C-02-249/T-5101 considered potential environmental impacts associated with the subject rezoning,conditional use permit and subdivision map request. The study indicates that the project,if approved,would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore,staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 26,-2003, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within, the 20-day review and comment period. BACKGROUND/ANALYSIS The applicant,Leo Wilson Homes,has filed Rezoning Application No.R-02-27,Conditional Use Permit No C-02- 249 and Vesting Tentative Tract Map No. 5101 for 19.55 acres of property located on the south side of East Copper Avenue between North Maple and North Cedar Avenues. The rezone application is requesting a zone change from the AL-20 (County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract Map No.5101 is proposing to subdivide the subject property into 52 single family lots for a density of 3 units per acre. On November 19,2002,the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Woodward Park Community Plan. The updated Community Plan designates the subject property for medium low density residential land use. The applicant wishes to pursue development of the subject property with 52 single family homes.The requested R-1/UGM zone district conforms to this medium low density residential land use designation as indicated by the 2025 Fresno General Plan's"Planned Land Use and Zone District Consistency Matrix". REPORT TO THE PLANNING COMMISSION Rezoning Application No. R-02-27 Conditional Use Permit Application No. C-02-249 Vesting Tentative Tract Map No. T-5101/UGM April 2, 2003 Page 4 Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of the lots in the subdivision exceed the minimum lot size requirement. In addition,all lots exceed the minimum lot width (60 feet) and depth (100 feet) as required by the R-1 zone district. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and Woodward Park Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Action by the Planning Commission on the tract map and conditional use permit application, unless appealed to the City Council, is final. The rezone application will be referred to the City Council for final action. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map,together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos.2-5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development(Finding No. 6 below). 1. The proposed subdivision map,together with its design and improvements is consistent with the City's 2025 General Plan and any applicable specific plan, because the Woodward Park Community Plan designates the site for Medium Low 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 ortheirhabitat, because of the urbanized nature of the area in which the site is located. J 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. REPORT TO THE PLANNING COMMISSION Rezoning Application No. R-02-27 Conditional Use Permit Application No. C-02-249 Vesting Tentative Tract Map No. T-5101/UGM April 2, 2003 Page 6 Action by the Planning Commission regarding the rezoning application will be a recommendation to the City Council. Planning Commission action of the proposed tentative tract map and conditional use permit, unless appealed to the Council, is final. CONCLUSION/ RECOMMENDATION 1. RECOMMEND APPROVALto the City Council of the environmental finding of Environmental Assessment No. R-02-27/C-02-249/T-5101 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report(MEIR 10130). 2. RECOMMEND APPROVAL to the City Council of Rezoning Application No. R-02-27,to become effective for any portion of the Tract for which a final map of Vesting Tentative Tract No. 5101/UGM is recorded. 3. APPROVE Vesting Tentative Tract Map No. 5101/UGM subject to compliance with the Conditions of Approval dated March 26, 2003. 4. APPROVE Conditional Use Permit Application No.C-02-249 subject to compliance with the Conditions of Approval dated March 26, 2003. KAMaster Files--2001-2002\R-02-027-C-02-249-SAC\R-02-27-C-02-249-T-5101-PCR.wpd Attachments: Vicinity Map Tentative Tract Map No. 5101/UGM dated March 20, 2003 Site Plan for Conditional Use Permit Application No.C-02-249 Exhibit B-1 dated March 20,200J Conditions of Approval for T-5101/UGM dated March 26, 2003 Conditions of Approval for Conditional Use Permit Application No. C-02-249 dated March 26, 2003 Parks Division memorandum dated December 4, 2002 Fire Department memoranda dated November 7, 2002 and February 10, 2003 Transportation Planning Division letter dated November 19, 2002 FMFCD memorandum dated December 16, 2002 Clovis Unified School District letter dated November 15, 2002 San Joaquin Valley Air Pollution Control District letter dated November 6, 2002 Environmental Assessment No. R-02-27, C-02-249, T-5101/Finding of Conformity to MEIR No. 10130 dated February 26, 2003. i , E. COPPER AVE. a ' r ■ s w■ w n w • w ■ w. w ■ a •r w w w ■ ■ • w w w w w • w ••- w r � twww u w ■ rr••■ pr« a E w w • � n w • w M • w w ~ ■ � � w wwww ■ w ■ w . w w ww • w r■ w e w w • s • • • • w ■ t ■ • w o • • w� w w 1 w ■ • w ww � w ■• • ■ '• � w 1 t w N� ♦ • w 4`�F w • wl•1 w w w •r • R M w N ■ w w • w � � w ■ w w w w n w .- OAK !3 - r '• • w• w•� w w " cac R-VIJG A • • ■ ll • ' • r t w•a■■ w■•w w c z n w w ■ i • • • www n � E. INTERNATIONAL AVE. "C][Nr V MAID PLANNING & DEVELOPMENT CONDITIONAL USE PERMIT NO. C-02-249 N DEPARTMENT REZONING APPLICATION NO. R-02-027 A.P.N.: 577-010-09 From AL-20(County)to R-1/UGM W. E TENTATIVE TRACT MAP NO.T-51 01 ZONE MAP: 1352 1749 E.COPPER AVE. NOT TO SCALE BY/DATE: J.S./ 3-3-03 rp a �IuuuuIj''! � V nIIIII i ca s 3 > g' ' Z J 1R LLJ 04 iu aag F 3vMV RuoR Gil jig u f / - E ! --- a � 1 1 � 1 . : s � ,c i •• s . • 1 Ji 1M�Y 1100.• -- J� ��� � � — LYi z x :1 : x 1 s ki ! z � �� f 9 2 �j Z uj loll V ia [ ! a 91 1 r� Q. !a I of[[ ; E. 6 w 1. IC I a Z ® [ t OD t J ' I i 4. ` � �rvanr paddoo waoa+ � [ w U i T— A- 1 1 �, 1 I i 1 — I tv Ul )07 —r— AS .4 V r City of Fresno March 26, 2003 Planning and Development Department CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 5101/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. 5101/UGM entitled Exhibit "A-1" dated March 20, 2003. 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. 4. 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. 5. The subdivider shall pay applicable fees for, but not limited to, street trees, street signs, water fees, sewerfees,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. 6. 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. 7. Relinquish access rights to East Copper Avenue from all residential lots which abuts this street. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. Conditions of Approval Vesting Tentative Tract No. 5101/UGM Page 3 March 26, 2003 Buildina Setbacks 16. The proposed R-1/UGM Zone District requires a minimum 20-foot front yard building setback. Conditional Use Permit Application No. C-02-249 was filed to allow a front yard setback minimum of 15 feet so the site could accommodate a side-on garage face as shown in Exhibits C and D, dated March 20, 2003. 17. Building setback lines shall be as shown on Exhibit"B-1" dated March 20, 2003 of Conditional Use Permit No.C-02-249,which shall include an eight(8)foot side yard building setback on the key lot side of proposed lots 1, 7, 8, 13, 14, 18 and 19. 18. Lots 19 through 26, inclusive, shall have a forty(40)foot building setback along East Copper Avenue as shown on Exhibits A-1 and B-1 dated March 20, 2003. Information 19. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract map shall be subject to approval of the Solid Waste Manager. 20. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. 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 forthe 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. 21. Pay school construction fees to the Clovis Unified School District in accordance with the adopted schedule of fees, prior to the issuance of building permits for the subdivision. 22. Contact the United States Postal Service-Fresno Office for the location and type of mailboxes to be installed in this subdivision. 23. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple final maps shall not detract from the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps,' any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Chapter 12, Article 10 of the Fresno Municipal Code (Subdivision of Real Property). 24. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank,cesspool orwaterwell.. All permits shall be obtained prior to commencement of such work, in accordance with Chapter 13 of the Fresno Municipal Code. �" - Conditions of Approval Vesting Tentative Tract No. 5101/UGM Page 5 March 26, 2003 STREETS AND RIGHTS-OF-WAY 32. The subdivider shall make provisions for the physically handicapped in accordance with the Department of Public Works standards and as required by State law. 33. All existing and proposed utility systems shall be installed underground in accordance with Section 12-1011(h) of the Fresno Municipal Code. The subdivider's attention is directed to the installation of street lights in accordance with Resolution Nos. 68-187, 78-522, 81-219 and 88-229. 34. The subdivider shall fumish 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. 35. 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 oras directed by the Engineer. 36. All of the required street improvements,including proposed private streets,shall be constructed and/or installed in accordance with City of Fresno standard specifications, unless modified by the Directorof the Public Works Department. 37. No raised concrete will be allowed within street right-of-way. 38. Access to the subdivision will be limited to right-in/right-out only. 39. 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. 40. Wherever street furniture is proposed or existing within the proposed sidewalks a minimum of 4 feet unobstructed sidewalk path should be maintained to comply with ADA requirements. If necessary dedicate a pedestrian easement to accommodate for the 4 .feet minimum unobstructed path requirement. 41. East CoanerAvenue 012 ft. Arterial Standards)—Dedicate 89 feet(from section line) of right of way for public street purposes to a 112-ft wide Arterial street standard as required by Public Works Transportation Planning Section in a letter dated November 19, 2002 and as shown on Exhibit A-1 dated March 20, 2003. 42. Construct concrete curb and gutter, 8-foot sidewalk(four foot concrete sidewalk), and any transition paving as necessary. 43. Construct an underground street lighting system per E-1 of Public Works standards within the limits of this tract. Spacing and design shall conform to Public Works standards for superarterial streets. 44. Relinquish direct access to East Copper Avenue from lots 19-26, inclusive, of this tract. 45. Handicap access ramps are required at all comers within the limits of this tract. Conditions of Approval Vesting Tentative Tract No. 5101/UGM Page 7 March 26, 2003 lift stations and wastewatertreatment facilities. This tract is subject to the findings procedure for sewer service associated with the Woodward Park Community Plan EIR. The following conditions are required to provide sanitary sewer service to the tract. 52. The developer shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. 53. The developer shall participate in construction of a sewer lift-station and force-main facilities as approved by the City of Fresno. 54. Provide a separate house branch to each lot created. 55. All public sanitary sewer facilities shall be constructed in accordance with Public Works standards, specifications, and policies. 56. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. Urban Growth Management Reauirements It has been determined that the 42-inch segment of the Hemdon Trunk Sewer between Fresno Street and Howard Avenue will be impacted as a result of this project; therefore, the developer shall construct the following improvements prior to issuance of occupancy permits unless otherwise stated: 57. The developershall be required to enhance(by pipe lining)the 42-inch segment of the Hemdon Trunk Sewer between North Fresno Street and North Howard Avenue as a result of this project. 58. The developer shall replace or enhance the existing 21-inch section of the sewer main to the capacity of the 42-inch sewer main immediately upstream. Match the upstream of the 42-inch sewer main located in North Cedar between East Hemdon and East Fir Avenues. 59. Construct MasterPlan Sewer Lift Station on East CopperAvenue,between Cedar and Maple Avenues, and force-main facilities as approved or directed by the City of Fresno. As an alternative to the above: 60. The City is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impacts on the sewer system. WATER SERVICE The nearest existing water mains are: a 14-inch Transmission Grid Main (TGM) water mains in East International Avenue at the intersection of Cedar and Olympic and in North Maple Avenue,north of Behymer. Upon demonstration through the findings process in compliance with the Woodward Park Community Plan Verification and Monitoring Procedures for Water Service, it has been determined that an adequate source of potable water is available subject to mitigation measures as described below, to meet City, State, and Conditions of Approval Vesting Tentative Tract No. 5101/UGM Page 9 March 26, 2003 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 priorto final map approval,the developer must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The developer shall furnish to the City Public Works Department, Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the Real Estate Section) prior to preparation of a Subdivision Agreement. The developer/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition,including staff time,attorney's fees,appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL 74. The subdividershall be required to pay any applicable storm drainage fees_ to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 75. 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..m clifications. 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 December 16, 2002. 76. 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. PRIVATE DITCHES/CANALS 77. Existing private ditches and canals shall be piped underground. The developer may also fill in the ditch or canal if they provide proof that the canal does not serve anyone else downstream. DEVELOPMENT FEES AND CHARGES 78. This project is subject to the following development fees and charges: Conditions of Approval Vesting Tentative Tract No. 5101/UGM Page 1.1 March 26, 2003 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 17. UGM Fire Station Capital Fee $1388/gross acre Service Area: 21 18. UGM Park Fee $1690/gross acre Service Area: 7 19. Major Street Charge $2500/adj. acre Service Area: F 20. Major Street Bridge Charge $50/adj. acre Service Area: F 21. Traffic Signal Charge $860/adj. acre 22. UGM Grade Separation Fee n/a 23. UGM At-Grade Railroad Crossing Fee n/a Service Area: 24. Trunk Sewer Charge n/a Service Area: 25. *Street Acquisition/Construction Charge n/a KAMaster Files--2001-2002\R-02-027-C-02-249-SAC\TTM-5101-COA wpd Conditions of Approval Conditional Use Permit No. C-02-249 Page 2 March 26, 2003 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures otherthan those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated November 6, 2002 and March 20,2003)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected,final site plan,together with six copies of the elevations, landscape, and irrigation plans,and any required covenants and/orstudies oranalyses to the Planning Division, Project Evaluation Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check priorto issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorizednu less the final stamped!approved siWplan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Cali Shelby Chamberlain at 559/621-8042. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions forthis 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, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. Conditions of Approval Conditional Use Permit No. C-02-249 Page 4 March 26, 2003 EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However,no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 5. The proposed R-1 lots(Lots 1 thru 52)may have reduced front yards of 15 feet to accommodate a side-on garage as shown in Exhibits C and D`dated March 20, 2003. Lots 1, 7, 8, 13, 14, 18, and 19, which are keylots, may have a reduced side yard of 8 feet as shown on Exhibit B-1 dated March 20,2003. All encroachments into rear yards shall be subject to Site Plan Review. 6. Lots 19 thru 26 shall have a minimum main rearyard building set back of 40 from the property line. 7. Provide the following minimum landscaped areas: a. 15-20 feet front yards (R-1). b. 20 feet along easterly boundary of tract for emergency access C. 20 feet along northerly boundary of tract No structures of any kind may be installed or maintained within the above-landscaped areas No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers,etc.shall be shown on th�e'site plan. The backflow device shall be screened by landscaping or such other means as maybe approved. 8. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Development Department. (Put this note on the site and landscape plans.) FENCES. HEDGES, AND WALLS 9. Walls and gates shall be in compliance with Exhibits B,dated November6,2003,and B-1,dated March 20, 2003. 10. Temporary fences to secure projects underconstruction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS 11. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5101/UGM dated March 26, 2003. Conditions of Approval Conditional Use Permit No. C-02-249 Page 6 March 26, 2003 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 18. Comply with attached San Joaquin Valley Air Pollution Control District letter dated November 6, 2002, and attached policies on dust and ozone mitigation. PART F- MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: If archaeological and/oranimal 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/Southem 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 furthersite 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, 'rf the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files--2001-2002\R-02-027-C-02-249-SACC-02-249-COA.wpd City of ccsca-%s,I FRESNO FIRE DEPARTMENT DATE: r 6Z MEMORANDUM T0: s SGcf6thl ���..✓ FROM: /`"l,ke Sc4.,..lf, SENIOR FIRE PREVENTION INSPECTOR SUBJECT: V -, TRACT NO. Slo MEETING OF (DATE): Fire Department Comments are as follows: 1 . This project is within 2 miles of Fire Station No. 2. This project is subject to UGM Fire service fees for Fire Station No. I ( . 3. Provide rnefg6l (residentia hydrants and fire flows per Public Works Standards with two sources of water. 4. Access is acceptable as shown. 5. Access is not acceptable: &:. Cte seca%,,J I�ccu-5- e>r Ge,-.,Iv S SC�ca...P gccc ss u,- oP �t �Pe . • 6. This tract is in the Station 21 UGM Fee area and is required to be annexed to the Community Facilities District No. 1 . (� z L1S.J 7. Other: + coo JJ Z J Q Z P�Ow.t'e ���y Sc�e �� /a�P�• Y 92S 5� co O o I.- w ) v> J M/O MEANS OF INGRESS/EGRESS EIRE HYDRANTS SHALL PE TENTED, MUST BE MAINTAfNE . •--' ED � AND:ALL 1a^t^.`S� ROADS o ti ALL PHASES -OF DEVELOPMENT SHALL BE INrTkLLE U :ai1J P1;f+DE 2543I/78I SERVICEABLE PRIOR -i-O a �o ti AND DURING THE THME OF COP.! ,TRI IC i InN Frew IbAFd City of City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm 4064 Mark Williamson,PE Fresno,CA.93721-3623 Assistant Director www.fresno.gov November 19, 2002 TO: Shelby Chamberlain, Planner II Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Transportation Planning Supervisor Public Works, Transportation Planning Section FROM: David Padilla, Senior Engineering Technician Public Works, Transportation Planning Sectio SUBJECT: TT 5101, Public Works Conditions of Approval The Public Works, Transportation Planning Section, has completed its review of Tentative Tract Map 5101, which was submitted by Leo Wilson.Company, Incorporated. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. Frontage Improvement Requirements: Handicap access ramps are required at all comers within the limits of this tract:All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current CalTrans standards and 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. Major streets: East Copper Avenue (Super Arterial): 1. Dedicate an easement for public street right-of-way 89-feet from section line-contiguous to the, frontage of this tract and transitional paving as required during street plan review . 2. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for super arterial streets. 3. Construct concrete curb, gutter, and 8-foot concrete sidewalk pattern (4-foot concrete sidewalk). 4. Relinquish direct vehicular access rights from all lots adjacent to East Copper Avenue. 5. No raised concrete median within street right-of-way. 6. Access to the subdivision will be limited to right-In/right-out only. 7. Additional requirements may be imposed upon Conditional Use Permit review. Minor streets (Interior): 1:\Tmcts\tmct5101.d0e File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER �C�1 1D=1 Mr. Alan Kawakami,Chief Engineering Tech.LEO WILSON CO., INC. DEC 18 2002 Development Services Department 1233 W. SHAW AVE.,#105 City of Fresno FRESNO, CA 93711 DEVELOPMENT DEPARTMENT 2600 Fresno Street _ CITY OF FRESNO Fresno, CA 93 721 0 MAP NO. 5101 PRELIMINARY FEES See below DRAINAGE AREA(S) DE - DRAINAGE AREA " DE " $101,515.00 DATE I Z— I(�. 2 DRAINAGE AREA is - TOTAL FEE $1017515.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this ■ development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to O 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. 5101.ia. 5469 E.OLIVE - FRESNO,CA 93727 - (559)4563292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS } Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, August 1999 (available at the District Office.) A State General Construction Permit is required for all clearing,grading, and disturbances to the ground that result in soil disturbance of at least five acres(or less than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a Z storm water pollution prevention plan, eliminate non-storm water discharges, O 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. j b. State General Permit for Storm Water Discharges Associated with Industrial O Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling;-and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5469 E.OLIVE - FRESNO,CA 93727 --(559)456-3292 - FAX(559)456-3194 Two sided document 1 NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. BASIN "DE" 15' 0 24' • ti k E COPPER AVE. �• 48' N I 36' .—•—.—. — 24' 30 •— I ii I I iii � I I I ii� ♦ I I W N Q j( I \ I I \ I \ I � I \� AM I I w 577-01-11 -1 Q SCALE 1"-300' \ 1? M 14 I I PRESTWICK \tVE I I \ PRESTWICK AVE. I I Z \ aI I I \ Z \ Y co I TRACT 5101 EXHIBIT NO. 1 DRAINAGE AREA: "DE" PAGE 1 OF 2 FRESNO ' METROPOLITAN - FLOOD CONTROL DISTRICT- d:\E"caUNOWTouo\owcs\OEXMWn\TRACTs\5101.owc ICM. +EE �za�z NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. T-jL--@ FUTURE MASTER PLAN FACILITIES - EXISTING MASTER PLAN FACILITIES ® AREA OF EXCAVATION REQUIRED BY DEVELOPER (6,000 CUBIC YARDS) 91 TEMPORARY OUTFALL TO BE CONSTRUCTED BY DEVELOPER (NOT ELIGIBLE FOR CREDIT) ® TEMPORARY TYPE "E" INLET TO BE CONSTRUCTED BY DEVELOPER (NOT ELIGIBLE FOR CREDIT) DIRECTION OF DRAINAGE ------ INLET BOUNDARY ••• DRAINAGE AREA BOUNDARY ® EXISTING STORM DRAIN EASEMENT TRACT 5101 EXHIBIT NO. t DRAINAGE AREA: "DE" .• � PAGE 2 OF 2 . 'FRESNO METROPOLITAN FLOOD -CONTROL DISTRICT lAD. u•aaoz J:\EMCMIE�NC\H1fOfi1D\DMGS\OEXNiB/!\7RACT5\51 OI AMC ler. OTHER REQUIREMENTS EXHIBIT NO. 2 The District recognizes that the Developer's proposed street patterns for Tract 5101 are not consistent with the alignment of the Master Plan facilities, as identified on Exhibit No. 1. The storm drain facilities maybe slightly realigned to be compatible with the proposed street layout for Tract 5 10 1. However, the drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No. 1. The storm drain facilities in Copper Avenue as identified on Exhibit No. 1 are tentative only, and may change pending the relocation of Basin"DE" and Master Plan finalization for this drainage area. Please contact the District prior to commencement of the storm drain design. A fifteen-foot(15')storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations,roof overhangs, swimming pools, and trees. The District recommends a stub street to the vicinity of Lots 49 and 56. This is necessary to provide surface drainage from APN No. 577-010-11 and 13 to Tract 5101. If the stub street is not constructed,then the Developer of Tract 5101 will be responsible for the non-fee creditable cost of a pipe extension to the Southeast property line of APN No. 577-010-11. Development No. Tract 5101 Sheet 2 of 2 eng\permits\exhibits2\tract\5101(ns) tAOV. 19.2002 7.57AM CLOVI� 1JN1F SCH DIST N0.43S P.3 Shelby Chamberlain November 15,2002 Page 2 (c) The District owns an elementary school site at the northwest comer of Cedar and Olympic Avenues. The District is planning to construct a school on this site by the 2004-05 school year. 3. Intermediate and High School Information: (a) The project area is currently served by the following intermediate school (grades 7-8) and high school(grades 9-12); School Name: Alta Sierra Intermediate School Address: 380 W.Teague Avenue, Clovis,CA 93611 Telephone: (559) 327-3500 Capacity: 1,377 Enrollment: 1,477(CBEDS enrollment 2002-03 school year) School Name: Buchanan High School Address; 1560 N.M[innewawa, Clovis, CA 93611 Telephone: (559)327-3000 Capacity: 21835 Enrollment: 2,490(CBEDS enrollment 2002-2003 school year) (b) The District will be constructing its fifth high school and fifth intermediate school at the northwest corner of Willow and International Avenues. These facilities are planned to be constructed and operational in approximately four to five years, depending on enrollment growth and funding availability. 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high " schools in accordance with District standards in effect at the time of enrollment. 5. The Clovis Unified School District currently levies a fee of$2.50 per square foot for residential development.Any new development on the subject property will be subject to the development fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. San .Joaquin Valley Air Pollution Control District November 6, 2002 REMOVED131 DEV2002 N O V U C 200 Shelby Chamberlain Planning Divlsioft Planning Division Development Department 2600 Fresno Street CITY OF FI;F3a:0 Fresno CA 93721-3604 Subject: A-02-11, R-02-27,C-02-249(APN 577-01-09) Dear Ms. Chamberlain: The San Joaquin Valley Unified Air Pollution Control District(District)has reviewed the projects referenced above and offers the following comments: . The entire San Joaquin Valley is non-attainment for.ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic 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. Current District rules can be found at http://www.valleyair.orq/rules/1 ruleslist.htm. 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments. A synopsis highlighting many of the requirements of these regulations has been enclosed. ) 2. 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 or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material may not be burned if the land use is converting from agriculture to nonagricultural purposes. 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 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.vaffeyair.org Ms. Chamberlain November 6,2002 A-02-11, R-02-27, C-02-249 Page 3 ❖ The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are many rebate and incentive programs that encourage different types of alternative energy sources. More information can found at http://www.dsireusa.or-ci http://www.energy.ca.gov/renewables/ ❖ Require construction equipment used at the site be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, Califomia Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. Diesel catalysts effective at reducing NOx may not currently available, but should be available soon. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at 230-6000. Sincerely, / Chrystal Lf Meier CEQA Intern Enclosures 3 San Joaquin valley Air Pollution Control District COMPLIANCE-ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites s Regulation Vlll, Fugitive PM10 Prohibitions,of the District's Rules and Regulations regulates activities that generate fugitile dust. Fugitive dust is emitted to the air from open ground or caused by activities such as,excavation, transporting bulk materials, or travel on unpaved surfaces. "PM10" is a term applied to small sized particulate matter-microscopic dust particles-in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002. The followingdust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20%opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on traffic areas, phasing work to:limit dust,and setting up wind fences to limit wind blown dust. VDE opacity of 20% means the amount of dust that would obstruct the view of an object by 20%. Soil stabilization. Soil stabilization-is required at any construction site after normal working hours and on weekends and holidays.; This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust4n the soil is an effective method for stabilizing a disturbed surface area. Long-term m4thods Include applying dust suppressants or establishing vegetative cover. Restrittiing vehicle access from the area will help to maintain a stabilized surface. Information rega,(ding stabilization standards and test methods are in Rule 8011 —General Requirements. , Carryout and Trackout. These requirements are found in Rule 8041 —Carryout and Trackout. Carryout and trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and.trackout occur, It must bg cleaned up at least daily, and immediately if it extends more than 50 feet from the e4-ft point onto a paved road. The recommended clean- up methods include manually sweep*g, sufficiently wetting the area prior to mechanical sweeping to limit VDE or using a PM1b-efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region OfficeCentral Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700'M'Street,Suite 275 Modesto,CA 95356-9321 Fresno,CA"93726-0244 Bakersfield,CA 93301-2370 (209) 557-6400 ♦ FAX(209) 557-6475 (559)230-6000 • FAX(559)230-6062 (661)326-6900 • FAX(661) 326-6985 CITY OF FRESN ENVIRONMENTAL ASSESSMEI Y INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resources Code DATE REC F J fl (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact 2003 FFB 26 PM 2: 49 Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. CITY CLERK, FRESNO CA Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559)621-8277 Applicant: Initial Study Prepared By: Leo Wilson Shelby Chamberlain, Planner II 1233 West Shaw Avenue, Suite 105 February 26, 2003 Fresno, CA 93711 Environmental Assessment Number: Project Location (including APN): Rezoning No. R-02-27 The south side of East Copper Avenue, between North Cedar Tentative Tract No. 5101 and North Maple Avenues (APN: 577-010-09) Conditional Use Permit No. C-02-249 Project Description: Rezoning Application No. R-02-27 proposes to rezone approximately 20 acres of property located on the south side of East Copper Avenue, between North Cedar and North Maple Avenues, from the AL-20 (County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Tentative Tract Map No. 5101 is proposing to subdivide the subject property into 56 single family residential lots and common lots for private street and landscaping purposes at a density of 2.9 dwelling units per acre. Conditional Use Permit Application No. C-02-249 proposes the creation of gated private streets and common landscaped areas for the proposed residential lots. The property is within the jurisdictions of the Woodward Park Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium low density_ residential planned land use (2.19 to 4.97 units per acre). The project also includes the detachment of the subject property from the Fresno County Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. - The subject site is currently vacant and is surrounded by single family development to the south,rural residences to the east and vacant land to the west and north. Tentative Tract Map No. 5010 has been approved for development of 99 single family residential lots on adjacent property to the west. Conformance to Master Environmental Impact Report(MEIR NO. 10130): As previously indicated, the recently adopted 2025 Fresno General Plan designates the subject parcel for medium low density residential planned land use. The requested R-1/UGM zone district conforms to this medium low density residential land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix". The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested rezoning in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report(MEIR) No. 10130. The subject property is proposed to be developed with single-family residential uses at an intensity and scale that Js permitted by the planned land use and proposed zoning designations for the site. Thus, the rezoning will not facilitate an additional intensification of uses beyond thatwhich already exists.orwould be allowed by the above- noted planned land use designation. Moreover, it is not expected that the existing and future development,_per. ENVIR AMENTAL ASSESSMENT (EA) Cf �' KLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-02-27, C-02-249, T-5101 1_0 TOPOGRAPHIC,SOIL,GEOLOGIC 1.1.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off site 1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas 1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2 Site subject to flooding 3_0 WATER 1 12.3 Adverse change in course of flow of flood waters 1 Ti Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents use 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of ground water 1 3.3 Wasteful use of ground water 13.0 AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 13.3 Removal of street trees or other valuable vegetation 4.0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique,rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building,disruption of archaeological 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5.0 ANIMAL LIFE 1 5.1 Reduction in the numbers of any rare,unique or 15.0 ENERGY endangered species 1 15.1 Use of substantial amounts of energy or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 60 HUMAN HEALTH 1 15.3 Wasteful use of energy 7.0 NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels " "0 Insufficient Information Insufficient information is available to determine the potentia 8.0 LIGHT AND GLARE environmental effects which may result from the proposes 1 8.1 Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmenta 9.0 LAND USE effect in this category, or any such effect is not substantialF 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to th( 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area characteristics 112" Moderate Environmental Effect The proposed project will have an adverse environments 10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be o 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantia deficiencies on existing street system enough in itself to require the preparation of an Environments 1 10.2 Cumulative increase in traffic on a major street for which Impact Report, and is mitigable through project changes an( capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists,bicyclists,pedestrians 1 10.4 Routing of non-residential traffic through residential area 1'3" Significant Adverse Environmental Effect 1 10.5 Insufficient or poorly located parking The environmental effect identified in this categor 1 10.6 Substantial increase in rail and/or air traffic substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effector the environment sufficient to require the preparation of ai -Environmental Impact Report. 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