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HomeMy WebLinkAboutT-5129 - Conditions of Approval - 6/12/2006 City o, FILE COPY FRESPPlanning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino, Director Fresno, Califomia 93721-3604 (559) 621-8277 FAX (559) 498-1012 April 17, 2003 14000Please reply to: Joann Zuniga 559-621-8032 Leo/Mark Wilson Wilson Homes 1233 West Shaw Avenue, Suite 105 Fresno, California 93711 Dear Messrs. Wilson: SUBJECT: ACTION OF THE FRESNO CITY PLANNING COMMISSION ON VESTING TENTATIVE TRACT MAP NO. T-5129/UGM At its regular scheduled meeting of April 16, 2003, the Fresno City Planning Commission took the following action regarding the above-referenced application: APPROVED Vesting Tentative Tract Map No. T-5129/UGM subject to compliance with Planning and Development Department Conditions of Approval dated April 16, 2003. The project is a one-lot condominium subdivision on 10.46 acres consisting of a 188-unit, two-story gated residential community. The project is located on the southwest comer of North Hickory Hill Drive and East Perrin Avenue. Enclosed is a copy of the Planning Commission Resolution No. 11839 approving the vesting tentative tract map. The action of the Planning Commission is final unless appealed to the City Council within ten days of the date of the Planning Commission decision. Please feel free to contact me if you have any further questions. Sincerely, PLANNING DIVISION Sar Joann Zuniga Management Analyst Enclosure c: Stan Harbour • FRESNO CIT4P'a INGrhNVIISSION RESOLUTION NO. 11839 The Fresno City Planning Commission at its regular meeting on April 16, 2003, 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 Ma Tract o. /UG filed wi�"RRq„�ity of Fresno and nium proposes a one-lot condomisu sion on 1W.4 acr andwfte@* at the southwest comer of North Hickory Hill Drive and East Perrin Avenue; 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 Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approvaL contained in the staff report dated April 16, 2003; and, WHEREAS, no person spoke in either support or opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that there is no substantial evidence in the record that the proposed vesting tentative tract map may have a significant effect on the environment and hereby affirms the finding of a Mitigated Negative Declaration for Environmental Assessment No. TT-5219/C-02-215 adopted by the Fresno City Planning Commission on March 5, 2003; and, BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5129/UGM, subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan, the Woodward Park Community Plan, and the Dominion Planned Community 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. 5129/UGM subject to the Planning and Development Department Conditions of Approval dated April 16, 2003. The foregoing Resolution was adopted by the Planning Commission of the City of Fresno upon a motion by Commissioner Brand, second by Commissioner Vang. VOTING: Ayes - Brand, Vang, Brown, Harrington, Kissler, White, DiBuduo Noes - None Not Voting - None Absent- None DATED: April 16, 2003 41Y_O1PIningg S retaryFresno City Commi sion Resolution No. 11839 Vesting Tentative Tract No. 5129/UGM Action: Approved with Conditions jziiK\Common\Master FilesUract 5129-PCR.wpd From: Alan Kawakami To: lorrens Subject: T-5129 Lorren, This appears to be a fairly clean project except for some of the Conditions of Approval (COA). COA-9. Homeowners association requires submittal of DCC&R's ... attached is an excerpt from the municipal code that must be included in the DCC&R as a separate article/chapter. These are'Rights of the City"and when isolated as a separate article/chapter to the DCC&R document, reduces the review time by the City Attorney's office. The DCC&Rs should be submitted asap. When do you plan to submit? PLEASE ADVISE: Is the subdivider's intent to satisfy all public improvement requirements before the final map is approved .. or to enter into a subdivision agreement? Public Improvements The public improvements for the final map are required pursuant to the approved Tentative Map conditions and CUP C-02-215. If all the public improvements have been constructed and accepted by the city,there will be no need for a subdivision agreement. However, if any of the required public improvements have not been constructed and accepted at the time we intend to schedule the final map for city council approval, such un-satisfied public improvements must be identified and secured under a standard subdivision agreement. To establish and determine the extent of the un-satisfied public improvement requirements that would need to be secured under the subdivision agreement,you will need to review the existing improvements and the CUP conditions with the Public Works Department(both engineering services and traffic engineering). Based on PW s determination, improvement plans and/or an engineer's estimate will be required to establish the scope of work and the performance security for the subdivision agreement. The following COAs will need follow up with appropriate staff/agency: COA-23. Verify if satisfied w/Public Works if any street lights are required. COA-24. Construct 15-foot enhanced pattern pedestrian walkway. Verify if satisfied w/Public Works COA-26a. Provide sewer housebranch. Verify if satisfied w/Public Utilties Department(Doug Hecker) COA-28a. Provide minimum 2 points of connection to the public water system. Verify if satisfied w/Public Utilties Department(Doug Hecker) COA-35. Provide final FMFCD fee amount. CC: Jon Bartel; Rick Sommerville f 1of `�� REPORT TO THE PLANNING COMMISSION '7NO AGENDA ITEM NO. VIII-D COMMISSION MEETING: 4/16/03 April 16, 2003 APPROVED BY FROM: STAFF, Planning Division DrEPARTMENT DIRECT 'R Planning and Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5129/UGM EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5129/UGM is a request to subdivide 10.46 acres into a one-lot condominium subdivision located at the southwest comer of North Hickory Hill Drive and East Perrin Avenue within the Dominion Planned Community. The project will consist of a 188-unit, two story, gated condominium development.The property is zoned R-2/UGM,Low Density Multiple-Family Residential/Urban Growth Management (PC-1, Planned Community One), and is consistent with the medium-high density residential land use designation shown for the subject property on the adopted 2025 Fresno General Plan and the Woodward Park Community Plan. The project is also consistent with the apartment designation shown forthe site in the Dominion Planned Community Specific Plan. Conditional Use Permit No.C-02-215 was filed for the subject property and approved by the Fresno City Planning Commission on March 5,2003, which will allow the 188-unit multiple-family residential development. Staff recommends approval of Vesting Tentative Tract Map No. 5129/UGM. PROJECT INFORMATION PROJECT: A one-lot condominium subdivision on 10.46 acres consisting of a 188-unit, two story, gated residential community to be developed at a density of 17.9 units per acre APPLICANT: Leo Wilson Homes LOCATION: Southwest comer of North Hickory Hill Drive and East Perrin Avenue (Council District 6, Councilmember Duncan) SITE SIZE: 10.46 acres LAND USE: Existing -Vacant Proposed - Multiple-Family Residential ZONING: R-2/UGM, Low Density Multiple-Family Residential/Urban Growth Management(PC-1, Planned Community One) PLAN DESIGNATION Existing R-2/UGM zoning and medium-high density residential AND CONSISTENCY: land use designation consistent with 2025 Fresno General Plan and Woodward Park Community Plan; and consistent with the apartment designation in the Dominion Planned Community Specific Plan ENVIRONMENTAL FINDING: A finding of a Mitigated Negative Declaration was filed on January 13, 2003, and adopted by the Fresno City Planning Commission on March 5, 2003 f } REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5129/UGM Page 2 April 16, 2003 PARK FORT WASHINGTON/ Park Fort Washington/Dominion Board of Directors DOMINION BOARD recommended approval on November 15, 2002 RECOMMENDATION: PLAN COMMITTEE Northeast Area Plan and Implementation Committee RECOMMENDATION: recommended approval on December 19, 2002 STAFF RECOMMENDATION: Approval BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE NORTH Medium-High Density Residential PC-1 (R-2/UGM) Apartments SOUTH Commercial and PC-1 (C-2/UGM) Commercial and Medium-Low Density Residential PC-1 (R-1/UGM) Single-Family Residential EAST Medium-Low Density Residential PC-1 (R-1/UGM) Single-Family Residential WEST Office Commercial PC-1 (AE-20/UGM) Vacant ENVIRONMENTAL FINDING Environmental Assessment No.TT-5129/C-02-215,dated December 8,2002,was prepared for this project in accordance with the requirements of the California Environmental Quality Act(CEQA)Guidelines. Based on the environmental assessment and associated list of identified mitigation measures,the staff determined that there was no evidence in the record that the project would have a significant effect on the environment; and further, staff found that the number of dwelling units allowable with approval of Conditional Use Permit No.C-02-215 could be adequately served by existing public utilities and circulation system.The Fresno City Planning Commission approved the environmental assessment resulting in the finding of a Mitigated Negative Declaration on March 5, 2003. BACKGROUND/ANALYSIS Vesting Tentative Tract Map No. 5129/UGM proposes a one-lot condominium subdivision consisting of a 188-unit, two-story, gated residential community. The overall site (Assessor's Parcel No. 401-050-46) is 10.46 acres in area and is zoned R-2/UGM, Low Density Multiple-Family Residential (PC-1, Planned Community One). Conditional Use Permit No. C-02-215 was filed for the subject property and approved by the Fresno City Planning Commission on March 5, 2003, which will permit the 188-unit, two story gated multiple-family residential project. Approval of the Vesting Tentative Tract Map will allow for the individual sale of the residential units as condominium airspace. A one-lot condominium map process is allowed by a provision of State law. The condominium process allows for the sale of individual air space to individual buyers and requires that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. c REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5129/UGM Page 3 April 16,2003 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-high density residential land use. The applicant wishes to pursue development of the subject property with 188 two-story multiple-family residential units. The requested R-2/UGM zone district conforms to this medium-high density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land use and Zone District Consistency Matrix." The project is also consistent with the apartment designation shown for the site in the Dominion Planned Community Specific Plan. The Northeast Plan and Implementation Committee and the Park Fort Washington/Dominion Board of Directors reviewed the project as part of the conditional use permit application process and recommended approval of the project. 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 Findings Nos. 2 through 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 2025 Fresno General Plan,the Woodward Park Community Plan,and Dominion Planned Community Specific Plan because the land use element of these plans designate the site for medium-high density residential and apartment land uses. The proposed density of the project is consistent with these land use designations. 2. This site is physically suitable for the proposed type and density of development because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvements are 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 and the area's long-term developed use for residential development. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval will ensure that the subdivision conforms with City health and safety standards including (but not limited to) the extension of sanitary sewer and water service. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will ensure noninterference with any existing or proposed public easements. t • REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5129/UGM Page 4 April 16, 2003 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 units. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conditions of Approval 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5129/UGM, dated March 4, 2003. 2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 5129/UGM dated April 16, 2003. 3. Development shall take place in accordance with the mitigation measures identified in the attached Mitigated Negative Declaration for Environmental Assessment No.TT-5129/C-02-215,dated December 8, 2002. CONCLUSION /RECOMMENDATION 1. AFFIRM the finding of a Mitigated Negative Declaration for Environmental Assessment No. TT-5129/C-02-215 adopted by the Fresno City Planning Commission on March 5, 2003. 2. APPROVE Vesting Tentative Tract Map No. 5129/UGM subject to compliance with the Conditions of Approval dated April 16, 2003. jzIIK\PCRPTS\7T-5129/UGM PC Report 4-16-03.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5129/UGM, dated March 4, 2003 Conditions of Approval, dated April 16, 2003 Environmental Assessment No. TT-5129/C-02-215, dated December 8, 2002 i ti0 .._ Ril1N. w� « w M E. VALjLEY AE-2WOW w I AE-2Q ., AE - 94 is �• s w ,w w (F n :a s ss st S • t�- • � 1M 1M r R tp !� it 44 w w a s E. FROM M OR. w w >N M 1 so �'VVI�f a si ss as 4 p96 ,F wwe � t so s� $4 w : s . FRANCE 44 ! .L ss isa 34 '49 w * s w • w ss w 1 04 10 17 • -3/UGM "c llNr v NLALP PLANNING DEVELOPMENT TENTATIVE TRACT MAP NO.TT-5129 N DEPARTMENT A.P.N.: 401-050-46 W E ZONE MAP:1552 1224 E. CHAMPLAIN DR. NOT To SCALEBY/DATE: J.S.1 4-2-03 �.' � � �.. 4 ref�i •if�. y 1_9SSA ' •C <r3 eh a .W W CL O K F p if uj(AOy rc O C > W 2 7 E p�CC Z go �-i a�< a ` , o b X43 Q z wy < c3 N ° y fib 5 ZZ M aG �g w 9 D w Z 7F N^ 3 (/� 4 ,� O U- 2 g a 4 W g� 4 m0 0 7 w '� `� o o 7 0 4 � "Y � �' �y (� (,� taps w"% p p� Q Z�Z s ��K � °�N%' Yio ?ri Z z Z Z Z' j N W W W W W W fA� I_Z a=W : r 2i 3; W r` F� �a �'� �'� �' S"p a W rn}y5 rn �n3'3 rnR ot o fyY�� .. W V WA W9 WAY FL Ng N6 (%jX N uJwe [ a - tl EE A� VI lit U45 I�f H. s. Z_ O� 'O 3nN3AV N(883d 15V3 * r o a e Z LLJ 06 cn % /�a> �� �•�.. � �`� (s d, �'fir V e CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5129/UGM April 16, 2003 All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this tentative map. 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. Upon approval or conditional approval of Vesting Tentative Map No. 5129/UGM entitled "Exhibit A," dated March 4, 2003, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Planning and Development Department for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work. Improvement plans shall be approved by the City prior to the approval of the Final Map. If at the time of Final Map approval such plans have not been approved, the subdivider shall provide performance security in an amount established by the city to guarantee the completion of plans. 3. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development,shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 2 April 16, 2003 ✓ 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;" 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 developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction;street trees,street signs,water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative tract maps. 6. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the,approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 7. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. $. The approval of Vesting Tentative Map No. 5129/UGM is subject to the conditions of City of Fresno Conditional Use Permit No. C-02-215 approved by the Fresno City Planning Commission on March 5, 2003. 9. The subdivider shall create a homeowners' association for the maintenance of all landscaped areas within the subdivision. A proposed Declaration of Covenants, Conditions,and Restrictions(CC&Rs)shall be prepared and the proposed instruments for the homeowners' association shall be submitted to the Planning and Development Department for review two(2)weeks prior to Final Map approval. Said document shall be recorded with the Final Map(s)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 homeowners' association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs, dated January 11, 1985. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 3 April 16, 2003 Information 10. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 11. Contact the United States Postal Service - Fresno Office for the location and type of mailboxes to be installed in this subdivision. 1 12. The developer/owner shall obtain any and all permits required forthe removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 13. 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 (phone number during business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriffs Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission(phone number 916-653-4082)shall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant,a recommendation shall be made to the City as to any further site investigation or preservation measures. 1 _14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the developer/owner to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of myltiple Final Maps,"any multiple Final Maps filed by the developer/owner 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). Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 4 April 16, 2003 15. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno 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(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 16. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. PARK SERVICE Urban Growth Management Requirements 17. The subdivider shall be required to pay the appropriate UGM Park Capital Facilities Fee at the time of Final Map approval. FIRE SERVICE Urban Growth Management Requirements 18. The subdivider shall pay the appropriate Fire Station Capital Facilities Fee at the time of Final Map approval. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 5 April 16, 2003 STREETS AND RIGHTS-OF-WAY 19. All required signing and striping shall be done by, and paid for, by the subdivider. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be submitted along with the street construction plans to the Transportation Section of the Public Works Department for review and approval. 20. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area(fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. 21. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications. 22. All existing and proposed utility systems shall be installed underground in accordance with Section 12-1011(h) of the Fresno Municipal Code. 23. The subdivider 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. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos.68-187, 78-522,81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City,the street lighting system shall be dedicated to the City. Frontage Improvement Requirements East Perrin Avenue (Collector)JEast Champlain Drive (Arterial)1North Hickory Hill Drive (Local Street) IA00K 24. The subdivider shall dedicate sand construct a 15-foot enhanced pattern pedestrian walkway within the limits of this subdivision. This enhanced path of travel shall conform, at a minimum, to the following standards: Path shall be constructed as a 10-foot residential sidewalk of enhanced material between property line and planting strip and a 5-fgot planting strip between sidewalk and street; enhanced material shall be coordinated with that used at the westerly comer of Perrin Avenue and Champlain Drive. NOTE: For Hickory Hill Drive, this sidewalk pattern applies only to that portion of Hickory Hill Drive between East Perrin and East Norwood Avenues. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 6 April 16, 2003 Urban Growth Management Requirements 25. Vesting Tentative Tract Map No. 5129/UGM is located in UGM Major Street Zone E-1. The subdivider shall pay the appropriate UGM Major Street fee at the time of Final Map approval. SEWER SERVICE 26. A 21-inch sanitary sewer main is existing in East Champlain Avenue and a 10-inch sewer main is existing in East Perrin Avenue. No public sewer main extensions are required for Vesting Tentative Tract Map No. 5129/UGM. The following conditions are required to provide sanitary sewer service to the subdivision: () Separate sewer house branches shall be provided to each lot created. b. All public sanitary sewer facilities shall be constructed in accordance with the City of Fresno standards, specifications, and policies. c. Sewer utility improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City of Fresno's sewer system. d. The subdivider shall pay the appropriate sewer connection charges at the time of Final Map approval. Urban Growth Management Requirements 27. The tract is located in the Hemdon Trunk Sewer Charge Service Area. Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the - Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). WATER SERVICE 28. A 14-inch Transmission Grid Water Main is existing in East Perrin Avenue and in East Champlain Drive. No public water main extensions are required. The following conditions are required to provide water service to Vesting Tentative Tract Map No. 5129/UGM: ra>The tract is required to have a minimum of two points of connection to public water 11 // sources approved by the Water Systems Manager. b. Separate water services shall be provided to each lot created. c. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 7 April 16, 2003 d. Water utility improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City of Fresno's water system. e. The subdivider shall pay the appropriate water connection charges at the time of Final Map approval. OFF-SITE PUBLIC UTILITIES (SEWER AND WATER) 29. The subdivider shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. ON-SITE PUBLIC UTILITIES (SEWER AND WATER) 30. If on-site public sewer or water mains are proposed, the feasibility of the on-site system must be approved by the City Department of Public Utilities prior to plan review by the Public Works Department. Public utility easements must be provided to guarantee maintenance and repair access to utility pipelines and services and/or private sewer lift stations. Urban Growth Management Requirements 31. The tract is located in Water Well Service Area No. 101 S. The subdivider shall pay the appropriate water supply well charge at the time of Final Map approval. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 32. The developer/owner 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 the requirements of State Law as related to vesting tentative tract maps. 33. The subdivider 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 34. The subdivider will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. Conditions of Approval • Vesting Tentative Tract Map No. 5129/UGM Page 8 April 16, 2003 In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider priorto Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 35. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 36. 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 Planning and Development Department dated March 17, 2003. DEVELOPMENT FEES AND CHARGES 37. This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE A. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) B. Oversize Charge $0.p5/sq. ft. (to 100-foot depth) WATER CONNECTION CHARGES FEE RATE C. Trunk Sewer Charge Service Area: Hemdon S.T.E.P. D. Wastewater Facilities Charge S.T.E.P. Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 9 April 16, 2003 WATER CONNECTION CHARGES FEE RATE E. House Branch Sewer Charge n/a F. Millbrook Overlay Sewer $44/living unit G. Service Connection Charge Fee based on service and meter sizes specified by owner; fee for service and Meter established by the Master Fee Schedule H. Frontage Charge $6.50/lineal foot I. Fire Hydrant Charge $0.75/100 square foot (to 250 foot parcel depth) J. Transmission Grid Main Charge $560/gross acre K. Transmission Grid Main Bond Debt Service Charge $243/gross acre L. UGM Water Supply Fee Service Area 101 S $397/living unit M. Well Head Treatment Fee Service Area 101 S $0 N. Recharge Fee Service Area 101S $0 O. 1994 Bond Debt Service Area $895/living unit DEVELOPMENT IMPACT FEE FEE RATE P. Northeast Fresno Policing Area $85/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* Q. UGM Fire Station Capital Fee Service Area 13 $304/gross acre R. UGM Park Fee Service Area 1 $2940/gross acre S. Major Street Charge Service Area E-1 $1,680/adjusted acreage i Conditions of Approval Vesting Tentative Tract Map No. 5129/UGM Page 10 April 16, 2003 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE" T. Major Street Bridge Charge Service Area E-1 $175/adjusted acreage U. Traffic Signal Charge $860/adjusted acreage V. UGM Grade Separation Fee n/a W. UGM At-Grade Railroad Crossing Fee n/a X. Trunk Sewer Charge Service Area n/a Y. *Street Acquisition/Construction Charge n/a 38. These fees and charges are due as a condition of Final Map approval. At the option of the subdivider, the payment of certain fees and charges may be deferred to the time of issuance of a Certificate of Occupancy pursuant to a covenant in accordance with the provision of Fresno Municipal Code Section 12-4.604. jzIIK1Common\Masteries\TT-5129 COA 4-1"3.wpd i CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study and full project description is on file in the F11vIroil III ell ta2003 JAN 13 PM I I: 59l City of Fresno Planning and Development Department Assessment Number: CITY CLERK. FRESNO Ck City Hall, 2600 Fresno Street, Room 3043 Fresno, California 93721-3604 C-02-215 559 621-8277 APPLICANT: Leo Wilson Assessor's 1233 W. Shaw Ave. #105 Parcel Number: Fresno, CA 93711 401-050-46 PROJECT DESCRIPTION AND LOCATION: Filed with: REBECCA E.KLISCH Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and City Clerk Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that 2nd Floor-City Hall would authorize construction of a 188-unit, two story, gated condominium 2600 Fresno Street community. The site has an area of 10.46 acres,is located at the intersection of East Fresno,California 93721-3603 Champlain Drive and East Perrin Avenue, and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. 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 toe amine the interrelationship between the proposed pmject 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 maybe 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 that fall within the"Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final anda tive if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Norman Allinder ®RAYBURNR ED BY: City Planner II DATE: December 08, 2002 EACH,Planning Manager Planning Division MRONMENTAL ASSESSMEN 'HECKLIST S-02-307 tential Environmental Effects + 1_0 TOPOGRAPHIC SOIL GEOLOGIC 2 11.7 Availability of storm water drainage CONSIDERATIONSfacilities (on or off-site) 1 1.1 C ologic hazards, unstable soil conditions 1 11.8 Availability of adequate park and 1 1.2 Adverse change in topography or ground surface recreation areas relief 1 11.9 Unusually high solid waste generation 1 1.3 Destruction of unique geologic or physical features 1 1.4 Increased water erosion 12.0 HAZARDS 1 12.1 Risk of explosion or release of bazardous 2.0 AIR QUALITY substances 2 2.1 Substantial indirect source of pollution(large vehicle 1 12.2 Site subject to flooding generator) 1 12.3 Adverse change in course of flow of flood 2 2.2 Direct on-site pollution generation waters 1 2.3 Generation of objectionable odors 1 12.4 Potential bazards from aircraft accidents 1 2.4 Generation of construction dust 1 12.5 Potential bazards from landfill and/or 1 2.5 Adverse local climatic changes toxic waste sites 3.0 WATER 13.0 AESTHETICS 1 3.1smut fent ground water available for long-term 1 13.1 Obstructton to public or scenic vista or project use view 1 3.2 Use of large quantities of ground water 1 13.2 Creation of aesthetically offensive 1 3.3 Wasteful use of ground water conditions 1 3.4 Pollution of surface or ground water supplies 1 133 Removal of street trees or other valuable 1 3.5 Reduction in ground water recharge vegetation 1 13.4 Architectural incompatibility with 4.0 PLANT LIFE 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 1 43 Premature or unnecessary conversion of prime archaeological site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5.0 ANDMIAL LIFE 1 5.1 Red uction in the numbers of any rare,unique,or 15.0 ENERG endangered species 1 15.1 Use of substantial amounts of fuel or 1 5.2 Deterioration or displacement of valuable wildlife energy habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 6.0 HUMAN HEALTH-Potentiai for causing illnesses 1 153 Wasteful use of energy 7.0 NOISE Explanation of Ratings 1 7.1 creases in existing noise levels 1 7.2 Exposure to high noise levels rlQn Insufficient Information 8.0 I HT AND GLARE 1 8.1ro uc ono e,which will adversely affect Insufficient information is available for this residential areas category aad pro ect to determine the potential 1 8.2 Exposure of residences to high levels of glare envunnmentai erects which may result from the proposed project. 9.0 LAND USE 9.1 compA with adopted plans and policies "1" No Significant Environmental Effect 9.2 Acceleration of growth rate 93 Induces unplanned growth In this category,the proposed project will not have 1 9.4 Adverse change in existing or planned area an adverse environmental effect,or any such effect characteristics is not substantially unusual or of undesirable magni- tude. This rating is also utilized in cases where 10.0 I&MSPOLTA77ON AND CIRCULA677ON the eatego is not applicable to the particular 1 10.1 Generation of vehicle traffic sufficient to cause project under consideration. capacity deficiencies on existing street system 1 10.2 Cumulative increase in traffic on a major street for "2" Moderate Environmental Effect which capacity deficiencies are projected 1 103 Specific traffic hazard to motorists,bicyclists,or In this category,the proposed project could have pedestrians an adverse environmental effect which is of suffi- 1 10.4 Routing of non-residential traffic through cient magnitude to be of some concern. However, residential area this effect is not substantial enough in itself to 1 10.5 Insufficient or poorly located parking require preparation of an Environmental Impact 1 10.6 Substantial increase In rall and/or air traffic Report,and is mitigable through project changes 11.0 URBAN SERVICES and conditions. 1 11.1 Availability of fire protection 113" Significantly Adverse Environmental Effect 1 11.2 Lack of emergency vehicle access 11.3 Adequacy of design for crimerevention Q The environmental effect identified in this 11.4 Overcrowding of school facilities ,1 11.5 Availability of water mains of adequate size category substantiates in itself,or contributes 11.6 Availability of sewer line and sewage treatment toward,a finding that the proposed project has a capacity potentially significant adverse effect on the environment sufficient to rogwire the preparation of an 1nvironmental Impact Report. z - CITY OF FRESNO PLANNING ANO DEVELOPMENT DEPARTMENT Conditional Use Permit No. C-O 2-215 ENVIRONMENTAL ASSESSMENT - INITIAL STUDY PROJECT INFORMATION 401-05046 18 dwelling units per acre 1224 E. Champlain n ! 18 dwelling units per acre 1551, 1552 PC-1(R-2) PROJECT DESCRIPTION Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that would authorize construction of a 188-unit, two story, gated condominium community. The site has an area of 10.46 acres, is located at the intersection of East Champlain Drive and East Perrin Avenue, and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. ADJACENCIES Medium High Density Residential PC-1 Single Family Residential Medium Low Density Residential PC-1 Commercial x s Medium Low Density Residential PC-1 Single Family Residential Office PC-1 Vacant 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 situation, as addressed below. Initial Study C-02-215 Page 2 0l 8 January 8.2003 1.0 - TOPOGRAPHY, GEOLOGY, AND HYDROLOGY There are no geologic hazards or unstable soil conditions known to exist on the site. Existing topography will 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. Mitigation Measures: No Mitigation Measures are necessary. , 2.0 - AIR QUALITY Because of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin(SJVAB)is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create-air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favors the formation of ozone. In the winter,inversions form that often trap particulate matter. The project site is located within Fresno County, which. is part of the eight-county SJVAB for which the San Joaquin Valley Air Pollution Control District (SJVAPCD)has been created. This regional governmental agency is responsible for the monitoring and regulation of air pollutant emissions from stationary, indirect and mobile sources within the air basin. The staff of the SJVAPCD has commented that the proposed urban development of the project site will contribute to the creation of additional air quality contaminant constituents. These include ozone (photo-chemical smog) precursors and PM-10 (fine particulates/dust). Fresno County, and the eight county portion of the San Joaquin Valley, has consistently exceeded State and Federal ozone and PM-10 standards. Fresno County has been classified as a severe non-attainment area for ozone and particulate matter, per federal ambient air quality standards and is classified as a non-attainment area for ozone and particulate matter, per state ambient air quality standards. Additionally, the Fresno- Clovis Metropolitan Area has been classified as a maintenance area for carbon monoxide _ per state and federal ambient air quality standards. - - -- SJVAPCD, responsible for monitoring and improving local air quality, has developed the San Joaquin Valley 1991 California Clean Air,Act;Air Quality Attainment Plan (AQAP). The AQAP continues to project non-attainment for ozone and particulate matter. The AQAP includes a number of strategies to improve air quality including; transportation control strategies and vehicle inspection program: SJVAPCD, has indicated that the following levels as thresholds of significance for the associatedpollutants: +'^ •amss R > l'P `� g.,q " i.`% ..�.. .8` .a �s �FCd, i..o-c.K.h.' Initial Study C-02-215 Page 3 of 8 January 8,2003 Levels of Significance 10 10 100 14.6 27.37511 An analysis of the air quality impacts associated with this project, including fireplaces, was completed using the URBEMIS 2001 model. The results of that study are as follows: x ROG> �>NOx CO = PM10 SQ2 10.33 0.36 9.70 1.31 0.02 t. . ,z . .<.. AUF 3.99 4.50 44.67 0.16 0.03 >ta 14.32 4.86 54.37 1.47 0.03 Therefore based on this study, with fireplaces, the projects' impact on air quality is considered significant. Mitination Measures: There shall be no wood burning devices utilized in conjunction with this development. With the prohibition of wood burning devices, the impacts upon air quality are less than significant. 1.71 0.26 0.17 0.00 0.00 3.99 4.50 44.67 0.16 0.03 5.7 4.76 44.84- .16 0.03 In summary, the project as mitigated will not in and of itself significantly,impact local air quality. The project is part of a planned community that serves many of the complex service needs and strives for a jobs/commute balance, thereby offering further air quality benefits. 2.4 - Generation of Construction Dust Construction of this project will contribute to short-term impacts on air quality in the form of increased dust and particulate matter. However, these impacts are local in nature and will cease upon completion of the project. The construction phase of the project will be subject to the SJVAPCD Regulation VIII, Rule 8020, related to control of dust and fine particulate matter (PM 10). This rule mandates the implementation of dust control Initial Study C-02-215 Page 4 of S January B.2003 measures such as cleaning, sprinkling and sweeping of all construction sites to reduce the potential for dust to the lowest possible level. An analysis of the air quality impacts occurring during construction of this project was completed using the URBEMIS 2001 model. The results of that study are as follows: t ROG NOx` `CO PIVi1 O ;;502 Construction Emisians' 4.10 0.13 0.19 0.02 0.00 Mitieation Measures: It is required that watering of the project site occur at least twice daily with complete coverage during the clearing, grading and earth moving phases of the project to cut down substantially on PM-10 emissions. 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: 1) Equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications; From August to October, the construction period shall be lengthened to minimize— ::the-number of vehicles and equipment operating at the same time. _- 3.0—WATER The Water Division of the Public Utilities Department states that this development will not adversely affect the city water system. - - -- - - Mitieation Measures: No Mitigation Measures are necessary. Initial Study C-112-215 Page 5 of 8 January 8,2003 4.0 — FLORA There are no native plants on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. Mitigation Measures: No Mitigation Measures are necessary. 5.0— FAUNA There is no significant wildlife population currently inhabiting the site. The proposed landscaping will provide habitat for some small animals, including birds, as stated in section 4.0. Mitigation Measures: No Mitigation Measures are necessary 6.0 - HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. Mitigation Measures: No Mitigation Measures are necessary 7.0- NOISE The proposed project is not within a noise-impacted area. The development of this project is not expected to generate noise levels that would pose a nuisance or health risk to the surrounding development. Mitigation Measures: No Mitigation Measures are necessary 8.0 - LIGHT and GLARE The proposed development will utilize lights to illuminate the parking lot and outdoor activity areas. The lighting used to illuminate the parking area will be hooded and directed away from adjacent streets or residential development. No adverse impacts are expected from the light or glare associated with this project. Mitigation.Measures: No Mitigation Measures are necessary Initial Study C-02-215 Page 6 of 8 January 8.2003 9.0 - LAND USE The proposed project is consistent with the Medium High Residential land use designation of the site and the PC-1 planned community requirements. Mitigation Measures: No Mitigation Measures are necessary 10.0 - TRANSPORTATION and CIRCULATION The multi-family project is expected to generate approximately 1,238 vehicle trips per day (V.T.D.). Traffic will be directed onto E. Champlain and E. Perrin Avenues. Champlain has a capacity of 28,000 V.T.D. and Perrin has a capacity of 24,000 V.T.D. Most recent traffic volume counts from 1999 indicates a volume of 13,000 V.T.D each, well within the capacity of both streets. As of recent there have been 3 traffic studies in the surrounding area in addition to the MEIR for the 2025 General Plan, all of which noted no traffic deficiencies in the area. Mitigation Measures: No Mitigation Measures are necessary 11.0 - URBAN SERVICES The average daily sanitary sewer flow contribution resulting from this project has been estimated at 39,480 gallons per day. The projected peak water demand resulting from this project has been estimated at 399 gallons per minute. The Department of Public Utilities finds, in accordance with the Woodward Park Community Plan Verification and Monitoring Procedure, that there is capacity available in the sanitary sewer and water systems to accommodate this development. MitiLration Measures: No Mitigation Measures are necessary . 11.4 - Overcrowding of School Facilities The subject-site is within the enrollment area of the Clovis Unified School Dist icL Because of the rapid growth occurring within the district boundaries, the school district - has advised that the following conditions may exist when development occurs: 1) The elementary school may not have capacity for students from the area and, _ therefore, students may be bused to other elementary schools within the District, or it may result in the adjustment of school attendance areas within the District,requiring students to attend another school; 2) The students may attend more than one elementary school during their elementary school years; Initial Study C-021-215 Page 7 of 8 January B.2003 3) The students may have to attend elementary, junior high and high schools that are on double session, extended day, or year-round schedules, or students may attend new facilities when they are constructed. The district has adopted developer fees in accordance with current state law, which will require the developer of this project to pay a fee for school facilities per the adopted schedule of fees. In addition, the District has requested that the owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. Mideation Measures: Pay development impact fees in accordance with adopted fee schedule. 12.0 HAZARDS Some hazard may be associated with the use of construction equipment but this is not expected to be significant and will be mitigated by a surrounding construction fence. The multi-family residential project will not utilize hazardous substances during operation. Mideation Measures: No Mitigation Measures are necessary 13.0—AESTHETICS No public or scenic vista will be obstructed by the development and no valuable vegetation will be removed. The'developer.proposes a design that is compatible with surrounding developments. This project will conform to city ordinances requiring landscaping, setbacks, and shading. In addition, there will be screening of maintenance areas and landscaping of parking areas(50%)for buffering and shade. Mitigation Measures: No Mitigation Measures are necessary 14.0-HISTORICAVAACHAEOLC'GICAL:CONSIDEAATIONS There are no adjacent lustoncal�or aro aeorog cal sites Tn ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1) If archaeological and/or animal fossil material is encountered during project surveying, grading; excavating, or construction,work shall stop immediately. 2) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the-remains or other.archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southem San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the .s• - r�+uB.ar:-,-_,'ane►:'�tkiM . Initial Study C-82-215 Page 8 of 8 January 8,2003 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. Mitieation Measures: No Mitigation Measures are necessary 15.0— ENERGY In consideration of current energy stores and regulatory issues, any increase in the overall community energy use must be minim; ed. All new buildings in California shall meet energy efficiency requirements of; California Code of Regulations, Title 24 and Appliance Efficiency Regulations, Title 20. Development accomplished in accordance with these regulations should not cause excessive energy consumption with occupancy of the development. Mitigation Measures: No Mitigation Measures are necessary 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 based upon the mitigation measures required as conditions of project approval for the special permit, which have been added to the project as defined, are conditions upon which a negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION IS APPROPRIATE AND WILL BE PREPARED. MITIGATION MONITORING CHECKLIST — C-02-215 2.0 - AIR QUALITY There shall be no wood burning devices Developer Planning and utilized in conjunction with this Development Department development. With the prohibition of wood burning devices, the impacts upon air quality are less than significant. 2.4 - Generation of Construction Dust It is required that watering of the project site Developer Construction Management occur at least twice daily with complete Division,Public Works coverage during the clearing, grading and earth moving phases of the project to cut down substantially on PM-10 emissions. 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 miniinize dust. Ozone emissions will be mitigated during construction by the following measures: 1) Equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications; From August to October, the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 11.4 - Overcrowdina of School Facilities WIN, cj Pay development impact fees in accordance Developer Planning and with adopted fee schedule Development Department ti Fresno w+tNwCkV City of 7000 City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm 4064 Severo Esquivel Fresno,CA.9372t-3623 Interim Director www.fresno.gov March 20, 2003 TO: Bob Lewis, Supervising Planner Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Assistant Transportation Manager-�e P-- Public Works, Transportation Section FROM: David Padilla, Interim Transportation Planning Superviso Public Works,Transportation Planning SUBJECT: TT 5129, Public Works Conditions of Approval The Public Works, Transportation Planning Section, has completed its review of Tentative Tract Map 5129, which was submitted by Wilson Development. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: v Handicap access ramps are required at all corners 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. Comply with the condition for approval set forth in C-02-215. Frontage Improvement Requirements: Major streets: East Perrin Avenue (Collector)` ` '` �4e £t f P 1. Construct 10' residential sidewalk pattern within the limits of this tract. 2. Construct an underground street lighting system per Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for collector streets. East Champlain Avenue (Arterial): 1. Construct 10' residential sidewalk pattern within the limits of this tract. 2. Construct an underground street lighting system Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for arterial streets. - 1 - 1:\Tracts\tract5 l 29Champ lai n_Perri n.doc Minor street(North Hickory Hill Drive): Design and construct all curb, gutter, sidewalk and underground street lighting systems per Public Works Standard E-2. UGM Requirements: This Map is in UGM major street zone E-1; therefore pay UGM Major Street fees. C:Reading File - 2 - J:\Tracts\trac t5129Champ lain_Perri n.doc Fresno bAd '1IIP Gtyof City Hall 559-621-8686 Public Works Department 2600 Fresno Street,Room 4019 Severo Esquivel,Interim Director Fresno,California 93721-3623 Date: Revised March 12, 2003 TO: ROBERT LEWIS, Supervising Planner Planning and Development Department, Current Planning Through: ERIC FROBERG,Assistant Manager Public Works Department,Engineering Services From: JOHN ALLEN,Engineer" Public Works Department, gmeering Services Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT No.51�9/UGM General The subject site is located at the southeast corner of East Champlain Drive and East Perrin Avenue. The subject tentative tract map proposes to develop for condominium purposes 10.46 acres. Rezoning from AE-20/UGM to PC-1/UGM. 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. Sanitary sewer A 21-inch sanitary sewer main is existing in East Champlain Drive and a 10" sewer main is existing in East Perrin Avenue.No public sewer main extensions are required. The following conditions are required to provide sanitary sewer servicetothe subdivision. � ' ''f- i3a.,t-�.. lx,a1'...'�. .�"�'r:. d�-✓,-.I:«ar�iLy�j Yli'<.i6..dr-I.r�.�6�»y^�i . Dedication of a site on which to construct a sewer lift station. The location shall be determined by the Department of Public Utilities. 2. Separate sewer house branch shall be provided to each lot created. 3. All public sewer facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. Water service 14-inch water mains are existing in East Champlain Drive and East Perrin Avenue. No public water main extensions are required. The following conditions are required to provide water service to the tract. 1. The tract is required to have a minimum of two points of connection to public water sources approved by the Water Systems Manager. 2. Separate water services shall be provided to each lot created. 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. On-site Public Utilities (Sewer& Water) If on-site public sewer or water mains are proposed, the feasability of the on-site system must be approved by the City Department of Public Utilities prior to plan review by the Public Works Department. Public utility easements must be provided to guarantee maintenance and repair access to utility pipelines and services and/or private sewer lift stations. tr. City of Fresno lelftCIm\u\\i I/ kyftyl ff aCfty DEPARTMENT OF PUBLIC UTILITIES 1 I Date: 03/04/2003 Development Application #: TT-5129 2000 APN: 401-050-46 Address: ?1224 E. Champlain Drive Project Description: Development of 188 multiple family residential units on 10.46 ac. of R-2/UGM zoning. Reviewed by: John Moser Sanitary Sewer Service C3 It has been determined that the Project will contribute an estimated average daily discharge to the sanitary sewer system of 39,480 gallons and capacity is available in the Sanitary Sewer System to serve the Project, and C3 Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to the site subject to the following requirements: ✓ Separate sewer house branches are required for each lot. ✓ Sewer Connection Charges are due and shall be paid for the Project. ✓ No extensions required. Water Service C3 It has been determined that the projected peak water demand for the Project has been estimated at 399 gallons per minute and an adequate source of potable water is available to meet City, State, and Federal standards during periods of peak demand in the City Water System serving this project, and C3 Water facilities are currently or would be available to provide water service to the site subject to the following requirements: ✓ Two independent sources of water are required to serve the Project. ✓ Payment for installation of water service(s)and/or meter(s)is required. ✓ Payment for installation of public fire hydrant(s)is required. ✓ Water Connection Charges are due and shall be paid for the Project. ✓ No extensions requred. Special Conditions C3 Woodward Park Community Plan Findings for the availability of water and sanitary sewer service is required for this project. Comply with conditions. City of Fresno DEPARTMENT OF PUBLIC UTILITIES 1 111 2000 March 4, 2003 VERIFICATION AND MONITORING PROCEDURE FOR THE AVAILABILITY OF PUBLIC SERVICES WITHIN THE WOODWARD PARK COMMUNITY PLAN Application: Vesting Tentative Tract No. 5129 Location: 1224 E. Champlain Drive Project Description: Development of 188 Multiple Family Residential Units Zoning (Acreage): R-2/UGM/(10.46) SANITARY SEWER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Sanitary Sewer Service, it has been demonstrated and determined that sanitary sewer service is available to this project in the Hemdon/Cornelia Trunk Sewer. The average daily sanitary sewer flow contribution resulting from this project has been estimated at 56,259 gallons per day. WATER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Water Service, it has been determined that an adequate source of potable water is available to meet City, State, and Federal standards during periods of peak flow in the City water system serving the Woodward Park Community Plan area for this project including existing demand and all other approved development. The projected peak water demand resulting from this project has been estimated at 284 gallons per minute. This document is a determination of capacity available in the sanitary sewer and water systems. Conditions or requirements imposed as a result of this finding are in addition to all other requirements set forth. This project shall further comply with applicable provisions of the City ordinance, adopted standards, and policies for extension and connection to the sanitary sewer and water systems. arti clntyre, Directoroel Aranaz, Acting Fire Chiu Department of Public Utilities Fire Department Sego\Findings\VTT5129.tnd.wpd c: Joel Aranaz,Acting Fire Chief Jpann Zuniga -TT-5129 Page 1 From: Doug Hecker To: David Braun; Joann Zuniga Date: 4/8/03 4:15PM Subject: TT-5129 Dpu met with Stan Harbour& Leo Wilson concerning conditions on his subdivision (T7-5129) on 4/7/03. Dpu required the condition/mitigation measure for the dedication of a site for a Sewer Lift Station upon this subdivision. The condition/mitigation measure should be within his conditions of approval. This condition can be disregarded upon TT-5129, CC: Jim Bier l"It J ' y 1 StN4'i+-i` "; ¢..'/•_ ' ,�/{�A, '"' , gyp; •-il('.' 5 ? L� i�' F .rY Active e"� we Twk v+rw Se p Water Mains 16 n = Proposed Sewer Mains AqPrivate Propose 1CN Aerials 1999 , •. �.1 a 5• _ `y 'i _ Parcels City Limits Fresno County w P1`� /' �. ��..v Y.,iy...�:-,_ •. lam. }(af�� - � \ �• +� atilt 4' d 4 �4�f A. Ile Aj q yr AVq i41 4� i► AA Alf- MI .11 77 SUBD W iv1EETING Tentative Tract No. 5129 a A preliminary Subdivision Review Committee meeting regarding this tentative tract map is scheduled for Thursday, March 13, 2003 at 10:00 a.m. in the Development Department, Room No. 3052-5, Third Floor, South Wing, City Hall. The Subdivision Review Committee will review this vesting tentative tract map with the subdivider and project engineer on Thursday, March 20, 2003, at 1:15 p.m. in the Development Department, Room No. 3052-5, Third Floor, South Wing, City Hall. Your attendance at the review meetings will be appreciated. However, if you are unable to attend and you have comments you wish to make, please send them prior to the meeting date to: Development Department Planning Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, California 93721-3604 The subdivision is tentatively scheduled to be considered by the Fresno City Planning Commission on April 16, 2003. NOTE: Subdivisions in the Urban Growth Management (UGM) Area no longer require final action by the City Council. Council action will only be required if the proposed subdivision is appealed following Planning Commission consideration. However, Council consideration of any related rezoning application is required by the Fresno Municipal Code. cwp/SRCMEMO I .s is /I" � a P t- ' &—� �� T < n o rm et ('4411 e)':rt2 . A s a e o vi� 7 Wolnc-0000cvs 11s4oc. a.v-.,qf kL 103 Pw • -,Iy v? DEVELOPMENT DEPARTMENT DATE MARCH 4, 2003 TRACT MAPS TO: (1) RANDI EISNER, Fire Department (1) CAPTAIN MARTIN, Police Department (1) NICK YOVINO, Director (1) GIL HARD (1) NORTHEAST AREA COMMITTEE (Dave Braun) (1) ALAN KAWAKAMI (1) RICK SOMMERVILLE (1) JON BARTEL (1) JOHN SLATER Ll 1 /0 .3 (1) PAUL BERNAL (Addressing) (1) JERRY BISHOP nn Development Department NE �a►v (1) SEVERO ESQUIVEL, Acting Director / (1) MARK I WILLIAMSON, PE, / (1) ERIC FROBERG (1) JIM PALSGROVE/JOE PAFF (1) GARY WITZEL (1) JOSE BENAVIDES/ROBERT MADEWELL -e Public Works Department (1) NEIL MONTGOMERY (1) DOUG HECKER (1) ROBERT WEAKLEY Department of Public Utilities (1) DANNY YRIGOLLEN, FYI -Transportation (1) MICHAEL MC HATTEN, Parks Division (1) NANCY MORRISON, Parks Division (1) FRESNO COUNTY DEPARTMENT OF RESOURCES/Stop #54 (2) FRESNO COUNTY DEVELOPMENT DEPARTMENT/Stop #53 (1) FRESNO COUNTY ASSESSORS OFFICE/Stop #19 (2) JERRY LAKEMAN, Fresno Metropolitan Flood Control Dist. (3) PACIFIC GAS AND ELECTRIC COMPANY, (Fresno Div. Land) (3) PACIFIC BELL (Jack Kinch, R-W Manager) (1) FRESNO IRRIGATION DISTRICT (1) CLOVIS UNIFIED SCHOOL DISTRICT (1) U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT, Fresno (1) AT&T BROADBAND/CABLE (Construction Management) (1) CRAIG SAKAGUCHI, Analyst, U.S. Postal Svc., Main Br. (1) AMERICAN TELEPHONE AND TELEGRAPH COMPANY FROM: DAVE BRAUN, Planner III Planning Division SUBJECT: VESTING TENTATIVE MAP OF TRACT NO. 5129/UGM REZONING APPLICATION NO. CONDITIONAL USE PERMIT NO. Location: The southwest corner of North Hickory Hill Drive and East Penin Avenue ann Zunga-Tract Map 5129 Page 1 From: Daniel Yrigollen To: Dan Card; David Braun Date: 3114/03 2:10PM Subject: Tract Map 5129 Residential subdivision located at the southeast corner of Champlain and Perrin Avenues. Department of Transportation Review Anticipate no adverse impacts on the Fresno Yosemite International Airport or Fresno-Chandler Downtown Airport. Danny Y. Airports Projects Supervisor phone: 559-621-4526 fax: 559-498-5549 E-mail: Daniel.Yrigollen@ci.fresno.ca.us Fresno Yosemite International Airport CC: Kevin Meikle -ES OF hI T�.I0A�.f'O'N I► TiR�I'C PHONE(559)233-7161 �•••r?,�•- r X'� FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource•Water March 6, 2003 Mr. Dave Braun City of Fresno Development Department Planning Division 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 SUBJECT: VTM No. T-5129/UGM Dear Mr. Braun, FID's comments and requests are as follows: 1. FID does not own, operate, or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson(a,fresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT Bret Johnson Engineering Technician I BJ: vm BOAi;U)OF Presidem JACOB C.ANDRFSF\,Vice-Pregident FDDIE NIEDF:RFRA\,K. DIRE(TORN JEFF BOSWELL.JEFF\EELY,FDGAR W,\LDRON (ieneral\IanaverGAR1 )ERRATO FILE: agencies\city\VTM-T-5129UGM t 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 .,09E 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: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5129.xi. 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document a File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER 04 Mr. Alan Kawakami, Chief Engineering Tech.WILSON DEVELOPMENT Development Services Department 1233 W. SHAW AVE.,#105 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 0 MAP NO. 5129 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " DK " " - " DRAINAGE AREA " DK It $324)116.00 DATE DRAINAGE AREA - - TOTAL FEE $329116.00 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. L" The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. 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. 5129.x1s 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4of4 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 requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. 46�' A&A,_ 6..-- g� � s . LP�-- Gerald E. Lakeman, District Engineer Project Engineer: Elle Phetdaovieng C: HARBOUR& ASSOC. 375 WOODWORTH AVE., STE 103 CLOVIS, CA 93612 5129.:v 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - 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 Ul one acre no later than March, 2003. i b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5129AS 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. J J 2 H W _m J o CITY WELL �\ NZ LEGEND SCALE i"=300' Y---- EXISTING MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY TRACT 5129 DRAINAGE AREA: "DK" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT J:\ENGINEERING\AUTOCAD\DWGS\OEXHIBIT\TRACTS\5129.DWG /� R� f OTHER REQUIREMENTS EXHIBIT NO. 2 The proposed development of Tract 5129 is located in an area that has historically provided a passage for major storm flows from areas north of Hickory Hill across the proposed site to Champlain Drive. The Developer shall be required to construct improvements within Tract 5129 to convey major storm flows from Hickory Hill to Champlain Drive. A major storm flowage easement shall be granted to the District for the major storm passage area. Development No. Tract 5129 engr\permits\exhibitsNracts\5129(ep) �+�i�"'� REPORT TQ .E PLANNING COMMISSION MESMW�.. AC-1,14DA ITEM NO. V1II-A COMMISSION MEETING 3/5/03 March 5, 2003 1/11To1 3)hl DEPARTMENT DIRECTOR FROM: STAFF, Planning Divisi nt e Planning and Developmepartment SUBJECT: CONSIDERATION OF APPEAL OF DIRECTORS APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NO. C-02-215 EXECUTIVE SUMMARY Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that would authorize construction of a 188-unit, two story, gated condominium community. The site has an area of 10.46 acres, is located at the intersection of East Champlain Drive and East Perrin Avenue,and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres,subject to a conditional use permit. The Director's approval of this application has been appealed by nearby residents because of concerns over the proposed site design. Staff supports the Director's approval of this use permit and finds it to be consistent with the 2025 General Plan, Woodward Park Community Plan and provisions of Planned Community One. PROJECT INFORMATION PROJECT: Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that would authorizeconstruction of a 188- unit,two story, gated condominium community. The site has an area of 10.46 acres and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. APPLICANT: Leo Wilson LOCATION: Spanning between the intersections of East Champlain Drive and East Perrin Avenue, see map (Council District 6, Council member Duncan). SITE SIZE: 10.46 acres (17.9 units/acre) REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-021-21 15 P a"C March 5, 2003 LAND USE: Existing - Vacant Proposed - Multiple Family Residential EXISTING ZONING: PC-1 Planned Community One (Implemented by R-2 standards) PLAN DESIGNATION Medium High Density Residential (2025 General Plan — Woodward AND CONSISTENCY: Park Community Plan -Planned Community One) Consistent ENVIRONMENTAL FINDING: Negative Declaration Filed January 13, 2003 PLAN COMMITTEE Northeast Plan and Implementation Committee recommended RECOMMENDATION: approval on December 19, 2002. The Dominion Board of Directors recommended approval of the project on November 15, 2002. STAFF RECOMMENDATION: Deny Appeal BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Medium High Density Residential PC-1 Single Family Residential South Medium Low Density Residential PC-1 Commercial East Medium Low Density Residential PC-1 Single Family Residential West I Office PC-1 Vacant BACKGROUND/ANALYSIS Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, would authorizeconstruction of 188-unit,two story,gated condominium community. The site has an area of 10.46 acres and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-02-215 PICC 3 March ;. _1003 Appeal The Director's approval of this application has been appealed by nearby residents because of concerns over the proposed site design. There were originally three appeals submitted by James O'Neal, Richard Matoian, and Robert Miranda. After clarification by developer of the alignment and design for the trail Mr. Miranda and Matoian withdrew their appeals. Mr.O'Neal has concerns over the proposed site design and how it interfaces with the commercial and single family uses. Open Space The development agreement for PC-1 states that there will be clusters of single family residential,multiple family residential, commercial, and office uses. These clusters of development will be connected by a trail system that affords residents the opportunity to connect to commercial and office services without the use of an automobile. This system of trails has been altered since the concept was approved in the early 1980's. The most recent changes to the system have moved portions of the system near the intersection of Perrin and Champlain, which were internal to the block structure, out to the streets to prevent mid-block crossings. These adjustments to the trail were made at the request and recommendation of the Dominion Board of Directors, Trails Sub-Committee, for purposes of safety and supported by staff. The adjustment of the trail alignment required that portions next to the street be a 15 foot pedestrian right of way. This 15 foot path consists of 5 foot of planting strip between the curb and side walk and a 10 foot enhanced pattern sidewalk to accommodate bicycles. The 10 foot side walk is required to meet the requirements for a Class I bicycle facility, which mandates a minimum of 8 feet. Interfaces The proposed site plan has appropriate interfaces with the pending commercial development and the existing single family use as required by the Fresno Municipal Code, 2025 General Plan, Woodward Park Community Plan, & Planned Community One. Further, the proposed site plan gives consideration to the suggestion by the Northeast Plan and Implementation Committee to provide a grade differential adjacent to the single family use. The proposed grading plan shows between 4 feet and 10 feet lower grade than the adjacent single family use to minimize its effective height. Traffic The multi-family project is expected to generate approximately 1,238 vehicle trips per day(VTD). Traffic will be directed onto E. Champlain and E. Perrin Avenues. Champlain has a capacity of 28,000 VTD and Perrin has a capacity of 24,000 VTD.Most recent traffic volume counts from 1999 indicates a volume of 13,000 VTD each, well within the capacity of both streets. As of recent there have been 3 traffic studies in the surrounding area in addition to the MEIR for the 2025 General Plan, all of which noted no traffic deficiencies in the area. REPORT T'O THE PLANNING COMMISSION Conditional Use Pennit Application No. C-02-215 Page 4 March 5. 2003 CONSISTENCY The 2025 General Plan, Woodward Park Community Plan,& Planned Community One designate Medium High Density Residential land uses for the subject site.The submitted use permit application is consistent these adopted plans. ENVIRONMENTAL FINDING Environmental Assessment No. C-02-215, resulting in a Mitigated Negative Declaration, was filed on February 27, 2003. The number of dwelling units allowable with approval of this use permit can be adequately served by existing public utilities and circulation system. Additionally,the site has no value as habitat for endangered,rare, or threatened species. COMMITTEE RECOMMENDATION The Northeast Plan and Implementation Committee heard the application on January 19,2003 and recommended approval. The Dominion Board of Directors heard the application on November 15, 2002 and recommended approval. CONCLUSION / RECOMMENDATION 1. Approve Environmental Assessment No. C-02-215, dated January 13, 2003, resulting in a Mitigated Negative Declaration. 2. Deny the appeal and uphold Director's approval of Conditional Use Permit C-02-215 K.-Master Files--2001-20021 C-02-215-l 88UnitCo ndos-NLA I C-02-215-PC Report.wpd Attachments: Vicinity Map 1999 Aerial Photograph Site Plan and Elevations of Project Environmental Assessment No. C-02-215, dated January 13, 2003 Conditions of Project Approval Appeal Letters ' MM f F ow "r `` v lam► ♦c + r Ir4E6 VNb'.Jdl'IV-1'O: , •��~`dINHOJI-M 'ONE �+ SOL 31S 3AV MVHS'N, .�1 m - I 1N3Wd013A3a NOS11M S1N3Wla11d11 NOINIWUa I ;; E!� g eta 1e;0 ci o Fpp ja 66,7a9 pp k i a a a a w w _ ■® 9lL 3W t a v ■® 1 �O A wee a !. f i tEilhz y Eff r ta �� § f E _ 17 103 m 30 1° 2 K4 a W ,DO _ 4, PERRIN. +e +° 21 42 w w iy E. VALLEY_fOR.G GAE—WAAM 42 w rs 41 ounce* I n « AE-20, " a I I F AERO. I ' n • I M + 10 _ G �. c /� f I L- VG /1PC_I, /`. ! 91 ° 91 A 23 ss w in as 14 /J 6 26 . 26 14 we 1y 1° �° •{ t1 « .to _ E. FROWKE DR. M as s1 as 1 ao O'VV1T1 W ss 2 54 3° 42 45 3+ 43 4 !: E. LA FRANCE « m L i 7 l+ !s 73 MN +o n 0 v oR- 31• 41 40 DR. 1 R 3/UGM VICINITY MAP PLANNING & DEVELOPMENT CONDITIONAL USE PERMIT NO. C-02-215 N DEPARTMENT A.P.N.: 401-050-46 W E ZONE MAP: 1552 1224 E. CHAMPLAIN DR. s BY/DATE: J.S./ 9-20-02 NOT TO SCALE ' �: r,���� � p'(Vlrk��1f.1�c1Sg�N� �,r � �' "' •M L6 5 1 1 r. a f^ l k ! 6 d u a+ n ¢� ! y x~� � F w -'� e �Ipt.��#��II�I�I+��I���jf 7kr�iil'l �'� �i Y '�_. °�p4�*�� rad' jt�y�k41i +II�``} •y` � CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED [nitial Stud}' and full project description is on file in the f:nvironrllcnIal 2903 JAN 13 PM 11: 59 City of Fresno Planning and Development Department Assessment Number: CITY CLERK. FRESNO C/, City Hall, 2600 Fresno Street, Room 3043 Fresno, California 93721-3604 C-02-215 559 621-8277 APPLICANT: Leo Wilson Assessor's 1233 W. Shaw Ave. #105 Parcel Number: Fresno, CA 93711 401-050-46 PROJECT DESCRIPTION AND LOCATION: Filed with: REBECCA E.KLISCH Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and City Clerk Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that 2nd Floor-City Hall would authorize construction of a 188-unit, two story, gated condominium 2600 Fresno Street community. The site has an area of 10.46 acres,is located at the intersection of East Fresno,California 93721-3603 Champlain Drive and East Perrin Avenue, and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. 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 that fall within the"Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment This Mitigated Negative Declaration will be deemed final and afive if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Norman Allinder S ED BY: City Planner II DATE: December 08,2002 RAYBURN ZACH.Planning Manager Planning Division dVIRONMENTAL ASSESSMEN' HECKLIS I S-02-307 ential Environmental Effects 1_0 TOPOGRAPHIC SOIL GEOLOGIC 2 11.7 Availability of storm water drainage NSID E RAT 10 N S facilities(on or off-site) 1 1.1 ?7 ologic hazards, unstable soil conditions 1 11.8 Availability of adequate park and 1 1.2 Adverse change in topograph}, or ground surface recreation areas relief 1 11.9 Unusually high solid .caste generation 1 1.3 Destruction of unique geologic or physical features 1 1.4 Increased water erosion 12.0 HAZARDS 1 12.1Ris of explosion or release of hazardous 2.0 AIR QUALITY substances 2 2.1 Substantial indirect source of pollution (large vehicle 1 12.2 Site subject to flooding generator) 1 12.3 Adverse change in course of flow of flood 2 2.2 Direct on-site pollution generation waters 1 2.3 Generation of objectionable odors 1 12.4 Potential hazards from aircraft accidents 2 2.4 Generation of construction dust 1 12.5 Potential hazards from landfill and/or 1 2.5 Adverse local climatic changes toxic waste sites 3.0 WATER 13.0 AESTHETICS 1 3.1 -s to ficient ground water available for long-term 1 13.1 bstruchon to public or scenic vista or project use view 1 3.2 Use of large quantities of ground water 1 13.2 Creation of aesthetically offensive 1 3.3 Wasteful use of ground water conditions 1 3.4 Pollution of surface or ground water supplies 1 13.3 Removal of street trees or other valuable 1 3.5 Reduction in ground water recharge vegetation 1 13.4 Architectural incompatibility with 4.0 PLANT LIFE 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 emova o historic building,disruption of 1 4.3 Premature or unnecessary conversion of prime archaeolotical site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5.0 ANIMAL LIFE 1 5.1 Reduction m the numbers of any rare,unique,or 15.0 ENERGY endangered species 1 15.1 rse of substantial amounts of fuel or 1 5.2 Deterioration or displacement of valuable wildlife energy habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 6.0 HUMAN HEALTH-Potential for causing illnesses 1 15.3 Wasteful use of energy 7.0 NOISE Explanation of Ratings 1 7.1 Increases in existing noise levels F 7.2 Exposure to high noise levels 11011 Insufficient Information 8.0 LIGHT AND GLARE 1 8.1 Production o are,which will adversely affect Insufficient information is available for this residential areas category and pro'ect to determine the potential L 8.2 Exposure of residences to high levels of glare environmental elrects which may result from the proposed project. 9.0 LAND USE l 9.1 Incompatibility with adopted plans and policies "1n No Significant Environmental Effect r 9.2 Acceleration of growth rate 9.3 Induces unplanned growth In this category,the proposed project will not have l 9.4 Adverse change in existing or planned area an adverse environmental effect,or any such effect characteristics is not substantially unusual or ofundesirable magni- tude. This rating is also utilized in cases where 10.0 TRANSPORTATION AND CIRCULATION the category is not applicable to the particular 1 10.1 aeration o vehicle traffic sufficient to cause project under consideration. capacity deficiencies on existing street system 1 10.2 Cumulative increase in traffic on a major street for 112" Moderate Environmental Effect which capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists,bicyclists,or In this category,the proposed project could have pedestrians an adverse environmental effect which is of suffi- 1 10.4 Routing of non-residential traffic through cient magnitude to be of some concern. However, residential area this effect is not substantial enough in itself to 10.5 Insufficient or poorly located parking require preparation of an Environmental Impact l 10.6 Substantial increase in rail and/or air traffic Report,and is mitigable through project changes 11.0 URBAN SERVICES and conditions. _ 11.1 Availability of fire protection "Y' Significantly Adverse Environmental Effect 11.2 Lack of emergency vehicle access 11.3 Adequacy of design for crime prevention The environmental effect identified in this 11.4 Overcrowding of school facilities 11.5 Availability,of water mains of adequate size category substantiates in itself,or contributes _ toward,a finding that the proposed project has a 11.6 Availability of sewer line and sewage treatment capacity potentially significant adverse effect on the environment sufficient to require the'preparation of an Environmental Impact Report. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT Conditional Use Permit No. C-O 2-215 ENVIRONMENTAL ASSESSMENT - INITIAL STUDY PROJECT INFORMATION z per acre ses 'a 401-050-46 ov�+abje - s 18 dwellin g units ON x 1224 E. Champlain ;' 18 dwelling units per acre 1551, 1552 PC-1 (R-2) PROJECT DESCRIPTION Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that would authorize construction of a 188-unit, two story, gated condominium community. The site has an area of 10.46 acres, is located at the intersection of East Champlain Drive and East Perrin Avenue, and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. ADJACENCIES I Nm . . Medium High Deni tyResidential P C-1 Single Family Residential u; Medium Low Density Residential PC-1 Commercial 11 41 - 1 East Medium Low Density Residential PC-1 Single Family Residential R. Office PC-1 Vacant 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 situation, as addressed below. Initial Study C-02-215 Page 2 Qf 8 January 8,2003 1.0 - TOPOGRAPHY, GEOLOGY, AND HYDROLOGY There are no geologic hazards or unstable soil conditions known to exist on the site. Existing topography will 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. Mitigation Measures: No Mitigation Measures are necessary. 2.0 - AIR QUALITY Because of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favors the formation of ozone. In the winter, inversions form that often trap particulate matter. The project site is located within Fresno County, which is part of the eight-county SJVAB for which the San Joaquin Valley Air Pollution Control District (SJVAPCD) has been created. This regional governmental agency is responsible for the monitoring and regulation of air pollutant emissions from stationary, indirect and mobile sources within the air basin. The staff of the SJVAPCD has commented that the proposed urban development of the project site will contribute to the creation of additional air quality contaminant constituents. These include ozone (photo-chemical smog) precursors and PM-10 (fine particulates/dust). Fresno County, and the eight county portion of the San Joaquin Valley, has consistently exceeded State and Federal ozone and PM-10 standards. Fresno County has been classified as a severe non-attainment area for ozone and particulate matter, per federal ambient air quality standards and is classified as a non-attainment area for ozone and particulate matter, per state ambient air quality standards. Additionally, the Fresno- Clovis Metropolitan Area has been classified as a maintenance area for carbon monoxide per state and federal ambient air quality standards. - SJVAPCD, responsible for monitoring and improving local air quality, has developed the San Joaquin Valley 1991 California Clean Air Act;Air Quality Attainment Plan (AQAP). The AQAP continues to project non-attainment for ozone and particulate matter. The AQAP includes a number of strategies to improve air quality including; transportation control strategies and vehicle inspection program. SJVAPCD, has indicated that the following levels as thresholds of significance for the associatedpollutants: a,. ROG' NOX CO': PM10 SO2 Initial Study C-02-215 Page 3 of 8 January 8,2003 Levels of Significance 10 10 100 14.6 27.375 An analysis of the air quality impacts associated with this project, including fireplaces, was completed using the URBEMIS 2001 model. The results of that study are as follows: NOx . C0 PM I O SO `�xeaou�rce Fsso�as . 10.33 0.36 9.70 1.31 0.02 +C�peratlAnal Enuss�onsyl,' 3.99 4.50 44.67 0.16 0.03 isx, 1432 4.86 54.37 1.47 0.03 ___JJ Therefore based on this study, with fireplaces, the projects' impact on air quality is considered significant. Mitigation Measures: There shall be no wood burning devices utilized in conjunction with this development. With the prohibition of wood burning devices, the impacts upon air quality are less than significant. s 1.71 0.26 0.17 0.00 0.00 '4F< ` 3.99 4.50 44.67 0.16 0.03 Y" Alm }1,, a 5.7 4.76 44.84 .16 0.03 In summary, the project as mitigated will not in and of itself significantly,impact local air quality. The project is part of a planned community that serves many of the complex service needs and strives for a jobs/commute balance, thereby offering further air quality benefits. 2.4 - Generation of Construction Dust Construction of this project will contribute to short-term impacts on air quality in the form of increased dust and particulate matter. However, these impacts are local in nature and will cease upon completion of the project. The construction phase of the project will be subject to the SJVAPCD Regulation VIII, Rule 8020, related to control of dust and fine particulate matter (PM10). This rule mandates the implementation of dust control Initial Study C-02-215 Page 4 of 8 January 8,2003 measures such as cleaning, sprinkling and sweeping of all construction sites to reduce the potential for dust to the lowest possihle level. An analysis of the air quality impacts occurring during construction of this project was completed using the URBEMIS 2001 model. The results of that study are as follows: ROG NOx CO PiVI10 ;SO2 Construction Emissions` 4.10 0.13 0.19 0.02 0.00 Mitigation Measures: It is required that watering of the project site occur at least twice daily with complete coverage during the clearing, grading and earth moving phases of the project to cut down substantially on PM-10 emissions. 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: 1) Equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications; From August to October, the construction period shall be lengthened to minimize'the number of vehicles and equipment operating at the same time. 3.0—WATER The Water Division of the Public Utilities Department states that this development will not adversely affect the city water system. Mitization Measures: No Mitigation Measures are necessary. Initial Study C-92-215 Page 5 of B January B.2003 4.0 — FLORA There are no native plants on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. Mitization Measures: No Mitigation Measures are necessary. 5.0 — FAUNA There is no significant wildlife population currently inhabiting the site. The proposed landscaping will provide habitat for some small animals, including birds, as stated in section 4.0. Mitigation Measures: No Mitigation Measures are necessary 6.0 - HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. Mitieation Measures: No Mitigation Measures are necessary 7.0- NOISE The proposed project is not within a noise-impacted area. The development of this project is not expected to generate noise levels that would pose a nuisance or health risk to the surrounding development. Mitination Measures: No Mitigation Measures are necessary 8.0 - LIGHT and GLARE The proposed development will utilize lights to illuminate the parking lot and outdoor activity areas. The lighting used to illuminate the parking area will be hooded and directed away from adjacent streets or residential development. No adverse impacts are expected from the light or glare associated with this project. Miftation Measures: No Mitigation Measures are necessary Initial Study C-02-215 Page 6 of 8 January 8,2003 9.0 - LAND USE The proposed project is consistent with the Medium High Residential land use designation of the site and the PC-I planned community requirements. Mitigation Measures: No Mitigation Measures are necessary 10.0 - TRANSPORTATION and CIRCULATION The multi-family project is expected to generate approximately 1,238 vehicle trips per day (V.T.D.). Traffic will be directed onto E. Champlain and E. Perrin Avenues. Champlain has a capacity of 28,000 V.T.D. and Perrin has a capacity of 24,000 V.T.D. Most recent traffic volume counts from 1999 indicates a volume of 13,000 V.T.D each, well within the capacity of both streets. As of recent there have been 3 traffic studies in the surrounding area in addition to the MEIR for the 2025 General Plan, all of which noted no traffic deficiencies in the area. Mitigation Measures: No Mitigation Measures are necessary 11.0 - URBAN SERVICES The average daily sanitary sewer flow contribution resulting from this project has been estimated at 39,480 gallons per day. The projected peak water demand resulting from this project has been estimated at 399 gallons per minute. The Department of Public Utilities finds, in accordance with the Woodward Park Community Plan Verification and Monitoring Procedure, that there is capacity available in the sanitary sewer and water systems to accommodate this development. Mitigation Measures: No Mitigation Measures are necessary . 11.4 - Overcrowding of School Facilities The subject:site is within the enrollment area of the Clovis Unified School District. `- Because of the rapid growth occurring within the district boundaries, the school district has advised that the following conditions may exist when development occurs: 1) The elementary school may not have capacity for students from the area and, therefore, students may be bused to other elementary schools within the District, or it may result in the adjustment of school attendance areas within the District, requiring students to attend another school; 2) The students may attend more than one elementary school during their elementary school years; Initial Study C-02-215 Page 7 of 8 January 8,2003 3) The students may have to attend elementary, junior high and high schools that are on double session, extended day, or year-round schedules, or students may attend new facilities when they are constructed. The district has adopted developer fees in accordance with current state law, which will require the developer of this project to pay a fee for school facilities per the adopted schedule of fees. In addition, the District has requested that the owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. Mitigation Measures: Pay development impact fees in accordance with adopted fee schedule. 12.0— HAZARDS Some hazard may be associated with the use of construction equipment but this is not expected to be significant and will be mitigated by a surrounding construction fence. The multi-family residential project will not utilize hazardous substances during operation. Mitigation Measures: No Mitigation Measures are necessary 13.0—AESTHETICS No public or scenic vista will be obstructed by the development and no valuable vegetation will be removed. The developer proposes a design that is compatible with surrounding developments. This project will conform to city ordinances requiring landscaping, setbacks, and shading. In addition, there will be screening of maintenance areas and landscaping of parking areas(50%) for buffering and shade. Mitigation Measures: No Mitigation Measures are necessary 14.0 - HISTORICAUARCHAEOLOGICAL-CONSIDERATIONS There are no adjacent historical or arc�iaeological sites..To ensure-that any possible sites will be protected, the following conditions have been added to this special permit approval: 1) If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating, or construction,work shall stop immediately. 2) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the Initial Study C-02-215 Paye 6 of 6 January S,2003 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. Mitieation Measures: No Mitigation Measures are necessary 15.0 — ENERGY In consideration of current energy stores and regulatory issues, any increase in the overall community energy use must be minimised. All new buildings in California shall meet energy efficiency requirements of; California Code of Regulations, Title 24 and Appliance Efficiency Regulations, Title 20. Development accomplished in accordance with these regulations should not cause excessive energy consumption with occupancy of the development. Mitigation Measures: No Mitigation Measures are necessary 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 based upon the mitigation measures required as conditions of project approval for the special permit, which have been added to the project as defined, are conditions upon which a negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION IS APPROPRIATE AND WILL BE PREPARED. MITIGATION MONITORING CHECKLIST — C-02-215 2.0 - AIR QUALITY s a,x 4 x t 8 xT Tis H �% - ♦�rlll `h 5 1VLtigaf�onR# - -nen ,�o$y , . .. .. ... ...... ._,. r ... There shall be no wood burning devices Developer Planning and utilized in conjunction with this Development Department development. With the prohibition of wood burning devices, the impacts upon air quality are less than significant. 2.4 - Generation of Construction Dust Y... Y It is required that watering of the project site Developer Construction Management occur at least twice daily with complete Division, Public Works coverage during the clearing, grading and earth moving phases of the project to cut down substantially on PM-10 emissions. 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: 1) Equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications; From August to October, the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 11.4 - Overcrowding of School Facilities npi emep... x m V, erified By, Pay development impact fees in accordance Developer Planning and with adopted fee schedule Development Department w CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Conditional Use Permit No. C-02-215 January 14, 2002 PART A - PROJECT INFORMATION 1. Assessor's Parcel No. 401-050-46 2. Job Address: 1224 E. Champlain 3. Street Location: Intersection of East Champlain Drive and East Perrin Avenue. 4. Existing Zoning: PC-1 (R-2) 5. Project Description: Leo Wilson is applying for Conditional Use Permit Application No. C-02-215 and Vesting Tentative Tract Map No. 5129, a one-lot condominium subdivision, that would authorize construction of a 188-unit, two story, gated condominium community. The site has an area of 10.46 acres, is located at the intersection of East Champlain Drive and East Perrin Avenue, and is zoned PC-1 (implemented by application of R-2 standards). The Woodward Park Community Plan specifies Medium High Density Residential uses for the subject property. The District is consistent with that designation and permits multiple family developments over two acres, subject to a conditional use permit. PART B- GENERAL CONDITIONS AND REQUIREMENTS The Development Director on January 27, 2003, approved the special permit application subject to these list of conditions and Exhibits C-02-215-A, -C, -C-2, & -D Dated 9-13- 02. This approval is subject to the completion of the notice and appeal period for the department's finding that the proposed project will not have a significant impact on the environment. A notice of the finding of negative declaration was published on January 16, 2003, providing any interested party with an appeal and comment period of 20 days. Notice of Conditions of Approval Conditlonu. Jse Permit No C-,112 2 5 the approval of the special permit was mailed to surrounding property owners on January 28. 2003, The deadline date for submittal of appeals in response to the mailed notice is February 13, 2003. Approval will become effective if no appeal is received in response to the mailed notice or the published negative declaration notice. If an appeal is filed in response to either notice, the matter will be set for public hearing before the Fresno City Planning Commission. Building permits will not be issued for this project until the 20-day appeal and comment period has elapsed.or, in the event of an appeal, until the Planning Commission has acted on the appeal. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions, under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Director within 15 days. In the event you wish to appeal the Director's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by February 18, 2003. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer or designer to disclose and delineate all facts and information relating to the subject property and the proposed development, including but not limited to the following: 1) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; January 14, 2003 Page 2 Conditions of Approval Conditio. Use Permit No, C-02-215 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 other than 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 September 13, 2002) 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 permits relative to planning and zoning issues comply with the following ten days before applying for building permits; 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/or studies or analyses to the Planning Division. The Planning Division must complete the backcheck process prior to issuance to building permits, please allow for ten days to complete this process. 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 prior to 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 authorized unless the final stamped approved site plan, 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. Call Norman Allinder at 559/621-8063. January 14, 2003 Page 3 Conditions of Approvai Condition,, Jse Permit No. C-02-215 PARI' C - PUBLIC IMPROVEMENT REQUIREMENTS 'The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications or street improvements may be directed to Public Works at 559/621-8812 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Rick Sommerville at 559/621-8075 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1) STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit "A" is required to include the location of all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. i) A minimum 4-foot wide path of travel is required along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement and construction of a path may be required if Title 24 requirements cannot be met within the existing public rights of way. b) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City Engineer. For encroachment permit information, contact the Public Works Department, Engineering Services Division (David Coker) at (559) 621-8693. Encroachment permits must be approved prior to the issuance of building permits. c) DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: i) Dedicate pedestrian easements at all drive approaches. ii) Dedicate corner cut-off at Perrin and Champlain entrances (see Exhibit A). d) VACATIONS. The vacation of the following easements shall be satisfied prior to the issuance of building permits: i) No vacations required at this time. January 14, 2003 Page 4 Conditions of Approval Conditic. ise Permit No C-02-2' ?) STREET IMPROVEMENTS a) STREET WORK PERMIT. The perfonnance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division (Gary Witzel) at (559) 621-8681, prior to commencement of the work. All required street improvements must be completed and accepted by the City REj2E to final occupancy. b) The property shall be improved in accordance with the provisions of FMC Section 11-208. All public street improvements shall be constructed in accordance with the Standard Specifications of the City of Fresno, Public Works Department and the engineered street construction plans required and approved by the City Engineer. The final corrected exhibit (Exhibit A) shall incorporate all required dedications, parking lot geometrics and improvements required as conditions of approval for the development. c) Install permanent paving, paving transitions, concrete curb, gutter, sidewalk and driveway approaches, street tree wells and irrigation, bike paths, bus bays, right turn lanes, etc. as determined by the City Engineer on all street frontages. Wheelchair ramps shall be installed at all curb returns. Additional requirements are noted on Exhibit A. d) Driveway approaches less than 8' in depth (refer to Public Works Department Standard Drawing Nos. P-2 and P-3 for details) requires the installation of a concrete pedestrian walkway behind the driveway approaches to provide a 4'wide clear path. A pedestrian easement is required for the path area located outside the public street easement. e) Install three E-1 type streetlights along Champlain Dr. and two E-1 type streetlights along Perrin Ave. per City Standard Drawings, as determined by the City Traffic Engineer (see Exhibit A for locations). Engineered street lighting plans are required and must be approved by the Public Works Department, Traffic Engineering Division (559) 498-1436 prior to commencement of the work. f) Existing concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 498-1451. Such repairs must be completed prior to final occupancy. 3) WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES a) SEWER CONNECTION CHARGES (FMC Section 9-503-a). The following sewer connection charges are required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection January 14, 2003 Page 5 e Conditions of Approval -onditionu„ use Permit No. C-02-215 charges adopted by the Council prior to the issuance of building pen-nits may also be applied. i) Lateral Sewer Charge(based on property frontage to a depth of 100') ii) Oversize Sewer Charge (based on property frontage to a depth of 100') iii) Wastewater Facilities Sewer Charge (based on living units; applicable only to residential development consisting of less than 4 living units) iv) For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at(559) 621-8600. (1) Trunk Sewer Charge (based on living units; applicable only to residential development consisting of less than 4 living units) (2) For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. b) WATER CONNECTION CHARGES (FMC Sections 14-107 to 14-110). The following water connection charges are required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. i) Frontage Charge (based on property frontage) ii) Transmission Grid Main Charge(based on acreage) iii) Transmission Grid Main Bond Debt Service Charge(based on acreage) iv) Fire Hydrant Charge(based on square footage to a depth of 250') v) UGM Water Supply Fee (based on living units, living unit equivalents or acreage) vi) Wellhead Treatment Fee(based on living units or living unit equivalents) vii)Recharge Fee(based on living units or living unit equivalents) viii) 1994 Bond Debt Service Charge (based on living units or living unit equivalents) ix) Service Charge(based on service size required by applicant) x) Meter Charge (based on service size) January 14, 2003 Page 6 Conditions of Approval Conditic Jse Permit No. C-02-215 4) POLICE SUB-STATION FEE FOR NORTHEAST FRESNO a) The sub-station fee is required and will be payable at the foe rate listed in the Master Fee Schedule at the time of issuance of building permits. 5) URBAN GROWTH MANAGEMENT (UGM) REQUIREMENTS AND FEES a) UGM FEES (FMC Sections 12-4.500 to 12-4.510). The following UGM fees are required and will be payable at the fee rate listed in the Master Fee Schedule at the time of payment is due. New UGM fee rates adopted by the Council prior to issuance of building permits may also be applied. For information relating to UGM fees contact the Development Department, Land Division & Engineering Section(Frank Saburit) at(559) 621-8077. i) Fire Station Fee (based on gross acreage, service area and zoning) ii) Neighborhood Park Fee (based on gross acreage, service area and zoning) iii) Major Street Charge(based on acreage and service area) iv) Major Street Bridge Charge (based on acreage and service area) v) Traffic Signal Charge(based on acreage) vi) Grade Separation Charge(based on acreage and service area) vii)At-Grade Railroad Crossing Charge(based on acreage and service area) viii) Major Street Right-of-Way Acquisition Charge(based on actual costs) ix) Millbrook Overlay Sewer Service Area (based on acreage) PART D- PLANNING/ZONING REQUIREMENTS PLANNING 1) Development is subject to the following plans and policies: a) Woodward Park Community Plan and Planned Community One Development Agreement 2) Submit final landscaping and irrigation plan to Planning and Development Department, Planning Division 10 days prior to issuance of building permits. 3) Submit operational statement as to how entrance and exit gates will function. January 14, 2003 Page 7 Conditions or Approval Conditlonu. ise Permit No. C-02-215 BUILDING SETBACKS AND YARDS 4) Provide the following minimum landscaped building setbacks: a) 20 feet along Perrin Dr. and Champlain Ave. property lines (front yard standard); b) 20 feet along southeast property line (rear yard standard); c) 10 feet along Hickory Hill Dr. (side yard adjacent to street and residential interface); d) 5 feet along west/northwest property line(adjacent to commercial lot). i) With the additional right of way required to be dedicated as a function of the amended trial alignment the layout of the buildings do no conform to this zoning standard. Resubmit site plan with corrections 10 days prior to issuance of building permits. 5) Provide the following minimum fence setback for any fence over 3 feet (4 feet for wrought iron): a) 10 feet along all property lines. i) The submitted plan does not comply with this requirement, resubmit site plan with corrections 10 days prior to issuance of building permits. 6) 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 the site plan. The backflow device shall be screened by landscaping or such other means as may be approved (Put this note on the site plan). LANDSCAPING 7) 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). 8) Landscaping must be in place before issuance of the certificate of occupancy. (Include this note on the site plan and landscape plan). 9) Prior to final inspection, a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and January 14, 2003 Page 8 Conditions of Approval Conditioi Jse Pefmit tie -02-215 irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (Include this note on the site plan). OFF-STREET PARKING 10)A minimum of 282 automobile parking spaces is required. This requirement has been met. All parking stalls shall be marked with striping, as approved by the City of Fresno. 11)No parking area or parking space which is provided for the purpose of complying with the provisions of this Zoning Ordinance shall hereafter be relinquished, reduced or altered in any manner below the requirement established herein, unless equivalent facilities are provided elsewhere, the location of which is approved by the City of Fresno. 12)Provide a minimum of 7 handicapped parking stalls in accordance with the State of California Building Code. All handicapped parking stalls shall be of a width providing at least 14 feet of usable space. Refer to the "Development Requirements for Handicapped Accessibility" of above-mentioned code. 13)All handicapped stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan). 14)All handicapped parking stalls shall be placed adjacent to facility access ramps or in strategic areas where the handicapped shall not have to wheel or walk behind parked vehicles while traveling to or from handicapped parking stalls and ramps. Include this note on the site plan). 15)Lighting where provided to illuminate parking, sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works. (Include this note on the site plan). OPEN SPACE 1 b)In lieu of trail as denoted on Dominion Master Plan, dedicate and construct a 15-foot enhanced pattern pedestrian walkway. This enhanced path of travel shall conform, at a minimum, to the following standards: a) Path shall be constructed as a 10-foot sidewalk, of enhanced material, between property line and planting strip and a 5-foot planting strip between sidewalk and street. b) Materials shall be coordinated with those used at the northwest corner of Perrin Ave. and Champlain Dr.; January 14, 2003 Page 9 Conditions of Approval Conditionu, Jse Perm!t r*., 02-215 O L,A fp PCC cXwGoc> DQ - 0 Enhanced sidewalk shall be installed around the perimeterNof project site and interface appropriately v,,ith adjacent sidewalks; d) All street trees listed in Part E of this document shall be planted within the planter strip. OUTDOOR ADVERTISING 17)Signs, other than directional signs. if a0licable, are not approved for installation as part of this special permit. Submit for a separate or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. 18)Currently an illegal off-site subdivision sign is located on site. Prior to the issuance of building permits all illegal signs shall be removed from site. PART E-CITY AND OTHER SERVICES FLOOD CONTROL REQUIREMENTS 1) Comply with the attached Fresno Metropolitan Flood Control District memorandum, dated October 09, 2002. (Contact Fresno Metropolitan Flood Control District at 559/456-3292 for further information). 2) A $29,701 Fresno Metropolitan Flood Control District drainage fee must be paid prior to issuance of building permits. 3) Submit a grading plan to Fresno Metropolitan Flood Control District for review prior to issuance of building permits. FIRE PROTECTION REQUIREMENTS 4) All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. (Include this note on the site plan). 5) Comply with requirements of the attached Fire Service memorandum dated October 01, 2002, and notes on Exhibit A for fire hydrants and/or emergency access. (Contact Fire Prevention, 559/498-1023 for further information). STREET TREE REQUIREMENTS 6) Comply with Park Division street tree requirements, per Section 11-304, Fresno Municipal Code, see attached memorandum, dated October 08, 2002. Provide a minimum of 14 London Plane street trees along Hickory Hill Dr., a minimum of 9 Chinese Tallow street trees along Perrin Ave. and a minimum of 7 Raywood Ash street trees along Champlain Avenue. January 14, 2003 Page 10 Conditions of Approval Conditic. Jse Permit No. C-02-215 • 7) A Parks Division fee of $900, to inspect street trees, must be paid prior to the issuance of building permits. SOLID WASTE COLLECTION 8) Provide a covenant stating that garbage collection will be at designated areas due to limited access by collection vehicles. Denote pickup areas on site plan. These requirements must be met prior to the issuance of building permits. 9) Provide signed agreement, satisfactory to the Department of Public Works, Solid Waste Division, that all green waste will be removed from site by landscape contractor and recycled in accordance with ordinances and policies of the City of Fresno. HEALTH PROTECTION REQUIREMENTS 10)Comply with the requirements of the County of Fresno Department of Health, dated November 20, 2002 (Contact Fresno County Health Department at 559/445-3271 for further information). PART F- MISCELLANEOUS 1) Roof-mounted and detached mechanical equipment shall be screened from view and acoustically baffled to prevent the noise level rating for the equipment from exceeding 55 Ldn measured at the nearest property line. (Include this note on the site Wan . 2) The construction phase of the project will be subject to the San Joaquin Valley Air Pollution Control District Regulation VIII, Rule 8020, related to the control of dust and fine particulate matter. Contact the District at (559) 230-6000 for their requirements and/or permits. 3) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. i) 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. fl) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An January 14, 2003 Page 11 Conditions of Approval Conditionu. Jse Permit No. C-02-215 ' assessment shall be conducted by a paleontologist and, if the paleontologist detcnnines 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 Development Department Director within 15 days. NLAK:Maste6C-02-215 Enclosed: Exhibits and Comments January 14, 2003 Page 12 RECORDING REQUESTED BY AND RETURN TO: IIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII IIIIIIII PACIFIC GAS AND ELECTRIC COMPANY FRESNO County Recorder Land Services—Fresno Robert C. Werner 650"O"Sbeet, Bag 23 DOC— 2005-0009370 Fresno, CA 93760-0001 Check Number 517 Location: Ciyy/Un _ Thursday, JAN 13, 2005 13:28:14 Recording Fee _ Ttl Pd $15.00 Nbr-00@1708631 Document Transfer Tax s JZG/R2/1-3 f 1 Comput on Full value of Property Conveyed, or I 1 comput i F%01 Value Less Liens a Encumbrances Remai of ale. Slgnaturdyo t or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) (Applicant: son Dominion Apartments PM 30293957) EASEMENT LEO WILSON CO., 1NC. , a California Corporation, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, an easement and right of way to construct, reconstruct, install, inspect, maintain, replace, remove, add to, and repair, at any time and from time to time, underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals; and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof (underground easement),as second party deems necessary; and one or more underground pipes with suitable service pipes and connections, as second party deems necessary for the conveyance of gas (gas easement); together with the right of ingress thereto and egress therefrom; in, on, over, under, across and along that certain real property located in the County Of Fresno , State of California, described as follows: APN 401-050-46 The strips of land of the uniform width of 10 feet, the approximate center lines of which are delineated upon second party's map Exhibit "A", attached hereto and made a part hereof, lying within the parcel of land conveyed by Redlaw Development Company, a General Partnership to Leo Wilson Co., Inc., a California corporation by deed recorded January 15, 1991 as Document Number 91005814, Fresno County Official Records. First party further grants to second party the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communication facilities along said route or within said strip(s) or said parcel(s)of land. (including ingress thereto and egress therefrom). The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730(c) of the Business and Professions Code. P. t�PY 0 . Description:Fresno,CA Document-Year.DocID 2005.9370 Page: 1 of 3 Order:k Comment: All _ First party shall not erect or construct any building or other structure or drill or operate any well within said strip(s)or said parcel(s) of land. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated I�' -r", -, + LEC) WILSON CO. , INC., a California Corporation Area 9—Fresno LSO By. Distribution Department �('�� /� ' ,t��,r,^ M.D.B.& M., T. 12 S.,R. 20 E. , JO Ft W x.11„ SEC. 23, NW 1/4 OESW 1/4 NE 1/4 OF SW 1/4 FERC #: N/A By: PG&E DWG.NO. 30293951 AF/RE: N/A TOI: 4, 5, 43, 53 SBE #: N/A Quitclaim %: N/A PM # 30293957 JCN: N/A Fresno County UNN: N/A Prepared by: NJM Checked by: JEN Plat 1220233 a 1220236 621202 Notary(General)Re�v.8j/91 STATE OF CAPACITY CLAIMED BY SIGNER SS. COUNTY OF ))erdniduet(s)Signing Far OneadVrav awhres �� On «. .4 efore m;,the undersigned,a Notary Public for said State,personally I)Corporate t>f S)ofurAbove NsnadC-poraom s) appeared 1 1 Guardian of the Above Named k4viduags) M-fersonally known to ntc-OR-I (proved to me on the basis of satisfactory evidence to be the person(s)whose I I Panner(s)of the Above Named Partnersrsp(s) name(s)isfarc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/thcir authoiizcd cupacity(ics),and that by his/IterAkir signaturc(s)on the instrument the pcoon(s),or I IAeorner(*Hr+Fadotthe Above Amu dRinow(s) the entity upon behalf of which the person(s)acted,executed the st m•tt. ✓�R 1 I Truvee(s)of the Above Netted TfUat(s) WITNESS my hand and official seat, COI)frt1UM 01{234H 'r NO"Pubic-Caftmia I I Other PfM/10 MyCanns.btpft,pn I 420G7 ignature Description: Fresno,CA Document-Year.DocID 2005.9370 Page:2 of 3 Order:k Comment: EXHIBIT "A " I � 1 elec.i � 11 LEGEND u � APPROXIMATE CENTERLINE Of W EASEMENT STRIP •`� • \ i PROPERTY UNE NEW SERVICE LINES aloc e z 1 1 LEC] WILSON CO., INC., A CALIFORNIA CORPORATION ARN# 40 1 -050-46 DOC# 91005614 F.C.O.R. xc.&M. y eloc.I .IOL 17 NW 1/4 OF SW 1/4 era.• & NE 1/4 Unless otherwise shown ", " OF oil courses extend to or °f olong boundories or lines —]I \ SW 1/4 Applicant: SCALE DATE Wilson Dominion Apartments I,ts 11/15/04 SECTION TOWNSHIP RANGE I MERIDIAN COUNTY OF.FRESNO CITY OF: Fresno 23 12S 20E MD6&M F.B: n/0 DR.BY: NJM CH.BY: PLAT MAP 1220233 & 1220236p G&E FRESNO 100865135 30293957 REFERENCES 3029652OGas 30293957EIec DIVISION AUTHORIZ DRAWING NO. Description: Fresno,CA Document-Year.DoclD 2005.9370 Page:3 of 3 Order.k Comment