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HomeMy WebLinkAboutT-5137 - Conditions of Approval - 6/4/2008 City of � Planning and Development Department _.......................-----............. - _..__ _ 2600 Fresno `street « Third Floor Nick P.Yovdno Fresno, Catitornia 93731-36€14 Director (559" 691-8003 • FFAX (559; 498-1013 �vrewr.#resno,gov March 4, 2003 .Pl�ame.Re,& To: Sandra Brock (559) 621-8€ 41 Azo: Lucas Lars Andersen & Associates 4634 West Jacquelyn Avenue Suite 119 Fresno, California 9372.2 Dear Mr. Lucas- SUBJECT. ACTION OF THE FRESNO Crl"Y PLANNING COMMISSION* RELATING TO TENTATIVE TRACT MAP NO. 5137;`UGM The Fresno City Planning Commission,at its regular meeting of February 19,2003,took the following actions regarding the above-referenced application.: I. APPROVED the Mitigated Negative Declaration issued on January 1.4, 2043, .for Environmental Assessment No. '17-5137, subject to compliance with the mitigation measures specified in the Mitigation Monitoring Checklists for this environmental assessment. `?. APPROVED Tentative Tract No.51.37/ GM subject to compliance with Development Department Conditions of Approval dated February 19,2043. The project is a 131-lot single-family residential subdivision on 28.47± acres of land located on the southeast corner of Nest McKinley and North Polk Avenues,with a 6.31-x-acre remainder which was previously zoned for commercial use. ' he section of the Planning;Commission on this tentative tract neap has not been appealed,and is final. Enclosed is a copy of the Planning Commission resolution approving the tentative tract map and Mitigated Negative Declaration prepared for the project, a copy of the Conditions of Approval for Tentative Traci Map No. 5137/UGM; a copy of the.Mitigated Negative Declaration with mitigation measure checklists.- and a copy of the cover sheet for the Notice ofDetern-.ination package filed with the Fresno County Clerk(a California.Environmental Quality Act procedure relating to the posting;of approved environmental assessment documents). Pursuant to our recent discussion,soil testing should be done for lead residues in any area of potential battery dumping(e.g.,at the southeast corner of the subdivision),as past of the soil testing required for Final Tract Maps. RLE Art.Lucas, Lars Anderson& Associates, hicorporated RE- FINAL APPROVAL LETTERFOR TENTzV]'IVE'TRAC'TMAP No. 5,137""U&III March 4, 20f)I Page 2 'if you have any additional questions conceming this project, ;)Ievw contact our'o-ffilce. Sincerely, PLAIN�NIIIINN DIVISIONT Sandra Brock Planner U ESBPROATT-5 137 16 Enclosures: Copy of Plarming Commission Resolution No. 11814,dated.February 20, 2003 Copy of Conditions of Approval for"Tentative:Tract Map No. 5137SIUGM' t1ated.February 19, 21003 Copy of Environmental Assessment No.T-5137(Mitigated Negative Declaration filed on January 14, 2003 and Corrected Final Initial Study dated February 19,200) Copy of Notice of Detennination cover sheets and receipt,dated,March 4,2003 C'. David McEntire, President, Amstar Homer, Fae Perry,Trans-Universal Corporation -----FRES O CITYPLANNING C0N- 4M[S'SI(__)N RESOLI.710111N NO. I 18 14 The Fresno City Planning Commission at its regular meeting on February 19, 2003, adopted the followinc,resolution pursuant to the Subdivision Map Act offhe Government Code of the State of Calift)rnmand the Municipal Code of the City of Fresno. WHEREAS, a Tentative Map of Tract No. 5137.11UGM was filed with the City of Fresno and proposes a 131-lot single family residential subdivision on approximatelyA1 .47 acres of land plus an. approximate 6.31-Mere remainder, located southeast of the intersection of West McKinley Avenue and North Polk 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, W'HEREAS, the Development Department staff recommended approval of the proposed project subject to all conditions of approval kind mitigation measures contained in the stafl.'report dated February 19, 2003; and, WHEREAS,two persons spoke in opposition to the project with regard to the previously approved Director's Determination for the right-of-way of North Polk Avenue between West McKinley and West Floradora Avenues; and \VHEREAS, the Commission deliberated and did not advise changing the established Director's Classification for the right of way of North Polk Avenue south of West McKinley Avenue. NOW,THEREFORE, BE IT RESOLVED that the Planning Commission considered the proposed N—litigated Negative Declaration and Initial Study prepared for Environmental Assessment No, T-5137, issued on January 14, 2003, that the Commission finds that there is no substantial evidence in the record that the proposed tract map may have a sign]ficant adverse effect on the environment;and that the Commission hereby approves Mitigated Negative Declarationtoo.T-5137. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of 1"entativeTract Map No, 5137 is consistent with.the adopted General Plan, the adopted West Area Conn-nunity Plan, any applicable specific plan, and the findings required pursuant to California Government Code Section 66410 el seq.. BE IT FURTHER. RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract No. 5137'J'JG.M subject to the Planning and Development Depai tment Conditions ot'Approval dated Febivary 19, 2003 PLr' NNINC; COM M1SS1()N RESOLURON NO11414 ental;v£;Tract.Map No, J'711 .� � €:jM Febru=-ry 21, 2003 Page d The foregoing Resolution was adopted by the Fresno City Planning Commissi£3n upon a motion by `omniissioner I1arrington, seconded by Commissioner K.issler. VOTING, Ayes - Harrington, Kissler, Brown, Fang, Brand, DiBudue Noes - None Not Voting - None Absent- None P. YOVINO. Secretary Fresno City Planning;Commission DATED. Febtuary 21, 2002 Resolution No. 11414 Tentative Tract No. S 137.,UC"ri'Vl Filed by: Astaar Homes, Inc. and Tran.-[.Universal Company Action. Approved with Conditions f.... b CS W CL •� � 4 yf y<. i - t 364 Ik 3 V' i 8:.e x �;nsi,�`.m'si:$.;s�w'3'•'nom:.;':eF ' x .I.w � � �.'� � e t:: t: i • %6. 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' ,._...,,»........ \ i { -5/ i . ; E ffi , 9%c K P b.,.. 3 E. AVE AVE a ! � l f/ :— (W E � x VICINITY IWA N' PLANNLNG & IPETVELCIPAIENT NOTICE OF PUBLIC HEARING N DEPARTMENT TENTATIVE TRACT MAP NO. TT-51 37/UGA,,l A. .N,: ...._......... W4. ZOITE, MAP.224 ..._.._ South of W, McKnley, East of N, Polk Avec. BY/DAT . ...... � .,..1...1� :.�� _.... NOT TC3 SCALE f••••••rot. !:7. wawmroa m.r...vsw✓mwuw REPORT TO Tk..z PLANNING COMMISSION AGEIiOA ITEM NO. vZJ1_C •. COMMISSIONMEETING: 2119113 etruary 19, 2003PPR{' VEP SY l E FROM. STAFF. Planning Divisio 4 in Development Departmen DiEP RTNIEN Ts [)!RECTOR SUBJECT. CONSIDERATION OF TENTATIVE TRACT MAP NO. 51371UGM F EXECUTIVE UMMA Y Tentative Tract Map(TTM)Application leo. 5137 is a request to subdivide approximately 34.3 acres located southeast of the intersection of West McKinley Avenue and North Polis Avenue. The subdivision will consist of 131 single family residential lots on 25.47 acres, with a 6,31-acre remainder zoned for neighborhood shopping enter development. This property has a dual designation for medium-density residential use and for public facilityr`middle school in the 2025 Fresno general Plan and West Area Community Plan. The portion of the property being subdivided by T M 5137/UGM already has R-1,'t GM/cz zoning (Single-Family Residential District., Urban Growth Management Area, conditional zoning) which has been perfected (and conditions of zoning satisfied) through obtaining a City of Fresno Public Works Director's Determination for North Polk Avenue arterial street alignment and by dedicating the required right-of-way on Nest McKinley Avenue and on Forth Palk Avenue in conformance with the existing City Council-accepted Director's Determination for the right-of-way and alignment of this segment of North Polk Avenue. Staff recommends approval of this Tentative Tract Map. PROJECT INFORMATION I s PROJECT: A 131-lot single family residential subdivision on 28.47±acres to be developed at an overall density of 4.6 units per acre APPLICANT, Amstar Homes, Incorporated and Trans-Universal Company � LOCATION: Southeast of the intersection of 'west McKinley and North Polk ,Avenues (Council District 3, Cynthia Sterling) SITE SIZE: 34.3 acres (including 5.31 zcre remainder) x LAND USE: Existing - Vacant Proposed- Single Family Residential PLAID DESIGNATION 'west Area Community Plan dual designation for AND CONSISTENCY, Medium Density Residential or Public Facility/Middle ol ENVIRONMENTAL FINDING: Proposed Mitigated Negative Declaration issued and noticed in the Fresno Bee on January 14, 2003 re-noticed in the Fresno Bee on January 25, 2003; comment/appeal period ended February 13, 2003 a PLAN COMMITTEE West Area Citizens Advisory Committee recommended RECOMMENDATION-, approval with conformance to applicable West Area plan standards and a solid wall between the future shopping center l on the remainder and abutting tract lots. i STAVE RECOMMENDATION, Approval of project, subject to compliance with the conditions listed below and conformance with mitigation measures of Environmental Assessment No. T-5137 _ l REPORT TO THE PLANNING COMMISSION Vesting Ter-tative Tract Map No, T-51371UGM Page 2 February 13, 2003 BORDERING PROPERTY INFORMATION PLANNED LAND USE XISTING ZONING EXISTING USE Arterial Street W. McKinley Avenue (W, McKinley Ave.) _y (center two-lanes developed, and AF- f U M, median island delineated, with turn Exclusive Agricultural, pocket developed for N. Palk Ave,) NORTHMedium-High DensityFivt-Acrt Minimum and Residentialand Parcel size/UrbanPublic Facility, Growth ManagementF FCU Ponding BasinCl Ponding Basin Area (fenced; less than 1/4 excavated) and vacant lead (along Polk Ave.) Elementary School SOUTH and Medium Density P-51U M vacant lend Residential (dual designation) AE-5/UG vl (incorporated portions; R-1/Ur zoning expired with Tract �s� Medium Density zoning rural residential and vacant land No. �1��� Residential and (expired City Tract leap No. 414011 R-R, Rural Residential (unincorporated portion) ` Arterial Street undeval ed right-of-way (N. Polk Ave.) (the wesf belt of this 110`-wide R-R arterial is dedicated; acquisition of and (unincorporated parcel) thr half of this UCS major WEST strnter section is pending) Office Commercial rural residential with agriculture _(residence and fruit trete BACKGROUND l ANALYSIS Tentative Tract Map No.T-5137IU A proposes a single-family residential subdivision consisting of 131 lots, The overall site (Assessor's Parcel Number 312-101-36) is 34.8±acres in area. The proposed tract map would subdivide 28.47 acres zoned R-11U M/cz, Single-Family Residential District/Urban Growth Management Area/conditional zoning. There would be a 0.31-acre remainder at the corner of North Polk and West McKinley Avenues(this remainder is already zoned C-I/UG 1ltcz, Neighborhood Shopping Center District/Urban Growth Management Area/conditional zoning). Zoning for this property was assigned through City of Fresno Rezoning No. R- - 8 and the conditions of this zoning were satisfied when a City of Fresno Public Works director's Determination was approved for the abutting segment of North Poly Avenue(a planned arterial street which has not yet been constructed in this area) and through dedication of right-of-way for North Polk Avenue and Meat McKinley Avenue along the western and northern boundaries of APN 312-101-36, REPORT TOTHE PLANNING COMMISSION Testing Tentative Tract Map No. T-5137/UGM Page 3 F=ebruary 19, 2003 The TTM 137,/UGM site is located within the newly created West Area Community Plan, which replaced the western half of the Fresno-High Roeding Community Plan, The West Area Community Plan and the 2025 Fresno General Plan designate the tract map site for two alternative possible uses: Medium Density Residential use (which is being exercised by this tract reap) or Public FacilitylMiddle School (a use which Central Unified School District could exercise if it were to purchase this property). The school district reviewed the tentative tract map arta commented on it within the statutory time required y the Subdivision Map Act (see memorandum from Central Unified's Facilities Planning Manager, dated December 12, 2002). These comments did not state that this tract map would adversely impact the school district, provided that sidewalks and street improvements were made to facilitate student transportation. After the statutory comment period had ended, the school district seat a letter to the Planning and Development Director elated January 3,2003). This letter requested that processing of tentative tract map be halted. The Planning and Development Director replied can January 6, 2003, explaining that the Subdivision Map Act has statutory processing timelines that do not allow processing of a map to be halted for this reason, (if the City of Fresno were to withhold approval of the tentative tract reap for this reason, the property owner could claire that inverse condemnation was being used.) Central Unified School District has,thus far,not entered an agreement to purchase the TTM 137/UGM site. This leaves the property owner free to exercise the land's alternative residential land use plan designation and apply for subdivision and development permits, Residential development of this site may require that Central reified School District find another alternative middle school site, if the school district were somehow unable to find any replacement middle school site, it could still use its powers of eminent domain to acquire the TTM-5137/U M site even after homes are constructed and occupied. Central Unified School'District was furnished with a copy of Environmental Assessment No,T_3137 and has sent another letter with some technical corrections—but the district did not lodge an appeal of the proposed finding that a Mitigated Negative Declaration is appropriate for this project. The suggested corrections have been incorporated into the text of the Final Initial Study (the corrected text is dated February 14, 2003)< According to the land use consistency table (or "matrix") adopted for the 2025 General flair (and applied within all community plans),a Medium Density Residential designation allows 4.99-10,37 dwelling units per acre. The proposed subdivision would yield 4.6 units per acre. Although the applicant is proposing to develop the site at a density under the lower threshold of "Medium Density," Fresno Municipal Code Section 12-403-b(l)states that a developed residential density can be as low as the minimum density of the next-lowest residential lana use designation. The City of Fresno's next-lowest density designation, "Medium-Low Density Residential," allows 2.19 to 4.93 dwelling units per acre. Therefore,'Tentative Tract Map No. 51371UGM is consistent with the West area Community Plan's land use designation and permits use of the site for single family residential homes. Notices of the planning Commission hearing on this tentative tract reap were mailed to the school district and to all property owners having land within a 310-toot radius of the tract map's boundaries. Fresno County Assessor's records are used to obtain the property owner mailing list. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No, T-5137/03M Page 4 February 19, 2003 Lot Sizes and Dimensions TTM 137""UGM is also consistent with the previously-assigned R-1 (Single Family Residential District) zoning. All of the lots in the subdivision equal, or exceed, the rninirnurn lot size requirement of the R-1 zone District. Major Streets According to the 2025 Fresno General Plan (arid West Area Community Plan) Circulation Map; West McKinley and North Polk Avenues are classified as a arterial streets. Fully developed arterial streets have a capacity of 31,700 to 47,900 vehicle trips per day. When the center section (center two travel lanes.) are developed—a requirement of the City's Urban Growth Management (UGM) Ordinance--the estimated capacity is at least 10.000 vehicle trips per day. The Public Works Department, Traffic Division has reviewed TTM 5137/UGM and has determined that the streets relating to the site will be able to carry the quantity and bind of traffic generated, subject to recommended conditions, These conditions include improvement of the West McKinley Avenue frontage of this property with bike lane, gutter, curbing, and sidewalk, the construction of the center section of North Polk Avenue from Floradora Avenue to McKinley Avenue (also a requirement for final tract maps filed for Vesting Tentative Tract Map 4493 to the west), and construction of TTM 5137's full frontage along North Polk Avenue. The applicant for TTM 5137/UGM will be required to relinquish all direct access rights to Vest McKinley from the two TTM 137/UGM lots which side-onto that major street(Lots 48 and 49) and to relinquish direct access to North Polk Avenue from the eleven lots which back-onto or side-onto that major street. When development is proposed, an applicant is generally required to dedicate major street right-of-way through the exaction process (quid pro quo, granting development rights in exchange for public improvements), When no development is proposed along one or both halves of a required major street segment, that right-of-way has to be purchased by the City (and is typically paid for by a development fees assessed upon the project for which major street access is required). In the case of TTM-5137/UGM, the owners of APN 312-101-36 have already dedicated their portion of additional right-of-way on West McKinley Avenue and have already dedicated their planned(easterly)half of Polk Avenue right-of-way already. These dedications were made to satisfy conditions of, and to perfect, City of Fresno Rezoning oning No. -08. The westerly half of Polk Avenue right-of-way, however, still needs to be purchased. This right-of-way is deeded to construct the UGM-required center section of forth Polk Avenue for this project(TTM 13 a 1UGM) and also for final tract maps filed perVesting Tentative Tract Map ( TTM) 4493/UGM. (VTTM 4493rUGM is located on the south side of gest McKinley Avenue west of North Polk Avenue. Three final reaps have been filed under °cr''ITM 4493/UGM. The first phase of VTTM 449 aUGM, taking its access from 'West McKinley Avenue, is already under construction and homes are offered for sale.) In considering Rezoning No. 95-08 .and Vesting Tentative Tract Map 4.493 to the west, the Planning Commission and City Council reviewed and upheld the City of Fresno Public storks Director's Determination for this segment of forth Polk Avenue;, This Director's Determination established a precise alignment and right-of-way for forth Polk Avenue pursuant to Fresno Municipal Code Section 11- 08(d), REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract flap No, T-5137iUG%,1 Page Febr nary 19, 2003 The alignment for this segment of forth Polk Avenue was based upon the very longstanding practice of taking half of a major street's right-of-way on either side of a Section line, using the historic Township, Range, and Section surveying pattern of original `€arid grants in the West. 1n this way, property owners on either side of a major street will be expected to provide equal amounts of right-of-way along a major street frontage. Deviations from this practice have only been done to reflect previous(historic)County right-of-way determinations and to go around significant physical features to avoid impacts. The Directors Determination for the McKinley to dive of North Polk Avenue has, in the past, been opposed by owners of property on the gest side of the segment. These property owners have sought to shift the street alignment eastward,sparing more of their property. This would shift the majority of the land dedication requirement to the east side of the Section line. In order to provide the planned 11 t3`standard arterial street right-of-way,the property owners on the east side would have to dedicate more than twice as much right-of- way as those on the west side of the section line (77' of right-of-way on the east side of the Section line, versus ' on the west side of the Section lime), A letter was received on February 10 from one of the owners of this property, David Simonian, requesting that the Planning Commission require Tentative Tract flap 51 7.UGM to be conditioned upon moving the right-of-way for North Polk Avenue another 20 to 25 feet farther eastward (see attached letter from David Simonian, dated February 10, 2403), If the Commission were to impose the requested condition, it would remove approximately one acre of land from Tentative Tract Map No. 5137.1UGM and its remainder. This right-of-way "take"'would be in addition to the 55` gide strip of.land already dedicated for Polk Avenue by the applicants when.they satisfied conditions of Rezoning R-95-08 by dedicating their full half of the right-of-way. As noted in the March, 1998 City Council report that qtr. Simonian attached to his letter, it is the opinion that shifting Polk Avenue eastward in this manner would adversely and disproportionately affect the property owners on the east side of this planned major street. Imposing a condition to re-align North Polk Avenue eastward would not be in conformance with Tract map Conditions previously approved by the Commission and City Council for Tentative Tract trap 449 F`UGM and memorialized in the Subdivision agreements for the three Final Tract daps filed under TT 4493/U M. Re-aligning North Palk avenue would require that street construction plans for North folk Avenue be redrawn by that developer's professional engineer (and re-reviewed by the City and County Public Works staffs). Re-aligning this segment of North Folk avenue as requested by lir, Simonian would require that transitions (appropriate curves) for a meandering right-of-way would need to be designed north and south of this segment. This would have further impacts on other property owners north of McKinley and south of Rioradora avenue. Mr. Simonian attempts to use the North folk right-of-way at West Dakota Avenue to justify his request. Dakota avenue is 1% miles and three major street intersections north of the subject property, and there is no justification for shitting a-2-mile segment of Polk avenue eastward all the way from Dakota to Ploradora Avenues, The Polk/Dakota intersection was designed by Fresno County and it is possible that the City of Fresno will need to re-design it and adjust the Polk avenue right-of-way when the City does its ultimate Official Plan Line for Polk avenue. REPORT TO THE PLANNING COMMISSION 'Jesting Tentative Tract Map No,T-513i.1,'UGM Page 6 February 19, 2003 Finally, shifting this segment of North Polk Avenue off Mr. Simonian's property as requested would require that another Director's Determination be done for this segment of North Polk Avenue, or that a Polk Avenue Official Plan Line ("CPL'°), a type of specific plan for major street alignment, be done. Fresno Municipal Code Section 11-208(d) empowers the City Public Works Director to do a Director's Determination. However, Section 11-208(d) does not give the Planning Commission that major street design/engineering authority. Therefore.the Commission could not impose a Tract Map condition that sets a new alignment for North Polk Avenue and effectively mares a new"Director's" Determination. The City of Fresno .still intends to do an Official Plan Line for the entirety of Borth Polk Avenue, from the Test.Shaw Avenue/Freeway 99 interchange to the southern limit of Fresno's Sphere of Influence, however, that comprehensive Official Plan Line project is still not feasible, given that Cal-Trans has not yet finished designing the Shaw/99 interchange which will greatly affect the northern end of Polk Avenue, The California Subdivision Map Act requires that tract maps be consistent with general and specific plans in place at the time of acceptance of the tentative map. The Map Act also requires that subdivision maps be processed expeditiously. Since there is no adopted North Polk Avenue OPL, Tentative Tract Map No. 5137/UGM cannot be delayed until an CPL is completed, nor can it be made to conform to an undetermined future specific plan. Planning and Public Works Engineering staff have met extensively with Mr. Simonian on this issue in the past, and have explained these matters to him. Pursuant to Mr. Simonian's request, the Director's Determination for this segment of North Polk Avenue was reviewed by the Fresno City Council in 1998. After conducting a public hearing and considering the request to re-align Polk Avenue eastward, the Council declined to take action to amend the Director's Determination for this segment of Borth Polk Avenue and thereby declined to require ars additional right-of-way dedication from the property owner who has now submitted TT-5137't.1CM. The:adapted 2925 Fresno General Plan and West Area Community plan show the that the unincorporated 10+ acre property immediately to the west of Tentative Tract Map 5137IUCM as planned for office commercial use. This property currently has County RR (.Rural Residential) zoning and does not yet have any rezoning or development application in process; it is being used for residential and specialty tree fruit agriculture (pomegranates and apples). As related in his letter, the owner of this property has entered a tentative agreement for the City of Fresno to acquire 33'of right-of-way to construct this DCM major street center section (center two travel lanes,the first step in major street improvement), When the owner of this property applies to rezone this land from County RR to a more intensive district consistent with planned development potential of the site; the property will be referred for annexation to the City and the City Director's Determination will be applied to that entitlement (or,.perhaps the City will be able to adopt an Official Plan line by then). In the interim, any acquisition of right-of-way across the City boundary in the unincorporated area is sent to the Fresno County Board of Supervisors for review. On February 5"',the Board of Supervisors is scheduled to consider the City of Fresno Real Estate Section's request for permission to proceed with acquisition of North Palk Avenue street right-of-way sufficient to construct the required center section (center two travel lanes of forth Polk Avenue). REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5137/UGM Page 1, February 19, 2003 At this point, Planning and Public Works staffs see no material reason for altering the previous Director's Determination for this segment of North Polk Avenue, and there is no substantive reason to delay or disapprove TT-5137/UGM or the Mitigated Negative Declaration prepared for it. Street dedications require conversion of all types of land uses to major streets (agricultural, residential, commercial, industrial, and public facility land). Dedication of major street right-of-way to serve these more intensive uses is considered a standard quid-pro-quo exaction. Properties abutting major streets benefit from full improvement of abutting major streets, which creates traffic-carrying capacity and prevents traffic congestion. Use of Section lines as center-lines for these major street rights-of-way equalizes the dedication requirement for owners on both sides of major streets. LandscapinglWalls Given that this proposed subdivision abuts two arterial streets, the developer will be required to install and maintain twenty feet (20') of landscaping along these streets. In addition, the applicant will be required to install a concrete wall at the rear of the required landscape setback which will attenuate potential noise generated by vehicles traveling on West McKinley and North Polk Avenues. (The solid wall will also prevent direct access by subsequent owners of the lots where access to the arterial street is prohibited). 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 and the West Area Community Plan because the land use element diagrams of these plans designate the site for Medium Density Residential land uses and Fresno Municipal Code Section 12-403-B allows the proposed density of the project. The project design meets the applicable General and Community plan policies and zoning ordinance criteria for development. 4. 2. This site is physically suitable for the proposed type and density of development because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and 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 uses for agriculture and rural 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 insure that the subdivision conforms with City health and safety standards including (but not limited to) the extension of sanitary sewer service and a large community water system utility to each dwelling. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-51371UGM Page 8 February 19, 2003 S. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. n The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cowling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and 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 tape place in accordance with Tentative Tract Map No. 5137/U M, dated January 30, 2003. 2. Development shall take place in accordance with the Conditions of Approval for Tentative Tract No. 5137/UGM dated February 19, 2€ 03. 3, Development shall tape place in accordance with the mitigation measures identified in the Mitigated Legative declaration for Environmental Assessment No, T-5137, dated January 14; 2003, RECOMMENDATION 1. APPROVE the Mitigated Legative Declaration for Environmental Assessment No. T-5137. 2. APPROVE Tentative Tract Map No,5137/UCM subject to compliance with the Conditions of approval dated February 19, 2003 Attachments: Vicinity Map Tentative Tract Map No, 5137 dated January 30, 2003 Memorandum fro€r9 Central Unified school District, dated December 12, 2002 Letter from Central Unified School District, dated January 3, 2003 Letter replying to Central Unified School District, dated January 6, 2003 Letter from David Simonian, dated February 10, 2003 Warks, Recreation and Community Services memorandum, dated January 2, 2063 Fresno Metropolitan Flood Control District!`Notice of Requirements, dated January 14, 2003 Environmental Assessment No. T-5137, proposed Mitigated Negative Declaration Conditions of Approval for TT No. 5137/UGM J;., BPRzoaM-5937 93 Pc Reprrt.v K,,.P;PPTSaT-5*-37 13 Pc Report.wpd CO 9• PPP 53 DATE: February 25, 2003 TO: Board of Supervisors FROM: Richard L. Brogan, Director Department of Public Works and Planning SUBJECT, Request by the City of Fresno to Acquire Road Right-Of-Way in the County RECOMMENDED ACTION: It is recommended that your Board approve the City of Fresno's request to acquire road right-of-way along the west side of Polk Avenue south of McKinley Avenue, and along the Carnegie Avenue alignment north of Olive Avenue, as indicated on the attached exhibits, The City of Fresno has been improving land located generally in the southwest quadrant of the McKinley/Polk Avenues intersection area in conjunction with their approval of Tentative Tract Map No. 4493 for the development of a 284-lot subdivision, The City is currently processing Tract No. 5082, which is Phase 3 of this tentative map. This is the third request made by the City to acquire right-of-way in conjunction with the original tentative map. The proposed street improvements on Polk Avenue extend south from McKinley Avenue, and the right-of-way to be acquired in the County is along the west side of Polk Avenue. The proposed street improvements on Carnegie Avenue extend north from Olive Avenue and connect to the subdivision street improvements, and right-of-way to be acquired in the County is along this Carnegie Avenue alignment. The City requests permission to acquire right-of-way in the unincorporated area along the west side of Polk Avenue south of McKinley Avenue and along the Carnegie Avenue alignment north of Olive Avenue, and to make the necessary street improvements. ADMINISTRATIVE OFFICE REVIEW Page f Of BOAR DATE- F.e.b.r ar 25, 0 APPROVED AS RECOMMENDED XXX OTHER 0090 AMP df UNANIM� XXX ANDERSON- ARAMBULA CASE_ LARSON- WATERSTON- Board of Supervisors February 25, 2003 Page 2 FISCAL. IMPACT; The City will acquire road right-of-way and construct road improvements with no fiscal impact to the County General Fund or Road Fund. Thereafter, each agency will be responsible for maintaining the improvements lying within their respective road right-of- way. Section 1310 of the California Streets and Highways Code states that "a City may acquire, by purchase or eminent domain, property outside its boundaries in the unincorporated area of the county in which the city is located, if it is necessary to connect or widen the existing streets of the acquiring city and if the county consents to the acquisition. The portion of the acquired property used to connect or widen a city street shall be deemed a city street for all purposes.' Currently southbound Polk Avenue steps at McKinley Avenue. The subdivision improvements from Phase 2 prodded for the construction of Polk avenue from Floradora Avenue south to dive Avenue. Phase 3 of the subdivision improvements will complete the connection of Polk Avenue between Floradora and McKinley Avenues, Polk Avenge is a designated arterial street in the County's General Plan. The road improvements on the west side of Polk Avenue across the subdivision frontage include a median island, curb, gutter and sidewalk within a -foot half right-of- ways Along the east side of Polk Avenue is the balance of the median island and a 17- foot 7-foot travel lane, In the right-of-way area to be acquired, the road improvements will generally include half of the median island and a 17-foot travel lane within a 33-foot half right-of-way. Additional right-of-way and pavement will be provided at the southwest corner of McKinley and Polk Avenues to provide pavement width capable of supporting a turnaround movement. The turnaround is necessary because of the proposed construction of a median island in Folk Avenue. The proposed right-of-way acquisition will require the removal of two rows of pomegranate trees. Ultimately, ars additional 22 fleet of right-of-way will be required for buildout of the curb, gutter and sidewalk area.. Previous phases of the subdivision improvements have provided for the connection of the subdivision streets to McKinley Avenue along the Carnegie Avenue alignment, and for the connection of the subdivision streets to Polk avenue along the Floradora Avenue alignment, Through this phase of the reap, the City proposes to connect the subdivision streets to dive Avenue along the Carnegie Avenue alignment. EXHIBIT " o Fiei -,y{� +, )y .yam• s , j { ,.i.,.� :„„�a ,`,•�:�x• �'a'�• �� s #€€# ♦s-� \<L�'.,ab �s�3Br4 �'e .Ab •���G� f+s�i Srtfs ` � f I mo ' 3� Z,17€ L � _70. £ of ; ES K A -r O l 51�. . .. AVE e i 1 f�1 4 y ARZE. IL = �s t �,� �' °t"�,p.,$,F__ y4 rte' cd viF a } { ip L t ,V 3 I 3 Memorandum " �`� E.dtsxativn TP e g To; Sandy Brock, Land Division Section City of Fresno - Planning Division � 10 2600 Fresno St,, Rm, 3943 Fresno, CA 93721-3604 " From David Reel, Facilities Planning Mgr. Central Unified School District Date. December 12, 2002 Re: Tentative Tract 51 Central Unified School District has the following comments/conditions for Tentative Tract Map 5137, 1, Sidewalks provide the necessary identifiable boundary between students and traffic and provide a safe place for students walking to and from the existing school site andfor bus stops. Therefore, concrete sidewalks/curbs/gutters on both sides of the interior streets should be required in a manner consistent with the existing subdivision (Tract 4493) to the west of the project. 2, Sufficient area must be maintained along the proposed Folk Avenue R-O-W and McKinley Avenue for bases to pull oft, stop, and loan! / unload students. Normally, interior subdivision streets are not utilized by District buses to load and unload students. Therefore, perimeter Arterial street Widths should be constructed to be consistent with City of Fresno R-O- street width standards. 3, The developer shall flay school fees for the subject subdivision, in accordance with development fees adopted by the Central Unified School District, pursuant to Govemrnent Code section 65995 and Educational Code section 17620. r CENTRAL UNIFIED SCHOOL DI 4605 NC?R"i'!# p*:vsL.fi AV£i - F#tE5!r•Cr. C:R+>:d'722.53.34•;` . ", ? Y e�34-41: . Larry L. Powell January 3, 2093 TRUSTEE S- Cindy Betube erry Crux judith Geringer Theresa Hargans Diana Milla Phil€lusconi Nick Yovino €+/like Yada Development Director City of Fresno 2600 Fresno Street Fresno, CA 93721 ®ear Mr. Yovirio: We are in receipt of a latter dated December 9, 2002 regarding Subdivision Review Committee meetings scheduled to consider Tentative Tract Map No. 5137. This proposal involves a 28.5 acre parcel located on the southeast corner of Polly and McKinley Avenues, which currently carries a dual use designation of middle school/medium density residential on the 2025 General Plan Map, In accordance with the agreed upon objective of using the dual use designation to improve the planning process, we request that the processing of this map be suspended until we have had an opportunity to either attempt to acquire the site or to relocate to another area, incerely, n Mulligan ,assistant Superintendent, Business JM/df €EOFFRErY M.GARRATr JOHN MULLIGAN SARAH K OL€ €AN Assistant.Superintendent,Personne€ Assistan? Superintendent, Assistant super€rtenclent, Instruction (569)276-5224 (.559)276-5200 (559) .276-3-115 FAX.(5.59)27.6-2983 FAX 1559E 275-0394 PAY tRAM�M-11W city of . : ON� i o 1..L P`:.at ninr and Gavel---- ----- .Fek3$rt€YtE rtk 2600 Fresno Street • Thin! Roor Nick P.Yovino Fresno, California 93721-3604 Director (559) 621-8003 • FAX (559)498-10-12 tats+w.fresno,gov Ja€€uarry 6, 203 P1 _&ase Rev1v to; Sandra Brock, Planner 11 5i -48.271 9 John Mulligan, assistant Superintendent, business Central Unified School District 4605 North Polk Avenue Fresno, California 93722 SUBJECT: TENTATIVE TRACT MAP(TTM)No. 5137 Dear Mr. Mulligan, We are in receipt of your January 3 letter(copy enclosed). Please be advised that, due to rigorous mandated timelines for processing tract maps, we are not permitted to `suspend" processing of a tentative reap due to the existence of a dual land use designation. Please refer to the portion of the California Government Code that pertains to land division, the California. Subdivision Map Act (hereinafter referred to as "SMA"). Chapter 3, ,article 3, Section 66455,7 governs the routing of tentative tract reaps to school districts and the requirement that districts respond promptly with their recommendations. TTM 5137 was routed to the Central Unified School District on.December 10,2€01 On December 12,a response was received from Central. Unit l.'s Facilities Planning Manager(copy enclosed), This memorandum did not express any concerns regarding the dual designation of this site as a middle school, When this memorandum was received, my planning staff took the extra step of contacting mitral Uni ed's Facilities Planning Manager to inquire about the dual designation. As of the statutory deadline of December 2.5,no recotmnendation was received from,your district regarding the middle school designation or the site's dual land use designation Tease refer to SMA subsection 66455.7 ))c [SMA Section 66478 outlines requirements forplanned elementary school sites,but there does not appear to be any SMA section.which sets similar procures for middle or high school sites.] During preparation of the General Plan, the Advanced Planning Section management met with you several titres regarding school siting,,and it has been explained to you that the purpose of a dual designation is to ailow for private property owners to proceed with development of any property planned for public uses, but not yet acquired by (or otherwise controlled by) the public agency, requesting the public facility land use designation. Having dual. designations prevents inverse condemnation situations while ging school districts and other public; agencies General Plan consistency to pros-ed with site acquisitions. Private development ofproperdes designated as potential public facilities will inevitably necmitate that public agencies seck alternative locations for some facilities,if your district has not entered agreements to acquire or control the school sites. We will be glad to work-with your district on seeking an alternate location, for the middle school planned for this property. FILE Ck 0P < aJ. :A R 0!ef:<:y%i.".:.}<!....t:':NMn•XA^.Y•K✓<..✓E.... ..,..::4it.'A.:. .. ..h.. .. .:..:5:: ✓SQ,.. .. ... John Mulligan, Assistaia Superintetdetitt. ffislness, Ceram! 1-;'n3fied Scliool 1-)j..3tr' ct R.E: REQ1.JESTT0 SLiSPEND PROCESSING OF-l"I'M 51377 laiwary 6, 2003 Pat '.2 Given the SMA requirements for processing subdivision maps, the Planning and Development Department cannot suspend processing ofTentative Map No, 5137 due to its dual designation as a middle school site. However, we will notify your district of any hearings scheduled on this map, so that you may present information regarding the status of your district's acquisition.of the site for middle school use. We will also be glad to facilitate a meeting (or teleconference) between you and the applicants/owners of this proposed subdivision. Sincerely, tic t.. Yovirio D Iree or r JASBPROATT-5137 41-01 Itr to CUSS 03-01-06.wTd encs, C: David McEntire,President Amstar Homes, Incorporated [tract map applicant/subdivider] 4570 South Eastern Avenue,Suite C-28 has Vegas,Nevada 89119 phone: 702-650-292-3 fax.- 702-650-2926 Trans-Universal Company,a California Partnership & Ruby Nakano,Trustee of the Takumi Sunada Revocable Tnast[property owners] Post Office Box 458 Santa Barbara,California 93101, phdnc-. 805-963-6851 LArs Anderson&Associates,Incorporated [tract snap engineer] Attention: Ait Deas 4630 West Jacqueline Avenue,Suite 119 Fresno,California 93722. phone: 559-276-2790 fax: 559-2764)850 1Mk 5529 %Y est :is C`..:n l e y Fresno, Ca 93722 February .10 , 2003 FEB 13 2003 Planning I)Msio€ DGY191OPment Depanment Y OF FRESNO Fresno City Planning Commission n Tenative Tract: Mai; 5137 History. 1978 Property was acquired by a Santa Barbara partnership; noir known as Tram UniVersa1 . Dec 1980 ; Tentative tract map a?plicat.i,on 3339 request for rezoning for commercial and amendment 31.94 filed. Fresno County Planning Commission approved tentative tract map 3339 but denied amendment for commec.ial zoning . October 1987 ; P operty annexed into City of Fresno. October 1995 : rezone application 95--08 (Page 1 attached) was approved with certain conditions a Dedicate 55 feet of North Polk Avenue east of section line b City staff directed to establish an Official Plan Line for North Polk Avenue from Clinton to Olive. (See Page 5) c Applicant advised that they may be required to dedicate additional right of way. (see Page ) September 1.2 , 1997 : Letter from City of Fresno to applicant advising of sates for establishing the OPL and advising Directors Determination could not be made bec:azse of protests by property owners. (see Page 7 & 8) 1.-6-98 : City Council motion. to Direct Staff to process a new plan line for North Pols Ave. (See page 9) 3-24 �98 : Letter from Fresno County Board of Supervisors to be included in process . (See Page 14 & 11) 3-31-98 : Upon, appeal of a Directors Determination the City Council took no action on the appeal. 2-11-03 The property owner to the Test of this development entered into a tenative agreement for the City of Fresno to acquire 33" of Right of Way to the West of the Section. Line on North Polk Ave. Based on the background the following is recommended action, by the property owners immediately we.si of the apnlicant. Pale G it is recommended the P lanninq vommis:.on upon its own motion approve the tentative tract map 5137 with the conditions : in the absence of an official Llan line for North :••olk VaSys.nue the developer 3e required to dedicate an additional 22-25 feet east of the current dedication. This d6d.ication also would bring Polk Avenue in alignment with Polk at Dakota Avenues. In addition o.roperty owners on the West Side of Polk from McKinley to Clinton would not be adversely affected in the future when Polk becomes a arterial street. The property immediately north of this development is currently vacant and not in vin=eyard as shown on the man. Instead of having to acquire property from 4 property owners on the west side of Palk currently in Fresno County the<i,ty would only have to deal with only one vacant parcel and. one owner on the east side of Polk, for the first quarter mile. I am sure a transition road will be required north of Me kinley and this would restrict acquisition to having to negotiate with only one owner. Thank you for your consideration. ........................... (-'TFY OF FRESNO FEBRUARY 19, 20,03 PLANNIN-3 & DFVELOPMENT DEPARTMEN-F CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 51.31/UGM All tentative subdivision maps are subject to the applic.able provisions of the State Subdivision Map Act, Fresno Municipal Code, City poticies, and ('-"itv of Fresno Public Works Standard Specifications. The following specific conditions are applicable to this subdivisiori map. Urban Growth INManagement (UGM) Service Delivery Plan requirements are included in thefollowing conditions ofapproval and :are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT lit accordance with the provisions of Government Code §66020(d)(1)9 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 QQNIIQITIQNS le f'repare of final inap(s) in accordance with Tentative Tract Map No. 51-37 entitled "Exhibit A," dated January 30, 2001 -nit grading plans and a soils report to ffie City of Fresiao Planning and. Subt 1--3 Development Department for verification prior to final map approval (Reference: Sections 12-1022 and 1-2-1023 of the Fresno Municipal Code). Approval of grading plan is required prior to final map approval. Grading plan shalt indicate the location of a.ny required walls and indicate the proposed width of required landscape easements or strips, 3, Ptiblic utilities easements, as necessary, shall be dedicated to the Clity of Fresno. .Any required relocation of existing utilities necessitated by required street improvements will be paid for by the appropriate utility company or the developer/owner of rke tract.. Contact the appropriate utilitv compariv for information, Conditions of An-proval t , Tentative Tract. Map No. 5 137UGIM February 19, 20011 4. 1.telinquish all access rights t,,-)North Polk Avenue and West McKinley Avenues from all residential lots to these streets (Reference. Fresno 20unicipal. Code 11 Section 1'--1011-f-3). Relinquish.vehicular access frorn Lots I and II to "Street A" as shown on corrected Exhibit A, dated January 30., 2003. .5. Comply with the conditions,policies and standards set forth in tfie City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Propertyl" Resolution No. 68-187, "City ['oticy with Res ecu to Subdivisions;" Resolution No. 70-36, "Standard Specifications 1970," as amended; and Resolution No. 84-361, "Public Works Standard Drawlnp-s 1984," as amended. 6. T'he developer/owner shall pay applicable fee: for, but not timited to, plan checks for street ii-riprovementsand other gradiqg and construction; street trees, street signs, water service, sewering, and inspectioris, in accordance with the City of Fresno Master Fee Schedule RCSOILItion Nos, 79-606 and No. 80-420) and any arnendrnenc.s, Y.-nodifications, or additiom; dierero; and in accordance with the F requirements of State law as related to tentative tract maps. ge The County of Fresno will need. to review and. approve the gradil-I g and draina- plans for this development, to ensure that storm water runoff from the project site will not adversely impact surrounding properties under the County's jurisdiction. 8. The developer/owr.ier shall furnish to the City a subdivision guarantee of a title company, listing all parties having terry right, title or interest and the nature of their interest per State law. 9. Prior to final map approval, the owner of the subject prc-)perty shall execute a "Right to Farm" covenant with the City of Fresno. Said.covenant is to run with the land and shall acknowledge and agree that the subject property is near agricultural districts arid riat residents of this property should be prepared to accept the inconveniences and disc onifort associated with normal farm.activities. The"Right to Farm"covenant shall be recorded prior to,or concurrently with.,the recordation of final inap(s) f6r Tentative Tract No. 513 7[UGM. odltions ,3r Apprcival {Tt'_Ilt.ifit.tS,'f.'. t�bp No. 513M.? ....................... Cu'riditior's of Approval Tentative Tract: Map No. 513WUCtit Pa,;v 4 February 19, 2,0,0.5 responsibility to the homeownersassociation for landscaping and other provisions as stated in the I)evelopment Department Guidelines for preparation.of CC&Rs, dated January 11, 1.985. 4. -)r all required landscaping and irrigation systems shall be Improvement plans ft I subrui tted to the Development Department and Department of Parks, Recreation, and Community Developrnent for review prior to final map approval. 15. Construct a. 6-foot high solid masonry wall or fence, to meet requirements of Sections 12-105-W-2 and 121-306-19 of the Fresno Municipal.Code, at the rear of the required landscaped easements noted above in Condition No. 9 (Ref.- Section .121-1011-f-:3 of the Fresno MunicipalCode.)- I.& Construction plans for required vwalls sh(-.)wincy architectural appearance and k-7 location of all walls shall be submitted to the Development Departrnent for review prior to final map approval. 17. The developer/owner shall provide two medium size trees in the front yard area of each lot located.on the 50-foot and'54-foot wide Alternative Public Improvement (API) standard public streets in.the interior of this tract. The owner shall.execute a covenant agreement running with the land to insure inaintenance of the t-,v(.) trees provided in the, front yard area of each horne by the homeow-ner. Building Setbacks 18. Building setback lines shall be in accordance with the R-1 zone district. 19. Tentative Tract. No. 513-1/IJGM is subject to the conditions of City of Fresno Rezoning No. R-95-08 which assigned R-I/U('-')Nll'cz zoning. The conditions of zoning have been deemed satisfied through the City of Fresno's Public Works Director's Determination for Nort.h. Polk Avenue aligninent and right-of-way. The property owner has already perfected this Rezoning R-95-08 through dedication of right-of-way for North Polk and West McKinley Avenue. g G)ndltioiis of'Apr.?-Oval "Fencativel 1.vfiap No , 51,371UUM R.-Ige 5% Fel ruary 10: 200.3 .70. In order to accommodate telephone and cable service, a ten-foot. (10') P'Liblic Utility Easer.rient (PUE) is required to be dedicated on i.nterior -streets. In order to facilitate the placement of electrical, telephone, and cable facilities at the rear of the required landscaped easements and at the base of the required wall along West McKinley and North Polk Avertues, the PUE there should be twenty feet Telephone, cable, and other public utilities which propose above-ground facilities determined by the Plarining and Development Director to be oversized shall be located in an additional easement area outside of the landscape strips required along major streets. 211. Prior to the issuance ot'building permits f(-,)r the subdivision, school construction fees shall be paid to the (__;entrat Unified School District in accordance with the school district's adopted schedule of fees. T 2 2. ContactU theited States Postal Service - Fresno Office for ffie location a-rld type of mailboxes to be installed in this subdivision. 23� The developer/owner shall ob ta in any and all permits required for the remova I or demolition of any bui Iding or structure located within thesubdivision boundaries. The developer/I ownershall also obtain any and all permits required for the proper abandonment/closure ofany water well,septic tank-/leach field or cesspool.on the subject property. A.U. Such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal C'Ode. 24. If archaeological arid./or animal fossil material is encountered during project surveying, grading, excavating, or constrUction, work shall stop itninediately. It' there are suspected hurnan remains, the Fresno County Coroner shall be immediately contacted(phone number duringbusiness hours. 5)9-268-010 after hours the contact phone tiumber is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material. is possibly Native An.ierican in origin, the Native American Heritage Corritnission (phone number 916-653-408 2)Shall be irriniediately contacted,and the Califon-lia Archaeological Inventory/Souffi.erri Sari Joaquin Valley Information Center (phone number 805-644-2289) shall be contacted tc) obtain a referral list of recognized In Core itions of:Approval ..1'eiltadve Im''t l,,la.tp No. 51 3 i 11JI N1 I'ag; 6 February 19, 2003 archaeologists. An archaeological assessment sl-tall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any ftirther site investigation or site a'L'oi.dance/preservarion r11east,MS. 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 cotiduc.ted by as paleontologist; if the paleontologist deterni.ines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 2.5. Pursuant to rection 664.56.1 of the Subdivision Map Act(which states,"The right of the developertowner to file multiple final maps shall not detract from the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps"), any multiple final snaps filed by the developer/0-twier on this tract shall fully and independently conforms to all provisions of Chapter 12, Article 10 of the Fresno Municipal Code (Subdivision of heal Property). 26. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of arty- lot or parcel of land capon which there is an unpaid special assessment levied under any State or local taw, including as division. into condominium interest as defined in Section 783 of the (";ivil C"-;ode, 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 frill description of each assessed lot., parcel or interest to be divided a.n.d of hoax.- such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessinent in accordance with applicable law; arid. 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 a=pproval of the final map(s) by the City and shall be accompanied by a tee of.$2,970.00, or in an amount. specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original assessed lot, parcel or interest: is to be divided. The fee slial.l be in an l.,ortdrt iolis C-,+t Apprc.vat Tenw€die Tract. NL p'• Noi P a€- 7 February c:, 2003 amount sufficient to pay all costs of the City and the Engineer of A,,ork responsible fear determining the initial assessrr€era in making tete recittested ,apportionment. PARK SERVICE 2 `. Comply rly i.t.h the 1':arks, Recreation & Community �Servic:.es ep,rtr�r.r,ezr.t. Parks Division requirements as set forth in the irtrleRlOrancicrtr.r regllyding Teritative Tract: 51.3-1, dated January 2, 2003. Parks l._ roan Growth. Management Re c€irements 28. The developer/owner shall be required to pay the appropriate UGM Park Capital Facilities Fee at tlr.e tirne of finial map approval. Fee payment may be deferred until time of building pertn.it issuance in accordance with the requiren-lents of Section 12-4-509-C-3, Fresno Municipal Code. FIFE SERVICE 29. Provide residential hydrants and fire floes, with two sources of warer, per City of Fresno Public. Works standards. Dire Service Urban. Growth Manag,!arent Rec uirernents 30. The developer/owner shall p<-ay the appropriate Fire Station Capital Facilities Fee at die t.irne of final map approval. If appropriate, fee payment may he deferred until die time ofb building permit issuance inaccordance with the requirements of Section 12-4--O8-D-3, Fresno Municipal Code. STREETS AND RIGHTS-OF-SIA 31. Street construction.tion.plans are required to Ile prepared by the developer,/c,3wricar an d tic€hraitted to the City of Fresno Public;. Works Department for review prior to, or concurrently With, s€.rb:i-ittal of firial €iap(s) for this prc:b'c�i.t. Conditlioa,s ,,)f Approval Tentative "Fract Ntap No. 5 1-3"'7/UGM Page 8 Fel -uary 19, 20 0.33 32, All required s.igning and striping shall be done by, arld paid for, by the developer/owner. Signing and striping plans shall be prepared per curret)t Cali.forr-lia Department of Transportation stand=ards and shall Inc'. part ofthe street construction plan,,; for Tentative Tract No. 513^17/LJGXfI 33. The developer/owner shall. make provisions for disabled persons in accordance with the Department of Public Works standards arid ,is required by State law. Handicap access rarripsare required to be constructed in sidewalks at all corners within the limits of the tract, WIere .street- fiirniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a mi.nii-num of 48 inches of unobstructed path shall be rnaintained to satisfy the Americari. Disabilities Act. requirements. 34. 'nie developer/owner 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. 35. All of the required street improvements shall. be constructed and/or installed in accordance with City of Fresn4� standard specifications. See Condition No. 33, above, for disabled. access requirements. 3& North Polk A-venue—If riot already dedicated, dedicate an easement for street right-of-way within the limits of this, tract to meet the City of Fresno's current arterial street standards, and improve this right-of-way wirh.'210 feet of permanent paving (including striped bicycle lane) and standard curb, gutter, sidewalk, and L- 11-1 underground street lighting. The sidewalk shall be designed and Constructed to the City of Fresno's 1.0-foot residential pattern. See Condition No. 3 3, -above, for disabled access requirements, 3 I 17, %X/est McKineAvenuc—lf not alreadv dedicated,dedicateem an easement for street ly right-of'-way within the limits of this tract to meet the City of Fresno's current arterial street standards, and improve this right-of-way with 20 feet of perinan.ent paving (including striped bicycle lane) and standard curb, gutter, sidewalk, and Underground street lighting. TI-ie sidewalk shall be designed and constructed to the City of Frensno's 10-foot. residential. pattern. See Condition No. 33, above, for disabled access requirements. ........... k-01)didons of Approval '"ren t::a c i V t� . Tr:.Ict Map No. 51-3)".7/1JUNI 9 rebujan, 19. 2003 3d, Road improvement plans for aH new and/or reconstructed roads which are adjacent to (',bunty roads or which traverse properties under the (_'county's JuriMiction shall be reviewed and approved by the (.,ounty of Fresno Departme-l'ir Of Public. Works and Planning7l. In addition, an encroachment permit shall be obtained froin the(_'ouncy for any street work done within the ('_'.ountv's rialits-of- way. 39. All interior ("local") streets in this subdivision shall be dedicated in accordance with Alternative Public Improvement (API) standard for 50-foot and 54-foot widths as shown on Exhibit. . , dated January 30, '1003, including those portions adjacent to designated "not included" parts. Interior streets shall. be fully improved with full width permanent street pavement, standard curb, gutter, underground street lighting, and sidewalks on both sides of all streets per API streer standards. See CC)ndition. No. 33, above, for disabled access requirements, 40. 71-te alignment for West Floradora Avenue approved with Tract No. _5)051 oil the west side of North Polk Avenue is centered on the quarter-mile point between West McKinley and West Olive Avenues. If the developer/owner chooses to COntinUe West Floradora. Avettue throe- f zli Tract 513' in final map(s), then this alignment must be maintained on the east side of North Polk .,-'Ivenue. If the devetoper/owner chooses not t<,)continue WestHovadora Avenue,then the nunor (interior) street opening onto North Polk Avenue shall be offset a minimum of 1601 north of the Floradora/Polk intersection. 41. Any stub streets proposed in final map(s) shall require a revised Tentative map for Tract 5137/UGM. 42. All dead-end streets created by this subdivision shall he properly barricaded in accordance with Clity standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 43. All existing and proposed utility systeuts, shall be installed underground in accordance with Section I mo-1011(1) of the Fresno Municipal Code. 44, '"nw developer/owner shall construct an underground street lighting system per Public Works Standard E.-I within the Iii-nits of the tract. Spacing and design shall conform to Public Works Standards for Arterial streets. Height, type, k-,()Ildirions of Approv,.11 Tentative Tnact Mav No. 513 7JA-:(3&4 Pave 10 February 19: spacin", etc., of standards and luminairesslia.H.1-%e in accordance with.Resolutions Nos. 68-18$17, 78-52'12-, 81.219 and.88-.Z'29 or any modification.thereto approved by t:1-€e City Traffic Engineer prior to final map approv,.a[. Submit engineered construction plans to the City of Fresno Public Works Departinent for approval. Alt lights shall be dedicated to the City upon completion. . 45). 'The developer/owner shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fimitive dust during construction of this project, Major street Urban Growth \Mqna,.-YeLnenr Requirements 11e nearest rfiajor street complying geometrically with the master plan of streets and highways is West McKinley Avenue as segments of that arterial have been improved east and west of this tract. In accordance with.tt-i.e('-"ity's*L'rba.T.-i.('-"xrowdi'Mana mentPolicy relative to majJor street extensions arid other street improvements necessai-y to provide adequate emergency andservice vehicie access,dieffillowing improvements,.Lase required. 46. Ni--)rrh L-,,lk0 Avenue— the developer/ vvner shalt construct two 1746ot center travel lanes within- r1te westerly limits of Tentative Tract No. 5137 from tt-w intersection of West Floradora and North Polk Avenues (die southerly limit of this tract) to the intersection of North 1'e31k. and West McKinley Avenues. A raised concrete median island shall be cof-istructed within the tract's Polk Avenue frontage to accounnodate a L"'50-foot left turn pocket at West McKinley Avenue. If West Floradora -.venue is to be extended in final map(s), then a terra pocket for West Floradorai-k-venue shall. also be constructed. 47. West McKinley Avenue-- the developer/owner shall construct nvo 17-foot center travel lanes front the intersection of North Polk Avenue to the easterly Iirflit of 'Tentative Tract No. 5137. A raised concrete median islands-liall be constructed within the tract's frontage to accouirnodate a 250-foot left turn pocket at North Polk Avenue. 48. Install a 150-watt safety light at the its ultimate location on.the southeast corner of West McKinley and North Polk Avenues. This safety light shall be protected with a raised conCrete Curb return. Conditions of Approval Tentative- ,.s..ract Mal) No. Page. 1 l February 19, 2003 SEWER SERVICE A 45-inch. sanitary sewer main is existing in West McKinley Avenue and North Pall:. Avenue to serve the proposed subdivision. leo extension of sewer main is necessary for Tentative 'Tract 5.13 7i'1_iGl`v`l. 49. Separate sewer house branches shall be provided to each lot created. Sewer Connection Charges are due and shall be paid throe h the finial map approval process. 50. All public sanitary sewer facilities shall be constructed in accordance with Public. Works Department standards, specifications and policies. Sewer Service Urban Qrowrh. Manaemglt Re iairernimts .51. The tract is located in the service area of the Cornelia Trunk.Sewer; therefore, the developer1owner shall pay the appropriate trunk sewer charge in effect at the time that building perrnit.s are issued. %ATE.R SERVICE A. 14-inch Transmission (arid `mater Main is existing in Fest McKinley Avenues adjacent to the tract to serve the proposed subdivision. 52. Two independent points of connection to the City Water System. ars required to serve this tract or any phase of this tract.. 53. 1,:300 feet of 14-in.c;h Transmission Grid (TC N4) Water t'vf.ai.n shall be installed along tract: frontage in 'forth Polk. Avenue, extending from. Fest Floradora Avenue to West McKinley Avenue. 54. All public: water facilities shall be constructed in accordance with City of Fresno Public;Works standards,specifications and policies and City of Fresno Department of Public Utilities requirements. Water utility improvernent plazas prepared by a Registered Civil Engineer are required for proposed additions to the City of Fresno's water systern. €.-,rich€c.€a:s of Approval Tentative.Trac.-.t Map No. 5L'371/1-1("'M. Page 1 February 19, 200,.3 55. Separate water services shall be provided to each lot created. Payment of connection charges, and payment for installation of water services and meters, is required through the final map approval. process. 56. Payment for installation office hydrants i t required t:l.�.rotg,;h the final map approval process. 57. if irrigation for the required landscaping along West 4lc ;inl.ey and North Polk Avenues is riot provided through the City's Community Facilities District No. 2, then one or more separate water services fc.)r this landscaping`hall be provided by the developer/owner for these landscaped easements. Payment of connection chaaxoes, arr.cl payment for installation.of this/these water servic:.e(s ) and meter(s), is required throUCfh the final reap approval process. a �`'ater Service Urban Qrt)wth Mana. e1lient R.e.c uirements 8. The tract is located in WaterWell Service Area No, 301s. "Die developer/oa;vner shall pay the appropriate water supply well charge in effect for dais area at the t.itne of final map approval. URBAN. OROWTH ;41.'`i.N.i'1.°..JEMENT REQUIREMENTS GENERAL 59. Uie developer of property located within the UGM boundaries shall comply with all sewer,water and street requirements and pay all applicable I..K.31 1 fees irnposed under the Urban Growth Management process (with appropriate credit given.for the: installation. of required [. GNI improvements) in aacc ord arac.e with the requirements of State l..aw as; related to vesting tentative tract: maps. 60. The developer/owrier will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any cat the required i 1C TM improvements. Ri ht-of-Waa- Acquisition dl. " 'lie developer/owner will be responsible for the acquisition. of ::3.ny necessary right-of-way to construct aan.y of the required improvements. Conditions of Approval Tenutrive Tract N-11ap No513-11UGNAI R,ige I February 19, 2003 Rights-of-Way acquisition shall include any rights-of-way necessary for proper I drainage, signing, pole relocation, rand. shoulder grading. In general, this will require right-of-way t.(-)be provided approximately 10 feet outside the travel lane. TI-ic exact requirement 11-lust be determined at the project design stage based on the existing conditions and derailed design information. In the event an acquisition of any easement or right-of-way is necessitated by thke subject developinent, said acquisition will be accomplished prior to firial map approval. -flie developer/owner should contact the Real Estate Section of the Public Works Departmen..t to receive procedural guidance in such acquisitions. Should such acquisition not be accomp]ished developer/owner prior to final 111ap approval., the developer/owner must request and grant to the City the full obabon or authority to attempt an nec,cquisitioeither through through its power of eminent domain. The ldle�,eloper/owner shall furnish to the City Public Works Department, Encineering Divisio.n, Real Estate Section ari appra isal rep ort or a request for an.estunatedappraisat arnount (to be determined by the City of Fresno Real Estate Section.) prior to preparation of as Subdivision Agreement, The developer/owner shall submit adequate security in the form of a cash.deposit to guarantee payment of all costs associated.with the acquisition, including staff time, attorney!s fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition Of Such easements or rights-of-way. 62. Right-of-way acquisition in the County of Fresno niust be approved by the Fresno-.) CX311n.ty Board of Supervisors. FLOOD CONTROLAND DRAINAGE 63. The developer/owner shall be required to pay any applicable storm drainage fees to comply with Chapter 13, Article 13 of the Fresno Municipal Code. 64. The developer/o,%,ner shall be required to comply with the specific requirements imposed by the FresnoMetropolitan Flood Ccmtrol District (FiNvIR:',D) for the subdivision Or any amendments or modifications to those tequi.rerney:ius wl.i,icl-i.fnay Coiiditions of Approvi-d Tentadve Tract N14ap o. .5 1'37/UG,`A Page 14 Februalry 19, 200.3 be granted ley the BAFCD Board ref Directors, pursuant to Section 133-1307 of the Fresno Municipal C. These requireinents are identified in the District's letter to the Developtnent Departmei:i.t dated January 14, '2003, 65. A temporary ponding basin is required by BeffC.1) to provide dralTiage to the subdivision. This pondin.g basin will be created through a covenant between d-ie City and the developer/owner prior to final niapapproval. Any tey'aporary ponding basins constructed to provide service to the Subdivision shall be fenced in ,accordance with City staxidards within seven (7) days from. the tinle the basin becornes operational.., or as directed by the City Encyineer; fencirwx shall allow access as needed by maintenance personnel and the mosquito abatement district. Mainten.axice of the tery.-iporary ponding basin (including weed control) shall be zn by the developer/owner until permanent service for the entire subdivision is provided, ERIC ATE IRRIGATION PIPELINE 66, A private irrigation pipeline traverses the proposed subdivision. Pursuant to Fresno Municipal Code Section 1.21-1012(,1), the developer/property oxrner shall be required to provide the easement(s) necessary to accommodate the pipeline prior to final rnap approval. In lieu of providing the easernent(s), the devetoper/property owner shall provide accepts:ale evidevice thatal.] users of the pipeline have relinquished their rights to its use. SANT JOAQUINT VALLEY UNIFIEQ AIR PULLiTION CONTROL DISTRICT 67. Comply with San.Joaquin Valley Unified Air Pollutit--)n C'.(--)nt.rol Districtfules arid Regulations. Conditions of Approval Tenr.,3tive Tnict 1&ip No. 'i 13,1113 '5 Page . February t9. f�'003 DEVEL 1-114 NT FEES ANL) (:3I11-QES 68. '.Mis project is subjects to tete following c.eveloprne, r fees and charges- ARKS,k .. Ir'I EATIO C✓ MMIT IT ' SERVICES DEPARTMENT a. Street Tree Landscape Plan. Review fee $56.00 b, Street Tree Installation fee (City installed street tree option) 1'219, lllr`trec C. Street Tree Inspection I:ee (Developer installed street tree option) `A' . O'tree d. Maintenance District Plan Review fee $176,00 C. Maintenance District Inspection fee $305.00 FRESNO METROPOLITAN FLOOD CONTROL DtsTRICT f, l~..M CDrainage,Fee S 151,0 8.3'.00 SEWER CONNECTION CHARGES & Lateral Seaver Charge $0,1 0s€uare foot(to l 00' parcel depth) h. Oversize Charge e ` 0.05/square fiat(to 100' parcel depth) i. `l'runk Sewer Charge 419.1"living unit Service Area.: Cornelia , Wastewater Facilities Charge $2,1191"liv.ing rant k, Douse Branch SeNver Charge mar 1. Ivt:ill.brook Overlay Sewer n./a of Approvall Tentative"Fracr klt-ip No, ')'137Ik';K"'YM Page 16 February 113, 21003 WATER CONNECTION CHARGES MI. Service Connection Charae Fee based on service(s) and meter(s) sizes specified by owner; fie for sm.,,ice(s) and Meter(s.) established by the Master Fee SchedLile, n. Frontage Charge $6,50/lineal fbot 0, Fire Hydrant Charge $0.7-511"100 square feet(to 250' parcel depth) P. Transmission Grid Main Charae $560/gross acre q. Transmission Grid Main $243x' rocs acre(parcels Bond Debt Set-vice Charge 5 gross acres or more) r. UGM Water Supply Fee $442.11livina, unit Service Area: 301 s, Well I-lead 'I'reatment fee $192.,"1iving unit Service Area. 301 t. Recharge Fee n.,"a ($04iving tinit) Service Area: 301 U. 1.994 Bond Debt Service $60""living-Lmit Ser-vice Area. 201 DEV ELOPM ENT IMPACT FEE V, Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEESICHARGE* W. UGM Fire Station Capital Fee $1.2421".,4ross acre Service Area: 16 X. UGN4 Park Fee 1,2.311/gross acre Service Area: 4 Conditions ot'Approval Tentative Tract Map No. 5I.3 A.1t.M Page. a i;ebrLyary I.L . 2003 V. Major Street.Charge &71,4 15/a(cJusted gross acre Sup.-ice Area.E-4 Z. Major Street Bridge Charge 13S!adjusted gross acre Service Area: B-4 aa. Trafiic Sigrial Charge 860.1"adjusted grass acre bb. I.TGM Grade Separation flee n0a CC. UGM At-Grande railroad Crossing Fee nla Service Area: aid. IYunk Sewer Charge IVa Service Area: CC. Street.Acquisitiom"C onstruction.Charge not yet determined by City cif Fresno Department of Public Works J. SIifsRO)t TT-51 s i 06 cewselaciow.wpd K:1 PC R.178\17-At li 08 c{mclstiotas.wN FRES;,e4,J,9 REPORT TO THE CITY COUNCIL .-...- _ .. _ .... AGENDA IT N0. i`t , 3 C a COUNCIL MEETING / :Z BY March 2 1998 rTY MANAGER i , FROM: PUBLIC WORKS DEPARTMENT I BY: RAYMOND G. SALAZAR, Public Works Director SUBJECT": PUBLIC HEARING PERTAINING TO PROPOSED DIl TOR' DETERMINATION FOR N. POLK AVENUE BETWEEN W. OLIVE ,AND W. McKINLEY AVENUES BACKGROUND On February 9s 1998, the Council directed staff to schedule a noticed public hearing on a Director}s Determination ination for Polk between Oliva and McKinley Avenues which would establish the ultimate right-of-way for a 4 lane divided arterial. Council's action was prompted by a 1 request from Mr. David Simonian, the property owner at the southwest corner of Polly and McKinley, who protested the establishment of the right-of-way limits along Polk Avenue without the affected property owners being afforded due process. Mr. imonian's property is not located . in the city limits. Following previous Council direction, Public 'Warps developed a instead of pursuing the more time consuming Official Marr Lina PL) process. The property owner at the southeast comer of folk and McKinley Avenues is processing a tract map and Bars the Citys protracted OIL process .may delay his project. In order not to hold cep the tract map, it was decided to continue working on the OPL and at the same time develop a Director's Determination. The Directoes Determination wasre ared pursuant to FMD Section t 1 p g8 and can usually p p p Y be completed in a relative short time period when compared with the more formal OPL process which can tape as long as six months to a year. The OPL process is legally required to follow a prescribed procedure involving noticed public hearings before the Planning Commission and City Council, whereas the Director's Determination is not. Today's public hearing is being held at the direction of the Council to allot Mr. Simonian, and other property owners, an opportunity to comment on the proposed Director's Determination. The right of stay along Polk Avenue will be set at 110 feet centered about the section line. Approval of the Director's Determination will not require a dedication of land until adjacent property is developed to its intended purpose. Mr, Simonian has requested the City consider an alternative alignment that would establish a right of way of 110 feet, split 20 feet to the gest, and 90 feet to the east, of the section line. Staff contends that this would place a disproportionate burden on those properties having to dedicate 90 feet of right of way and may raise legal issues relative to excessive dedications. I Pr,€.XDD.33i tie REPORT TO THE CITY COUNCIL Page 2 March 26, 1998 All property owners abutting the proposed Director's Determination were sent notices of today's public hearing. CONCLUSION AND RECOMMENDATION It is recommended that the Council conduct the public hearing and, after hearing testimony, confirm the Directors Determination, as proposed by Public Works, and direct staff to record the Directors Determination for Polk Avenue with the County Recorder. FISCAL IMPACT OF RECOMMENDATION None. A Director's Determination is a planning tool which establishes the width and alignment Of a future street and does not obligate the City to acquire(purchase)any property at this time. RGS/DPWpolkdd-331 loe POLKDD,331 ? rata 4 2600 Fresno Street ® Third Floor .__ ..,..... Alvin P. Scl s, AJC-P �resi c- ,�;c`%i1jCW rn.- 93721"36043 - _ DirP.<lo..' September 12, 199-17 Glennon D. Mueller, Vice President The Trans-Universal Company . 42€7 East Carrillo Street Santa Barban California 93 101 Dear Mr. uelle.t: SUBJECT: k T'I`ICH ATED SCHEDL7;E FOR ADOPTION OF THE POLK A gMJE OFFICLU PLAIN LLNI TE (OPQ FOR. STREET SIGHT-OF-WAY (RON ) As you were informed by the City Department of Public Works, I head the Planning Division of the Development Dep&—nent, which is now doing project management for adoption of Official Plan Lines (CIPLs), As of this fiscal ye-1, the Development Department has undertaken most of the noticing, public meetings, environmental analysis, and report preparation for adoption of OfflEcial Plan Lines (OPLs) for major circulation elements in the City of Fresno Sphere of Influence, Public Works will retain engineering design, traffic analysis, and other technical aspects of these projects, :This is being done as a cost savings and efficiency measure, to utilize staff, to their hent advantage. it allows engineers to concentrate on technical aspects, and lets planners handle procedural matters related to Mian, line adoption. I understand your concerns with regard to how long it has taken to adopt an CPL for Polk Avenue. As a condition, of your property's 1995 Plan. Amendment and Rezoning, the Poll,- Avenue olkAvenue ROW has to be determined before your development at Polk & McKinley can proceed.. I apologize if you misunderstood, or were not Billy informed, as to the procedural requirements for creating or arnending an CPL, A Director's Determination cannot be done when there are property owner objections (or inter-agency disagreements) as to the location of a major sn-eet ROW, in this case, we have been put on written notice (see attached) that a property owner along folk Avenue is objecting to the proposed location of Polk.. Avenue ROW. Before final adaption of a Polk Avenue alignment and ROW, we anticipate that there may be other property owner of fections. Furthermore, significant half-width and full-width portions of Polk lie mi the unincorporated area (in Fresno County jurisdiction., outside City limits), Adoption of an CPL for those portions requires participation of Fresno County in the design stage and formal concurrence of the Board of Supervisors. The board, like the City Council, will want to know that all its area constituents were given a chance to participate in hearings and project review. Septcmbc� 12, 1997 Page 2 Therefore, die in-bouseDirector's Deltermu ration process could not be applied to sertina the "uture l�� Y of Poly fi�vent:e; an OPL is needed. Under the Fresno Municipal C cede, CIPi s are a type of specific pian, requmng public information meetings, full environmental assessment, and approval by the Fresno Planning C ons-nzssion and City Council (the County also requires public hearings). The timing of any EPL adoption. process is determined by City Council prig= "--tic.n, Circ- Manager, direction, and available, funding. You should be encouraged to hear that Polk- Avenue olk.venue was placed high on the priority list due to your plan amendr-cent and rezoning. Polk ,venue is one of the OPLs that the Development Department has committed to processing in this fiscal year. Currently, we are working on OPLs for Peach Avenue, and for the Hug e-s- West Diagonaliest Avenue & Kearney Boulevard, These projects have top priority because their timelines are tied to State Highway 180 construction projects (commitments preceding your rezoning). Work on the Polk Avenue OPL will be next We will start work on it when the Hughes- West/West & Kearney project is nearly concluded, We anticipate starting work. on Polk ,avenue OPL adoption around the end of November (Public 'Forks has told us they have about two more Months of design work to do on Poly ,venue segments). We anticipate completing this project in four to six months, so lona as (landing and staffrna levels remain and we do not incur litigation expense on the OPLs we committed to adopting this fiscal year. Please feel free to contact my staff(Sandy Brock, 209-498-2710) on the progress of Polk Avenue OPL adoption., We wiU send you and Rabe Engineering (Greg Merrill) notices on public meetings and hearings related to the Polk Avenue CPL project. Again., l apologize on behalf of the City for any inconvenience that the wait for this OPL is causing you. Please be assured that vie. will get the project done as soon as we can. Sincerely, iis P. Yovino PI n i g Manager etncl€asure. Copy of correspondence memorializing formal protest to adoption of an OPL which would create gages in the ROW for Palk avenue CC. Alvin P. Solis, Development Director Ray Sala=, City Public Works Director Carl Kassabian, City.Design Engineer Ad Gaylord, Fresno'County Public work & Development Services Gregory T. Merrill, P.E., Rabe Engine-. g i:S.Sf#f:P�,SPaiu'XL;i.:s do 4 Brief discussion ensued on the on-going self-insurance fund, repaynient of funds, and an annual repon submitted to auditors on pending litigation and potential .liabilltv .1 Councilmember Steitz expressed his strong opposition to the motion stating it was setting a dangerous precedent and explained. (7- 0) Upon question, Mr. Souza reiterated staff was opposed to utilizing either fund as they were insurance funds and not designed to purchase equipment. C On motion of Councilmember Perea, seconded by Councilmember Ronquillo,duly carried, RESOLVED, staff directed to allocate S 100,000 from the General Liability Self`Insurance Fund to purchase 115 police radios and 50 Beretta handguns for Police Reserve Officers, by the following vote. Ayes Bredefeld, Perea, Ronquillo, Mathys Noes Briggs, Quintero, Steitz Absent None (5B) REQUEST STAFF TO MODIFY THE CITY'S OFFICIAL PLAN LINE PROGRAIJ FOR POLL AVENUE TO SEPARATELY AND PROMPTLY PROCESS A NEW PLAN LINE FOR POLK AVENUE BETWEEN MCKTLES AND OLIVE AVENUES Briefly reviewed by Vice President Briggs, A motion and second to approve the request was acted upon after discussion. Councilmember Ronquillo, left the meeting at 3:34 p.m. and returned later in the meeting. Planning Manager Yovino explained the, OPT program and responded to questions of Councilmember Bredefeld relating to reason for modifying the plan line, process, staff support of the modification, and a proposed development in the subject area. Dirk Poeschel, representing the developer, Universal Intentional, stated at issue was a condition of zoning facing the developer and explained, stated they would support any process used, and requested the Director Determination process be used to save time and money. Brief discussion ensued on the process. On motion of Vice'President Briggs, seconded by President Mathys, duly carried, RESOLVED, staff directed to modify the City's Official Plan Line Program for Polk Avenue to separately and promptly process a new plan line for Polk Avenue between McKinley and Olive Avenues, by the following vote: ayes Bredefeld, Briggs, Perea, Quintero, Steitz, Mathys Noes None Absent Ronquillo 1/6/98 m:...,. Pani:2':1 84ndra Brock -TTM 513 r wpd Pa w ---_---—-------------------------__...._......._--------_......._----....................-....._......_......_..------—-----.—-----._...................................................._................_....._------- ........—..............._.........._...............—.......................-------- ---—-----—------...... a GOVERNMENT CODE 6602 (1)(1) Y A protest file pursuant to scibdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the data of the j imposition of the fees, dedications, reservations, or other exactions to be unposed on a development project. Each local agency shall provide to the project applicant a notice in writincd at the time of the approval of the project or at the time of the imposition of the fees, dedications; reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exaCtions, and notification that the 90-day approval period in which the applicant may protest has begun. ' Tentative Tract Map No. 5137t. i SEWER CONNECTION CHARGES FEF RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) 2. Oversize Charge $0.05isq, ft. (to 100' depth) r 3. Trunk Sewer Charge 419/living unit Service Area. Cornelia 4. Wastewater Facilities Charge $2,119/living unit x i 5. douse Branch Sewer Charge n/a 6. Millbrook Overlay Sewer n a 'CATER CONNECTION CHARGES FEE RATEg i 7. Service Connection Charge Fee based on service(s) and s meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. 8. Frontage Charge $6,50/lineal foot 9. Fire Hydrant Charge $0.751100 square feet(to 250 F feet parcel depth) f 4 . 10. Transmission Grid Main Charge $560/gross acre (parcels 5 gross acres or more) 11, Transmission Grid Main Bond Debt x Service Charge $243/gross acre (parcels 5 gross acres or more) k 5 12. UGM Water Supply Twee $442/living unit Service Area. 001 r 13. Well plead Treatment Fee $192/living unit Service Area. 301 14, Recharge Fee $0/living unit s GOVERNMENT CODE 66020(4)(1) A protest filed pursuant to subdivision(q)shall be filed at the time of approval or conditional approval of the development or within 30 days after the date of the imposition of the fees, dedications, reservations, or ether exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Tentative Tract Map No. 5137 SEWER CONNECTION CHARGES FEE RATE 1, Lateral Sever Charge 0.101'sg. ft. (to 10th' depth) 2. Oversize Charge $0,05/sq. ft. (to 100' depth) 3, Trunk Sewer Charge $419/living unit Service ,area: Cornelia 4. Wastewater Facilities Charge $2,119/living unit , louse Branch Sewer Charge n/a 6. Millbrook Overlay Serer n/a WATER CONNECTION CHARGES FEE RATE 7, Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. 8, Frontage Charge $6.50/lineal foot 9, Fire Hydrant Charge $0,75/100 square feet (to 250 feet parcel depth) 10, Transmission Grid Dain Charge $569/gross acre (parcels 5 gross acres or more) 11. Transmission Grid blain Bond Debt Service Charge $2431gross acre (parcels 5 gross acres or more) 12. UGM Water Supply Fee $442/living unit Service Area: 301 13. Well Head Treatment Fee 19211living i_init Service Area: 301 14. Recharge Pee 0/living unit Service Area: 361 16, 1994 Send Debt Service 60/living unit Service Area: 361 DEVELOPMENT IMPACT FEE 16. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE t ATEI HAt E* 17, UGM Fire Station Capital Fee $1242/gross acre Service Area. 16 18, UGM Park Fee $1230/gross acre Service Area: 4 19, Major Street Charge $2435/adj, acre Service Area; EW4 26. !Major Street Bridge Charge 1136/adj, acre Service Area: Edo 21. Traffic Signal Charge $660/adj. acre 22. UGM Grade Separation Fee n/a 23, UGM At-Grade Railroad Grassing Fee n/a Service Area: 24, Trunk Suer Charge n/a Service ,Area 25, *Street Acquisition/Construction Charge n/a cAmyriles wpitract5,t 37itenta.<v, €m File No.210,43 FRESNO METROPOLITAN FLOODCONTROL DISTRICT NOTICE OF REQUIRElVIENTS PUBLIC AGENCY DEVELOPER Mr. Alan.Kawakami, Chief Engineering Tech..AMSTAR HOME Development Services Department 4570 S..EASTERN AVE., STE C-2 City of Fresno LAS VEGAS,N T f 2600 Fresno Street m Fresno, CA 93721 NU%P NO. 5137 PRELIMINARY FEE(S) (See below) 04 DRAINAGE AREA(S) C.f CK DRAINAGE AREA " C1 " DATE DRAINAGE ARE TOT FEE $1.51,083.00 The proposed development will generate storm rarioff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the z California Environmental.Quality pct and the National Environmental.policy Act. The District in cooperation with the City mid County has developed and adopted the Storm Drainage and 0 Flood Control Master flan. Compliance with and implementation of this easter Flan by this development project will satisfy the drainage related CF FPA impact of the project mitigation requirements. L The proposed development shall pay drainage lees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in etiect at the time of such approval, The fee indicated above;is based on the tentative:map. Contact the F FCD project engineer prior to approval of the fmal reap 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) easter flan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master flan drainage system facilities is credited against the:drainage fee obligation. 5 I MS 5469 E,OLIVE - FRESNO,CA q3727, - (5 S�)456-3292 , FAX(559)456-3194 Two sided document 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. I 4L Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1. -C, The grading and drainage patterns shown on the site plan conform to the ad-opted Storm Drainage mid Flood Control Master Plan. 2. The proposed development shall construct argil or dedicate Storm Drainage and Flood Control Master Plan facilities located wiUn the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown.on Exhibit No. I a: "Master Pl&i Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: • Grading Plan X Storm Drain Plan X Final Map • Street Plan. X "Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff cmi 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. X c. Permanent drainage service will.Trotbe available. District recommends temporary facilities until permanent service is available. wailable-direuo, d. dee Exhibit No. 1 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. 5469 C 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 f=ederal Clean Water Act and the State; General Permits for Storm 'Fater Discharges Associated with Construction and Industrial Activities(State General Permits) require developers of construction projects disturbing five or more acres,and dischar=ges 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, 0 a. State General .Permit for Storm Water Discharges Associated with.Construction Mi 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.live 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 tater Resources Control Board (State Board), develop and implement a z storm water pollution prevention plan., eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance,and 0 complete an annual certification of compliance. ■ Under the Phase II federal storm,water quality regulations a State General Construction Storm Water Permit will be required for all activities that disturb one acre no later than March,2003. i b. State General Permit for Storm eater Discharges Associated with Industrial Activities,April, 1.997(available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the PDES regulation;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 mater 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. �t�7 5469 E OLIVE - FRUSNO,CA 43727 - (559)456-3292 - FAX(559)456-3194 Two sided docum+eM FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select wid implement stomi 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.eater 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 requirement,-,, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies, 9. X See Exhibit No. 2 for additional comments, recommendations and requirements, __— Gerald E. La-eman,District Engineer -Project igineer,�Kirk Duncan C: LABS ANDERSEN & ASSOCIATES,INC. 4630 W. JACQUELIN, AVE,,#1.19 FRESNO, CA 93722 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-;,1194 Two sided document NOTE: THIS DRAwiw IS SCHEMATIC, 3 DIS'CANC KS ARE a 1 I OXIhSATE, EXISTING' *AN* !I BASIN FAIClUTI-ESit LAJ F FUTURE OUTFAIll it < ul �` E€ t1 � is ..rid'' E @iLL it I...........:.....,..m .�......_ �..d..�..,, .m.®... o� McKINLEY AVE. t ; 18 REUF It .�_ UNE It ,y I "Cfl4*l � 3g{ M°�t`I� . Lij if z TRACY DrlCH ! ( tt 0 E I € ti i 11 t € tt 5137 11 € € 24" It € If la, a 11 I ! ! €�� ii LEGEND 0' STORM DRAIN TO BE DEDICATED TO DISTRICT BY DEVELOPER ITER PLAN PROJECT FACILITIES TO BE CONSTRUCTED BY DEVELOPER — PIPELINE (SIZE SHOWN), INLET & LATERAL —Oo EXISTING MASTER PLAN FACILITIES 100 SCALE .I"=400' FUTURE MASTER PLAN FACILITIES W DIRECTION OF DRAINAGE INLET BOUNDARY DRAINAGE AREA. BOUNDARY TYPE 'E' INLET TRACT 5137 EXHIBIT No1 FRESNO. METROPOLITAN FLOOD CONTROL DISTRICT wlr-e9A0 a• OTHER REQUIREMENTS EXHIBIT NO. " ---- The cost of construction.of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against. the drainage fee sof the drainage area served by the facilities, A Development Agreement shall be executed with.the'District to effect such credit, Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed€ e fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or:District. A storm drain easement will be required whenever storm drain facilities are located on private proper. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5137 rt�rnitrxhibitsZ"tract,5 137(kd) PARKS, RECRE ATION & COMMUNITY SERVICES DEPARTMENT TO: Sandy Brock,Planner 11 Planning Division FROM: Nancy Mon icon,PARKS PLANNING COORDINATOR,(.559.62119.27) DATE., January 2.2003 Sullecv Vesting Tentative Map T-5137, Located on the South side of West McKinley between North Polk and North Cornelia Avenues. The Parks Department has reviewed the Tentative Subdivision Map proposed by Amstar Homes,Inc,, on engineering drawings plans prepared by Lars Andersen Associates, frac. The Parks Division offers the following comments regarding the street tree,and buffi~rlparkway strip conditions ... I. STREET TREE REQUIRENIENTS A, Fresno Municipal Code requires I street tree per 60 linear feet of frontage within the landscape easement on West McKinley and North Polk Avenue. Street trees shall be planted either by the developer or the City Parks Department. i. The developer shall notify Parks to mark tree locations and to drill through hardpan upon completion of curb and gutter construction. Street tree fees shall be paid in accordance with the most current version of the Master Fee Schedule. ii. Street Tree Planting ILN, Developer: The developer may plant one tree for each 6t1°of street frontage. The developer is to provide a landscape and irrigation plan. whichisto be reviewed by Parks,Recreation and Community Services Department. B. Street tree requirement-,will be addressed as remainder parcels are., improved. 2. BUFFER PLA ADJACENT TO NORTH FOLD AVENUE AND WEST McKINLEY AVENUE A. The developer is required to provide installation and long term provision for maintenance of landscaping in the easement and right-of-way adjacent to lots 42'arid 43 on West.McKinley Avenue and adjacent to lots 61-7.1. and lot I on North Polk Avenue , The developer may do this by establishing a homeowners association. B. As an alternative the developer may petition to annex buffers to the Community Facilities District#2(CFD2). 3. DEVELOPER PLANTING FOR CONBfUNUY FACILITIES DISTRICT A. For land to be annexed.to the CFD2,landscape and irrigation plans for buffers shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks.Recreation and Community Services Department. Landscaping shall comply with I-andscape Buffer I)evelopinent Standards approved by the Cih,Council on October 2, 1990 as well as with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping passed Parks Recreation and Community Seni=De"rtraenl Commemi on T-5 13 7 Jamw 6,2003 Page 2 by Council on September 20, 1994. B. Should the proposed landscape buffers and/or park-way strips be located next to an existing buffer ancLior parkway strip, the planting concept shall simulate the adjacent adJ landscape e design to present a more uniform appearance on the street. 'rhe street tree species for North Polk Avenue shall be Sapium sebiferum,(Chinese Tallow 717ree). 'rhe street tree species for West McKinley Avenue is Koelruettviapaniculata, (Golden Rajn,rree-). C. Landscape plans shall indicate grades and show fiencing or wall details. All fencing shall be placed outside the landscape easement. Maximurn.slopes shall not exceed 4:1 with l'of level ground between the slope,and the back of the sidewalk and/or face of fence. Erosion control m mures shall be implemented on all slopes of 4:1. including die use ol'synthetic erosion control netting in combination with ground cover species approved by the Parks Division. D. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows, E. No private flags,sigans or identification of any kind shall be permitted in the right of way, within die city-controlled easement or on the fence or wall facing the street. 4. ENVIli ONAIE-NTAL ASSESSMENT A, This is project is consistent with die:Parks.Master Plan, . GO REQS REQUIRE-MT-N-T-S A. The project is in,UGM ZAine#4. Please assure that all Parks UG M fees are collected as allowed by FMC. The nearest regional park to the site is Roeding Park. The nearest neighborhood park is located at Clinton and Brawley. An additional neighborhood park is proposed at*Dakota and Milburn. West Area Citizen Advisory Committee 2600 Free—no Street,Rm 30ffi - Fresno.CA 937-21-3604 MFFTING rV11NUTES OF DECEMBER 23, 2002—4.00 P.M FRESNO CITY RALL—SECOND FLOOR—MEETING ROOM"C" L ROLL CALL. Ed Bergthold*.Jeff Barret * Chaired meeting 11. ACTION YrEMS A. OLD BUSLNESS & NEW BUSINESS Tentative Tract Ma j2 No.5137 Project Proposal: Request approval of above-referenced tract map in order to develop a 131 lot single-family residential subdivision on approximately 129 acres located along the easterly side of North Polk Avenue,south of West McKinley.Avenue. Current planned land use: Public Facilities/Middle School/Eleinentary School Underlying planned land use: Medium Density Residential Zoning, R-t/UGNVcz(Single Family Residentiall' Urban Growth Management area./ conditions of zoning)zone district Assessor Parcel No.: 3 1.2-10 t-36 Area of site, 29acres Staff Analyst- Sandra Brock Action, Approved subject to the installation of a six-foot, masonry block wall along common property-line bemeen proposed residential subdivision and commercial development at southeast corner of N.Polk and N. McKinely Avenues and the application of appropriate development policies as specified by the adopted West Area Community Plan. (Refer to attached West Area Community Plan policies.) Apply 20-ft building setback requirement along North tAcKin ley and North Polk Ave's per West Area Community Plan Policy No. W-3-b f1f. REPORTS IV. UNSCHEDULED 01tAL COMMUNICATIONS VADMINISTRATIVENNIATTERS VL ADJOURINAMENT West Area Citizen Advisory Committee 2WJFre.snoStreet,RmX)% - Fresno,CA.93721-3RX AGENDA DECEMBER 23, 2002—4:00 P,N1. FRESNO CITY HALL—SECONYD FLOOR-4VIEETIING ROOM"C" I. ROLL CALL II. AcTiON ITEMS A. OLD BUSINESS B. NEW BUSLNIESS Tentative Trag!_M� a o>5137 Project Proposal: Request approval of above-referenced tract map in order to develop a 131 lot single-family residential subdivision on approximately 29 acres located along the easterly side of North Polk Avenue,south of West McKinley Avenue. Current planned land use, Public.Facilities/Middle SchooU Elementary School Plan Alternative land use, Medium Density Residential (shallapply if not acquired for a school facility) Zoning: R-1/UGMI cz(Single Family Residential/ Urban Growth Management areal g conditions of zoning)zone district ,Assessor Parcel No.: 312-101-36 Area of sitc 29 acres Staff Analyst: Sandra Brock Action: 1IL REPORTS IV. IRNSCHEDULED ORAL CONTIWINIC. TIO NS V. 4.l) TMST RATI VEAIATFEKS VT. ADJOURNMENT provision of additional major street travel lanes(beyond the currently required two center larges) when projected traffic volumes or safety conditions warrant. establishment of a service area, and UGM fee for design and construction of planned overcrossings of Freeway 99 and for north- south traffic flow improvements within the West Area, including the rantland Diagonal. W-2-e. Prsllcye In order to provide neighborhood park facilities in a timely manner, the city shall commit to developing every UGNI-f nded park within two years of the time that 95 percent of the UGM fees are collected within that parks UGM service area. �` t W-3, OBJECTIVE.- Provide streetscapes which create a positive image of the'west area and contribute to the West Area Community's quality of life. W-3-a. Policyt Designate Grantland Avenueand the GrantlandDiagonal between Shields €. Avenue and its intersection with the right-of-way of the Soot ern.Pacific S Railroad tracks as a boulevard area, with a 30-foot landscaped setback required, Planned elements of the city's roaster trait system may be 17 located partially within this setback. -0/ W-3-b. Policy;,' Provide a 20-foot landscaped setback along all designated arterial streets. Planned elements of the city's master trail system may be heated partially U. within this settbaclt. r -3- Policy. Provide a 15-foot landscaped setback, or the setback required by the ' Fresno Municipal Code, whichever is greater, along all collector stree and along the Gettysburg alignment transportation corridor. Planned elements of the city's master trail systema may be located partially within this setback. W-3-d. Polio ro When fees are paid for median island landscaping in the West area, the funds collected shall not be transferred for use in other community or specific plana areas, A prioritized list of median island landscaping projects in the West krea shall be developed annually and presented to the West area Plan Implementation Committee,for review. -4. € BJECTIV : Provide ' acceptable design standards for single-family residential development, to establish and maintain safe, attractive, and ;table .residential neighborhoods', to preserve the long-term integrity of the community, . ` * -a. ~Polis , At the following standards to all development proposed within areas designated for medium-low and medium density uses: 2015 Frvrm General Plan West z4ma C arrrneareaty;Nan -204- 02-01-02 ' R in areas planned for medium-low density residential use,minimum lest size shall be 6,000 square feet or larger, except when approved as a cloistered planned development pursuant to a special permit: • in areas planned for medium density residential use, clustered and nonclustered planned development tracts shall require a special pen-nit. fn such nonclustered planned developments- 1 ! _ lets ander 6,000 square feet(reduced-size lots)shall not comprise ' over 25 percent of all the lots in a final tract map, reduced size lots shall be at least , square feet in area and, except for curl-de-sac and comer lots,shall have a.minimum width of 60 feet. rog reduced size lots shall be distributed throughout ut a tract. {- W4 b. Poli . The following policies shall apply when a remainder parcel is within the Y" boundaries of a residential subdivision, The remainder- parcel shall be rezoned to a zone district which is consistent with the planned land use designation. Access to the remainder parcel shall be reoriented to a local street %± whenever feasible, a � When the remainder parcel abuts a major street and is not a corner lost, r, right of way dedications and installation of improvements including back-up landscaping treatment and, where feasible, fencing)shall be required along the major street. When the remainder parcel is a comer lot abutting one or more major streets, right of way dedications and installation of improvements (including back-up landscaping and,where feasible,.f cueing)shall be required along any major street frontage of the parcel Haat is less than 330 feet. Wm -c9 Po t r ,. The following design standards shall be required for development of homes and garages in nonclustered residential subdivisions, including planned developments: single-wfamily residential lists shall not be allowed to front on a designated major street unless it can be satisfactorily demonstrated that no feasible alternative means of access can be provided, Evaluation of alternative means of access shall include the consideration of frontage roads, back-up treatment, and substantial redesign of the subdivision proposal, roofing material shall consist of one of the following, except for roofing used over rear yard patios'. architectural grade composition roofing guaranteed by the manufacturer for at least�€�years. cement or clay tile. treated mood.shakes. M21 <nrw .P *Pew air Wed*ea C;oaaeaata aityPlan -205- 02-01-0„ ar hitecturalmgrade metal and coated non-glare decorative metal roofing products. fall ffont yard lands cirt ..and ^irriat ral ... e._ c..... rio ..._.. W ocpappy:..... ro city sidewalk standards adopted in 1993 shall be applied (sidewalks with park strips wide enough to accommodate street trees on both sides of all residential and major streets). if the general platy is w� r amended in the future to change this standard, alternative sidewalk l c; s, patterns with unitary curb/sidevvalk and landscape strips in the right-of-way inside the sidewalk may be considered, subject to the design and implementation of an acceptable street landscape plan. W-5., O CT e Provide for the appropriate distribution and design of multiple-family and clustered residential uses, to establish and maintain safe, attractive, and stable residential neighborhoods and to preserve long-term integrity of the West Area Community. ma.Q Policy: in order to provide a desirable range and distribution of housing opportunities, the designation of additional medium-high density residential uses (by plan amendment).nay be considered for sites which comply with the following criteria, ® new medium-high density residential uses shall be distributed to avoid excessive demands upon limited public facilities and services, yet provide adequate housing opportunities with immediate access to employment, shopping, .services, public schools, and transportation, for each proposed medium-high density site, the city shall provide assurance that, at occupancy, public facilities and services will accommodate demand increases or characteristics (peak daily traffic volumes, sewer flows, and water usage; fire suppression water requirements;prevention of disruptive traffic movements; et al)in a manner that will maintain acceptable levels of service to the proposed use and to the surrounding community in accordance with adopted plans, policies, standards of service, and development standards. • the medium-high density site shall either have direct access to a major street or to a local street of sufficient vehicular capacity which does not pass through an existing or planned single-family residential street prior to intersecting a major street. • evelopmnent of the medium.-high density site shall not prevent completion of a local street identified as necessary to serve a single- family neighborhood. variations ofthe building footprints with indentations,prqJections, and offsets, . variations in the exterior walls by use of a variety of materials and features such as wainscoting, decorative trim, balconies, bay windows, verandas and entryways, - varied roof forms with slopes, ridges and valleys. . fences and walls that are architecturally compatible with the project, aesthetically pleasing, and durable. The following design measures,as well.ass any measures identified by the Police Department and Development Department., to promote controlled access and community surveillance of all common areas and facilities- pedestrian and vehicular entrances,walkways,parking areas,open spaces, common facilities, structures, and fencing shall be designed to inhibit uncontrolled access by nonresidents and facilitate surveillance by residents, property managers and law enforcement/security personnel. in projects with five or more dwelling units,fencing or walls shall -f nces have a 6 bot minimum height,with gated pedestrian entra to control pedestrian access. These access control structures shall be sited and designed in consultation with the Fire and Police Departments, and, in the case of sound control walls, with the Public Works Department. When feasible and safer pedestrian access through sound or security walls should be provided near transit stops, schools, parks, shopping center, and other activity centers, fully enclosed garages should be provided for the required covered parking spaces on sites of one acre or less in size, unless alternative design measures are approved to restrict access to parking areas by unauthorized persons, Vehicular access gates may be required for project sites larger than one acre in net size, unless fully enclosed garage spaces are provided. W-6. OBJECTIVE: Establish compatible relationships between housing types and densities, and. provide standards for interfaces between urban and rural residential land uses and between single-family and multiple-family residential projects� W-6-a. Policy: The'following interface standards shall be mandatory when proposed single-family subdivisions with lots averaging less than 1'-),,;00 square feet in size abut one or more rural residential parcels)that isiare(1)between one-half andtwo acres in size and(2)developed with at least one dwelling unit. There shall be a minimum rear yard building setback according to the following standards: 2023 Fr esm Ge ml Plan Appendh W Wev Arm commwdtv Pian _208- 02-01-02 for single-story structures, the rear yard setback shallbe t3 feet. Rear-yard encroachments may be permitted for single-story structuress per the provisions of the Fresno Municipal Code. However, in no case shall the rear yard setback be reduced to less than 20 feet by means of these encroachments. for two structures.,the minimum building setback shall be 40 feet. For those t��?rs-str�rg,structures with norearWfacir� windows above the first floor, or for those portions of two-story structures which have no rear-facing windows above the first floor,rear yard encroachments may be permitted per the provisions of the Fresno Municipal Code. However, in no case shall the rear-yard setback be reduced to less than 20 feet by means of these encroachments. `here shall be a 6-foot high solid wall or approved architecturally- designed solid fence(meeting requirements of the Fresno Municipal Code) provided along the side and rear property= lines between new single-family ily uses and the above-defined rural parcels. W-6-b. Policy, The following interface standards shall be mandatory when proposed multiple-family or clustered residential uses abut one or more rural residential parcel(s)that are(1.)between one-half and two acres in size and ( )developed with at least:one dwelling unit. There shall be a minimum rear yard building setback according to the following standards: W for single-story structures,, the rear yard setback shall be 30 feet. Encroachments into this rear yard setback may be approved in the initial special permit(site plan or conditional use permit),or may be subsequently approved in an amended special permit,provided that the special permit approval or amendment process includes the public noticing, appeal, and hearing provisions of the Fresno funicipal Code, However, in no ease shall the rear yard setback be reduced to less than`0 Feet by means of these encroachments. for two-story structures,the minimum building setback shall be 40 feet. EXCEPTIONS: For those two-story structures with no rear- facing windows above the first floor,or for those portions of to- story structures which have no rear-facing windows above the first floor, near yard encroachments into this building setback may be permitted. Such encroachments may be approved in the initial special permit or subsequently approved in an amended special permit, provided that the special permit approval or amendment prods includes the public noticing, appeal, and hearing provisions of the Fresno Municipal Code. However, in no case shall the rear-yard setback be reduced to less than `0 feet by means of these encroachments, 202.E P<'reow Gemml PIMpg �asda�t3` The following implementation measures(property design standards)will be applied to all nonresidential development entitlements. The standards may be waived or modified where adjacent land is developed with a nonresidential use or is approved for nonresidential development(by an entitlement such as rezoning or special permit). These standards are to be applied through the city's special permit issuance and appeal process and may be modified or waived through that process in order to best serve the community's health, safety, and welfare, if the Development Department director, the planning commission, or the city council find that appropriate architectural design, screening, noise attenuation,and'oroperational measures have been provided to adequately protect adjoining residential property.. Wa-7-a, policy: No nonresidential. structure taller than two stories or 35 feet shall be constructed or enlarged within 40 feet of the property tine of abating, properties that are zoned, planned, or otherwise approved for residential uses, f-7mh, Policy; Nonresidential structures that are less than two stories or 3 5 feet in .height may be constructed within 20 feet of the property line of abutting properties that are zoned, planned, or otherwise approved for residential uses. W-7-c Policy: A landscaped bu er strip,containing deciduous and evergreen trees,is to be planted and maintained along local streets abutting nonresidential uses, and along all the property lines that lie between nonresidential uses and abutting properties that are zoned, planned, or otherwise approved for residential uses, The landscaped buffer shall be at least 10 feet gide(or wider, as may be required by the Fresno Municipal Code or through the special permit issuance and appeals process), W-7-d9 Policy: -Provide wall and/or earth berm, separation to protect the integrity of residential areas adjacent to nonresidential development. [,�. : , • A masonry wall, or combination masonry wall and earth. bean, j} providing a. continuous barrier three , and one-half feet to six and one-half feet in height, shall be erected on, or along, the setback line ten to twenty feet from, and parallel with, the right-of- way i €t-of- ,.x way line of abutting local streets" Earth berms shalt be planted with grass or ground cover and maintained by the property owner. £-7-es Policy: All loading spaces shall be located not less than. 150 feet from the } boundary of any residential property, however, the proximity of loading arm may be reduced when adequate design and operational measures (such as restricted hours for loading activities) are approved to mitigate WraArm i.:amffxldypfras -�f1- 112-€1C 112 ,t AN C 44AM CENT U1F FAA NO 510 P,2:'2 CENTRAL UNWIED SCHOOL DISTRICT T � f,% 3x l t 4605 NOe'Ttj F OUK AVE M}p?NO, CA 92722-51)4-f$59)2745- Jg•;gowcli Vccznrutvsid k iu.cx.ua 'DIS- a5..4 Vl fl`S.az`-++ 1,1 xwYa;'i� Q , ,+°C y�� Aee• Larry La Powell January 3, 2003 TRUSTEE3- Cindy Bekruoa er•:s Cox Judith Gwringa.r Theresa Hagaita Diana l'Ahla Phtt rbc :can: Nick Yovino Me Yaol-I Development Director Pith' of Fre�tir� 2600 Fresno Stree> Fresno, CA 913 2` Dear Mr, Yovino, We are in receipt of a letter dated Der-ember 9, 2002 regardinguladivissoil Review Committee meetings schadul d to consider Te,ntaUive IF,act Map No. 5137. This proposal involves a 28.5 acre parcel located on the southeast corner of Polk and McKinley Avenues, w, hich currently carries a dual use designation of middle schoolirnediurn density residential on the 2025 General Plan Map, In accordance with the agreed open oblective of using the dual use d algnatlon t -improve the planning process, we request that the processing of this map be suspended tintil ante have had an eppertunity to either attempt tc acquire the site or t€� relocate to another area. , incerely, J1�n Mulligan Assistant Superintendent, Business M1 d f GEOFFRcy tat,t,aAr'',r�A`�- �i0;it�P,t ULLIGAs°1 SA KC UG:AN rL--Sislant SUL'intanden£, Assistant ku��srint�:��aS?>e 5,391 tes:, Assistant S Ds 6mansierst, snv:ructon (559)2,6•5�24 f:r69) 276-,5200 ;zz �'76-3t?5 FARC'f$59)? 6_29f13 FAJ (859) 13-03-�',4 FAX(369)-276-3-102 Facific Gas and flectric Company �Mai i ................................. Sow- a<2ev Lat "ar-r, esno, '93 760, 5519-2111,111.172.11,!, inte,nal: —19-, .W.ED January 14., 2003 C� t OEVeuopmeg DEPARTMEW Development Department I-ry or.rr� st4o Engineering Services Division Land Division Section Attn: Ms. Sandy Brock 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Dear ifs. Brock, Thank you for the opportunity to review Tentative Tract Map No. 5137. Pacific Gas and Electric Company (PG&E) will not object to the recording of said parcel map provided the final map conforms to the preliminary map you have provided. If PG&E has an existing pole line facility that serves the property and the existing pole line crosses proposed property lines and is not covered by an existing easement, it is the property owner's responsibility to provide PG&E with adequate rights-of--vvay satisfactory to PG&E, If the property owner needs PG&E to help assist in making the determination if an easement will be necessary, the property owner or their agent may contact the undersigned for assistance. If you have any questions, please contact me at 559-263-7375, Sincerely Nick Minas Land Technician NJM,.dkj cc: Mike Crain, PG&E JAN-08-2003 10:ZT FROM-Lars Andersen & Associates 5592760350 T-912 P,001/001 F-653 LARS ANDERSON & ASSOCIATES, INC- SCC IT A.MIOMNIER,VZ C114L ENGINEERS o LAND SURVEYORS *PLANN'W PRESIDENT 4630 W TACQUET-YN AVEINTUE, SLJffE#119 ROBERT CROENI,FZ FRESNO,CkLITORNNIA 937722-6405 JOVI RTOR10,FE, (559)276-2,790- FAX(550)276,96 €) NOEL G.BUCU,PE January 8, 2003 Memo to, Amstar Hornes Incorporated-David McEntire .Fax. (702) 650-2926 From: Arthur L. Lucas Re: Tentative TTact Map No, 5137-Fresno, CA SEC W. McKinley& N. Polk Avenues Yesterday, Jantiary 07, 2003, ScottMommer, President of LarsAndersen&Associates, Inc. had a discussion with John Mulligan @ Central Unified School District,regarding the issue of the District's inquiry of the development site as a possible school site. Pleasebe advised, per John Mulligan, that the Central Unified School District will not be proceeding with pursuiag the development site for school use. After your review of the above, should you have wiv questions or require further clarification, feel free to contact me at (559)276--21i90Ext 24, ALL,'all cc- File Cityof Fresno/Planning Dep g , aament-Sandy Brock Central Unified School District-John Mulligan Lars Andersen&_ Associates, Inc,-Scott M.ornmer ..................:............ A 98-2GU3 15:20 FROM-Lars Andarsan A Asscciatas 5592T69950 T-922 P.901/001:. r-TOT 10 L S ANDERSON & ASSOCIATES, L-4 C. SCO'rr A,MOMIMER.r F. €1V.ILENGINEERS - LANDS! MrS a PLANINERS .I'USID...E.N1 4630 add.JACQUELYN AVENUE,SUITE#119 ROBERT OWENL RS_ FRESNO,CALIFORNIA"3;",22-W5 J®VI R.TORtO,RE, (559)276-2790► FAX(559)2176-€78.51 NOEL Q 8UCU,RE. January 8, 2003 llvlerno to andra Brock ;:its•of Fresno Planning&Development Department Fax, (559) -1020 From'. Art Lucas Re; Arnstar 11ornes Incorporated Tentative Tract Map No, 5137-Fresno, CA. 1 talked with David McEntire @ .f .root w 1 io.rnes, Inc. tli:is date, as to w etber he would be proposing fireplaces in his homes for the above referenced project. David said that he.would be inclined to ellini nate"wood-burning' fireplaces in the homes, and would offer, as ars o tiorL "gas-fired"appliances, After review of she above, should you have any questions or require further feel free to contact me at(559) 276-2790, ext 24. cc. File . ustar Homes Inc.-David McEntire Scott M+ainmer "f Fresno .,r �,. 17 lU; 0-AmmicaCRy 2000 DEPARTMENT OF PUBLIC UTILITIES Late; 12/17r2002 Development Application ; T-5137 APS. 312-101-36 Address; 5431 W. McKinley Avenue Project Description: A 139-Lot single family subdivision on the south side of W. McKinley, bet. N. pelf and N, Cornelia Avenues, on 28.5 ac. of -I/UGM,`cz zonmg. Reviewed by: John Moser artit.ary q er_ erylge J It has been determined that the Project will contribute ars estimated average daily discharge to the sanitary sever system of 45,195 gallons and capacity is available it the Sanitary Sewer System to serve the project, and 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 shell be paid for the Project, No extensions required. Water=service It has been determined that the projected pear water demand for the Project has been estimated at 278 gallons per minute and an adequate source of potable water is available to meet City, Mate: and Federal standards during periods of pear demand in the City Water System serving this project, and Water facilites are currently or wou d be available to provide eater service to the site subject to the fallowing requirements: V. A 1.300 foot water main extension is required in accordance with adapted ordinances, specifications and as directed by Department of Public Utilities req€airements. V Two independent sources of water are required to serge the Project, Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Payment for installation of;pater service(s)and/or meter{s) is required. v' Payment for installation of public fire hydrant(s) is required, V ',Mater Connection Charges are due and shall be paid fear the project. y 0 Fresno Imn Ing-%L. DEPARTMENT OF PUBLIC WORKS Date: December 15. 2002 TO.- SANDY BROCK,Planner 11 planning and Development Department, Current Planning Through: ERR FROBERG. Assistant Manager VV Public Works Departrtient, Engineering Division From: JOHN ALLEN, Engineer II Public Works Department, .: gineering Division Subject- Sik- NITARY SEWER AND WATER REQ UIRFNIENITS FOR TENTTATIVETRACT No.5137/t.,"GM General 'The subject site is located on the southeast comer of West McKinley and North Polk Avenues. The subject tentative tract map proposes to create 131 single family.residential lots on 28.5 acres. Existing zoning is R-I' UGM/cz- The developer shall be required to construct any sewer and water mains,necessary to serve adjacent properties prior to placement of any pernianent street surfacing. Sanitary.sew e .A 45-inch sanitary sewer is existing in West McKinley and North Polk Avenues to serve the proposed subdivision.No public sewer main extensions are required, 'rho following conditions are required to provide sanitan, sewer service to the subdivision. I Separate sewer house branch shall be provided to each lot created. 2. All public seNver facilities shall be cotistructed in accordance with City of Fresno standards, specifications, and policies. Water sendee A 14-inch water main exists in West McKinley Avenue to serve the proposed subdivision. The followin(Y conditions are required to provide water service to the tract. 1) I. 14-inch Transmission Grid(rG.M) water main shall be installed in North Polk Avenue from West McKinley Avenue to Floradora along the subdivision frontage, I'lic tract or any phase of the. tract is required to have a rainimum of two points of connection to public water sources approved by the Water Systems Manager. I. Separate water services shall be provided to each lot created. 4. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. c: Doug, H.ecker City of Fresn Sewer & Wa " 'Br Facilities __......................._................................................_.. ............................. Water Mains i Actiw—e- .. .� 'dater Mains i -private 1.. ........ i .. t —Proposed nSewer Mains W.mcKWL-ty �f ... .: - - —. _ ............. Parcels j ._............................. • City Limits r: Fresno County .................................................................... ..........._._...................... 5....: j Z ......................... i............_.._................... ..: - i .......... ..............................t............................ ...... .. ._�f� i ............._.................. i € i ........................ ...................?...................._._............................... i ------------ ......---- _....---........... f E s ------------ ...... ........ W. ri S'ALE 1 < 7, 975 - _._....._._.....----- ............ _......._...................................... FEET http.,',cfpuweb2.ci.fresrio.ca,Lmf r fMGW ip.mwf Monday, December 16,2002 9:54 AM City of �s+r LIMA low .................... ................ C':ty I-lall 39_6%1-81500 Nbhc'Works DeDartrnnent 2600 Fmmw Street,Rin 4064 Esqu'vel Seven) F:1Z1..1;>,CA.93721:..3A'3 lnte6in A-.,sist=Director .S;W.w'ftesno.gov January 9, 2003 TO, Bob Lewis,Supervising Planner Development Depatt.-nent, Placating Division THROUGH: Jose Luk Benavides,P,E,,Assitant'fransportation Manager Public Works,Transportation Section FROM: David Padilla. Int.enn Transportation Planning Superivo�_� Public Work&Transportation Planning SUBJECT: TT 51''t'7,Public Works Conditions of Approval The Public Works,Transportation Planning Section,ha-;completed its;review offentative'Fract Map 3113', which vias submitted by Arristar Homes,Incorporated.The 1561J.0.wing requirements are to be placed on this tentative tract inav as a condition of approval by the Public Works Department, General Conditions Randicap access ramps are required at all comers within the limits orLha:tract, All required iigacing anal striping shall be done arid paid for by Lhode-veloper/owner, 'rhe si ingand gn �' striping plans shall be done per the current Caffrans standards and shall be a part of the street construction plans ,or this tentative Inap to the Public Works DeparUiient for review wid approval, Frontage 1mprov_e_mtnt Requirements: Major streets: West I,TcKintev Aygj!q..(&t riga: - 4vay vurooses within the limits of this tract t meet for Dedicate an easement for street.rig 411-of ew-rent City of Fresno arterial streetstandards, I Construct concrete curlo, gUtter,sidewalk,and 20-feet ofpermanent paving within the limits of this tract,The sidewalk pattern shall be constructed to a 10-foot residential pattern, 3. Construct-,in underground street lighting systein.to Public Works Standard E-I within the limits of this tract. Spacing and design shall con.form to Public Workts Standard for arterial itreets. 4. Relinquish direct vehicular access rights to West McKinley Avenue from all lots within this tract, Mc1Cnley__1'olk,dx Major streets: North Polk Avenue(Arteriab., I. Dedicate an eiiernent ff'or street right-of-wally purposes within the finifts of this tract to ineet for c-urrent City of Fresno arterial street standards, 2. Castruct concrete curb,gutter, sidewalk, and 20-feet of permanent paving and transition as necessary within the limits of this tract. The sidewalk pattern shall be constructed to a I 0-foot residentlit pattern, 1 Construct an underground street lighting systeni to Public Works Standard E-1 within the litnits of this tract. Spacing and.design shall conforni to Public Works Standard for arterial streets. 4. Relinquish direct vehicular access riOnt,;to Nortffi Pork Avenue ffoin all lots within this tract. Minor streets(Interior): Design and construct all curb,ghitter,sidewalk(both sides),permanent paving,and underground street lighting systems on all interior local streets. Sidewalk patterns to coniply with Public Works API Standards for 50ft and 54ft.atreets, 2. The approved W,Floradora Avealignment of.-Trut.5051 is located at.the V4-trifle point on the west side of N. Polk Ave.,therefore the proposed allgrunent of said street on the east side of N.Polk Ave should be redesigned to alipi with the previously approved intersection.. If the developer cho.,.,,--,not to alim)said street.,then, it shall be offi-et a inirtinium of 160 1-:et-north of said intersection. This division recorrunends that the intersection be placed between lots 65 mid- 66. 3. -en lot- and 31 triust be el' flinated, Stub street between 02, 3 in. UGM R.Uguirements: This Map is in UGM inaJor street 2!one E-4,therefore pay UGM 'Yfajor Street fees. Street UGM construction Is required with this tract. 0 Instal I a 15€?-watt safety light at its ultimate location on the southeast corner of-'McKinleyand-Polk Avenues, 'The safety light.will need to be protected with raisedconcrete.curb return. N'.qqh-Polk Avenue: a Construct the two 17-foot center section travel lanes wri.thin the southerly limits, of this tract to the intersection with West McKinley Avenue, Construct a raised concrete median island within the frontage o is tract to acconunodwte for a 2504�>ot left turn pocket at West McKinAv ley enue, f th West McKinjev Avenue • Construct the two 17-tout Center section travel lanes within the easterly limits of this tract to the intersection with North Polk Avenue.Construct a raised concrete median island within the frontage of this tract to accorriniodate Ebt a 250-foot left turn pocketatNorth Polk.Avenue, C:'Reldulg File CENTRAL UNIFIED SCHOOL DISTRICT s ............— ............ ..........--.. . I 46W NORTH FCLl< AVE. FIUSNNO, CA 937 22-.15334 276-52016 k:2,cu.its 1, DISTRICT SUPERINTENDENT FAX TRANSMrrTAL Larry L, Powell WON-- ------ i --To* Fmm February 12, 2003 co, CO- CeMMI Unified Sdwl Ms? phow 0T R R.US i' E Sc: Gindy Berube Fax* Fa. Prry Cox (209)275-01-04 Judith, GeinnerSandy Brock, Planner 11 ......... Theresa Hagans City of Fresno — Planning Division Diana Mi;Ra 2600 Fresno Street— Third Floor Phil Rusconi M a Mike Yaeja Fresno, CA 93721 n"rCE]FVEw-- FEB 14 2003 Subject: Initial Study EA No. T-5137 DEVELOPMENT DEPARTMENT CITY OF FRESNO Dear Ms. Brock: Thank you for providing the Initial Study and faxing the missing page #18. Central Unified School District (Central USD) appreciates your efforts to provide information on the impacts of proposed Tentative Tract Map 5137 on existing school facilities within the District. However, the following points of information are provided to update and/or correct information contained in the Initial Study: Section 11.4 — Overcrowding of School Facilities. As noted in the Initial Study, statistical information was obtained from the Education Data Partnership website (h.ftp:i,'wmv.ed-data,kl2.ca.us). Please note that information obtained frorn this particular web site is outdated and based on data from the 2000- 2001 school year. For this reason, Central USD would be more that happy to provide district enrollment data rather having city planning staff surf the website for this information. With regard to the Initial Study, the following issues are relevant, * The District boundary south of Herndon Avenue runs along Cornelia Avenue to Freeway 99 and not along Blythe Avenue, a Central USD has 17 schools and a total enrollment of just over I 1 000 ADA, 0 Central USD is .not currently experiencing overcrowding, In fact the District's teacher:student ratio for K-3 grade students is 1:`18.8 and the ratio for 4-12 grade students is 1.28.5. GEOFF REE-Y M, )A.RRA:T— JOHIN MULUGAN SAnAHKOUGiAN Personnel Assist3nt IS u`Werintendelnt, Business Assistant Supprint-�mzdant, instruc%on 59115, ,..539' 276-5224 559 (5 ) 276-3 276-5200 FAX(559276-2983 FAX SAY February 12, 2003 page2 TT5137-IS response S Enrollment figures for the 2002-2003 school year at McKinley Elementary were 846 students with a capacity of 360 students. Enrollment figures at El Capitan Middle School were 788 students with a capacity of 1000 students. M Prior to the passage of Proposition 47 (Nov. 2002), Central USD took precautionary steps to prepare, in the event that Prop 47 failed, for updating its fee study and possibly increasing developer fees. However with the passage of Drop 47, our fee study is not under revision and any unpublished data has not been reviewed or accepted by the District. • The recent bond measure referred to in the Initial Study was passed in 1002 --over ten years ago. Monies from this bond were earmarked and spent entirely for the construction of the new 2400 student high .school carpus on NWC of Dakota and Cornelia Avenues. The 166 acre property on the NEC of Grantland and Ashlan Avenues, is to be developed with an elementary, middle, and high school along with a stadium. Whether or not the loss of the dual designation on the subject site for proposed Tentative Tract Map 5137 will expedite construction of the middle school planned for the rantland/Ashlan property has yet to be determined. The District thanks the City for the opportunity to comment and provide updated and current information. Again, the District would be more than happy to provide district related information to city planning staff. Should you have any questions or need additional information, please contact David Deel at ddeel&centraluscl.k12.ca.us or at (559) 276-5203. Sincerely John Mulligan Assisstant Superintendant, Business DD.dd u 3:I BI T 5 co P \, HAh_ DELIVERED Juan Arambula Board sof Sczerscrrs t is-6 t YYr � March 24, 1998 Mayor James Patterson and City Council Members CITY OF FRESNO 2600 Fresno Street Fresno, CA 93721, Dear Mayor Patterson and City Council Members: SUBJECT. Proposed Director's Deten-nination for Polk Avenue, Olive to McKinley This morning the Fresno County Board of Supervisors discussed the City's proposal to eat the alignment of a four-lane divided, roadway on Polk Avenue from Clive to McKinley through a Director's Determination, We understand the matter has been has been continued for consideration by the City Council on March 3 1, 1998. In the interest of working with the City to serve both City and County residents along Polk Avenue, we would like to request that no action be taken regarding this Director's Determination until such time as County and City staff have jointly reviewed the proposal and the appropriate public meetings have been held. At the meeting all present would be able to consider the potential impacts and possible alternatives concerning the Polk Avenue alignment. Portions of Folk Avenue within the proposal area are sender the Jurisdiction of the County. Several County residents have identified concerns with the proposal to which our staff has been unable to respond for lack of information. Our staffs understanding, based on a September 12, 109 , letter from the City's Development Staff(attached), is that an Official Plan Line would be developed for Polk Avenue which would provide for a fs l public process involving both agencies in the-development and decision-making process. Room 300, Half of Record3/2281 Tulare Street/Fresno,California 93',"21-2198/(209) 488-3531;r (20911488-6830/1-800-742-1011 Fqus€Emp#xry=exut..oppcintnicy•Allir adve hc,6*n-Dis*bkd Erna€*ysr Mayor Jaynes Patterson and City Council ! embers March 24, 1998 Page Two We support continued pursuit of a Plan Line proposal as the appropriate means to address the Palk Avenue issue as a corridor rather than incrementally addressing a matter involving multiple interests. Further, we appreciate your consideration of our position and trust that our views will be taken under advisement in your decision process, Very tray yours, /Auan Arambula, Chairman Fresno County Board of Supervisors JA:LHG:g d pokl-0s2\g.pubr;w Design Attachment c: Board of Supervisors Carolina Jimenez-Hogg, Director Public Works & Development Services Department Street Name Checks Ito T.M-51.37 0 Street Name Status Recommended Change West McKinley Avenue Good West line Avenue Change West Oslin Avenue }blest Home Avenue Good .West Floradora Avenue ? North Polk Avenue i Good North Ellendale Avenue Goof North State Avenuehence forth State Street 'Btank' ? �� North Danta Avenue Chane forth Barcus Avenue `.�itv 3i f" US Development Department 2600 Fresno Street • Third Floor Nick P.Yovino Fresno, California 93721-3604 Director (559)498-1591 • FAX(559)493-1012 Ydwwxi,f resmca.us January 22, 2003 Please Reply : Sandra Brack (559) 621-8041. Art Lucas, AIA - Lars Andersen& Associates, Iaacoiporated 4d3€J West Jacqueline Avenue, Suite 119 Fresno, California 93722 Bear fir. Lucas, SUBJECT: PROPOSED MITIGATED.N,'E ATTVE DECLARATION FORTENTATIVE TRACT MAP No, T-5137/'UGM, AMENDED NOTICE OF CONU E TI.APPE AL. PERIOD AND AMENDED PUBLIC HEARING LATE Enclosed Please find the proposed Mitigated legative Declaration prepared for this project. This document was prepared and stamped-in by the Fresno City Clerk on January 14". This Mitigated Negative Declaration and a February 5, 2003 Planning;Conunission hearing date were noticed in the Fresno Bee on January 15'x. However, I made a mistake on the notice by omitting the project location. With that omission,it could have been alleged to be a deficient notice lander the California Environmental Quality Act(CEQ A). An amended notice is required,and is scheduled to be published in the Fresno Bee can January 25,2003. A copy of the submitted amended notice is enclosed. Because CEQA provides for a 20-day public; comment period, the deadline for submitting conaarrents and appeals will end on February 13, 2003. This re.-noticing requirement also moves the Planning Commission hearing from February 5' to February 19, 2003. 1 sincerely apologize for this error and any inconvenience that may result from it. However, we are still within statutory timelines for processing Tentative Tract No. 5137 under Subdivision heap .Act (California Government Code] Section 66452.1(c). I understand that you are con.Eerring with.Amstar Homes and the other interested parties regarding some tract design issues(such as the realignment of proposed West Floradora Avenue). Perhaps this slight delay will turn out to be fortuitous by enabling us to present a more refined and clarified rn.ap to the Planning Commission. In addition,if there are appeals or comments received by the new February 131 deadline,I will be able to respond to them in the Planning Commission staff report, which will be finalized on the afternoon of February 14". (Feburary 14'is the:new date when the staff report will be made available to you). FILE COPY A.rf Lucas, AIA, Larstkndersen& Associates RE: Tr-5137JU--GM lynviroranental Finding; Ainended Notice of Commem/App al Period. and A.rnended Planning Commission Hearing Date January 22, 2003 Page 3 On Friday, February 7", individual notices of the Planning Com mission hearing on this Mitigated Negative Declaration and Tentative Tract Map No,T-5 1317�U lei will he mailed out to property owners within a 350'radixes. (We use Fresno County akssessor records to generate the mailing list.) If you,as applicant,have any comments on the Initial Study,or if you wish to appeal any of the findings or mitigation measures in the proposed environmental finding, please contact this department within the time limit given in the Amended Notice of Proposed Mitigated Negative Declaration. If you have; any questions, please feel free to call nae at 559-621-8041. Thank you for your patience and consideration in this utter. Sincerely, Sandra.Brock- Planner 11 cc: David McEntire,Amstar Horses Fae Perry,Trans-Universal Corporation enclosures: Proposed litigated legative Declaration for Tl"-5137E`LJGM Amended Notice of Proposed.N. 1itigated legative Declaxation/Amended Notice of Public Hearing, to be published January 25,2003 I{SBPROPTT-5!3"06 Applicant Mi(Neg Dec&Amend Ntc-Iica€iag.[t.;Tci z- CITY OF FRESNO AMENDED NOTICE OF PROPOSED MITIGATED NEGATIVE DECLARATION AND AMENDED NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the City of Fresno has conducted an Environmental Assessment (EA No. T-5137) and intends to issue a finding that a MITIGATED NEGATIVE DECLARATION is appropriate for Tentative Tract Map No. 5137/UGM. This 131-lot subdivision is proposed on 28.47 acres (a portion of APN 312-101-36), zoned R-1/UG1 /cz (Single-Family Residential/Urban Growth Management Area/conditional zoning), and located southeast of the corner West McKinley Avenue and the North Polk Avenue alignment, ANY INTERESTED PERSON may comment on a Mitigated Negative Declaration to the Fresno City Planning Commission, c/o the City of Fresno Planning and Development Department, 2600 Fresno Street, Fresno, California 93721-3604, Any comment should be made in writing and must be submitted on or before February 13, 2003 at 5:00 Pm PDT, ANY INTERESTED PERSON may file an appeal of the proposed Negative Declaration to the Fresno City Planning Commission, 2600 Fresno Street Room 3043, Fresno, California 93721-3604. An appeal must be in writing and must state (1) the appellant's name and address; (2) the appellant's interest in, or relationship to, the project; (3) the decision being appealed; and (4) the specific reason(s) why the decision to issue a Mitigated Negative Declaration for this project or the decision to approve this project should not be upheld, Any appeal(s) of the above-listed project(s) must be filed with the City of Fresno Planning and Development Department no later than February 13, 2.363 at 5.00 Pm PDT. The Fresno City Planning Commission will hold a PUBLIC HEARING to consider EA No. T-5137 and Tentative Tract No. 6137/UG M on Wednesday, February 19, 2003, at 6:00 Pm or thereafter in the Fresno City Council Chamber, located on the second floor of Fresno City Hall, 2600 Fresno Street, Fresno, California. ADDITIONAL INFORMATION on the proposed project, including copies of the proposed Mitigated Negative Declaration, may be obtained from the City of Fresno Planning and Development Department, Fresno City Hall Room 3043, 2600 Fresno Street, Fresno, California, or, you may telephone the Planning and Development Department at 559-621-8277, PUBLICATION DATE: January 25, 2003 [Do Not Publish Sign-off and Identification Below This Line.] RAYBURN BEACH, Planning Manager Planning Division Development Department City of Fresno J:.\S8PR0j1,T-6137 03-8 Amended Ntc.wpd (7, w .„m w CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED ED Initial Study and fuii project description on file at: Environmental 2003 JAN 14 PM 4: 51 Planning & Development Department Assessment No, i�En FRESNO fid:. Fresno City Hall Room 3943 (3 Floor) CITY 2699 Fresno Street, Fresno, CA 93721-3604 T-5137 (559) 621-9277 APPLICANTS Amstar Homes, Incorporated, Assessor's 4570 S. Eastern Ave. Ste D-26t Las Vegas, Parcel No. (APN): NV 69119; and Trans-Universal Company, 312-101-36 PO Box 456, Santa Barbara, CA 93161 (portion) PROJECT DESCRIPTION AND LOCATION: Tentative Tract Map Filed with., Application No. 51371UGM proposes the development of 131 medium-density residential parcels,streets,utility infrastructure,soundwall, REBECCA E. KLISCH, City Clerk and landscaping on 28.47 acres(excluding 6.31 acres of the above APN), Fresno City ball 2`d Floor located .at the southeast comer of West McKinley Avenue and the 2699 Fresno Street, Room 2133 North Poly Avenue alignment. The project site was previously planned and zoned for medium-density residential uses (Rezoning No. Pa95-089 Fresno, California 93721-3693 assigning zoning of Ra1/UGM/cz. Single Family Residential/Urban Growth Management Area/conditional zoning). ------------ 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 checidist,combine to form a record indicafing that an initial study has been completed in compliance Vith the State EQA Guidelines and the California Environmental Orality 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 mannerare 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, a The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on they environmental checklist, including any such factors for which minor erects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the Wandatory Findings of Significance"contained in Section 15965 of the State CEA 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 effective If no appeal is filed in the manner specified by Section 12-595 of the Fresno Municipal Bode. INITIAL STUDY PREPARED BY. Su Sandra Brock Planner 11 9ASWRONXT-613u705kthWSU* DATE: January 14, 2003 PAYBURN 6EACH, Planning Manager CITY OF FRESNO PLANNINGT AND DEVELOPMEYJDEPARTMENT ,117 ENV URON MENTA L .ASSESS-N ''N'I-' - INITIAL STUIDN' TEN'TATIVE TRACT MAP NO. 5137/UGM PROJE.CT INFORMA'riON A SS E S S 0 R'S 312-1-101-36 R.-1.`I.IGM""Cz PARCELEXISTING (Single Family Residential/ Township l" South ZONING Urban Cxrowtl� Management Numtu',R& T.R. S. Range IVEasl Area, conditional zoning) Section 34, MDB&M JOB TT-5137",'UGM [no change proposed] ADDRESS ZONING Medium-DensityRe,sidential Southeast comer of West ALLOWABLE designation allows 4.99 to LOCATION McKinley Avenue anti the I O.-37'Urlit,per acre; and North Polk Avenue alignment DENSI'lY F\14C Section 12-403-13(l) allows 219 to 4.98 units/acre ZONE I AP 2245 PROPOSED 4.6 units peracre NuNiiw! DENSITY PROJEC DESCR1rJL1_0N: Tentative Tract Map No. ("TT") 5 137/UGM proposes to divide 29,10 gross acres(±-.28.47 net acres) into 131 residential lots,leaving a 6,31 acre remainder at the comer of West McKinley Avenue and the North Polk Avenue alignment. (This remainder area was previously planned and zoned for neighborhood commercial uses, but has not yet been developed). The tract is to be located at the southeast comer of W. McKinley and N.Polk Avenue alignment,south and east of the commercially- zoned land. The site is presently vacant and not used to cultivate any agricultural crop. It is zoned R-11"UGM/cz, Single Family Residential.,"Urban Growth Management Area, conditional zoning. This zoning was granted pursuant to City of Fresno Rezoning No, 95-08 and was perfected through the dedication of right-of-way on the abutting major street. The site is located within the new West Area Community Plan,which was created with the adoption of the 2025 Fresno General Plan. Previously, the site was in the westerly portion of the I° High-Roeding Community Plan. In both previous and current plans,the project site carried a plan.designation fin medium density residential uses. In the West Area Community Plan/2025 Fresno General Plan, it was assigned a dual. designation for a public facilityfiniddle school, in order to provide Gene-ral Plan consistency should Central Unified School District intend to acquire this site. However, the Central Unified School District has not entered an agreenient to purchase this site, Final Initial Study for EA No,T-5137, prepared for Temative'rract Nlap No. 51 37/ GM February 14, 2003 Page 21 This tentative tract map has been reviewed and recommended for approval by the West Area Advisory Committee. The Committee made specific recommendations for asolid wall to separate the tract lots fi-orn the adjacent shopping center(this is also a Fresno Municipal Code requirement), and listed the appropriate West Area Community Plan policies which would be applicable to this single-family development, The subdivision will be developed at an overall density of 4,60 units per acre, According to the2025 Fresno General Plan land use consistency table(and the preceding Fresno High-Roeding,Community Plan land use consistency table, which has been superseded by the 2025 Fresno General Plan),4.99 to 10.37 dwelling units per acre would be the appropriate density range for the Medium Density Residential land use designation of this property. However, Section 12-403-13(I.)of the,City of Fresno Zoning Ordinance(Chapter 12 of the Fresno Municipal Code,or"FMC-)states that residential density shall not. be less than the minimum density of the next lowest land use designation.. In other words, residential projects may be developed at one density level lower than their assigned land use designations. In this case, the next lowest residential density level is Medim-n-Low Density, which allows frorn 2.19 to 4.98 dwelling units per acre. Thus,the proposed density of this project is consistent with the FMC, the 2025 Fresno General Plan the, and West Area Community Plan (ws well as the preceding Fresno High-Roeding Community Plan). The project has been.reviewed and recommended for approval by the West Area.Advisory Committee, which requested that a solid masonry wall be constructed between the tract and the proposed shopping center(this is already a FN' 4C.requirement);that twenty-foot(20')wide landscaped buffers be installed along McKinley and Polk venues (per West Area Community Plan policies); and that This tract rnap is located within the City's Urban Growth Management(UGM)Area,m a-k-ing it subject to UGM requirements for extension and construction of the City's urban infrastructure elements(,such as major streets, water, sewer, fire stations, traffic signals, neighborhood parks, etc.) per the Urban Growth Management Ordinance, UGNI requirements have been determined necessary to provide tbr maintaining public health and safety standards as% development occurs at the City's fringes. As noted above,this project is located at the urban fringe. On the following page is a table showing the land uses immediately surrounding Tr-5137.UGM, There are no properties adjacent to this site Which are in an agricultural conservation contract. The 10:x:acre rural residential,property to the west is being farmed to produce pomegranates and apples. Final Initial Study for EA No,T-513;, prepared for Tentative Tract ? tap No, 513 i"LIG i. Febr in! 14. 2603 Page 3 Pt„ANNM) LAND tiSF ExisTI G ZONING Exi..STI:°G Use: `arterial Street -W W. McKinley Avenue (W,McKinley Ave.) (center two lanes developed., median island delineated, with.turn pock-et arzcl. developed for N. Polk Ave.) NORTH AE-5,"UGM, and Medium. -High Density Exclusive.Agricultural, FMF{:;D Ponding Basin C1 Residential and Public Fivc-Acre. inirnum (fenced-- less than 1./4 excavated) Facility., Ponding Basin Parcel sizetUrbarr Growthand vacant land(along Polk Ave)anagerrtent Area Elementary School OUTU and Nlediurn Density AE-S/UGM vacant.land Residential (dual designation) AE-5,,'Lr :a (incorporated portions; R-LIUI gM zoning expired with Tract l�lediurri Tensity rural residential and vacant land EAST ;residential Map Pio"41.46) No. 4146 and (expired C°ity Tract Map R-R,Rural.residential (unincorporated portion)------------------ Arterial Street r€ght-of-wav ( I. Polk rave.} rundevelo�ped _11al f oi' I I '-�x7ide polls Ave. R-R dedicated; acquisition of alf of WES'r and (unincorporated par-.el) C1GM center section pendinj, and b� rural residential with agriculture 3ftzce Commercial s%zr�le residence 9d fruit tre�sl S� INITIAL STUDY CHECKLIST: Staff has reviewed the above-referenced project proposal,has consulted with all affected agencies,and has incorporated those responses into this Initial Study. Following is a summary environmental impact checklist,prepared using the City ofFresn.o's condensed fort at as approved by the Mate Clearinghouse (California Office of the Governor, Office of.Planning and Research)" Together with the text of the Initial Study, the Mitigation Measure Checklist, it covers the issues outlined in CEQA Guidelines Appendix F in presenting information on,this project's environmental setting in relation to potential environmental impacts; what potential impacts may be created by this project, whether the adverse impacts are of a magnitude which could be charactedzed as significant; and what features are being incorporated into the project in order to mitigate adverse impacts below significance, TT-15 1,3 7 ENVIRONINMENTAL ASSESSMENT SUM.MARY CHECK[JST EA No. J 1lo.t.Q.n.11al Environniental Effects: i.O TOPQGRAPHIC,SOIL.GEOI.OGIC CONSIDERATION'S 1 L'7 Availability of stonn water drainage facilities. 1 1.1 Geologic hazards,unstable sodcondoitions (oft of-ofl,sI te) 1 1.2 Adverse change in topography or ground surface relief I 11,8 Availabihty of adequate park and recreation areas 1 13 Destruction of unique geologic or physical features I 11.9 Unusually high solid waste generation 1 1.4 Increased water erosion 12.0 HAZARDS 4,0 AIR QUALITY 1 12.1 Risk of explosion or release ofhazardous I Substantial indirect source.of pollution(large vehicle trip substances generator/attractor') l12'..2 Site subject to flooding 1 2 2) Direct oa-site pollution generation 123 Adverse change in course of flow of flood waters 1 2.3 Generation of objectionable odors 12-4 PotentLai I hazards from aircraft accidents 1 2,4 Generation of pollutants during construction 1 12.5 Potential hazards from landfill arittor toxic waste. 1 2-5 Adverse local climatic changes site's 3,0 WATER 13,0 AESTHETICS 1 11 Insufficient ground water available for long-terin project use 1 13,1 'ru Obst ction to public or scenic vista or view 1 3.21 Use of large quantities of ground water 1 13,2 Creation of aesthetically offensive conditions 1 3.3 Wasteful use of ground water 1 133 Removal of street trees or other valuable _L_ 3.4 Pollution ofsurface or ground-water supplies vegetation 1 3,5 Reduction in ground water recharge 1 13.4 Architectural incompatibility with surrounding 4.0 PLAN7 LIFF 1 4.1 Reduction of the numbers of aiiy unique,rare,or endangered 14,0 CULTURAL RESOURCES species 1 14,1 Removal of historic, building,disruption of 1 4,2 Reduction in acreage of agricultural crop archaeological or paleontological site 43 Premature or utmecessary conversion of prime agriculniral 1 14,2 Construction or activity incompatible with land adjacent hi,,;toric,,archae.ologl-c,pa]Lo site 5,0 Al 11MAL LIFE 15,0 E-`ERG Y 5.1 Reduction in the numbers of any rare,unique,or endangered 1 14;,1 Use of substantial amounts of fuel or enerµy species 1 15,2 Substantial increase in demand upon existing 5.2 Deterioration or displacement of valuable wildlife habitat sources of energy 153 Wasteful use of energy 1 6,0 HUMAN HELum--Potential-for causing iqjury/illnesses 7,0 NOISE Fxplangion of Ratings 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels 8.0 1AGHT AND GLARE t€11:: Insufficient Information 1 8.1 Production of glare,adversely affecting residential areas lasufficient information is available for this category 8.2 Exposure of residences to high.levels of glare, and project to determine the potential environmental LISA effect,,,which may result from the proposed project, 9,0 9,1 Incompatibility with adopted plans and policiesrg 9.2 Acceleration of growth rate No Significant Environmental Effect 1 93 Induces unplanned growth 1 9.4 Adverse charge in existing or planned area characteristics in this category, the proposed project will not have an adverse environmental effect,or any such effect is not I OO 'rRANSPORTAII()NN.Nr).CIRC ULA' ION substantially unusual or of undesirable magnitude. This 1. 10.1 Generation of vehicle traffic sufficient to cause capacity rating is also utilimd in cases where the category is not deficiencies on existing street system applicable to the particularproject under consideration, 10,2 Cumulative increase in traffic on a major street fr)r which 2 capacity deficiencies are projected t1 ?8Mo4erate Euvironmental Effect 10.3 Specific traffic hazard to inotorists,bicyclists,or pedestriams 1 10.4 Routing of non-.residential traffic through residential area In this category, the proposed project could have an _L 10.5 Insufficient or poorly located parking adverse environmental effect which is of sufficient 1 10.6 Substandai increase in rail andior air traffic magnitude to be ofsome concern. However,this effect is not substantial enough in itself to require preparation I I.O URBAN SERVICES of an Environmental Impact Report, and is mitigable 211.1 Availability of fire protection through project changes and conditions, 11.2 Lack of ernergency vehicle access, 1 11.3 Adequacy of design for crime preventiOn "Y Significantly Adverse Environmental Effect 11.4 Overcrowdina of school facilities 2 11.5 Availability;'f water mains ofadequate size The envlrorunenwl effect identified in this category 1.1.6 Availability of sewer line and sewage treatment capacity substantiates in itself, or contn'butes toward, a findiTlg that the proposed project has a potentially sigrilFicantadverse effect on the environment sufficient to require the preparation of an Environniental Impact Final Inl6a] Study for EA No. T-5137, prepared. forTentative Tract Map No. 5137111'(11111M February 14, 2003 Page 5 1.0--TOPO!L,RAPHIC, SOIL. GEOLOGIC CONSIDER.-ATIONS There are no geologic hazards or unstable soil conditions known to exist on the site. The parcel is relatively flat, with no significant drainage features and no unique geologic features. Existing topography will be preserved to the fullest extent practical by lin-ifting earth work to that which is necessary-for the development of building sites and improvements(roads,utilities,etc.)per the City of Fresno Drainage Ordinance. Grade differentials at property lines must be limited to one foot or less or a cross-drainage covenant must be executed with affected adjoining property owners. The site is not located within a flood prone area--it is in "Zone X." per Federal Emergency Management Agency Flood hisurance Rate Ma-p Panel No. 06019C 1545F, Erosion is to be controlled through. best management practices for stormwater pollution prevention. Fresno Metropolitan Flood Control District maintains a master stormwater discharge, and provides inf'ormation on these practices. The project manager will be responsible for preparing and implementing a Stormwater Pollution Prevention Plan (SPPP) as part of the construction stormwatcr discharge permit requirements imposed by the Central Valley Regional Water Quality Control Board pursuant to the National Pollutant Discharge Elimination System. For at discussion of soils was related to agriculture, please refier to EA Section 4.0--PLANIT LIFE. Mitioation Measures- t�p The requirement that the developer will be required to obtain a constniction storrnwater discharge permit and to prepare and implement a Stormwater Pollution Prevention Plan is referenced on page 4 (Measure D-4) of the Mitigation Checklist prepared f(-,,r the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). This Checklist is attached hereto as Exhibit A. 2,Q--AYII_0'U'AL[TY The project site is located within Fresno County, which is part of the eight-county San Joaquin.Valley Air Basin for which the San Joaquin Valley Unified Air Pollution Control District(S.TV'LJ.APCD) has beery created. This regional agency is responsible for the monitoring and regulation of air pollutant and pollutant precursor emissions from stationary, indirect and mobile sources within the air basin. Criterion pollutants(regulated by the federal Clean Air Act and the California Clean-Air Act) include particulate matter{mostly comprised of fugitive dust and smoke)and the,airborne chemicals which are precursors of ozone(or oxidants;also referred to as photochemical.smog). nitrogen oxides and volatile reactive organic gases. Due to the. lack of demonstrated urban development in the project vicinity this project site is not yet considered to be wit1iin the Fresno Urbanized Area. (The California Air . ...... ............................ ............... Final InIbin Stud v toy EA NO .T-5137, prepared for,rentative'rract Map No, 5l 37AJC)M February 14, 2001 Page 6 Resources Board's Urbanized Area maps are re-drawn after each decennial Census is analyzed, and. was last revised per the 1990 Census; at some future point, it is probable that this project location will be considered by the Air Resources Board to be within the Fresno Urbanized Area.) Fresno County, like most of the rest of the San Joaquin Valley Air Basin, has consistently exceeded Federal and State eight-hourozone standards and particulate matter(Pb 10)standards. The San Joaquin Valley Air Basin is designated by the UY, S. Environmental. Protection Agency as a Serious Nonattainment arca.tbr PM 10. The area is also a Severe Nonattainment Area for ozone, and is destined soon to be re-designated as a Extreme Nonattainment Area for ozone,due to failure to adequately cut emissions of ozone precursors. such as reactive organic ga.,.,*es (ROG) and oxides of nitrogen (Nox). The SJVUAPCD does not have jurisdiction over tailpipe emissions and cannot mandate new smog controls or different engine/fuel technoto,gies;therefore,it cannot control themobile source component of these enlissions and can only regulate point sources ("smokestack"or industrial operations) and non-point or"area"sources (such as combustion appliances,off-road.-vehicles and equipment,and"indirect''sources,landuses which are attractors or generators of mobile source pollution, The Fresno Urbanized Area fonnerly was a Moderate Nonattainment Area for carbon monoxide(CO), but imposition of smog control rules for vehicles resulted in drastic reductions in CO emissions. Since 1998.the Fresno Urbanized Area leas been.designated as,a Maintenance[of Attainment!,Area.for carbon monoxide. This area has not exceeded National Ambient Air Quality Standards or California Air Quality standards for oxides of sulfur(SOx) and is in Attainment status for that pollutant. Fresno City Council Resolution No. 2002-378 certified the Master Environmental Impact Report (MEIR) completed for the West Area Community Plan and the 2025 Fresno General Plan (City of Fresno EIR No. 10130, State Clearinghouse No. 2001071097; copies available at the City of Fresno Planning and Development Department). Certain significant unavoidable adverse environmental effects resulting from pr(�Iect implementation were identified in MEIR No. 10 t 30,including cumulative effects on air quality in the region. The air quality effects.resulting from the planned land uses identified in the Bullard Community Plan are mitigated to the extent feasible through.the mitigation measures identified in, MEIR No. 10130 and outlined in the Master Environmental Impact Report Mitigation Monitoring Checklist attached hereto as Appendix A. Specifically,the following measures are incorporated within, and implemented by, this project: I. Land use patterns of the West Area Community Plan have been arranged to minimize the length and number of vehicular trips. Although this project is not itself a mixed use pr( ject,it is proximal to planned office commercial, retail commercial, and institutional sites and the neighborhood therefore allows .for integrated land uses which will act to reduce vehicular trips; Final Initial Study for EA No. T-5137, prepared f rr"Fentative;T act Map No. 5137/t.:�C;lit February K 1400", page , The 20125 General .Plan(and'west Area Community PIxm)call for bikeways on every€ iajor street, and sidewalks are required on both sides of all.;streets developed for this tract. These inf astructure improvements will promote the use of non-rnotonzed transportation. 3. The mrr_jor street plan and transportation policies of the 2025 General Plan and West Area Community Plan are designed to promote smooth and efficient traffic flow, expansion of bus transit, and exploration of light rail and other mass transit modalities. 4. The City has adopted Best available Vontrol Measures to implement the SJVU APC D's air quality- attainment plans, and through h its. inspection prograrn.s helps to ent"brce the SJVUA.PC D's Aust control measures, .5. The project applicant(Arxrstarllotnes,via design f.rrn bars Andersen&associates)has stated that wood-burning appliances will not be installed in new homes, that all fireplaces will be dedicated gas-burning omits; this is also reflected as a requirernent in the project-specific: checklist of additional mitigation measures for TT-51371UGM, attached hereto as Appendix B. G. This project has been routed to the SJV .Pty D's Environmental section for review and comment, and the response of the District has been. incorporated into project requirements, This project Inas been analyzed with IRB.EMI S, air pollution impact estirnating(modeling) sof fare developed by the California fir Resources Board in conjunction with the SJVIJA.PC D. UR.BEMIS estimates the amounts of air pollutants and pollutant precursors which will be den-rated during construction of a project and after the project is occupied and in use. URBE.MIS adds up direct pollution sources("area sources,"such as emissions from construction equipment engines,dust daring grading and from travel on roadways,fireplace soot,water heaters,furnaces,etc.)and indirect pollution sources (the tailpipe emissions generated from vehicle travel.to and from the occupied project). IIie model generates pollution estimates with (or without) application of mitigations such as SJVU,i%,PC D (or City) air pollution control rules. such as controls on the types of paints and solvents ("architectural Coatings"), asphalt paving re=gulations, and dust control measures. Since those rules are in effect, tlrr°y were applied in the URBT M15 analysis of this project. Table 1 below,presents the construction.and occupancy results of the UR.BE'.1 IS model, and reflect the fact that no fireplaces.or wooed stoves will be installed by the builder. The SJVUAP(,'.D has adopted thresholds of significance for air pollutants which cause Nonattainrrrent (presented at the bottom of each Table), URB.EMIS analysis shows that this project does not generate particulate matter or ozone precursors in excess of those thresholds. Therefore,the project's air quality, impacts, in and of themselves, are; not significant. Final Initial Study for EA No,T-51;37, prepared ibr Tentative Tract Map.No. 5137,11IGNI February 1.4. 2003 Page 9 Table 1: ANNUAL ENDS ION MUM USE/0(XUPANCY estimated in tons per year) OZONF PRECURSORS ROG NOx Co PM.10 S02 AREA EMISSIONS 1.21 0.0 6.3 0.02 0 0I VE111CULAR EMISSIONS 443 5.22 51.75 0,18 0.03 SJVUAPCD THRESHOLDS OF 10 1.0 100 14.6 27.375 SIGNIFICANCE Adverse air quality impacts are mitigated to the extent feasible through the mitigation measures incorporated into project construction (Appendix B measures and application of SJV_UAPCD air pollution Rules governingArchitectural Coating,Asphalt Paving,Mobile Equipment,and Fugitive Dust Control rules)and operation(SJVIJAPCD Rules for water and space heaters-, the builder's declaration not to install woodbuming appliances), and to the extent applicable and feasible through the 2025 General Plan and West Area Community Plan MEIR mitigation measures (outlined in. Appendix A). However, all construction activity and new development ultimately contributes to cumulative adverse -air quality impacts within the region, and implementation of the above mitigation measures in this project will not abate regional air pollution to a less than significant level, nor can it or completely obviate this project's contribution to regional air pollution. In Resolution No. 2002-378 certifying the MEIR, the Fresno City Council adopted a statement of overriding consideration with respect to air quality in the region, which recognized the following facts in a formal statement of findings- • Regional air quality problems in the San Joaquin Valley are primarily caused by climate and geography,causing disproportionately more air pollution per capita than most major metropolitan areas in the United States or California. The City of Fresno cannot change basic climatology. • The. solutions to air quality problems involve coordinated long-range planning and implementation of meaSUreS (for instance, vehicle engine technology) which are largely beyond the scope of any individual development project.,or the City of Fresno,to address. • Rapid population growth will continue to occur in Fresno. Population growth is a factor that the City must respond to,and one that the City cannot mitigate or control because of air quality. Increasing population will create IncTeasing air pollution, and the City can only initigate some of that effect through planning and mass transit programs, Final Initial Study ftm-EA No, T-5137. prepared for Tentative Tract Map No, 513"ILS M February 14, paae. 9 • An increasing population has needs for housing (including affordable housing), employment, public facilities, and commercial goods. These needs must be met by redevelopment and new development, notwithstanding regional air quality problems. The 2025 Fresno General Plan's policies regarding more intensive land use(as compared with County rural residential densities),proNrision of infrastructure,land use coordination to integrate residential,shopping,employment and public facilities,and -ability to provide .mass transit,mike controlled and guided urban development in the City a preferable and workable means to accommodate population with the least adverse impact on air quality. The statement of over-ridim, considerdtions was adopted pursuant to Section 150935 of the California Environmental Quality Act. (CEQ.A) Guidelines. Under Section 15831 of CEQA.. for projects that are consistent with the allowed densities specified for the planned land use designation adopted by the General Plan/Community Plan, a public agency may Iii-nit its examination of environmental effects to those which the agency determines are peculiar to the project or parcel on which the project would be located. The proposed project is consistent with the planned land use designation identified in the West Area Cominunity Plan,and the project's cumulative impacts on air quality have been identified to di.e. extent feasible and mitigated per the 2025 General Plan MEIR checklist (in Appendix A to this EA) and the additional project-specific measures in the Mitigation Checklist for TT-5 I 37.JJIGM (EA Appendix B). 2.4—C,eneration of air pollutants during construction "Fable 2, below,presents the URBEMIS model's estimate of pollution that would be generated during the construction phase of this project. These emissions are tabulated by U RBEMIS separately from.its "operational" (occupancy/residential use) phase because the subdivision will not be constructed and have a year of occupancy all within the same year. Table 2: CONS'I'RL OZONE PRECAIRSORS ROG NOx co PM10 S02 PROJECTEMISSIONS 5.81 1,00 0,-16 1.16 0.09 SJVU'APCD THRESHOLDS OF 10 1.f1 100 14,6 22.375 SIGYNIFICANCE *this estimate used the URBEMIS default construction.period of 2iO days Final Initial Study for EA No. T-5137, prepared for Tentative Tract Map No. _5137/11(im February 14, 2003 Page 10 Construction of the proposed project would contribute to short-tenm impacts on air quality in the form of increased dust and particulate matter. However, these Impacts are local in nature and Would cease upon completion of the project. The construction phase of the project would be subject to SJVt.jAPCD Rule 2280(governing emissions from portable equipment of 50 hp or greater) and to Regulation V111, a series of Rules fior controlling particulate matter("fugitive dust") generated during construction activities. Regulation VIll rules are numbered 80 l. 1 etsea. Rule 8021 specificallypertains to construction.,grading,and other earthmoving activities, Rule 8031 governs storage pilesand bulk materials.,which may be involved in construction. Generally, there is a prohibition on generating visible dust.necessitating active dust control measures such as watering/sprinklering roadways,keeping paved surfaces free of tracked-out or erosion-deposited dirt, covering dry piles of stockpiled material. planting vegetation on denuded areas, and so forth. A Dust Control Plan must be prepared and subtnitted to the SJVUAPCD at least 30 days before work begins on any large job(a lob involving disturbance on.40 or more acres,or the movement of more than. 2,500 cubic yards of material per day for at least three days). Under Rule 8011 (the general dust control regulation.),the project manager is required keep a record of the Dust Control Plan and its implementing activities for at least one year after dust-generating activity is concluded, Later in construction.,Rules 4902(Residential Water Heaters)and 4601. (Architectural Coatings)would apply. As noted previously,the applicants will not be installing any woodburning appliances in these homes(no fireplaces or wood stoves). If subsequent buyers intend to add them,they would be regulated under SJV-UAPCD's Residential Wood Burning Rule(Rule 4901 and any successor amendments to that Rule)as well as the City's Woodburning Ordinance(chaptered into the City of Fresno Building Code, FMC Section 13-200.911. et seq.). Mitigation Nleasures SJV`UAPCD Rules and regulations apply to construction activity, as noted above. MSIR No. 10 130 specifies I s les-further mitigation measures applicable to this project(see the MSIR Mitigation Checklist in Appendix A). - In addition, the following measures shall be required by the City of Fresno, in order to reduce the potential amount of dust and other air pollutants from t1lis project. The following mitigation measures care attached hereto in Appendix B, theY['-5137/`UGM project-specific Mitigation Checklist : PM 10 emissions will be mitigated during project constiuction through the following measures: I. On-site vehicle speed shall be limited to 15 miles per hour(mpl-i),- 2. All areas with vehicle traffic shall be watered at least twice daily; Fitial Initial Stu& t-or EA No. T-5 137, prepared for'TentatIvel"r�ct N-Map No. 513 7il_it:NI February 14, 2003 pa!Ye I I 3. Roads shall be treated with a petroleum-based dust palliative. 4. Streets adjacent to the prq�ject site shall be swept as needed to rennove deposited dirt and silt, which may have accumulated from construction activities or storrn water runoff, 5. All clearing,grading,earth moving,or excavation activities shall cease Buri ng peliods of wind speed greater than 210 mph average over one hour-, 6. All bulk material transported or stored shall be either sufficiently watered or covered to minirnize dust, Ozone emissions will be mitigated during construction by the following: L Equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications.- 2. From August to October, the. construction period shall I be lengqhened so as to minimize the number of vehicles and equipment operating at the sayne time, ImplementationNerification- This mitigation measure, and all other measures relative to consaiuction, shall be implemented by the contractor as specified by the applicant during the construction phase and verified by the City of Fresno Public Works Department/Construction Management Division, by the inspectors of the Planning and. D :evelopment Department; and by the SJVUA PCD Compliance Division. WATER HeSIU.) is one Of the largest cities in the United States relying upon groundwater for its public water supply. The city maintains an extensive and dispersed network-of wells(over 3 50 have been developed and acquired by the City of Fresno),inter-tied water mains, and recharge basins. As a large municipal utility, the City of Fresno water system is subjected to the highest degree of regulation with frequent testing and punfication treatment required.for all substances listed in Safe Drinking Water regulations. In order to maintain a safe and sufficient supply of water to serve the metropolitan area and.to protect the aquifer,the city worked with other area agencies to develop a Witter Resources Management Plan. The Management Plan identified the need to construct water supply infrastructure (including water mains and surface water treatment facilities), to install wellhead treatment units on certain wells, and to improve groundwater recharge to best protect the aquifer, Fresno has one of the hicliest rates of water consumption in Cali fornia., an average 267 gallons per day n - I per person. Over time, consumption in the urban area has resulted in a significant decline in static Final Initial Study for EA No. T-5137, preplired for 1'entative'I"r-act Map No. 5 1 3-T,"UUM February 14, 2003 Page 12 water levels below the metropolitan area(i,e .depth to groundwater has increased in niosit areas.), it has also reduced the in- able water. While the saturated zone of the aquifer beneat' ground storage of us-� II Fresno is still over 300 feet in depth and is. projected to be capable of providing adequate safe drinking water for the metropolitan area well into the twenty-first century, the City is pursuing the option of treating its surface water entitlement to diversify supply options and to combat Service delivery problems caused byareas ofdegraded groundwater,by increasingly stringent waterquality regulations, 0 and by localized areas of overdrafUdeficlent recharge, Historically, prevailing groundwater flow direction (groundwater flow vectors) in the Fresno metropolitan area have been generally westward fi-ointhe Sierra Nevada on the east and southward from the San Joaquin riparian area on the north. Because of the extent. of gfoundvvater pumping in the metropolitan area, groundwater flows have been altered over time and are no-w generally from the agricultural fringes of Fresno toward the developed portions of the city, (Similarly, increased groundwater extraction in Madera County has altered flows from north Fresno so that the aquifer is now tilted toward the San.Joaquin River in northeast Fresno, instead of flowing a-way ftom the San Joaquin R iver), Groundwater elevations tend to be higher in the West Area than they etre in central or north Fresno,due to a number of factors: • The surface topography of Fresno clines toward the west,so this area has received the most runoff fi-orn precipitation. • The San Joaquin River provides a high degree of recharge in northwest Fresno. Is The West Area has numerous irrigation canals and has had a large extent of irrigated farmland and vacant, undeveloped land which allows natural percolation of rainfall. * The West Area has,to date,had a lower population density and very little commercial or industrial development to increase groundwater dernand and purnping. * An iramense amount of recharge is produced at the Fresno-Clovis Regional Wastewater Treatment and Reclarnation Facility(WWI'RF). (However, the WWTR.F is sufficiently distancedfrom the site of Tl'-5137/UGM that this"inound" of groundwater would not affect this tract.) The City of Fresno is currently implementing a number of strategies aimed at managing existing groundwater resources,including routine testing of groundwater to identify contaminants,location and construction of groundwater recharge facilities to replenish the groundwater and contain expansion of contamination plumes and.the construction of well head treatment facilities to remove contaminants from the groundwater, Final tnitiaa.l Study for EA No.T-5l 37, prepared for"t entaali.ve`T`rac.t No. 51 3-JUG -t February 14, /1-00,, Page 13 Groundwater quality from wells located in this project area is usable, but is likely to require wellhead treatment with granular activated carbon to remove dibroinochloropropane (.I BCP), as pesticide formerly used to treat root nematodes in vineyards. Northeast of the project site; a fon-fler railroad ice plant discharged salt brine into the ground and created a "salt plurne" that has been expanding southerdvesterly saver time. However,the discharge was.halted many years ago,the salt plume has been diluted with expansion and recharge,and is not seen as a problem for providitu ad.ocluaite water supplies in the project vicinity. This project would increase water use,comparted) to the existing land use on the site(fallow land with no permanent plantings). The Department of Public utilities estimates peak water usage of this project to be 3380 gallons per minute (gpm) and has indicated that there: is an adequate amount of water to supply the proposed project for domestic and fire protection services. per state law, each home in this subdivision .is required to be equipped with ai water meter, but until or unless the City Charter is amended or superseded by State or Federal Law,the.City cannot charge metered residential water rates to single family housing. The City is using public education to achieve residential water conservation and reduce the per capita mate of water cons uniption. City.Purnp Stations 138, 174, and '2'47 are the developed well sites nearest to this project., and those municipal water wells are expected to furnish.this tract's supply(until, or unless, additional wells are developed in the area). Public water mains of adequate sire are available to serve the project. .A. 14"diameter transmission grid main('l'GM)already exists in West.McKinley Avenue, and and will be extended to the project and its homes. Per Urban Growth Management requirements, the subdivider will be required to provide a second plaint of water supply by'installing ai 14" TGM in North folk Avenue from McKinley to the Floradora Avenue alignment, Each home requires a separate water sen ice(and the landscape strips will require individual service). .each. hone is subject to payment of applicable Water Connection Charges prier to issuance of'building permits. Tart of the Department of Public-Utility's water utility mate structure is devoted to providing for ongoing and expanded groundwater recharge activities. Withcontinued impldrrientation ofthe Water Resources Management Plan,,including infrastruc,tureasnd funding to be provided by development of this subdivision, the city's and region's long term water supply is protected and will continue to be adequate to meet planned dernands. Mitigation Measures; No mitigation measures are required other than those specified in MI IR No. 101 30 (see Mitigation Checklist in Appendix A), with the standard conditions imposed on development and buildout of this tract pursuant to the City's Urban Growth Management Ordinance and utility connection regulations. Final Initial Ski& for EA No, 'T-5137, prepared forTerlativeTract Map No. 5137"UGNI February 14, 2663 Page 14 4.0-PLANN- 1 LIFE This site does not have any know special status plant species extant. Itis-fallow and harbors significant weed growth,making it areservoir of weed propagules(seeds.). Weeds observed on field check include some noxious weeds (e.g., tumbleweeds, a/k-,,"a russian thistle). Development of this property will remove undesirable plants and lessen weed control burdens on -adjacent property owners, The Natural Resources Conservation Service(fornierly the U, S.Soil Conservation Service)of the U.S. Department of Agriculture published a Soil Survey for Eastern Fresno County in 1971. The Soil Survey inapped soils throughout the eastern portions of the county and described their properties and agricultural value. 'rhe soils at this site arc identified as Sart Joaquin Sandy Loam, shallow, slopes 0 to 3 percent ("SdA" designation on soil map No, 39"1. This soil. typically has a gritty surface, low content of nitrogen and phosphorus(plant nutrients),and a clay laver that-forms hardpan one to two feet below the surface. Due to this, it has a relatively low Storie Index (23) and is not considered a prime agricultural soil. the Soil Survey suggests fig cultivation,"dil-farnied" field crops such as barley, or grazing- permanent crops require deep-ripping or even blasting, and irrigation would have to be carefully monitored to prevent re-fonning the hardpan by deep-watering and saturating the clay laver. The California Department of Conservation Farmland Mapping- Program depicts this site as having -unique f4rinland," defined as, "non-prime soils which can be used to grow crops important to the region or state." In this case,the suitability of Fresno's climate for figs is the main justification for the "unique farmland"designation. However,the subject site is not utilized for agricultural.purposes,has not been cultivated for several years, and has long been planned for urban development by adopted plans and policies. As a commodity, figs have not been strongly economically viable., and most fig orchards in the Fresno-Clovis Metropolitan Area are being taken out of production. The subject property has a buried.private irrigationline connected to as well on adjacent property to the east. In order to ensure that.removal of this line will not adversely impact farming activities on that adjacent property,City policy requires that the,subdivider execute arc easement to retain this irrigation line,or obtain a written release from the adjacent land owner stating that the line is not needed and can be removed, Final Environmental. Impact Report No, 10085 pre-pared for the 1984 Fresno General Plan (which updated.the Fresno fligh-Roeding Community Plan.) and Final Master Environmental Impact Report. No. 10 130 prepared for the West Area Comi-nunity Plan and the 2025 Fresno General Plan discuss the loss of agricultural lands in.a thorough manner. These EIRs conclude that, within the Fresno Sphere of Influence, loss of agricultural land is considered tinavoidable, and that de-velopinent of this land at planned urban densities is preferable to conversion to rural residential uses (which is the County's planned use of this area),in that urban development accommodates more people on less land and Slows Final Initial Study for EA No, T-5137, prepared for Tentatlive'l"'ract Map-1111\1o, 5137/U(.;M FebrUary 14, 2003 Page 15 the rate of conversion of prime farmland. For MEIR No. 10130, a statement of over-riding considerations for conversion of agTicultural land was adopted, pursuant to CEQA Guidelines Section 1.5093. Mitigation Measures- No project-specific mitigation measures are necessary, other than the requirement to obtain a release for removal of the on-site private Irrigation line and the standard mitigation rneasures for t'arrnland conservation reflected in IMEIR No. 10130(see the MSIR Mitigation Checklist M .Appendix A) 5.0--ANINIMAL LIFE The California Department of Fish & Game Diversity Database indicates that no special status bird, marnmal., arnphlbian, reptile, or insect species is known to occur at this property. There is no sic,nificant wildlife population currently inhabiting the site. The landscaping to be installed wotild provide habitat for certain species of birds and small animals accustomed to an urban environment, No adverse envi ronmental effects are expected as a result.of this pro3ect. Mitigation Measures- No proji ect-specific mitigation measures are necessary(MEIR N1 o. 10 130 measures for special status species protection do not apply, since the site is not important habitat for any listed species I P 6.0--HUMAN HEALTH AND SAFETY The proposed project is not expected to create unsafe conditions and would not result in adverse effects ori'human.health. The property is not on the Cortese List of known contarninated sites,and is not near any documented source of air toxics. To the extent possible, health is protected by Citv policies and project conditions,such as 2025 Fresno General Plan MSIR mitigations and project-specific meassures for air quality protection,noise control,traffic safety, municipal water utility service,sanitary severing, and drainage and flood control (see appropriate sections of this EA for specific measures). The project developer will be subject to California Occupational Safety and Health Administration regulations for workplace saflety, and all site work and off-sits; work- (including street work) will be subject to City safety regulations for fencing, road barriers, signage, etc. Final Initial Study for EA N(, 'l'-5137, prepared for"l elitafive'Tract. NAap No, 5137/1,IGM ary 14, 2003 Page 16 The temporary on-site ponding basin will be regulated fol-weed control and mosquito abaternent by the Consolidated Mosquito Abatement District and. by the Cites of Fresno Code Enforcement Division. Mitigation Measures; No additional mitigation measures are necessary, beyond these identified in MEIR No. 10130 for air quality, water, sewer, and hazardous Materials (see the MSIR. Mitigation C:heck.list. in Appendix A). In this EA sections 2.0—AiR.Qt.rmm/and 7.0—NOISE provide protection for human health and safety, in addition to existing rules and regulations of the City for construction site; protection, rules and regulations of occupational health and safety agencies; and rules and regulations of the € os€luito abatement district. 10-4NC tS < There; will be an increase in the a€nbient noise levels during the construction phase of the; proposed project, poise levels will depend on the equipmentused but would generally range from 60 to 80 dB, at a distance. of 50 fe=et from equipment in use. .However, noise would diminish as site construction work is completed, homes are erected, and construction moves to interiors, final site work would include landscaping equipment(utilizing trucks,augers;,mowers,and similar machinery),with expected noise levels ranging from 65 to 75 dBA at a distance of 50 feet from equipment in use. The City of Fresno Noise Ordinance limits the duration of construction activity to allow- quiet time at night. t. The westerly portion of the;subdivision will abut North Polly Avenue(a designated arterial street) and the northerly portion of the subdivision abuts West McKinley Avenue, also an arterial stru=t. The vehicular traffic on McKinley .Avenue (artd traffic which will occur on Polk Avenue when it is constructed) will generate a significant amount of traffic noise. Traffic noise will. largely be mitigated, however, by the recommended conditions of approval for the subdivision. Direct access to these major streets is required ro be waived,except for a limited number of local street openings to :boll€.and McKinley, Residential lots which will back- or side-onto these major streets. "Backup"treatment requires a 6-foot high solid wall. The 'Fest Area Coen-unity Plast requires 20-foot landscape strips along the arterials.to be installe=d between the wall and the roadways. These soundwalls and landsc=ape strips will not only block direct access from these lets to the arterials, they will also provide some noise reliefto the inhabitants of the lots nearest these streets. Median islands planne=d for arte=rial streets allow for additional distancing and scattering,of traffic noise. California Title; 24 energy e=fficiency requirements act to mitigate indoor noise. The City of Fresno implements'Title 24 through construction plan check and structural inspection activities. Final Initial Study for EA No,'-I'-5137, prepared Mail Ni-.). 5137/1riGM February 14, 2003 Page 17 The MEIR for the 2025 Fresno General Plan conceded that, in seine locations, traffic noise would be a significant and potentially unmitigable impact upon sensitive uses. Pursuant to CEQA Guidelines Section 15093, a statement of over-riding considerations for these impacts. Mitigation Measures: The noise mitigation measures outlined in the Mitigation Checklist for MEIR.No. 100.10 are located in Appendix A to this EA (Page I 1). The pr( Ject-speclfic measures which would mitigate noise impacts are incorporated into the project by City ordinances,and policies requirements(these measures. include a rnasonry soundwall behind 20' wide landscape sups along the major streets abutting this project;"back-up"treatment and no direct access forhomes along major streets with limited local street access openings). No additional projJect-specific mitigation measures are necessary. &O—LIGHT AND GLARE Street lighting will be required to be installed along Polk and McKinley Avenues" This lighting is down-directed and is required for safety. It will also help in crime prevention surveillance. Additional light will be derived from interior residential lighting, outdoor lighting installed on homes, and headlights of vehicles associated with this housing development, The required landscape buff;Dr and m.asonry wall will.substantiallv reduce light and glare onto residences from the abutting major streets, and mill help contain light and glare associated with.the subdivision, The Uni-forni Electrical Code also contains provisions that prohibit lighting installed in a inanner that directs glare on.to adjacent properties. Mitigation Measures: No mitigation measures are necessary beyond standard City glare control measures (requirement for down-directed outdoor lighting) and Uniform Electrical Code requirements, See Appendix A for measures spec if ied by MEIR No. 101.030. 2-11-AXID U, E 5_ The proposed project reflects plan designations assigned in the previous conununity phm for this area, the Fresno High.-Roedirig Community Plan. The intersection of Polk and McKinley Avenues was planned as an "activity center" in the 1977 Fresno High-Roeding Community Plan, allowing for commercial and residential uses to be zoned on the subject APN. The proposed project is consistent with the West Area Community Plan, which Mas superseded the Fresno High-Roed ing,Community Plan with the adoption of the 2025 Fresno General Plan. The West Final Initial Study for EA No,T-5137, prepared f7or'Fentative 1'ract Mal) No. 5137/LiGM February 14, 2603 Page 18 Area Community Plan and 2025 Fresno General Plan assigned a dual designation to this site: Public Facility/Middle School, and Mediuna-Derisity Residential, If the Central Ulnified School District had purchased ;his site, it would have had General Plan conformity. In the absence of any school district purchase agreement, the property owner remains free to proceed with development of a single-.family housing tract. Dual desig �nations such as this are used by the Citvof Fresno for sites proposedfor public facilities,but not yet owned by public agencies, in order to avoid. inverse condetrination and to preserve private property rights consistent with U. S. Supreme Court land use decisions. The West Area.Community Plan contains provisions to inte7gate new single-t1imily urban development with abutting rural residential lots and active agricultural properties. The design ofthis subdivision map implements these policies, Both adjacent parcels are not being actively farmed (neither is under Agricultural.Preservationi'"Wil liarnson Act"contract.); and both are over two acres in size,too large to be considered"rural residential.." The tract map allows f-br the abutting parcel to be re-subdivided and integrated into the neigJiborhood, and the do vc1oper's. requirement to install the center section of North Polk Avenue(two travel Lanes) facilitates deve4opment of the west side of Polk t-;D.,r office uses. This site has been formally designated for single-fitmily development for several years. City of Fresno Rezoning No. R-95-08 was approved on October 17, 1995 (City of Fresno Ordinance No. 95-77), granting C-l/'UGNVcz zoning (Neighborhood Shopping District/Urban Growth Management Area/conditional zoning)to approximately 6.5 acres on the southeast comer of Polk&McKinley,and R-1,," GM/c zoning(Single-Family Residential District/Urban Growth Management Area,conditional zoning) to the remainder of this 33.6-± acre parcel, where 7f'-5l37/UCW1 is currently proposed. Conditions of this Rezoning were that right-of-way be dedicated fbrMcKinle.y and Polk Avenues,and that a [City of Fresno Public Works] Director's Determination. be made for the alignment and. right-of-wav of N. Polk Avenue. These conditions were deemed by the [Planning and] Development Department to have been satisfied (see to]lowing section on Transportation and Circulation for detai led inforniation on the N. Polk Avenue Director's Determination). Subsequent construction of homes inTT-5137/UGM is.,.�.,ub J Ject.to Fest.Area Conununity P Ian policies related to aesthetics. and to City of Fresno Design Guidelines adopted with the 2025 Fresno General Plan(see Appendix C. attached hereto), Mitigation Measures- No project-specific mitigation measures are necessary. See Appendix A for measures specified by MEIR. No. I 0130. ......................................... Final hiitial Study for EA No. T-5137, prepared for Tentative Tract: Map No. 5137/UGIM February 14, 2003 Page 19 1.0.0--TRANSPORTATION AND CIRCULATION The property is currently vacant land, consequently, its development will generate additional traffic which will utilize local and major streets in the vicinity. However the Public Works Departine-rit, Traffic Division has concluded that the projected traffic is not expected to have a significant adverse impact. The project is within walkable distance(approximately one mile) to aii existing bus stop on Line 39, and the project will be required to improve its share of bike lanes on abutting major streets. The developer of this tract is required to construct its half of McKinley and Polk Avenues,the abutting major streets (both arterials). These required improvements include sidewalks, curbing, gutter, street lighting, signage,bike lanes, and disabled access sidewalk cuts. Pursuant to the City's t Jroan Growth. Management Program,this subdivision will also be required to install or pay for a traffic signal at the corner of Polk and McKinley. McKinley Avenue is already largely constructed and striped in a two-lane configuration.{the south half of the street has additional paving,and a turn pocket for Polk Avenue). For this tract,-further McKinley Avenue improvements are required to improve the street with bike lane, curb, gutter, sidewalks (including disabled access ramps at corners), and c,, si.on ZO:a ; si giialization. The subdivider of this project will also be required to improve the center section of Polk Avenue. Right-of-way for the western half of Polk Avenue will need to be obtained ftom the adjacent property owner, pursuant to the Director's Determination for the plan line of this segment of Polk Avenue. The Director's Determination was based on the longstanding planning practice of aligning major streets with Section and Quarter-Section lines, boundaries used for original subdivision of land in the area under the Township.,"Range/Section surveying and Property description system. A half-mile grid pattern. for Fresno major streets was,originally established in the early 1900s(per the Cheney Plan)as method of ensuring sufficient streets to serve thearea.and as an equitable means of acquiring street right-of-way (property owners on either side of a Section line are each expected to provide half ffieright-of-way), Pursuant to adopted street patterns, the subdivider of 17-5137.1"UGM may also elect to create a local street on the adopted alignment of West Floradora Avenue, straddling the Quarter-Section line--III which case, right-of-way would have to be obtained from the property owner to the south. Other subdivision requirements support good traffic flow and function on the arterial streets bordering this property, the waiver of individual lot access, the limited number of local street intersections with arterial streets; separated, striped bike lanes on arterial streets; and provision of separated pedestrian access(sidewalks). At full-build, arterial streets such as West McKinley and North Polk Avenues have a capacity of at 31,700 up to 47,900 vehicle trips per day while still fun " ctioning at acceptable Levels of .......... Fffial Initial Studv for EA No. 1"-5137, prepared fbrTentilive Tract Map No� 5137/UR..';[M February 14, 2003 }gate ,2 0 Service("LOS"), Levels of Service are estimated.using analysis techniques developed by the Florida State Department of Transportation. LOS determinations are somewhat subjective--they involve a series of criteria,such as average speed and waiting times--and they are influenced by multiple factors: street classification, number of lanes, lane width, lane separations,, signalization, intersecting local streets, visibility, and driver behavior. The 2025 Fresno General Plan indicates that LOS "E" would be acceptable in some areas, but LOS "D­ is the standard minimum acceptable LOS. Wien partly improved to a two-lane configuration, major streets can still accommodate over 10,000 trips per day with LOS "D"or better. Estimated trip generations for the proposed subdivision were calculated based upon *131 homes, applying the Institute of Traffic Engineers (ITE) Manual average of 10 vehicle trips per day: the estimated traffic to be generated by this project is 1,310 vehicle trips per May. The addition of trips to McKinley anal Polk Avenues by this subdivision will not cause significant adverse impacts to those major streets. Currently, NIcKinley Avenue has 1,741. to 1,821 trips per day in the segment between Cornelia and Hayes Avenue (bracketing the prqJIect area). The; segment of Polk Avenue north of McKinley Avenue has 300 to 460 trips per day. Adding 1,310 trips to either street would not cause a significant adverse impact, and distribution of this tract's 1,310 total daily trips between both major streets would have even less impact. Traffic coming to and from this subdivision will be distributed throughout the TrIetropolitan region, where it may incrementally add to cumulatively significant adverse traffic impacts. To the extent possible,the City is mitigating those cumulative traffic impacts by enhancing its mass transit programs, initiating light rail planning, and adding alternative transportation routes such as bikeways and trails. Nonetheless, there will be areas elsewhere in Fresno where traffic congestion is anticipated to cause LOS to drop below"D." When the Fresno City Council certified MEIR No. 10 130 for the 2025 Fresno General Ilan, a statement of over-riding considerations was adopted for traffic impacts, pursuant to CEQA Guidelines Section 15093. Mitigation Measures No mitigation measures are required other than those required in MEIR. No. 10 130 (see the MSIR Mitigation Checklist in Appendix A.) and the measures incorporated into this project by requirements for the City standard major street improvements and Urban Growth Management policies 1 reflected in design of and conditions imposed upon, the pro ect). Final Initial Study for EA No. T-5137, prepared for Tentative Tract Map No. 513-7/1,T NI February 14, 20W Page:W 1 11.1 Availability of Fire Protection The Fresno Fire Department reviewed the;proposed tentative tract mop and certified that it is located within three; Miles of City Fire ;station No. 16. The subdivider is required to pay IJGM fees toward irnproventent of that lire station. Purs€.ia:tt to its review of this proposed subdivision, the City's Fire Prevention Bureau, detetnzined that access (i,e., the tract's street pattern) is adequate for fire engines. The Fire prevention Bureau is requiring that residential hydrants be provided (installed.) in the subdivision, connected to the City's water supply so as to provide standard l-.ire flow, Mitigation Measures No project-specific mitigation measures are required other than those measures incorporated into this project by requirements for the City fire protection standards. See Appendix A for measures specified by 1' EI . No. 10130. 11. Overcrowding of School. Facilities The subject site is within the enrollment area of the Central Unified School Disttict, which serves northwest and west.Fresno. Central. Unified's approximate;boundaries extend from the San:Joaquin River (at its intersection with the Edythe avenue ali menti southward along Blythe Avenue to Herndon Avenue, where the District boundary moves westward to Cornelia Avenue. The boundary extends southward along Cornelia Avenue to Freeway 99, continues southeasterly aloe Freeway 99 to its intersection with Marks Avenue,then continues southward on the:'Marks Avenue alignment until Ca.l€forma Avenue. The Central Unified School District boundary then turns westward along California, jogs north to Nielsen Avenue, and continues westward to a point beyond the: edge of the; City of Fresno-'s Sphere of Influence;. Central Unified is the second lamest schoot district in the City of Fresno in geographic extent. It has 17 schools and a total enrollment of just over 11,000 students. Dike other Fresno area school districts. Central Unified is experiencing rapid growth and expansion: an increase of three schools and 1,000 students since 2000, The District's increasing enrollment("student generation"}is primarily due to new construction.within the District. Central Unified is not experiencing overcrowding, since its average teachenstudent ratio for Kindergarten through 3'grade;(".K-3") is 1.x 1.8.8 and the ratio for 4" through 12"' (,grade is 1:28.5. Central Unified. has adopted school impact fees in accordance with current state; law. These fees require that the developer of this tract will have to pay fee,, fi:.)r school facilities per Central Unified's Final ffiifial Study for EA No.T-5137, prepared for J.'eritallve Tract Nlap No, 5137'."LIGM February 14. 200 i Page 2.y adopted fee schedule(unless fees were waived by the District). In the most recent approved School Fee Study(2000), it was determined that each new single-family housing unit generated 0.362 elementary (K-6)students,0,076 middle school (-11"and 8"'grade)students.and 0.124 high school 19,x'through 12" grade} students. Prior to the passage of California Proposition 47 in November of 2002, the District commissioned some research on student generation, in case an update were needed ibr its fee study. Preliminary,unpublished data ftoni that study(data which has not yet been reviewed or accepted by the District) shows a slight increase in the above student generation figures for sing]e-J.amily housing: 0.400 K-6 students; 0.086 7"- 8" grade students; and 0.155 high school students generated per new home. Therefore, TT-5137.AJGM Would be expected to contribute some 52 elementary school students, 11 middle school students, and 20 high school students, As housing stock ages, local studies done for other districts in the Fresno-Clovis Metropolitan Area indicate that the number of students per single- family residence increases slightl-y. i 0.418 K-6 students; 0.127 Th-8"' grade students; and 0.226 high school students(these are data from the most recent Clovis Unified School district school construction fee study, which looked at student generation from single-family housing over five years old). Over time, the numbers of students ftcrrn"(7T'_.513'7J'UGM would probably increase proportionately, The nearest elementary school serving this site is McKinley Elementary School, a K-6,fiacility located on the northwest comer ofMcKinlev and BI.Nilie Avenues (just over a.mile from the project site). A new elementary school site has recently been acquired near Clinton and Polk Avenues. Groundbreaking ern this new school site is targeted tbr late summer of 2003. The district has requested that sidewalks be incorporated into the TT-5137/UGM project, to facilitate students walking to school.. This is a condition being imposed on this tract map. Even with sidewalks, it is likely that students would need to be transported by school bus, given the arterial status of and traffic on, McKinley Avenue and the lack of develop W- sidewalks along the entire,route to elementary school. The district has requested that McKinley and Polk Avenues be developed to their full arterial width to give sufficient paved shoulder width to accommodate school bus stops, since school bus routes normally do not extend into subdivision interior streets. Full cross-section street development on Polk and McKinley Avenues is also being required of the developer on the sides of the streets abutting TT-51.37/UGM. According to Central Unified's Eacilities Planning staff., McKinley Elementary has a capacity 860 students and currently has 846 students. (The 815 enrollment data for McKinley Elementary posted by the Callfbrrua Department of Education on the Education Data Partnership website, www,ed-data.02.ca.us, is two years old and out of date.) '.Phis Department of Education information website characterizes McKinley Elementary as being located at the urban fringe of a large city and as Fin,al Initial Study for EA No, T-5117, prepared forTentanve Tract Map No. 51317.111(iM Febn.;,a*, 14, 2003 having an average class size of 26.2 students and as ranked in the 5:' decile in. the; Academic Performance Index (API) ratings with a notation that it did not ineet its 21001.-2002 growth in API score] target. TT-5137x1. GM could Lenerate enough students to make McKinley Etementai-,go over-capacity, and Elementary this subdivision is not the only new housing developnient in the immediate vicinity, However,Central LTnified has several available measures to deal with this contingency. Elementary school attendance boundaries are expected to be adjusted with construction of the new school at. Clinton and Polk Avenues. (This would also change student transportation plans and might require,a longer transport for TT-5137i"LiGM students). It is also possible that modular classroorns could be added to the existing elementary school.. The property immediately south of TT-5137.1l'UGM is also dual-designated (planned) for elementary school use. This site's underlying alternative land use designation is also for single-family residential. That elementary school site is currently vacant, No rezoning err subdivision reap hens yet been submitted to the City for alternate devil- opment. The n mest middle school serving this site is El Capitan Junior High School, which is a middle or intermediate school serving 7"'and 8"'grades. It is located on Blythe Avenue just north of McKinley .Avenue, immediately adjacent to McKinley Elementary School. (The Education Data Partnership website mis-classifies this school as an elementary school.. Interestingly, this websitecharacterizes El Capitan Jr, High as being in. a large city, while the immediately adjacent elementary school was characterized is being on the urban fringe of a large city), Capacity of El Capitan Junior High is given by Central Unified School District. Facilities Planning staff as 1,000� Its current enrollment is 788 students(down from the 8213 students reported for 2000-200 1 on the Educational Data website, with a reported average class size of 26.2 -students). The Educational Data website notes that El Capitan Junior High has an API rating in the 5"decile and that it did achieve its goal of 5%improvement I n A Pf. scores. It is enrolled in the state's Immediate Intervention/'L,:ndeTerfc)rmi.ng Schools program. As noted previously, TT-51371UGM would add about 50 students and would not, in itself, cause El Capitan Junior High to)exceed its capacity. As discussed in this EA's prqicct description and in EA Section 9.0--L&ND USE,this subdivision.is being developed,on land which was dual-designated in the 20215 Fresno General Plan and West Area Community Plan for single-family residential development -or- public facility/middle school ("intermediate"or",junior high;" accommodating 7" and 8" grade students). The District has not entered an agreement to purchase the subject property,and did not have the purchase of this middle school site programmed for the tie ar future. In 1992, CU S1) passed a bond measure-which greatly assisted in the acquisition and construction of a new high school cat-npus at Dakota and Cornelia Avenues (Central East High School), Central Unified has another high school site as well (Central West). Per the District's prioritization of school Final Initial Study for EA.No.T-5137, prepared fc,.r Tentative;Traci:Matz :No. 51:3711,11 .IM February 14, 2003 Page 24 site acquisition.a 155-acre property on the northeast corner of Grantland and Ashlan avenues has been selected for development of an educational center with elementary school, middle school, and high school campuses, slang with s high h school stadium. Whether TT-5I.37 and/Or other residential development in western Fresno will expediter construction of the middle:school at Gra:ntland&Ashlan has yet to be detennined by Central Unified. The District has eminent domain authority and could still.purchaser the TT-5137/LiGM project location for middle school use;(be;ftrre,or after,development of tract and housing improvements)—subject to the District Board of Trustees making the required finding; of public necessity, and subject to a determination of flair market value. For fiscal reasons,development of this proposed tract could require that Central Unified ultimately seep another middle school site;to serve this vicinity, School planning at Fresno's urban (rin e; and in the Central Unified School District has been a somewhat fluid process,dependent upon lamed avail abilit.y,development and student generation patterns, and District policies regarding school site development. Due to the amount of Rural Residential and "estate farm" development in the; West Area, urban density housing construction is not occurring in defined sectors or phases and buildout dates for discrete;school areas cannot be predicted, The c hanging development patterns in the West Area could prompt the District to refine and amend its facilities plan., so that a different middle school location may be dete;rrriined to best serve future;creeds of this project and other development in the vicinity, Mitigation mesasures< No project-specific mitigation me=asures required,other than payment of"school construction fees when building permits are requested. Se=e Appendix A for measure=s specified by MEIN No. 10130. 11� - Availability of water mains of adequate size As noted previously in the: Water section of this EA, the City of Fresno's water supply system is comprised of dispe=rsed production,wells and water transmission mains laid out along the:City's major street grid(hence,the appellation"Transmission Grin Main,"abbreviated'rGM). These elements of City infrastructure;are supported by groundwater recharge basins(in the WestArea,owned and ope=rated by Fresno Metropolitan Flood Control District). These basins collectrunoff from precipitation, take deliveries of surface water via Fresno Irrigation District canals, and percolate this water back into the aquifer. The;City's Urban.Growth.Management Ordinance and its Water Resources Management Flan ide=ntify the need to construct new transmission lines to better transport water from one region to wi..other, to install wellhead treatment units on certain wells, and to improve the balance; between water consumption.and water recharge(see Edi. Section 3.0--WATER). Final Initial Study for EA No. *T-5 1_17, prepived for"Tentative 1'ract klap No, 5 1 37JJ;G,1V1 February 14, 2003 Pa c4e/2 The Water Division of the Public Works Department has indicated that.this developil-writ is consistent with its water deliver.y plans, and that it will not have an adverse impact on the overall City water system. A 14"diarneterTGM is already installed in West McKinley Avenueand will serve this proiect. The applicant will be required to install another 14" TGM in.Polk Avenue from the Floradora Avenue all anment to McKinley Avenue, to provide two points of service and to propoilionately complete the infrastructure network in this fringe developinent area. Mitigation Measures: No project-specific mitigation measures required,other than.stanlard City requirements forconnecting homes to the municipal water utility by individual house lines and payment of connection fees. The subdivider is required to provide fin installation of water lines in local streets, and under the City's Urban Growth Management Ordinance the subdivider is also required to provide for aproportionate sbareof installationof major City water infrastructure,in this case;ane-%v tra- ismission grid main(TGM) to be installed in Polk.Avenue and connected to the LTG existing i M-required TGMin McKinley Avenue, See Appendix A for uniform mitigation measures specified by MEIR No, 10130, 11.6 Availability of sewer line and sewage treatment capacity '1 iris proposed tract is located within the Cornelia Trunk Sewer Service Area and is required to pay .connection charges, for that tract. for laterals, for the oversized line installed to serve the area, in addition to the sewer treatment i4cilities charge. to support construction and improvement of the Fresno-Clovis Regional WastewaterTreatment and Recl=iation Facility( N TRF). Thatfacilitywas recently improved. to process 80 million gallons per day, and this project will not individually or cumulatively adversely impact its service capacity. The Regional Water Quality Control Board is requiring-that Fresno and Clovis find measures to abate groundwater "mounding" at the WINTRF's percolation field, and the two cities are negotiating solutions for that Issue. "I'lie City's Department of Public Utilities reviewed this tentative tract map and determined that a 45-inch diameter sewer main is already installed in West McKinley Avenue and North Polk Avenue. It is required pursuant to standard City regulations and the UGM ordinance that the subdivider provide for extending these facilities to adjacent properties as necessary ("stub out" lines) before surfacing streets,that each house in the tract have a separate house branch to the sewer line to be installed in the local streets,and that all facilities be constructed in accordance with City standards,specifications.and policies. ------------------ Final Initii] Study for EA No. T-5137, prepared for Tentative Tract Map No. 5137/UGM February 14, 2003 Pave 26 Nlifigation Measures: MEIR No. 10130 contains City-wide measures for maintaining adequate sewenng service (see Appendix A, page 7). No other mitigations are necessitated for this subdivision bevond those incorporated into the project per standard City requirements for connecting homes to the municipal. seweringsystern by individual house branches,sewer mains installed in local streets,and Urban Growth Management requirements to develop major sewer infrastructure in fringe areas and provide proportional funding for sewer trunks and sewage treatment capacity. 1.1.7- Availability of Storm Water Draina,"re.Facilifles (On-or Off-Site) The Fresno Metropolitan Flood Control District(FMFCD)is responsible for storm water management within the Fresno-Clovis metropolitan area. FMFCD has developed and adopted a Storm Drainage and Flood Control Master Plan. Within. the metropolitan area, precipitation -runoff produced by land development is to be controlled through a system of curb and gutter conveyance, leading to a limited number of storm drain pipelines and an expansive network of large storm drainage retention basis (which are also used to rechargegrou , -ndwater). Each property contributes its pro rata share to the cost of this public drainage system, and may be required to dedicate easements for storm drainage and to construct on-site interim storm.drainage conveyance and collection facilities when the service network in its drainage area is not yet complete. Because of hard surfacing(paved streets, driveways, sidewalks, roofs), ­17*_5l37/U1GM will produce storm runoff at a level greater than the existing vacant land use. This prqject is located in Drainage _tkrea"Cl," and FMFCD has acquired a ponding basin located on the-north side of McKinley Avenue across from this project. However, Basin CI is not yet improved. (only some minor excavation has commenced on it) and thestorm sewer network is not yet in place, FNIRID has reviewed this tentative tract map and developed the list of requirements for its storm drainage. These requirements will inClUde dedication of casements, installation of drains, and a temporary on-site ponding basin which the subdivider will lie required to construct and maintain(keep clear of weeds, trash, and mosquito breeding) until the tract can be connected to the storm drainage network; at that time, the on-site basin is required to be tilled in and cornpacted under grading permit. Prior to final map approval, FMFCD will review grading and street plans for the subdivision to assure that the storm drainage system will be flinctional within the tract and that major facilities will be adequate to service the site. If the project produces more runoff than the existing system was designed for,the developer will be required to mitigate the impact of the additional runolf. The requirement to Protect surtiace waters and the aquifer through stormwater pollution prevention is addressed in EA Section 3.0-WATER. Final Initial Study for EA No. "I'-51 37, prepared for]"entaitive Tract Map No. 5137'I.iGM February 144. 24'(03) Page 27 Mitigation Measures: No project-specific measures required"other than implementation of the City's Drainage Ordinance and I=IL�II��C`D prgjec:t requirements for TT-5137J, M. See Appendix A for measures :specified by MSIR. No, 101314). fY9 - Unusually high solid waste generation Solid waste services are provided by the. City of Fresno. Solid waste: is transported to the American Avenue Landfill,the City of Fresno's designated landfill;per contract with the Fresno County Resource Management Division, This4, 40-acre site is located southwest of'the cit;, of'Ke€man, It is permitted by the Integrated Waste; Management. Board as a "Class 111" solid waste facility, a"municipal" type landfill which does not accept hazardous or "designated" wastes. Its operating permit allows it to receive 2,200 tons per day. In its I5-year lit; the American Avenue Landfill has already accepted over 34 million.tans of solid waste. It has over 32 million cubic yards of remaining capacity. This capacity is deemed sufficient to last at least until year 2024.),although full implementation of recycling and other solid waste diversion programs could.extend Arnerican Avenue's useful life; by 30 wears. As required. by State Assembly Bill 939 (AB 939} the city has developed and implemented a draft Integrated Waste Management Plan and is taking actions to improve its solid waste diversion(recycling) rate. The City of Fresno was in compliance with Ala 939's Phase l required 25 percent diversion goal, but has not yet been able to achieve the Phase .Il mandated 541 percent diversion rate. Solid waste diversion measures will need tic) be implemented and strengthened in all area cities and in the unincorporated portion of.Fresno County in circler to maximize the useful life of'the American Avenue Landfi 11, This project.will not,in itself,have excessive waste generation or createan adverse impact on land..filI capacity. In order to fully implen-ient AB 939 measures, the City's Solid Waste Division will require that every horne have,and properly use,Tins for trash.collection,recycling,and green waste. The Solid Waste Division has reviewed the tentative tract map and finds than access will be adequate for trash trucks, given.the City's local and major street improvenient standards. Mitigation Measures None required,beyond these specified in HEIR No. 141130(see Page S of Appendix A),urban sm ices routinely provided for City solid waste and curbside recycling; and City, County, and I4MFC D requirements for proper disposal of construction waste and household hazardous waste. final Initial Swdy for EA No.T-51117, prepared for'Yentative Tract Nlap No. 5137/UGM February 14, 2003 Page 28 12.0--HAZARDS The proposed subdivision was routed to the City of Fresno Airports Depart-ment and was tbund not to be located within any of the airport land use review areas in the Fresno-(--'lovIs Metropolitan Area. As noted Previously under EA Section 6.0—I1u-NI.A:N HEALTH AND SAFE�TY, this property is not on the Cortese List of hazardous material sites and is not adjacent to known reportable quantities of hazardous materials. The households which will comprise this project will generate small quantities of matenals which may not be accepted in regular trash pi&up or dispersed of the American Aven Lie land.fil 1. Inconjunctio.ri with Fresno Courity Health and Human Semices and the Fresno County Resources Division, periodic Household Hazardous Waste collections ocew- in Fresno, allowing materials such as paint, solvents, batteries., and electronic equipment(computers, cathode ray tubes ftom TVs and computer monitors) to be collected for property processing and recycling. Permanent waste oil collection points are also located h throug ,,.out the City, to prevent used oil and antifreeze from being dumped into -yards or the storm drainage system. Mitigation Measures. No project-specific mitigation measures are necessary, See Appendix A f6r meastwes specified by MEI R No. IOIX 13.0—AESTRETICS 13.2 - Creation of Aesthetically Offensive Conditions During construction of theproposed project,temporary creation of an aesthetically offensive condition can be expected in terms of the general appearance of the site. This condition Would be limited to the localized area and would only exist temporarily. Ultimately, the property's aesthetics will be improved over current conditions by removal of existing weeds and creation of maintained landscaped strips along the major ;street frontages, in addition to Citywidedesign standards and West Area Community Plan requirements for front yard landscaping and building materials, Final Initial Study for EA No, T-5137, prepared for Tentative.1'ract flap No. 513 r'f, (:iM: February 14, 2003 page 49 Mitigation measures Citywide design standards and West Area Community Plan requirements for aesthetic building treatment and landscaping are outlined in EA appendix. C. Implementation and Verification The Cityof Fresno Planning and Development Department will implement these requirements through Final tract reap review and building permit review for homes to be constructed in this tract. "11iere,are no adjacent historical, archaeological,or paleontological sites known to the City of Fresno. To ensure that any possible sites will be protected,M E IR leo. 101130 contains standard protocols,should any cultural material be revealed during construction of this tract. }. Miduation Measures: .leo prcjectwspecific mitigation measures are necessary. See pages 10 and 1 l of EA Appendix A for measures specified by ME1ft.No. 10130 for protection of cultural resources. 15.0 - NI ERGY The proposed project would net require an excessive use of energy. 'rhe Subdivision Map Act and the City's Subdivision.Ordinance require that subdivision design provide fo energyeffic;ienccrthroughsolar access and passive solar measures to maximize winter heat gain and mi nim.ize su€nmer heat gain. These measures will be achieved through orientation. of buildings and landscaping. The; City requires all structures to conform.to California Title 1.4 energy efficiency standards,and has also modified its front yard setback to allow the projection of covered porches as an energy efficiency measure, No significant adverse ener�,y impacts elects are expected as a result of this project, although all raew construction consumes energy and adds to energy generation demands. IMEI.R.No, 10130 contains a mitigation measure for this potential cumulative impact(see Appendix A, .page 1.1). Mitigation : easures- No project-spec€fie mitigation measures are necessary beyond those.identi f ied iat M Eli:'Vo. 1031 303(see Page f 2 of EA Appendix A). Final Initial Study for EA No. T-5137, prepared for Tentative Tract Map No. 5 1 3TUGM February 14, 2003 Page 30 MANDATORYFINDINGS OF SIGNIFICANCE In sunimary of all the information presented and referenced in the preceding Initial Study. 0 This project.does not have environmental impacts which will cause substantial adverse effiects on human beings, neither directly nor indirectly, 0/ 'niis project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish/wildlife or native plant species(or cause their population to drop below self-sustaining levels),does not threaten to eliminate a native plant or animal community,and does not threaten or restrict the range of a rare or endangered plant or animal, 0 This project does not eliminate important examples of elements of Calitbrnia history or prehistory. This project does not have impacts which would be cumulatively Considerable even though individually limited. Therefore,there are no mandatory findings ofsignificance and preparation of an Environmental Impact Report is not warranted. for this project. DETERM11.NA..'JJQN On the ba'sis of this Initial Study evaluation, it is determined that the, proposed project is consistent with all applicable city plans and policies and conficirms to all applicable zoning standards and requirements. It is further determined that the proposed project will not have a significant adverse effect on the environment, This is because there are rniti-ation measures required as conditions of prcliect approval for this tentative tract map.,and these conditions have been added to the project as defined;these are conditions upon which a negative declaration Cali be recommended. A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. 0 0 > O a � 0 Q, w { c a. < , Cay ' 0 a. 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