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HomeMy WebLinkAboutT-5169 - Conditions of Approval - 8/30/2006 MOESNREPORT TO THE PLANNING COMMISSION rr� � AGENDA ITEM NO. v—B-1 COMMISSION MEETING: 1/5/05 �'�January 5,2005 Copy APPROVEDBY FROM: STAFF,Planning Division Development DepartmentDEPARTMENT DIR C OR SUBJECT: PLANNING COMMISSION NOTIFICATION OF STAFF APPROVAL OF REVISIONS TO THE TENTATIVE MAP OF VESTING TENTATIVE TRACT MAP No.5169/UGM, APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 4,2004 BY RESOLUTION No.19950 In compliance with the Fresno Municipal Code,staff is required to notify the Commission of any revision to Vesting Tentative Tract No. 5169/UGM. This report represents that notification. The Revised Tentative Map for Tract No. 5169/UGM was submitted by KB Home, Inc. (represented by Sol Development Associates, LLC and Thompson-Hysell Engineers) in accordance with the provisions of Section 12-1005.2(Revisions)of the Fresno Municipal Code. The tentative map, originally considered and approved by the Fresno City Planning Commission on February 4,2004,provides for a 99-lot single- family residential planned unit development subdivision with one outlot. Staff has received a request for minor revisions to Vesting Tentative Tract Map No.5169/UGM,reflected in the revised map submitted on November 4,2004 after consultation with staff.The submitted revised tentative map proposes to relocate the outlot to the northwestern corner of the tract and to enlarge this outlot, which will be dedicated for City water well site/pump station purposes. The easterly half of the previously-dedicated existing(but undeveloped)water well site will,in turn, be dedicated by the City for local street right-of-way in order to re-align the North Barcus Avenue entry street to this subdivision and eliminate a"dogleg"in that street. The Department of Public Utilities and the Public Works Departments support these changes. The subdivider is required to pay the application fee to amend the conditional use permit for this water well site(City Pump Station No. 179). The previous outlot had been located behind (on the south side of) the water well site. It had been proposed to be used for a school bus stop if an acceptable design could be incorporated into the street and the water well site. However, the new location and configuration of the water well site are not amenable to locating a school bus stop. The conditions of approval for the tract map direct the subdivider to work with Central Unified School District and the City Public Works Department to find a mutually agreeable,safe location for an interior school bus stop. Staff has determined that the proposed revision of this tract map is consistent with the provisions of the Fresno Municipal Code for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(b)(3) of the Municipal Code, the Revised Map of Vesting Tentative Tract No.5169/UGM,dated November 4,2004, has been approved by the Development Department Director and shall replace the previously approved map. The anniversary date of the Planning Commission approval of the original tentative map (February 4, 2004)is not affected by this approval of the revised map. Attachments: Vicinity Map Revised Vesting Tentative Tract Map No.5169/UGM,dated November 4,2004 Revised Conditions of Approval for Vesting Tentative Tract Map No.5169/UGM K:SCommonWaster Files—Tract Maps\T-5169-R 13 PC rept.doc • , I,i f M "RMAL 1 71 AE-5/ GM cny coYfly AE r W. McKINLEY AVE. UG69/�Z 1 , r t AE-5/IJGM I. R-LnJG A= w AE-5NGM l�YOYA K. Y1IYMIOYO VICINITY MAI' PL.ANN"G & DEVELOPMENT VESTING TENTATIVE TRACT MAP No.T-51691UGM N DEPARTMENT REZONE APPLICATION No.R-03-47 A.P.NS.: 312-101-44 and-43 CONDITIONAL USE PERMIT No.C-03-169 " e ZONE MAP: 2245 On the south side of West McKinley Ave., s between N.Polk and N.Cornelia Aves. NOT TO SCALE I AFIROM dVffNaWA=M3AUVLW-EL o hNil -di till IIIhI LI! i.I I 'I'l 2.i i"'I -------------- kk e. E I ti ill 6`1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL January 5,2005 VESTING TENTATIVE TRACT MAP NO. 5169/UGM South side of West McKinley Avenue, between North Polk and North Cornelia Avenues All tentative subdivision maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and Standard Specifications. The following specific conditions are applicable to this subdivision map. The Urban Growth Management (UGM)Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1),the imposition of fees,dedications,reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Preparation of Final Tract Map(s) in accordance with Revised Tentative Tract Map No.5169/UGM entitled"Exhibit A,"dated danuaFy 29,2004 November 4,2004 and in accordance with the final approved site plan exhibit("Exhibit A")and landscape plans (Exhibits L)for previously approved Conditional Use Permit No.C-03-169 as those exhibits shall be revised by the applicant and approved by the City of Fresno Planning and Development Department. The tentative map revision to relocate Outlot A, to relocate the previously-dedicated and accepted water well site for City Pump Station No.179,and to re-align North Barcus Avenue, is conditioned upon acceptance and recordation of a deed to dedicate Outlot A to the City to become part of Pump Station No. 179; upon acceptance and recordation of a deed of dedication for part of the previously dedicated water well site to become street right-of-way; and upon the subdivider's payment of the conditional use permit application fee to amend the previously-approved special permit for this water well site (refer to the attached copy of the communication sent by Lito Bucu of the City Department of Public Utilities, Water Division, dated December 3,2004). Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 2 2. This subdivision and the water well site in the northwest.comer of the tract must be annexed to the City of Fresno prior to issuance of any construction permits for subdivision homes and related improvements. ( 3/ Relinquish all access rights to West McKinley Avenues from all residential lots which abut this street, being Lots 45 through 51, and relinquish direct vehicular access to North Forestiere Avenue from the east property line of Lot 46, as shown on the Tentative Tract Map entitled Exhibit A,dated January 29,2004 (Reference: Fresno Municipal Code Section 12-10114-3). 4. Oudot"A"shall be for Public facility uses,including water well site(City pump station) ,and shall be improved as necessary for water well (City pump station) uses. 5. Submit grading plans and soils report to the City of Fresno„Planning and Development Department,for verification prior to Final Tract Map approval(Ref.: Fresno Municipal Code Sections 12-1022 and 12-1023). Approval of grading plan is required prior to Final Tract Map approval. Grading plan shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. 6. Public utilities easements,as necessary,shall be dedicated to the City of Fresno. Any required relocation of existing utilities necessitated by required street improvements will be paid for by the appropriate utility company or the developer of the project. Contact the appropriate utility company for information. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,Article 10,Chapter 12,"Subdivision of Real Property";and Resolution No. 68-187, "City Policy with Respect to Subdivisions"; Resolution No. 70-36, "Standard Specifications 1970," as amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984,"as amended. 8. The subdivider shall pay applicable fees for, but not limited to, street trees, street signs,water fees,sewer fees,and inspection fees in accordance with Resolution No. 79-606 and Resolution No. 80-420 (Master Fee Schedule), or any amendments, modifications or additions thereof and in accordance with the requirements of State law as related to tentative tract maps. ( 9� The County of Fresno will need to review and approve the grading, drainage, and �J street work 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. 10. The subdivider shall furnish to the City a subdivision guarantee of a title company listing all parties having any right, title or interest and the nature of their interest per State law. Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 3 11. Prior to final map approval,the owner of the subject property shall execute a"Right to C- 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 and that residents of this property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The'Right to Farm"covenant shall be recorded prior to,or concurrently with,the recordation of final map(s)for Tentative Tract No.5169/UGM. 12. Any proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs), and any proposed instruments for an owner's association, are to be submitted by the subdivider to the Planning and Development Department for review prior to Final Tract Map approval(Ref.:Fresno Municipal Code Section 12-1026). Said documents are to be recorded with the Final Tract Map(s); or, alternatively, recorded documents or documents for recording shall be submitted by the subdivider to the Planning and Development Department prior to final acceptance of subdivision improvements. Said documents shall be prepared according to the [Planning and] Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. LANDS APING AND WALLS 3. Provide a 20-foot landscaped easement and irrigation system, with long-term maintenance, along the rear or side property lines of all lots which back-onto or side- onto West McKinley Avenue (Ref.:West Area Community Plan Policy No.W-3-b and Section 12-1011-f-3 of the Fresno Municipal Code). When the grading plan establishes a top of slope beyond the required landscaped easement noted, and the construction of the required wall is to be established coincident with the top of said slope,then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Construct a 6-foot high solid masonry wall or fence, to meet requirements of Sections 12-105-W-2 and 12-306-19 of the Fresno Municipal Code, at the rear of the required landscaped easements noted above in the preceding Tract Map Condition (Ref.:Section 12-1011-f-3 of the Fresno Municipal Code). 15. Maintenance of the required 20-foot landscaped easements located along West McKinley Avenue may become the responsibility of the City's Community Facilities District Ne. . Contact the Public Works Department, Engineering Services Division Staff for information regarding this City District. The property owners shall petition the City for annexation to the Community Facilities District Ne.2 prior to final map approval. 16. When the developer/owner petitions for annexation into the City's Community Facilities District Ne. ,he shall be required to provide the City of Fresno, Department of Public Works,with copies of signed acknowledgments from each purchaser of a lot within the subdivision,attesting to the purchaser's understanding that the lot will have a Revised Conditions of Approval - Tentative Tract Map No.5169/UGM January 5,2005 Page 4 an annual landscaping maintenance assessment and that he is aware of the estimated amount of the assessment. 17. Should the City Council not approve the annexation of such landscaped areas Into the A1om' Community Facilities District T , then the developer/owner shall create a homeowners'association for the maintenance of the landscaped areas.The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners'association shall be submitted to the Development Department for review two (2)weeks prior to final map approval. Said documents shall be recorded with the final map(s)or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners'association for landscaping and other provisions as stated in the, Development Department Guidelines for preparation of CC&Rs,dated January 11,1985. 18: Any landscaping of Outlot A shall be maintained by arrangement with the City of Fresno Department of Public Utilities Water Division or by means of a homeowner's association; annexation into the City's Community Facilities District Pie. 2 is not available for the Outlot,pursuant to City Council policy. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Development Department and Department of Parks,Recreation,and Community Development for review prior to Final Tract Map approval. 20. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Tract Map approval. 21. 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 maintenance of the two trees provided in the front yard area of each home by the homeowner. 22. The owner shall execute a covenant agreement running with the land to insure maintenance of the on-site landscaping and required street trees along the local streets in the subdivision. BUILDING SETBACKS 23. Building setback lines shall be in accordance with the R-1'/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c, as modified and approved through review of the final corrected site plan exhibit for Conditional Use Permit No. C-03-169 or its successor special permit for this planned unit development(Ref.:Fresno Municipal Code Section 12-306-21). 1 Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 5 INFORMATION 24. Rezone Application No. R-03-47, filed to assign R-1/UGM (Single-Family Residential District/Urban Growth Management Area)zoning to this subdivision site,shall be has been approved by the City Council and shall be in effect by annexation prior to Final Tract Map approval. 25. Conditional Use Permit(CUP)Application No.C-03-169,filed to establish this tract as a 99-lot, non-clustered planned development with public streets, shall be has been approved but shall be revised and approved prior to Final Tract Map approval. Final corrected exhibits for CUP No. C-03-169 or its successor special permit(site plan, elevations, and landscape plans) must be submitted to the Planning and Development Department and approved before the Final Tract Map can be approved. 26. Pursuant to Section 66456.1 of the Subdivision Map Act,which states,"The right of the subdivider to file multiple Final Tract 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 Tract Maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Chapter 12, Article 10 of the Fresno Municipal Code(Subdivision of Real Property). 27. Apportionment of Special Assessment-If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code,the subdivider shall file a written application with the City's Director of Public Works,requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot,parcel or interest to be divided and of how such lot,parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law;and, C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of Final Tract Map(s)by the City and shall be accompanied by a fee, in an amount specified in the Master Fee Resolution, for each separate lot, parcel or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 28. School construction fees shall be paid to the Central Unified School District prior to the issuance of building permits for the subdivision, in accordance with that District's e Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 6 adopted schedule of fees. The District also requests an improved on-site school bus stop;however,the relocation of the well site/pump station and the realignment of North Barcus Avenue do not provide a safe location for this bus stop at the new well stte location. 29. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to the approval of the Solid Waste Manager. 30. Contact the United States Postal Service, Fresno Office,for the location and type of mailboxes to be installed in this subdivision. 31. The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) has adopted several Rules which pertain to construction.dwellings,streets and other built features of this tract. These Rules address potential sources of fugitive dust, particulates, nitrogen oxides and reactive organic gases. Please refer to the SJVUAPCD's letter dated December 3, 2003 (ettaeked) In order to comply with Federal and state clean air mandates,additional SJVUAPCD Rules may be enacted and may be applicable to the subsequent construction, use, and maintenance of homes and other features in this tract. 32. If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone:916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone:805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. If animal fossils are uncovered,the Museum of Paleontology at U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist,and if the paleontologist determines the material to be significant,it shall be preserved. 33. The subdivider shall obtain any and all permits required for the proper removal/ demolition and/or abandonment of any building,structure,or water well located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank,cesspool or water well. All permits shall be Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 7 obtained prior to commencement of such work, in accordance with Chapter 13 of the Fresno Municipal Code. 34. Any existing agricultural wells lying within the boundaries of the proposed development shall be sealed and abandoned in compliance with California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and in compliance with City of Fresno Department of Public Utilities Water Division /. Standards. `/ 35. A ten-foot(10') Public Utility Easement (PUE) is required to be dedicated along the frontage of all interior streets. A utility easement may also be required in the West McKinley Avenue frontage of this subdivision. Prior to preparation of the Final Tract Map, contact the design and right-of-way/land rights divisions of SBC Pacific Bell, Pacific Gas and Electric Company, and ComCast (or their respective successor companies)to verify easement requirements. 36. All existing and proposed utility systems shall be installed underground in accordance with Sections 8-801 and 12-1011 of the Fresno Municipal Code and in accordance with City Council Resolutions Nos.78-522 and 88-229. 37. New above-ground facilities for electricity, telephone, cable, and other public utilities are not allowed in the landscaped parkstrip along West McKinley Avenue and may require dedication of additional easement area outside of the street right-of-way to provide for locating and screening these facilities. PARK SERVICE 38. Comply with the requirements in the attached memorandum from the Parks Division dated January 7,2004. The subdivider shall plant the required street trees along West McKinley Avenue and local interior streets, shall install irrigation to maintain the plantings in any park strips. Street tree inspection fees must be paid at the time of building permit issuance. URBAN GROWTH MANAGEMENT PARK SERVICE REQUIREMENTS 39. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Tract Map approval. Payment of this fee may be deferred until the time of building permit issuance in accordance with the requirements of Fresno Municipal Code Section 12-4.509-C-3. Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 8 FIRE SERVICE 40. Fire service will be provided by City Fire Station No.16. rovide residential hydrants with 1,500 gallons per minute fire flow and two source of water per Fresno Fire Department and Public Works Standards, and comply with Fire Department access requirements (see Fresno Fire Department Memorandum dated December 2, 2003 regarding construction and occupancy requirements). 41. Two points of all-weather access to this subdivision shall j be maintained in a usable condition during construction and after completion of the project. URBAN GRowrH MANAGEMENT FIRE SERVICE REtiu1REMENT8 42. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of Final Tract Map approval. If appropriate, fee payment may be deferred until the time of building permit issuance in accordance with the requirements of Fresno Municipal Code Section 12-4.508-D-3. STREETS RIGHTS-OF-WAY 43. This tract is expected to generate 74 morning(a.m.)peak hour trips and 107 evening (p.m.)peak hour trips;therefore,a Traffic Impact Study has been prepared to comply with mitigation measure requirements of the 2025 Fresno General Plan Public Facilities/Transportation Element and Master Environmental Impact Report No. 10130 prepared for the General Plan. That Traffic Impact Study, and its findings and conclusions, has been approved by the City of Fresno Department of Public Works Transportation Planning Section. 44. Street construction plans are required to be prepared by the developer/owner and submitted to the City of Fresno Public Works Departmlent for review prior to, or concurrently with,submittal of final map(s)for this project. 45. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. 46. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 47. The developer/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all comers within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. H necessary, Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 9 dedicate a pedestrian easement to accommodate the 48 inches of minimum unobstructed path requirement. 48. All required signing and striping shall be done by, and paid for, by the developer/owner. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be part of the street construction plans for Tentative Tract No.5169/UGM. 49. The 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. 50. West McKinley Avenue—Dedicate an additional 25 feet for public street purposes within the limits of this tract(including any dedication necessary from the City of Fresno's water well site located interior to the northwestern corner of this tract),in order to meet the City of Fresno's Arterial Street Standards (110' to 114' of cross-section), and improve this right-of-way with 20 feet of permanent paving (including striped bicycle lane); construct standard curb, gutter, and sidewalk to the City Public Works Department Standard P-5; and construct an underground street lighting standard to Public Works Standard E-1 with arterial street spacing and design of the street lighting per Public Works Standard E-7. Also refer to UGM requirements for improvement West McKinley Avenue(see Condition No 61,below). 51. The intersections of West McKinley Avenue and local streets developed for this tract shall be limited as follows: a. The West McKinley/North Forestiere intersection shall be permit right turns into Tract 5169/UGM and right turns out of Tract 5169/UGM,only. b. The West McKinley/North Barcus intersection shall allow right and left turns into and out of the tract(with a full median island break). 52. Road improvement plans for all new and/or reconstructed roads which are adjacent to County roads or which traverse properties under the County's jurisdiction shall be reviewed and approved by the County of Fresno Department of Public Works and Planning. In addition,an encroachment permit shall be obtained from the County for any street work done within the County's rights-of-way. 53. Interior ("local") streets in this subdivision shall be dedicated and improved in accordance with Alternative Public Improvement(API)standard for 50-foot and 54-foot widths as shown on Exhibit A,dated January 29,2004. North Barcus Avenue shall be a minimum of 54 feet wide.The sidewalk on the western side of North Barcus Avenue may be omitted where it abuts the AE-5-parcel developed with a single-family home, but shall be improved with a concrete wheelchair ramp at the southwest corner of West McKinley and North Barcus Avenue. Interior streets shall be fully improved with T Revised Conditions of Approval Tentative Tract Map No.5169IUGM January 5,2005 Page 10 width permanent street pavement, standard curb,gutter,'underground street lighting, sidewalks on both sides of all streets per API street standards(excepting the above- noted portion of North Barcus Avenue),and wheelchair ramps at comers. 54. Dedication of required street rights-of-way shall require modification of the public water well site located in the northeastern comer of this subdivision(City Pump Station No. 179). The subdivider shall cover all costs associated with necessary land transactions (e.g., preparation of legal descriptions, technical drawings, and the revised or amended special permit for Pump Station No. 179,which has an approved Conditional.Use Permit No.C-94-126). The new site plan and associated street plans for City Pump Ration No.1:79 shall ineeFol-em-le---- ------b and the special permit for this planned unit develo ment shall be provided to Central Unified School District and to the City of Fresno ublic Works Department, Engineering Division for review prior to submittal to the!Planning and Development Department so that an alternate bus stop location may be located,H acceptable to both agencies. 55. The previously proposed dead-end at the comer of West Pine and North Forestiere Avenues has been eliminated per Public Works Departmebt requirements. Any dead end or stub streets proposed in final map(s)shall require 0 revised Tentative map for Tract 5169/UGM. 56. All dead-end streets created in this subdivision shall be properly barricaded in accordance with City standards within seven (7)days from the time the streets are surfaced,or as directed by the City Engineer. 57. The underground street light system shall as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any mods ication thereto approved by the City Council prior to installation and shall be approved by the City Traffic Engineer prior to Final Tract Map approval. All lights shall be dedicated to the City upon completion. Submit engineered construction plans to the Public Works Department for approval 58. All existing and proposed utility systems shall be Installed underground In accordance with Section 12-1011(h)of the Fresno Municipal Code. (The subdivider's attention Is directed to the Resolutions Nos.68-187,78-522,81-219,and 88-229.) 59. The subdivider shall furnish to the City acceptable security to guarantee the construction of off-site street improvements In accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 11 URBAN GROWTH MANAGEMENT STREET REQUIREMENTS In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and service vehicle access,the following improvements are required. 60. UGM-This tract map is located within UGM major street zone E-4 which requires the payment of appropriate UGM Major Street fees. 61. West McKinley Avenue: UGM Arterial Street Requirements a. Construct two 17-foot travel lanes and raised concrete median island within the limits of this development. Street dedication shall be sufficient to accommodate arterial standards and any other grading and/or transitions as necessary,based on a 55 mile per hour design speed. Details of said street shall be depicted on the final corrected exhibits for Conditional Use Permit No.C-03-169 and on the approved exhibit for Tentative Tract Map 5169/UGM. b. From the west boundary of this tract connecting to Polk Avenue(a distance of approximately 1,300 feet),the developer shall be required to construct the two center 17-foot travel lanes plus 12 feet of additional paving for left turn lanes for westbound traffic at Polk Avenue. All left turn lanes shall be constructed with median island curb at their noses. 62. The City of Fresno is proposing a restructure of the Urban Growth Management process for all UGM areas in the city with the update of the proposed 2025 General Plan. This process may entail a new fee structure to build-out all components of major streets in UGM areas. Should this process be approved with the new general plan or any other process,this development shall be entitled to reimbursement for any costs of construction that exceed the designated fee that may be established with this new process. SEWER SERVICE There is an existing 45-inch sanitary sewer mains in West McKinley Avenue available to serve the site. The following conditions are required to provide sanitary sewer service to the tract. 63. Separate sewer house branches shall be provided for each lot. 64. Sewer connection charges are due and shall be paid for the project. T Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 12 65. All public sanitary sewer facilities shall be constructed in accordance with City of Fresno Public Works Department standards,specifications,and policies. 66. The developer's engineer shall provide a preliminary sower layout for City Public Works Department review prior to submitting plan and profile drawings for plan check. URBAN GRowrN MANAGEMENT SEWER SERVICE REWIREMENTs 67. The tract is located in the service area of the Cornelia Trunk Sewer and Oversize Sewer Reimbursement Area 25; therefore, the developer shall pay the appropriate trunk sewer charge in effect at the time that r4soved. WATER SERVICE A 14-inch water main is existing in West McKinley Avenue to serve the proposed subdivision. 68. Two independent sources of water, meeting Federal and State Drinking Water Act standards(two separate points of connection to the public water system)are required to serve this tract, including any subsequent phases thereof. Compliance with this two-source requirement may be accomplished through any combination of water main extensions,construction of supply wells,or other acceptable sources of water supply approved by the City of Fresno Water System Manager. �. Construct(a)water supply well(s)on(a)site(s)dedicated to the City of Fresno. The well(s) shall be capable of producing a sustained minimum of 1,000 gallons per minute,sufficient to serve peak water demand for this projject. Well sites are required to be of a size, and at a location, acceptable th the Ci of Fresno Water System Manager. Construction of these well facilities shall be reimbursed from UGM Water Well Supply Well Service Area Fund 301s, In accordance with established UGM policies. Water well construction shall Include wellhead treatment facilities if they are required by prevailing water quality and required by the Water System Manager,and provided that there are sufficient funds available in the UGM Wellhead Treatment Fund for the area. Water well construction shall also Include walls and landscaping as may be required by special permit conditions for well site(s),and any modifications to those special permit conditions and exhibits. The subdivider shall provide for any modifications to property boundaries and design of the existing dedicated water well site in the northwestern comer of Vesting Tentative tract 5169/UGM, including preparation of documents referenced in Condition No.54,above. 70. Public water facilities shall be constructed in accordance with Public Works standards, specifications,and policies. 71. Separate water services shall be provided to each lot created. 72. Payment of water connection charges is required at time of building permit. Revised Conditions of Approval Tentative Tract Map No.5169/1JGM January 5,2005 Page 13 73. Install standard City fire hydrants along subdivision street frontage. URBAN GROWTH MANAGEMENT WATER SERVICE REQUIREMENTS 74. This tract is located in UGM Water Supply Fee Service Area 301-S; therefore, it is required to pay its proportionate share of UGM fees for water supply infrastructure. 75. This tract is located in UGM Wellhead Treatment Service Area 301-S; therefore, it is required to pay its proportionate share of UGM fees for water supply infrastructure. 76. This tract is located in 1994 Bond Debt Service Area No.301s;therefore,it is required to pay its proportionate share of UGM fees for water supply infrastructure. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 77. The subdivider of property located within the UGM boundaries shall comply with all sewer,water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. The City of Fresno is proposing a restructure of the Urban Growth Management process for all UGM areas in the city with the update of the proposed 2025 General Plan. This process may entail a new fee structure to build-out infrastructure components in UGM areas. Should a new fee structure be approved, this development shall be entitled to reimbursement for any costs of construction that exceed the designated fee that may be established. 78. The subdivider shall be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. FLOOD CONTROL 79. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13,Article 13 of the Fresno Municipal Code. 80. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the Fresno Metropolitan Flood Control District's Notice of Requirements dated January 28, 2004. A drainage channel easement to the southeast property line is required to handle major storm events. Submit calculations for this channel to FMFCD. Revised Conditions of Approval . Tentative Tract Map No.5169/UGM January 5,2005 ' Page 14 81. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven(7)days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Tract Map approval. Fencing shall allow access as needed by maintenance personnel and the mosquito abatement district Maintenance of the temporary ponding basin (including weed control) shall be by the developer/owner until permanent service for the entire subdivision is provided. IRRIGATION CAN 82. The Fresno Irrigation District does not own or operate any facilities within this tract and has not imposed any requirements upon this subdivision. FRESNO AREA EXPRESS 83. Fresno Area Express has not imposed any requirements along the street frontage of this tract. DEVELOPMENT FEES AND CHARGES 84. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/RATE/CHARGE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Inspection fee $30.00/tree Developer installed tree FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE I CHARGE c. Metropolitan Flood Control District Fee (subject to amendment with new fee schedule adoption) Drainage Area:CK $103,854.00 Drainaae Area:CI 5.269.00 Total Drainage Fees $109,123.00 Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 15 SEWER CONNECTION CHARGES FEE/RATE/CHARGE d. Lateral Sewer Charge $0.10/sq ft (to 100'of parcel depth) e. Oversize Charge $0.05/sq ft (to 100'of parcel depth) f. Trunk Sewer Charge $419/living unit Service Area: Cornelia g. Wastewater Facilities Charge $2,119/living unit h. House Branch Sewer Charge not applicable(n/a) i. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE/RATE/CHARGE j. Service Connection Charge Fee will be based upon service(s) and meter(s) sizes specified by owner; fee for service(s) and meter(s)established by the City's Master Fee Schedule k. Frontage Charge $6.50/1ineal foot I. Transmission Grid Main Charge $560/gross acre m. Transmission Grid Main Bond $243/gross acre Debt Service Charge n. UGM Water Supply Fee $442/living unit Service Area:301 o. Well Head Treatment fee $192/living unit Service Area:301 p. Recharge Fee $0/living unit Service Area:301 q. 1994 Bond Debt Service $60/living unit Service Area:301 Revised Conditions of Approval Tentative Tract Map No.5169/UGM January 5,2005 Page 16 DEVELOPMENT IMPACT FEE FEE/RATEI CHARGE r. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEES FEE/RATE/CHARGE s. UGM Fire Station Capital Fee $1,242/gross acre Service Area:16 URBAN GROWTH MANAGEMENT FEES FEE/RATE/CHARGE t. UGM Park Fee $1,230/gross acre Service Area:4 u. Major Street Charge $2,435/adj.acre Service Area:E-4 V. Major Street Bridge Charge $135/adj.acre Service Area:E-4 w. Traffic Signal Charge $660/adj.acre X. UGM Grade Separation Fee n/a y. Trunk Sewer Charge n/a SeAtiee Areee z. Street Acquisition/Construction Charge n/a Attachment: Communication sent by Lito Bucu of the City Department of Public Utilities, Water Division,dated December 3,2004 Sandra Brock-Tract 5169(Pump Station 179) Page 1 From: Lito Bucu To: Sandra Brock Date: 121312004 2:04:10 PM Subject: Tract 5169(Pump Station 179) Sandy, Pump Station 179 located within Tract 5169 will be reconfigured per attached exhibits,the reconfigured Well Lot will increase buildable area for the Pump Station and at the same time improve the layout of Tract 5169.To accomplish this,the Developer has agreed to do the following: 1.Revise the Tentative Map to reflect the reconfigured Well Lot. 2.Deed a portion of the parcel for Water Well Purposes per attached exhibits A and B 3.Prepare all Legal Descriptions and Documents necessary for the change. 4.Pay CUP fee for a new CUP application for Pump Station 179 The Water Division will deed a portion of the Well Lot for Public Street purposes per attached exhibits A and B. Lito Bucu WEST MCKINLEY AVENUE T POINT OF BEGINNING S 6959'29"E 61.64' .... 1 N 5010453"W-' .,----PORAON OF LN,95044942 23.47' 1 TO BE DEDICATED AS PUBLIC RICHT-OF-WAY _ 4,950 SQUARE FEET 3 LOT A' I.N.95044642 W 5f 2 1 I _4J.94' --------- N895979-W f ' WEST CARMEN AVENUE —_ _— V 2 52 159 2 o 5 TRA T NI 11 M PLA THOMPSON-HYSELL ENGINEERS ADIVISION OF THE KEITH COMPANIE IN 1016 12THSTREET, MODESTO,CA 95 5 w«r O zoo. 1« vs°«-«wsul.c«u«¢ns (209) 521-8986 FAX (0 = CITY OF FRESNO DEPT. OF PUBUC WORKS TRACT NO. 5169 maT.c«c, -'wPRO�Dama cxc. awn orvvl els. T-5169 CITY OF FRESNO WELL SITE 2004— EXHIBIT"B" a.en a y s�ccfs FRESNO COUNTY, CALIFORNIA 15—A— a..,.. As sxmw WEST MCK/NL£Y AVENUE LOT A' TO BE DEDICATED TO CJTY OF FRESNO 5,582 SQUARE FEET / i 51 T WEST CARMEN AVENUE Q R m 2 52 69 THOMPSON-HYSELL ENGINEERS A DIVISION OF THE KEITH COMPANIE IN 1016 12TH STREET,MODESTO, CA 95 54 mrrarow O zoos * - wcw¢gs (209) 521-8986 FAX (0 �11, = CITY OF FRESNO DEPT. OF PUBO WORKS aA�T #— TRACT NO. 5169 caar.wa. man¢we T-5169 CITY OF FRESNO WELL SITE oxo. sp suxT xa� 2004— EXHIBIT"B" a ar. n i srccTs FRESNO COUNTY, CAIJFORNIA slo.1 15—A— LEGAL DESCRIPTION WELL SITE TO CITY OF FRESNO All that certain real property situate, lying, and being Lot "A" as shown on the final map of "Tract No. 5169, McKinley 1" as filed in Volume — of Plats, at Page _, Fresno County Records, lying in the Northeast Quarter of the Northeast Quarter of Section 34, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. Containing 5852 square feet, more or less. LEGAL DESCRIPTION FOR RIGET-OF-WLY DEDICATION! I All that certain real property situate, lying, and being a portion of that certain parcel of land described in grant deed to the City of Fresno filed for record on April 13, 1995 as, Instrument No. 95044842, Fresno County Records, lying in the Northeast Quarter of the Northeast Quarter of Section 34, Township 113 South, Range 19 East, Mount Diablo Base and Meridian, being more particularly described as follows: BEGINNING at the northeast corner of said City of Fresno parcel; thence along the east boundary line of said parcel South 00000131" West, a distance of 110.00 feet, to the southeast corner of said parcel; thence along the south boundary line of said parcel North 89059129" West, a distance of 43.94 feet; thence leaving said south boundary line North 00011108" East, a distance of 94.94 feet; thence North 50004153" West, a distance of 23.47 feet, to a point on the north boundary line of said parcel; thence along said north boundary line South 89059129" East, a distance of 61.64 feet, to the point of beginning. Containing 4950 square feet, more or less. City of PLANNING AND DEVELOPMENT DEPARTMENT DATE: December 30,2004 TO: NICK P.YOVINO,Director Planning and Development Department THROUGH DARRELL UNRUH,Planning Manger'v?_\A FROM: SANDRA BROCK,Planner � SUBJECT: REVISED VESTING TENTATIVE MAP OF TRACT NO.5169/UGM, APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 4,2004 BY RESOLUTION NO.11950 Project 99-lot single-family residential planned unit development subdivision, Description: being amended to relocate Outlot A,to dedicate this Outlot for City water well use,to adjust property boundaries with the previously-dedicated City Water Well site(Pump Station No.179),and to re-align a local street (North Barcus Avenue) Applicant: KB Home,Inc. (successor in interest to the original subdivider) Zoning: R-1/UGM,under Rezoning Application No.R-03-47 Site Location: South side of West McKinley Avenue between North Cornelia and North Polk Avenues Parcel Size: 19.5±acres Environmental A finding of Conformity with MEIR No.10130 was issued on Assessment: Januaryl2,2004 STAFF ANALYSIS The submitted revised tentative tract map proposes to relocate Outlot A,previously a smaller piece of ground behind the dedicated(but undeveloped)water well site,to the northwestern comer of the tract. This Outlot will be dedicated and developed for water well site/City Pump Station No. 179 purposes. The easterly half of the existing water well site will be used for street right of way to re- align North Barcus Avenue to the east,eliminating the"dogleg"in that entry street alignment. The Public Utilities Department and Public Works Department support these changes, since it will provide a slightly larger well site, eliminate some interface between a pump station and residential lots,and it will provide a straighter entry street. The subdivider is required to prepare all the deeds for land transfers and to pay the application fee to revise the conditional use permit for this well site. NICK P.YOVINO Revised Vesting Tentative Map of Tract No.5169/UGM Page 2 December 30,2004 The original Outlot A was proposed to be used for an interior school pus stop,provided that It could be added to the previously configured water well site. Use of land abutting the water well site for an Interior school bus stop would not be desirable at the entry point to this subdivision,so the revised conditions of approval direct the subdivider to meet with Central Unified School District and the Public Works Department to try to find a mutually agreeable safe location for an interior bus stop. Staff has determined that the proposed revision meets the provisions of the Fresno Municipal Code for minor revisions to approved tentative maps. In accordance with Section 12-1005.2(bx3)of the Municipal Code, staff recommends that the Revised Map of Vesting Tentative Map of Tract No.5169/UGM, dated November 4, 2004, be approved by the Development Department Director and shall replace the previously approved map. The anniversary date of Planning Commission approval of the original tentative map(February 4, 2004)is S affected by this approval of the revised map. This matter is being provided for Planning Commission review at the January 5,2005 hearing. CONDITIONS OF APPROVAL 1. Revised Vesting Tentative Map of Tract No. 5169/UGM, dated November 4, 2004, is approved subject to compliance with the Planning and Development Department Revised, Conditions of Approval for this tract,dated January 5,2005(attached). STAFF RECOMMENDATION Based upon the staff analysis of this application,staff recommends the Director grant approval of the Revised Vesting Tentative Map of Tract No. 5169/UGM, dated November 4, 2004,subject to the above conditions of approval. DIRECTOR APPROVAL The Director hereby approves the Revised Map of Vesting Tentative Tract No. 5169/UGM, dated November 4,2004,subject to the above conditions of approval. Nic .Yovino,Director Pla ing and Development Department Attachments: Revised Tentative Tract Map No.5169/UGM,dated November 4,2004 Revised Tract Map Conditions for Tentative Tract Map No.5169/UGM l(ACommonV Aaster Files—Tract Maps1T-5189-R 12 Dir mam.doc eity of r^�'6!rg\" REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII—C COMMISSION MEETING: 2/4/04 February 4,2004 APPROVED BY FROM: STAFF,Planning Division9kLk 41— Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO.5169/UGM, REZONE APPLICATION No. R-03-47,and CONDITIONAL USE PERMIT APPLICATION No.C-03-169 EXECUTIVE SUMMARY Rezone Application No.R-03-47,filed by owner McKinley Ventures LLC,proposes to rezone approximately 20 acres of property on the south side of West McKinley Avenue between North Polk Avenue and North Cornelia Avenue from Fresno County's RR(Rural Residential)zone district to City R-1/UGM zoning(Single- Family Residential District/Urban Growth Management Area). The rezoning includes a City of Fresno water well site previously dedicated when a prior tract was approved on this land in the early 1990s(the previously approved R-1/UGM zoning expired with that tract map). Patriot Homes has filed Vesting Tentative Tract Map Application No.5169/UGM,requesting to subdivide approximately 19.5 acres of this property into 99 single family residential lots with one outlot,which would provide for development at a density of 5.11 dwelling units per acre. Conditional Use Permit Application(CUP) No.C-03-169 was filed to make this subdivision a planned unit development with some reduced-sized lots, all to be served by public streets. These applications are recommended for approval by staff and by the West Area Plan Advisory Committee,which reviewed this project on December 8,2003. Approval of these applications will bring the zoning and uses of the property into conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT: A 99-lot single family residential subdivision on 19.48 gross acres (19.35 net acres after major street dedication)to be developed at an overall density of 5.11 units per acre by means of a conditional use permit for a planned unit development APPLICANT: Subdivider of record: Patriot Homes Owner of property: McKinley Ventures,LLC Applicants'representative: Harbour&Associates. LOCATION: APNs 312-101-44(tract)and 312-101-43(well site) South side of West McKinley Avenue between North Polk and North Cornelis Avenues (Council DistrictX1TerQ,13o74jien) SITE SIZE: tract: 19.48 gross acres;19.35 net acres;�' CYAttiI� sk.l�n J well site:approximately 0.25 gross acres LAND USE: Existing-Vacant with uninhabited,boarded-up home Proposed-Single Family Residential,Planned Unit Development and developed well site 3 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 2 February 4,2004 PLAN DESIGNATION Medium Density Residential(4.99 to 10.37 units per acre)is the AND CONSISTENCY: land use approved in the 2025 Fresno General Plan and the West Area Community Plan. The rezoning, subdivision, and conditional use permit are consistent with this plan designation. EXISTING ZONING: County RR(Rural Residential)District PROPOSED ZONING: City R-1/UGM(Single-Family Residential District/Urban Growth Management Area) ENVIRONMENTAL FINDING: Finding of Conformance with City of Fresno General Plan Master EIR (MEIR) No. 10130 was issued/filed with City Clerk on January 12,2004 and noticed in the Fresno Bee on January 13, 2004. PLAN COMMITTEE West Area Advisory Committee recommended approval on RECOMMENDATION: December 8,2003 STAFF RECOMMENDATION: Approval of project, subject to compliance with the Conditions of Approval for Vesting Tentative Tract Map No. 5169/UGM (dated February 4,2004),the Special Permit Conditions for CUP No. C-03-169 (dated February 4, 2004), and subject to implementation of the applicable mitigation measures of MEIR 10130 BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE R-2/UGM/cz, Low-Density Multiple- NORTH Medium-High Density Family Residential Vacant Residential District/Urban Growth Management Area/ conditional zoning R-1/UGM, Single-Family SOUTH Medium-Density Residential District/ Single-Family Residential Residential Urban Growth neighborhood Management Area Medium-Densit Fresno County RR EAST y (Rural Residential Single Family rural residences Residential District) T st REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-51691UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 3 February 4,2004 BORDERING PROPERTY INFORMATION(continued) PLANNED LAND USE EXISTING ZONING EXISTING USE Public Facility/ AE-5/UGM(Exclusive Middle School Five-Acre Agricultural (Central Unified Distdct/UGM))and School District R-1/UGM, Single-f=amily rural residences and WEST indicated it is no Single-Family vacant land with approved longer interested in Residential District/ Tentative Tract Map 5137 pursuing purchase), Urban Growth with alternative Management Area Medium-Density Residential land use 1. ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment(EA)No.R-0i-47,T-5169,C-03-169 considered potential environmental impacts associated with the subject rezoning„subdivision, and conditional use permit. The study indicates that these applications,if approved,would create a project that conforms to the land use designation and policies(the Urban Form Element)of the 2025 Fresno General Plan and West Area Community Plan,and that potential environmental Impacts associated with this project would be within ' the scope of the City of Fresno's Master Environmental Impact Report (MEIR)No. 10130 prepared and certified for the General Plan and Bullard Community Plan updates.This Finding of Consistencywith MEIR No.10130,dated January 12,2004,incorporates a Mitigation Monitoring Checklist. A notice of this environmental finding was published in the Fresno Bee on January 14,2004. No appeals or comments on it were received as of January 30,2004. BACKGROUND/ANALYSIS Vesting Tentative Tract Map No.T-5169/UGM proposes a single-family residential subdivision consisting of 99 lots and one outlot on 19.48 acres(Assessor's Parcel Number 312 101-44)surrounding a previously- dedicated and previously-approved 0.25-acre City of Fresno water well pump station site(Assessor's Parcel Number 312-101-43T),all located on the south side of West McKinley Avenue between Polk and Cornelia Avenues. Rezoning Application No.R-03-47,filed and analyzed concurrently with T-5169/UGM,proposes to rezone this land(both parcels)from Fresno County's RR(Rural Residentiao zone district to City R-1/UGM (Single-Family Residential District/Urban Growth Management Area); Conditional Use Permit (CUP) Application No.C-03-169 proposes that this subdivision be a planned unit development served by public streets. Applications for this development were approved in the early 1,9169s,but had expired due to the passage of time (Vesting Tentative Tract Map 4146,Rezoning R-90-07,and CUP C-90-09). On November 12,2003,the City Council approved Resolution No.2002-079 which adopted the 2025 Fresno General Plan and the new West Area Community Plan for the project area. The General Plan and West Area Community Plan designate the subject property for medium density residential use. The rezoning application,tract map,and conditional use permit proposed by the applicants all conform to the 2025 Fresno General Plan's Planned Land Use and Zone District Consistency Matrix,which provides for a developed density of 4.99 to 10.37 dwelling units per acre(the projects density,after dedication of some land for major street right-of-way along West McKinley Avenue,will be 5.11 units per acre). REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 4 February 4,2004 Surrounding land uses are typical of the West Area's transitional nature:to the immediate west are two homes on AE-5 (Exclusive Five-Acre Agricultural DistriUUGM) -zoned parcels (located within the City); surrounding those homes and abutting the southern part of the proposed project's western boundary is vacant land with R-1/UGM zoning and an approved Tentative Tract Map(No.5137/UGM)currently going through the Final Map approval process for development. To the south and east,the subject property is surrounded by unincorporated area with rural residential homes and vacant or small agricultural property. North of the subject property (on the north side of West McKinley Avenue) there are additional unincorporated rural residential homes with a Fresno Metropolitan Flood Control District(FMFCD)ponding basin(Basin"Cl")being excavated northwest of the project site. "Embedded"in this tract map is an approved City water well site(pump station)which was dedicated when this property had a prior tract map and rezoning approved(APN 312-101-43,with City CUP No.C-94-126). In order to provide for full street width, some adjustment of property boundaries for the well site will be required. Notices of the Planning Commission hearing on this vesting tentative tract map,rezoning,and Conditional Use Permit were mailed to the school district and to all property owners having land within a 350-foot radius of the tract map's boundaries. These notices were mailed on Friday,January 23,2004, using Fresno County Assessor's records of designated property tax bill recipients to obtain the mailing list. As of Friday, January 30,no appeals were received regarding the subdivision or the rezoning. Traffic Capacity: Circulation Element Plan Policies and Major Street System The 2025 Fresno General Plan and West Area Community Plan designate West McKinley Avenue as an arterial street requiring a four-lane 110-to 114-foot right-of-way width(flared as needed at intersections)with center median. Along the northern boundary of the property,the developer of this project is required to dedicate and construct improvements along West McKinley Avenue frontage(including the frontage of the well site, with the City dedicating additional right-of-way there as needed). McKinley Avenue street improvements require permanent paving,transitional pavement as necessary(at the eastern and western edges),curb,gutter,sidewalk,and street lighting(supplied by undergrounded utilities),median island with controlled breaks,and lane striping(including bicycle lane)within the limits of tract frontage. Under City UGM policies,the developer is also required to provide forthe improvement of two 17-foot center travel lanes on West McKinley to the nearest developed intersection(in this case,to Polk Avenue). These requirements are outlined in detail in the Vesting Tentative Tract Map No.5169/UGM Conditions of Approval , dated February 4,2004(copy attached). Tract 5169/UGM parcels abutting West McKinley Avenue(lots which back onto,or side onto,West McKinley Avenue—i.e., lots 45 through 51); require a waiver(prohibition)of direct access to McKinley Avenue and "back-up"treatment: installation of a solid masonry wall and a landscape strip at least 20'deep,per West Area Community Plan policies. As required by the mitigation measures established when MEIR No. 10130 was certified, a traffic assessment has been prepared for this project by Peters Engineering Group. Their computerized model analysis used trip generation data from the Institute of Traffic Engineers(ITE) Trip Generation[Manual], Sixth Edition and the Council of Fresno County Governments(Fresno COG)Increment Method guidance document. The analysis(dated November 4,2003)predicts the number of daily and peak hour vehicle trips REPORT TO THE PLANNING COMMISSION Vesting Tentative Trail Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 5 February 4,2004 to be generated by buildout of the proposed project and surrounding land uses,the routes which these trips are predicted to travel on the major street system,and the potential impacts of these trips on the Levels of Service(LOS)of streets and intersections. Development of 99 single-family homes can be expected to generate approximately 1,027 average vehicle trips per weekday(ADT),with approximately 79 trips generated during th'e average 7:00-9:00 a.m.peak hour and 106 during the average 4:00 to 6:00 p.m.peak hour.The Peters En ineering Group traffic study reveals that the majority of peak hour trips from this project would utilize McKinley Avenue. West McKinley Avenue has an ultimate capacity of 31,700 to 47,900 ADTs in its fully-developed divided configuration. For portions where only the center section(center two travel lanes)are developed'`the estimated capacity is at least 10,000vehicle trips per day. Fresno COG's 2003 Traffic Monitoring Report contains data from the prevkws five-year cycle of traffic counting on all major streets in Fresno City and County. The Monitoring Report shows that,at the Cornelia Avenue intersection,West McKinley Avenue rad 1,821 easthound daily trips and 1,624 westbound daily trips(1998 data). Therefore,West McKinley Avenue is not near its traffic capacity even on segments that are only developed with two travel lanes. The City of Fresno requires that traffic studies for development projects estimate impacts on the nearest freeway interchanges. The McKinley Avenue/Freeway 99 interchange,which is over 2.5 miles from the project location,is a partial interchange,with only an onramp for southbound 99 west of the highway and an off-ramp from northbound 99 east of the highway. The traffic impact study estimates that there would be an average of twelve(12) trips related to this project which would enter or leave Highway 99 at the McKinley interchange during the a.m.peak hour;another fifteen(15),morning peak hour trips from this project are expected to travel on McKinley Avenue through the interchange(without being on the highway). During the p.m.peak hour,an average of fourteen(14)trips relating to this project would enter or leave Highway 99 at the McKinley Avenue interchange,and thirteen(13)trips would stay on McKinley Avenue, passing through the interchange portion of that arterial street. The addition of these trips to this interchange and to Highway 99 is not considered to be significant. Full development of the McKinley Avenue interchange is not considered by the City,COG,nor the California Department of Transportation("Cal-Trans")to be a high priority for area transportation planning,and there is no current Freeway Agreement between the City and County to construct additional on-and off-ramps nor to signalize the southbound McKinley onramp. The Public Works Department Transportation Planning Section has reviewed this traffic study and concurs with the Peters Engineering Group's findings. The Public Works Department staff has concluded that that this project does not have significant adverse impacts upon the City's transportation system,and that its non- significant impacts are mitigable through the City's standard UGM process and project requirements for developments which abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan,the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the General Plan,and will be required to provide for the installation of traffic control measures(such as signals and stoplights)installed per UGM policies and ongoing traffic studies(which involve the cooperation of Fresno County for intersections having one or more unincorporated comers). The Cal-Trans District 6 Office of Intergovernmental Relations has asserted that,although this project in itself is not expected to have significant impacts to the state highway system,its potential cumulative impacts would include significant worsening of traffic operations and adding delay and congestion(see attached REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 6 February 4,2004 letter,dated December 5,2003). Cal-Trans claims that these cumulative impacts were not addressed in the MEIR prepared for the 2025 Fresno General Plan,and that a"standard highway solutions"and specific mitigation measures should be instituted for this residential subdivision. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed to great detail in MEIR No.10130. Appendix 2 of the MEIR shows that McKinley Avenue between this project and Freeway 99 is expected to maintain a Level of Service C with full implementation of MEIR mitigation measures. In the absence demonstrated significant adverse impacts from this project,there is no nexus to impose extraordinary mitigation measures such as requiring the developer to construct a park &ride facility on,or in the vicinity of,this project;nor to require that the developer purchase monthly bus passes for all residents of this project. The project is providing for an on-site school bus stop to facilitate student transportation while maintaining smooth traffic flow on West McKinley,and the project is required to provide its proportionate share of bike lane pavement width and striping in major street frontage. Extension of the city's mass transit(bus)system to this area,and bus stop improvements,will be based on comprehensive planning that is ongoing by Fresno Area Express. City and Cal-Trans representatives have also met separately to review citywide impacts on State highway facilities, the legal requirements for determining significant impacts under the California Environmental Quality Act(CEQA),for determining when a nexus exists between a project and highway impacts(i.e.,the demonstration of a direct relationship between a project and a potential impact),and approaches for meeting the "proportionality test" for requiring mitigation (i.e., for ensuring that new development projects are assessed a fair share of the cost of mitigating impacts, as has been required by U.S. Supreme Court decisions on land use and as is required under the California Government Code§§66000 et seq., the California Mitigation Fee Act enacted through Assembly Bill 1600). Along with other cities and Fresno County,the City of Fresno has partnered with Fresno COG and Cal-Trans on a regional study of State highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis-Madera Metropolitan Area. This study focuses on facilities projected to be most impacted by projected increases in traffic,identification of the sources and patterns of vehicle traffic within the greater metropolitan area, and the improvements which would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area,upon adoption by the respective jurisdictions. Local Streets and Access Points Local interior streets in the tract will be public streets and will have a capacity for up to 1,000 average daily vehicle trips. None of the local streets are expected to carry traffic volumes which would exceed this capacity. Tract 5169/UGM proposes two access points to West McKinley Avenue,The Public Works Department Transportation Planning Section has reviewed this project and set requirements for these access points. North Barcus Avenue(the westerly access point to McKinley)is to have a full median break to allow for left turns in and out. In order to allow for standard 54-foot width of North Barcus Avenue(flared as needed at the intersection), some land is required to be obtained from the west edge of the City water well site (APN 312-101-43),and in order to provide sufficient well site size to allow for all facilities,some land may REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 7 February 4,2004 need to be added to the east edge of the well site. The local street providing the easterly access point(N. . Forestiere Avenue)is to have a partial median break and signage restricting turns.to right turns In and out The subdivider originally proposed a stub street with barricade at the southeastern portion of the site. However,the property abutting the east side of the tract is developed with a series of rural residential homes and there is no known timeframe for aggregation and/or re-subdivision of these parcels for the ultimate . planned urban density residential use. The Public Works Department did not approve the stub street and it has been removed from T-5169/UGM exhibits(see tract map dated January 29,2004). In order to provide for major storm event relief(drainage)from the rural residential land on the east,a drainage easement and swale or other structure will need to extend through one of the parcels at the southeast corner of the subdivision. Landscaping/Walls: The developer will be required to install and maintain a masonry soundwall along West McKinley Avenue, behind a 20'deep landscape strip. This landscape strip is eligible for annexation into Community Facilities District 2 for landscape maintenance. Street trees are required to be installed along West McKinley Avenue (and may be incorporated into the landscape strip),and along all local streets on the interior of the tract Front yard landscaping is required per 2025 Fresno General Plan design standards. Per conditiorts of approval for CUP No.C-03-169,landscape and irrigation plans are required to be approved prior to approval of the final tract map. Water Resources and Public Water Supply The Department of Public Utilities has estimated that the peak domestic water demand for this project Will be 210 gallons per minute(gpm),and that 1,500 gpm flows are required to be available for fire hydrants that the developer is required to install in the project. The applicant is required to implement 2025 Fresno General Plan public facilities and resource conservation policies,as well as MEIR No.10130 mitigation measures,to provide for a safe,sustainable,and reliable water supply for this project. These measures include providing for construction of water supply and conveyance infrastructure: UGM fees to reimburse the installation of the 14-inch water transmission grid main installed in West McKinley Avenue;completion of the previously-dedicated water well site;water mains throughout the tract connected to the grid main system at two points;and separate water services with meter boxes for each lot. In the northwest comer of this proposed tract, the previous subdivider(for expired Tentative Tract Map No.4146)had already dedicated land for a City water well site(pump station). The Department of Public Utilities obtained approval of CUP No. C-94126 for development of this well site, and has drilled a monitoring well on the property. Construction of the production well and installation of the pressure tank and water treatment facilities is a requirement for Tract 5169/UGM. This site will have to provide for granular activated charcoal(GAC) wellhead treatment to remove dibromocholoropropane(DBCP),which is a known groundwater contaminant in the area. The Department of Public Utilities'has noted that adequate funds are available in this UGM water well area account. The applicant for Vesting Tentative Tract Map 5169/UGM will be required to bear a proportionate share of cost for well development under the UGM program. 1 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 8 February 4,2004 Because the well site will need to dedicate some land for McKinley Avenue right-of-way, and because property line between the tract map and the well site requires adjustment to accommodate North Barcus Avenue as a full-width local street,a revised exhibit will need to be processed for CUP No.C-94-126. The on-site school bus stop is proposed to be integrated with the local street frontage of the well site(utilizing Outlot A of the tract),and Central Unified School District will have input to this aspect of revising the site plan exhibit for the well site. Sewage Collection and Treatment This 99-lot subdivision will generate an estimated 34,000 gallons per day(gpd)of wastewater,which will flow into the Cornelia Trunk Sewer to be treated at the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. The Department of Public Utilities has found that, with standard requirements for infrastructure improvements (including UGM provisions and mitigation measures required by MEIR No. 10130),there is adequate sewer collection and treatment capacity for this project. Several major wastewater facility improvements have been implemented by the Department of Public Utilities in order to accommodate population growth,employment,and related development in the Fresno-Clovis Metropolitan Area. The Regional Wastewater Treatment and Reclamation Facility has been upgraded to enable processing of 80 million gallons per day(mgd),sufficient to accommodate the volume of wastewater to be generated by this proposed project and other planned urban development in the area. Improvements at the Wastewater Treatment and Reclamation Facility are ongoing;other projects to be implemented include facilities to enhance the wastewater treatment process to produce better quality effluent,and sludge recyling facilities. The Grantland Trunk Sewer is nearing completion,which will serve portions of the West Area to the west of the subject property. Completion of the Grantland Trunk Sewer will provide relief for the Cornelia Trunk Sewer,in that several projects which had"borrowed"Cornelia Trunk Sewer capacity will be able to start using the Grantland Trunk. The proposed project will connect to the Cornelia Trunk Sewer by means of a 45-inch sanitary sewer main located in West McKinley Avenue. A proportionate share of cost for major sewer collection facilities in the project vicinity is to be assessed for this project under the UGM program,and sewer connection fees are required for each lot to provide for regional collection and treatment infrastructure. The subdivider is required to design and install sewer lines to City standard for the local streets of the project,and each lot is required to have a separate sewer connection to the public system. Drainage and Flood Control Fresno Metropolitan Flood Control District(FMFCD)is a special district chartered by State legislation for the purpose of providing for flood control and drainage facilities in the central portion of Fresno County(in the Fresno-Clovis Metropolitan Area and eastward). Through FMFCD's contractual agreement with the City of Fresno, all development projects are required to comply with FMFCD project conditions. FMFCD assesses fees on residential subdivisions to pay for drainage basin and storm drain facilities. FMFCD also reviews tract grading plans to ensure that lots drain to the street,where the curb and gutter act as the first part of the stormwater collection and conveyance system. This project is located partially in FMFCD Drainage Area CK and partially within FMFCD Drainage Area CI. Aggregating the FMFCD fees assessed for all parts of the tract,the subdivider is required to pay$109,123 for drainage facilities. On-site storm drainage facilities are required to be constructed by the subdivider. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-51691UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 9 February 4,2004 Because the master storm drain facilities to serve this tract are not CL nently in place(and may not be in place at the time of final tract map approval),FMFCD is recommendi ig that temporary on-site drainage facilities be provided(typically,this is one or more tract lots excavated and fenced with an on-site ponding basin).When full drainage infrastructure is constructed,the lot used fort emporary drainage facilities is filled compacted,and buildable. The originally proposed stub street at the southeastern portion of the;site would have provided for major storm event relief (drainage) from the rural residential land on the!east; however, the Public Works Department policies do not support stub streets without any future plans for a connecting street at the property line. Therefore,in lieu of using a stub street as a drainage course,FMFCD will require a drainage easement and Swale or other structure through one of the parcels at the southeast comer of the subdivision, to allow runoff from a major storm to pass from adjacent property onto the tract's developed street drainage system. Subdivision Lot Sizes and Dimensions: T-5169/UGM is consistent with the proposed R-1/UGM zoning and with 2025 Fresno General Plan goals for efficient land use,compact development and aesthetics. As a Planned Unit Development,not all of the lots in this subdivision are required to equal or exceed the 6,000 square foot minimum lot size requirement of the R-1 zone District. Per the West Area Community Plan,up to 25%of the tract's lots may be smaller than 6,000 square feet. The proposed outlot adjacent to the well site is being devoted to a school bus stop,possibly involving some of the landscape setback area required of the well site(the CUP of the well site will need to be amended prior to well construction). TENTATIVE TRACT MAP No.T-5169/UGM Tentative Tract Map Findings The Subdivision Map Act(California Government Code Section 66400at.seq.)requires that a proposed 1 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 Comrhunity Plan because the land use element diagrams of these plans designate the site fort Medium Density Residential land uses and the density of this project falls within the cdnsistent range. The project design meets the applicable General and Community plan policies and zoning ordinance criteria for development. 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. r REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 10 February 4,2004 3. The proposed subdivision design and improvements are not likelyto 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. 5. The proposed subdivision design will not conflict with public easements within or through the site,because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and recommended conditions of project approval,staff has determined that these findings can be made. Subdivision Conditions of Approval 1. Development shall take place in accordance with Vesting Tentative Tract Map No.5169/UGM exhibit dated January 29,2004(corrected from the original December 1, 2003 version to reflect street name changes,deletion of the dead-end stub street in the southeast corner of the tract,and adjustment of the water well site boundaries to permit a full-width entrance street at the northwestern corner of the project). 2. Development shall take place in accordance with the proposed Conditions of Approval for Vesting Tentative Tract No.5169/UGM,dated February 4,2004 and with final corrected CUP Exhibits as required by Conditional Use Permit No.C-03-169. 3. Development shall take place in accordance with the Master Environmental Impact Report (MEIR)mitigation measures identified in the Finding of Consistency with the 2025 Fresno General Plan MEIR pursuant to Environmental Assessment No. R-03-47, T-5169, C-03-169,dated January 12,2004. Planning Commission action on Vesting Tentative Tract Map No.5169/UGM and Tract Map Conditions shall be final unless the Commission's decision appealed to the City Council. it t 0 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 11 February 4,2004 REZONING APPLICATION No.R-03-47 Finding of Plan Consistency for Rezoning The proposed rezoning of 19.48 acres of subdivision property,plus 0.25*acres of water well site, from County RR to City R-1/UGM is consistent with,and implements,the adopted West Area Community Plan,the 2025 Fresno General Plan,and Fresno County's 2000 General Plan. The Commission's recommendation on this rezoning application will be forwarded to the City Council for final action. CONDITIONAL USE PERMIT APPLICATION No.C-03-169 Conditional Use Permit(CUP)Findings Fresno Municipal Code Section 12-405-A.2 requires that a proposed conditional use permit be approved only when specific findings can be made. Based upon analysis of the conditional use permit application and subject to the conditions of approval below, staff concludes that the Commission may make the findings of Section 12-405-A-2 of the Fresno Municipal Code(listed below)and may approve the application for CUP No.C-03-169 to!allow this subdivision to be a planned unit development served by a private street,subject to the proposed Special Permit Conditions dated February 4,2004: 1. From the responses of responding agencies and staff reviews,all applicable provisions of the Code are complied with. The propertyftusing this use is adequate in size and shape to accommodate said use and other required features,under the proposed Special Permit Conditions dated February 4,2004. 2. Based on a review of the proposed project and the adopted Circulation Element of the General Plan by the Public Works Department's Transportation Planning Section,the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.The site abuts West McKinley Avenue,an arterial street whose traffic volume currently does not approach the designated capacity for this level of street and whose projected traffic volume from the addition of this project will not exceed capacity within the development timeframe;and, 3. Based on a review of the existing zoning,surrounding land uses and adopted plans,the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or Injurious to property or Improvements in the area in which the property is located because the design and construction materials for the homes are compatible with neighborhood standards; and the on-sile landscaping along West McKinley Avenue Salinas Avenue and on the project's residential parcels will improve area aesthetics. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Conditional Use Permit No.C-03-169 Page 12 February 4,2004 CUP Conditions of Approval 1. Development shall take place in accordance with final corrected CUP Exhibits A and 131 through B12(dated December 1,2003) as required to be corrected through submittal of final exhibits pursuant to tentative tract map review and CUP Special Permit conditions,and in accordance with detailed landscaping plans to be submitted to,and approved by,the Planning and Development Department and Parks Division. 2. Development shall take place in accordance with the proposed Special Permit Conditions for Conditional Use Permit No.C-03-169,dated February 4,2004. Planning Commission action on Conditional Use Permit Application No.C-03-169 and its Special Permit Conditions shall be final unless the Commission's decision is appealed to the City Council. RECOMMENDATIONS Based upon information in the record,and consistent with provisions of the Subdivision Map Act and the Fresno Municipal Code,staff recommends that the Commission make the required findings and enact the following: 1. APPROVE the Finding of Consistencywith General Plan Master Environmental Impact Report(MEIR) No.10130 and the Mitigation Measure Checklist prepared for this project pursuant to Environmental Assessment No.R-03-47,T-5169,C-03-169. 2. APPROVE Vesting Tentative Tract Map No.5169/UGM,subject to compliance with the Tract Map Conditions of Approval dated February 4,2004 3. RECOMMEND that the Fresno City Council approve the Finding of Consistency with General Plan Master Environmental Impact Report(MEIR)No.10130 andthe Mitigation Measure Checklist prepared for Environmental Assessment No.R-03-47,T-5169,C-03-169; and approve Rezoning Application No.R-03-47 to rezone the subject property from R-A/UGM to R-1/UGM. 4. APPROVE the granting of Conditional Use Permit Application No.C-03-169,subjectto approval of final corrected Exhibits A and B1 through B12(dated December 1,2003,as they shall be amended per Tract Map and Special Permit conditions)and subject to approval of the Special Permit Conditions dated February 4, 2004 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5169/UGM,Rezoning No.R-03-47,Cohdkional Use Permit No.C-03-169 Page 13 February 4,2004 Attachments: Vicinity Map Vesting Tentative Tract Map No.5169NGM exhibit dated January 29,2004 CUP C-03-169 Exhibits A and B1 through B12,dated(December 1,2003. Conditions of Approval for Vesting Tentative Tract Map No.5169AJGM Special Permit Conditions.for CUP NO.C-03-169 Letter from CalTrans District 6,dated December 5,2003 Revised letter from Central Unified School District,dated January 28,2004 Letter from the San Joaquin Unified Air Pollution Control District,dated December 3,2003 Memorandum from the Department of Public Work ,dated January 16,2004 Memorandum from the Department of Public Willies,dated December 17,2003 Parks,Recreation and Community Services revised memorandum,dated January 7,2004 Fresno Fire Department Fire Hydrant and Access Requirements,dated December 2,2003 Fresno Metropolitan Flood Control District Notice of Requirements,dated January 28,2004 and additional information received January 22,2004 Finding of Consistency with the 2025 Fresno General Plan MEIR No.10130 prepared pursuant to Environmental Assessment No.R-03-03,T-5169,C-03-9,0 and MEIR Mitigation Monitoring Checklist JASBPR0AV M•5169,R-03-47,C-03.16913 PC Report edked.wpd K\PCRPT8\VTM-6169,R-03.47,CD3.1eg 13 PC Report edRW.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11948 In the matter of Rezone Application No.R-03-047,the Planning Commission of the City of Fresno, at its regular meeting on February 4,2004,adopted the following resolution pursuant to the Municipal Code of the City of Fresno: WHEREAS,the Planning Commission of the City of Fresno did conduct a noticed public hearing in the Council Chamber of the Fresno City Hall,Fresno,California,on February 4,2004.pursuant to a proceeding instituted under Rezone Application No.R-03-047 Requested: Rezoning to accommodate a 99-lot single family planned unit development subdivision as proposed in Vesting Tentative Tract Map No. 5169/UGM and Conditional Use Permit Application No. C-03-169, including rezoning of the associated City water well site to accommodate adjustment of boundaries between the two parcels Property Located: South side of West McKinley Avenue,west of North Cornelia Avenue Property Description: Unincorporated: The Northeast quarter of Section 34, Township 13 South,Range 39 East,Mount Diablo Base and Meridian according to the Official Plat thereof. EXCEPTING THEREFROM the Easterly 648.5 feet. ALSO EXCEPTING THEREFROM the North 30.00 feet thereof. ALSO EXCEPTING THEREFROM that portion of the Grant Deed to the City of Fresno,a Municipal Corporation,recorded April 13,1995,as Document No.95044842,Official Records. And That portion of the Northeast quarter of the Northeast quarter of Section 34,Township 13 South, Range 19 East, Mount Diablo Base and Meridian,in the County of Fresno,State of California,more particularly described as follows: BEGINNING at the Northeast comer of Parcel 2 of Parcel Map No.5585,according to the map thereof recorded in Book 35 of Parcel Maps at Page 34,Fresno County Records;thence south 89°59'29"East,parallel with and 30.00 feet South of the North line of the Northeast quarter of the Northeast quarter of said Section 34, a distance of 57.54 feet; thence south PLANNING COMMISSION RESOLUTION No.11948 Rezone Application No.R-03-047 February 5,2004 Page 2 00'00'31"West a distance of 25.00 feet to the TRUE POINT OF BEGINNING;THENCE South 89°59'29"East,parallel with and 55.00 feet South of the North line of the Northeast quarter of the Northeast quarter of said Section 34,a distance of 85.41 feet; thence south 00'00'31" West, a distance of 110 feet;thence North 89'59129"West,a distance of 87.90 feet;thence North 44°55'39"West,a distance of 17.44 feet; thence North 00'08'12"East,a distance of 83.06 feet;thence North 45'04'22"East,a distance of 20.66 feet to the TRUE POINT OF BEGINNING. Existing Zoning: Fresno County RR,Rural Residential zone district Requested Zoning: R-1/UGM,Single-Family Residential District/Urban Growth Management Area WHEREAS,said Commission,as a result of its inspections,investigations,and studies made by itself and in its behalf,has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code; NOW,THEREFORE,BE IT RESOLVED that the Commission hereby reaffirms the Planning and Development Department's determination to issue a Finding of Conformity with City ofFresno Master Environmental Impact Report No.10130 for the 2025 Fresno General Plan pursuant to Environmental Assessment No.T-5169,R-03-047,C-03-169,and recommends to the Fresno City Council that Rezone Application No.R-03-047 be approved. The foregoing Resolution was adopted by the Planning Commission ofthe City ofFresno upon motion by Commissioner Brand,seconded by Commissioner White. VOTING: Ayes- Brand,White,Harrington,Kissler,Vang,DiBuduo Noes- None Not Voting- None Absent- Brown PLANNING CONI MISSION RESOLUTION No.11948 Rezone Application No.R-03-047 February 5,2004 Page 3 DATED: February 5,2004 NIC P.YOVINO,Secretary Fr4c,City Planning Commission Resolution No.11948 Rezone Application No.R-0347 APNs 312-101-44 and 312-101-43T Filed by: McKinley Ventures LLC Action:Recommend that the City Council approve the proposed rezoning 1:1SBPROJ\VTM11-5169,R-03-047,C-03-169 14-R PC R--pd Recording Requested by: City Clerk,Fresno,California No Fee-Govt.Code 6103 Return to City Clerk,Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE,CHAPTER 12,OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS,Rezone Application No.R-03-047 was filed with the City of Fresno by West McKinley Ventures LLC to rezone 19.75 acres of land located on the south side of West McKinley Avenue west of North Cornelia Avenue, as described hereinbelow;and, WHEREAS,the purpose of Rezoning Application No.R-03-047 is to rezone the subject site consistent with adopted plans and policies of the 2025 Fresno General Plan and the West Area Community Plan;and, Ordinance No. Adopted by the Council of the City of Fresno on 2004 City of Fresno Rezoning No.R-03-047 Page 2 WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a noticed public hearing on the 4th day of February,2004;and, WHEREAS, the Fresno City Planning Commission recommended that the Council of the City of Fresno adopt the finding of conformity with City of Fresno Master Environmental Impact Report No. 10130 prepared for the 2025 Fresno General Plan prepared for this project;and, WHEREAS, the Fresno City Planning Commission recommended that the Council of the City of Fresno approve an amendment to the zoning ordinance which changes the real property described hereinbelow from one zone district to another;and, WHEREAS,the Council of the City of Fresno,on the 9th day of March,2004, received the recommendation of the Planning Commission and concurs therein. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interests of the City of Fresno. The Council finds,in accordance with council members,own independent judgment,that Environmental Assessment No.T-5169,R-03-047,C-03-169 shows that Ordinance No. Adopted by the Council of the City of Fresno on ,2004 City of Fresno Rezoning No.R-03-047 Page 3 there is no substantial evidence in the record that the rezoning of the subject property may have any significant adverse impacts upon the environment. The environmental assessment prepared for this project is hereby approved, and its finding of conformity with City of Fresno Master Environmental Impact Report No. 10130 is the appropriate action to take and is hereby approved. SECTION 2.The Council of the City of Fresno finds that the proposed R-1/UGM, Single-Family Residential District/Urban Growth Management Area zone district is consistent with the land use designation of the 2025 Fresno General Plan and the West Area Community Plan and implements these plans because, subject to Section 12-403-B of the Fresno Municipal Code, this zoning is consistent with the Medium-Density Residential land use designation shown for the subject site in the Urban Form land use diagram of the 2025 Fresno General Plan and the West Area Community Plan. SECTION 3. The zone district of the real property described hereinbelow, located in the City of Fresno, and shown on the Official Zone Map of the City of Fresno,is reclassified as follows: From Fresno County(R-R,Rural Residential)to R-1/UGM(Single-Family Residential District/Urban Growth Management Area): UNINCORPORATED:THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP 13 SOUTH, RANGE 39 EAST,MOUNT DIABLO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. Ordinance No. Adopted by the Council of the City of Fresno on 2004 City of Fresno Rezoning No.R-03-047 Page 4 EXCEPTING THEREFROM THE EASTERLY 648.5 FEET. ALSO EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION OFTHE GRANT DEED TO THE CITY OF FRESNO,A MUNICIPAL CORPORATION,RECORDED APRIL 13,1995,AS DOCUMENT NO.95044842,OFFICIAL RECORDS. And THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN,IN THE COUNTY OF FRESNO,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO.5585, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 35 OF PARCEL MAPS AT PAGE 34,FRESNO COUNTY RECORDS;THENCE SOUTH 89o59129"EAST,PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34,A DISTANCE OF 57.54 FEET;THENCE SOUTH 00°00'31"WEST A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'29"EAST,PARALLEL WITH AND 55.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34,A DISTANCE OF 85.41 FEET;THENCE SOUTH 00°00'31"WEST,A DISTANCE OF 110 FEET;THENCE NORTH 89°59'29"WEST,A DISTANCE OF 87.90 FEET;THENCE NORTH 44'5513911 WEST,A DISTANCE OF 17.44 FEET;THENCE NORTH 00'08'1211 EAST, A DISTANCE OF 83.06 FEET;THENCE NORTH 45°04122"EAST,A DISTANCE OF 20.66 FEET TO THE TRUE POINT OF BEGINNING. SECTION 4. This ordinance shall become effective and in full force and effect at 12:00 a.m.on the thirty-first day after its passage and upon recordation of a final tract map or maps of Vesting Tentative Tract Map No.5169/UGM for any portion of the property encompassed by said tentative tract map for which a final tract map is recorded. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I,REBECCA E.KLISCH,City Clerk of the City of Fresno,certify that the foregoing ordinance was adopted by the Council of the City of Fresno,California,at a regular meeting held on the day of 2004,by the following vote: Ayes: Noes: Absent: Abstained: REBECCA E.KLISCH City Clerk By Deputy APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By Rezone Application No.R-03-047 Filed by West McKinley Ventures LLC. Assessor's Parcel Nos.312-101-44 and 312-101-43 1:\SBPROJ\VTM-5169,R-03-047,C-03-169 17-Zane Ord Bill,wpd ' r w. -NORMILL A f AE-5/ GM cny c—nW AE ' r W. McKINLEY AVE. L + dtz -F I- AE-5/MM R-WCMhz AE-5NGM w. LAMMA WE I w. �uMMONo VICINITY MAP PLS--N'UVG & DEXIELOPAZENT VESTING TENTATIVE TRACT MAP No.T-5169/UGM N DEPARTMENT REZONE APPLICATION No.R-03-47 A.P.Ns.: 312-101-44 and-43 w e CONDITIONAL USE PERMIT No.C-03-169 ZONE MAP: 2245 On the south side of West McKinley Ave., s between N.Polk and N.Cornelia Ayes. NOT 70 SCALE ( %§ � � §� r - \ . | §|\Kd M§ § I ) !\ §■ ham \ Rb%b %/ U � . � . . . . . n . . w . 2 ; q & - Q ■ �/ | - ! | ;. /� • ' :; . • . � & �. 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G❑G❑ �t ❑G❑I E ❑ G o; .� u Ih I O� R;stili s��E � ii I R 91 4 g f� 41o14lg � B I �1R�144!['lR6IIlRla !!4!yla�eiR4II=pg4ERg � ' g III111!U gg.4t IE$$gfg1FF': ® I zii—Iil=�� �I�k�RldE![ag R!Ri+d,9;1i 2-11 _ a �1d1aB- EltJfl111 a a : O r'd i — o DEI ��I°$!f!lllpf�f�ifjf !liiijl�liif�fl�eisEfj ! 9l tll! f ! `1 ! �= � lQfiff�Lili i! �•���� ® I °z i—I,Iva"` 1l1'�.'itF:i`!I i!1i,6lei iFO = M t FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11950 In the matter of Vesting Tentative Tract Map Application No.T-5169/UGM,filed by McKinley Ventures LLC and Patriot Homes,the Fresno City Planning Commission,at its regular meeting on February 4,2004,adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno: WHEREAS, Vesting Tentative Map of Tract No.5169/UGM was filed with the City of Fresno and proposes a 99-lot single family residential subdivision with one outlot on approximately 19.5 acres of land(involving portions of a City of Fresno water well site),located on the south side of West McKinley Avenue,west of North Cornelia Avenue;and, WHEREAS, the Planning Commission conducted a public hearing to review the proposed subdivision;and WHEREAS,the Development Department staff recommended approval of the proposed project subject to all conditions of approval and mitigation measures contained in the staff report dated February 4,2004;and, WHEREAS,the Planning Commission considered the staffreport and invited testimony with respect to the proposed subdivision;and, WHEREAS,no one spoke in opposition to the project; NOW,THEREFORE,BE IT RESOLVED that the Planning Commission considered the proposed Initial Study and Mitigated Negative Declaration prepared for Environmental Assessment No.T-5169,R-03-47,C-03-169,issued on January 12, 2004;that the Commission finds that there is no substantial evidence in the record that the proposed tract map and its concomitant rezoning and conditional use permit may have a significant adverse effect on the environment; and that the Commission hereby approves the Finding of Conformity with Master Environmental Impact Report No.10130 for this project. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5169/UGM is consistent with the adopted General Plan, the adopted West Area Community Plan,any applicable specific plan,and the findings required pursuant to California Government Code Section 66410 et seg.. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No.5169/UGM,subject to the approval of Rezone Application No.R-03-047 by the Fresno City Council and subject to the Planning and Development Department Conditions of Approval dated February 4,2004. PLANNING COMMISSION RESOLUTION NO.11950 Vesting Tentative Tract Map No.5169,UGM February 5,2004 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brand,seconded by Commissioner White. VOTING: Ayes- Brand,White,Harrington,Kissler,Vang,DiBuduo Noes- None Not Voting- None Absent- Brown DATED: February 5,2004 tso OVINO,Secretary Planning Commission Resolution No.11950 Vesting Tentative Tract No.5169,1UGM APNs 312-10144 and 312-101-43 Filed by: McKinley Ventures LLC and Patriot Homes Action: Approved with Conditions 1'.SBPROYNTM-5169,R-03-047,C-03-169 14-T PC R—.wpd CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL February 4,2004 VESTING TENTATIVE TRACT MAP NO. 5169/UGM South side of West McKinley Avenue, between North Polk and North Cornelia Avenues All tentative subdivision maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies,and Standard Specifications. The following specific conditions are applicable to this subdivision map. The Urban Growth Management(UGM)Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees, dedications,reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees,dedications,reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Preparation of Final Tract Map(s)in accordance with Tentative Tract Map No.5169/UGM entitled"Exhibit A,"dated January 29,2004 and in accordance with the final approved site plan exhibit("Exhibit A")for Conditional Use Permit No.C-03-169. 2. This subdivision and the water well site in the northwest corner of the tract must be annexed to the City of Fresno prior to issuance of any construction permits for subdivision homes and related improvements. 3. Relinquish all access rights to West McKinley Avenues from all residential lots which abut this street, being Lots 45 through 51, and relinquish direct vehicular access to North Forestiere Avenue from the east property line of Lot 46,as shown on the Tentative Tract Map entitled Exhibit A,dated January 29,2004 (Reference: Fresno Municipal Code Section 12-1011-f-3). Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 2 4. Outlot'A"shall be for public facility uses,including water well site(City pump station) augmentation,and/or right-of-way,and shall be improved as necessary for water well (City pump station)and/or school bus stop uses. ------- 5. Submit grading plans and soils report to the City of Fresno,Planning and Development Department,for verification prior to Final Tract Map approval(Ref.: Fresno Municipal Code Sections 12-1022 and 12-1023). Approval of grading plan is required prior to Final Tract Map approval. Grading plan shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. 6. Public utilities easements,as necessary,shall be dedicated to the City of Fresno. Any required relocation of existing utilities necessitated by required street improvements will be paid for by the appropriate utility company or the developer of the project. Contact the appropriate utility company for information. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,Article 10,Chapter 12,"Subdivision of Real Property";and Resolution No.68-187,"City Policy with Respect to Subdivisions';Resolution No.70-36,"Standard Specifications 1970,"as amended;and Resolution No.84-361,"Public Works Standard Drawings 1984,"as amended. 8. The subdivider shall pay applicable fees for,but not limited to,street trees,street signs, water fees,sewer fees,and inspection fees in accordance with Resolution No.79-606 and Resolution No.80-420(Master Fee Schedule),or any amendments,modifications or additions thereof and in accordance with the requirements of State law as related to tentative tract maps. 9. The County of Fresno will need to review and approve the grading,drainage,and street work 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. 10. The subdivider shall furnish to the City a subdivision guarantee of a title company listing all parties having any right,title or interest and the nature of their interest per State law. 11. Prior to final map approval,the owner of the subject property 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 and that residents of this property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The"Right to Farm"covenant shall be recorded prior to,or concurrently with,the recordation of final map(s)for Tentative Tract No.5169/UGM. 12. Any proposed Declaration of Covenants,Conditions,and Restrictions(CC&Rs),and any proposed instruments for an owner's association,are to be submitted by the subdivider to the Planning and Development Department for review prior to Final Tract Map approval (Ref.:Fresno Municipal Code Section 12-1026). Said documents are to be recorded with the Final Tract Map(s);or,altematively,recorded documents or documents for recording Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 3 shall be submitted by the subdivider to the Planning and Development Department prior to final acceptance of subdivision improvements. Said documents shall be prepared according to the[Planning and]Development Department Guidelines for preparation of CC&Rs dated January 11,1985. LANDSCAPING AND WALLS 13. Provide a 20-foot landscaped easement and irrigation system, with long-term maintenance,along the rear or side property lines of all lots which back-onto or side-onto West McKinley Avenue (Ref.:West Area Community Plan Policy No.W-3-b and Section 12-1011-f-3 of the Fresno Municipal Code). When the grading plan establishes a top of slope beyond the required landscaped easement noted,and the construction of the required wall is to be established coincident with the top of said slope,then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Construct a 6-foot high solid masonry wall or fence,to meet requirements of Sections 12-105-W-2 and 12-306-19 of the Fresno Municipal Code,at the rear of the required landscaped easements noted above in the preceding Tract Map Condition (Ref.: Section 12-1011-f-3 of the Fresno Municipal Code). 15. Maintenance of the required 20-foot landscaped easements located along West McKinley Avenue may become the responsibility of the City's Community Facilities District No.2. Contact the Public Works Department,Engineering Services Division Staff for information regarding this City District. The property owners shall petition the City for annexation to Community Facilities District No.2 prior to final map approval. 16. When the developer/owner petitions for annexation into Community Facilities District No.2,he shall be required to provide the City of Fresno,Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision,attesting to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment and that he is aware of the estimated amount of the assessment. 17. Should the City Council not approve the annexation of such landscaped areas into Community Facilities District No.2,then the developer/owner shall create a homeowners' association for the maintenance of the landscaped areas.The proposed Declaration of Covenants,Conditions,and Restrictions(CC&Rs)and the proposed instruments for the homeowners'association shall be submitted to the Development Department for review two(2)weeks prior to final map approval. Said documents shall be recorded with the final map(s)or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners'association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs, dated January 11,1985. Conditions of Approval Tentative Tract Map No.51691UGM February 4,2004 Page 4 18. Any landscaping of Outlot A shall be maintained by arrangement with the City of Fresno Department of Public Utilities Water Division or by means of a homeowner's association; annexation into the City's Community Facilities District No.2 is not available for the Outlot,pursuant to City Council policy. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Development Department and Department of Parks,,Recreation,and Community Development for review prior to Final Tract Map approval: 20. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Tract Map approval. 21. 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 maintenance of the two trees provided in the front yard area of each home by the homeowner. 22. The owner shall execute a covenant agreement running with the land to insure maintenance of the on-site landscaping and required street trees along the local streets in the subdivision. BUILDING SETBACKS 23. Building setback lines shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c,as modified and approved through review of the final corrected site plan exhibit for Conditional Use Permit No.C-03-169(Ref.:Fresno Municipal Code Section 12-306-21). INFORMATION 24. Rezone Application No. R-03-47,filed to assign R-1/UGM(Single-Family Residential District/Urban Growth Management Area) zoning to this subdivision site, shall be approved by the City Council and in effect prior to Final Tract Map approval. 25. Conditional Use Permit(CUP)Application No.C-03-169,filed to establish this tract as a 99-lot,non-clustered planned development with public streets,shall be approved prior to Final Tract Map approval. Final corrected exhibits for CUP No.C-03-169(site plan, elevations,and landscape plans)must be submitted to the Planning and Development Department and approved before the Final Tract Map can'be approved. 26. Pursuant to Section 66456.1 of the Subdivision Map Act,which states,'The right of the subdivider to file multiple Final Tract 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 Tract Maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Chapter 12, Article 10 of the Fresno Municipal Code (Subdivision of Real Property). Condifions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 5 27. Apportionment of Special Assessment-If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law,including a division into condominium interest as defined in Section 783 of the Civil Code,the subdivider shall file a written application with the City's Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot,parcel or interest to be divided and of how such lot,parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law;and, C. Written consent of the owner(s)of each such lot,parcel,or interest to the requested apportionment. The application shall be filed prior to the approval of Final Tract Map(s)by the City and shall be accompanied by a fee,in an amount specified in the Master Fee Resolution,for each separate lot,parcel or interest into which the original assessed lot,parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 28. School construction fees shall be paid to the Central Unified School District prior to the issuance of building permits for the subdivision,in accordance with that District's adopted schedule of fees. The District also requests an improved on-site school bus stop. 29. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to the approval of the Solid Waste Manager. 30. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 31. The San Joaquin Valley Unified Air Pollution Control District(SJVUAPCD)has adopted several Rules which pertain to construction.dwellings,streets and other built features of this tract. These Rules address potential sources of fugitive dust,particulates,nitrogen oxides and reactive organic gases. Please refer to the SJVUAPCD's letter dated December 3, 2003 (attached). In order to comply with Federal and state clean air mandates,additional SJVUAPCD Rules may be enacted and may be applicable to the subsequent construction,use,and maintenance of homes and other features in this tract. 32. If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone: 916-653-4082) shall be Conditions of Approval - Tentative Tract Map No.5169/UGM February 4,2004 Page 6 immediately contacted,and the Califomia Archaeological Inventory/Southern San Joaquin Valley Information Center(phone:805-644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded,and recommendations made to the City as to any further site investigation or site avoidance/preservation. If animal fossils are uncovered,the Museum of Paleontology at U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist,and if the paleontologist determines the material to be significant,it shall be preserved. 33. The subdivider shall obtain any and all permits required for the proper removal/demolition and/or abandonment of any building,structure,or water well located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank, cesspool or water well. All permits shall be obtained prior to commencement of such work,in accordance with Chapter 13 of the Fresno Municipal Code. 34. Any existing agricultural wells lying within the boundaries of the proposed development shall be sealed and abandoned in compliance with California Well Standards, Bulletin 74-90 or current revisions,issued by California Department of Water Resources, and in compliance with City of Fresno Department of Public Utilities Water Division Standards. 35. A ten-foot(10') Public Utility Easement(PUE) is required to be dedicated along the frontage of all interior streets. A utility easement may also be required in the West McKinley Avenue frontage of this subdivision. Prior to preparation of the Final Tract Map, contact the design and right-of-way/land rights divisions of SBC Pacific Bell,Pacific Gas and Electric Company,and ComCast(or their respective successor companies)to verify easement requirements. 36.. All existing and proposed utility systems shall be installed underground in accordance with Sections 8-801 and 12-1011 of the Fresno Municipal Code and in accordance with City Council Resolutions Nos.78-522 and 88-229. 37. New above-ground facilities for electricity,telephone,cable,and other public utilities are not allowed in the landscaped parkstrip along West McKinley Avenue and may require dedication of additional easement area outside of the street right-of-way to provide for locating and screening these facilities. PARK SERVICE 38. Comply with the requirements in the attached memorandum from the Parks Division dated January 7,2004. The subdivider shall plant the required street trees along West McKinley Avenue and local interior streets,shall install irrigation to maintain the plantings in any park strips. Street tree inspection fees must be paid at the time of building permit issuance. Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 7 URBAN GROWTH MANAGEMENT PARK SERVICE REQUIREMENTS 39. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Tract Map approval. Payment of this fee may be deferred until the time of building permit issuance in accordance with the requirements of Fresno Municipal Code Section 12-4.509-C-3. FIRE SERVICE 40. Fire service will be provided by City Fire Station No.16. Provide residential hydrants with 1,500 gallons per minute fire flow and two sources of water per Fresno Fire Department and Public Works Standards,and comply with Fire Department access requirements(see Fresno Fire Department Memorandum dated December 2,2003 regarding construction and occupancy requirements). 41. Two points of all-weather access to this subdivision shall be maintained in a usable condition during construction and after completion of the project. URBAN GROWTH MANAGEMENT FIRE SERVICE REQUIREMENTS 42. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of Final Tract Map approval. If appropriate,fee payment may be deferred until the time of building permit issuance in accordance with the requirements of Fresno Municipal Code Section 12-4.508-D-3. STREETS RIGHTS-OF-WAY 43. This tract is expected to generate 74 morning(a.m.)peak hour trips and 107 evening (p.m.)peak hour trips;therefore,a Traffic Impact Study has been prepared to comply with mitigation measure requirements of the 2025 Fresno General Plan Public Facilities/Transportation Element and Master Environmental Impact Report No. 10130 prepared for the General Plan. That Traffic Impact Study, and its findings and conclusions, has been approved by the City of Fresno Department of Public Works Transportation Planning Section. 44. Street construction plans are required to be prepared by the developer/owner and submitted to the City of Fresno Public Works Department for review prior to, or concurrently with,submittal of final map(s)for this project. 45. All of the required street improvements shall be constructed and/or installed in accordance with City of Fresno standard specifications. 46. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 47. The developer/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 8 ramps are required to be constructed in sidewalks at all comers within the limits of the tract.Where street furniture is located within the sidewalk area(fire hydrants,streetlights, etc.),a minimum of 46 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary,dedicate a pedestrian easement to accommodate the 48 inches of minimum unobstructedpath requirement. 48. All required signing and striping shall be done by,and paid for,by the developer/owner. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be part of the street construction plans for Tentative Tract No.5169/UGM. 49. The developer/owner shall fumish to the City acceptable security to guarantee the construction of the off-site street.improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 50. West McKinley Avenue—Dedicate an additional 25 feet for public street purposes within . the limits of this tract(including any dedication necessary from the City of Fresno's water well site located interior to the northwestern comer of this tract),in order to meet the City of Fresno's Arterial Street Standards(110'to 114'of cross-section),and improve this right-of-way with 20 feet of permanent paving(including striped bicycle lane);construct standard curb,gutter,and sidewalk to the City Public Works Department Standard P-5; and construct an underground street lighting standard to Public Works Standard E-1 with arterial street spacing and design of the street lighting per Public Works Standard E-7. Also refer to UGM requirements for improvement West McKinley Avenue(see Condition No 61,below). 51. The intersections of West McKinley Avenue and local streets developed for this tract shall be limited as follows: a. The West McKinley/North Forestiere intersection shall be permit right turns into Tract 5169/UGM and right turns out of Tract 5169/UGM,only. b. The West McKinley/North Barcus intersection shall allow right and left turns Into and out of the tract(with a full median island break). 52. Road improvement plans for all new and/or reconstructed roads which are adjacent to County roads or which traverse properties under the County's jurisdiction shall be reviewed and approved by the County of Fresno Department of Public Works and . Planning. In addition,an encroachment permit shall be obtained from the County for any street work done within the County's rights-of-way. 53. Interior("local")streets in this subdivision shall be dedicated and improved in accordance with Alternative Public Improvement(API)standard for 50-foot and 54-foot widths as shown on Exhibit A,dated January 29,2004. North Barcus:Avenue shall be a minimum of 54 feet wide. The sidewalk on the western side of North Barcus Avenue may be omitted where it abuts the AE-5-parcel developed with a single-family home,but shall be improved with a concrete wheelchair ramp at the southwest corner of West McKinley and North Barcus Avenue. Interior streets shall be fully improved with width permanent street Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 9 pavement,standard curb,gutter,underground street lighting,sidewalks on both sides of all streets per API street standards(excepting the above-noted portion of North Barcus Avenue),and wheelchair ramps at corners. 54. Dedication of required street rights-of-way shall require modification of the public water well site located in the northeastern corner of this subdivision (City Pump Station No. 179). The subdivider shall cover all costs associated with necessary land transactions(e.g.,preparation of legal descriptions,technical drawings,and the revised or amended special permit for Pump Station No.179,which has an approved Conditional Use Permit No.C-94-126). The new site plan and associated street plans for City Pump Station No. 179 shall incorporate the proposed school bus stop/bus bay,and shall be provided to Central Unified School District for review prior to submittal to the Planning and Development Department. 55. The previously proposed dead-end at the corner of West Pine and North Forestiere Avenues has been eliminated per Public Works Department requirements.Any dead end or stub streets proposed in final map(s)shall require a revised Tentative map for Tract 5169/UGM. 56. All dead-end streets created in this subdivision shall be properly barricaded in accordance with City standards within seven(7)days from the time the streets are surfaced,or as directed by the City Engineer. 57. The underground street light system shall as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any modification thereto approved by the City Council prior to installation and shall be approved by the City Traffic Engineer prior to Final Tract Map approval. All lights shall be dedicated to the City upon completion. Submit engineered construction plans to the Public Works Department for approval. 58. All existing and proposed utility systems shall be installed underground in accordance with Section 12-1011(h)of the Fresno Municipal Code. (The subdivider's attention is directed to the Resolutions Nos.68-187,78-522,81-219,and 88-229.) 59. The subdivider shall furnish to the City acceptable security to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. URBAN GROWTH MANAGEMENT STREET REQUIREMENTS In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and service vehicle access,the following improvements are required. 60. UGM-This tract map is located within UGM major street zone E-4 which requires the payment of appropriate UGM Major Street fees. t Conditions of Approval Tentative Tract Map No.5169/UGM �. February 4,2004 Page 10 61. West McKinley Avenue: UGM Arterial Street Requirements a. Construct two 17-foot travel lanes and raised concrete median island within the limits of this development. Street dedication shall be sufficient to accommodate arterial standards and any other grading and/or transitions as necessary,based on a 55 mile per hour design speed. Details of saidistreet shall be depicted on the final corrected exhibits for Conditional Use Permit No.C-03-169 and on the approved exhibit for Tentative Tract Map 5169/UGM• b. From the west boundary of this tract connecting to Polk Avenue(a distance of approximately 1,300 feet),the developer shall be required to construct the two center 17-foot travel lanes plus 12 feet of additional paving for left tum lanes for westbound traffic at Polk Avenue. All left tum lanes'shall be constructed with median island curb at their noses. 62. The City of Fresno is proposing a restructure of the Urban Growth Management process for all UGM areas in the city with the update of the proposed 2025 General Plan. This process may entail a new fee structure to buildout all components of major streets in UGM areas. Should this process be approved with the new general plan or any other process,this development shall be entitled to reimbursement for anycosts of construction that exceed the designated fee that may be established with this new process. SEWER SERVICE There is an existing 45-inch sanitary sewer mains in West McKinley Avenue available to serve the site. The following conditions are required to provide sanitary sewer service to the tract. 63. Separate sewer house branches shall be provided for each lot. 64. Sewer connection charges are due and shall be paid for the project. 65. All public sanitary sewer facilities shall be constructed in accordance with City of Fresno Public Works Department standards,specifications,and policies. 66. The developer's engineer shall provide a preliminary sewer layout for City Public Works Department review prior to submitting plan and profile drawings for plan check. URBAN GRowTH MANAGEMENT SEWER SERVICE REGUIREmENTS 67. The tract is located in the service area of the Cornelia Trunk Sewer and Oversize Sewer Reimbursement Area 25;therefore,the developer shall pay the appropriate trunk sewer charge in effect at the time that building permits are issued. Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 11 WATER SERVICE A 14-inch water main is existing in West McKinley Avenue to serve the proposed subdivision. 68. Two independent sources of water, meeting Federal and State Drinking Water Act standards(two separate points of connection to the public water system)are required to serve this tract,including any subsequent phases thereof. Compliance with this two- source requirement may be accomplished through any combination of water main extensions,construction of supply wells, or other acceptable sources of water supply approved by the City of Fresno Water System Manager. 69. Construct(a)water supply well(s)on (a) site(s) dedicated to the City of Fresno. The well(s)shall be capable of producing a sustained minimum of 1,000 gallons per minute, sufficient to serve peak water demand for this project. Well sites are required to be of a size, and at a location, acceptable th the City of Fresno Water System Manager. Construction of these well facilities shall be reimbursed from UGM Water Well Supply Well Service Area Fund 301s,in accordance with established UGM policies. Waterwell construction shall include wellhead treatment facilities if they are required by prevailing water quality and required by the Water System Manager,and provided that there are sufficient funds available in the UGM Wellhead Treatment Fund for the area. Water well construction shall also include walls and landscaping as may be required by special permit conditions for well site(s),and any modifications to those special permit conditions and exhibits. The subdivider shall provide for any modifications to property boundaries and design of the existing dedicated water well site in the northwestern corner of Vesting Tentative Tract 5169/UGM,including preparation of documents referenced in Condition No.54,above. 70. Public water facilities shall be constructed in accordance with Public Works standards, specifications,and policies. 71. Separate water services shall be provided to each lot created. 72. Payment of water connection charges is required at time of building permit. 73. Install standard City fire hydrants along subdivision street frontage. URBAN GROWTH MANAGEMENT WATER SERVICE REQUIREMENTS 74. This tract is located in UGM Water Supply Fee Service Area 301-S; therefore, it is required to pay its proportionate share of UGM fees for water supply infrastructure. 75. This tract is located in UGM Wellhead Treatment Service Area 301-S;therefore, it is required to pay its proportionate share of UGM fees for water supply infrastructure. 76. This tract is located in 1994 Bond Debt Service Area No.301 s;therefore,it is required to pay its proportionate share of UGM fees for water supply infrastructure. Conditions of Approval Tentative Tract Map No.5169/UGM ' February 4,2004 Page 12 URBAN GROWTH MANAGEMENT REQUIREMENTS(GENRAL) 77. The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM}ees imposed under the Urban Growth Management process(with appropriate credit given for the installation of required UGM improvements)in accordance with the requirements of State Law as related to tentative tract maps. The City of Fresno is proposing a restructurkof the Urban Growth Management process for all UGM areas in the city with the,update of the proposed 2025 General Plan. This process may entail a new fee structure to build-out infrastructure components in UGM areas. Should a new fee structure by approved,this development shall be entitled to reimbursement for any costs of construction that exceed the designated fee that may be established. 78. The subdivider shall be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements.. FLOOD CONTROL 79. The subdivider shall be required to pay any applicable storm drainage fees to comply with Chapter 13,Article 13 of the Fresno Municipal Code. 80. The subdivider shall be required to comply with the specifia requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors,pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the Fresno Metropolitan Flood Control District's Notice of Requirements dated January 28,2004. A drainage channel easement to the southeast property line is required to handle major storm events. Submit calculations for this channel to FMFCD. 81. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven(7)days from the time the basin becomes operational or directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Tract Map approval. Fencing shall allow access as needed by maintenance personnel and the mosquito abatement district. Maintenance of the temporary ponding basin(including weed control)shall be by the developer/owner until permanent service for the entire subdivision is provided. IRRIGATION CANAL 82. The Fresno Irrigation District does not own or operate any facilities within this tract and has not imposed any requirements upon this subdivision. FRESNO AREA EXPRESS 83. Fresno Area Express has not imposed any requirements along the street frontage of this tract. it Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 13 DEVELOPMENT FEES AND CHARGES 84. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/RATE/CHARGE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Inspection fee $30.00/tree Developer installed tree FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE/CHARGE C. Metropolitan Flood Control District Fee Drainage Area:CK $103,854.00 Drainace Area:CI 5.269.00 Total Drainage Fees $109,123.00 SEWER CONNECTION CHARGES FEE/RATE/CHARGE d. Lateral Sewer Charge $0.10/s ft (to 100 of parcel depth) e. Oversize Charge $0.05/sq ft (to 100'of parcel depth) f. Trunk Sewer Charge $419/living unit Service Area: Cornelia g. Wastewater Facilities Charge $2,119/living unit h. House Branch Sewer Charge not applicable(n/a) i. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE/RATE/CHARGE j. Service Connection Charge Fee will be based upon service(s) and meter(s) sizes specified by owner; fee for service(s) and meter(s)established by the City's Master Fee Schedule k. Frontage Charge $6.50/lineal foot I. Transmission Grid Main Charge $560/gross acre m. Transmission Grid Main Bond $243/gross acre Debt Service Charge n. UGM Water Supply Fee $442/living unit Service Area:301 o. Well Head Treatment fee $192/living unit Service Area:301 Conditions of Approval Tentative Tract Map No.5169/UGM February 4,2004 Page 14 WATER CONNECTION CHARGES FEE/RATE/CHARGE p. Recharge Fee $0/living unit Service Area:301 q. 1994 Bond Debt Service $60/living unit Service Area:301 DEVELOPMENT IMPACT FEE FEE/RATE/CHARGE r. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEES FEE/RATE/CHARGE s. UGM Fire Station Capital Fee $1,242/gross acre Service Area:16 t. UGM Park Fee $1,230/gross acre Service Area:4 U. Major Street Charge $2,435/adj.acre Service Area:E-4 V. Major Street Bridge Charge $135/adj.acre Service Area:E-4 w. Traffic Signal Charge $860/adj.acre X. UGM Grade Separation Fee n/a y. Trunk Sewer Charge n/a Service Area: z. Street Acquisition/Construction Charge n/a Attachments: Revised letter from Central Unified School District,dated January 28,2004 Letter from the San Joaquin Valley Unified Air Pollution Control District,dated December 3,2003 Memorandum from City of Fresno Parks Division,dated January 7,2004 Fresno Fire Department Fire Hydrant and Access Requirements,dated December 2,2003 Fresno Metropolitan Flood Control District Notice of Requirements,dated January 28,2004 Special Permit Conditions for Conditional Use Permit No.C-03-169,dated February 4,2004 MWASSPROAVrM-5169,R-03.47,C-03-169 08-T Tract Map Cond.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11949 In the matter of Conditional Use Permit Application No.C-03-169,filed by Harbour&Associates on behalf of subdivider Patriot Homes and property owner West McKinley Ventures LLC, related to Vesting Tentative Tract Map Application No.5169/UGM and Rezone Application No.R-03-047, the Fresno City Planning Commission adopted the following resolution pursuant to the Fresno Municipal Code: WHEREAS, the Fresno City Planning Commission conducted a noticed public hearing at its regularly scheduled time and meeting place on February 4, 2004 on Conditional Use Permit Application No.C-03-169 and the related Vesting Tentative Tract and Rezone applications: Requested: A Special Permit to create a 99-lot single-family residential subdivision with one outlot Property Location: Assessors Parcel No.311-101-44,on the south side of West McKinley Avenue west of North Cornelia Avenue; also involving portions of Assessor's Parcel No. 311-101-43, a previously dedicated City of Fresno water well site Existing Zoning: County RR,Rural Residential,zone district Proposed Zoning: R-1/UGM,Single-Family Residential District,Urban Growth Management Area WHEREAS,said Commission,as a result of its inspections,investigations,and studies made by itself and in its behalf,has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Commission reaffirms the Development Department's determination made pursuant to the Initial Study conducted for Environmental Assessment No.T-5169,R-03-047,C-03-169,which found the project to be consistent with City of Fresno Master Environmental Impact Report No.10130 prepared for the 2025 Fresno General Plan; and IT IS FURTHER RESOLVED,the Commission approves Conditional Use Permit(CUP)Application No.C-03-169,subject to City Council approval of Rezone Application No.R-03-047,subject to approval of Vesting Tentative Tract Map No.5169/UGM, and subject to the following conditions: I. Development ofthe project in accordance with CUP Exhibits A and B-1 through B-12 (as required to be corrected);submitted exhibits are dated December 1,2003 and are on file in CUP Application No.C-03-169;and PLANNING COMMISSION RESOLUTION NO.11889 Conditional Use Permit No.C-03-169 February 5,2004 Page 2 2. Compliance with all items contained in the Special Permit Conditions ofApproval for CUP No.C-03-169,including its attachments,dated February 4,2004. The foregoing Resolution was adopted by the Planning Commission of the City of Fresno upon motion by Commissioner Brand, seconded by Commissioner White. VOTING: Ayes- Brand,White,Harrington,Kissler,Vang,DiBuduo Noes- None Not Voting- None Absent- Brown DATED: February 5,2004 K .YOV[NO,Secretary Fre o City Planning Commission Resolution No.11189 Conditional Use Permit No.C-03-169 Filed by Harbour&Associates for Patriot Homes and West McKinley Ventures LLC APNs: 312-101-44 and 312-101-43 (Vesting Tentative Tract Map No.T-5169/UGM) Action: Approve with Conditions 1:\SBPROr,TT-5184,R-03-33,C-03-90 14-C PC Resp for CUP wpd CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Conditional Use Permit No. C-03-169 February 4,2004 PART A-PROJECT INFORMATION 1. Assessor's Parcel No. 312-101-44 and portion of 312-101-43T 2. Job Address: Not yet assigned(addresses of lots to be determined when a Final Tract Map is filed for Vesting Tentative Tract Map No.T-5169/UGM) Street Location: Located on the south side of West McKinley Avenue,between North Polk and North Cornelia Avenues 3. Existing Zoning: Fresno County RR(Rural Residential)District Zone Map No. 2245 4. Proposed Zoning: City R-1/UGM, Single-Family Residential District/Urban Growth Management Area (Rezoning Application No.R-03-47) 5. Project Description: Requests authorization f or a 99-lot planned unit development single- family residential subdivision on approximately 19.5 acres planned for medium-density residential development in the West Area Community Plan and the 2025 Fresno General Plan. PART B-GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission will review and decide on these Special Permit Conditions and Conditional Use Permit(CUP) Exhibits A and B1 through B12(dated December 1,2003)at its scheduled and noticed hearing on February 4,2004. At this hearing,the Commission will also review and make a determination on Vesting Tentative Tract Map No.T-5169/UGM and will review and make a recommendation to the Fresno City Council on Rezoning Application No.R-03-47. On January 12,2004,the Environmental Assessment for this project(including the tract map and rezoning)resulted ina proposed Finding of Conformity with Master Environmental Impact Report No. 10130 prepared for the 2025 Fresno General Plan. Notice of this environmental finding was published in the Fresno Bee on January 13,2004. The 20-day comment and appeal period on this finding ended at 5:00 pm on February 3,2004. All applicable mitigation measures from the mitigation checklist of this Environmental Assessment shall be considered as conditions of this project. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned,unit development subdivision) February 4,2004 Page 2 Notice of the proposed rezoning, tract map, and special permit for this project was mailed to surrounding property owners on January 23,2004. The deadline date for submittal of comments and appeals in response to the mailed notice is February 4,2004. Approval of CUP No.C-03-169,its Exhibits and Special Permit Conditions will become effective If no appeal is raised pursuant to Fresno Municipal Code Sections 12-1019 or 12-406-I,or will become effective when the Fresno City Council approves Rezoning Application No. R-03-47, whichever date falls later. No Final Tract Map approval or construction permits for this project will issued until the appeal period has elapsed or until the Fresno City Council's has approved Rezoning Application No.R-03-47,whichever date falls later. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of conditions of approval (including General Conditions to Project Approval,attached). These include conditions based on adopted City plans and policies,those incorporated from regulations of other public agencies(e.g.,special districts for flood control/drainage and air pollution control),and those determined through site plan. review and environmental assessment essential to mitigate adverse effects on the environment including the health,safety and welfare of the community. Some of the recommended conditions for development that are not mandated as essential to health,safety and welfare,but would on the whole enhance the project and its relationship to the neighborhood and environment. Any such discretionary conditions of approval are listed in the last section of this list of Special Permit Conditions under the heading"Part F-Miscellaneous,'and may be appealed. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed timely in the manner prescribed by Fresno Municipal Code Section 12-406-1. All code requirements,however,are mandatory. Fresno Municipal Code requirements may only be modified by approval of a variance application, provided the findings pursuant to Fresno Municipal Code Section 12-405-A can be made and the Variance is approved by the City of Fresno. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative,architect,engineer or designer to disclose and delineate all facts and information relating to the subject property and the proposed development, including but not limited to the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses,trees,walls,driveways,outdoor storage and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements,rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 3 Approval of this special permit may become null and void in the event that development is not completed in accordance with the Zoning Ordinance, City of Fresno Public Works Standards and Specifications,and all the conditions and requirements imposed upon this special permit and upon Vesting Tentative Tract Map T-5169. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land,buildings or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the final corrected site plan Exhibit A.) Transfer all red line notes,etc.,shown on all original CUP exhibits(dated December 1,2003)to the final corrected exhibits. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE FINAL TRACT MAP AND CONSTRUCTION PLAN CHECK PROCESSES. To complete the backcheck process for building permit relative to Final Tract Map approval and planning and zoning issues,submit eight copies of this corrected,final site plan,together with six copies of the final corrected elevations, six copies of landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning and Development Department for final review and approval at least ten days before applying for building permits. Copies of this final approved site plan,elevations,landscape and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. Be advised that on-site construction inspections will not be authorized unless the final stamped approved site plan, elevations,landscape and irrigation plans are included in the plan check file copy. Please call 621-8277 for an appointment with Sandra Brock for final Planning Division sign-off for Final Tract Map approval and building permits following your preparation of final corrected CUP. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section 66020(d)(1),the imposition of fees,dedication, 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, reservation or exactions imposed on the development project. This notice does not apply to those fees,dedications, reservations or exactions which were previously imposed and duly noticed; or,where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1,1997. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 4 PART C-PUBLIC IMPROVEMENT REOUIREMENTS The following requirements are based on City records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements rat addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements, off-street parking geometries, utility connection charges and Urban Growth Management fees may be directed to the Planning and Development Department-Building & Safety Division (Land Division & Engineering Section 559/621-6075). Please also refer to General Conditions of Project Approval,attached hereto. NOTICE OF FEE DEFERRAL OPTION Effective June 9,1995,the provisions of Fresno Municipal Code Section 12-4.604 allow the property owner the option to defer the payment of UGM fees and certain water and sewer connection charges,from the time of issuance of building permits to the time of issuance of certificate of occupancy. To enable this deferment requires the owner to request the preparation of a fee deferral covenant,pay the covenant preparation(including surcharges)and provide a certified copy of the most current Grant Deed from the Fresno County Rec rder for the subject property. The processing of this covenant will place a lien on the property in the amount of the outstanding fee obligation and requires subordination by parties having record title interest in the property. Owners are advised to submit covenant requests at their earliest opportunity as covenant preparation,execution and approval may take 2 weeks or mote and will delay the issuance of building permits until the executed covenant is duly approved by the City. For more information,contact Rick Sommerville at 559/621-8075. STREETIMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications of the City of Fresno-Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights of way(including pedestrian and utility easements)requires a Street Work Permit Bl1szL to commencement of the work. All required street improvements must be completed and accepted by the City Dim to occupancy. C. 1. Dedicate right-of-way from tract property,and provide for dedication of right-of-way from the City Water Well site in the northwest corner of the tract,in order to fully improve project frontage on West McKinley Avenue by installation of permanent paving (including line striping for driving lanes and bike lane),paving transition,concrete gutter, curb,and sidewalk,and median island(with temporary asphalt cap)to City Standard Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 5 Specifications within the limits of this project, in order to provide for full 110'to 114' arterial street width. Tract 5169/UGM Lots 45 through 51 along West McKinley Avenue shall relinquish all direct pedestrian and vehicular access to the arterial street. Street improvements and median openings(including related signage)shall be designed and installed as specified in the Department of Public Works Memorandum regarding T-5169,dated January 16,2004(attached). The final corrected Exhibit A site plan for CUP No.C-03-169 shall show these McKinley Avenue improvements. C. 2. Design and improve interior local streets to City of Fresno Public Works API standards for fifty and fifty-four foot streets, with the following special requirements(the final corrected Exhibit A site plan for CUP No. C-03-169 shall show these improvements): a. North Barcus Avenue shall be designed as a 54-foot wide street,and shall have a concrete wheelchair ramp installed at the southwest corner of its intersection with West McKinley Avenue,except that the sidewalk along the west side of North Barcus Avenue may be deleted where North Barcus directly abuts the AE-5/UGM zoned property to the west developed with a single family home. b. Lot 46 of Tract 5169 shall relinquish all direct vehicular access to North Forestiere Avenue. C. 3. Install street lighting on public and private street frontages to applicable City Subdivision Standards(arterial standards for West McKinley Avenue;local street standards for local streets within the tract). Street lighting plans must be approved by the Public Works Department(Traffic Engineering Division 559/621-8811)prior to street light installation. Show street light locations on the final corrected site plan exhibit for CUP No.C-03-169. C. 4. Repair any damaged and/or off-grade off-site concrete improvements as determined by the Public Works Department(Construction Management Division 559/621-5500). WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES C. 5. Connection to the City of Fresno water and sewer system is required(refer to the Department of Public Utilities memorandum regarding Tentative Tract No. 5169/UGM,dated December 17,2003). C. 6. Improvement of a City water well pump station is required for Vesting Tentative Tract Map No. 5169 (refer to the Department of Public Utilities memorandum regarding Tentative Tract No. 5169/UGM, dated December 17, 2003). Construction of North Barcus Avenue to its required 54-foot width will necessitate some adjustment of the property boundaries of the City water well site (Pump Station 179) located in the northwest corner of this project. It is also required that Outlot A of the tract provide for Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 6 a school bus stop. Conditional Use Permit No.C-94126,previously approved for this water well site,shall be amendedilrevised incorporate these changes,and the final corrected site plan and landscaping exhibits for CUP No.C-03-169 shall also reflect these changes. C. 7. Connection to two approved sources of potable water is a requirement for this project (refer to the Department of Public Utilities memorandum regarding Tentative Tract No.5169/UGM,dated December 17,2003). On the final corrected site plan exhibit for CUP No.C-03-169,depict any additional facilities)or easements necessary to obtain Water System Manager approval of this requirement. C. 8. Fire hydrants shall be installed along public street frontages. Show fire hydrant locations on the final corrected site plan exhibit for CUP No.C-03-169. C. 9. A backflow prevention device is required on each individual water service. Contact Department of Public Utilities(Water Division 559/621-5300)for requirements relating to approved devices,locations,testing and acceptance. C. 10. SEWER CONNECTION CHARGES: (FMC Section 9-503a) The following charges will be due at the time of issuance of Building Permit or Plumbing Permit(whichever is Issued first). New sewer connection charges adopted by the Fresno City Council RELw to issuance of building permits may also apply,If a Final Map is not approved within the specified time. Please refer blow to Section C.19 of these Special Project Conditions for UGM Sewer Facility charges. Sewer Connection Charoes Fee/Rate/Charoe a. Lateral Sewer Charge $0.10/sq ft (to 100'of parcel depth) b. Oversize Charge $0.05/sq ft (to 100'of parcel depth) c. Trunk Sewer Charge $419Aiving unit Service Area: Cornelia d. Wastewater Facilities Charge $2,1191living unit NOTE: The sewer connection charge obligation for this project will be computed during the building construction plan check process. Any request for estimates prior to this time is subject to payment of a Fee Exaction Charge as listed in the Master Fee Schedule. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 7 C. 11. WATER CONNECTION CHARGES: (FMC Sections 14-107 to 14-110) The following charges will be due at the time of issuance of Building Permit or Plumbing Permit (whichever is issued first). New water connection charges adopted by the Fresno City Council Ejq[to issuance of building permits may also apply,if a Final Map is not approved within the specified time.Please refer below to Section CA 9 of these Special Project Conditions for other UGM Water Facility charges. Water Connection Charges Fee/Rate/Charge a. Service Connection Charge Fee will be based upon service(s)and meter(s)sizes specified by owner;fee for service(s)and meter(s)established by the City's Master Fee Schedule b. Frontage Charge $6.50Aneal foot c. Transmission Grid Main Charge $560/gross acre d. Transmission Grid Main Bond $243/gross acre Debt Service Charge e. UGM Water Supply Fee $442/living unit Service Area: 301 f. Well Head Treatment Fee $192/living unit Service Area: 301 g. 1994 Bond Debt Service $60/living unit Service Area:301 (These UGM fee must be paid at time of permit,similar to connection fees) NOTE: The water connection charge obligation for this project will be computed during the building construction plan check process. Any request for estimates prior to this time is subject to payment of a Fee Exaction Charge as listed in the Master Fee Schedule. UTILITIES AND UTILITY EASEMENTS C. 12. All existing and proposed utility systems shall be installed underground in accordance with Sections 8-801 and 12-1011 of the Fresno Municipal Code and in accordance with City Council Resolutions Nos.78-522 and 88-229. C. 13. A ten-foot(10')public utility easement shall be provided on the subject property along the frontage of public streets, as shown in Vesting Tentative Tract Map No.T-5169/UGM(dated July 24,2003). Additional easements maybe required along West McKinley Avenue. Prior to preparation of the Final Tract Map and final corrected Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 6 exhibits for CUP No.C-03-169,contactthe design and right-of-wayAand rights divisions of SBC Pacific Bell,Pacific Gas&Electric Company,and ComCast(or their respective successor companies)to verify easement requirements: Show all utility easements on final corrected site plan and landscaping exhibits for CUP No.C-03-169. C. 14. Drainage easements for Fresno Metropolitan Flood Control District,as referenced in the District's project conditions dated January 28,2003 and as referenced in Tentative Tract Map No. 5169/UGM Conditions of Approval, shall be provided and shall be depicted on the Final Tract Map,the final corrected site plan and landscape plans for CUP No.C-03-169. C. 15. All transformers,utility vaults,manholes,above-ground backflow prevention devices, etc., shall be shown on the final corrected site plan and on CUP landscape plans. Above-ground transformers,utility cabinets,and related structures are not permitted in required landscape setbacks,with the exception that backflow prevention devices may be located in landscape setbacks,provided they are screened by vegetation. OFF-STREET PARKING FACILITIES&GEOMETRICs C. 16. Provide parking space needs,circulation,access,waivers of access,directional signs (e.g. "Entrance', "Exit", 'Right Turn Only% etc.), as required by Public Works Department and Planning and Zoning Conditions,on the final corrected site plan. C. 17. Off-Street parking facilities and geometrics shall conform to the City of Presno-Public Works Department Parking Manual and Standard Specifications. 16. Minimum driveway length(minimum building setback for garages)is to be twenty feet (20')in length. SURVEY MONUMENTS AND PARCEL CONFIGURATION C. 18. All survey monuments within the area of construction shall be preserved or reset by a Registered Civil Engineer or a Licensed Land Surveyor. URBAN GRowrm MANAGEMENT PROCESS AND FEES C. 19. The project site is located within the Urban Growth Management (UGM)area. BUILDING PERMITS CANNOT BE ISSUED UNTIL THE UGM PROCESS IS COMPLETE,INCLUDING PREPARATION OF A SUBDIVISION AGREEMENT AND UGM DEVELOPMENT AGREEMENT IF APPLICABLE. Contact the Planning and Development Department-Building and Safety Division(Land Division and Engineering Section 559/621-8075)for details. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 9 C. 20. UGM FEES: (FMC Sections 12-4.500 to 12-4.510) The following UGM fees will be due at the time of issuance of Building Permit at the fee rate listed in the Master Fee Schedule at the time of payment. New UGM fees adopted by the Fresno City Council RE!gr to issuance of building permits may also apply, if a Final Map is not approved within the specified time. The City of Fresno is proposing a restructure of the Urban Growth Management process for all UGM areas in the city with the update of the proposed 2025 General Plan. This process may entail a new fee structure to build-out all components of major streets in UGM areas. Should this process be approved with the new general plan or any other process,this development shall be entitled to reimbursement for any costs of construction that exceed the designated fee that may be established with this new process. Urban Growth Manaaement Fee/Rate/Charoe a. UGM Fire Station Capital Fee $1,242/gross acre Service Area:16 b. UGM Park Fee $1,230/gross acre Service Area:4 c. Major Street Charge $2,435/adj.acre Service Area:E-4 d. Major Street Bridge Charge $135/adj.acre Service Area:E-4 e. Traffic Signal Charge $860/adj.acre NOTE: The UGM Fee obligations for this project will be computed during the building construction plan check process. Any request for estimates prior to this time is subject to payment of a Fee Exaction Charge as listed in the Master Fee Schedule. PART D-PLANNING/ZONING REQUIREMENTS PLANNING D. 1. Development is subject to the following plans and policies: 2025 Fresno General Plan(see Design Standards attached hereto as Appendix A) West Area Community Plan Medium-density residential use Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 10 ZONING D. 2. Development is proposed in accordance with City of Fresno R-1/UGM,Single-Family Residential District/Urban Growth Management zoning as modified by the Planned Unit Development provisions of Fresno Municipal Code,Section 12-306-21. BUILDING HEIGHT D. 3. The maximum allowable building height is 35 feet. The proposal is within the required height. BUILDING SETBACK.OPEN SPACES AND LANDscApwa D. 4. Provide building setbacks per the final corrected CUP No.C-03-169 site plan and per the requirements of California Building Code and the Fresno Municipal Code. D. 5. A landscaping plan,showing types and sizes of plant material to be installed (Including plant species and any common names) and showing landscape Irrigation system detail,is required to be submitted and approved before Final Tract Map approval. The landscape plan must be consistent with the grading plan for this property and shall provide information on any proposed fencestwalls and any on- site recreational equipment and any large decorative fixtures such as boulders; sculptures,statuary,arbors,pergolas,gazebos,shade structures,ponds/pools,etc. Submit six copies of landscaping and.Irrigation plans. prepared by a landscape professional, to the Planning Division. Landscape plans must be reviewed and approved prior to obtaining Final Tract Map approval D. 6. Landscaping for this project is required to conform to City of Fresno water-efficient landscape standards(contact Bobbi Jensen-McKee at the Department of Public Utilities Water Division,559-621-5309 for consultation prior to preparing plans). D. 7. Provide the following minimum landscaped areas,with landscape irrigation system installed by the developer: a. in the West McKinley Avenue frontage, improve a 20'deep landscape strip for "back-up"treatment along arterial streets,as required by the West Area Community Plan.The Parks Division must review and approve the portion of the encompassing this park strip. A street tree plan review fee of$56 must be paid to the Parks Division to cover the cost of this review and approval Vegetation and irrigation for this landscape strip must be maintained, and operated by either the City's Community Facilities District for,Landscape Maintenance, or by an owner's association: Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 11 D. 7. b. Along the public local streets in the subdivision,install front yard landscaping with at least two medium-sized trees in each front yard. Per Tentative Tract Map No. 5169/UGM conditions of approval, maintenance of this landscaping and irrigation shall be required through execution of covenants which will run with the parcels created. NOTE: A"medium-sized tree"is defined as one which will attain a height of 30 to 60 feet at maturity. Two small trees (up to 30-feet high at maturity) may be substituted for one medium sized tree. (1) Ground cover and/or turf must be installed and the indicated species of street trees must be planted by the developer. (Refer to the Parks Division memorandum dated January 7,2004.) A Developer Street Tree Planting Agreement must be signed,and a$30 per tree inspection fee must be paid, prior to Final Tract Map approval. (ii) Shrubs,low hedges,and other plants may also be installed in the landscape strip and front yards,subject to safe visibility standards(height below three feet)and subject to Parks Department street tree landscape plan review and approval. c. The landscape plan for approved CUP No. C-94-126 for the water well site will require revision when the well site is adjusted to accommodate North Barcus Avenue. Any landscaping installed in Outlot A shall be maintained by either the Department of Public Utilities Water Division in combination with landscape maintenance for the water well site,or by an owner's association. D. 8. Landscaping must be in place before issuance of certificates of occupancy for structures in this subdivision. (include this note on the final corrected site plan and on the landscape plan.) D. 9. Prior to final inspection of the first sale home in this subdivision,a written certification, signed by a landscape professional approved by the Director,shall be submitted stating that the required landscaping and irrigation system was installed along West McKinley Avenue,on the water well site(City Pump Station 179)and on Outlot A in accordance with the landscaping and irrigation plans approved by the Planning Division and parks Division for CUPs Nos. C-94-126 (as it may be revised/amended) and C-03-169. Before final inspection of subsequent homes, written certifications signed by a landscape professional shall be submitted stating that the required landscaping and irrigation system has been installed in the front yards of those homes. Certification forms are available at the Planning and Development Department Planning Division. Special Permit Conditions CUP C-03-169(relating to T-51691UGM,a single family planned unit development subdivision) February 4,2004 Page 12 D. 10. Trees and other landscape materials shall be maintained in good health and good condition. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree,except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Planning and Development Department. (Include this note on the final corrected she plan and on the landscape plan.) D. 11. No structures of any kind may be installed or maintained within the landscape strip along West McKinley Avenue. No exposed utility boxes,transformers,meters,piping, etc., are allowed to be located in the park strip along North Salinas Avenue. (EXCEPTION:the backflow prevention device required by the City's Department of Public Utilities Water Division,which shall be screened by landscaping or such other means as may be feasible and as approved through review of final corrected CUP exhibits). SPACE BETWEEN BUILDINGS D. 12. Depict minimum required space between buildings on the final corrected site plan (Exhibit A,dated May 19,2003)as may be required by the California Building Code, Fresno Fire Department,and by the City Department of Public Utilities Solid Waste Division. D. 13. Per the City of Fresno Department of Public Utilities Solid Waste Division,at least one side yard of each lot shall allow for at least three feet(3')of unobstructed clear space to move solid waste containers into back yards. This clear space shall be maintained throughout the life of the project. FENCES.HEDaEs.AND WALLS D. 14. A masonry soundwall with aesthetic treatment shall be installed behind the required landscape strip along West McKinley Avenue,with openings restricted to those allowing safe ingress and egress for the two public streets intersecting West McKinley from this project(North Barcus and North Forestiere Avenues). Final corrected elevation exhibits for CUP No.C-03-169 shall include a detail of the construction design, materlaUsurfacing,and color of both sides of this soundwali. D. 15. Show the locations of any interior walls,fences,and hedges on the final corrected site plan exhibit and on landscape plans for CUP No.C-03-169,and provide a corrected elevation drawing to depict the height,design,materials,and colors of interior fencing. D. 16. Provide a six-foot fence per Public Works Standard P-38 around any on-site ponding basin(s)serving this project,and depict this fence on the final corrected site plan exhibit and landscape plan for CUP No.C-03-169. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 13 D. 17. Temporary fences to secure projects under construction are allowed, subject to fire department access requirements. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism,and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. OFF-STREET PARKING AND LOADING SPACES D. 18. A minimum of one fully enclosed parking space per dwelling unit is required in this project. This space shall conform to the size and accessibility standards of Fresno Municipal Code Section 12-306-1-1. D. 19. If truck loading spaces or additional parking for guests or employees is to be provided within this project, delineate these loading spaces and parking area on the final corrected site plan exhibit. Loading spaces for trucks in excess of two tons have a minimum required size of twelve feet by forty feet(12'x 40')and a minimum vertical clearance of fourteen feet(14'). D. 20. Public and staff parking related to any on-site tract sales office is not addressed in this application. If an on-site tract sales office is to be provided,a separate application will need to be submitted to determine appropriate parking for that use. ACCESS The following requirements related to access are in addition to those stated previously in Special Permit Condition Sections B,C,and this Section D. D. 21. Vehicular and pedestrian access shall be provided to all parcels by means of a public street improvements. There is no direct cross-access required or approved between the subject property and adjacent properties. Direct access to West McKinley Avenue is prohibited for lots abutting that arterial street,and direct vehicular access is prohibited to North Forestiere Avenue for Tentative Tract Map 5169/UGM Lot No.46. a. The frontage of West McKinley Avenue shall be improved with a ten-foot residential pattern,per City of Fresno Public Works Standard P-5. b. A concrete wheelchair ramp shall be installed at the southwest corner of West McKinley and North Barcus Avenues. c. Outlot A shall be improved to incorporate a school bus stop adjacent to the water well site. Submit street improvement plans and revised exhibits for CUP No.C-94-126 to the City of Fresno Public Works Department,Department of Public Utilities Water Division,and Central Unified School District Facilities Planning Office. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 14 D. 22. Two points of emergency access capable of accommodating Fresno Fre Department - apparatus shall be maintained throughout the construction phase of this project and after the project is completed: OUTDOOR ADVERTISING D. 23. Signs are not approved for installation as part of this special permit. Submit for separate Sign Review. (Include this note on the final corrected site plan.) Contact the Planning and Development Department Public Services Counter for information at 559/621-8277. PART E-CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS E. 1. Comply with requirements of the attached Fresno Fre Department Memorandum,dated December 3,2003 (Contact Fire Prevention,559-621-4112 for further information). Depict all hydrant locations on the final corrected site plan for CUP No.C-03-169. SOLID WASTE COLLECTION E. 2. This residential project will be serviced by the City of Fresno Department of Public Utilities Solid Waste Division. When residents call in to start solid waste service,each home will receive a set of three solid waste containers:a 96-gallon blue container for recyclables,a 96-gallon green container for green waste;and either a 64-gallon or 96-gallon gray container for the remainder of solid waste(size is customer's option). (For more information,call the Solid Waste Division at 559-621-1452.) E. 3. In order to allow containers to be put away,at least one side yard of each lot shall allow for at least three feet(3')of unobstructed clear space,per Special Permit Conditions Section D.15,above. (Contact Joan Taketa of the Solid Waste Management Division at 559/621-1840 between 8 a.m.and 9 a.m.) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT REQUIREMENTS E. 4. Comply with the attached Fresno Metropolitan Flood Control District(FMFCD)Notice of Requirements,dated January 28,2003.(Contact Fresno Metropolitan Rood Control District at 559-456-3292 for further Information.) With the deletion of the originally proposed stub street at the southeastern corner of this project,FMFCD is requiring an easement and improved drainage channel, with associated calculations,to convey Special Permit Conditions CUP C-03.169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 15 major storm flows across the south/east property line. Show all existing and required drainage easements and structures on the final corrected site plan and landscape plans for CUP No.C-03-169. E. 5. A$109,123.00 FMFCD drainage fee must be paid prior to Final Tract Map approval. NOTE: The U.S.Environmental Protection Agency requires that a Notice of Intent ("1\101") for a general National Pollutant Discharge Elimination System permit be filed for all construction activity encompassing one acre or more. It is the developer's and property owner's responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55,No.222 of the Federal Register. SCHOOL FEES E. 6. School fees must be paid prior to issuance of building permits. (Contact Central Unified School District.) Proof of school construction fee payment must be received by the Planning and Development Department prior to issuance of building permits. PARKS.RECREATION AND COMMUNITY SERVICES DEPARTMENT REQUIREMENTS E. 7. Comply with the requirements listed in the Parks Division memorandum,dated January 7,2004. SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT E. 8. Comply with attached San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) regulations for controlling fugitive dust, particulate matter and ozone precursor emissions. Please refer to the SJVUAPCD letter of December 3,2003 for a summary of current air pollution control regulations which pertain to this project. In order to comply with Federal and state clean air mandates,additional regulations will be enacted in the future,and may apply to the construction,use,and maintenance of homes and other features in this project. CALIFORNIA DEPARTMENT OF TRANSPORTATION E. 9. Attached for informational purposes is correspondence received from the District 6 office of the California Department of Transportation("Cal-Trans")regarding this project (second revised letter,dated December 5,2003). The City's Public Works Department Transportation Division evaluated the projected trip generation from this project and concluded that the traffic impact study required for this project adequately describes Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 16 potential impacts,and that tract map conditions will mitigate those impacts. It was the conclusion of the EA that this project would not result in any significant adverse Impact to the City's street network nor to state transportation facilities with the implementation of traffic mitigation measures recommended by the traffic impact study findings and the Department of Public Works. It is the position of the Planning and Development Department that any condition of deficiency at the McKinley/Highway 99 interchange is not caused by,and is not materially exacerbated by,this project. The Planning and Development Department Director is not Imposing state highway facility fees,and is not requiring that the applicant provide a park&ride lot;is not requiring that Fresno Area Express extend its route to serve this project at this time;and is not requiring that bus passes for all tract lots be provided by the subdivider as a condition of approval. There has been no published fee study as required by the California Mitigation Fee Act;there is no agreement between Cal-Trans and the City of Fresno for collection of state highway facility improvement fees;and the environmental assessment for this project did not indicate that the project had sufficient impacts to require all the non-monetary mitigations suggested in the CalTrans letter. PART F-MISCELLANEOUS REQUIREMENTS F. 1. Approval and exercise of this CUP,and approval of the Final Tract Map for Vesting Tentative Tract Map No.T-5169,are contingent upon: a. Approval of Rezoning Application No.R-03-47 b. Performance of mitigation measures specified for this project In the Mitigation Measure Checklist prepared for Environmental Assessment No.T-5169,R-03-47,C-03-90(mitigation measures derived from City of Fresno Master Environmental Impact Report No.10130 prepared for the 2025 Fresno General Plan) c. Approval of Vesting Tentative Tract Map No.T-5169/UGM d. Submittal and approval of landscape plans for this CUP e. Submittal and approval of a final corrected site plan(Exhibit A)showing all existing/proposed on-site conditions(as reflected on CUP exhibits dated December 1, 2003 and as set forth in these Special Permit Conditions) and submittal and approval of final corrected elevation exhibits (walUfence designs as required above; floor plans and elevations of tract home models),including exterior building color and material schedules. Special Permit Conditions CUP C-03.169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 17 F. 2. If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission(phone:916-653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone:805-644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded,and recommendations made to the City as to any further site investigation or site avoidance/preservation. If animal fossils are uncovered,the Museum of Paleontology at U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist,and if the paleontologist determines the material to be significant,it shall be preserved. F. 3. In order to bring the San Joaquin Valley Air Basin and Fresno Urbanized Area into compliance with federal and state Clean Air Act mandates, the City of Fresno has amended its building code(Fresno Municipal Code Chapter 13)to prohibit installation of woodburning appliances in new dwelling units. Therefore, no wood-burning fireplaces, wood stoves, or wood-burning fireplace inserts will be permitted to be installed in the homes in this project. Only gas-burning decorative appliances maybe installed. Compliance with this condition will be verified during construction plan check for dwelling units in this tract. F. 4. In order to take additional measures to bring the San Joaquin Valley Air Basin and Fresno Urbanized Area into compliance with federal and state Clean Air Act mandates, the Planning and Development Department is imposing the following discretionary conditions upon development of this project(many of the following measures would be required in a Fugitive Dust Control Plan required by SJVUAPCD Regulation VIII): a. On-site vehicle speed shall be limited to 15 miles per hour(mph)during construction of this project. b. All areas with vehicle traffic shall be watered at least twice daily during construction of this project. c. Unpaved roads and vehicle parking areas shall be treated with a dust palliative(a material approved by the Public Works Department or the SJVUAPCD)during construction of this project. d. Streets adjacent to the project site shall be swept as needed to remove deposited dirt and silt,which may have accumulated from construction activities or stormwater runoff. Special Permit Conditions CUP C-03-169(relating to T-51691UGM,a single family planned unit development subdivision) February 4,2004 Page 18 F. 4. e. All clearing,grading,earth moving,or excavation activities shall cease during periods of wind speed greater than 20 mph avera9e over one hour. f. All bulk material transported or stored for construction of the project shall be either sufficiently watered or covered to minimize dust. g. Construction equipment engines shall be maintained in good condition and proper tune per manufacturer's specifications. h. From August to October,the construction period shall be lengthened so as to minimize the number of vehicles and equipment operating at the same time. Attachments: Appendix A,Design Guidelines from the 2025 Fresno General Plan City of Fresno General Conditions of Project Approval,dated July 30,2003 Memorandum from the City of Fresno Department of Public Works, dated January 16,2004 Memorandum from the City of Fresno Department of Public Utilities, dated December 17,2003 Memorandum from Fresno Fire Department,dated December 2,2003 Memorandum from City of Fresno Parks Division,dated January 7,2004 Letter from the San Joaquin Valley Unified Air Pollution Control District, dated December 3,2003 Revised letter from Central Unified School District,dated January 28,2004 Fresno Metropolitan Flood Control District Notice of Requirements,dated January 28,2004 with addendum provided January 22,2004. Letter received from the California Department of Transportation District 6 dated December 5,2003 City of Fresno Environmental Finding of consistency with Master Environmental Impact Report(MEIR)No.10130 and Mitigation Monitoring Checklist Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 19 Appendix A SPECIAL PERMIT CONDITIONS OF APPROVAL Conditional Use Permit No.C-03-169 DESIGN GUIDELINES ADOPTED FOR THE 2025 FRESNO GENERAL PLAN �. SITE DESIGN PURPOSE OF SITE DESIGN: Promote the improvement of the visual and built environment GENERAL CONSIDERATIONS 1. Site Design combines the three elements of development: 1)buildings; 2)parking and circulation;and 3)landscape and amenities.These aspects must be in proper balance. 2. Buildings shall be designed and sited so as to provide a strong functional relationship to the site and the neighborhood. Required side and rear yards should be utilized and should be integrated into the overall purposeful arrangement. Inaccessible yards and similar outdoor spaces which tend to encourage storage,gathering of trash,and weeds shall be avoided,unless approved by the Director. 3. Natural site amenities shall be recognized. Views,trees,creeks and similar features unique to the site should be preserved and incorporated into development proposals. Such features shall be considered as strong site design determinants. Disruption of existing natural features,particularly older trees,shall be minimized. 4. Building setbacks must relate to the character of the existing streetscape. Where existing streets have been widened, thereby changing setbacks, field analysis of setback needs should be required for new buildings. 5. Site designs shall not negatively impact the immediate environment of the site. 6. Separate vehicular and pedestrian circulation systems shall be provided for larger projects. Pedestrian access to residential developments generally shall not utilize driveways and pick-up areas. Pedestrian linkages between uses in commercial developments shall be emphasized,including distinct pedestrian access from parking areas in large commercial developments such as shopping centers. 7. Provision must be made for bicycles. Bicycle parking in residential developments should be on an all-weather surface and be located close to dwelling unit or residential development entrances. Bicycle parking shall be lockable. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 20 8. On larger commercial sites such as shopping centers,a portion of the total building area -- shall be located at the street perimeter. Such siting,together with substantial landscape treatment,reinforces and strengthens the streetscape,and helps to screen off-street parking areas. 9. Common driveways, which provide vehicular access to more than one site,are encouraged. 10. Site development shall give consideration to solar access and/or energy efficiency. 11. The siting and orientation of buildings shall respond to the pedestrian and vehicular nature of the street. Buildings on streets of high pedestrian use(such as downtown) should face on,and be directly accessible from,the sidewalk.,with minimal interruption by driveways or parking areas. Buildings on streets with heavy vehicular traffic, particularly those with no on-street parking,should provide a major entry for the off- street parking area. 12. Off-street parking facilities need to be located to the rear of sites. Street frontages should be devoted to building architecture and landscaping. Parking should be screened from the street with mounds, vegetative screening, low wall, fencing, or lowered parking grade. (Refer to III.LANDSCAPING,No.15). 13. Screening and buffering,as well as good design, needs to be used to mitigate the effects of trash areas,storage areas,service yards,loading docks and ramps,electrical and other utility boxes, mechanical equipment, and other necessary but unsightly aspects. II. BUILDING DESIGN PURPOSE OF BUILDING DESIGN Development shall improve the visual and built environment of the neighborhood and the City as a whole. GENERAL CONSIDERATIONS 1. No single theme is required in Fresno. Themes may be established for selected parts of the community.They are directed more toward standards of quality and compatibility than toward achieving a uniform appearance. 2. Architectural consistency should exist between all building elevations of a particular structure or complex of structures, including consistent use of materials. Fagade treatments shall consistently encompass all building sides. "False"or"decorative" fagade treatments shall be avoided. All elevations need not look alike;however,an overall architectural sense must occur. 1 Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 21 3. Visible rooftops should be treated as building elevations. Such rooftops should be free of mechanical equipment"clutter"in situations where it may be visible from surrounding buildings or structures. Rooftop mechanical equipment is not prohibited,but its design and screening should be incorporated into building design. For example, HVAC non-transitional ducts shall be below the roof structure. 4. Mechanical equipment,including wall air conditioners,should be screened from public view. The design of mechanical equipment screening should be compatible with,and an integral element of,the building structure. Rooftop screening and other mechanical equipment screening should be a minimum of 12 inches higher than the equipment itself. 5. Add-on components such as utility meters,ladders,vent pipes and similar features need to be identified in site plans and not placed as an afterthought in full public view unless screened in an acceptable manner. 6. All proposed buildings or structures should be compatible with the neighborhood character. Building design, however, need not be unduly constrained or limited by structures on adjacent sites. 7. All buildings on the same site should have strong spatial and architectural relationships. When the first portion of a site area is to be developed, a concept plan shall be submitted for the entire site. S. All building design should achieve a sense of human scale. Wall insets,balconies, window projections,etc.are examples of building elements which may help reduce the scale of larger buildings. 9. Materials should be relatively permanent,requiring minimum maintenance in order to avoid deterioration. 10. Building entries should be protected from the elements and should afford a"sense of entry"for the structure. 11. All designs should be responsive to energy consideration. When energy-conserving devices such as solar heat collector panels are utilized, such devices should be designed as visually integral parts of the structure. 12. Modified standards may be considered fortemporary buildings are structures,which are guaranteed to be removed from the site within six(6)months. 13. Each phase of a phased development should be visually complete.Temporary barriers/ walls should be painted and trimmed to compliment the permanent construction. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 22 14. Where buildings are on the border between different uses, there needs to bean appropriate transition. 15. Standardized and corporate design elements must be modified to be consistent and integrated with the surrounding environment. 16. The design of fencing,trash enclosures,and similar accessory site elements should be compatible with the architecture of main buildings and should use asimilar palette of materials. 17. Masonry walls and allowable chain link fences shall be designed to accept vegetation, to reduce monotony,and to prevent irregular or unsightly lines. III. LANDSCAPING PURPOSE OF LANDSCAPE: Landscaping shall be used to improve aesthetics,to soften the harshness of the urban setting,and to create a pleasant human environment. GENERAL CONSIDERATIONS: 1. All site development shall include landscaping, except where determined to be impossible by the Director. 2. Landscaping shall be designed to provide a strong relationship between the site,street frontage,and neighborhood. 3. There-should be a consistency of landscape design through a development. All areas within a development need not be identical. Among other things,different landscape themes may be utilized in larger developments to delineate spaces,strengthen a sense of place,and to add movement. Such themes should be consistent within a site. 4. Landscape plans shall indicate all proposed site elements,such as outdoor lighting, signage,fencing,site furnishings,and other site elements. 5. Where possible,existing landscape elements should be incorporated and preserved. Healthy mature trees and tree groupings shall be preserved as design determinants. In sites with mature trees,the development plan,elevations,and landscape shall be required to protect existing trees. Mature trees on project sites shall be protected and preserved as per City of Fresno tree preservation standards. 6. Landscaping shall be incorporated into building and site design. Trellises,arbors,and multilevel type landscaping should be considered. Special Permit Conditions CUP C-03-169(relating to T-5169/UGM,a single family planned unit development subdivision) February 4,2004 Page 23 7. All projects, including exterior modifications,are subject to street tree requirements. Street trees shall meet City requirements. 8. Live plant material shall be used in all landscaped areas. Imitation vegetation is not acceptable. 9. Gravel,colored rock,bark,and similar materials may be used in conjunction with,but not instead of,living ground cover and vegetation. Brick,cobblestone,and wood can be integrated into pathways and edges where appropriate. 10. Public and employee parking areas shall be landscaped. Such landscaping shall include perimeter screening and interior shading as per City standards. 11. Automatic irrigation is required for all landscape areas;surface piping and tubing are not allowed. 12. Irrigation heads shall not overspray walks,buildings,fences,streets,etc. 13. All property owners shall maintain landscaping consistent with these guidelines. 14. Required setbacks for buildings and landscaping may be averaged,but not less than one-half of the required setback. Proposals for less than one-half of the required setbacks may be considered through a reduced-fee Variance application process. 15. Major street landscaping shall include all of the following: • Double-row,large-scale 20'-on-center tree canopies within public and private landscape areas(curb to end of landscape setback) • Screening of parking through eye-level(as seen from an automobile) design elements, including but not limited to landscaping, fences, artwork,water features,etc. • One hundred percent screening/blocking is not mandatory. Green shall be emphasized:plant material,size,type,and location. • Project entry/gateways defining sense of place shall be emphasized. Special Permit Conditions CUP C-03-169(relating to T-51691UGM,a single family planned unit development subdivision) February 4,2004 Page 24 IV. SIGNAGE PURPOSE OF SIGNAGE: Sin are intended to identity the location of a place or business or residential development. GENERAL CONSIDERATIONS 1. Sign information is to be limited to the identification of the business name and,when necessary,the business function and business logo. Product advertising shall not be permitted. 2. Signs should be simple and easy to read. 3. Signs are to be limited to the minimum necessary for the proper use of the site. 4. Signing and related graphics must relate to the overall building and site design. Signing considerations should be made.during the building design stages so that signage and graphics are architecturally incorporated into those buildings. 5. Unusual architectural features(such as the"golden arches")used as a logo shall be considered and reviewed as part of the sign proposal. 6. Use of individual letters for all signing is preferred and encouraged over cabinet signs. Where cabinet signs are utilized,such cabinets must be an integral design element of the building or structure. 7. Master sign programs shall be prepared for multiple-occupancy buildings. S. Complete sign programs for entire buildings or building complexes should be included with the architectural review of a signing request for any portion of a multiple-occupancy building. This also applies to existing buildings without any sign program. A long-term sign program must be established. 9. The light source of externally illuminated signs should not be visible. 10. Murals shall be subject to sign review. City of July 30,2003 rf�lc-a-_ILNmow i► GENERAL CONDITIONS OF PROJECT APPROVAL PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS All construction required by the City of Fresno Public Works Department shall be in accordance with the adopted Standard Specifications and adopted Public Works Department policies. SHEET NO. Concrete Driveway Approaches: Residential P-1 and P-4 Commercial P-2 and P-4 Sidewalks,Curbs,and Gutters: P-5 and P-7 Curb Radius P-24 through P-27 Street Paving P-42 and P-43 Parking area surfacing P-34 Parking Lot Paving/Drainage: P-41,P-42,and P-43 Solid masonry wall P-29 or p-30 Alternate: Structural design approved by the Development Department. Curb and wheelchair ramps P-28 and P-24 through P-27 On-site drainage to public street P-35 and P-36 Water backflow prevention devices W-11 or W-12 STREETS If dedications for streets, easements, or rights-of-way are required, the deed shall be prepared by the owner/developer's engineer,approved by the City,and recorded prior to issuance of permits. Property owner signatures and signatures for any required subordinations shall be notarized. Fully executed deeds with attached subordinations,any required title reports, and appropriate fees shall be submitted to the City of Fresno for review prior to recordation by the City. Per Fresno Municipal Code Section 12-306-N-9, no projections (including eaves or structures)are permitted in street rights-of-way,unless an encroachment is approved by the City of Fresno Department of Public Works and Planning&Development Department. City of Fresno General Conditions of Project Approval July 30,2003 Page 2 Any relocation of existing utilities required because of reconstructiontnew construction of the curb return radius at the intersection shall be the developer's responsibility. If permanent street lighting is required,the developer shall prepare street lighting plans and submit them to the Department of Public Works Engineering Division for approval. If off-site street improvements are required,the developer shall submit engineered street improvement plans to the Public Works Department Engineering Division forrapproval.. Any construction on State highway rights-of-way must conform to both City of Fresno and State Department of Transportation Specifications. Obtain an encroachment permit from the Cal-Trans District 6 office. OFF-SITE CONCRETE WORK In situations where sidewalks are to be constructed in a solid pattern,tree wells may be required. When required,construct tree wells at locations indicated on the exhibit map. Place a one-inch concrete cap over the well for future tree planting. Remove any abandoned driveway approaches and driveways and reconstruct the sidewalk,curb,and gutter across the opening;match the existing improvements. Repair all damaged and/or off-grade concrete street improvements as determined by the Public Works Construction Management inspector prior to occupancy. SEWER.WATER.AND DRAINAGE If a sewer main extension Is required,submit engineered sewer construction plans to the City of Fresno Department of Public Works Engineering Division for approval. If a water main extension is required,submit engineered water main construction plans to the City of Fresno Department of Public Works Engineering Division for approval The drainage and grading plan must be reviewed and approved by the City of Fresno Planning and Development Department and by Fresno Metropolitan Flood Control District. UTILMES Underground all existing off-site overhead utilities within the limits of this site/map as per Fresno Municipal Code Section 12-1011,Section 8-801,and Council Resolution Nos.78-522 and 88-229. City of Fresno General Conditions of Project Approval July 30,2003 Page 3 PLANNING&DEVELOPMENT DEPARTMENT GENERAL REQUIREMENTS SPECIAL PERMIT APPROVAL PROCESS-GENERAL Submit three copies of revised exhibits,incorporating all corrections,for the special permit file. Transfer all noted corrections and additions from special permit exhibits and conditions to construction plans submitted for plan check and construction permits. If development of any phase is proposed to be modified from the approved special permit exhibits,submit an application for amended or revised special permit. UTILITY EASEMENTS: Indicate all utility easements on the plot plan. Per Fresno Municipal Code Section 12-306-N-9, no projections (including eaves or structures)are permitted in public utility easements,unless an encroachment is approved by the City of Fresno Planning and Development Department. ON-SITE PARKING: Design and construct parking lot geometrics in accordance with the City of Fresno Parking Manual and Fresno Municipal Code Section 12-306-1. All required signing and striping for parking lots and driveways shall be done and paid for by the developer/owner. LANDSCAPING AND AESTHETICS Landscape plans are required to clearly indicate plant materials,size,and spacing,as well as landscape irrigation system details such as pipe sizes and fittings/fixtures. Final corrected landscape plans are to be submitted with each set of construction plans and one additional set is to be provided for archiving in the special permit file. Landscaping is required to be installed prior to occupancy. Provide screening of all mechanical equipment, method to be approved by the City of Fresno. Projects shall implement design standards adopted with the 2025 Fresno General Plan. City of Fresno General Conditions of Project Approval July 30,2003 Page 4 FRESNO REDEVELOPMENT AGENCY GENERAL REQUIREMENTS Obtain Fresno Redevelopment Agency approval of projects located in redevelopment project areas. Implement adopted redevelopment agency design standards as applicable. The Agency's stamp of approval must appear on special permit final corrected exhibits submitted with construction plans:site plans,elevations,and landscape plans. DEC. 5.2003 2:34PM CRL TRANS PLANNING NO.OGS P.1/3 57ATF OF CAL/FORMA—AUSENFSS TRANSPo UAT10N1A'}DNOU$^iGACLN=___ ARNOI DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 _ FRESNO,CA 93778-2616 PHONE(559)445-6666 2nd 7Re v("S FAX (559)488-4068 Post-1P Fax Note7671 dace 14 off0. plczyvarparrt TTY (559)48E-4066 ' From Be energy ejfetent' co.tpe - _ C o. rcW15 Phorq R Phone o December 5,2003 Faxa Fea R 2131-IGR/CEQA 6-FRE-99-23.8+/- T-5169,R-03-47&C-03-169 PATRIOT HOMES Ms.Sandra Brock �( City of Fresno Development Department �✓ ��WW ENE��D 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 DEC 0 5 7003. Dear Ms.Brock: DEVELOPMENT DEPARTMENT CITY OF FRESNO We have reviewed the tract map,rezone and use permit application for the proposed single family residential project(99 SFRs)on the south side of West McKinley Avenue between North Polk and North Cornelia Avenues. Caltrans has the following comments: The proposed rezone,in and of itself, is not expected to create significant impacts to the, State Highway System_ However, the City should be aware that continued land use changes have the potential to create cumulatively Significant impacts to both transportation and air quality. As cumulative impacts were not addressed in the General Plan Update- Master EIR,the City should consider a mechanism for evaluating these impacts. Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Demand will eventually exceed capacity even with improvements to the existing system. We recommend that the City of Fresno focus on ways to eliminate trips in addition to enhancing capacity. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. We recommend the City consider including standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility "Calwa s improves mo5iltry across Caltlornia" DEC. 5.2003 2:35PM CAL TRANS PLANNING N0.068 P.2i3 Ms.Sandra Brock December 5,2003 Page 2 or commercial area parldng lot and be shuttled to various commercial/office centers within the area. Commuters who teed to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle(SOV)demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the ttansportation/eirculation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as a condition of project approval. This could be accomplished through a number of different avenues. This type of condition could potentially increase ridership, decrease the number of single occupancy vehicles utilizing the transportation/eirculation system, and serve.as mitigation for air quality .impacts. We also request answers to the following questions: 1. What actual timeframe does the new General Plan cover? Caltrans has been asking the City for clarification on this issue due to comments made by Mr. Nick Yovino at the General Plan Update hearing, November 19, 2002, and subsequent comments made by various City staff members. Mr.Yovmo has stated that not all of the General Plan will be implemented, hence the need to create the implementation plan and the need to set priorities. Our question is what timeframe is involved in implementing the entire General Plan as written,not just portions of it. 2. Is it anticipated that full build-out of the General Plan will occur within this timeframe? See explanation for Number 1 above. 3. What is the estimated timeframe to achieve the population estimate as included in the General Plan? Caltrans has been asking the City for clarification on the population estimate as it is unclear whether or not the City can achieve the estimate without implementing all of the General Platy policies. Does this impact the timeframe needed to achieve the population estimate? "Cdnau b"ro er—Wiry 00"coward." DEC. 5.2003 2:35PM CRL TRANS PLANNING N0.056 P.3/3 Ms.Sandra Brock December 5,2003 Page 3 4. Will the Mid-Rise/High-Rise Corridor exist within the estimated timeframe to reach the above population estimate? Caltrans has been asking the City for clarification on this issue due to comments made by Mr. Nick Yovino and various City staff members that the Mid-Rise/High-Rise Corridor could take as long as one hundred years to implement. As this component of the General Plan appears to be essential to accommodate the predicted City population and to make transit a viable alternative, it is essential to reviewing agencies such as Caltrans-to understand the City's position on implementation. 5. Is the Mid-Rise/High-Rise Corridor necessary to accommodate the. estimated population? In evaluating the General Plan, it appears that the Mid-Rise/High Rise Corridor is essential to accommodate the predicted City population; however, based on staff comments,Caltrans is uncertain of the City's intent. Please respond in writing to our request at your earliest possible convenience. We request that this letter be made part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff reports)to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C.Ms Barbara Goodwin,Council of Fresno County Governments "Cahrm improves mobil(ry ocros3 Caf(fornia" IIAN.29. 2004 12:16PM CENTRAL UNIF BUS OFC N0.2908 P. 1 R4AL tr�'1 CENTRAL UNIFIED SCHOOL DISTRICT •60.4 NORTH FOLK Ave•Pa65NO.CA 437323334•(359)27R.5200 N �j DISTRICT SUPERINTEMENT X01. IDD - Larry L.Powell REVISED JanuarYY,2004 Sandra Brock TRUCk* rubs STS: City of Fresno-Planning Division Toy C'M 2600 Fresno St. Judith Gr rWW Fresno CA 93721-3604 Thenar Ha" rnanaM4ie. Fax:(559)488-1020 Phu FIWWW Make rads Subject:VTT 5169 Central Unified School District has the followuigreviscconditions(specifically#2)for V esting Tentative Tract Map 5169: Conditions: " I. Concrete sidewalks/curbalguttw3 on both sides of the interior streets should be required in a manner consistent with the existing subdivisions in the arca and to City standards. 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 and/or bus loading area. 2. Designate"OurlotA",as a School Bus Stop.Although interior subdivision streets are not typically used by District buses to load/unload students,utilization of this Oudot will eliminate traffic congestion caused by a stopped school bus with flashing red lights and reduce exposure of student to the high vehicle traffic speeds along McKinley Avenue. This would also provide a safe area for students waiting for the bus. 3. School Developer Fees shall be paid on all new residential construction on lots within the subject subdivision,in accordance with development fees adopted by the Central Unified School District,pursuant to Government Code section 65995 and Educational Code section 17620. Should you have questions or need additional information,please contact me at 559-276-5203. Sincerely, D ' eel Facilities Planning Manager GEOFFREY M.GARRATT JOHN MULLIGAN SARAN KOLIGIAN Assistant SU09rNMndeM.Persw ml Assistant Superintendent.susinew Assistant Sup9(intandant,Instruaftm (559)276.5224 (559)276-5200 (559)276-3115 FAX(559)276-2963 FAX(559)275.0394 FAX(559)276.3102 San Joaquin valley Air P0111-Ition Control District December 3.2003 689DEV2003 Sandy Brock Planning&Development 2600 Fresno St.,Third Floor Fresno,CA 93721-3604 Subject: T-5169,R-03-47,C-03-169(APN 312-101-44) Dear Ma Brock: The San Joaquin Valley Unified Air Pollution Control District(District)has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley is classified non-attainment for ozone and fine particulate matter(PM1D). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project,and others like it,cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. if you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at 230-5973, or contact CAL-OSHA at 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at http:Hwww.v all eyair.orq/rules/1 ruleslist.htm. 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17,2003 amendments to Rule 4901 where adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments.Specifically; §5.3 Limitations on 14'ood Burning Fireplaces or wood Burning Heaters in New Residential Developments. Beginning January 1,2DD4• 5.3.1 No person shall install a wood burning fireplace in a new residentl3l development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two(2)EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three(3)dwelling units per acre. 5.3.3 No person shall install more than one(1)wood burning fireplace or wood burning healer per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. Loa,•nl�.�����, Exrr un.•r Dig.-iri/Air rnnrl'OI ptlicvr a r;u�.• ,,n,.!, .. .;u r,�al i....c.,•n...�,,: n.,.,; .sn�•� 1,�1.',,itc I•-, _I:'ii S..-n-till'.i.1\'i.:�1'-:- .�- f'..'•i r:n-:,rl ih.i 1:��: _. -i jiff.: i._i ... >il .r.\'it.i, .._i .,,.i� `F Ms.Brock December 3,2003 T-5769,R-03-47,C-03-169 Page 2 2. District Regulation vill - Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity,including construction,road construction,bulk materials storage,landfill operations,etc.An assistance bulletin has been enclosed for the applicant, 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or bums agricultural material,it would be in violation of Rule 4103 and be subject to District enforcement action. 4. Paving operations of this project will be subject to Rule 4641(Cutback,Slow Cure,and Emulsified Asphalt,Paving and Maintenance Operations).This rule applies to the manufacture and use of cutback asphalt,slow cure asphalt and emulsified asphalt for paving and maintenance operations. There are a number of mitigation measures that should be incorporated into the design of this project to reduce the overall level of emissions. (Note:Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible). This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions,and to shade paved areas. A brochure has been included for the applicant. See ht oalwww.coolcommunities.ci htt 7llwww n r ov/cootcommunit Ist i s.html htto://www.imc.orii/bookstorelenerovEwnl. s/sly tree_auidelines.odf htip;//www.urbantree.org • If transit service is available to the project site,improvements should be made to encourage its use. If transit service is not currently available, but Is planned for the area in the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas,route signs and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks end bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas,parks,schools,residential areas, commercial areas, etc.,to encourage walking and bicycling. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles. Mid-block paths should be installed to facilitate pedestrian movement through long blocks or cul-de-sacs. Sidewalks should be designed for high visibility(brightly painted, different color of concrete, etc.)when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built or appropriated In anticipation of future growth. • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include(but are not limited to): Increased wall and ceiling insulation(beyond building code requirements) Energy efficient widows(double pane and/or coaled) High-albedo(reflecting)roofing material "Cool Paving" Energy efficient lighting and appliances Energy efficient water healers(such as instantaneous water heaterslindirect water heaters) Energy efficient heeting/cooling systems(such as radiant heating system) Awnings or other shading mechanism for windows Ms.Brock December 3,2003 T-5760,R-03-47,C-03-169 Page 3 Porch/Patio overhangs Ceiling fans,whole house fans Orient the units to maximize passive solar cooling and heating when practicable Utilize passive solar cooling and heating designs Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment Pre-wire the units with high speed modem connections/DSL and extra phone lines Natural gas fireplaces(instead of traditional open-hearth fireplaces) Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues Low or non-polluting incentives items should be provided with each residential unit(such items could include electric lawn mowers,reel mowers,leaf vacuums,gas or electric barbecues,etc.) Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site. etc. More information can be found at: httol/www.lge.orq htip://www.energy.ca.gov/roulcornmLinitylstrategies.html http:1/ee10 Ibl.gov/coolroof/ http Wwww,cons u merenergycenter,org/i nd ex.html h1tpJRwww sustain able.doe_gov/ • The project should include as many clean allemative energy features as possible to promote energy self-sufficiency. Examples include(but are not limited to):photovoltaic cells,solar thermal electricity systems, small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment. More information can found at http:/1vww.dsireusa.gfg1 http://rredc.nrel.qov/ http l/www energy.ca,govlrenewables! • Construction activity mitigation measures include: - Require construction equipment used at the site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel(15 ppm). Currently,California Air Resources Board(ARB)has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made,have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. Use alternative fuel construction equipment. Replace fossil-fueled equipment with electrically driven equivalents(provided they are not run via portable generator set). Install wind breaks on windward sides of construction areas. Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways,and"Spare the Air Days"declared by the District. Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information,please call Mr.Hector R.Guerra,Senior Air Quality Planner,or me at 230-5800. Sincerely, Chrystal Meier CEQA Commenter Central Region Enclosures C:File Fresno I II f 1 City of / PK �I� City Hall 559-621-8800 Pudic Works Depaernent 2600 Fresno Street,Rm 4064 Jon R.Ruiz,Director Fresno,CA.93721-3623 www.fresno.gov January 16,2004 TO: Sandy Brock,Planner III Planning and Development Department,Planning Division THROUGH: - Jose Luis Benevides,P.E.,Interim Transportation Manager 5 Public Works Department,Engineering Division FROM: Louise Monroe,Traffic Planning Supervisor Public Works Department,Engineering Division SUBJECT: TT 5169,Public Works Conditions of Approval The Public Works Department,Traffic Planning Section,has completed its review of Tentative Tract Map 5169,which was submitted by Patriot Homes.The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Handicap access ramps are required at all corners within the limits of this tract. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Frontage Improvement Requirements: Major Streets: West McKinley Avenue:Arterial,4-lane 1. Dedicate 25'of property for public street purposes within the limits of this development to meet the City of Fresno's Arterial Standards(110'-114'). 2. Construct concrete curb and gutter-and sidewalk to Public Works Standard P-5. Construct sidewalk to a ten(10)foot residential pattern. 3. Construct twenty(20)feet of permanent paving along the frontage within the limits of this development. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to West McKinley Avenue from all lots within this development. 1/1612004 C:\Louise\SUBDIVISION\T-5169.doc Interior Streets: Design and construct all curb,gutter,sidewalk(both sides),permanent paving,cul-de-sacs,and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for fifty(50)foot and fifty-four(54)foot streets. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Conditions Requirements: 1. This tract will generate 74 a.m./100 p.m.peak hour trips,therefore,a Traffic Impact Study(TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. Attached is an approved Traffic Impact Study previously submitted by the developer. 2. The intersection of a. West McKinley and North Forestiere Avenues shall be limited to right turns in and right turns out,only. b. North Barcus and McKinley Avenues shall be designed with a full median opening to allow for left turns in and left turns out. c. West Mckinley and North Barcus(southwest corner)construct a concrete wheelchair ramp per Public Works Standards, 3. Relinquish direct vehicular access rights to North Forestiere Avenue from the east property line of lot 46. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 5. North Barcus Avenue does not conform to City of Fresno Standards. A minimum of 54 feet of right of way is required. Reference Public Works Standard API-1. (Suggestion:continue North Barcus northerly through the well site by re-establishing lot lines with this map. Water Division has been made aware of the situation and is willing to relocate if Pump Station 179 can keep the same square footage.They would also expect the developer to cover all costs associated with any necessary land transaction(ie.preparation of legal descriptions,EA,recording,etc.)and obtaining a new Conditional Use Permit for the well site,if required. Provide a new design to incorporate the proposed bus bay. 6. Eliminate the dead-end at the corner of West Pine and North Forestiere Avenues by creating lots similar to Lots 17 and 18. UGM Requirements: This Map is in UGM major street zone E-4;therefore pay all applicable UGM Fees. West McKinley Avenue:Arterial 1. Construct two center 17-foot travel lanes and a raised concrete median island within the limits of this development. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 mph design speed. 2. From the west boundary of this tract connecting to Polk Avenue,a distance of approximately 1300 feet,the developer shall be required to construct the two center 17-foot lanes plus 12-feet of additional paving for left turn lanes for west bound traffic at Polk. All left turn lanes shall be constructed with median island curb at the noses. CC:Traffic Reading File 1/16/2004 -2- C:\Louise\SUB DIV ISION',T-5169.doc City of %arl 11410 PUBLIC UTILITIES DEPARTMENT Date: December 17,2003 To: ,Planner II Planning and Development Department,Current Planning Trough: JIM J.BIER,Chief Engineering Technici / Department of Public Utilities,Planning fid Oggtanng From: GREG CONTRERAS,Senior Engineering Technician ] Department of Public Utilities,Planning and Engineering Subject: SANITARY.SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRAGI NO.5169/UGM General The subject site is located on the south side of West McKinley Avenue between North Polk and North Cornelia Avenues.The subject tentative tract map proposes to create 99 single-family residential lots on 19 acres.Existing zoning is AE-5/UGM.Proposed zoning is R-1/UGM. Sanitary sewer service A 45-inch sanitary sewer main is located in West McKinley Avenue to serve the proposed tract. The following conditions are required to provide sanitary sewer service to the tract. 1. Separate sewer house branches shall be provided for each lot created. 2. Public sewer facilities shall be constructed in accordance with Public Works Department standards,specifications,and policies. 3. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. Urban Growth Management I. Tract 5169 is located in UGM Oversize Sewer Reimbursement Area 25. Water service A 14-inch water main is located in West McKinley Avenue to serve the proposed tract.The following conditions are required to provide water service to the tract. 1. Separate water services with meter boxes shall be provided to each lot created. 2. Construct a water supply well(s)on a site(s)dedicated to the City of Fresno.The well(s)shall be capable ofproducing a total demand of 1,000 gallons per minute,sufficient to serve peak water demand for the project.Well sites shall be of a size and at a location acceptable to the Water Systems Manager.Construction of the well shall be reimbursed from UGM Water Supply Well Service Area Fund 301s,in accordance with established UGM policies. 3. Water well construction shall include wellhead treatment facilities,if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fund for the area.The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 301s,in accordance with established UGM policies. 4. Two independent sources of water,meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof.The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells,or other acceptable sources of water supply approved by the Water Systems Manager. 5. Install City standard fire hydrant(s)along subdivision frontage. 6. Public water facilities shall be constructed in accordance with Public Works Department standards,specifications,and policies. Urban Growth Management 1. Tract 5169 is located in U.G.M Water Supply Area 301s. 2. Tract 5169 is located in Wellhead Treatment Service Area 301s. 3. Tract 5169 is located in 1994 Bond Dept Service Area 301s. City of FRESNO FIRE DEPARTMENT DATE: MEMORANDUM TO: FROM: S ,rte SENIOR FIRE PREVENTIION INSPECTOR SUBJECT: a M� /..ewtpt�ue TRACT NO. MEETING OF (DATE): /1Z— -d-3 Fire Department Comments are as follows: 1z 1. This project is within 3 miles of Fire Station No. �. V2. This project is subject to UGM Fire service fees for Fire Station No. /1K. 3. Provide (c—ep (residential hydrants and fire flows per Public Works Standards with two sources of water. 4. Access is acceptable as shown. 5. Access is not acceptable: 6. This tract is in the Station 21 UGM Fee area and is required to be annexed to the Community Facilities District No. 1. 7. Other: 2543I/78I PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Sandy Brock,Planner III Planning Division FROM: Nancy Morrison,PARKS PLANNING COORDINATOR,(559.621.2927) DATE: January 7,2004 Subject: Tentative Subdivision Map T-5169 The Parks,Recreation and Community Services Department has reviewed the Tentative Subdivision Map proposed by Patriot Homes on plans prepared by Harbour and Asosciates. Parks offers the following comments regarding the street tree,buffer/parkway strip,and trail conditions... 1. STREET TREE REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60'of street frontage. The subdivider is required to provide street trees on all public street frontages and buffer landscaping easements. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: West McKinleyAve Koelruetaria paniculata,(Golden Rain Tree) West WeathermakerAve. Celtis australis,(European Hackberry) West Oslin Ave. Celtis australis,(European Hackberry) West Home Ave Celtis australis,(European Hackberry) N.Barcus Ave. Pistacia chinensis,(Chinese Pistache) West Pine Ave. Pistacia chinensis,(Chinese Pistache) N.Forestiere Ave. Pistacia chinensis,(Chinese Pistache) West Carmen Avenue Pistacia chinensis,(Chinese Pistache 2. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS A. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way on West McKinley Avenue. B. Buffer Maintenance Throueh Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Parks Division for review and approval prior to a Council approval of the final map. THE LANDSCAPE BUFFER PLANS WILL ALSO BE INCLUDED WITH THE TRAIL PLANS AND SHOULD SHOW DESIGNATION OF THE EXISTING OLIVE TREE LOCATIONS. Plans shall be numbered to conform to and be included in the Public Works Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2,1990. Landscape and irrigation plans shall comply with Sections 12-306-N- 23&24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but 5 Perks Npnt .commviu T•SIN T�npY,B PYP )—ry B.2W4 PR the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with l'of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1,including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right of way,within the city controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. As an alternative to the CFD2,the subdivider may form a Home Owners Association for the long term provision of maintenance of the landscape buffers and rights-of-way. 3.OUTLOT"A" A. Public Works requires Outlot"A"to be filled with concrete as it is designated as a bus stop. Parks assumes no responsibility for maintenance of Outlot"A. File No.210.4? FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr.Alan Kawakami,Chief Engineering Tech.McKINLEY VENTURES,LLC Development Services Department 8383 WILSHIRE BLVD.,STE.1000 City of Fresno BEVERLY HILLS,CA 90211 2600 Fresno Street - Fresno,CA 93721 MAP NO. 5169 PRELIMINARY FEE(S)(See below', DRAINAGE AREA(S) " CK CI " DRAINAGE AREA CK $103,854.00 DATE (—iQ—n l DRAINAGE AREA CI 55,269.00 TOTAL FEE S109,123.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to ML approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan stone drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. see 5469 E.OLIVE- FRESNO,CA 93727-(559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT ' NOTICE OF REQUIREMENTS Page 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 Distrito Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 4-22 C. The grading and drainage patterns shown on the site plan conform to the adopted Stone Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No.1 as"Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water&Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. 110 5469 E.OLIVE- FRESNO,CA 93727-(559)456-3292-FAx(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page;of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing five or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. Mi a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved August 1999,(modified December 2002.) A State General Construction Permit is required for all clearing,grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of hmtent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train employees O in permit compliance,and complete an annual certification of compliance. ML b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April,1997(available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing:trucking; recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. 110 5469 E.OLIVE - FRESNO,CA 93727- (559)456-3292 - FAx(559)456-3194 Two sided documeni 4 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to.select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non- storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakemsn, Project Engineer: Ridkty&T District Engineer,Assistant General Manager C: HARBOUR&ASSOCIATES 375 WOODWORTH,STE.103 CLOVIS,CA 93612 5169 5469 E.OLIVE- FRESNO,CA 93727-(559)456-3292 - FAX(559)456-3194 Two sided domnent NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. BASIN "Cl" McKINLEY AVE. p "CI" a a" "CI" L 7"'T I i I o X16 Q I - I I a J 24" W Z �I 0 18" \ \ —_ LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. OPTIONAL MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) ELIGIBLE FOR FEE CREDIT FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE INLET BOUNDARY SCALE 1"=300 — —DRAINAGE AREA BOUNDARY — EXISTING FENCE ® TEMPORARY INLET TO BE CONSTRUCTED BY DEVELOPER (ELIGIBLE FOR FEE CREDIT) TRACT 5169 EXHIBIT N0. 1 DRAINAGE AREA: 9 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT J:\E"GivECRivL\wuiOcwL\LwGS\LExwBi1\lMCi\Si69 GwG N�R/D 12I14J Rn OTHER REQUIREMENTS EXHIBIT NO.2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. A fifteen-foot(15')wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including,but not limited to,foundations,roof overhangs,swimming pools,and trees. The easement may be slightly realigned to accommodate future development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment,and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. Development No. Tract 5169 -gr,perm¢re,,hibit-'\v 1%5169(r1) JAN-21-2004 WED 02:34 PH FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 01� .si FRESNO METROPOLITAN FLOOD CONTROL DISTRICT BUILDING 2 DATE: 1 IZt k4 TO: '54gG1r gROGk FAX NO.: FROM: Number or pages in this transmission: (Including this page) COMMENTS: GetJP( FIEF-Ea 1t2. —04 is MORNWa 10 1-IeI22 K A QF--►'NE EY-1ttgrr 14[2M 'ILIAT WILL- 6E 1t14C"JP6T.> WM4-TW t.lc1`rhe5 -MA417 5169 4 GtJP 2003-l69 I -rALVg > wt-OA 1A&0§QtA-' Aa-par LT -JC>-rl--cox "*;Wnu L d k r-r Oc- s►J s� ]EY lT CALL hAe IF `no "Awe A� Q IJ EST t dt.LS JAN-21-2004 WED 02:34 PN FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 02 The District recommends a stub street to the south of Tract 5169.If the stub street is not constructed,the Developer will be required to provide a drainage channel,and associated calculations,to convey major storm flows from Tract 5169 to the south to Lamona Avenue. CITY OF FRESNO-ENVIRONMENTAL ASSESSMENT/INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 101 Pursuant to Section 21157.1 of the California Public DATE RECEI H'F ING Resources Code(California Environmental Quality Act) the project described below is determined to be within the 2694 IAS! 12 AM 9 08 scope of the Master Environmental Impact Report(MEIR) CITY CLERK,FRESNO Cr No. 10130 prepared for the 2025 Fresno General Plan. Initial study is on file at: Planning and Development Department Fresno City Hall Rm 3043 2600 Fresno Street, Fresno,California 93721 (559)621-8277 Environmental Assessment Number: Project Location(including APN): APNs 312-101-44 and 312-101-43T T-5169, R-03-47, C-03-169 south side of West McKinley Avenue Between N.Polk and N.Cornelia Avenues Applicants: Patriot Homes(subdivider) Initial Study Prepared By: McKinley Ventures LLC(owner) Sandra Brock 8383 Wilshire Boulevard Ste 1000 Planner Beverly Hills,CA 90211 Project Description: Vesting Tentative Tract Map No. 5169/UGM requests subdivision of approximately 19.5 acres of currently vacant land(APN 312-101-44) into 99 single-family residential lots with one outlot,along with installation of related infrastructure for tract access and utility services and subsequent construction of homes, walls, fences, and landscaping installation. Some adjustment of property boundaries between the applicant's property and an adjacent approved City water well site (APN 312-101-43, approximately 0.21 acres in size) will be required in order to provide for adequate street width. Rezoning Application No. R-03-47 would change the zoning of both parcels from Fresno County RR (Rural Residential) to City of Fresno R-1/UGM (Single-Family Residential District/Urban Growth Management Area). Annexation to the City of Fresno is required for perfection of this rezoning and development of this project. Conditional Use Permit No.C-03-169 would authorize Vesting Tentative Tract Map No.5169/UGM to be a planned unit development served by public streets,with some lots (fewer than 25%of the lots)smaller than 6,000 square feet and with specified building elevations,floor plans,and landscaping. Conformance to Master Environmental Impact Report(MEIR NO.10130): The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested vesting tentative tract map,rezoning,and conditional use permit in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The proposed subdivision would have a density of 5.11 dwelling units per acre,making the tract map and conditional .s . y` Finding of Conformity Under MEIR No. 10130 Environmental Assessment No.T-5169,R-03-47,C-03-169 Page 2 January 12, 2004 use permit consistent with the Medium-Density Residential land use designation applicable to the subject property(this plan designation allows for R-1 zoning and provides for a range of 4.99 to 10.37 dwelling units per acre). With the incorporation and implementation of project conditions for the trap map and conditional use permit, this development is not expected to adversely impact existing city or special district service systems,nor is this project expected to adversely impact the traffic circulation system that serves the subject parcel and other area property. A traffic study has been prepared for this project and has been reviewed and approved by the City of Fresno Public Works Department Transportation Planning Section. Fire protection and suppression conditions have been verified by the Fresno Fire Department. Adequate water and sewer service capacity have been verified by the City of Fresno Department of Public Utilities,and conditions relating to utility infrastructure construction have been applied to the project. Adequate public school facilities have been verified by the Central Unified School District,which is requiring payment of school construction fees for residential building permits. It has been further determined that all applicable mitigation measures of MEIR No.10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts,and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code(California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal,the environmental impacts noted in the MEIR,per the 2025 Fresno General Plan land use designations, include impacts associated with the medium- density residential land use designation, the consistent R-1/UGM zoning requested for the subject parcel,and the development of single-family residential subdivisions within the density range Indicated for the planned land use. Based on this initial study,the project does not change the land use indicated for the subject parcels; it will not generate additional significant effects which were not previously identified by the MEIR; and no new additional mitigation measures are required. Therefore,the project proposal is fully within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. As lead agency for this project, the Planning and Development Department has determined, per. Section 15177(d)of the CEQA Guidelines, that all feasible mitigation measures from MEIR No.10130 shall apply to the project proposal as noted in the attached Mitigation Monitoring Checklist. Public notice is being provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code(CEQA provisions). 0— M16W"- 0-/// ,- Darrell Unruh iDate Planning Manager,City of Fresno Attachments: EA Checklist for T-5169,R-03-47,C-03-169 Mitigation Monitoring Checklist for Environmental Assessment No.T-5169,R-03-47,C-03-169 ENVIRONMENTAL ASSESSMENT CHECKLIST EA No.T-5169, R-03-47, C-03-16� Potential Environmental Effects 1.0 TOPOGRAPHIC SOIL GEOLOGIC 12.0 HAZARDS 1 1.1 eo ogic azar s,unsta a sof conditions 1 12.1 Fskoplosion or release of hazardous 1 1.2 Adverse change in topography or ground surface relief substances 1 1.3 Destruction of uniquegeologic or physical features 1 12.2 Site subject to flooding 1 1.4 Increased water erosion 1 12.3 Adverse change in course of flow of flood waters 2.0 AIR QUALITY 1 12.4 Potential hazards from aircraft accidents 1 2.1 enerates su stantial indirect source pollution 1 12.5 Potential hazards from landfill and/or toxic 1 2.2 Direct on-site pollution generation waste sites 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 13.0 AESTHETICS 1 2.5 Adverse local climatic changes 1 13.1str�6 acidic/scenic vista or view 1 13.2 Creates aesthetically offensive conditions 3.0 WATER 1 13.3 Removes street trees or other valuable 1 3.1 nsl uffici-ent groundwater for lo term project use vegetation 1 3.2 Uses large quantities of ground water 1 13.4 Architecturally incompatibile with 1 3.3 Wasteful use of water surrounding area 1 3.4 Pollution of surface water or groundwater supplies 1 3.5 Reduces groundwater recharge 14.0 CULTURAUPALEONTOLOGICAL 1 14.1 Hemoval of historic building,or disruption 4.0 PLANT LIFE of archaeological site 1 4.1e uFi- cd es numbers of any rare/unique/endangered 1 14.2 Construction or use activity incompatible W with adjacent historic site 1 4.2 Reduction in acreage of agricultural crop 1 4.3 Premature or unnecessary conversion of prime 15.0 ENERGY agricultural land 1 15.1 ses su stantial amounts of fuel or energy 1 15.2 Substantial increase in demand upon 5.0 ANIMAL LIFE existing sources of energy 1 5.1 e ucFfceces numbers of any rare/unique/endangered 1 15.3 Wasteful use of energy species 1 5.2 Deterioration/displacement of valuable habitat 1 6.0 HUMAN HEALTH--Potential for causing illnesses 7.0 NOISE Explanation of Ratings 1 7.1 noses existing noise levels 1 7.2 Increases exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available for this 1 8.1ro uctiP ion ofg glare, will adversely affect residential areas envicategorynandental pef'roect to determine the potential ects which may result fromr � 1 8.2 Exposure of residences to high levels of glare the proposed project. 9.0 LAND USE 1 9.1 ncompati a with adopted plans and policies 1" No Significant Environmental Effect 1 9.2 Accelerates growth rate 1 9.3 Induces unplanned growth In this category,the proposed project will not 1 9.4 Causes adverse change in existing or planned area have an adverse environmental effect,or any characteristics such effect is not substantially unusual or of undesirable magntude. This rating is also 10.0 TRANSPORTATION AND CIRCULATION utilized in cases where the category is not 1 10.1 Ueneration of vehicle tra7i-c-sutticient to cause capacity applicable to the project under consideration. deficiencies on existing street system 1 10.2 Cumulative increase in traffic on a major street for which "2" Moderate Environmental Effect capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists,bicyclists,or In this category,the proposed pro ect could pedestrians have an adverse environmental e�fect which is 1 10.4 Routes non-residential traffic through residential area of sufficient magnitude to be of some concern. 1 10.5 Insufficient or poorly located parking However,this effect is not substantial enough 1 10.6 Substantial increase in rad and/or air traffic in itself to require preparation of an Environ- mental Impact Report,and is mitigable through 11.0 URBAN SERVICES project changes and conditions. 1 11.1 Availability of fire protection 1 11.2 Lack of emergency vehicle access "3"Sicnificantly Adverse Environmental Effect 1 11.3 Adequacy of design for crime prevention 1 11.4 Overcrowding of school facilities The environmental effect identified in this 1 11.5 Availability of water mains of adequate size category substantiates in itself,or contributes 1 11.6 Availability of sewer line and sewage treatment toward,a finding that the proposed project has capacity a potentially significant adverse effect on the 1 11.7 Availability of storm water drainage facilities(on or off- environment sufficient to require the site) preparation of an Environmental Impact Report, 1 11.8 Availability of adequate park and recreation areas 1 11.9 Unusually high solid waste generation s mHCL W m m �•� 3 54� edR m QILUa W LL Wim.. 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