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HomeMy WebLinkAboutT-5171 - Conditions of Approval - 3/10/2005 FINAL MAP CHECKLIST TRACT NO. 5171 / UGM City of PHASE I OF VESTING TENTATIVE TRACT NO. 5171 FnFMI eto Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559)621-8277 FAX (559) 488-1020 April 28, 2004 Please reply to: David Braun (559)621-8038 Joe Wu Sun Ridge Developers 2278 Trade Zone Boulevard San Jose, California 95131 Dear Mr. Wu: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING REZONE APPLICATION NO. R-03-14 AND VESTING TENTATIVE TRACT MAP NO.5171/UGM FOR PROPERTY LOCATED ON THE WEST SIDE OF SOUTH CLOVIS AVENUE BETWEEN EAST CHURCH AND EAST JENSEN AVENUES The Fresno City Council conducted a duly noticed public hearing on April 27, 2004,to consider Rezone Application No. R-03-14. This application relates to the proposed development of a single family residential subdivision on a 39 acre site located on the west side of South Clovis Avenue, between East Church and East Jensen Avenues. Following a full and complete hearing, the Council adopted Ordinance No. 2004-43, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2004-43(enclosed)that rezones the 39 acre subject site from the AE-20 (County) and AE-5/UGM (Exclusive Five Acre Agriclutural/Urban Growth Management)zone districts to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on April 7, 2004 to consider Rezone Application No: R-03-14 and Vesting Tentative Tract Map No. 5171/UGM. The Planning Commission took action to approve the tentative tract map application and to recommend that the Council approve the rezone application. The tentative tract map application was final at the Planning Commission and, therefore, no Council review was necessary. Copies of the Planning Commission resolutions (Nos. 11985 and 11986) are enclosed. Please be advised that pursuant to Section 5 of the enclosed Ordinance Bill,the rezoning shall become effective and in full force at 12:01 a.m., thirty-one days after its passage and upon annexation into the City of Fresno. As previously mentioned, the Fresno City Planning Commission approved Vesting Tentative Tract Map No. 5171/UGM subject to the,conditions noted on the tract map and the enclosed Conditions of Approval for Vesting Tentative Tract No. 5171/UGM dated April 7, 2004. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Mr. Wu Rezone Application No. R-03-14 Vesting Tentative Tract Map No. 5171/UGM Page 2 April 28, 2004 Sincerely, PLANNING DIVISION David Braun Planner III K:\Master Files-2003\'REZONE\R-03-014-T-5171-DEB\R-03-14-T-5171-Final Action Letter.wpd Enclosures: Ordinance Bill No. 2004-43 Planning Commission Resolution Nos. 11985 and 11986 Conditions of Approval for Tentative Tract Map No. 5171/UGM dated April 7, 2004 c: Giannetta Engineering Fresno County Assessor (w/o enclosures) city of �"` REPORT TO THE CITY COUNCIL AGENDA ITEM NO. /O : oO am COUNCIL MEETING 1/2-7/0 April 27, 2004 APPROVED BY > FROM: NICK P. YOVINO, Director bEPARTMENTOIRECT Planning and Development Departme CITY MANAGER BY: GILBERT J. HARD, Planning M ag Planning Division SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-14 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-14/T-5171 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No, R-03-14/T-5171 dated March 5, 2004. 2. APPROVE Rezone Application No. R-03-14 to rezone the subject property from the AE-5/UGM (Exclusive Five Acre AgriculturalAlrban Growth Management) and AE-20 (County) to the R-1/UGM (Single Family ResidentiaWrban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-03-14 proposes to rezone the subject property from the AE-5/UGM(Exclusive Five Acre AgriculturalAlrban Growth Management) and AE-20 (County) to the R-1/UGM (Single Family ResidentialAJrban Growth Management) zone district for 39 acres of property located on the west side of South Clovis Avenue between East Church and East Jensen Avenues. The applicant, Sun Ridge Developers, has also filed Vesting Tentative Tract Map No. 5171/UGM proposing to subdivide the subject property into a 192-lot single family residential subdivision at an overall density of 4.9 units per acre. The vesting tentative tract map was approved by the Planning Commission on April 7, 2004,and no appeals were received, therefore, the Planning Commission's action on the tentative tract map is final. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. PROJECT INFORMATION PROJECT A 192-lot single-family residential subdivision on approximately 39 acres (net) of property to be developed at an overall density of 4.9 units per acre APPLICANT Sun Ridge Developers (Engineer: Giannetta Engineering) LOCATION East side of South Clovis Avenue, between East Jensen and East Church Avenues(Council District 5,CouncilmemberDages) SITE SIZE 39 acres LAND USE Existing - Agriculture Proposed - Single Family Residential r REPORT TO THE CITY COUNCIL Rezone Application No. R-03-14 April 27, 2004 Page 2 ZONING Existing - AE-20 (County) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) Proposed - R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION Proposed R-1/UGM zone district and 192-lot single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium density (4.99 to 10.37 units per acre) and medium-low density (2.19 to 4.98 units per acre) residential land uses. ENVIRONMENTAL FINDING Mitigated Negative Declaration dated March 5, 2004 PLAN COMMITTEE The Roosevelt Community Plan Advisory Committee, by a RECOMMENDATION vote of 9 to 0, recommended approval on April 28, 2003 STAFF RECOMMENDATION Approve rezone application PLANNING COMMISSION On April 7, 2004, the Fresno City Planning Commission voted 5-0 RECOMMENDATION (two Commissioners absent) to recommend approval of the rezone application and related environmental assessment BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use ";N111�' North Medium Density Residential and AE-5/UGM Agricultural Office Commercial Exclusive Five Acre Agricultural/Urban Growth Management South Medium and Medium-Low Density AE-20 (County) Single Family Residential Residential R-1/UGM and Agricultural Single Family Residential/Urban Growth Management East Medium-Low Density Residential R-1/UGM Single Family Residential Single Family ResidentialAhtan Growth Management West Medium-Low Density Residential AE- AgriculturalNacant Exclusive Five-Acre Agricultural ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-14/T-5171 considered potential environmental impacts associated with the subject rezone and tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on March 11, 2004. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. REPORT TO THE CITY COUNCIL Rezone Application No. R-03-14 April 27, 2004 Page 3 BACKGROUND / ANALYSIS The applicant,Sun Ridge Developers, has filed Rezone Application No. R-03-14 and Vesting Tentative Tract Map No. 5171/UGM for 39 acres of property located on the west side of South Clovis Avenue between East Jensen and East Church Avenues. The rezone application is requesting a zone change from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) and AE-20 (County)zone district to the R-1/UGM(Single Family ResidentiallUrban Growth Management)zone district. Vesting Tentative Tract Map No. 5171/UGM is proposing to subdivide the subject property into 192 single family residential lots to be developed at a density of 4.9 units per acre. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Roosevelt Community Plan. The updated Community Plan designates the subject property for medium and medium-low density residential land uses. The applicant wishes to pursue development of the subject property with 192 single family homes. The requested R-1/UGM zone district conforms to the medium density residential and medium-low density residential land use designations as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix." Surrounding land uses are characterized by agricultural and rural residences to the north and west and single family residential development to the east and south. Access to the subject site will be from South Clovis and South Minnewawa Avenues, which are major (arterial and collector) streets. The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management(UGM) Service Delivery policies and environment impact mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in South Minnewawa and South Clovis Avenues. Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed and recommended approval of Rezone Application No. R-03-14 and Vesting Tentative Tract No. 5171 on April 28, 2003, by a vote of 9 to 0. Fresno City Planning Commission Action On April 7, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to recommend approval of the rezone application by a vote of 5-0 with two Commissioners absent. The Planning Commission also approved the vesting tentative tract map by the same vote. The Planning Commission's action on the tentative tract map application is final. Water Resources and Public Water Supply The Water Division of the Public Utilities Department estimates that the proposed residential project will have an estimated peak water demand of 408 gallons per minute. The nearest presently available water service lines are located in South Clovis and South Minnewawa Avenues, adjacent to the site. It has been determined that there is an adequate source of water available to serve the project with the implementation of UGM service delivery requirements and environmental impact mitigation measures. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project cannot be entirely accommodated by the district and temporary facilities will be required. The developer will be required to construct FMFCD "Master Plan Facilities" as determined by the district. r REPORT TO THE CITY COUNCIL Rezone Application No. R-03-14 April 27, 2004 Page 4 Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate,reliable,and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD) which is sufficient to accommodate continued planned urban development including the proposed project. The Public Utilities Department has determined that the estimated average daily sewage flow generated by this project is 66,240 gallons per day. It has also been determined by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project. The nearest public sanitary sewer main to serve this project is located in South Clovis and South Minnewawa Avenues, adjacent to the project. Major Street Improvements The 2025 Fresno General Plan designates South Clovis as an arterial street requiring a110-foot right-of-way width and designates South Minnewawa Avenue as a collector street with a 70-foot right-of-way. The developer will be required to dedicate and construct improvements forthe entire width of Minnewawa Avenue and relinquish access rights from all adjacent lots. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights to South Clovis Avenue from all residential lots adjacent to this major street frontage. Streets and Access Points This subdivision is proposed to have one access point to South Clovis Avenue, one access point to South Minnewawa Avenue, and one access point to the existing subdivision to the south. The subdivision also proposes one future connection to the parcel on the north boundary of the property. The Public Works Department Transportation Planning Section has reviewed the rezone and tentative tract map applications. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Clovis and Minnewawa Avenues to the ultimate planned width. LandscapingMalls Given that the proposed subdivision abuts planned arterial and collector streets,the developer will be required to install 15 feet of landscaping along South Clovis and 20 feet of landscaping along South Minnewawa Avenue. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setbacks which will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major streets. The wall along Clovis Avenue shall be designed in accordance with the acoustical analysis prepared by Brown-Buntin Associates, Inc., dated March 2, 2004, which addresses the noise impacts resulting from vehicle traffic on Clovis Avenue in this area. REPORT TO THE CITY COUNCIL Rezone Application No. R-03-14 April 27, 2004 Page 5 Open Space The developer will be required to provide at least five percent of the total project area for public or private common open space per Roosevelt Community Plan Policy No. 1-17.1. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi-public open space within one-quarter mile of this development. The required multi-purpose trail to be constructed along the Washington Canal within the proposed subdivision will provide a concrete trail for pedestrians/bicyclists and a crushed rock trail for equestrians.This required trail construction will apply toward the above-noted five percent open space requirement for this project. California Department of Transportation (Caltrans) The Califomia Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Roosevelt Community Plan contributes a substantial numbef of additional vehicle trips during the peak hour traffic periods (7:00 a.m.to 9:00 a.m.and 4:00 p.m.to 6:00 p.m.) which will impact the State Route (SR) 180 interchanges at Clovis and Fowler Avenues. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The city has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost,a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need forthe state facility improvements,and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans' submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§66000 et sequentes)applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements(Mitigation Fee Act-AB 1600)which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. While the Caltrans' representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. r REPORT TO THE CITY COUNCIL Rezone Application No. R-03-14 April 27, 2004 Page 6 However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno- Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area;and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. K\Common\Master Files-2003VREZONE\R-03-014-T-5171-DEB\R-03-14,T-5171 RCC 4-27-04mpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5171/UGM dated April 22, 2003 Letter from Caltrans dated April 13, 2004 Environmental Assessment No. R-03-14/T-5171/UGM Finding of Mitigated Negative Declaration, dated March 5, 2004 Planning Commission Resolution Nos. 11985 and 11986 Ordinance Bill eHUNCH ulaNY N s of AE-5-U.G.M. -1 AE-5 N r n { r r r -1 1 a • r E GROVE p/E. • ' 3rTwk r n U O i s W < • i ,. r r r u 0 YRD AVE• • E. BYRD AVE. r w n ,. .s +. • � umafY s n r a• a s ai r r r n r r < \/l •�•• z � > n M +: of • = i x +n w •e •t •+ w w w w w ro E. B 1 E K1tVLANO AVE E. KAVILAND VE. A Vi AE-5-U.G.M. S � e 0 J V . E J N SSE N AVE, I "I" E, I < r)� VICINITY MAP PLANNING & DEVELOPMENT REZONE APPLICATION N0. R-03-014 N DEPARTMENT From AE-5/UGM &AE-20(County)to R-1/UGM A.P.N.: 481-100-01,06 TENTATIVE TRACT NO. 5171 w E ZONE MAP: 2655 West of S. Clovis Av., South of E. Church Av. NOT TO SCALE BY/DATE; J.S. 1 5-16-03 i 1 cjY '3�E,y �„a li �rrt� <3 -la:Y,p 59 - �4 �?a5`v 111 ea a' �1 5 _ G I Si J F jR s�—'•-sr�i7 v-Ti lr18T' _ _ o _ s•- J T7 77 Li LO ^ p O UJ w L : 71, w � 11. '� �I i � � -� p�jV / •,''1 Y i - _ �, � � 7 y Y r- ' I 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 Dages SECONDED BY Perea BILL NO. B-42 ORDINANCE NO. 2no4-44 AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-14 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, on April 28,2003 the Roosevelt Community Plan Advisory Committee, by a vote of 5-0, recommended approval of the rezoning application; and WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 7th day of April, 2004, to consider Rezone Application No. R-03-14 and related Environmental Assessment No. R-03-14/T-5171, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-20 (County) and AE-5/UGM (Exclusive Five Acre Agricu/turaUUrban Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and, opted � o�7 0 aoc�4 -43 Ordinance Amending Officia, Zone Map Rezone Application No. R-03-14 April 27, 2004 Page 2 WHEREAS, the Council of the City of Fresno, on the 27th day of April, 2004, received the recommendation of the Planning Commission and concurs therewith. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. R-03-14/T-5171, dated March 5, 2004, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing medium and medium low density residential land use designations of the 2025 Fresno General Plan and Roosevelt Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-20 (County) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district: That portion of Henrietta Rancho lying within the Northeast quarter of the Southeast quarter of Section17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the map recorded in Book 2, Page 20 of Plats, Fresno County Records, described as follows: Beginning at a point on the East line of said Section 17 which is 357 feet Southerly from the East one-quarter comer of said Section; thence South 890 24' West 1320 feet; thence South 00 58' East parallel with the East line of said Section, a distance of 660 feet; thence North 890 24' East 1320 feet to a point on the East line of said Section 17; thence North 00 58' West 660 feet to the Point of Beginning. . S Ordinance Amending Officiai Lone Map Rezone Application No. R-03-14 April 27, 2004 Page 3 Excepting therefrom the following described land: Commencing at the East quarter comer of said Section 17; thence South, along the East boundary of the said Southeast quarter of Section 17, a distance of 357 feet to the True Point of Beginning; thence (1) North 890 38'West a distance of 36.94 feet; thence (2) South 010 06' 30"West, a distance of 660.12; thence (3) South 89° 38' East a distance of 49.78 feet; thence (4) North along said East boundary, a distance of 660 feet, to the True Point of Beginning, as granted to the County of Fresno by Deed recorded June 8, 1970 as Document No. 39321 in Book 5792, Page 765, Official Records. SECTION 4. The Council finds that the zone district of the real property described hereinbelow located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) to the R-11UGM (Single Family ResidentiaYUrban Growth Management) zone district: That portion of Henrietta Rancho lying within the Southeast quarter of Section 17, Township 14 South, Range 21 East, according to the Map thereof recorded in Book 2, Page 20 of Plats, Fresno County Records, described as follows: Beginning at a point South 0° 58' East 357 feet and South 89° 24' West 1320 feet from the East quarter corner of said Section, said point of beginning being the Northwest comer of the land conveyed to Paul L. Johnson, et ux, by Deed recorded December 15, 1949 as Document No. 57153; thence South 0' 58' East along the West line of said Johnson land and the production Southerly thereof 759.1 feet more or less, to a point in a straight line which bears South 89° 17' West from a point North 10 16' West 1559.6 feet from the South line of said Section at a point North 890 17' East 1828.1 feet from the West line of said Southeast quarter, and which intersects said West line at a point 1553.4 feet Northerly of the Southwest corner of said Southeast quarter; thence along said straight line South 89° 17' West 1399.94 feet, more or less, to said Intersection with said West line; thence North 1°43' East 262 feet, more or less, to the centerline of Washington Colony Canal; thence along said center line North 22° 12' East 371.07 feet, and North 33° 24' East 190 feet; thence leaving canal, North 890 24' East 1150 feet, more or less, to Point of Beginning. SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation to the City of Fresno. , j 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 27th day of April , 2004, by the following vote: Ayes: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo, Noes: None Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City y By Deputy Rezone Application No. R-03-14 Filed by Sun Ridge Developers Assessors Parcel Nos. 481-100-01-06 K1CommonWlaster Files-2D031'REZONEIR-03-014-T-5171-DEB1R-03-14CC OrdBillmpd .' j • FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11985 The Fresno City Planning Commission at its regular meeting on April 7, 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, a Vesting Tentative Map of Tract No. 5171/UGM was filed with the City of Fresno and proposes a 192-lot single-family residential subdivision on 39 acres of land located on the west side of South Clovis Avenue between East Church and East Jensen Avenues; and, WHEREAS, on April.28, 2003 the Roosevelt Community Plan Advisory Committee unanimously recommended approval of the tentative tract map; and, WHEREAS,the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated April 7, 2004; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on April 7, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5171/UGM may have a significant effect on the environment as' identified by the Mitigated Negative Declaration issued on March 5, 2004, prepared for Environmental Assessment No. R-03-14/T-5171. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5171/UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and Roosevelt Community Plan and the findings required pursuant to Section 66410 et seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5171/UGM subject to the Planning and Development Department Conditions of Approval dated April 7, 2004. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by .Commissioner Yang, seconded by Commissioner Harrington. VOTING: Ayes - Vang, Harrington, Brown, Kiss ler, Brand Noes - None Not Voting - None Absent - DiBuduo, White �arL DATED: April 7, 2004 ICK P. VI O, Secretary Fresno City Planning Commission Resolution No. 11985 Vesting Tentative Tract Map No. 5171/UGM Filed by Sun Ridge Developers Action: Approve K:\CommonWlaster Files-2003VREZONE\R-03-014T-5171-DEB\T-5171 pc reso.No.11985.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11986 The Fresno City Planning Commission, at its regular meeting on April 7, 2004, adopted the following resolution relating to Rezone Application No. R-03-14. WHEREAS, Rezone Application No. R-03-14 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM (Single Family Residential/Urban Growth Management) zone district EXISTING ZONING: AE-5/UGM (Exclusive five acre agriculturalAJrban Growth Management) zone district and AE-20 (County) APPLICANT: Sun Ridge Developers LOCATION: West side of South Clovis Avenue between East Church and East Jensen Avenues APN: 481-100-1, 6 LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM: That portion of Henrietta Rancho lying within the Southeast quarter of Section 17, Township 14 South, Range 21 East, according to the Map thereof recorded in Book 2, Page 20 of Plats, Fresno County Records,, described as follows: Beginning at a point South 0° 58' East 357 feet and South 89° 24' West 1320 feet from the East quarter comer of said Section, said point of beginning being the Northwest corner of the land conveyed to Paul L. Johnson, et ux, by Deed recorded December 15, 1949 as Document No. 57153; thence South 00 58' East along the West line of said Johnson land and the production Southerly thereof 759.1 feet more or less, to a point in a straight line which bears South 89° 17' West from a point North 1° 16'West 1559.6 feet from the South line of said Section at a point North ,89° 17' East 1828.1 feet from the West line of said Southeast quarter, and which intersects said West line at a point 1553.4 feet Northerly of the Southwest comer of said Southeast quarter, thence along said straight line South 890 17' West 1399.94 feet, more or less, to said Intersection with said West line; thence North 1° 43' East 262 feet, more or less, to the centerline of Washington Colony Canal; thence along said center line North 220 12' East 371.07 feet, and North 330 24' East 190 feet; thence leaving canal, North 890 24' East 1150 feet, more or less, to Point of Beginning. ` Planning Commission Resolubun No. 11986 Rezone Application No. R-03-14 April 7, 2004 Page 2 From AE-20 (County) to R-1/UGM: That portion of Henrietta Rancho lying within the Northeast quarter of the Southeast quarter of Section17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the map recorded in Book 2, Page 20 of Plats, Fresno County Records, described as follows: Beginning at a point on the East line of said Section 17 which is 357 feet Southerly from the East one-quarter comer of said Section; thence South 890 24'West 1320 feet; thence South 00 58'East parallel with the East line of said Section, a distance of 660 feet;thence North 890 24'East 1320 feet to a point on the East line of said Section 17; thence North 0° 58'West 660 feet to the Point of Beginning. Excepting therefrom the following described land: Commencing at.the East quarter comer of said Section 17; thence South, along the East boundary of the said Southeast quarter of Section 17, a distance of 357 feet to the True Point of Beginning; thence (1) North 890 38' West a distance of 36.94 feet; thence (2) South 01° 06' 30" West, a distance of 660.12; thence(3) South 890 38' East a distance of 49.78 feet; thence (4) North along said East boundary, a distance of 660 feet, to the True Point of Beginning, as granted to the County of Fresno by Deed recorded June 8, 1970 as Document No. 39321 in Book 5792, Page 765, Official Records. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single-family residential subdivision; and, WHEREAS, on April 28, 2003 the Roosevelt Community Plan Advisory Committee recommended approval of the rezoning application; and WHEREAS, the Fresno City Planning Commission on April 7, 2004, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the April 7, 2004 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-03-14 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated March 5, 2004, prepared for Environmental Assessment No. R-03-14/T-5171. Planning Commission Resolution No. 11986 Rezone Application No. R-03-14 April 7, 2004 Page 3 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Harrington. VOTING: Ayes - Vang, Harrington, Brown, Kissler, Brand Noes - None Not Voting - None Absent - DiBuduo, White DATED: April 7, 2004 NICK P. Y 1NO. Secretary Fresno City Planning Commission Resolution No. 11986 Rezone Application No. R-03-14 Filed by Sun Ridge Developers Action: Recommend Approval K\CommonWaster Files-2003VREZONE\R-03-014T-5171-DEB\R-03-14PC Reso 11986.wpd •' j ► CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL April 7, 2004 VESTING TENTATIVE TRACT MAP NO. 5171/UGM East side of South Clovis Avenue between East Jensen and East Church Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative 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 forthis project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval or conditional approval of Vesting Tentative Tract Map No. 5171/UGM entitled "Exhibit A," dated April 22, 2003, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any uU,fl $AWV7 required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Planning and Development Department for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required 444) P/�� public improvements and work and applicable processing fees. ' t CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 2 Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be Ms+D DN 6*-4 dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187, "City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 "D Div. QlJ- Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions UJO a��• 006 thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of w�D 9►� Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest WD (TOA per State law. 9. Relinquish access rights to South Clovis and South Minnewawa Avenues from all residential w0 vw 4 wax lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 10. Relinquish direct vehicular rights to: a. The street side yard of proposed Lots 1 and 171 from the entry street connecting to South Minnewawa Avenue. b. The street side yard of proposed Lots 61 and 84 from proposed East Bums Avenue. r r S CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 3 Landscaping and Walls 11. Pursuant to the 1990 Master Multi-Purpose Trails Manual Policy Nos. 3.2.2, 3.2.3, and 4.3.1, ursuant to the 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-154 E-15-e, E-15-k, E-15-x, within the limits of the tract, the developer/owner shall construct a13io pw� appropriate improvements or provide appropriate security for the improvement of the entire 25-foot wide multi-purpose trail to be constructed between the Washington Canal and South Minnewawa Avenue (10-foot street right-of-way and 25-foot landscape/trail easement). 12. Pursuant to Roosevelt Community Plan Policy No. 1-17.1 the developer/owner shall designate and develop at least 5 percent of the total project area for public or private open space such as lakes, community recreation or passive open space. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi >� public open space within one quarter mile of the development. , The City is currently processing a plan amendment to the above-noted policy of the Roosevelt Community Plan to allow for the payment of fees for open space-park purposes in lieu of the actual development of the required 5 percent open space. If this amendment is approved prior to the approval of a final map for Vesting Tentative Tract No. 5171, then this option would be available for this project. 13. Provide a 15-foot landscaped easement (and irrigation system) along the rear property lines of all lots which back-onto South Clovis Avenue and provide a 20-foot landscape easement (and irrigation system) along the rear or side property lines of all lots which back or side onto South Minnewawa Avenue. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Maintenance of the required landscaped easements located along South Clovis Avenue and South Minnewawa Avenues, the multi-purpose trail and any additional open space areas may be the responsibility of the City's Landscaping and Lighting Maintenance District. Contact Public Works Department, Engineering Services Division staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's district prior to final map approval. 15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. r CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 4 16. Should the City Council not approve the annexation of such landscape areas then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas and proposed private streets, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CCBR's) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CCBR's dated January 11, 1985. 17. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. } 18. Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots which back or side onto South Minnewawa Avenue and construct a 10-foot 6-inch high solid masonry wall (as required by Acoustical Analysis prepared by Brown-Buntin and Associates dated March 2, 2004) along the rear property lines of all lots which back onto South Clovis Avenue (solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code). 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 Map approval. Building Setbacks 19. Building setbacks shall be in accordance with the R-1/UGM zone district standards as shown on Exhibit"A" of Tentative Tract No. 5171/UGM dated April 22, 2003, and the provisions of Section 12-207.5-E-1-c of the Fresno Municipal Code and shall include a 10-foot side yard building setback on the key lot side of Lot 123 pursuant to Section 12-1011(f)(4) of the Fresno Municipal Code. Information 20. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Sanger Unified School District in accordance with the school district's adopted schedule of fees. 21. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 22. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. • � CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 5 23. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/ owner shall also obtain any and all permits required for the proper abandonment/ closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 24. 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 (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number: 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 5. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain 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. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 6 The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 26. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 27. 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 approval of the Solid Waste - Manager. 28. The easterly portion of the proposed tentative tract map shall be annexed to the City bf Fresno concurrent with Final Map approval. LAO a A J C PARK SERVICE 29. The developer/owner shall comply with the requirements in the attached memorandum from the Parks Division dated June 4, 2003, for Vesting Tentative Map No. 5171/UGM. WP p✓• , fww Urban Growth Management Requirements 30. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in NP pw accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 31. Fire service will be provided by County of Fresno Fire Station No. 87 and is within the service area of future City of Fresno Fire Station No. 15. Provide residential fire hydrants and fire I-LO VOK- flows per Public Works Standards with two sources of water. 32. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Management Requirements 33. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. r CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 7 STREETS AND RIGHTS-OF-WAY 34. The subdivider shall fumish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. ed1J�►�9,pts•iflu- 35. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street fumiture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum w _iv26v'CWcL) of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 36. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). W. Ver." 37. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 38. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 0- ltA"r any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 39. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by • s he Engineer. 40. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Major Streets South Clovis Avenue (Arterial) 41. Dedicate an easement for street right-of-way purposes within the limits of this tract to meet City of Fresno arterial street standards. fiV4&'rDG3+.N" CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 8 42. Construct concrete curb, gutter, 10-foot residential sidewalk pattem, and 20 feet of permanent paving within the limits of this subdivision including a 5-foot wide striped bike lane. Construct transition paving north and south of the subdivision as necessary based on a 55 sasgr Awa MPH design speed. 43. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for arterial ,,, 9MzW'cPvb.streets. ��4. Relinquish direct access rights to South Clovis Avenue from all lots within this tract. South Minnewawa Avenue (Collector) ,141if -M14 PNCE 45. Dedicate an easement for street right-of-way purposes and construct both sides of thb street ✓* within the limits of this tract to meet City of Fresno collector street standards as may be modified by the Public Works Director. 46. Design with a minimum 600-foot inside curve radii to accommodate a 40 MPH design speed. 47. Construct concrete curb, gutter, 10-foot residential sidewalk pattem, and 20 feet of permanent paving within the limits of this tract, and transition paving as necessary as determined during plan review. /48. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard for collector -streets. �9. Relinquish direct access rights to South Minnewawa Avenue from all lots within this tract. Interior Streets 50. Design and construct concrete curb, gutter, sidewalk (both sides), permanent paving, and underground street lighting systems on all interior local streets. Sidewalk pattems to comply with Public Works Standards for local streets. 51. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Requirements 52. A minimum of two points of vehicular access to the major streets shall be provided for any phase of the development, one of which shall be to Clovis Avenue. ' CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7,2004 Page 9 53. Right-in/Right-out only movements will be permitted at the intersection of South Clovis and East Burns Avenue. 54. The tract generates more than 100 peak hour vehicle trips and, therefore, in accordance with the mitigation measures of the 2025 Fresno General Plan Master Environmental Impact Report No. 10130, a Traffic Impact Study (TIS) must be prepared. In lieu of a Traffic Impact Study, the developer has the option of voluntarily paying an impact fee specific to Major Wyrs Street Intersection Traffic Signalization. LA&jP auS�rW Urban Growth Management Requirements (South Minnewawa Avenue) A(tk.-W-, PI+*%P 55. Construct the two 17-foot center section travel lanes within the limits of this subdivision. SANITARY SEWER SERVICE 11 The nearest existing sewer mains are an 8-inch sewer main in South Clovis Avenue, adjacent to the subject property, and a 12-inch sewer main in South Minnewawa Avenue, south of the subject property. The following conditions are required to provide sanitary sewer service to the tract. 56. Extend the existing 12-inch sewer main in Minnewawa Avenue within the limits of the subject site. 4),Lyn L Y pom&.. 57. Separate sewer house branches shall be provided to each lot created within the subdivision. a'f)nL`M P58. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. �.t7rtL(TI SL- 59. A preliminary sewer design layout shall be submitted for review and Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 14 DTI L01TWJ1.Wo.) 60. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City sewer u.).OTtu*l W5101'system. Urban Growth Management Requirements 61. Sewer connection charges are due and shall be paid for the project. uD,9lu• �aY. WATER SERVICE There is an existing 16-inch water main in South Clovis Avenue, adjacent to the subject site and a 14-inch main in South Minnewawa Avenue , south of the subject site. The following conditions are squired to provide water service to the subdivision. , r CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 10 62. Extend the existing 14-inch main in South Minnewawa Avenue with the limits of the subject site. dnu� }fir✓ 63. 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 flow amount to meet a total demand of 1,000 gallons per minute, sufficient to serve peak water demand for the project and for fire suppression purposes, or an L)- VJ -'PW. altemative flow amount that is acceptable to the Public Utilities Director and Fire Department Chief (or their designees). Well sites shall be of a size and at a location acceptable to the Water Systems Manager. The cost of acquiring the well site and construction of the well shall be reimbursed from UGM Water Supply Well Service Area Fund 501s, in accordance with established UGM policies. 64. Water well construction shall include wellhead treatment facilities, if required. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment L% wN�-bw. Service Area Fund 501s, in accordance with established UGM policies. 65. 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, W. L%T1,1 Dew construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 66. Separate water services shall be provided to each lot created within the subdivision. W. U'ttL�41 D�W(iv 67. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 0•d n�4 post w 68. The subdivider shall pay the appropriate fee for installation of water service and/or water meters. 69. Installation of public fire hydrant(s) is required in accordance with City standards. •lJ�1Ltt`?�G`' 0. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City Water u,U "r&.1 pe•src✓System. 71. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the Califomia Well Standards, Bulletin 74-90 or current .QTIL_Fr ,,.2 revisions, issued by California Department of Water Resources, and City of Fresno standards. Urban Growth Management Requirements 72. Payment of appropriate water connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. • CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 11 URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 73. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 74. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 75. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. ' Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall fumish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attomey's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 76. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. t CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7,2004 Page 12 77. 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 �i- identified in the District's letter to the Planning and Development Department dated May 7, 2003. 78. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. FRESNO IRRIGATION DISTRICT /11t4 -* ( /79. The developer/owner shall comply with the requirements in the letter from the Fresno ✓ 0 Irrigation District dated May 12, 2003, for Vesting Tentative Map No. 5171/UGM. AIR QUALITY 80. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated April 30, 2003 for Vesting Tentative Map No. 5171/UGM. DEVELOPMENT FEES AND CHARGES 81. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/ RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 13 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new Rates increased as of March 1, 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) I. Oversize Charge $0.05/sq. ft. (to 100-foot depth) j. Trunk Sewer Charge $344/living unit Service Area: Fowler k. Wastewater Facilities Charge $2,119/living unit I. House Branch Sewer Charge n/a m. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. o. Frontage Charge $6.50/lineal foot p. Fire Hydrant Charge $0.75/100 square feet(to 250 feet parcel depth) q. Transmission Grid Main Charge $560/gross acre r. Transmission Grid Main Bond Debt Service Charge $243/gross acre S. UGM Water Supply Fee $507/living unit Service Area: 501-S t. Well Head Treatment Fee $207/living unit Service Area: 501 U. Recharge Fee $61/living unit Service Area: 501 r • CONDITIONS OF APPROVAL Vesting Tentative Map No. 5171/UGM April 7, 2004 Page 14 V. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE FEE RATE W. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* X. UGM Fire Station Capital Fee $605/gross acre Service Area: 15 y. UGM Park Fee $1650/gross acre Service Area: 2 f Z. Major Street Charge $2180/adj. acre Service Area: D-1/E-2 aa. Major Street Bridge Charge $210/adj. acre Service Area: D-1/E-2 bb. Traffic Signal Charge $860/adj. acre cc. UGM Grade Separation Fee n/a dd. Trunk Sewer Charge n/a Service Area: ee. *Street Acquisition/Construction Charge n/a KACommonNaster Files-2003VREZONEIR-03-014-T-5171-DEB\T-5171 COA Revised 42-04.wpd File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami, Chief Engineering Tech. SUN RIDGE DEVELOPERS Development Services Department 2278 TRADE ZONE BLVD. City of Fresno SAN JOSE, CA 95131 2600 Fresno. Street - Fresno, CA 93721 MAP NO. 5171 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " BG - DRAINAGE AREA BG $180,866.00 DATE 1�5 --I-63 DRAINAGE AREA - " - TOTAL FEE $180,866.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this 0 development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. Ul The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance ML 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 y approval of the final map for the fee. ML Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5171.XIS 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document t FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 #-2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water & Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). 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. 5171.As 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, August 1999 (available at the District Office.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least five acres (or less than five acres if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a Z storm water pollution prevention plan, eliminate non-storm water discharges, O conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. ■ Under the Phase II federal storm water quality regulations a State General Construction Storm Water Permit will be required for all activities that disturb one acre no later than March, 2003. b. State General Permit for Storm Water Discharges Associated with Industrial y 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. 5171.xis 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 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. La man, District Engineer Pr J11 t Engineer: Jamie Miller C: GARY GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5171..1: 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i y ♦ � I � NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. CHURCH30" AVE ALIGN. ---- -------- --------------- i m�m l Q _ ' � 1 Li \ Q I. cel I v 1 1 Fr- 0 J JENSEN AVE. LEGEND *- MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. -- EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY SCALE 1"=500' TRACT 5171 EXHIBIT N O. 1 DRAINAGE AREA: "BG" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT N. Of-042-COJ:\ENGwEERING\nUTOCnD\DWGS\OEXMIBIT\TRnCTS\5171.OWG Ra 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. The District recognizes that the alignment of the Master Plan facilities, as identified on Exhibit No. 1, is not consistent with the developer's proposed street patterns for Tract 5171. The alignment may be slightly realigned to be compatible with the proposed street layout for Tract 5171. However, drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No.1. Development No. Tract 5171 eno\permit\exhibits2\tract\O1-02-03\5171oin) PHONE(559)233-7161 FAX(559)233-8227 " 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water May 12, 2003 Mr. Dave Braun City of Fresno Planning Division 2600 Fresno Street,Room 3043 Fresno, CA 93721-3604 SUBJECT: VTM No. 5171/UGM, R-03-14—FID's Washington Colony No. 15 Canal Dear Mr. Braun, FID's comments and requests are as follows: 1. FID's Washington Colony No. 15 Canal traverses the subject property, as shown on the enclosed map. 2. FID requests that the applicant be required to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the canal embankment, or result in drainage patterns that will adversely affect FID or the applicant. 3. FID requests that the applicant concrete line, encase in a box culvert or other approved means to protect canal integrity, the Washington Colony No. 15 Canal across the proposed development in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the canal alignment and required canal dimensions. " A. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing .all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. Thank you for submitting this for our review. Please feel.free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnsonna,fresnoirrigation.com. Sincerely, FRESNO IRRI N DISTRICT Bret Johnson Engineering Technician Enclosure Agencies\City\VTM5171 R-03-14 BOARD OF President JACOB ANDRESEN, Vice-President EDDIE NIEDERFRANK DIRECTORS JEFF NEELY,JEFF BOSWELL.RON DANGARAN,Ed.D. General Manager GARY SERRATO PARKS, RECREAI SON & COMMUNITY SER*ICES DEPARTMENT TO: Dave Braun, Planner Planning Division FROM: Nancy Morrison,PARKS PLANNING COORDINATOR, (559.621.2927) DATE: June 4, 2003 Subject: Tentative Subdivision Map T-5171 The Parks, Recreation and Community Services Department has reviewed the Tentative Subdivision Map proposed by Sun Ridge Developers on plans prepared by Gary Giannetta. 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, or one tree per lot, whichever is greater. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. B. The street tree species are designated for the following rights of way: S.Minnewawa Cinnamomum camphora,(Camphor) S. Clovis Avenue Liriodendron tulipfera, (Tulip Tree) 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. Parks will not maintain Outlots B or C. Parks understand that Outlot A is to be deeded to Fresno Irrigation District. B. Buffer Maintenance Through 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. Plans shall be numbered to conform to and 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 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 r ' ' Parks Department comments T-5171 Tentative Map June 4,2003 page 2 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. TRAIL REQUIREMENTS A. The trail shall be constructed in accordance with the Master Multi-Purpose Trails Manual." The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and drip irrigation design. These plan shall be approved by Parks, Recreation and Community Services Department. Landscaping within the multipurpose trail shall include large,medium and low-growing shrubs planted from Y to 6' apart depending on variety, and trees spaced approximately 25'to 45' apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting shall be irrigated with an automatic drip system. 69ASan Joaquin valley Air Pollution Control District April 30, 2003 215DEV2003 Dave Braun Development Dept. 2600 Fresno Street Fresno Ca 93721-3604 Subject: T-5171, R-03-14 (APN 481-100-01 & 06) Dear Mr. Braun: 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 (PM10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project may generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) to determine impacts when projects are of this size, unless an analysis has been accomplished for a previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed in a previous study. The District recommends using the URBEMIS 2001 program to calculate project area source and mobile source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this projeci may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS 2001 should be directed to Thomas Jordan at (559) 230-5802. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments. A synopsis of these regulations has been enclosed. David L. Crow Executive Director/Air Pollution Control Officer Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 M Street; Suite 275 Modesto, CA 95356-9322 Fresno, CA 93726-0244 Bakersfield, CA 93301-2373 (209) 557-6400 • FAX (209) 557-6475 (559) 230-6000 - FAX (559) 230-6061 (661) 326-6900 • FAX (661) 326-6985 www.valleyair.org 7 • Mr. Braun April 30, 2003 T-5171, R-03-14 Page 2 2. District Regulation VIII - 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. A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin if the project cumulatively encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material may not be burned if the land use is converting from agriculture to nonagricultural purposes. In the event that the project burns agricultural material, it would be•in violation of Rule 4103 and be subject to District enforcement action. 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. o Trees should be carefully selected and located to protect the building(s) from energy sapping environmental conditions. A brochure has been included for the applicant. See http://www.coolcommunities.org http://www.energy.ca.qov/coolcommunity/strategies.htmI http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance(s) of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. Sidewalks and 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 by use of a barrier or 'green' buffer strip. 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. 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. Specifically: Mid-block connecting paths should be installed to facilitate pedestrian movement within the project. Possible locations for mid-block pathways include; between lots 17, 16, 3 & 4, and between lots 126, 125, 137 & 138. o As many energy conserving and well-designed 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 lighting and high efficiency appliances; awnings or other shading mechanism for windows; ceiling fans; orient the units to maximize passive solar cooling and heating when practicable; install electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment; install low-emitting, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces (as opposed to traditional open-hearth fireplaces); install Mr. Braun April 30, 2003 - T-5171, R-03-14 Page 3 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 or gas or electric barbecues); 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: http://www.sustainable.doe.gov/ http://www.consumerenergvicenter.org/index.html http://www.energy.ca.gov/coolcommunity/strategies.htmi http://www.lgc.org Project design should use models put forward by the Local Government Commission (LGC) in the "Smart Growth Guidebook," such as; street block patterns that form an interconnected grid, short block faces, numerous alleys and narrow streets. Street dimensions should be designed in accordance to "Street Design Guidelines for Healthy Neighborhoods" by the LGC. The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are many rebate and incentive programs that encourage different types of alternative energy sources. More information can found at http://www.dsireusa.org http://homepower.com http://www.energy.ca.gov/renewables/ Require construction equipment used at the site be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, 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. 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 Guerra at 230-6000. Sincerely, Chrystal L. Meier CEQA Commenter Central Region ector R. G a Senior Air al Planner Enclosures 7 CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study is on file in the Planning and Environmental 2004 MAR I I AM 9: 26 Development Department, City Hall Assessment Number: 2600 Fresno Street, Fresno, California 93721 R-03-14/T-5171 CITY CLERK, FRESNO C/ 559 621-8277 APPLICANT: Sun Ridge Developers Assessor's 2278 Trade Zone Boulevard Parcel Number: San Jose, California 95131 481-100-1,6 PROJECT DESCRIPTION AND LOCATION: Rezone Application No. R-03-14 and Filed with: Vesting Tentative Tract Map No. 5171/UGM pertain to approximately 39 acres of REBECCA E. KLISCH, City Clerk property located on the west side of South Clovis Avenue,between East Jensen and 2nd Floor-City Hall East Church Avenues. The rezone application proposes to rezone the property from 2600 Fresno Street the AE-5/UGM (Agricultural Exclusive-five acre minimum/Urban Growth Fresno, California 93721-3603 Management) and.AL-20 (County) zone district to the R-1/UGM .(Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract No. 5171/UGM proposes to subdivide the subject property into a 192-lot (plus three outlots) single family residential subdivision to be developed at a density of approximately 4.9 units per acre. The project also includes the detachment of a portion of the subject property from the Kings River Conservation District and the Fresno County Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission(LAFCO)is the responsible agency. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may,be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 127505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: David Braun SUBMITTED BY: Planner III DATE: March 5, 2004 �G�ILBERT J. HARO, P nin anager PLANNING AND DE PMENT DEPARTMENT ENVIE VMENTAL ASSESSMENT (EA) C CKLIST s , POTENTIAL ENVIRONMENTAL EFFEC•i'S EA No. R-03-14,T-5171 1_0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2.0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off 2 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3.0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4.0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare, unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 66.0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7.0 NOISE 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 2 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9.0 LAND USE effect in this category, or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 1 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system Impact Report, and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. R-03-14/T-5171 PROJECT DESCRIPTION Rezone Application No. R-03-14 and Vesting Tentative Tract Map No. 5171/UGM, filed by Sun Ridge Developers, pertain to approximately 39 (net) acres of property located on the west side of South Clovis Avenue between East Church and East Jensen Avenues. The rezone application proposes to rezone the subject property from the AE-5/UGM (Agricultural Exclusive-five acre minimum/Urban Growth Management)and AE-20 (County)zone district to the R-1/UGM (Single-Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract No. 5171/UGM proposes to subdivide the 39-acre site into 192 single family residential lots (approximately 4.6 dwelling units per acre). The project also includes the detachment of the easterly portion of the subject property from the Kings River Conservation District and the Fresno County Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. Bordering Property Information w Planned Land Use Existing Zoning Existing Use North Medium Density Residential and AE-5/UGM Agriculture Office Commercial Agricultural Exclusive-five acre minimum/Urban Growth Management South Medium and Medium Low AE-20 (County) and R- Single Family Density Residential 1/UGM (Single Family Residential and Residential/Urban Growth Agriculture Management) East R-1/UGM (Single Family Single Family Medium Low Density Residential Residential/Urban Growth Residential Management) West Medium Low Density Residential AE-5 Agri culture/Vacant (Agricultural Exclusive-five acre minimum Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. Approval of the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. The project area is located within the City of Fresno's adopted Sphere of Influence and Urban Boundary area and is planned for medium low and medium density residential land uses by the Roosevelt Community Plan, updated in 2002, and the 2025 Fresno General Plan, adopted in 2002. INITIAL STUDY - Environmental Assessment No. R-03-14/T-5171 Page 2 _ March 5, 2004 Environmental documents for previous plan actions include Final EIR No. 10130 (2025 Fresno General Plan). Additional environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and conclusions, together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence. Certification or approval of these environmental documents identified potentially significant adverse environmental impacts, appropriate mitigation measures, and findings of overriding considerations with respect to unavoidable significant impacts. The following impacts were identified by City Council Resolution No. 2002-378 certifying Final EIR No. 10130 (2025 Fresno General Plan). 1. Transportation and Circulation 2. Air Quality 3. Preservation of Agricultural Land 4. Noise Resolution No.2002-378 also contains a statement of overriding considerations for the above unavoidable significant effects. The benefits of implementing the 2025 Fresno General Plan outweigh unavoidable significant effects. 1.0—TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining property owners. 2.0—AIR QUALITY: 2.1—Substantial Indirect Source of Pollution As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin(SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from"serious nonattainment"to"severe nonattainment"by the U.S.E.P.A. Classified as "severe nonattainment" by the State. INITIAL STUDY Environmental Assessment No. R-03-14/T-5171 Page 3 March 5, 2004 • PM,o. Classified as "serious nonattainment" at the federal level. Classified as "nonattainment" by the State. • CO. Recently reclassified from "nonattainment" to "attainment" by th U.S. E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. • SO2. Unclassified at the federal level. Classified "attainment" at the State level. • Sulfates. (No federal standard.) Classified "attainment" at the State level. • Lead. (No federal standard.) Classified "attainment" at the State level. • 1­12S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,o the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of "severe nonattainment" for ozone by the State, the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5% per year reduction in nonattainment emissions, or including "everyfeasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions; developing strategies to reduce vehicle trips and miles traveled; increasing average vehicle rider ship to 1.5 persons during commute hours;reducing population exposure to non-attainment pollutants by 25%; establishing best available retrofit control technology requirements for permitted sources; and developing indirect and area source programs. As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are, in turn, implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. The Air District has suggested that the URBEMIS 2001 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions: ROG (Reactive Organic Gasses), NOX(Nitrogen Oxides), CO(Carbon Monoxide), PM,o(Particulates)and SOX (Sulfur Oxides)which are summarized below. INITIAL STUDY Environmental Assessment No. R-03-14/T-5171 Page 4 March 5, 2004 URBEMIS 2001 AIR QUALITY IMPACTS** All data in tons/year ROG NOX CO PM10 SOX Area Source Emissions 1.78 0.44 0.43 0.00 0.01 Operational Emissions 6.49 7.65 75.82 0.27 0.05 Totals 8.27 8.09 76.25 0.27 0.06 Level of Significance or 10 10 100 14.6 27.375 Requirements for Offset "Based on 192 single family residential units The URBEMIS 2001 model projections indicate that the proposed project will not exceed the threshold limits for the emissions listed. This particular analysis included the prohibition of wood burning devices. It also included the mitigation measures which are listed below. A pedestrian/bicycle/equestrian trail is required along the Washington Canal which abuts the westerly portion of the site, as a mitigation measure to provide a means of alternative transportation. Other mitigation measures in addition to the trail are required sidewalks and pedestrian paths, pedestrian connections, lighting and other safety features for pedestrians and cyclists, street lighting and appropriate signage and signalization that will promote pedestrian and other modes of transportation. To provide continuous travel, bike lanes are also required on South Clovis Avenue. The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District(SJVAPCD) Regulation Vlll, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a number of strategies to improve air quality including a transportation control strategy and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping, pedestrian and transit access features. The 2025 Fresno General Plan and the Roosevelt Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees, frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. INITIAL STUDY • Environmental Assessment No. R-03-14/T-5171 Page 5 March 5, 2004 In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated March 5, 2004. 2. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated March 5, 2004. 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Protect Use The adverse groundwater conditions of limited supply and compromised quality have been well- documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan)et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. The proposed project places additional demand upon peak water use capacity. The proposed project must contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. In response to the need for a comprehensive long-range water supply and distribution strategy the Fresno Metropolitan Water Resource Management Plan has been adopted and the accompanying Final EIR(SCH #95022029)certified. The purpose of the management plan is to provide safe, adequate,and dependable water supplies to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. In addition,the proposed project must contribute to the completion of the Fresno Metropolitan Flood Control District's master planned storm drainage facilities. Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm water run-off and surface water obtained from the Fresno Irrigation District and United States Bureau of Reclamation on the northern edge of the current urban limit boundary benefitting the urban reserve area. The Water Division of the Public Utilities Department estimated that the proposed single-family residential subdivision will have an estimated peak water demand of 407 gallons per minute. In accordance with the provisions of the 2025 Fresno General Plan and Master EIR No. 10130 mitigation measures, project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project with the implementation of the mitigation measures noted below and are required to be implemented by the attached mitigation monitoring checklist. In summary, these mitigation measures require participation in the development of a water supply and distribution system equal to the project's estimated water consumption. INITIAL STUDY Environmental Assessment No. R-03-14/T-5171 Page 6 March 5, 2004 Implementation of the Fresno General Plan policies, the Water Resources Management Plan, and the applicable mitigation measures of approved environmental review documents will address the issues of providing an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Mifigafion Measures 1. The proposed project shall implement and incorporate, as applicable, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated March 5, 2004. 2. The proposed project shall implement and incorporate, as applicable, the water related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated March 5, 2004. 4.0—PLANT LIFE; and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 4.2—Reduction in Acreage of Agricultural Crop The subject site currently has crops on it and has been historically utilized for agricultural purposes. The proposed urban development of the project area will result in the elimination of agricultural opportunities in the future. However, the site is located within the City of Fresno's Sphere of Influence and has been considered appropriate for urban development by a succession of long-range general plans for the metropolitan area over the past 39 years. The 2025 Fresno General Plan and updated Roosevelt Community Plan identified the project site as being appropriate for urban uses, particularly for medium and medium low density residential uses. Urban development of the site is now appropriate for consideration although development of the subject site will result in the loss of existing agricultural uses. Previous environmental studies have examined the effects of the loss of agricultural lands and concluded that agricultural lands within the immediate urban area as a whole may be considered to be less valuable for continued long-term agricultural use than alternative areas outside of the metropolitan area. While urban development of the existing agricultural land within the City of Fresno's planned urban boundary is considered to be irreversible, it allows the implementation of more effective water resource and air quality mitigation measures that reduce impacts upon agricultural activities. This consideration is particularly important when contiguous urban development is compared with the alternative of the inefficient and discontinuous patterns of rural and low-density residential development that have occurred within urban fringe areas. In addition, the mitigation measures will include the requirement that a "right-to-farm" notice shall be recorded with the final tract map and included with the individual property conveyance deed to notify new residents that agricultural operations occur in the area. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. r INITIAL STUDY Environmental Assessment No. R-03-141T-5171 Page 7 March 5, 2004 7.0—NOISE The project site will be exposed to vehicle traffic noise due to its location adjacent to a planned arterial major street (South Clovis Avenue) along the east boundary of the tract. Arterial streets are typically developed with four to six travel lanes (two or three in each direction) and a center median island with single or dual left turn lanes at intersections. Arterial streets have the capacity to accommodate average daily vehicle trips of 36,000, although projected daily traffic volumes are substantially less than these maximum capacities. The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level. exposure of not more than 45 dB DNL. Portions of the site are within a 65 or 70 decibel contour according to the Master Environmental Impact Report for the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be submitted, evaluated, and accepted by the Planning and Development Department. An acoustical analysis dated March 2, 2004 by Brown-Buntin and Associates for the project directly to the north of the subject site along Clovis Avenue, found the noise levels along Clovis Avenue to be significant. The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is 70 dB Ldn for buildings located at the closest proposed building setbacks along Clovis Avenue. The study concludes that a 10.5-foot high wall is required along Clovis Avenue to fully reduce the noise to acceptable levels. Indoor noise standards will be met with the construction of the sound walls and through building code requirements. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated March 5, 2004. 2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated March 5, 2004. 9.0—LAND USE The proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and the Roosevelt Community Plan. Both plans designate the site for medium (on easterly portion) and medium low(on westerly portion) density residential land uses. Table 2 of the 2025 Fresno General Plan states that the R-1 zone district is consistent with both the medium and the medium low density residential land use designation. It is also important to note that the planned use and proposed zone district are compatible with the applicable community plan goals, policies and implementation measures intended to provide for the efficient use of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projections of the Fresno General Plan's growth projections. INITIAL STUDY Environmental Assessment No. R-03-14/T-5171 Page 8 March 5, 2004 The applicant will be required to provide at least five percent of the total project area for public or private common open space pursuant to Roosevelt Community Plan Policy No. 1-17.1. The open space may consist of lakes, community recreation or passive open space. Alternatively, an equivalent amount of open space area may be provided in conjunction with approved public or quasi-public open space within one-quarter mile of the development. It is noted that the multi-purpose trail to be installed along the Washington Canal, in this subdivision, will contribute toward this open space requirement. This trail is to be developed as a combined pedestrian/bicycle/equestrian trail. 10.0—TRANSPORTATION AND CIRCULATION; 10.1 810.2 Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies and Cumulative Increase in Traffic on a Maior Street for which Capacity Deficiencies are Projected The development of the project site with the proposed 192 single-family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Roosevelt Community Plan,will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate South Clovis Avenue as an arterial and South Minnewawa Avenue as a collector street. The city's public works development standards provide for arterial streets to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. Collector streets are typically developed with two travel lanes in each direction but without a median island. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right- turn lanes as well as bus bays or turnouts. The Master Environmental Impact Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference)utilized macro-level traffic analysis techniques to examine the traffic flow level of service (LOS)for major street segments that would occur in the year 2025. This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables,which are an accepted national tabular standard of the Highway Capacity Manual(HCM)methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay)to an LOS of F(reflecting a very high traffic volume with substantial congestion and travel delay). The most substantial traffic capacity deficiencies are predicted to occur within the eastern portion of the Fresno Metropolitan Area along Clovis Avenue and on Shields Avenue immediately east of Clovis Avenue. A substantial proportion of these street deficiencies are the result of land use decisions, development practices and public perceptions that have affected land use distribution throughout the region. These factors also include state planning mandates such as the need to accommodate projected population growth consistent with State planning law including the housing element mandates(California Government Code Sections 65583 through 65895.5). These decisions include the practice of segregating residential, commercial and industrial land uses so that industrial and other employment intensive uses were located in the southern portion of the metropolitan area, while predominantly residential uses were located in the middle and northern sectors. Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street r INITIAL STUDY Environmental Assessment No. R-03-14/T-5171 Page 9 March 5, 2004 capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report (MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments (COG) to project average daily vehicle trip (ADT) volumes on major streets. With development of the project site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 26,990±on Clovis Avenue and 18,450± on Minnewawa Avenue can be anticipated. With anticipated improvements completed by the development of planned land uses as required by city standards and policies, these streets are expected to ultimately function with a level of service (LOS) of D on Clovis Avenue and LOS C on Minnewawa Avenue. While an LOS of D is endorsed by general plan policy as the preferable standard, it is acknowledged that certain identified segments and corresponding major street intersections will function at a less desirable level of service (E or F) during the peak travel periods of the day. In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate a portion of the subject sites for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Each development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition, the residents.of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. These and other street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to and recognize the traffic generating characteristics of individual properties and, at the same time, afford the community an adequate and efficient circulation system. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated March 5, 2004. 11.0—URBAN SERVICES 11.1—Availability of Fire Protection The project site is located within the City's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. The proposed project is located within three miles of Fresno County Fire Station No. 87 and is within the Service Area of City Fire Station No. 15 which is currently under construction. ti INITIAL STUDY Environmental Assessment No. R-03-14fT-5171 Page 10 March 5, 2004 11.4—Overcrowding of School Facilities The project site is served by the Sanger Unified School District The district has adopted development fees in accordance with current state law and currently levies a development fee for residential development. Development of the project site will be subject to the fees in place at the time fee certificates are obtained. In addition, the district has requested that the owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. 11.6—Availability of Sewer Lines of Adequate Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the 1984 Fresno General Plan's projected population holding capacity of 588,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day(MGD) which is sufficient to accommodate continued planned urban development including the proposed project. The Public Utilities Department has determined that the estimated average daily sewage flow generated by this project is 66,240 gallons per day. It has also been determined by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed with the environmental assessment. The nearest public sanitary sewer main to serve this project is located in South Clovis and South Minnewawa Avenues. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable,the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated March 5, 2004. 11.7—Availability of Storm Water Drainage Facilities On or Off Site In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of five or more acres of land. The property owner of this development site has been informed of that requirement and of his,and any business 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. 14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. r INITIAL STUDY Environmental Assessment No. R-03-14IT-5171 Page 11 March 5, 2004 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology 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. DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a .significant effect on the environment. This is based upon the mitigation measures required as conditions of proiect approval which are referenced by this environmental assessment and are conditions upon which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. 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