HomeMy WebLinkAboutT-5171 - Report - 3/10/2005 r
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"'' REPORT TO THE CITY COUNCIL
QL FRES• AGENDA ITEM NO. /o : OD am
COUNCIL MEETING lilz7/0 Ll
April 27, 2004 APPROVED BY
FROM: NICK P. YOVINO, Director DEPARTMENTDIRECT
Planning and Development Departme CITYMANAGER
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 AgriculturaWrban 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 AgriculturallUrban Growth Management) and AE-20 (County) to the R-1/UGM (Single Family
ResidentiallUrban 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 ResidentiaUUrban 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
North Medium Density Residential and AE-5/UGM Agricultural
Office Commercial Exclusive Five Acre AgriculturaUUrban
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 Residential/Urban
Growth Management
West Medium-Low Density Residential AE-5 Agricultural/Vacant
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 Residential/Urban 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.
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 for the 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.
Landscaping/Walls
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 California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has
asserted that new development within the Roosevelt Community Plan contributes a substantial numbet 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 Cityto 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.
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 Fresho-
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.
K1CommonWlaster Files-20031'REZONEIR-03-014-T-5171-DEBAR-03-14,T-5171 RCC 4-27-04.wpd
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
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N DEPARTMENT
REZONE APPLICATION NO. R-03-014
From AE-5/UGM&AE-20(County)to R-1/UGM A.P.N.: 481-100-0.1,06
TENTATIVE TRACT NO. 5171 w E
ZONE MAP: 2655
West of S. Clovis Av., South of E. Church Av. s
NOT TO SCALE BY/DATE: J.S. ! 5-16-03
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5;1Qom'aFIlffi R�4—BUSIF�7R.ANSPORTATION AND HOUSING AGENCY ARNOLD SCNW R7E R r ernor
DFPAWMENT OFIRA.NSPORTATION
.1152 WESTOUVE AVENUE e
P.O.BOX 12616
FRESNO,CA 93778-2616
'HONE (559)445-6666
Flex your power!
4X (5.59)-488-4088 ,• Be energy efficient!
.iTY (559)488-4066
April 13, 2004 P 0\1
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6-FRE-180-63.4+/-
R-03-14 & T-5171
SUN RIDGE DEVELOPERS
Mr. Nick Yovino, Director
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Yovino:
Caltrans notes that on April 7, 2004 the PIanning Commission heard. an item for a rezone
and tract map for property located on the west side of South Clovis Avenue between East
Church and East Jensen Avenues. Caltrans has the following comments:
Caltrans was not provided with an opportunity to comment on this project. This project is
of special concern as the City has either approved or is reviewing a significant number of
subdivisions in the general vicinity of this project. The project-generated trips from these
various projects could have a cumulatively significant impact to the State Route
180/Clovis_Avenuc .and Fowler Avenue interchanges. As the City's General Plan Update _.
did not analyze for cumulative impacts to transportation or air quality, and did not analyze
the State facilities at all, a Traffic Impact Study (TIS) is needed to assess impacts and
provide appropriate mitigation measures. As per the City's policy, please have the
preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic
Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the
traffic study is conducted. Caltrans Guide, while advisory, contains Best Practices and
gives insight into Caltrans' expectations when reviewing a traffic study. If the traffic
consultant has any issues or concerns regarding the use of the Guide or its interpretation,
please contact us so resolution can be reached.
It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will
produce 100 or more peak-hour trips (as this project will do) to evaluate the project's
contribution to increased peak-hour vehicle delay at major street intersections adjacent or
proximate to the project site (Mitigation Measure B-4). Has such an analysis been done?
"Caltrans improves mobility across California"
Mr. Nick Yovino
April 13, 2004
Page 2
The City should consider a transit alternative for this project. The project is of sufficient
size to support transit, and early planning could make such an alternative feasible.
Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for
their review and comment. Please see Attachment Number 1 for other recommended
transportation alternatives.
We request that this letter be made part of the permanent record for this project and that a
copy of our letter be included in the staff report for the City Council as we were not
provided an opportunity to comment on the project before it went before the Planning
Commission. This will provide the decision-making body and the general public with a
complete and accurate environmental evaluation for the project.
Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this
item. If you have any questions, please call me at (559) 445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning
District 6
Enclosure
C: Mr. Gil Haro, Planning Manager, Development Department
Ms. David Braun, Planner III, Development Department
Ms. Barbara Goodwin, Executive Director, Council of Fresno County Governments
"Calfrrans improves mobility across California"
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
Fly dii A Iy 'i
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 Agriculture/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 thatwill 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.
• H2S. (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"every feasible 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 VIII, 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.
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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 projectshall implementand 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 Project 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.
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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.
Mitigation 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.
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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.
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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 Magor Street for which
Capacity Deficiencies are Progected
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 trafficflow
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
INITIAL STUDY
Environmental Assessment No. R-03-14/T-5171
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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.
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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 orderto 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 fora 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.
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Environmental Assessment No. R-03-14/T-5171
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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 project 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.
SACK:\Master Files-2003VREZONE\R-03-014-T-5171-DEB\R-03-14-T-5171-InitialStudympd
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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-03-141T-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 Vang, seconded by Commissioner Harrington.
VOTING: Ayes - Vang, Harrington, Brown, Kissler, Brand
Noes - None
Not Voting - None
Absent - DiBuduo, White
DATED: April 7, 2004 ICK P.4V O, Secretary
Fresno City Planning Commission
Resolution No. 11985
Vesting Tentative Tract Map No. 5171/UGM
Filed by Sun Ridge Developers
Action: Approve
K1CommonWlaster Files-20031'REZONEIR-03-014T-5171-DEBIT-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'ResidentialAAban Growth Management) zone
district
EXISTING ZONING: AE-5/UGM (Exclusive five acre agricu/turalAftan 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 00 58' East 357 feet and South 890 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 890 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 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 10 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 Resolution 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 corner 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.
Excepting therefrom the following described land:
Commencing at the East quarter corner 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 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.
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
r�
DATED: April 7, 2004 NICK P. Y INO, Secretary �'
Fresno City Planning Commission
Resolution No. 11986
Rezone Application No. R-03-14
Filed by Sun Ridge Developers
Action: Recommend Approval
KACommonWlaster Files-2003VREZONE\R-03-014T-5171-DEBAR-03-14PC Reso 11986.wpd
Recording Requested by:
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder's Office
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BY SECONDED BY
BILL NO.
ORDINANCE NO.
AN ORDINANCE 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
Agricultural/Urban Growth Management) to the R-1/UGM (Single Family ResidentiaUUrban Growth
Management) zone district; and,
Ordinance Amending Official 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 12-403-8 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 Sectionl7, 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 corner 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.
Ordinance Amending Official Zone Map
Rezone Application No. R-03-14
April 27, 2004
Page 3
Excepting therefrom the following described land:
Commencing at the East quarter corner 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 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-1/UGM (Single Family Residential/Urban 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 00 58' East 357 feet and South 890 24' West 1320 feet
from the East quarter corner 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 890 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 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 10 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 89°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.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held
on the day of , 2004, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Rezone Application No. R-03-14
Filed by Sun Ridge Developers
Assessors Parcel Nos. 481-100-01-06
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CITY OF FRESNO MITIGATED NEGATIVE DECLARATION
RECEIVED
Initial Study is on file in the Planning and Environmental 20N 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 Ci
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 propertyfrom 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 categorywhich
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 1.2-505 of the Fresno Municipal Code.
INITIAL STUDY PREPARED BY: David Braun UBMI E Y:
Planner III 1�
DATE: March 5, 2004 GILBERT J. HARD, Planning ager
PLANNING AND DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EFFECTS
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 fncompatibifity 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 source-
1 6.0 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.