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Home My WebLink AboutT-5175 - Conditions of Approval - 3/10/2005 ity of FRES''�� `I1�` REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-A � COMMISSION MEETING: 9/17/03 September 17, 2003 APPPQ&=BY FROM: STAFF, Planning Divisio 'pEpAR�I DI4a_�4�L_Planning and Develop epa ent SUBJECT: CONSIDERATION OF STING TENTATIVE TRACT MAP NO. 5175/UGM EXECUTIVE SUMMARY Vesting Tentative Tract Map No.5175/UGM is a request to subdivide 6.75 acres into a one-lot condominium subdivision located at the west side of North Chestnut Avenue between East Shepherd and East Teague Avenues. The project will consist of a 102-unit, two-story, gated condominium development. The property is zoned R-2/UGM, Low Density Multiple-Family Residential/Urban Growth Management, and is consistent with the medium-high density residential land use designation shown for the subject property on the adopted 2025 Fresno General Plan and the Woodward Park Community Plan. Conditional Use Permit No.C-02-059 was filed for the subject property and approved by the Fresno City Planning Commission on February 19, 2003, which will allow the 102-unit multiple-family residential development. Staff recommends approval of Vesting Tentative Tract Map No. 5175/UGM. PROJECT INFORMATION PROJECT: A one-lot condominium subdivision on 6.75 acres consisting of a 102-unit, two-story, gated residential community to be developed at a density of 15.1 units per acre APPLICANT: Spalding Wathen LOCATION: The west side of North Chestnut Avenue between East Shepherd and East Teague Avenues (Council District 6, Councilmember Duncan) SITE SIZE: 6.75 acres LAND USE: Existing - Vacant Proposed Multiple-Family Residential ZONING: R-2/UGM, Low Density Multiple-Family Residential/Urban Growth Management PLAN DESIGNATION Existing R-2/UGM zoning and medium-high density residential AND CONSISTENCY: land use designation consistent with 2025 Fresno General Plan and Woodward Park Community Plan ENVIRONMENTAL FINDING: Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 14, 2003 PLAN COMMITTEE Northeast Area Plan and Implementation Committee RECOMMENDATION: recommended approval on July 28, 2003 STAFF RECOMMENDATION: Approval REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5175/UGM Page 2 September 17, 2003 BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE Community Commercial/Office C-1/UGM Ralph's Shopping Center (Neighborhood Shopping CenterNrban Growth NORTH Management) C-P/UGM Daycare Facility Administrative and Pro essional Office/Urban Growth Management) Medium-Low Density Residential R-1/UGM (Single Family SOUTH Residential/Urban Growth Rural Residential Management) R-1/UGM EAST Medium-Low Density Residential (Single Family Single-Family Residential Residential/Urban Growth Management) Medium Low Density Residential R-1/UGM Single Family Residential (Single Family WEST Residential/Urban Growth Management) ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. T-5175/UGM considered potential environmental impacts associated with the subject subdivision 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 and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 14, 2003, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ANALYSIS Vesting Tentative Tract Map No. 5175/UGM proposes a one-lot condominium subdivision consisting of a 102-unit, two-story, gated residential community. The overall site is 6.75 acres in area and is zoned R- 2/UGM, Low Density Multiple-Family Residential. Conditional Use Permit No. C-02-059 was filed for the subject property and approved by the Fresno City Planning Commission on February 19, 2003, which will permit the 102-unit, two story gated multiple-family residential project. Approval of the Vesting Tentative Tract Map will allow for the individual sale of the residential units as condominium airspace. A one-lot condominium map process is allowed by a provision of State law. The condominium process allows for the sale of individual air space to individual buyers and requires that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5175/UGM Page 3 September 17, 2003 On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan, which updated the Woodward Park Community Plan. The updated community plan designates the subject property for medium-high density residential land use as amended by Plan Amendment Application No. A-02-06 approved by the City Council on February 25, 2003. The applicant wishes to pursue development of the subject property with 102 two-story multiple-family residential units. The requested R-2/UGM zone district conforms to this medium-high density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land use and Zone District Consistency Matrix." The Northeast Plan and Implementation Committee reviewed Vesting Tentative Tract Map No. 5175/UGM and recommended approval of the project. Circulation Vesting Tentative Tract Map No. T-5175/UGM proposes to have two access points along North Chestnut Avenue. The southern most access point proposes to have a left-turn pocket into the development from Chestnut Avenue. Typically under this scenario, Public Works Standard No. P-76 is imposed on the project. This standard requires a 90-foot stopping distance from the property line to the entrance gate with no parking permitted. The applicant has appealed this requirement. The site plan for this project depicts a 75-foot stopping distance with six parking stalls. These stalls are located outside of the entrance gates and are intended for use by prospective buyers/renters visiting at the main office. The applicant believes the proposed 75-foot stopping distance is adequate since a similar development, built by the same applicant, currently exists at the northwest corner of Cedar and Alluvial Avenues. After extensive review by Public Works staff, it was determined that applicant's design (75-foot stopping distance)as depicted on Exhibit"A" dated September 25, 2002 for Conditional Use Permit No. C-02-059, is acceptable for development of this property. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of Findings Nos. 2 through 5, below, is made in the negative. In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan because the land use element of these plans designate the site for medium-high density residential land uses. The proposed density of the project is consistent with these land use designations. 2. This site is physically suitable for the proposed type and density of development because conditions of approval will ensure adequate access and drainage on and off the site. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5175/UGM Page 4 September 17, 2003 3. The proposed subdivision design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urb nized nature of the area in which the site is located and the area's long-term developed use for reskiential development. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval will ensure that the subdivision conforms with City health and safety standards including (but not limited to) the extension of sanitary sewer and water service. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will ensure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed units. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action on the proposed tentative tract map, unless appealed to the Council, is final. Conditions of Approval 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5175/UGM, dated July 8, 2003. 2. Development shall take place in accordance with Exhibit"A"dated September 25,2002,for Conditional Use Permit No. C-02-059 as approved by the Planning Commission on February 19, 2003, and all conditions approved therein. 3. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 5175/UGM dated September 17, 2003. CONCLUSION/RECOMMENDATION 1. APPROVE the environmental finding of Environmental Assessment No.T-5175/UGM that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 14, 2003. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5175/UGM Page 5 .. September 17, 2003 2. APPROVE Vesting Tentative Tract Map No. 5175/UGM subject to compliance with the Conditions of Approval dated September 17, 2003. KAMaster Files-2003\Tract 5175-MS\TT-5175-PC Report 9-17-03.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5175/UGM, dated July 8, 2003 Exhibit"A"of Conditional Use Permit No. C-02-059 Conditions of Approval, dated September 17, 2003 Letter from Fresno Metropolitan Flood Control District dated August 1, 2003 Letters from Caltrans dated July 21, 2003 Environmental Assessment No.T-5175 dated August 14, 2003 _ spa LLUQ C OGaCO + lug 92 M jC,/ � 0000na ' dp��d000 ��/ �000000 cl an�dd�p i� L'��3C0 nCal U 4 P q t Q�ppy�q npg000000� �++Sd�Cl :m00 0oo��oQ H UO ell, ULOxxr, itdILI > O n k xb yw.y^�,y J N rl i d 6 e K d d d N - d d 9 F rY. �t1 ii gg� ■gg6 C E2 21 aa a • ----. a 'fill' 11 000 r NO taa®- o--- „� --- 1 - .� �--------� }73• 1' I Ij1IN l rl s \ I LAN I � 0 i tl1 1!h 1 � 11 •�1 '�l ;if ilii �;i1 IM �fi1 ;ii! 110 11i! z,. MUM= _ � ill ! 111 1!111 O■■■■■ ■ � � ,gin o ° ° 1«�� •�**.Li♦......... 'elf �-� ��, iia:� �■■ ��i�1 1, . i �. �' ii�;�:o/ %fit: ,:,.�� /�i=1..;;. .� t•�,If a"!�; {�I�,,-�t kk I Ali All �� E�IM!•��'� 1_� ` �jiI11��:�ti�Ii��1 i i�.—..�� lil�� +!!. >KW NJ i FIR ►MeA o.wOLLM - � �� --f�{ ��{�. ► �� ill :1��+ � p� �r✓� �� •`tee vJ u _ ��. � � � 'aIle: !i��.....,__�yT�' ��`-- �� _ � r a ��p■ P .rmar=r.f.re�roe�r#�..��...�.ro��r�>9► � � CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL September 17, 2003 VESTING TENTATIVE TRACT MAP NO. 5175 East side of North Chestnut Avenue between East Shepherd Avenue and East Teague Avenue All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this tentative map. Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the Imposition of the fees, dedications,reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval or conditional approval of Vesting Tentative Map No. 5175/UGM entitled "Exhibit A,"dated July 8,2003,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). Approval of grading plan is required prior to Final Map approval. Grading plan shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. 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 public improvements and work. Improvement plans shall be approved by the City prior to the approval of the Final Map. If Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 2 September 17, 2003 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 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. Concurrent with the filing of a final map and when the provisions of Section 66436 of the Subdivision Map Act apply,the subdivider is responsible to send, by certified mail,a sketch of the proposed final map, together with a copy of SMA Section 66436(a)(3)(A), to any public entity or public utility which has previously acquired a right-of-way or easement. 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;" Resolution No. 70-36, "Standard Specifications 1970,"as amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984," as amended. 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 thereto;and in accordance with the requirements of State law as related to vesting tentative tract 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 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 per State law. 9. The approval of Vesting Tentative Map No. 5175/UGM is subject to the conditions of City of Fresno Conditional Use Permit No. C-02-059 approved by the Fresno City Planning Commission on February 19,2003,and all exhibits therein. These include Exhibit"A"dated September 25, 2002; Exhibits "B-1" through "B-8" dated April 2, 2002; Exhibit "C" dated June 19, 2002; and Exhibit"L"dated April 24, 2002. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 3 September 17, 2003 10. The subdivider shall create a homeowners' association for the maintenance of all landscaped areas within the subdivision. A proposed Declaration of Covenants,Conditions,: and Restrictions (CC&Rs) shall be prepared and the proposed instruments for the homeowners'association shall be submitted to the Planning and Development Department for review two(2)weeks prior to Final Map approval. Said document shall be recorded with the Final Map(s) or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners' association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs, dated January 11, 1985. Information 11. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 12. Contact the United States Postal Service - Fresno Office for the location and type of mailboxes to be installed in this subdivision. 13. 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 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. 14. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (phone number during business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County 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. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 4 September 17, 2003 15. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the developer/owner to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple Final Maps filed by the developer/owner on this tract shall fully and independently conform to all provisions of Chapter 12,Article 10 of the Fresno Municipal Code(Subdivision of Real Property). 16. Apportionment of Special Assessment: If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment. The application shall contain at least the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s)of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s)by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 17. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. PARK SERVICE 18. The subdivider shall comply with the Parks Division memoranda dated August 5, 2003 and June 28,2002 for Vesting Tentative Tract Map No. 5175/UGM and Conditional Use Permit No. C-02-059, respectively. Urban Growth Management Requirements 19. The subdivider shall be required to pay the appropriate UGM Park Capital Facilities Fee at the time of Final Map approval. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 5 September 17,2003 FIRE SERVICE 20. Comply with the requirements of the attached Fire memorandum dated May 2,2002,issued for Conditional Use Permit No. C-02-059 and notes on Exhibit "A" dated September 2 , 2002,for fire hydrants and for emergency access. (Contact fire Prevention at 621-1023 for further information). 21. The subdivider shall install fire sprinklers in each residential unit and in the recreation room/lounge building as required by the Uniform Building Code. Urban Growth Management Requirements 22. The subdivider shall pay the appropriate Fire Station Capital Facilities Fee at the time of Final Map approval. STREETS AND RIGHTS-OF-WAY 23. All required signing and striping shall be done by, and paid for, by the subdivider. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be submitted along with the street construction plans to the Transportation Section of the Public Works Department for review and approval. 24. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four-foot minimum unobstructed path requirement. 25. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications. 26. All existing and proposed utility systems shall be installed underground in accordance with Section 12-1011(h) of the Fresno Municipal Code. 27. The subdivider shall construct an underground street lighting system per Public Works Standard E-1 within the limits of the tract. Spacing and design shall conform to Public Works Standards. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187,78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 6 September 17, 2003 Frontage Improvement Requirements North Chestnut Avenue(Arterial) 28. Dedicate an easement for street right-of-way purposes within the limits of this tract to meet current City of Fresno arterial street standards. Construct concrete curb, gutter, 10-foot residential sidewalk pattern,20-feet permanent paving,and transition paving as necessary north and south of this subdivisions determined by the street plan review process. 29. Design and construct the entrances as depicted on Exhibit"A"dated September 25, 2002. This exhibit shows a 75-foot stopping distance from the east property line abutting North Chestnut Avenue to the entrance gate at the project's southern entry point. 30. Vehicular access to North Chestnut Avenue shall be from entryways only. Urban Growth Management Requirements In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and service vehicle access, the following improvements are required. 31. Vesting Tentative Tract Map No. 5175/UGM is located in UGM Major Street Zone F. The subdivider shall pay the appropriate UGM Major Street fee at the time of Final Map approval. a. Construct a raised concrete median island within the frontage of this tract. b. Construct the two 17-foot center section travel lanes from the intersection of Shepherd and Chestnut Avenues to the southerly boundary of the tract. SEWER SERVICE 32. A 12-inch sanitary sewer main is existing in North Chestnut Avenue. No public sewer main extensions are required for Vesting Tentative Tract Map No. 5175/UGM. The following conditions are required to provide sanitary sewer service to the subdivision: a. Separate sewer house branches shall be provided to each lot created. b. All public sanitary sewer facilities shall be constructed in accordance with the City of Fresno standards, specifications, and policies. c. Sewer utility improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City of Fresno's sewer system. d. The subdivider shall pay the appropriate sewer connection charges at the time of Final Map approval. 33. The developer shall be required to enhance (by pipe lining) the 42-inch segment of the Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 7 September 17, 2003 Herndon Trunk Sewer between North Fresno Street and North Howard Avenue impacted as a result of this project. As an alternative to the above, the City is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impact on the sewer system Urban Growth Management Requirements 34. The tract is located in the Herndon Trunk Sewer Charge Service Area. Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). WATER SERVICE 35. A 14-inch Transmission Grid Water Main is existing in North Chestnut Avenue. No public water main extensions are required. The following conditions are required to provide water service to Vesting Tentative Tract Map No. 5175/UGM: a. The tract is required to have a minimum of two points of connection to public water sources approved by the Water Systems Manager. b. Separate water services shall be provided to each lot created. c. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. d. Water utility improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City of Fresno's water system. e. The subdivider shall pay the appropriate water connection charges at the time of Final Map approval. OFF-SITE PUBLIC UTILITIES (SEWER AND WATER) 36. The subdivider shall be required to construct any sewer and water mains necessary to serve adjacent properties prior to placement of any permanent street surfacing. ON-SITE PUBLIC UTILITIES (SEWER AND WATER) 37. If on-site public sewer or water mains are proposed, the feasibility of the on-site system must be approved by the City Department of Public Utilities prior to plan review by the Public Works Department. Public utility easements must be provided to guarantee maintenance and repair access to utility pipelines and services and/or private sewer lift stations. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 8 September 17, 2003 Urban Growth Management Requirements 38. The tract is located in Water Well Service Area No. 101S. The subdivider shall pay the appropriate water supply well charge at the time of Final Map approval. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 39. The developer/owner of property located within the UGM boundaries shall comply with all sewer,water,and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements)in accordance with the requirements of State Law as related to vesting tentative tract maps. 40. The subdivider will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acguisition 41. The subdivider will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general,this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 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 furnish to the City Public Works Department, Engineering Division/Real Estate Section,an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 9 September 17, 2003 FLOOD CONTROL AND DRAINAGE 42. The subdivider shall be required to pay any applicable storm drainage fees to comply wio Fresno Municipal Code Chapter 13, Article 13. 43. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated August 1, 2003. DEVELOPMENT FEES AND CHARGES 44. This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE A. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) B. Oversize Charge $0.05/sq. ft. (to 100-foot depth) C. Trunk Sewer Charge Service Area: Herndon S.T.E.P.* D. Wastewater Facilities Charge S.T.E.P.* *Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,Environmental Services Section(559-621-5153) E. House Branch Sewer Charge n/a F. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE G. Service Connection Charge Fee based on service and meter sizes specified by owner; fee for service and Meter established by the Master Fee Schedule H. Frontage Charge $6.5011ineal foot I. Fire Hydrant Charge $0.75/100 square foot (to 250 foot parcel depth) Conditions of Approval Vesting Tentative Tract Map No. 5175/UGM Page 10 September 17, 2003 J. Transmission Grid Main Charge $560/gross acre K. Transmission Grid Main Bond Debt Service Charge $243/gross acre L. UGM Water Supply Fee Service Area 101 S $397/living unit M. Well Head Treatment Fee Service Area 101 S $0 N. Recharge Fee Service Area 101S $0 O. 1994 Bond Debt Service Area $895/living unit DEVELOPMENT IMPACT FEE FEE RATE P. Northeast Fresno Policing Area $85/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* Q. UGM Fire Station Capital Fee Service Area 13 $307/gross acre R. UGM Park Fee Service Area 1 $5,070/gross acre S. Major Street Charge Service Area E-1 $2,500/adjusted acreage T. Major Street Bridge Charge Service Area E-1 $50/adjusted acreage U. Traffic Signal Charge $860/adjusted acreage V. UGM Grade Separation Fee n/a X. Trunk Sewer Charge Service Area n/a Y. *Street Acquisition/Construction Charge n/a These fees and charges are due as a condition of Final Map approval. At the option of the subdivider, the payment of certain fees and charges may be deferred to the time of issuance of a Certificate of Occupancy pursuant to a covenant in accordance with the provision of Fresno Municipal Code Section 12-4.604. KAMaster Files-2003\Tract 5175-MS\TT-5175-COA-Wathen-9-17-03.wpd File No.2]0.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami, Chief Engineering Tech.SPALDING G.WATHEN j Development Services Department 4470 N. EFFIE City of Fresno FRESNO,CA 93726 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5175 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " CX - DRAINAGE AREA " CX $28,959.00 DATE o3 DRAINAGE AREA - - TOTAL FEE $28,959.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. y 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. s175 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these 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 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). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. 5175 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits)require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) 1 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,approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board(State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train employees O in permit compliance, and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, y 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. 5175 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. L District Engineer Project Engineer: Elle Phetdaovieng C: PRECISION CIVIL ENGINEERING 7555 N. DEL MAR, #204 FRESNO,CA 93711 5175 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. BASIN "R" SHEPHERD AVE. N 24• _CX• ... p, 'R" / w — / a .R. > • ' SCALE 1"=300, < .. z 'v' z31. Q Ir W �G U 1 'J U COLE 24"AVE. of 4• 20' W I 15' 24• z I— > LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - INLET & LATERAL —— EXISTING MASTER PLAN FACILITIES • • DRAINAGE AREA BOUNDARY DIRECTION OF DRAINAGE ® EXISTING STORM DRAIN EASEMENT TRACT 5175 EXHIBIT NO. 1 DRAINAGE AREA: "Cr E FRESNO METROPOLITAN FLOOD CONTROL DISTRICT .t\DWOCDWC\&" c\owcs\c«w ff\MAC s\a,7s.owc AM o,-00 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. There is an existing fifteen-foot(15') wide storm drain easement along the southerly property line and an existing twenty-foot (20') wide storm drain easement along the westerly property line, as shown on the attached sketch. Due to the limited access to the District Master Plan facilities, the District shall not permit any encroachments including fences and patios within the easements except landscaping. As an alternative, the Developer may relocate the twenty-four inch (24") storm drain facilities to an alignment acceptable to the District. Said relocated storm drain to be placed in a twenty-five foot (25') wide storm drain easement. Development No. Tract 5175 engr%permitsbxhibit2\ractsl5175(ep) STATE 6F CALIFORNIA—BUSINESS.TRANSPC tTION AND HOUSING AGENCY GRAY DAVIS.Governor DEPARTMENT OF TRANSPORTATION 1362 WEST OLIVE AVENUE P.O.BOX 12616 , 0 FRESNO, CA 93778-2616 PHONE (569)445-6666 VIE your power! U u FAX (659)488-4088 [E�RE P V IE D Be energy efficient! TTY (659)488-4066 q JUL 2.4 2003 July 21, 2003 Planning Division Development Department CITY OF FRESNO 2131-IGFJCEQA 6-FRE-41-R31.49+/- T-5175 Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Sanchez: Caltrans has reviewed the Vesting Tentative Tract No. 5175 proposing a condominium subdivision of 102 units. The project is located on the west, side of North. :.Chestnut Avenue between East Teague and East Shepherd Avenues, aiith'or zed by Conditional Use Permit No." C-02-59. Caltrans has the-following comment: Our previous comments from April 30, 2002 still apply(copy enclosed). The Conditional Use Permit was approved with a mitigated negative declaration. However, project-related impacts to the State Highway System (as identified in our letter of April 20, 2003) were not mitigated and, therefore, remain as significant. Therefore, as this project's direct as well as cumulative impacts were not reduced to a level of insignificance, a mitigated negative declaration was an inappropriate environmental document. If impacts cannot (or will not) be mitigated, the City needs to require an Environmental Impact Report and then make a finding of overriding consideration in order to be in compliance with CEQA. The environmental assessment included with this project application fails to provide an adequate evaluation of the impacts to the transportation/circulation system and neglects to propose mitigation for. the project's impacts to State facilities. Partial analysis, like that included with this application, does not provide sufficient information of the environmental impacts of implementing the project. We must point out to the City that the primary responsibility_ for disclosing, all project-related 'environmental impacts lies with the lead agency. Without full-disclosure,..the'decision-making body cannot make an informed determination _as to a .project's-=impacts. - Full disclosure. includes impacts to State Highways, not just impacts to local roads. "Caltrans improves mobility across California" Mr. Mike Sanchez July 21, 2003 Page 2 While the proposed project may be consistent with the new City of Fresno General Plan, mere consistency does not alleviate a project from providing an environmenft'l review of the project's impacts. We would like to bring the City's attention to the "Thresholds of Significance" handout in the October 23, 2001 Fresno City Council Workshop on CEQA, presented by City Planning Staff. This handout states that: "Accordingly, at least two courts have held that conformity with a general plan does not insulate a project from EIR review where it can be fairly argued that the project will generate significant environmental effects (Oro Fino Gold Mining Corp. v. County of El Dorado (1990 225 Cal.App.3d 872, and City of Antioch v. City Council (1986) 187 Cal.App.3d 1325.)" In addition,consistency with the 2025 General Plan does not insulate a project from EIR review due to the type of EIR used for the General Plan Update. The City utilized a "Master" EIR (MEIR) to support the General Plan Update. That MEIR failed to provide any analysis of the implementation of the policies within the new Plan and was completely devoid .of any cumulative analysis. As we stated in our . comments on the General Plan Update, the MEIR prepared to support the update was of insufficient detail to make even the most basic assumptions as to the ability of the City to address its environmental issues with regard to transportation/circulation and air quality. No analysis on what transportation modes would work, how they would inter-act, etc. was provided. Caltrans has noted problems with the City's use of MEIRs in the past. With a MEIR, each subsequent project needs to be individually analyzed to determine if its impacts have been fully evaluated and mitigated within the MEIR, or if additional review is needed. It is Caltrans' experience that the City views virtually any subsequent project as having been fully analyzed in the MEIR when this is not the case, particularly in light of the lack of specificity provided in the recent General Plan Update MEIR. Simply preparing a broad, non-specific environmental document does not alleviate the lead agency of its responsibilities under CEQA related to the impacts created by individual projects. It appears that the City agreed with Caltrans that project-specific analysis would be needed as the City responded to Caltrans comments on the draft MEIR as follows: "The urban transportation planning process, which relies heavily on computer models, is a macroscopic tool that uses an abstract computerized representation of the street and highway network in the "Caltrans improves mobility across California" Mr. Mike Sanchez July 21, 2003 Page 3 traffic assignment. It can not be used at the microscopic or site planning level because it does not provide the following. • Reliable projections of turn movements at individual intersections or access drives; • Reliable directional projections of the traffic volumes on individual street segments; • Reliable estimates of traffic volumes for different access locations and or designs; • The effect of numerous access points to an arterial as opposed to only a few direct access points; • 'Effects. of modest changes in; the location 'of activities; e.g., the positioning of 250,000 square feet of retail floor area on each of the four quadrants of an intersection versus the location of all 1 million square feet in one quadrant; • Reliable estimates of the traffic on the frontage roads separate from that of the main lanes of a freeway or at-grade arterial. Site planning involves analysis of the traffic impact of specific proposed development, the adequacy of the access drives and the suitability of the on-site circulation and parking. Such analyses are site-specific and micro-scale. Consequently, different analytical procedures are involved. The site specific nature of traffic analyses of individual proposed development projects requires more detailed methods and techniques than those that are suitable for the evaluation of transportation-land use alternatives, which is the objective of the urban transportation study." Caltrans agrees that site planning involves analysis of the traffic impact of specific proposed development, the adequacy of the access drives and the suitability of the on- site circulation and parking. Such analyses are site-specific and micro-scale. ,As:the City states, additional project-specific analysis of subsequent development will be necessary. As the project-specific analysis for this development was not conducted prior to the previous application's approval, a transportation analysis should be provided at this, the tentative map stage, to fully address mitigation. The project will contribute significant impacts to the transportation/circulation system, including the State Highway System. In the absence of the City of Fresno including State facilities in the City's Urban Growth Management (UGM) Fee Program, it has been the consistent practice of this office to recommend that the applicant contribute the project's proportionate fair share for improvements to mitigate these impacts consistent with Nollan/Dolan. Caltrans recommends that a Traffic Impact Study be conducted to assess the project-related impacts to the State Highway System and the pro-rata fair share towards area-wide circulation improvements. Please reference the "Caltrans improves mobility across California" Mr. Mike Sanchez July 21, 2003 Page 4 Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002 Because these impacts are development-driven, the City should consider collecting mitigation from the developer/project proponent. r CEQA Guidelines identify five categories of mitigation: measures that avoid, minimize, rectify, reduce or eliminate, or compensate for the significant environmental effect of the proposed project (Guidelines Section 15370). As this project will result in cumulatively significant impacts to transportation, Caltrans requests for a pro-rata fair share to mitigate the project-related impacts falls into the categories of "rectify" for the traffic impacts to State facilities and "reduce" for the project's potential impacts to.air.quality. It is the City's responsibility under CEQA, as lead agency to mitigate projects creating impacts to resources, including the State Highway System. We note that the City regularly conditions mitigation for local streets through the City's UGM fee program. Unfortunately, this fee program does not currently include State facilities. The City of Fresno has disputed the legality of mitigation for project-related impacts to State facilities. The City has apparently confused mitigation fees with the City's obligations under CEQA. Failure to require mitigation for project-related impacts to the transportation system will increase congestion and further exacerbate the valley's poor air quality conditions. Caltrans requests a scoping meeting for this project. The following CEQA Section supports our request: 21083,9: Lead Agency shall call scoping meeting, if Caltrans requests one. (a)Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following: (1) A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation. Please let us know as soon as possible as to when the City of Fresno would like to hold this scoping meeting. 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. Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and "Caltrans improves mobility across California" Mr. Mike Sanchez July 21, 2003 Page 5 congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. The potential of commuter shuttles should be examined. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. The City should provide for continuity of non-motorized transportation. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. A transit alternative to reduce traffic impacts may be an option. We noted in the General Plan Update that a number of Policies were to be developed at a later date. One of these is: • Policy A-1-a: Within 90 days of the adoption of the 2025 Fresno General Plan, the mayor and city council shall jointly convene to develop a general plan implementation program. The program must be approved by the mayor and city council within 180 days of adoption of the general plan and consist of a prioritization of plan objectives and accompanying implementation measures, and a procedure to annually review, incorporate, and allocate the priority implementation measures into the city's budget. The 90-day deadline has passed; has the implementation program been developed? We are now also past the 180-day deadline for the prioritization of plan objectives and accompanying implementation measures. Has the City met these deadlines? Will a fiscal analysis, the type of analysis needed to determine if these concepts are even feasible, be included? Will either of these documents and/or programs be available for public and agency review and comment? "Caltrans improves mobility across California" Mr. Mike Sanchez July 21, 2003 Page 6 We have asked for this information numerous times, and have had no response from staff. In addition, we also request clarification on the following: 1. What actual timeframe does the new General Plan cover? 2. Is it anticipated that full build-out of the General Plan will occur within this timeframe? 3. What is the estimated timeframe to achieve the population estimate as included in the General Plan? 4. Will the Mid-Rise/High-Rise Corridor exist within the estimated timeframe to reach the above population estimate? 5. Is the Mid-Rise/High-Rise Corridor necessary to accommodate the estimated population? Please respond in writing to our request at your earliest possible convenience. 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 reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a response to our comments prior to staffs recommendations to the Planning Commission and the City Council. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" STATE OF CALIFORNIA-BUSINESS,TRANSPORTATICN AND HOUSING AGENCY GRAY DAVIS,Gmemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 � FRESNO, CA 93778-2616 TDD (559)488-4066 OFFICE (559)445-6666 FAX (559)488-4088 April 30, 2002 2131-IGR/CEQA 6-FRE-41-R3L49+ A-02-06/R-02-12/C-02-059 Mr.Mike Sanchez City of Fresno Planning Division, 2600 Fresno Street Fresno, CA 93721-3604 DearUr. Sanchez: We have reviewed the proposed general plan amendment, rezone and conditional use permit to allow a 102-unit condominium development on approximately 6.75 acres. The project site is located on the northwest corner of North Chestnut Avenue and the Cole Avenue Alignment. Caltrans has the following comments: SR 168 was designed with a 20-year planning horizon, based on planned land uses in the City of Fresno's General Plan. Decisions by the City of Fresno to intensify land uses in the Woodward Park Community Plan area will impact both SR 41 and SR 168 and will shorten the life spans of these freeways. This project will add additional vehicular traffic to both SR 41/Friant-Road and SR 168/Shaw Avenue, beyond that anticipated by our freeway design. Since this project will contribute to the decrease in the viability of the freeways, the project needs to mitigate these impacts to maintain the 20-year life span design. It is recommended that the project contribute its fair share for this mitigation, as will be determined through the nexus study being planned by the City of Fresno. - Local roads in the vicinity of the SR 41 interchange at Friant`.Road are experiencing severe queuing resulting in peak-period congestion that has the potential to exacerbate local (spot) as well as regional air quality concerns. This raises concerns pertaining to the cumulatively significant impact this project will have on air quality. Please send a response to our comments prior to staffs recommendations to the Planning Commission and the City Council. If you have any questions,please.call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resources Code DATER i NG: (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact l 2003 AUG 14 AM 8: 40 Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. CITY CLERK, FRESNO Cf, Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559)621-8277 Applicant: Initial Study Prepared By: Spalding Wathen Mike Sanchez, Planner III 4470 North Effie Avenue August 14, 2003 Fresno, California 93726 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Tract Map No. 5175/UGM The west side of North Chestnut Avenue between East Shepherd and East Teague Avenues (APN: 403-050-52) Project Description: Vesting Tentative Tract Map No.5175/UGM proposes a one-lot condominium subdivision consisting of 102-unit, two-story gated multiple family residential project at a density of 15.10 dwelling units per acre. The property is located on the west side of North Chestnut Avenue between East Shepherd and East Teague Avenues and is within the jurisdictions of the Woodward Park Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium high density residential planned land use (10.38 to 18.15 units per acre). Vesting Tentative Tract Map No. 5175/UGM will allow for the individual sale of the residential units as condominium airspace. The 102-unit project was previously approved as Conditional Use Permit No.C-02-059. The subject site is currently vacant and is surrounded by an approved single family development to the west and east. To the north, lies a community commercial shopping center and daycare facility. Property to the south is rural residential. Conformance to Master Environmental Impact Report(MEIR No. 10130): As previously indicated,the recently adopted 2025 Fresno General Plan designates the subject parcel for medium high density residential planned land use. The approved R-2/UGM zone district conforms to this medium.high density residential land use designation as indicated by the 2025 Fresno General Plan"Planned Land Use and Zone District Consistency Matrix". The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested subdivision map in accordance with the land use and environmental policies and provisions of the:2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed to be developed with a 102 unit multiple family residential complex at an intensity and scale that is permitted by the planned land use and existing zoning designations for the site. This 102-unit project was previously approved through Plan Amendment Application No.A-02-06,Rezone Application No. R-02-012 and Conditional Use Permit No..C-02-059. Thus,Vesting Tentative Tract Map No.5175/UGM will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover,it is not expected that the existing and future development, per the requested entitlement,will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessaryto assure that the project will not cause significant adverse cumulative Impacts,growth inducing impacts,and irreversible significant effects beyond those identified by MEI R No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. T-5175/UGM Page 2 August 14, 2003 Furthermore, a mitigated negative declaration was prepared for Environmental Assessment No. A-02-06/R-02- 12/C-02-059 regarding the plan amendment,rezone,and conditional use permit applications which was approved by the City Council on February 25, 2003 and is incorporated herein by reference. Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations,include impacts associated with the medium high density residential land use designation specified for the subject parcel. Based on this initial study,the project does not change the land use indicated for the subject parcels and will not generate additional significant effects not previously identified by the MEIR and subsequent Environmental Assessment No. A-02-06/R-02-12/C-02-059, incorporated herein by reference and no new additional mitigation measures are required. Therefore,the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project,the Planning and Development Department, per Section 15177 (d)of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). !4j 0 Z ilbert J. Haro Date Planning Manager, City of resno KWtaster Files-2002V1-02-MR-02-12&C-02-59-Wathen-MSWIEIR Finding of Conformity-T-5175.wpd Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. T-5175 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. T-5175 ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. T-5175 10 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 ca' city a& AIR QUALITY 1 11.7 Availability of storm water drainage faciliti (on or off site 1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreati areas 1 2.2 . Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2 Site subject to flooding 3.0 WATER 1 12.3 Adverse change in course of flow of flood waters 1 3.1 insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents use 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of ground water 1 3.3 Wasteful use of ground water 13.0 ,AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 13.3 Removal of street trees or other valuable vegetation 4.0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique,rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building,disruption of archaeological 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 14.2 Constriction or activity incompatible with adjacent historic site 5.0 ANIMAL LIFE 1 5.1 Reduction in the numbers of any rare,unique or 15.0 ENERGY endangered species 1 15.1 Use of substantial amounts of energy or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources of energy _]-,_ U HUMAN HEALTH 1 15.3 Wasteful use of energy j O NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels 110" Insufficient Information Insufficient information is available to determine the potentia LIGHT AND GLARE environmental effects which may result from the proposes 1 8.1 Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmenta $0 LAND USE effect in this category,or any such effect is not substantiall, 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is alsi 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to thi 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change In existing or planned area characteristics 112" Moderate Environmental Effect The proposed project will have an adverse environments 10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be c 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantie deficiencies on existing street system enough in itself to require the preparation of an Environments 1 10.2 Cumulative Increase in traffic on a major street for which Impact Report,and is mitigabie through project changes an capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists,bicyclists,pedestrians 1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental.Effect 1 10.5 Insufficient or poorly located parking The environmental effect Identified in this categor 1 10.6 Substantial Increase in rail and/or air traffic substantiates M Itself or contributes towards a finding that th proposed project has a potentially significant adverse effect o the environment sufficient to require the preparation of a Environmental Impact Report. m o LL x x x �i U m W O N T O a � C d .0.. 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