HomeMy WebLinkAboutT-5206 - Conditions of Approval - 3/28/2008 City of
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Planning and Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8003 FAY.(559) 488-1020
August 18, 2003 Please Reply To:
Robert Lewis
(559) 621-8055
Art Lucas
Lars Andersen and Associates, Inc.
4630 West Jacquelyn Avenue, Suite 119
Fresno, California 93722
Dear Mr. Lucas:
SUBJECT: ACTION OF THE FRESNO CITY PLANNING COMMISSION RELATING TO
TENTATIVE TRACT NO. 5206/UGM AND REZONING APPLICATION NO. R-03-31
The Fresno City Planning Commission at its regular meeting of August 6, 2003, took the following
actions regarding the above-referenced applications:
1. APPROVED the Finding of Conformance issued on July 16, 2003, for Environmental
Assessment No. T-5206, R-03-31 subject to compliance with the mitigation measures specified
in the Mitigation Monitoring Checklist for the Environmental Assessment.
2. APPROVED Tentative Tract No. 5206/UGM subject to compliance with Development
Department Conditions of Approval dated August 6,2003. The project is a 58-lot single-family
residential subdivision on 18.6 acres of land located on the northwest corner of South Marks and
West Madison Avenues.
3. RECOMMENDED APPROVAL to the City Council of Rezoning Application
No. 03-31 which would rezone the site from the R-A/UGM zone district to the R-1/UGM zone
district.
Because the rezoning of the property requires final action by the City Council, the rezoning application
will be placed on the Council's Calendar for review and adoption on August 26, 2003 at 10:50 a.m.
Enclosed are copies of the Planning Commission resolutions approving the tentative tract map and a
copy of the resolution recommending approval of the rezoning application to the City Council. The
action of the Planning Commission on the tentative tract map, unless appealed to the City Council, is
final.
Art Lucas
Page 2
August 18, 2003
If you have any additional questions concerning this matter, please contact this office.
Sincerely,
PLANNING DIVISION
Robert Lewis
Supervising Planner
rcUKJmaster files-2003/x-5206-RCUPCAL-T-5206
Enclosures
c: Running Horse LLC
Fresno Investment Group
City of
Planning and Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559)621-8003 FAX(559)488-1020
September 8, 2003 Please Reply To:
Robert Lewis
(559) 621-8055
Art Lucas
Lars Andersen and Associates, Inc.
4630 West Jacquelyn Avenue, Suite 119
Fresno, California 93721
Dear Mr. Lucas:
SUBJECT: ACTION OF THE FRESNO CITY COUNCIL RELATING TO REZONING
APPLICATION NO. R-03-031
The Fresno City Council at its regular meeting on August 26, 2003, took the following action regarding
the above-referenced applications:
1. ADOPTED Ordinance Bill No. 2003-82,approving Rezoning Application No. R-03-31 related to
Vesting Tentative Tract No. 5206. Said rezoning will rezone the subject property from the
R-A/UGM to the R-1/UGM (Single-family residential/Urban Growth Management) zone
district. Enclosed is a copy of the Council ordinance bill approving the rezoning application.
If you have any questions, please contact this office.
Sincerely,
PLANNING DIVISION
C
Robert Lewis j
Supervising Planner
mUK/master-files-20031TT-5206-RCUCCALR-03-31 EE
f_
Enclosure t
i
c: Running Horse LLC
I
i.
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11892
The Fresno City Planning Commission at its regular meeting on August 6, 2003, 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 Tentative Map of Tract No. 5206/UGM was filed with the City of Fresno and
proposes a 58-lot single family residential subdivision, on approximately 18.6 acres of land
located on the northwest corner of South Marks and West Madison Avenues; and,
WHEREAS,the Planning Commission conducted a public hearing to review the proposed
subdivision and considered the staff report and invited testimony with respect to the proposed
subdivision; and,
WHEREAS, the Development Department staff recommended approval of the proposed project
subject to all conditions of approval contained in the staff report dated August 6, 2003, and the
amendments presented at the hearing; and,
WHEREAS, no person spoke in opposition to the project.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission finds that there is no
substantial evidence in the record that the proposed tract map may have a significant effect on
the environment and considered the Finding of Conformity for Environmental Assessment
No. T-5206, R-03-31, issued on July 16, 2003.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of
Tentative Tract Map No. 5206 is consistent with the adopted General Plan, any applicable
specific 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
Tentative Tract No. 5206/UGM subject to the Development Department Conditions of Approval
dated August 6, 2003.
PLANNING COMMISSIC RESOLUTION NO. 11892
Vesting Tentative Tract No. 5206/UGM
Page 2
August 6, 2003
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion
by Commissioner Kissler, seconded by Commissioner Vang.
VOTING: Ayes - Kissler, Vang, Brown, White,Harrington
Noes - None
Not Voting- None
Absent- Brand, DeBuduo
tFreCit
YOVINO, Secretary
y Planning Commission
DATED: August 6, 2003
Resolution No. 11892
Vesting Tentative Tract No. 5206
Filed by: Running Horse LLC
Action:Approved with Conditions
rc11JArc1fi1esldocuments\PCR11892
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11893
The Fresno City Planning Commission at its regular meeting on August 6, 2003, adopted the following
resolution relating to Rezoning Application No. R-03-31.
WHEREAS, Rezoning Application No. R-03-31 has been filed with the City of Fresno to
rezone property as described below:
Requested Zoning: R-A/UGM(Residential-Agricultural/Urban Growth Management
Area)
Existing Zoning: R-1/UGM(Single-Family Residential/Urban Growth Management
Area)
Applicant: Running Horse LLC
Location: Northwest corner of South Marks and West Madison Avenues
APN: 326-100-28
Legal Description:
The East half of the Southeast quarter of the Northeast quarter of Section 12, Township 14
South,Range 19 East,Mount Diablo Base and Meridian,according of the United States
Government Township Plats, in the County of Fresno, State of California.
WHEREAS,the Fresno City Planning Commission on.August 6,2003, conducted a public
hearing to consider this application; and,
WHEREAS,the Fresno City Planning Commission received a staff report recommending
approval of the rezoning application; and,
WHEREAS,the Fresno City Planning Commission invited testimony regarding the rezoning
application;and,
WHEREAS, no persons spoke in opposition to the rezoning application; and,
WHEREAS,the Fresno City Planning Commission hereby finds and determines that there is no
substantial evidence in the record to indicate that Rezoning Application No. R-03-31 may have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission
considered the Finding of Conformity for Environmental Assessment No. T-5206,R-03-31, and
Planning Commission Resolution No. 11893
Rezoning Application No. R-03-31
Page 2
August 6, 2003
recommends to the City Council that R-1/UGM zoning be approved for the subject property.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
by Commissioner Kissler, seconded by Commissioner Vang.
VOTING: Ayes- Kissler, Vang,Brown, White, Harrington
Noes - None
Not Voting- None
Absent- Brand, DiBuduo
NI YOVINO, Secretary
Fresno ity Planning Commission
DATED: August 6, 2003
Resolution No. 11893
Application No. R-03-31
Filed by Running Horse LLC
Action: Recommended Approval
turJ.VclfiksVcsWutioos\PCR 11893
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 Sterling SECONDED BY Duncan
BILL NO. B-82
ORDINANCE NO. 2003-82
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-03-31 has been filed with the City of Fresno to rezone
property as described hereinbelow; and,
WHEREAS, the Edison/Southwest Fresno Citizens Advisory Committee considered this
application at its meeting of July 7, 2003, and recommended approval; and,
WHEREAS, pursuant to the provisions of Arl:icle 4, Chapter 12, of the Fresno Municipal Code,
the Planning Commission of the City of Fresno held a public hearing on the 6th day of August, 2003, to
consider Rezone Application No. R-03-31 and related Environmental Assessment No. R-03-31/T-5206,
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 R-A/UGM to the R-1/UGM (Single Family Residential/
Urban Growth Management) zone district; and,
P '
r
Ordinance Amending Official Zone Map
Rezone Application No. R-03-31
Page 2
WHEREAS, the Council of the City of Fresno, on the 26th day of August, 2003, 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 interests of the City of Fresno. The Council finds in accordance with their own
independent judgment that there is no substantial evidence in the record that the rezoning may have a
significant effect on the environment as identified by the Finding of Environmental Conformity to the
2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated July 16,
2003, prepared for Environmental Assessment No. R-03-31/T-5206. Accordingly, Environmental
Assessment No. R-03-31/T-5206 is hereby approved.
SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the
existing medium low density residential land use designation of the 2025 Fresno General Plan and the
Edison Community Plan as specified in Section 12-403-B of the Fresno Municipal Code.
SECTION 3. The zone district of the real property described hereinbelow, located in the City
of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the R-A/UGM
to the R-1/UGM zone district:
The East half of the Southeast quarter of the Northeast quarter of
Section 12, Township 14 South, Range 19 East, Mount Diablo Base
and Meridian, according of the United States Government Township
Plats, in the County of Fresno, State of California.
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on
the thirty-first day after its passage.
111
rd-KAMaster Files-2003\Tract 5206-RCL\R-03-31.wpd
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 26th
day of Auynst- , 2003, by the following vote:
Ayes: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian
Noes: None
Absent: None
Abstain: None
REBECCA E. KLISCH
City Clerk
By
APPROZ
O FORM:
HILDA NTOCity
By
Deputy
Rezone Application No. R-03-31
Filed by Running Horse LLC
Assessors Parcel No. 326-100-28
rd-KAMaster Files-20031Tract 5206-RWR-03-31 mind
—ity of
REPORT TO TriE PLANNING COMMISSION
rnl--:=W 4k' AGENDA ITEM NO. VIII-G
COMMISSION MEETING: 8/6/03
August 6, 2003 APPROVED BY
FROM: STAFF, Planning Division ��
Development Department DEPARTMENT DIRECTOR
SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP NO. 5206/UGM AND R ONING
APPLICATION NO. R-03-31
EXECUTIVE SUMMARY
Tentative Tract Map(TTM)Application No. 5206 is a request to subdivide approximately 18.6 acres located
on the northwest corner of the intersection of South Marks and West Madison Avenues. The subdivision
will consist of 58 single family residential lots on 18.6 acres at a density of 3.11 units per acre. Rezoning
Application No. R-03-31 proposed to rezone the entire site From the R-A/UGM (Single Family Residential-
Agricultural, Urban Growth Management Area) zone district to the R-1/UGM zoning (Single-Family
Residential District, Urban Growth ManagementArea).This property has a land use designation for medium-
low density residential use in the 2025 Fresno General Plan and Edison Community Plan. The map
complies with all requirements and is consistent with the adopted plans and policies of the 2025 Fresno
General Plan and Edison Community Plan. Staff and the Edison/Southwest Fresno Review Committee
recommend approval of this Tentative Tract Map and Rezoning Application.
PROJECT INFORMATION
PROJECT: A 58-lot single family residential subdivision on 18.6± acres to
be developed at an overall density of 3.11 units per acre
APPLICANT: Fresno Investment Group, Inc. and Running Horse, LLC
LOCATION: Northwest corner of South Marks and West Madison Avenues
(Council District 3, Cynthia Sterling)
SITE SIZE: 18.6 acres
LAND USE: Existing - Rural Residential and Agricultural
Proposed - Single Family Residential
PLAN DESIGNATION Edison Community Plan Medium-Low Density Residential
AND CONSISTENCY:
ENVIRONMENTAL FINDING: A Finding of Conformity/MEIR 10130 was issued and noticed in
the Fresno Bee on July 16, 2003; comment period ended
August 4, 2003
PLAN COMMITTEE Edison/Southwest Fresno Citizens Advisory Committee
RECOMMENDATION: recommended approval of the tentative map and rezoning
application
STAFF RECOMMENDATION: Recommend approval of Tentative Tract Map No. T-5206/UGM
subject to compliance with the Conditions of Approval dated
August 6, 2003
REPORT TO THE PLANNING COMMISSION
Tentative Tract Map No. T-5206/UGM and
Rezone Application No. R-03-31
August 6, 2003
Page 2
BORDERING PROPERTY INFORMATION
PLANNED LAND USE EXISTING ZONING EXISTING USE
R-A/UGM, Single-Family Residential - Agricultural
NORTH Medium-High Density Agricultural/Urban Growth Management
Residential Area
SOUTH Low Density Residential AL-20 (County) Rural Residential
Agricultural Limited -Twenty Acres
Medium-Low Density AE-5/UGM,
EAST Residential and Agricultural-Exclusive-Five Acres/Urban Rural Residential and
Neighborhood Park Growth Management Area Vacant Land
(dual designation)
WEST Medium-Low Density AL-20 (County) Rural Residential with
Residential Agricultural Limited-Twenty Acres Agriculture
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. R-03-31[T-5206 considered potential
environmental impacts associated with the subject rezoning and 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 July 16, 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 I ANALYSIS
The applicant, Fresno Investment Group, Inc., and Running Horse LLC, has filed Rezone Application
No. R-03-31 and Tentative Tract Map No. 5206 for 18.6 acres of property located on the northwest comer
of South Marks and West Madison Avenues. The rezone application is requesting a zone change from
the R-A/UGM (Single Family Residential-Agriculture/Urban Growth Management) zone district to the
R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Tentative Tract Map
No. 5206/UGM is proposing to subdivide the subject property into 58 single family lots for a density of 3.11
units per acre.
On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno
General Plan which updated the Edison Community Plan. The updated Community Plan designates the
subject property for medium-low density residential land use. The applicant wishes to pursue development
of the subject property with 58 single family homes. The requested R-1/UGM zone district conforms to this
medium-low density residential land use designation as indicated by the 2025 Fresno General Plan's
"Planned Land Use and Zone District Consistency Matrix."
REPORT TO THE PLANNING COMMISSION
Tentative Tract Map No. T-5206/UGM and
Rezone Application No_ R-03-31
August 6, 2003
Page 3
Surrounding land uses are characterized by rural residential and agricultural development to the north,
south, east, and west. Access to the subject site will be from South Marks Avenue, a designated arterial
street, and West Madison Avenue, a designated collector street. The traffic generated by this project can
be accommodated by the planned circulation system. 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 Marks and West Madison Avenues.
Tentative Tract Map No. 5206
The applicant has filed Tentative Tract Map No. 5206/UGM to subdivide the 18.6 acre project site into 58
single family residential lots.
Major Street Improvements
The 2025 Fresno General Plan designates South Marks Avenue as an arterial street, which requires a
110-foot right-of-way, and West Madison Avenue as a collector street, which requires an 84-foot right-of-
way. The developer will be required to dedicate and construct improvements for South Marks and West
Madison Avenues_ Other improvements include the construction of curb, gutter, sidewalk, and transition
paving within the limits of the tract; UGM major street center section, construction of an underground street
lighting system; and relinquish access fights to South Marks and West Madison Avenues for all residential
lots adjacent to these major street frontages. These street improvements are outlined in more detail in the
Tentative Tract Map Conditions of Approval dated August 6, 2003.
Interior Streets and Required Sidewalks
The developer will be required to design and construct all street related improvements as shown in
Tentative Tract Map No_ 5206 dated June 11, 2003. All interior streets in the subdivision will have a total
easement width of 50-54 feet. The installation of sidewalks on both sides of the streets throughout this
tentative map is required. On-street parking will be allowed on both sides of the street. Handicap ramps
will be required at all corners of the subdivision.
Landscaping/Walls
Given that the proposed subdivision abuts an arterial street and a collector street,the developer will install
20 feet of landscaping along South Marks and West Madison Avenues. In addition, the applicant will be
required to install a solid wall at the rear of the landscape setback which will mitigate the adverse effect
of noise generated by vehicles traveling on the major streets.
Lot Dimensions
The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All
of the lots in the subdivision exceed the minimum lot size requirement and range from 8,000 to 14,000
square feet in area_ In addition, all lots meet the minimum lot width (60 feet) and depth (100 feet) as %
required by the R-1 zone district. Also, all proposed corner lots meet the minimum lot widths of 65 and 70
feet.
/
i
REPORT TO THE PLANNING COMMISSION
Tentative Tract Map No. T-5206/UGM and
Rezone Application No_ R-03-31
August 6, 2003
Page 4
Comments from California Department of Transportation
The City of Fresno has received comments from the Califomia Department of Transportation (Caltrans)
indicating their belief that this subdivision is a portion of a large project containing a municipal golf course
to be developed by the City of Fresno, which includes 1,500 to 3,000 new homes. While this subdivision
is to be developed by the same developer wishing to develop a project in the future known as "Running
Horse," it is not part of said project.
On August 17, 2002, Cypress Development entered into an "Exclusive Negotiating Agreement" for the
future development which could contain a municipal golf course and approximately 375 homes. This future
site is located between South Marks and South Hughes Avenues and West Califomia and West Keamey
Avenues east of the Tentative Tract No. 5206 site. The proponents of the future project have only a
conceptual design of the development. The City of Fresno Planning and Development Department has
not received any entitlement applications for this future conceptual golf course and residential
development.
The subdivision map, Tentative Tract No. 5206, based on the required findings for approval and subject
to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General
Plan and Edison Community Plan, complies with applicable zoning, subdivision, and UGM requirements.
Therefore, staff recommends approval. Action by the Planning Commission on the tract map and
conditional use permit application, unless appealed to the City Council, is final. The rezoning application
will be referred to the City Council for final action.
Tentative Tract Map Findings
The Subdivision Map Act(Califomia Govemment 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 the Finding Nos. 2-5
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
City's 2025 General Plan and any applicable specific plan, because the Edison Community Plan
designates the site for Medium Low Density Residential land uses and the project design meets-the
density and zoning ordinance criteria for development in this plan designation.
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.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable
damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized
nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health and
safety problems because the conditions of approval have shown and will ensure that the subdivision
conforms with City health and safety standards.
REPORT TO THE PLANNING COMMISSION
Tentative Tract Map No. T-5206/UGM and
Rezone Application No. R-03-31
August 6, 2003
Page 5
5. The proposed subdivision design will not conflict with public easements within or through the site
because conditions of approval will assure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating
or cooling opportunities in the subdivision because of the appropriate use and placement of
landscaping plant materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of
project approval, staff has determined that these findings can be made.
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Tentative Tract Map No.5206/UGM dated June 11,
2003, and the Conditions of Approval for T-5206/UGM dated August 6, 2003.
Action by the Planning Commission regarding the rezoning application will be a recommendation to the
City Council. Planning Commission action on the proposed tentative tract map, unless appealed to the
Council, is final.
CONCLUSION / RECOMMENDATION
1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental
Assessment No. R-03-31/T-5206 that the project proposal conforms to the provisions of the 2025
Fresno General Plan Master Environmental Impact Report (MEIR 10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-03-31,
3. APPROVE Tentative Tract Map No.5206/UGM subjectto compliance with the Conditions ofApproval
dated August 6, 2003.
R:\CommonWlaster Files-2003\Tract 52M-RCL\TT-5206-R-03-31 PC Report.wpd
Attachments: Vicinity Map
Tentative Tract Map No. 5206/UGM dated June 11, 2003
Conditions of Approval for T-5206/UGM dated August 6, 2003
Parks Division memorandum dated July 17, 2003
Fire Department memorandum dated June 16, 2003
Fresno Metropolitan Flood Control District memorandum dated July 1, 2003
Fresno Irrigation District Letter dated June 25, 2003
Environmental Assessment No. R-03-31, T-5206/Finding of Conformity to
MEIR No. 10130 dated July 16, 2003
Letters form California Department of Transportation dated June 26 and July 16, 2003
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PLANNING AND DEVELOPMENT DEPARTMENT
VICINITY MAP APN: 326-100-28
ZONE MAP: 2447
TENTATIVE TRACT NO. 5206/UGM
REZONING APPLICATION NO. R-03-31 BY/DATE xz.i�-�-2003
(R-A/UGM TO R-1/UGM) NORTH
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City of Fresno August 6, 2003
Planning and Development Department
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 5206/UGM
All tentative subdivision maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code, City policies, and Standard Specifications. The following specific conditions are
applicable to this subdivision map. The Urban Growth Management (UGM) Service Delivery Plan
requirements are included in the following conditions of approval and are designated by the caption
"Urban Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees,
dedications, reservations or exactions for this project are subject to protest by the project
applicant at the time of approval or conditional approval of the development or within 90 days
after the date of the imposition of the fees, dedications, reservations or exactions imposed on
the development project.
GENERAL CONDITIONS
1. Preparation of the final map in accordance with Tentative Tract Map No. 5206/UGM entitled
"Exhibit A," dated June 11, 2003.
2. Submit grading plans and soils report to the City of Fresno, Planning and Development
Department, for verification prior to final map approval. Ref. Sections 12-1022 and 12-1023,
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. Submit grading and drainage plans to the County of Fresno for review and approval to insure that
the parcels under the County's jurisdiction are not adversely impacted by the increase in storm
water runoff or alteration to the existing drainage patterns.
4. Public utilities easements, as necessary, shall be dedicated to the City of Fresno. Any required
relocation of existing utilities necessitated by required street improvements will be paid for by the
appropriate utility company or the developer of the project. Contact the appropriate utility
company for information.
5. Relinquish access rights to South Marks and West Madison Avenues for all lot which side-onto
or back-onto these major street. Ref. Section 12-1011-f-3, Fresno Municipal Code.
6. Relinquish access rights to proposed streets "H"and "K" for all lot which back-onto these street.
Ref. Section 12-1011-f-3, Fresno Municipal Code.
7. Prior to final map approval the owner of the subject property shall execute a "Right To Farm"
covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge
and agree that the subject property is in or near agricultural districts located in the County of
Fresno and that the residents of said property should be prepared to accept the inconveniences
and discomfort associated with normal farm activities. The "Right To Farm" covenant shall be
recorded prior to or concurrent with the recording of the final map of Tentative Tract
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 2
No. 5206/UGM.
8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal
Code, Article 10, Chapter 12, "Subdivision of Real Property"; and Resolution No. 68-187, "City
Policy with Respect to Subdivisions"; Resolution No. 70-36, "Standard Specifications 1970," as
amended; and Resolution No. 84-361, "Public Works Standard Drawings 1984," as amended.
9. The subdivider shall pay applicable fees for, but not limited to, street trees, street signs, water
fees, sewer fees, and inspection fees in accordance with Resolution No. 79-606 and Resolution
No. 80-420 (Master Fee Schedule), or any amendments, modifications or additions thereof and
in accordance with the requirements of State law as related to tentative tract maps.
10. The subdivider shall Furnish to the City a subdivision guarantee of a title company listing all
parties having any right, title or interest and the nature of their interest per State law.
Landscaping and Walls
11. Provide a 20-foot landscaped easement (and irrigation system) along the side or rear property
lines of all lots which side-onto or back-onto South Marks and West Madison Avenues,
respectively. Ref. Section 12-1011-f-3, Fresno Municipal Code.
When the grading plan establishes a top of slope beyond the required landscape easement noted
and the construction of the required wall is to be established coincident with the top of slope then
the required minimum easement width shall be expanded to include the full landscaped area up
to the wall location.
12. Provide a 10-foot landscaped easement (and irrigation system) along the rear property lines of
all lots which back-onto proposed streets "H" and "K", respectively. Ref. Section 12-1011-f-3,
Fresno Municipal Code.
When the grading plan establishes a top of slope beyond the required landscape easement noted
and the construction of the required wall is to be established coincident with the top of slope then
the required minimum easement width shall be expanded to include the full landscaped area up
to the wall location.
13. Maintenance of the required 10 and 20-foot landscape easements located along South Marks
and West Madison Avenues and along proposed streets "H" and "K", may be the responsibility
of the City's Community Facilities District No. 2. Contact the Public Works Department,
Engineering Services Division Staff for information regarding the City's District.
14. If the developer/subdivider elects to petition for annexation into the City's Community Facilities
District No.2, he/she shall be required to provide the City of Fresno, Department of Public Works,
with copies of signed acknowledgments from each purchaser of a lot within the subdivision,
attesting to the purchasers understanding that the lot will have an annual landscaping
maintenance assessment and that he/she is aware of the estimated amount of the assessment.
15. Construct a 6-foot high solid masonrywall or approved architecturally designed solid fence(solid
wall or fence to meet requirements of Section 12-306-H, Fresno Municipal Code), at the rear of
the required landscaped easement noted in Conditions No. 10 and 11, above.
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 3
16. Improvement plans for all required landscaping and irrigation systems shall be submitted to the
Planning and Development Department for review prior to final map approval.
17. Construction plans for required walls showing architectural appearance and location of all walls
shall be submitted to the Planning and Development Department for review prior to final map
approval.
Building Setbacks
18. Building setback lines shall be in accordance with the R-1/UGM zone district and the provisions
of Section 12-207.5-E-1-c, Fresno Municipal Code and shall include a 10-foot keylot building
setback for Lots 57 and 58.
Information
19. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in origin,
the Native American Heritage Commission (phone: 916-653-4082) shall be immediately
contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone: 805-644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project, the site shall
be formally recorded, and recommendations made to the City as to any further site investigation
or site avoidance/preservation.
If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted
to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist, and if the paleontologist determines the material to be significant, it shall be
preserved.
20. Pay school construction fees to the Central Unified School District in accordance with the adopted
schedule of fees, prior to the issuance of building permits for the subdivision.
21. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of
collection to be utilized in this tract shall be subject to the approval of the Solid Waste Manager.
22. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes
to be installed in this subdivision.
23. Pursuant to Section 66456.1 of the Subdivision Map Act,which states"The right of the subdivider
to file multiple final maps shall not detract from the authority of the local agency to impose
reasonable conditions relating to the Filing of multiple final maps," any multiple final maps filed
by the subdivider on this tract shall fully and independently conform to all provisions of Chapter
12, Article 10 of the Fresno Municipal Code (Subdivision of Real Property).
24. The subdivider shall obtain any and all permits required for the removal or demolition of any
building or structure located within the subdivision boundaries. The developer shall also obtain
any and all permits required for the closure of any septic tank, cesspool or water well. All permits
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 4
shall be obtained prior to commencement of such work, in accordance with Chapter 13 of the
Fresno Municipal Code.
25. Apportionment of Special Assessment- If, as part of this subdivision, a division will be made of
any lot or parcel of land upon which there is an unpaid special assessment levied under any State
or local law, including a division into condominium interest as defined in Section 783 of the Civil
Code, the subdivider shall file a written application with the City's Director of Public Works,
requesting apportionment of the unpaid portion of the assessment. The application shall contain
at least the following information:
a. A full description of each assessed lot, parcel or interest to be divided and of how such lot,
parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the assessment in
accordance with applicable law; and,
c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
The application shall be filed prior to the approval of the final map 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.
PARK SERVICE
26. Comply with the requirements in the attached memorandum from the Parks Division dated
July 17, 2003. In addition, the developer shall install one street tree per lot on all interior lots and
two trees per lot on corner lots. Contact Parks Division for tree species type.
Urban Growth Management Requirements
27. The subdivider shall be required to paythe appropriate UGM Park Capital Fee at the time of final
map approval. Fee payment may be deferred until time of building permit issuance in
accordance with the requirements of Section 12-4.509-C-3, Fresno Municipal Code.
FIRE SERVICE
28. Fire service will be provided by City Fire Station No. 3. Provide residential hydrants per Public
Works Standards with two sources of water.
29. There shall be two points of access during construction.
30. The subdivider shall comply with the memorandum dated June 16, 2003.
Urban Growth Management Requirements
31. The subdivider shall pay the appropriate Fire Station Capital Fee at the time of final map
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 5
approval. If appropriate, fee payment may be deferred until the time of building permit issuance
in accordance with the requirements of Section 12-4.508-D-3, Fresno Municipal Code.
STREETS AND RIGHTS-OF-WAY
32. The subdivider shall make provisions for the physically handicapped in accordance with the
Department of Public Works standards and as required by State law.
33. All existing and proposed utility systems shall be installed underground in accordance with
Section 12-1011(h) of the Fresno Municipal Code. The subdivider's attention is directed to the
installation of street lights in accordance with Resolution Nos. 68-187, 78-522, 81-219, and
88-229.
34. The subdivider shall construct a complete underground street light system (Public Works
Standard E-1) within the limits of this tract as approved by the Traffic Engineer prior to final
acceptance of the subdivision. Height, type, spacing, etc., of standards and luminaires shall be
in accordance with Resolution Nos. 78-522 and 88-229 or any modification thereto approved by
the City Council prior to installation and shall be approved by the City Traffic Engineer prior to
final map approval. All lights shall be dedicated to the City upon completion. Submit engineered
construction plans to the Public Works Department for approval.
35. 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.
36. All dead-end streets created by this subdivision shall be properly barricaded in accordance with
City standards within 7 days from the time the streets are surfaced or as directed by the
Engineer.
37. All interior streets shall be dedicated in accordance with the 50- and 54-foot standard width as
shown on Exhibit "A" dated June 11, 2003, and fully improved with standard curb, gutter,
sidewalks on both sides of all streets, street lighting, and full width permanent street pavement.
38. Wherever street furniture is proposed or is existing within the proposed sidewalks a minimum
of 4 feet of unobstructed sidewalk path should be maintained to comply with Americans with
Disabilities Act (ADA) requirements. If necessary, dedicate a pedestrian easement to
accommodate for the 4 feet minimum unobstructed path requirement.
39. All required signing ans striping shall be done and paid for by the developer/owner. The signing
and striping plans shall be done per the current Cal Trans standards and shall be submitted as
part of the street construction plans for the tentative map to the Public Works Department for
review and approval.
39. South Marks Avenue
a. Dedicate an easement for street right-of-way purposes within the limits of this tract to meet
current City of Fresno arterial street standards. An additional two feet of right-of-way shall
be dedicated along the required rightturn pocket at the northwest corner of South Marks and
West Madison Avenues.
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 6
b. Construct concrete curb, gutter, sidewalk, 10-foot residential sidewalk pattern and 20 feet
of permanent paving and transitions to the north and south as necessary as determined
during the street plan review process within the limits of this tract. The sidewalk pattern shall
be constructed to a 10-foot residential pattern.
c. Relinquish direct access rights to South Marks Avenue from all lots within this tract.
d. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to public works Standard for arterial
streets.
40. West Madison Avenue
a. Dedicate an easement for street right-of-way purposes within the limits of this tract to meet
current City of Fresno collector street standards. An additional two feet of right-of-way shall
be dedicated along the required 80-foot long bus bay at the northwest corner of South Marks
and West Madison Avenues.
b. Construct concrete curb, gutter, sidewalk, 10-foot residential sidewalk pattern and 20 feet
of permanent paving and transitions as necessary within the limits of this tract. Construct
an 80-foot bus bay curb and gutter to Public Works Standards P-69 and P-73. The sidewalk
pattern adjacent to the bus bay shall be a 10-foot monolithic concrete sidewalk.
c. Relinquish direct access rights to West Madison Avenue from all lots within this tract.
41. With respect to interior streets, design and construct all curb, gutter, sidewalk (both sides),
permanent paving,and underground street lighting systems on all interior local streets. Sidewalk
patterns to comply with Public Works API standards for 50-foot and 54-foot streets.
No left turns out will be permitted from West Tuolumne Street. Relocate local street West
Stanislaus Street north to line up with West Chandler Avenue.
42. Construct an underground street lighting system to Public Works Standard E-1 within the limits
of this tract. Spacing and design shall conform to Public Works standards for arterial streets.
43. Right-of-way acquisition in the County of Fresno must be approved by the Fresno County Board
of Supervisors. The road improvement plans for all new and/or reconstructed roads which are
adjacent to County roads or properties under County's jurisdiction shall be reviewed and
approved by the County of Fresno. In addition, and encroachment permit shall be obtained from
the County for any street work done within the County's right-of-way.
44. Handicap access ramps are required at all corners within the limits of this tract.
45. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Quality Pollution Control
District for the control of fugitive dust requirements from paved and unpaved roads.
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
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 7
following improvements are required.
46. This tract map is located within UGM major street zone E-3 which requires the payment of
appropriate UGM Major Street fees.
47. Install a 200-watt safety light at its ultimate location on the northwest corner of South Marks and
West Madison Avenues.
48. West Madison Avenue — Construct the two 17-foot center section travel lanes within the limits
of this tract. Depending on grades and drainage, additional right-of-way may be necessary for
the construction of the UGM center section.
49. South Marks Avenue —Construct a raised concrete median island within the frontage of this tract
to accommodate for a 250 foot left turn pocket at South Marks Avenue.
Construct the two 17-foot center section travel lanes from the intersection of West Madison and
South Marks Avenue to the intersection of West Whitesbridge and South Marks Avenue. An
additional 6-feet of paving will be required adjacent the left turn pockets and the major street
intersections.
Construct a full median opening at the intersection of West Chandler Avenue and South Marks
Avenue per Public Works Standard P-15 (150-foot left turn pocket).
50. The City of Fresno is proposing a restructure of the Urban Growth Management process for all
UGM areas in the city with the update of the proposed 2025 General Plan. This process may
entail a new fee structure to build-out all components of major streets in UGM areas. Should this
process be approved with the new general plan or any other process, this development shall be
entitled to reimbursement for any costs of construction that exceed the designated fee that may
be established with this new process.
SEWER SERVICE
There is an existing 60-inch sanitary sewer main in South Marks Avenue available to serve the site. The
following conditions are required to provide sanitary sewer service to the tract.
51. A 12-inch public sewer main shall be extended from South Marks Avenue along the West
Madison Avenue frontage
52. Separate sewer house branches shall be provided to each lot created.
53. All public sanitary sewer facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
Urban Growth Management Requirements
54 No requirements.
WATER SERVICE
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 8
A 14-inch distribution water main existing in South Marks Avenue north of the proposed subdivision to
serve the proposed subdivision. Upon demonstration through the findings process that an adequate
source of potable water exists to meet State and Federal contaminate levels and sufficient supply is
available to meet fire flow requirements, water mains can be extended to serve this tract subject to the
following.
55. A 14-inch water main shall be extended southerly within South Marks Avenue from West
Whitesbridge Avenue along the tract frontage
56. A 14-inch water main shall be extended westerly within West Madison Avenue from South Marks
Avenue along the tract frontage
57. Payment of water connection fees at time of entitlement.
58. Existing agricultural wells lying within the boundaries of the proposed development shall be
sealed and abandoned in compliance with California Well Standards, Bulletin 74-90 or current
revisions, issued by California Department of Water Resources, and City of Fresno Standards.
59. Two separate points of connection to the public water system are required to serve this tract.
60. Separate water services shall be provided to each lot created.
61. Water facilities constructed within the public rights-of-way shall be installed in accordance with
Public Works standards, specifications, and policies.
Urban Growth Management Requirements
62. The developer shall be require to pay the appropriate UGM water well and well head treatment
fees.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
63. The developer of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
64. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM improvements.
Right-of-Way Acquisition
65. The developer will be responsible for the acquisition of any necessary right-of-way to construct
any of the required improvements.
Rights-of-Way acquisition shall include any rights-of-way necessary for proper drainage, signing,
pole relocation, and shoulder grading. In general, this will require right-of-way to be provided
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 9
approximately 10 feet outside the traveled 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
should contact the Real Estate Section of the Public Works Department to receive procedural
guidance in such acquisitions.
Should such acquisition not be accomplished prior to final map approval, the developer must
request and grant to the City the full authority to attempt acquisition either through negotiation
or through its power of eminent domain. The developer shall furnish to the City Public Works
Department, Real Estate Section, an appraisal report or a request for an estimated appraisal
amount (to be determined by the Real Estate Section) prior to preparation of a Subdivision
Agreement.
The developer/owner shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition,including staff time,attorney's fees,appraisal
fees, court costs, and all related expenditures and costs necessary to effect the acquisition of
such easements or rights-of-way.
FLOOD CONTROL
66. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Chapter 13, Article 13 of the Fresno Municipal Code.
67. 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 July 1, 2003.
68. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall
be fenced in accordance with City standards within seven (7) days from the time the basin
becomes operational or as directed by the City Engineer. Temporary ponding basins will be
created through a covenant between the City and the Developer prior to final map approval.
Maintenance of the temporary ponding basin shall be by the Developer until permanent service
for the entire subdivision is provided.
IRRIGATION CANAL
69. The Fresno Irrigation District's Teilman No. 79 canal traverses the subject tract. The developer
shall pipe the canal across the project site and provide the necessary easements for the new
pipelines.The developer shall comply with the attached memorandum from the Fresno Irrigation
District dated June 25, 2003.
FRESNO AREA EXPRESS
70. Fresno Area Express has not imposed any requirements along the street frontage of this tract.
DEVELOPMENT FEES AND CHARGES
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 10
71 This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE / RATE
a. Street Tree Landscape Plan Review fee $56.00
b. Street Tree Installation fee $129.00/tree
City installed tree
C. Street Tree Inspection fee $30.00/tree
Developer installed tree
d. Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
e. (1) Reinspection Fee $29/Hour
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE
f. Metropolitan Flood Control District Fee
Drainage Area :AS/AT $106,144.00
SEWER CONNECTION CHARGES FEE / RATE
g. Lateral Sewer Charge $0.10/sq ft (to 100' depth)
h. Oversize Charge $0.05/sq ft (to 100' depth)
i. Trunk Sewer Charge n/a
Service Area:
j. Wastewater Facilities Charge $2,119/living unit
k. House Branch Sewer Charge n/a
I. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE / RATE
m. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by
owner;fee for service(s)and
Meter(s) established by the
Master Fee Schedule
n. Frontage Charge $6.50/lineal foot
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 11
o. Fire Hydrant Charge $0.75/100 square feet
(to 250 feet parcel depth)
p. Transmission Grid Main Charge $560/gross acre
q. Transmission Grid Main Bond $243/gross acre
Debt Service Charge
r. UGM Water Supply Fee $323/living unit
Service Area: 401 s
S. Well Head Treatment fee $27/living unit
Service Area: 401 s
t. Recharge Fee $0/living unit
Service Area: 401
U. 1994 Bond Debt Service $0/living unit
Service Area: 401
DEVELOPMENT IMPACT FEE FEE / RATE
V. Northeast Fresno Policing Area n/a
URBAN GROWTH MANAGEMENT FEE / RATE / CHARGE
W. UGM Fire Station Capital Fee $800/gross acre
Service Area: Undesignated
X. UGM Park Fee $2,220/gross acre
Service Area: 3
Y. Major Street Charge $2,795/adj. acre
Service Area: E-3
Z. Major Street Bridge Charge $160/adj. acre
Service Area: E-3
aa. Traffic Signal Charge $860/adj. acre
bb. UGM Grade Separation Fee n/a
cc. Trunk Sewer Charge n/a
Service Area:
dd. Street Acquisition/Construction Charge n/a
Conditions of Approval
Tentative Tract No. 5206/UGM
August 6, 2003
Page 12
MSKAMaster Files-2003\Tract 5206-RCL\T-5206-UGM-COA.wpd
REPORT TO THE CITY COUNCIL
AGENDA ITEM NO. 9 :3 O a rr1
COUNCIL MEETING 7/15)03
APPROVED BY
July 15, 2003
DEPARTMENT DIRECT41,00
FROM: NICK P. YOVINO, Director
MA4�rPlanning and Development Department clry
BY: BRUCE BARNES, Project
pManager
Administration Division •/�(��y
SUBJECT: CONSIDER AMENDMENTS TO EXCLUSIVE NEGOTIATING AGREEMENT(ENA) ON
RUNNING HORSE PROJECT
RECOMMENDATION
I recommended that the City Council:
A. Amend the existing ENA(see Exhibit 1)with Cypress Investment (Developer) for the Running
Horse Project. Specifically, it is recommended that Section 2 of the ENA be amended to allow for
a six-month time extension and that Section 6 be amended to include additional Developer Tasks
to be completed by September 15, 2003 (see Exhibit 2).
B. Direct City staff, after receiving the above required Developer information, to complete its
due diligence and return to City Council with a detailed financing and development program for
the Running Horse development.
BACKGROUND
The Proposal
The City entered into an ENA on August 17, 2002 with Cypress Development for the development of the
Running Horse'Golf Community'. The intent of the ENA was to allow the City and the Developer to
explore the `economics of the development and the feasibility of the City and Developer entering into an
agreement for developmenr.The Developer proposes to build a master-planned golf community with a
championship 18-hole golf course, a 25,000 square-foot clubhouse and approximately 375 home sites.
The proposal consists of 100 patio homes, 100 golf villas, 100 custom lots and 75 estate lots. The
project would be located in southwest Fresno and is generally bounded by West Whites Bridge Avenue,
South Marks Avenue, West California Avenue and South Hughes Avenue (see Exhibit 3).
The Developer has approximately 158 acres out of the 318 acre site which has either been purchased
by the Developer or is under option or contract to be purchased by the Developer. The Developer has a
commitment from the Fresno Irrigation District to sell their property (36acres) if needed for the project.
Therefore, the total acreage committed to the project in one form or another represents 49.6% of the
property necessary to complete the project as envisioned in the ENA(see Exhibit 4). The Developer has
indicated to staff that a majority of the balance of the property owners in the proposed project site are
willing sellers or are willing to trade their property for a house within the project area or for other land.
The Running Horse Project has the potential to stimulate private development and investment in an area
that has clearly not participated to the same degree that other areas of the City have enjoyed.
Investments in and around the Roeding Business Park and Chandler Field would likely increase due to
increased exposure, accessibility, and desirability. The investment in the Golf Course has the potential
to stimulate approximately$100 to $125 million in private residential development alone. The project has
the potential to become a private-public partnership which could have a positive economic impact in
Southwest Fresno.
Compliance with the Existing ENA
The Developer has not fully complied with the ENA. Section 6 and 7 of the ENA required Cypress
Investment to accomplish various tasks during the exclusive negotiating period which coincidentally
expires July 15, 2003 at midnight as follows:
6.1 Provide a preliminary design of the golf course and golf clubhouse, a pro forma for their operating
and capital costs, and a feasibiltiy study to show projected use, and net profit after operating
expenses necessary to pay down any potenatial private or public financing,
Comment: A preliminary design of the golf course has been provided, however, the other items
have not yet been received.
6.2 Provide conceptual site plan for the community identifying the mix of uses, including sensitive
integration of the project with surrounding development;
Comment: Cypress Investment has provided a conceptual site plan, however, the site plan
shows 191 home sites around a golf course while the Lot Sales Projections suggests that 375
lots will be created. Furthermore, the conceptual plan does not indicate the physical mix of the
units.
6.3 Provide a design and management team acceptable to the City of Fresno; and
Comment: A design and development team consisting of Tom O'Meara, Paul Pugh, and John
Harbottle was provided. a
6.4 Provide a construction schedule.
Comment: A construction schedule has not been received.
7. During the Negotiation Period, Developer shall cooperate with any due diligence efforts by City
including providing financial statements, tax returns, and lender commitments. Developer shall,
within 30 days after written request from City deliver to City its most recent financial statements.
Comment: Developer has had ample time to provide this information but has yet to do so. A
written request for this information was issued by the City on June 11, 2003.
Purpose of Time Extension
Because the Developer has not submitted the necessary information the City staff has been unable to
make a risk-benefit analysis of the proposed project. A six-month time extension of the ENA allows
adequate time for submission of the information and an in-depth analysis of the benefits and risks of the
proposal. A Financial Feasability Study and any pre-commitments from reputable builders to purchase
lots will have to be analyzed. The Financial Feasibility Study would be composed of three parts: First,
the study would determine if there would be adequate revenue from the golf course (rounds of play) and
clubhouse (weddings, parties, etc.)to sustain operating costs over a five-year period realizing that lot
sales will repay capital costs; second, determine if the "before and after" land value appraisals are
adequate to protect the City's interest at all times and third; conduct a lot sales absorption study to
ensure that the Developer repays the City in a timely fashion. Staff has determined that the Financial
Feasibility Study will cost approximately $50,000 and therefore request that the Developer deposit this
amount with the City. City Financial Advisor David Brodsly and City Bond Underwriter Bob Williams will
make presentations at the July 15th City Council meeting on alternative financing mechanisms that can
be considered.
BbIIDOC ID-RCC.wpd
Attachments: Exhibit 1, Exclusive Negotiating Agreement (ENA)
Exhibit 2, Proposed Amendments to ENA
Exhibit 3, Preliminary Routing Plan Running Horse Golf Club
Exhibit 4, Running Horse Land Options/Purchases
Exhibit 5, Letter from City Financial Advisor David Brodsly
EXHIBIT 1�T
EXCLUSIVE NEGOTIATING AGREEMENT
This Exclusive Negotiating Agreement ("Agreement") is made and entered into
as of August 27, 2002, by and between the CITY OF FRESNO, a municipal corporation
("City"), and CYPRESS INVESTMENT CORPORATION, a California corporation
("Developer").
RECITALS
WHEREAS, the City and the Developer wish to determine the feasibility of
constructing a public 18 hole PGA championship golf community including a 25,000 sq.
ft. world class clubhouse, fitness center, 3 miles of community trails with shopping and
business pads included within the overall design, and 750+ homes;
WHEREAS, the City and the Developer desire to develop the Project within
those certain parcels of land shown on Exhibit A attached hereto and designated as the
proposed development site ("Site's;
WHEREAS, the Developer desires to acquire a possessory interest in the Site
and to develop the Site according to a Master Plan to be developed during the term of
this Agreement, the nature and cost of which shall be subject to negotiation; and
WHEREAS, the parties acknowledge that the economics of the development and
the feasibility of the City and Developer entering into an agreement for development of
the Site have not been determined to the satisfaction of either party. Therefore, the
purpose of this Agreement.is to secure the exclusive negotiation interests of Developer
regarding the Site during the term of this Agreement while the parties determine such
feasibility, and whereupon, if it is determined to be feasible and a meeting of the minds
is reached, to negotiate the terms of a Development Agreement pursuant to California
Government Code section 65865 et seq. CDA's for the Site.
NOW, THEREFORE, the parties agree as follows:
1. Project Design.
1.1 The project shall be self-supporting so that income from the golf course
operation, housing sales and nonresidential development will cover all
project costs.
1.2 It is anticipated that DeValoper Vill use a maximum good faith effort to
acquire all required properties directly from existing property owners at fair
market prices.
1.3 It is further anticipated that successful implementation of the
I
Project will include a good faith effort to implement or assist in the
implementation to:
i. Transfer some of the Site from the Fresno Unified School
District to Central Unified School District pursuant to an
agreement to be negotiated between the above-mentioned
school districts, City and Developer,
ii. Annex part of the Site that lies south of Keamey Boulevard
from Fresno County into the City of Fresno; and
iii. Purchase the land required for the Site and construct the
golf course, the club house, housing, and other major off-site
capital construction for the remainder of the Project, which
will involve aftemative financing that is legally permissible
and that is agreeable and feasible to both City and
Developer alike.
1.4 It is understood by the Parties that the success of this project may depend
on the acquiring of property by the City's exercise of its power of eminent
domain. Any determination to proceed with eminent domain will be made
at the sole discretion of the City Council of the City, upon necessary
findings. The City Council does not make any representations,
guarantees or warranties,nor commits under this Agreement, that it will
exercise any of its authority or powers of eminent domain. City's failure to
exercise eminent domain shall not be interpreted as a failure or lack of
good faith efforts to implement this Agreement.
2. Term.
This Agreement shall be effective as of August 27, 2002, and shall terminate at
midnight January 15, 2003, unless extended In writing by the Director of the
Department of Housing, Economic and Community Development of the City
("Negotiation Period'}.
3. Negotiation of the DA.
City and Developer shall seek in good faith to negotiate a DA. in furtheraoae o,f.
this purpose, the parties shall execute their best good faith efforts to fulfill their
respective obligations set forth herein.
4. Exclusive Negotiations.
The City shall not negotiate with any other person or entity regarding
development of the Site or any portion thereof, or solicit or entertain bids or
proposals to do so, during the Negotiation Period, provided, however, that the
City shall retain the right to negotiate with owners and businesses. This provision
shall not prohibit the City to issue development entitlements related to properties
within the project area that are requested by property owners or developers
representing individual property owners.
5. City Tasks.
During the Negotiation Period, City shall contract for and, as jointly deemed
necessary or appropriate by Developer and City, complete the following actions
and make any information pertaining to the following actions available to
Developer as set forth below:
5.1 The City will, at Developer's expense, obtain appraisals of those
properties within the Site that the Developer cannot acquire through good
faith negotiations with the affected property owners;
5.2 The City will undertake and expedite, at Developer's expense and upon
prior written approval from Developer, and after a cash deposit of a sum
to be determined is posted with the City, all environmental studies and
entitlement processing which may be required for the proposed
development of the$ite by the California Environmental Quality Act
-(CEQA)and all other applicable local, state, and Federal laws or
govemmental bodies;
5.3 The City shall provide Developer with Information, materials, studies and
reports in City's possession to assist Developer in performing, including,
but not limited to, all reports on the remediation of hazardous materials
from the Site; and
5A Subject to Developer's application and.payment of related fees,the City
shall work with Developer in changing the zoning of the Site to R-1
residential or to other pertinent zoning, and obtaining all necessary
development entitlements'gs fequired (subject to all local, state.-and
federal laws and. regulafidn'i :It is understood by the Parties that re-
zoning the Site Is a.legislative_act and the City does not make any
representations or puree-commitmerris under this Agreement to zone the
property to a given zone district.
3
6. Developer Tasks.
During the Negotiation Period, Developer shall, at its expense, undertake such
tests, investigations, surveys, inquiries and due diligence necessary to determine
if the Site is suitable and appropriate for the construction and operation of the
development contemplated by this Agreement. All public participation and
outreach regarding the project shall be coordinated with and approved by City.
Specifically, but without limitation, Developer shall:
6.1 Provide a preliminary design of the golf course and golf clubhouse, a pro
forma for their operating and capital costs, and a feasibility study to show
projected project use, and net profit after operating expenses necessary
to pay down any potential private or public financing.
6.2 Provide a conceptual site plan for the community identifying the mix of
uses, including sensitive integration of the project with surrounding
development;
6.3 Provide a design and management team acceptable to the City of Fresno;
and
6.4 Provide a project construction schedule.
7. The Developer's Financial Capacity.
During the Negotiation Period, Developer shall cooperate with any due diligence
efforts-by City including providing financial statements, tax returns, and lender
commitments. Developer shall, within thirty(30) days after written request from
City, deliver to the City its most recent financial statements and/or the financial
statements of key Developer personnel or development partners prepared in
accordance with generally accepted accounting principles (GAAP). The City
understands and acknowledges the proprietary nature of said information and, to
the extent permitted by law, agrees not to disclose said information to any
person or entity other than representatives of the City and its consultants on a
need to know basis.
.8. Right of Access.
The City shall provide Developer access to any portion of the Site owned by City
for the purposes of conducting surveys, collecting soil samples and performing
other studies necessary for determining the suitability of the Site for the
development contemplated by this Agreement. .Except for any active negligence
by City, Developer shall indemnify, defend and hold the City, its employees,
officers, agents and representatives harmless against any claim for damages to
4
person or property arising from any activity of Developer, its employees, officers,
agents, representatives, contractors, subcontractors or consultants on the Site.
9. Limitations and Contingencies.
This Agreement does not constitute a disposition of property or exercise of
control over property owned by the City. It is merely an agreement to enter into a
period of exclusive negotiations according to the terms hereof. By executing this
Agreement, City is not committing or agreeing to undertake: (a) any acquisition
of land from third parties, (b) any disposition of land to the Developer, or(c) any
other acts requiring the subsequent independent exercise of discretion by the
City or any department thereof. Developer understands and acknowledges that
any DA resulfiing from the negotiations hereunder shall become effective only
after such DA has been considered and approved by the Fresno City Council at
any open City Council meeting.
10. No Assignment Without Consent.
This Agreement shall not be assigned by Developer without the prior written
consent of the City.
11. Termination.
Either party may terminate this Agreement for cause in the event the other party
is in default of this Agreement for failure to negotiate in good faith. Any
substantive breach of this Agreement shall constitute a failure to negotiate in
good faith. Neither party shall terminate this Agreement unless the party seeking
to terminate has first provided written notice of its intent to terminate the
Agreement to the other party, specifying the cause, and the other party fails to
cure the default or other cause within thirty (30) days after receipt of such notice.
IN WITNESS WHEREOF, the parties have executed this Exclusive
Negotiating Agreement as of this 2 '7/41 day of w< - 2002.
CITY: DEVELOPER:
CITY OF FRESNO, CYPRESS INVESTMENT
a municipal corporation CORPORATION,
a California corporation
By: By:
Name: Name:
Title: Title:
ATTEST: APPROVED AS TO FORM:
REBECCA E. KLISCH HILDA CANTO MON T Y
City Clerk City Aft M
By: c By
Deputy //4eputv-//
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EXHIBIT 2
2. Term (revised)
This Agreement shall be effective as of August 27, 2002 and shall terminate at midnight
on January 15, 2004.
6. Developer Tasks (to be completed by September 15, 2003)
6.5 Developer shall complete tasks in Sections 6.1 through 6.4 and Section 7.
6.6 Developer shall provide copies of all land purchase options to the City within the Running
Horse site for evaluation .
6.7 Developer shall provide written pre-commitments from reputable builders to purchase
some or all lots in a bulk format. The value of the pre-commitments must be equivalent
to 50% or greater than the to p City investment.
6.8 Developer shall deposit $50,000 with the Ci for a Financial Feasability Study of the golf
community upon submission of all necess documents to preform this analysis,
including but not limited to a conceptual oIf course design showing all 375 lots, the unit
mix and proposed lot square footage fr the Patio lots, the Golf Villa lots, the Custom
lots, and Estate lots. The Financial easibility Study shall consist of three components:
1) a Golf Course Feasibility Stu 2) a "before and after" land value appraisals of all 375
ots and 3) an Absorption An sis. Developer agrees to cooperate to the fullest extent
ssible with the firm se ed by the City. Assuming studies demonstrate Financial
Fea ' ' to the ' action of the City and City decides to issue bonds, this cost will be
reimbursed to the Developer from the bond proceeds of any project-related bond issue.
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f KELLING NORTHCROSS & NO��#I BIT 5
1 Providing Financial Services to Public.4genc ies
June 11. 2003
To: Ruthie Quinto, Finance Director
City of Fresno
From: David Brodsly, Vice President
KNN
Re: Financing Considerations for Running Horse Development
You have asked that we help the City explore options for assisting in the financing of a golf
course and public infrastructure for a residential project.
The City recently considered using its investment pool to purchase Mello-Roos bonds secured by
the property within the development as a mechanism of finance. While we do not believe that the
investment in such bonds would meet the fiduciary standards of an investment pool, assistance
with such a development could be an appropriate use of certain City resources, including the
General Fund and certain special funds. If such funds were available and lent to the project, that
loan could in some fashion be secured by a Mello-Roos lien to increase the City's remedies in the
event of a Mello-Roos special tax default.
To the extent that appropriate funding was not readily available,the City could structure a bond
issue to raise the funding. Given the restrictions of State finance law, such a financing would
most Iikely be structured as a lease financing. The proceeds of the financing would be lent to the
project,with that loan secured by the Mello-Roos lien.
For example,the City might enter into a lease of the golf course to be constructed, issue revenue
bonds secured by that lease agreement,and use the proceeds of that bond issue to purchase
Mello-Roos bonds issued to fund the construction. This would create a Iegal and marketable
obligation of the City's General Fund to finance construction,but with expectations that the
development would actually repay the loan through Mello-Roos special taxes levied on property
within the development. The Mello-Roos structure would increase the City's security, and reduce
'the risk that the City would have to-use its own funds to repay the loan. The City would'enter
into such a transaction if it concluded that the property within the Mello-Roos district was able to
support the bonds.
There are a number of possible variations on such a structure,and the specifics of a transaction
would need to be worked out. We are confident that if the City desired to supportthe project, that
an appropriate structure could be developed.
At this stage,the appropriate question is:
• Would the City be willing to.leverage.its own credit.to-induce this particular
development?
1333 Broadway,Suite 1000 Oakland,CA 94612..510-839=8200 FAX 5M-2084292-
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If the City is willing to assume some degree of risk, then a number of subsequent questions can
be addressed:
• How much of the development would require such City support, and how much of
it, if any, could be financed through more traditional land-secured financing?
• What level of security(such as value-to-lien) will the City require to make such a
loan?
• What specific repayment structure would be built into the two bond issues (the
City's lease revenue bonds and the development's Mello-Roos bonds)?
• What specific mechanisms can be put in place to mitigate the City's risk,
including appropriate covenants and remedies?
We understand the developer is seeking up to $24 million in financing. If this financing was
raised with a lease revenue bond, secured by a commitment of the General Fund, and amortized
over 30 years, the City's exposure would be about $1.75 million a year. We recommend that this
level of liability be considered as the City's outside liability. If that level of commitment would
be considered to induce the project, then the City, the developer, and a financing team could
work to structure a transaction that helps to mitigate that risk. Such a structure could effectively
limit the City's risk, and provide for exit strategies to extinguish the liability in the event the
development does not perform as expected, but would not eliminate such risk altogether.
We would be happy to work with you further to analyze and develop a financing alternative.
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Alan Kawakami, Chief Engineering Tech.RUNNING HORSE, LLC.
Development Services Department ATTN: TOM O'MERA
City of Fresno 26619 CARMEL CENTER PLACE #200
2600 Fresno Street CARMEL, CA 93922
Fresno, CA 93721
MAP NO. 5206 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) "AS/A7" - DRAINAGE AREA "AS/AT" $106,144.00
DATE - t - 03 DRAINAGE AREA - it -
TOTAL FEE $106,144.00
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 District O
in cooperation with the City and County has developed and adopted the Storm Drainage and
Flood Control Master Plan. Compliance with and implementation of this Master Plan by this
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. O
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.
5206 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 4-2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify to
the satisfaction of the City of Fresno that runoff can be safely conveyed to
the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
X c. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a _500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy.
X Does not appear to be located within a flood prone area.
5206 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)
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. M4
a.
State General Pcrmit 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
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.
Ul
b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O
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.
5206.E 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.
"A,
Gerald E. Lakedgii, District Engineer Proje Engineer: Jamie Miller
C: LARS ANDERSEN &ASSOC.
4630 W. JACQUELYN AVE., STE 119
FRESNO, CA 93722
520e.xls 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
• NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
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MADISON AVE.
LEGEND711
MASTER PLAN FACILITIES TO BE CONSTRUCTED BYDEVELOPER — PIPELINE (SIZE SHOWN) & INLET.
FUTURE MASTER PLAN FACILITIES
DIRECTION OF DRAINAGE
------ INLET BOUNDARY
DRAINAGE AREA BOUNDARY TRACT 5206
EXHIBIT NO. DRAINAGE AREA: AS/AT
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
/few 06-19-M
J:\ENGINEERING\AUTOCAD\DWGS\OEXHIBIT\TRACTS\5206.DWG R«,
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 b y the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such individual area total less than the fee of said area,the difference shall be paid
upon demand to the City or District.
A fifteen-foot(15') storm drain easement will be required within Tract 5206 whenever storm drain
facilities are located on private property. No encroachments into the easement will be permitted
including, but not limited to, foundations, roof overhangs, swimming pools, and trees.
Development No. Tract 5206
engr\permits\exhibi ts2\01-02-03\tract152060 m)
aka
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�IIP�I �IAT�I O� ! ���I►:TSR C� t�
PHONE(559)233-7161
-- �� FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
FRESNO.CALIFORNIA 93725-2218
Your Most Valuable Resource-Water
June 25 2003 C"" "Iff)
JUN 2 7 2003
Mr. Robert Lewis DEVELOPMENT DEPARTMENT
City of Fresno CITY OF FRESNO
Planning Division
Land Division Section
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
SUBJECT: VTTM No. 5206/UGM RA No. R-03-31 —FID's Teilman No. 79 Canal
Dear Mr. Lewis,
FID's comments and requests are as follows:
T. FID's Teilman No. 79 canal traverses the subject property as shown on the enclosed map.
2. FID requests that the applicant be required to submit a grading and drainage plan for FID
approval which shows that the proposed development will not endanger the structural
integrity of the canal, or result in drainage patterns that will adversely affect FID or the
applicant.
3. FID requests that the applicant grant an exclusive pipeline easement to FID and pipe the
Teilman No. 79 Canal across the proposed development in accordance with FID standards,
and that the applicant enters into an agreement with FID for that purpose. The applicant
will need to meet with FID to determine the pipeline alignment and required pipeline
diameter.
4. FID requests that its easement be shown on the map with proper recording information,
and that FID be made a party to signing all plans which affect its easement and
canal/pipeline facility and also be made party to signing the final map.
File:Agencies\County\VTTM5206/UGM RA R-03-31
BOARD OF President JACOB ANDRESEN, Vice-President EDDIE NIEDERFRANK
DIRECTORS JEFF NEELY,JEFF BOSWELL,RON DANGARAN,Ed.D. General Manager GARY SERRATO
June 25, 2003
Mr. Robert Lewis
Page 2 of 2
Thank you for allowing us to review this item. Please feel free to contact me with any questions or
concerns at 233-7161 extension 341 or sadams(c),,fresnoirrigation.com.
Sincerely,
FRESNO IRRIGATION DISTRICT
i
Selina Adams
Engineering Assistant
Enclosures
File:Agencies\County\VTTM5206/UGM RA R-03-31
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
TO: Robert Lewis, Supervising Planner
Planning Division
FROM: Nancy Morrison,PARKS PLANNING COORDINATOR,(559.621.2927)
DATE: July 17, 2003
Subject: Tentative Subdivision Map T-5206/UGM. Location: Northwest corner of South Marks and West
Madison Avenues.
The Parks, Recreation and Community Services Department has reviewed the Tentative Subdivision Map
proposed by Running Horse, LCC, on plans prepared by Lars Andersen &Associates, Inc. Parks offers the
following comments regarding the street tree and buffer/parkway strip.
1. STREET TREE REQUIREmzNTs -
A. The subdivider is required to provide for the planting of street trees on all public street frontages and the
dedication of applicable planting and buffer landscaping easements. Street trees shall be planted at the rate
of one tree for each 60'of street frontage,or one tree per lot,whichever is greater. The subdivider is
required to provide automatic drip irrigation for all street trees.
B. The street tree species are designated for the following rights of way:
South Marks Ave. Cinnamomum camphora(Camphor)
West Madison Ave Cinnamomum camphora(Camphor)
"H" Street Cinnamomum camphora(Camphor)
"K"Street Cinnamomum camphora,(Camphor)
2. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS
The subdivider is required to provide landscaping and long term provision for maintenance for the
landscaping in the landscape buffers and rights of way for West Madison, South Marks Avenues, lots 52, 53,
54,42, 41,43 backing to"H"Street,and lots 50, 51 and 52 backing to"K"Street. The subdivider may do
this by petitioning to annex into CFD2 or by forming a Home Owner's Association. If the subdivider elects
to petition into CFD2,paragraph B, 1-6 will apply.
B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and
Irrigation plans are required and shall be submitted to the Parks Division for review and approval prior to a
Council approval of the final map. Plans shall be numbered to conform to and included in the Public Works
Department's street construction plan set for the final map. These fees are applicable when the subdivider
elects to maintain the buffer landscaping by annexing to the city's Community Facilities District.
1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City
Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N-
23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and
Buffer landscaping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer
and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a
more uniform appearance on the street. Variances in the landscape concept will be acceptable, but
the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as
much as possible.
Parks Department comments T-5206 Tentative Map
July 17,2003 page 2
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be
placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with V of level ground
between the slope and the back of the sidewalk and/or face of fence. Erosion control measurds shall
be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in
combination with ground cover species approved by the Parks Division.
4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows.
5. No private flags, signs or identification of any kind shall be permitted in the right of way, within
the city-controlled easement or on the fence or wall facing the street.
6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
3. UGM
A. The proposed project will be built in UGM Park Zone 3,and should be subject to all UGM Park fees
allowed by FMC. The nearest park to the site is Chandler Park, located at 1225 South Crystal Avenues. The
closest regional park is Regional Sports Complex.
City o1
In E2
FRESNO FIRE DEPARTMENT DATE:
MEMORANDUM
TO:
FROM: SENIOR FIRE PREVENTION INSPECTOR
SUBJECT: V e s4, (e., r e- (Yl ,v e-� TRACT NO.
MEETING OF (DATE):
Fire Department Comments are as follows:
l 1 . This project i.s within 3 miles of Fire Station No. 3
2. This project is subject to UGM Fire service fees for Fire
Station No.
3. Provide (commial ) (residential ) hydrants and fire flows per
Public Works Standards with two sources of water.
4. Access is acceptable as shown.
l� 5. Access is not acceptable:
6. _This tract is in the Station 21 UGM Fee area and is required to
be annexed to the Community Facilities District No. 1 .
7. Other:
2543I/78I
Pacific.Cas and
Electric Company
;ourh`.Jev and Services 650"0"Street,Third Floor
F esno,0A 33'h;, GOGI
July 2 2003 559263 29
r Internal:821 7297
Fax:559,263 7388
Development Department "���� �Lu'
Engineering Services Division
Land Division Section J U I_ 0 3 2003
Attn: Mr. Robert Lewis Pla7ning avisjon
2600 Fresno Street, Room 3043 O?evelonrr,ent[)tip-artm9t,,f
Fresno, CA 93721-3604
Dear Mr. Lewis,
We have reviewed Tentative Tract Map No. 5206.
PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be
dedicated contiguous to all street(s) boundaries located within and along any portion
of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map.
PG&E also requests that a PUE be incorporated within all private roads.
PG&E may further require an easement from the properly owner(s) over the newly created
PUE's. The exact size and locations of the PUE's together with the need for an
easement will be finalized on the final map review.
PG&E's records show no gas or electric transmission facilities in the area.
Existing gas or electric facility relocations necessitated by new street improvements
(which are required as conditions of a development's final acceptance by the County
of Fresno) will be at the expense of the developer.
Thank you for the opportunity to review the plans of this Tentative Tract Map. If you
have any questions, please contact me at 263-7375.
Sincerely
Nick Minas
Land Technician
NJM:dkj
cc: Mike Crain, PG&E
City of Fresno
All-America City
DEPARTMENT OF PUBLIC UTILITIES
Date: 06/13/2003
Development Application #: VTT-5206, R-03-31 2000
APN: 326-100-28
Address: 3060 W. Madison Avenue
Project Description: A 58-Lot single-family residential subdivision on 18.6 ac. of R-1/UGM zoning.
Reviewed by: John Moser
Sanitary Sewer Service
It has been determined that the Project will contribute an estimated average daily discharge to the
sanitary sewer system of 20,010 gallons and capacity is available in the Sanitary Sewer System
to serve the Project, and
Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to
the site subject to the following requirements:
✓ A 660 foot sanitary sewer main extension is required in accordance with adopted
ordinances, specifications and as directed by Department of Public Utilities requirements.
✓ Separate sewer house branches are required for each lot.
✓ Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the sanitary sewer system.
✓ Sewer Connection Charges are due and shall be paid for the Project.
Water Service
It has been determined that the projected peak water demand for the Project has been estimated
at 123 gallons per minute and an adequate source of potable water is available to meet City,
State, and Federal standards during periods of peak demand in the City Water System serving
this project, and
Water facilities are currently or would be available to provide water service to the site subject to
the following requirements:
WXNAV5 k
✓ A 2,630 foot water main extension is required in accordance with adopted ordinances,
specifications and as directed by Department of Public Utilities requirements.
✓ Two independent sources of water are required to serve the Project.
✓ Dedication of a water well site is required.
✓ Construction of City water well is required.
✓ Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the City Water System.
✓ Payment for installation of water service(s) and/or meter(s) is required.
✓ Payment for installation of public fire hydrant(s) is required.
✓ Water Connection Charges are due and shall be paid for the Project.
Fresno
N#wlagh
City of
zona
IN- MK-
City Hall 559-621-8686 Public Works Department
2600 Fresno Street,Room 4019 Jon R.Ruiz,Director
Fresno,California 93721-3623
Date: July 9, 2003
TO: ROBERT LEWIS, Supervising Planner
Planning and Development Department, Current Planning
Through: ERIC FROBERG, Assistant Manager e
Public Works Department, Engineering Services
From: JOHN ALLEN, Engineer II
Public Works Department, gineering Services
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT
No. 5206/UGM
General
The subject site is located on the northwest corner of North Marks Avenue and West Madison
Avenue. The subject tentative tract map proposes to create 58 single family residential lots on
18.6 acres. Existing zoning is R-A/UGM. Proposed zoning is R-1/UGM.
The developer shall be required to construct any sewer and water facilities necessary to serve
adjacent properties prior to placement of any permanent street surfacing.
Sanitary sewer service
A 60-inch sanitary sewer main exists in South Marks Avenue to serve the proposed subdivision.
The following conditions are required to provide sanitary sewer service to the tract.
A. A 12-inch public sewer main shall be extended from South Marks Avenue along the West
Madison Avenue frontage.
/2. Separate sewer house branch shall be provided to each lot created within the subdivision.
�3. All public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
Water service
A'1-2-inch water main exists in South Marks Avenue north of the proposed subdivision. The
following conditions are required to provide water service to the tract.
I'j
✓ 1. A'�I-inch water main shall be extended southerly within South Marks Avenue from West
White�sbridge Avenue along the tract frontage.
d2. A II-inch water main shall be extended westerly within West Madison Avenue from South
Marks Avenue along the tract frontage.
4Separate water services shall be provided to each lot created.
. At least two separate points of connection to the public water system is required for the tract
and each phase thereof.
5. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
City of Fresno Sewer
— --- Sewer Mains
—Active
—Private
—Proposed
Parcels .......... -- ---------
Aerials 1995 ""
City Limits
Fresno County ,
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SCALE 1 : 5,122
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http://dpuweb2.ci.fresno.ca.us/mwf/MGWhip.mwf Tuesday, July 08, 2003 3:12 PM
City of Fresno V,, ater
I
Water Mains it--W.WHITES BRIDGE AVEJ - - - --- ------------
—Active ---- ------------- ---------- ----------
----- -
—Proposed -
Water Mains ----------7
---
—Active
---Proposed {
Parcels
i
City Limits
Fresno County
1
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W KEA EY BLVD
1 --- - -------------------- - ----- --- - - -
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SCALE 1 : 5,955
500 0 500 1,000 1,500
FEET
http://dpuweb2.ci.fresno.Ga.us/mwf/MGWhip.mwf Tuesday, July 08, 2003 3:14 PM
Fresno
WAmmeaCitr
2000 Irn %���
City Hall 559-621-8800 Public Works Department
2600 Fresno Street, Rm 4064 Jon R.Ruiz,Director
Fresno,CA.93 72 1-3623
www.fresno.gov
July 24, 2003
TO: Bob Lewis, Supervising Planner
Development Department, Planning Division
THROUGH: Jose Luis Benavides, P.E., Interim Transportation Manager��� Joffe
Public Works, Transportation Section
FROM: David Padilla, Interim Transportation Planning Supervi r
Public Works, Transportation Planning
SUBJECT: TT 5206, Public Works Conditions of Approval
The Public Works, Transportation Planning Section, has completed its review of Tentative Tract Map 5206, which
was submitted on behalf of Running Horse, LLC. The following requirements are to be placed on this tentative tract
map as a condition of approval by the Public Works Department.
General Conditions:
1. Handicap access ramps are required at all corners within the limits of this tract.
2. All required signing and striping shall be done and paid for by the developer/owner. The signing and
striping plans shall be done per the current CalTrans standards and shall be submitted as part of the street
construction plans for this tentative map to the Public Works Department for review and approval.
3. Wherever street furniture is proposed or existing within the proposed sidewalks, a minimum of 4ft of
unobstructed sidewalk path should be maintained to comply with ADA requirements. If necessary, dedicate
a pedestrian easement to accommodate for the 4ft minimum unobstructed path requirement.
.,%4. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic
Works Standard P-44.
Frontage Improvement Requirements:
Major Streets:
South Marks Avenue (Arterial):
L1i Dedicate an easement for street right-of-way purposes within the limits of this tract to meet for current City
of Fresno Arterial street standards. An additional 2-ft of right-of-way shall be dedicated along the required
/'right turn pocket at the northwest corner of Marks and Madison.
Construct concrete curb, gutter, 10' residential sidewalk pattern, 20-feet of permanent paving, and transition
paving as necessary north and south of this subdivision as determined during the street plan review
process.
3. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract.
X-Spacing and design shall conform to Public Works Standard for Arterials.
V4. Relinquish direct vehicular access rights to South Marks Avenue from all lots within this tract.
- 1 -
J:\Tracts\tract5206 Marks Madison.doc
West Madison Avenue Collector :
1. Dedicate an easement for street right-of-way purposes within the limits of this tract to meet current City of
Fresno Collector street standards. An additional 2-ft of right-of-way shall be dedicated along the required
80-ft long bus bay at the northwest corner of Marks and Madison.
Construct concrete curb, gutter, 10' residential sidewalk pattern and 20-feet of permanent paving and
transition as necessary within the limits of this tract. Construct an 80-foot bus bay curb and gutter to Public
Works Standards P-69 and P-73. A 10-foot monolithic concrete sidewalk adjacent to the bus bay will be
required.
Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract.
Spacing and design shall conform to Public Works Standard for collector streets.
Relinquish direct vehicular access rights to West Madison Avenue from all lots within this tract.
Local Streets
No left turns out will be permitted from West Tuolumne Street.
Relocate local West Stanislaus Street north to line up with West Chandler Avenue.
Interior Streets:
U Design and construct all curb, gutter, sidewalk (both sides), permanent paving, and underground street lighting
systems on all interior local streets. Sidewalk patterns to comply with Public Works API Standards for 50ft and 54ft
streets.
UGM Requirements:
/Ifhis Map is in UGM major street zone E-3; therefore pay UGM Major Street fees. Street UGM construction is
re9uired with this tract.
/Install a 200-watt safety light at its ultimate location on the northwest corner of Marks and Madison Avenues.
West Madison Avenue:
�onstruct the two 17' center section travel lanes within the limits of this tract. Depending on grades and drainage,
additional right-of-way may be necessary for the construction of the UGM center section.
South Marks Avenue
v-1. Construct a raised concrete median island within the frontage of this tract to accommodate for a 250-foot
left turn pocket at South Marks Avenue.
2. Construct the two 17' center section travel lanes from the intersection of Madison and Marks to the
V intersection of Whitesbridge and Marks Avenue. An additional 6' of paving will be required adjacent the left
turn pockets and the major intersections.
3. Construct a full median opening at the intersection of West Chandler Avenue and Marks Avenue per Public
Works standard P-15 (150' left turn pocket).
C:Transportation Reading File
- 2 -
J:\Tracts\tract5206 Marks Madison.doc
GOVERNMENT CODE §o6020(d)(9)
A protest filed pursuant to subdivision (a) shall be filed 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 other exactions to be imposed on a development project.
Each local agency shall provide to the project applicant a notice in writing at the time of the
approval of the project or at the time of the imposition of the fees, dedications, reservations,
or other exactions, a statement of the amount of the fees ora description of the dedications,
reservations, or other exactions, and notification that the 90-day approval period in which
the applicant may protest has begun.
Tentative Tract Map No. 5206
SEWER CONNECTION CHARGES FEE RATE
1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
2. Oversize Charge $0.05/sq. ft. (to 100' depth)
3. Trunk Sewer Charge n/a
Service Area:
4. Wastewater Facilities Charge $2,119/living unit
5. House Branch Sewer Charge n/a
6. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
7. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by
owner; fee for service(s) and
Meter(s) established by the
Master Fee Schedule.
8. Frontage Charge $6.50/lineal foot
9. Fire Hydrant Charge $0.75/100 square feet (to 250
feet parcel depth)
10. Transmission Grid Main Charge $560/gross acre
11. Transmission Grid Main Bond Debt
Service Charge $243/gross acre
12. UGM Water Supply Fee $323/living unit
Service Area: 401
13. Well Head Treatment Fee $27/living unit
Service Area: 401
14. Recharge Fee $0/living unit
Service Area: 401
15. 1994 Bond Debt Service $0/11ving unit
Service Area: 401
DEVELOPMENT IMPACT FEE
16. Northeast Fresno Policing Area n/a
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
17. UGM Fire Station Capital Fee $800/gross acre
Service Area: Undesignated
18. UGM Park Fee $2220/gross acre
Service Area: 3
19. Major Street Charge $2795/adj. acre
Service Area: E-3
20. Major Street Bridge Charge $160/adj. acre
Service Area: E-3
21. Traffic Signal Charge $860/adj. acre
22. UGM Grade Separation Fee n/a
23. Trunk Sewer Charge n/a
Service Area:
24. *Street Acquisition/Construction Charge n/a
c:\myfiles\wp\tract5206\tent2tiv.mlm
ti co U�
County of Fresno
DEPARTMENT OF PUBLIC WORKS AND PLANNING
$56
RICHARD L. BROGAN, DIRECTOR
�
June 30, 2003 L L
OEVELOPMENTDEPAOYEN'i'
City of Fresno, Development Department
Planning Division
Land Division Section
Attention: Robert Lewis
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
Dear Mr. Lewis:
SUBJECT: Vesting Tentative Map of Tract No. 5206/UGM and Rezoning
Application No. R-03-31
Fresno County has the following comments for Vesting Tentative Map of Tract No.
5206/UGM and Rezoning Application No. R-03-31.
r/'( Fresno County will need to review and approve the Grading and Drainage Plan
to insure that the parcels under the County's jurisdiction to the west are not
adversely impacted by the increase in storm water runoff or alteration to the
existing drainage patterns.
✓2. Street Improvement plans of all new and/or reconstructed roads which are
adjacent to County roads or properties under the County's jurisdiction should be
reviewed and approved by the County.
Temporary timber barricades should be required at the end of streets, which are
proposed as through streets.
,./4. City of Fresno must obtain Fresno County consent for acquisition of right-of-way
within County's jurisdiction for road construction purposes on Madison Avenue.
MAINTENANCE AND OPERATIONS DIVISION
2220 Tulare Street,Sixth Floor/Fresno, California 93721 /Phone(559) 262-4240/FAX(559)262-4166
Equal Employment Opportunity-Affirmative Action-Disabled Employer
TT5206
June 30, 2003
Page Two
Thank you for the opportunity to review this project. You can reach me at 262-4106 if
you have any questions regarding these comments.
Sincerely,
Frank Fowler, Division Engineer
Maintenance & Operations Division
Casey ng
Develop ent Engineering
CC:Isk
G:\4360 Dev_EngARespon ses%TT5206.doc
STATE r)F( AI.IFORN1A B( SINESS TR:1NSF :\TION AND HOUSING AGENCY _ GRAY DAVIS Governor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE = s
P. 0. BOX 12616
FRESNO, CA 93778-2616
PRONE (559) 445-6666 r' '<- `-�- 1r_<T"i Flet your power!
FAX (559) 488-4088 Be energy efficienif
TTY (559) 488-4066
June 26 2003 an
2131-IGR/CEQA
6-FRE-180-55.1
T-5206 & R-03-31
RUNNING HORSE GOLF CLUB
Mr. Robert Lewis
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Lewis:
Caltrans has reviewed the Tentative Tract Map and Rezone application proposing a
58-lot single-family residential subdivision on 18.6 acres located on the northwest
corner of West Madison and North Marks Avenue. Caltrans has the following
comments:
This project appears to be a portion of the development known as Running Horse Golf
Club, a project proposing 1,500 to 3,000 single-family homes. The current Tract Map
is proposing 58 lots. The whole of this project will have a significant impact on the
environment and will negatively impact the proposed State Route (SR) 180. Under
CEQA this necessitates an Environmental Impact Report (EIR) unless impacts are
mitigated to a level of insignificance. The project needs to provide appropriate
project-specific as well as cumulative analyses and mitigation of these impacts to the
transportation/circulation system as per CEQA.
Please note: CEQA does not allow projects to be segmented or to be reviewed
"piecemeal." This rule arises from the definition of a project under CEQA. The
definition states quite clearly that a project is the "whole of the action." The concept
of the Running Horse Development as we understand it is of a nature and size to
warrant an EIR, whereas this small piece is not. The "whole of the action" as
interpreted by the California Supreme Court means that it is generally inappropriate
to chop a project into small segments to avoid preparing an EIR (Bozung v. Local
Agency Formation Commission (1975) 13 Cal. 3d 263). Therefore, a lead agency may
not treat each separate permit or approval as a separate project for purposes of
evaluating the environmental impacts. The California Supreme Court has further
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26, 2003
Page 2
ruled that, while not all actions must be included in the same CEQA action, related
actions had to be included when they were reasonably foreseeable (Laurel Heights
Improvement Association v. Regents of the University of California (1988) 47 Cal 3d.
376). As this project has been widely publicized, it is reasonable for the lead agency
to include the remainder of the project for environmental review.
We note that a mitigated negative declaration could be an option for a Tentative
Tract map such as this. However, if the project's direct as well as cumulative impacts
(including impacts to the State Highway System) cannot be reduced to a level of
insignificance, a mitigated negative declaration is 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 as it only includes a portion of the ultimate project.
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.
The 2025 General Plan designates an intensification of land use designations for this
area of Fresno from the 1984 General Plan. 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 environmental 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
byCity 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
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26, 2003
Page 3
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
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.
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26. 2003
Page 4
Site planning involues 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. Caltrans reiterates the need for this project to prepare the necessary
transportation analysis and fully address mitigation.
The whole of this 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 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.
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
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26, 2003
Page 5
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 whole of 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 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
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26, 2003
Page 6
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?
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?
"Caltrans improves mobility across California"
Mr. Robert Lewis
June 26, 2003
Page 7
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 Coinmissirin a;1d the CityCoun 11. It you have. any � aestiors p!ea e tali.
me at (559) 445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning
District 06
c: Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
STATE,OF CALfF0RNIA BUSINESS TRANSF ATION AND HOUSING AGENCY _ GRAY DAVIS Governor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE s
P. 0. BOX 12616
FRESNO, CA 93778-2616
PHONE (559) 445-6666 Flex your power!
FAX (559) 488-4088 Be energy efficien[!
TTY (559) 488-4066
July 16, 2003
2131-IGR/CEQA
6-FRE-180-55.1
T-5206 & R-03-31
RUNNING HORSE GOLF CLUB
Mr. Robert Lewis
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Lewis:
On June 26, 2003 Caltrans submitted comments on a Tentative Tract Map and
Rezone application proposing a 58-lot single-family residential subdivision on 18.6
acres located on the northwest corner of West Madison and North Marks Avenue. We
commented that the project appeared to be a portion of the development known as
Running Horse Golf Club, a proposal including as many as 1,500 to 3,000 single-
family homes.
At the City Council hearing on July 15, 2003, Mr. Tom O'Meara, the proponent of the
Running Horse Development, testified that this 58-lot tract map is in fact the first
phase of the Running Horse project confirming Caltrans' June 26, 2003 comments.
In light of the developer's testimony, we must reiterate our previous comment that
CEQA does not allow projects to be segmented or to be reviewed "piecemeal." The
tract map in question is a part of a much larger project, the whole of which will have
a significant impact on the environment and will negatively impact the State Route
(SR) 180.
CEQA's prohibition against piecemealing a project arises from the definition of a
project. The definition states quite clearly that a project is the "whole of the action."
The concept of the Running Horse Development is of a size and nature to warrant an
EIR, whereas a 58-lot tract map is not. The "whole of the action," as interpreted by
the California Supreme Court, means that it is generally inappropriate to chop a
project into small segments to avoid preparing an EIR (Bozung v. Local Agency
Formation Commission (1975) 13 Cal. 3d 263). Therefore, a lead agency may not
treat each separate permit or approval as a separate project for purposes of
evaluating the environmental impacts. The California Supreme Court has further
ruled that, while not all actions must be included in the same CEQA action,related
"Caltrans improves mobility across California"
Mr. Robert Lewis
July 16, 2003
Page 2
actions had to be included when they were reasonably foreseeable (Laurel Heights
Improvement Association v. Regents of the University of California (1988) 47 Cal 3d.
376). As this project has been widely publicized, not to mention the developer's July
15, 2003 public testimony before the City Council, it is reasonable to assume that the
lead agency has at least some understanding that this project is bigger than a 58-lot
subdivision.
A traffic impact study is needed to fully evaluate the whole of this project's impacts to
the transportation/circulation system. Once again, 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.
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. We also request notification of the Planning Commission
hearing date for the tract map so that we may be present to provide testimony.
If you have any questions, please call me at (559) 445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning
District 06
C: Mr. Nick Yovino, City of Fresno
Mr. Rayburn Beach, City of Fresno
Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
Street Name Review
TM-5206 6-12-03
Street Name Status Recommended Change
"E" Street Add West Chandler Avenue
T" Street Add West Stanislaus Street
"D" Street Add West Stanislaus Street
"K" Street Add West La Sierra Drive
"C" Street Add West Tuolumne Street
"B" Street Add West Tuolumne Street
"A" Street Add West Oleander Avenue
West Madison Avenue Good
"G" Street Add South Lead Avenue
"H" Street Add South Blosser Avenue
South Marks Avenue Good
CITY OF FRESN( ENVIRONMENTAL ASSESSMENT ' INITIAL STUDY
FINDING OF CONFORMITY/MEIR NO. 70130
Pursuant to Section 21157.1 of the California Public Resources Code DATE RECEI` \\ LLLLJJ
�EFeEl,' f Q D
(California Environmental Quality Act)the project described below is '' LL''
determined to be within the scope of the Master Environmental Impact �� 8; 4
Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan.
CITY CLERK, FRESNO C,c.
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:
Running Horse, LLC Robert Lewis, Supervising Planner
26619 Carmel Center Place, Suite 200 July 16, 2003
Carmel, California 93922
Environmental Assessment Number: Project Location (including APN):
R-03-31, T-5206 Northwest comer of South Marks and West Madison Avenues
Tentative Tract No_ 5206 (APN: 326-100-28)
Rezoning Application No. R-03-31
Project Description:
Tentative Tract Map No. 5206/UGM and Rezoning Application No. R-03-31, proposes to rezone the
subdivision site to the R-l/UGM zone district and to divide the 18.6 acre site into 58 single family residential
lots. The tract is to be located at the northwest corner of South Marks and West Madison Avenues.
The site is presently rural residential and agricultural which has been used to cultivate agricultural crops.
Rezoning Application No. R-03-31 proposes to rezone the site to the R-1/UGM, Single Family
Residential/Urban Growth Management Area,zone district. The site is located within the Edison Community
Plan which with the adoption of the 2025 Fresno General Plan designates this site for medium-low density
residential.
The subdivision will be developed at an overall density of 3.11 units per acre. According to the 2025 Fresno
General Plan land use consistency table and Edison Community Plan land use consistency table, which has
been superseded by the 2025 Fresno General Plan,2.18 to 4.98 dwelling units per acre would be the
appropriate density range for the Medium-Low Density Residential land use designation of this property.
This tract map is located within the City's Urban Growth Management(UGM)Area, making it subject to
UGM requirements for extension and construction of the City's urban infrastructure elements (such as major
streets, water, sewer, fire stations, traffic signals, neighborhood parks, etc.)per the Urban Growth
Management Ordinance. UGM requirements have been determined necessary to provide for maintaining
public health and safety standards as development occurs at the City's fringes.
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
low density residential planned land use. The requested R-1/UGM zone district conforms to this medium low
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 rezoning 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 single-family residential uses at an intensity and scale that is
Finding of Conformity Under ME �o. 10130
Environmental Assessment No. R-03-31,T-5206
Page 2
July 16, 2003
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 rezoning, 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 necessary to assure that the project will not cause significant adverse cumulative
impacts,growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130
as provided by CEQA Section 15178(a).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be
determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause
significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific
project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use
designations, include impacts associated with the medium low 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 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 R ources Code (CEQA provisions).
t�--� 7A 6 A
Raybur . Beach, Jr. 00, Date
Planning Manager, City of Fresno
J:rclfiles/Finding of Conformity MEIR10130-EA R-03-31,T-5206
Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-03-31T-5206
Mitigation Monitoring Checklist(MEIR No. 10 130)for Environmental Assessment
No. R-03-31,T-5206
ENVIRONMENTAL CHEC) IST
Potential Environmental Effects EA NO. R-03-31, T-5206
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 10.0 TRANSPORTATION AND CIRCULATION
CONSIDERATIONS 1 10.1 Generation of vehicle traffic sufficient to cause
1 1.1 Geologic hazards, unstable soil conditions capacity deficiencies on existing street system
1 1.2 Adverse change in topography or ground 1 10.2 Cumulative increase in traffic on a major
surface relief street for which capacity deficiencies are
1 1.3 Destruction of unique geologic or physical projected
features 1 10.3 Specific traffic hazard to motorists, bicyclists,
1 1.4 Increased water erosion or pedestrians
1 10.4 Routing of non-residential traffic through
2.0 AIR QUALITY residential area
1 2.1 Substantial indirect source of pollution (large 1 10.5 Insufficient or poorly located parking
vehicle generator) 1 10.6 Substantial increase in rail and/or air traffic
1 2.2 Direct on-site pollution generation
1 2.3 Generation of objectionable odors 11.0 URBAN SERVICES
1 2.4 Generation of dust except during construction 1 11.1 Availability of fire protection
1 2.5 Adverse local climatic changes 1 11.2 Lack of emergency vehicle access
1 11.3 Adequacy of design for crime prevention
3.0 WATER 1 11.4 Overcrowding of school facilities
i 3.i insufficient ground water available fui long- 1 11.E Availabilit,of,. ater mains of adequate size
term project use 1 11.6 Availability of sewer lines of adequate
1 3.2 Use of large quantities of ground water capacity
1 3.3 Wasteful use of ground water 1 11.7 Availability of storm water drainage facilities
1 3.4 Pollution of surface or ground water supplies (on or off-site)
1 3.5 Reduction in ground water recharge 1 11.8 Availability of adequate park and recreation
areas
4.0 PLANT LIFE 1 11.9 Unusually high solid waste generation
1 4.1 Reduction of the numbers of any unique, rare,
or endangered species 12.0 HAZARDS
1 4.2 Reduction in acreage of agricultural crop 1 12.1 Risk of explosion or release of hazardous
1 4.3 Premature or unnecessary conversion of substances
prime agricultural land 1 12.2 Site subject to flooding
1 12.3 Adverse change in course of flow of flood
5.0 ANIMAL LIFE waters
1 5.1 Reduction in the numbers of any rare, unique, 1 12.4 Potential hazards from aircraft accidents
or endangered species 1 12.5 Potential hazards from landfill and/or toxic
1 5.2 Deterioration or displacement of valuable waste sites
wildlife habitat
13.0 AESTHETICS
1 6.0 HUMAN HEALTH 1 13.1 Obstruction to public or scenic vista or view
1 13.2 Creation of aesthetically offensive Conditions
7.0 NOISE 1 13.3 Removal of street trees or other valuable
1 7.1 Increases in existing noise levels vegetation
1 7.2 Exposure to high noise levels 1 13.4 Architectural incompatibility with surrounding
area
8.0 LIGHT AND GLARE
1 8.1 Production of glare,which will adversely affect 14.0 HISTORICAUARCHAEOLOGICAL
residential areas 1 14.1 Removal of historic building, disruption of
1 8.2 Exposure of residences to high levels of glare archaeological site
1 14.2 Construction or activity incompatible with
9.0 LAND USE adjacent historic site
1 9.1 Incompatibility with adopted plans and policies
1 9.2 Acceleration of growth rate 15.0 ENERGY
1 9.3 Induces unplanned growth 1 15.1 Use of substantial amounts of fuel or energy
1 9.4 Adverse change in existing or planned area 1 15.2 Substantial increase in demand upon existing
characteristics sources of energy
1 15.3 Wasteful use of energy
SEE REVERSE SIDE FOR EXPLANATION OF RATINGS
:Proj.EnvChkrist
Explanation of Ratings
Insufficient Information
Insufficient information is available to determine the potential environmental effects which may result from the proposed
project in this category.
oil is No Significant Environmental Effect
The proposed project will not have an adverse environmental effect in this category, or any such effect is not substantially
unusual or of undesirable magnitude. This rating is also utilized in cases where the category is not applicable to the
particular project under consideration.
11211 Moderate Environmental Effect
The proposed project will have an adverse environmental effect in this category, which is of sufficient magnitude to be of
specific concern. However, this effect is not substantial enough in itself to require the preparation of an Environmental
Impact Report.
Significant Adverse Environmental Effect
The environmental effect identified in this category substantiates in itself or contributed toward a finding that the proposed
project has a potentially significant adverse effect on the environment sufficient to require the preparation of an
Environmental Impact Report.
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