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HomeMy WebLinkAboutT-5215 - Conditions of Approval - 3/10/2005 Of • ���� REPORT TO THE PLANNING COMMISSION .t FES AGENDA ITEM NO. • �. COMMISSION MEETING 10-6-04 October 6, 2004 APPROVED BY FROM: STAFF, Planning Division f;o Planning and Development Department DEPARTMENT DIRECT SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 521 5 A RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT N T-5215 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5215 relates to the development of a 35-lot single-family residential subdivision on a 6.77-acre site that is located along the east side of South Orange Avenue between East California Avenue and East Dwight Way and is zoned R-1 (Single Family Residential)district and R-2 (Low Density Multiple Family Residential) district. Upon approval of the final tract map for the subject development, all of the lots within the proposed residential subdivision will conform to the density requirements, lot and property development standards of the R-1 zone district. When fully developed,the proposed subdivision will have an overall residential density of 5.17 dwelling units per acre. Staff recommends approval of Vesting Tentative Tract Map No. 5215, as the project is in conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan's medium density residential planned land use designation for the subject site which allows 4.99 to 10.37 residential dwelling units per acre. PROJECT INFORMATION PROJECT Requests authorization to subdivide and develop a 35-lot single family residential subdivision on a 6.77 acre site APPLICANT Sherman Spradling LOCATION East side of South Orange Avenue between the East California Avenue alignment and Dwight Way (Council District 5, Councilmember Dages) SITE SIZE 6.77 acres LAND USE Existing - Vacant land and residences Proposed - Single-family residential ZONING R-1 (Single Family Residential)and R-2 (Low Density Multiple Family)zone districts PLAN DESIGNATION The R-1 and R-2 zoned tentative tract map is consistent with the AND CONSISTENCY medium density residential planned land use designation of the 2025 Fresno General Plan and Roosevelt Community Plan for the subject site ENVIRONMENTAL FINDING Finding of Mitigated Negative Declaration was issued on September 17, 2004, for Environmental Assessment No. T-5215 PLAN COMMITTEE The Roosevelt Community Plan Implementation Advisory RECOMMENDATION Committee recommended approval of the project subject to a noise study on June 14, 2004 STAFF RECOMMENDATION Approve subject to Conditions of Approval dated October 6, 2004 1 � REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 2 BORDERING PROPERTY INFORMATION r Planned Land Use Existing Zoning Existing Use North General Heavy Commercial R-1 Single Family Residential and Single Family Residential and Medium Density Residential R-2 Multiple Family Residential Low Density Multiple Family Residential South Public/Quasi-Public Facility/ M-1 PG&E Maintenance and PG&E Substation Light Manufacturing Service Facility East Medium Density Residential R-2 Single Family Residential Low Density Multiple Family Residential West General Heavy Commercial C-M Commercial Use Commercial and Light Manufacturing ENVIRONMENTAL FINDING On September 17, 2004, a finding of a mitigated negative declaration was issued for Environmental Assessment No. A-03-06, R-03-38 which evaluated conditions on the westerly portion of the site consisting of 5.15 acres of property that was the subject of a plan amendment and rezone request. As part of the initial environmental assessment of the project area, a Phase 1 environmental assessment for on-site contamination was conducted because of the site's close proximity to an existing Pacific Gas and Electric (PG&E) service center and the storage of potentially hazardous materials on the subject site. The results of this assessment conducted by BSK Associates indicated that PCB's(Poly Chlorinated Biphenyl's)or other contaminants were not present on the site. Since the issuance of the initial environmental finding for the plan amendment and rezone applications, the applicant/developer has expanded a tentative tract map proposal to include property immediately east of the initial site (approximately 1.7 acres of property), currently owned by the City of Fresno Redevelopment Agency. Subsequently, an updated initial study was prepared for Vesting Tentative Tract Map No. 5215 which includes the additional 1.7 acres referenced above. (Refer to attached Environmental Assessment No. T-5215.) In accordance with the environmental assessment review process for Environmental Assessment No.T-5215, a mitigated negative declaration finding was issued on September 17, 2004.The environmental finding was publically noticed with no comments filed within the 20-day review and comment period. Although the Phase 1 study evaluated the initial site and properties within an approximate one-half mile radius from the site, city staff requested further information regarding the soil conditions on the properties that comprise the expanded area of the proposed subdivision. The city's request was based on the consideration that oil products might have been stored in barrels on the expanded portion of the site. Recently, BSK and Associates conducted a more detailed study of this portion of the site which included soil sample collections and analysis. The study indicates that PCB's were not detected in the soil samples, however, hydocarbon contamination in the form of oil and grease products were detected. A summary of the findings from this study is appended to the staff report. The conditions of tract map approval issued for this project requires the applicant/developer to remediate to acceptable levels this particular contaminant in accordance with the appropriate policies and requirements of the County of Fresno Department of Community Health and the Central Valley Regional Water Quality Control Board. r PIEPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 3 BACKGROUND/ANALYSIS Vesting Tentative Tract Map No. 5215 proposes to develop a 35-lot single-family residential subdivision on a 6.77-acre site located along the east side of South Orange Avenue between the East California Avenue and East Dwight Way. The subject site is comprised of three parcels of land (Assessor's Parcel Nos. 471-272-04, -05 and -09). The portion of the site (5.09 acres) that is Parcel 471-272-09 was recently rezoned from M-1 (Light Manufacturing)and R-2(Low Density Multiple Family Residential)to R-1 (Single Family Residential)in order to accommodate the proposed single family residential development. However,the zone district designation of the recently added portion of the site, comprised of Parcels 471-272-04 and -05, will remain in the R-2 (Low Density Multiple Family Residential)zone district. Although single family residential development is allowed within the R-2 zone district classification,this zone district classification is primarily oriented toward facilitating the development of multiple family residential uses that are characteristically associated with apartment complexes. In order to ensure that the portion of the site that is zoned R-2 remains primarily a single family residential tract developed as currently proposed, compliance with the density requirements and the lot size and property development standards of the R-1 zone district has been made a condition of tract map approval. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan, which correspondingly updated the Roosevelt Community Plan. These planning documents designated the subject site for medium density residential and general heavy commercial planned land uses. On March 30, 2004, the City Council reviewed and approved Plan Amendment Application No. A-03-06 which changed the portion of the site designated for commercial uses to medium density residential uses. The Council also approved Rezone Application No. R-03-38 which changed the site's R-2 and M-1 zone district classifications—as initially proposed—to the R-1 zone district classification. As previously mentioned the portion of the site that was added later will retain its existing R-2 zone district classification. The applicant has filed Vesting Tentative Tract Map No. 5215 in order to develop a 35-lot subdivision with an overall residential density of 5.17 dwelling units per acre. The proposed development complies with the medium density residential density range of 4.99 to 10.37 dwelling units per acre, as specified by the "Planned Land Use and Zone District Consistency Matrix"of the 2025 Fresno General Plan. Access to the site will be from East Dwight Way. Because the proposed subdivision is relatively small, involving only 35 lots,the traffic generated from the project will not significantly impact this local street. The city's Public Works Traffic Planning Section is requiring that direct access rights to properties along South Orange and California Avenues be relinquished as a condition of tract map approval. As previously indicated,the traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards and applicable Master Environmental Impact Report No. 10130 mitigation measures. Furthermore,water and sewer infrastructure availability and service capacity to meet project demands have been verified by the Department of Public Utilities and have been noted in the Conditions of Approval for Tract 5215 dated October 6, 2004. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 4 Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed the tentative tract map on June 14,2004,and recommended its approval subject to the condition that a noise study be conducted on the site in order to identify mitigation measures to reduce noise impacts from railroad activity along abutting railroad tracks located immediately south of the site. Water Resources and Public Water Supply Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will ensure that an adequate, reliable,and sustainable water supply for the project's urban domestic and public safety consumptive purposes is provided. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, which will be dedicated to the City of Fresno. The applicant will meet these requirements through the payment of water connection charges as assessed for the project. The nearest City of Fresno water mains available to serve the project are a 12-inch main located in South Orange Avenue and a 6-inch main located in East Dwight Way. However,water mains(including installation of City fire hydrant(s) shall be extended within the proposed tract to provide water service. Separate water services with meter boxes shall be provided to each lot created. The developer will be required to abandon and seal any existing on-ste water well(s)in compliance with State of California Well Standards or the current revisions issued by California Department of Water Resources and City of Fresno standards. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD) which is sufficient to accommodate continued planned urban development including the proposed project. The nearest sanitary sewer main to serve the project are a 36-inch main located in South Orange Avenue and an 8-inch main located in East Dwight Way. The developer is required to extend the sanitary sewer main within the proposed tract to provide sewer service to each lot. The developer is required to abandon on-site private sewer systems as a condition of project approval. Storm Drainage Capacity The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by its facilities. Drainage from the site shall be directed to Dwight Way. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6,2004 Page 5 Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates South Orange Avenue as a "collector" street with an 80-foot right-of-way width. The developer will be required to construct curb, gutter, sidewalk, and transition paving within the limits of the tract, an underground street lighting system, and other improvements as required by the conditions of project approval. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5215 Conditions of Approval dated October 6, 2004. Streets and Access Points Because the proposed subdivision is a small residential development consisting of only 35 lots and contains only one local street(East Dwight Way).The project main access point is from South Orange Avenue. The Public Works Department,Transportation Planning Section,has reviewed the tentative tract map application and has determined that streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated by the project proposal. Landscaping/Walls Given that the proposed subdivision abuts a planned collector street (Orange Avenue), the development will be required to install 10 feet of landscaping along the portion of the subdivision that abuts this street in accordance with the Fresno Municipal Code. The development will also be required to provide a one-foot easement along the south property line of the tract(at the rear of the required block wall) for vine plantings. The developer can establish a homeowner's association in order to maintain the required easement in accordance with the association's "Declaration of Covenants, Conditions and Restrictions" (CC&Rs); or can petition the city for annexation to a community facilities district for maintenance of the landscape easement. As a condition of project approval, the applicant will also be required to construct a block wall at the rear of the required landscape easement along South Orange Avenue and along abutting railroad right-of-way located along the tract's southern boundary in accordance with the"Acoustical Analysis"dated April 2,2004, prepared by Brown-Buntin Associates, Inc. Lot Size, Dimensions, and Building Setbacks The proposed residential subdivision shall comply with the property development standards of the R-1 zone district. These standards require a minimum lot size of 6,000 square feet, minimum lot width of 60 feet for interior lots and 65 feet for corner lots, 40 foot street frontage for cul-de-sac lots, and a minimum lot depth of 100 feet, or minimum lot depth of 130 feet for property that abuts railroad right-of-way. Each lot shall have a minimum front yard building setback of 20 feet; 5 feet for an interior side yard, 10 feet along street side of a corner lot, 15 feet for reversed corner lot side yards, and a rear yard area of 20 feet. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of Findings Nos. 2 through 5, below, is made in the negative. In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6, below). .s 13EPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 6 1. The proposed subdivision map,together with its design and improvements, is consistent with the 2025 Fresno General Plan and the Roosevelt Community Plan because the land use element of these plans designate the site for medium density residential and single family land uses. The proposed density of the project is consistent with these land use designations. 2. This site is physically suitable for the proposed type and density of development because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish,wildlife or their habitat, because of the ongoing urbanization of the area in which the site is located. Specifically,the proposed development will be adjacent to, or within close proximity to existing single family residences. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval will ensure that the subdivision conforms with city health and safety standards including (but not limited to) the extension of sanitary sewer and water service to the site. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will ensure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement ,of landscaping plant materials and because of the orientation of the proposed units. The subdivision map, 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 Roosevelt Community Plan, will comply with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Planning Commission action on the tentative tract map, unless appealed to the City Council, is final. California Department of Transportation (Caltrans) Caltrans has indicated that they do not have any comments regarding this proposed project. Conditions of Approval 1. Development shall take place in accordance with Vesting Tentative Tract Map No.5215,dated May 14, 2004. 2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 5215 dated October 6, 2004, and related memoranda and correspondence from city departments and outside reviewing agencies. 3. Development shall take place in accordance with the Finding of a Mitigated Negative Declaration determination for Environmental Assessment No. T-5215 issued September 17, 2004. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 7 CONCLUSION / RECOMMENDATION Staff recommends that the Planning Commission take the following action: 1. APPROVE the Mitigated Negative Declaration for Environmental Assessment No. T-5215 issued September 17, 2004. 2. APPROVE Vesting Tentative Tract Map No. 5215, dated May 14, 2004, subject to compliance with the Conditions of Approval dated October 6,2004,and related memoranda from city departments and reviewing agencies. K:\Common\Master Files-Tract Maps\Tract 5215-Donn 8\Tract 5215 Rpt to PC 10-6-04.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5215, dated May 14, 2004 Conditions of Approval for Vesting Tentative Tract No. 5215, dated October 6, 2004, and related memoranda Soils Sample Study (Summary of Findings), dated September 29, 2004 Environmental Assessment No. T-5215, dated September 17, 2004 1 1 1 . 11 IR-11 III I I I 1 411111 BRALY BRALY z R-1 z R 1 z -1 z R-1 LU R-1 R 1 C-M 1 WOODWARD R-2 z WOODWARD 1VN R-2 z TR2R-2 Z R-1 p DWIGHT ' R-1 M-3 W C7 M-1 PoF1 LEGEND Subject Property VICINITY MAP PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5215 A.P.N.:471-272-04T.05T,09 w+- e ZONE MAP: 2552 Northeast corner of California and Orange Aves. NOT TO SCALE BY/DATE: J.S. / 9-22-04 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL October 6, 2004 VESTING TENTATIVE TRACT MAP NO. 5215 East side of South Orange Avenue between East California Avenue and East Dwight Way All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code,City policies,and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management(UGM)Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees,dedications, reservations or exactions 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 Upon conditional approval of Vesting Tentative Tract Map No. 5215 entitled "Exhibit A," dated May 14, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval(Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal,the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 2 4. Public utilities easements,as necessary,shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno. Master Fee Schedule (City Resolution Nos.79-606 and No.80-420)and any amendments,modifications,or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval,any public improvements have not been completed and accepted in accordance with the standards of the City,the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish direct access rights to all lots along South Orange Avenue and along railroad right-of-way(East California Avenue)within this development. Refer to Section 12-1011-f-3 of the Fresno Municipal Code. 10. Solid Waste disposal for the subdivision shall be provided by the City of Fresno. The method of r collection to be utilized in this tract shall be subject to the approval of the Solid Waste Manager. 11. The development of lots 27, 28, 29, 30, 31, 32, 33, 34, and 35 shall comply with the density requirements,lot size and property development standards of the R-1 zone district(Section 12-211 of the FMC). 12. Consider (not a requirement) attached Roosevelt Community Plan Implementation Committee design guidelines for single-family residential development. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 3 Landscaping and Walls 13. Comply with the recommendations from the Brown-Buntin Acoustical Analysis for Vesting Tentative Tract Map No. 5215, dated April 2, 2004. 14. Comply with County of Fresno Health Department Environmental Health and Central Valley Regional Water Quality Control Board requirements regarding site cleanup of hydrocarbon(oil and grease) contamination. Refer to BSK Soil Sample study dated September 29, 2004. 15. Provide a 10-foot landscape and pedestrian easement (and irrigation system) along the rear property lines of all lots which back onto South Orange Avenue. Reference Section 12-1011-f-3 of the Fresno Municipal Code. 16. Maintenance of the required 10-foot landscape easement along South Orange Avenue 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. The property owners shall petition the City for annexation to the City's District prior to Final Map approval. 17. 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. 18. Should the City Council not approve the annexation of such landscape area than the property owner/developer shall create a homeowners association forthe maintenance of the landscape area and proposed private streets, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 19. 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. 20. Construct a 6-foot high solid masonry wall, or approved architecturally designed solid fence (solid wall of fence to meet requirements of Section 12-306-H of Fresno Municipal Code) at the rear of the required landscape easement noted in condition number 15, above. (Note: Wall height may increase based on Condition No. 21, below.) 21. Construct a solid masonry wall or combination of solid masonry wall and berm along the project's southern and western boundary(California and Orange Avenues)in accordance with the Acoustical Analysis conducted by Brown-Buntin Associates, Inc., for Vesting Tentative Tract Map No. 5215, dated April 2, 2004. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 4 22. Relative to condition number 20,above,the wall shall be set back one-foot from the south property line and landscaping (climbing vine) and irrigation system shall be installed to provide screening of the wall, subject to the granting of access to construct and maintain said landscaping by the railroad company which owns the abutting railroad track right-of-way. 23. 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 24. Minimum lot size, lot dimensions and building setbacks for all lots in the subdivision shall be in accordance with the R-1 zone district property development standards. Refer to Fresno Municipal Code Sections 12-211.5 and 12-212.5. Information 25. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act,which states`The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained priorto commencement of tract grading work,in accordance with Chapter 13 of the Fresno Municipal Code. 28. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted (business hours; 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission(phone number 916-653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone number 805-644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 5 � t ,/ 29. Apportionment of Special Assessment: If,as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 30. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 31. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid _ to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. PARK SERVICE 32. The developer/owner shall comply with the requirements in the attached memorandum from the Parks Division dated June 3, 2004, for Vesting Tentative Tract Map No. 5215. FIRE SERVICE 33. Fire service will be provided by Fire Station No.8, located near the corner of South Cedar and East Butler Avenues. Provide residential hydrants and fire flows at a minimum of 1,500 gallons per minute, with two sources of water. Refer to Fresno Fire Department memorandum dated May 24, 2004. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 6 STREETS AND RIGHTS-OF-WAY 34. 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. 35. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all comers within the limits of the tract. Where street furniture is located within the sidewalk area(fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 36. All of the required street improvements shall be constructed and/or installed in accordance with current City of Fresno Standard Specifications. All required signing and striping shall be done by, and paid for, by the developer/owner. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be submitted to the Transportation Section of the Public Works Department for review and approval. 37. The subdivider shall underground all existing offsite overhead utilities within the limits of this map in accordance with Fresno Municipal Code Sections 12-1011, 8-801,and Resolution Nos.78-522/ 88-229. 38. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos.68-187,78-522,81-219,and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 39. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 40. Change the following street names: ■ South Sixth Street to South Seventh Street ■ South Seventh Street to South Eight Street ■ South Eighth Street to South Wolters Avenue ■ South TBD (to be determined) Street to South Spalding Avenue Major Streets South Orange Avenue (Collector) 41. Existing 80-foot Collector, no de kation re red. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 7 42. Construct concrete sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to an 8-foot residential pattern. 43. Construct 20 feet of permanent paving (measured from face of curb) within the limits of the subdivision. 44. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector / Streets. �{�/ 45. Relinquish direct access rights to Orange Avenue from all lots within this subdivision. Interior Streets 46. Design and construct concrete curb,gutter,sidewalk(both sides),permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works standards. Sidewalk patterns to comply with Public Works Standards for 50-foot and 60-foot streets. Specific Mitigation Requirements 47. Dwight Way: Dedicate 30 feet of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Standards. (Dedication of street right-of-way shall be sufficient to maintain a 10-foot sidewalk pattern.) 48. Abandoned driveway approaches on Orange Avenue and Dwight Way shall be removed and replaced with curb, gutter, and sidewalk in accordance with the Public Works Standards. 49. The developer shall contact Union Pacific and San Joaquin Valley Railroads to coordinate At-Grade Railroad crossing improvements. 50. Install a signal pole and 150-watt safety light to Public Works Standards at the northeast comer of East California Avenue and South Orange Avenue. 51. Full off-site improvements adjacent to California Avenue shall be required for public health and safety and the orderly development of the surrounding area. Reference `The Subdivision Map Act" Chapter 1, Section 66424.6. California Avenue is a substandard street which does not meet Public Works Standards. a. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. Construct transition paving, west of Orange Avenue and east of the limits of the subdivision as needed. b. Construct concrete curb to Public Works Standard P-5. Curb shall be constructed 10 feet from property line. i CONDITIONS OF APPROVAL .Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 8 SEWER SERVICE 52. The nearest sanitary sewer main to the project are a 36-inch main located in South Orange Avenue and an 8-inch main located in East Dwight Way. Sanitary sewer service through the City's Sewer System shall require the following prior to connection. 53. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 54. Separate sewer house branches shall be provided for each lot created. 55. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 56. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees 57. The following sewer connection charges are due and shall be paid for the project: Sewer lateral charge; Oversize Sewer Charge; Wastewater facilities charge (residential only); Trunk Service Basin:Orange. Refer to Development Fees and Charges section of this document. WATER SERVICE 58. The nearest City of Fresno water mains to the project are a 12-inch main located in South Orange Avenue and a 6-inch main located in East Dwight Way. The following water improvements shall be required prior to providing City water service to the project. 59. Water mains(including installation of City fire hydrants)shall be extended within the proposed tract to provide water service to each lot created. 60. Separate water services with meter boxes shall be provided to each lot created. 61. Installation(s) of public fire hydrant(s) are required in accordance with City Standards. 62. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 63. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 64. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. CONDITIONS OF APPROVAL .Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 9 Water Fees 65. The following water connection charges and fees shall be paid for the project: Wet-ties, water service(s), and meter(s) installations to be performed by the City Water Division; _ Frontage Charge;Transmission Grid Main Charge;Transmission Grid Main Charge;Transmission Grid Main Bond Dept. Service Charge. SOLID WASTE General Requirements 66. Tract 5215 will be serviced as single family residential properties with basic container service. Property owners will receive three containers to be used for solid waste, green waste and recyclable material. 67. Owners, lessees or other tenants of the residential dwellings on service day,before 6:00 a.m., shall place their solid waste containers at the edge of the curb, approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City's Solid Waste Management Division standards. 68. Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section No. C,10, no solid waste container nor residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. Special Conditions: 13 VJ CL)VAw4�Jff P422 69. There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste service day. This pertains to any lot that is in whole or part of a cul-de-sac. 70. The following lots shall be clear of all vehicles before 6:00 a.m. on the solid waste service day: . its 2, 3, 4, 5, 6 & 7 on South Seventh Street Lots 10, 11, 12, 13, 14, 15 & 16 on South Eighth Street Lots 19, 20, 21, 22, 23, 24 & 25 on South Wolters Lots 28, 29, 30 31, 32, 33 & 34 on South Spalding Submit an appropriate covenant agreement to guarantee that the owners of above-referenced lots shall place their containers at the front property lines for service. FLOOD CONTROL AND DRAINAGE l � -71. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. ,�yGS 72. 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, " I 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 June 2, 2004. CONDITIONS OF APPROVAL .Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 10 73. Drainage from the site shall be directed to Dwight Avenue. 74. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within 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. FRESNO IRRIGATION DISTRICTIFIW 'A3 Z6564w&D 9A-,.e*40wC a& fes, 75. FID's Braly No. 14 pipeline traverses the subject property as shown on the enclosed map. 76. FID requests that the applicant grant an exclusive pipeline easement to FID across the proposed development in accordance with FID standards, and that the applicant enters into an agreement with FID for that purpose. 77. FID requests that its easement be shown on the map with proper recording information, and that FID be mad a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the Final Map. 78. 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 pipeline, or result in drainage patterns that will adversely affect FID or the applicant. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 79. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated May 24, 2004, for Vesting Tentative Tract Map No. 5215. DEVELOPMENT FEES AND CHARGES 80. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/RATE a. Maintenance District Plan Review fee $176.00 b. Field Inspection fee $305.00 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE c. Metropolitan Flood Control District Fee ` Contact FMFCD for new fees. Rates increased March 1, 2004 CONDITIONS OF APPROVAL .Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 11 SEWER CONNECTION CHARGES FEE RATE d. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) e. Oversize Charge $0.05/sq. ft. (to 100' depth) f. Trunk Sewer Charge Service Area: n/a g. Wastewater Facilities Charge $2,119/living unit h. House Branch Sewer Charge n/a I. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE j. 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. k. Frontage Charge $6.50/lineal foot I. Transmission Grid Main Charge $560/gross acre m. Transmission Grid Main Bond Debt Service Charge $243/gross acre n. UGM Water Supply Fee $397/living unit o. Well Head Treatment Fee n/a p. Recharge Fee n/a q. 1994 Bond Debt Service n/a r. Fire Hydrant Charge n/a DEVELOPMENT IMPACT FEE s. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* t. UGM Fire Station Capital Fee n/a u. UGM Park Fee n/a CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5215 October 6, 2004 Page 12 v. Major Street Charge n/a w. Major Street Bridge Charge n/a x. Traffic Signal Charge n/a y. UGM Grade Separation Fee n/a z. Trunk Sewer Charge n/a Service Area: aa. Street Acquisition/Construction Charge n/a bb. UGM At-Grade Railroad Crossing Fee Service Area: n/a K:\Common\Master Files-Tract Maps\Tract 5215-Donn B\TT-5215-C0A.wpd City of 1ln=M nL%_llk1• \I/i riiC�i cq�o ROOSEVELT IMPLEMENTATION/ADVISORY COMMITTEE AGENDA Room 3054S 4:00 P. M. City Hall Monday, June 14, 2004 2600 Fresno Street Fresno, California 1. Call to Order 4:00 P.\"' . 2. Approve Agenda 3. Continued Matters 4. New Matters A. Tentative Tract map No. 5215 Staff: Donn Beedle APN: 471-272-04, -05 & -09 Location: s/e comer, S. Orange Ave. & E. Dwight Way This subdivision map proposed to divide the 6.68 acre subject site into thirty-five (35) single family lots. Zoning: This site was recently rezoned to the R-1 (Single Family Residential) District. Comments tA Recommendation: Approve:� Deny: 0 Abstain d City of DATE: May 26, 2004 TO: Donn Beedle, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager UQ6Y�4 Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor �(,?E Public Works Department, Engineering Division SUBJECT: TT 5215, Public Works Conditions of Approval (N/E corner of California and Orange) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5215, which was submitted by the Redevelopment Agency, City of Fresno. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Handicap access ramps are required at all corners within the limits of this subdivision. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. Frontage Improvement Requirements: Major Streets: South Orange Avenue: Collector 1. Existing 80' Collector, no dedication required. 2. Construct concrete sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to an 8-foot residential pattern. 3. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to Orange Avenue from all lots within this subdivision. Page 1 of 2 C:\Louise\TRACT MAPS\T-5215 CALIFORNIA&ORANGE.doc Interior Streets: Design and construct all curb, gutter, sidewalk, both sides (Dwight Way, south side only), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty (50) and sixty (60) foot streets. Specific Mitigation Requirements: 1. This tract will generate 27 a.m. / 35 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. Dwight Way: dedicate 30' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Standards. (Dedication of street right of way shall be sufficient to maintain a 10' sidewalk pattern). 3. Abandoned driveway approaches, on Orange Avenue and Dwight Way, shall be removed and replaced with curb, gutter and sidewalk in accordance with the Public Works Standards. 4. The developer shall contact Union Pacific and San Joaquin Valley Railroads to coordinate At- Grade Railroad crossing improvements. 5. Install a signal pole and 150-watt safety light to Public Works Standards at the northeast corner of East California Avenue and South Orange Avenue. 6. Full offsite improvements adjacent to the California Avenue shall be required for public health and safety and the orderly development of the surrounding area. Reference "The Subdivision Map Act", Chapter 1, Section 66424.6. California Avenue is a substandard street which does not meet Public Works Standards. a. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. Construct transition paving, west of Orange and east of the limits of the subdivision as needed. b. Construct concrete curb to Public Works Standard P-5. Curb shall be constructed 10' from property line. UGM Requirements: N/A Page 2 of 2 C:1Louise\TRACT MAPSIT-5215 CALIFORNIA&ORANGE.doc City of le in MA ir"Fm-ui %P,' DEPARTMENT OF PUBLIC UTILITIES Date: May 25, 2004 To: Donn Beedle, Planner III Planning and Development Department, Advance Planning From: DOUG BECKER, Engineer II -T::�to Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5215 General The subject site(approximately 6.7 acres)is located on the southeast corner of South Orange Avenue and East Dwight Way. The subject vesting tentative tract map proposes to create a 35-lot single-family residential subdivision. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest City of Fresno sanitary sewer main to the project are a 36-inch main located in South Orange Avenue and an 8-inch main located in East Dwight Way. Sanitary sewer service through the City's Sewer System shall require the following prior to connection. • Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. • Separate sewer house branches shall be provided for.each lot created. • Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. • Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: • Sewer Lateral Charge • Oversize Sewer Charge • Wastewater Facilities Charge (Residential Only) Sanitary Sewer Comments Trunk Service Basin; Orange Water Requirements The nearest City of Fresno water mains to the project are a 12-inch main located in South Orange Avenue and a 6-inch main located in East Dwight Way. The following water improvements shall be required prior to providing City water service to the project. • Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. • Separate water services with meter boxes shall be provided to each lot created. • Installation(s) of public fire hydrant(s) are required in accordance with City Standards. • Two independent sources of water, meeting Federal And State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. • Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. • Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project. • Wet-ties, water service(s), and meter(s)installations to be performed by the City Water Division. • Frontage Charge • Transmission Grid Main Charge • Transmission Grid Main Bond Dept Service Charge PArkc Ron ntinn R rnm m Parks,Recreation&Community Services June 3,2004 T-5215 Page/ I PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Donn Beedle,Planner Planning Division FROM: HILARY K vIBER,Parks Supervisor II(621-2924) DATE: June 3,2004 Subject: Tentative Subdivision Map T-5215 (Located on the northeast side of S. Orange Avenue and East California Avenue) The Parks Department has reviewed the Vesting Tentative Subdivision Map Tract No. 5215 drawn by Harbour&Associates.,for Sherman Spradling, dated 2/27/04. Parks offers the following comments regarding the street tree, and buffer/parkway strip conditions . . . STREET TREE REQUIREMENTS A. If streets within this subdivision were to be constructed at 50' in width, per Council Resolution#98-129, the developer would be required to meet Development Department Standards for front yard tree planting. DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT B. The developer may landscape for inclusion into the Community Facilities District(CFD2),the landscape strip and right-of-way on the east side of S. Orange Ave. The right-of-way located on E. California Ave.will not be eligible to be included into the CFD2 since it is within the railroad right-of-way . 1. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks,Recreation and Community Services Department. 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 passed by Council on September 20, 1994. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with F of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way,within the city- controlled easement or on the fence or wall facing the street. Parks,Recreation and Community Services Department ,tune 3, 2004 T-5215 Page 3 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. 7. Street trees designated for this project shall be: S. Orange Ave. Chitalpa tashkentensis(Chitalpa) MEDIAN ISLANDS C. NO MEDIAN ISLAND EXISTS: Median island landscaping is required as per FMC 12-306-N-24. Currently,there is no median island fronting the project boundaries. Should the Traffic Division require a new median,median island landscaping shall be required as per FMC. At the option of the applicant, a fee may be paid in lieu of landscaping the median. The FY2002 approved in lieu of fee for medians is $9.96/SF. Median islands less that 5 feet in width(face of curb to face of curb dimensions)shall be exempt from either the landscaping or in lieu of fee requirements. The project proponent shall consult with the office of Parks,Recreation& Community Services(621-2900)before submitting plans to coordinate design and construction activities. UGMREQUIREMENTS D. The project is not located in a UGM Zone. This project is consistent with the Parks Master Plan. FEES E. As a reminder, please verify that the following administrative/plan check fees are collected: 1. Collect the CFD Plan Review fee of$176.00 (FY2002 rates)(Acct#34599 Fund#10101 Org#17050) 2. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct. (Acct#34599 Fund#10101 Org #17050) OFR 5 or qw Alt S 1�I�b to,R- F�1I►� TRS Com, t PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water May 20, 2004 U-U V �� Mr. Donn Beedle MAY 2 4 2004 City of Fresno Planning Division Planning Division 2600 Fresno Street, Rm. 3043 Development Department Fresno, California 93721-3604 CITY OF FRESNO RE: Vesting Tentative Map of Tract No. 5215 —FID's Braly No. 14 Canal Dear Mr. Beedle, FID's comments and requests are as follows: 1. FID's Braly No. 14 pipeline traverses the subject property as shown on the enclosed map. 2. FID requests that the applicant grant an exclusive pipeline easement to FID across the proposed development in accordance with FID standards,and that the applicant enters into an agreement with FID for that purpose. 3. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 4. FID requests that the applicant be required to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline,or result in drainage patterns that will adversely affect FID or the applicant. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadamsafresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT S Selina Adams Engineering Assistant File:Agencies/City/VTTM 5215 w 0 , t Y, Y k i ♦, � �� t 4. '"�` `.'�' '.iyifr» s g"Y: kX� f ' ;. w ' "+°"�.»a+.:+.w-mow...• , t OLL Ems .` ,v ^^^ LL LL 9 CL CL CL rl CL 41 CL T_7 4rL j r».. � .� �,., m ytr•�`*J� � {' � � � '"� .qi�'� � 4^ e$i. � •r^+a` � xi t•1i..�'�- �—Le�- �___� � "llilLJUl1Ui+!' � � � ��'A t s y'. a 1d' y {�a n � I 1 1 u � 7 i Ik ���O '��'"r�`�`4 ar• °� SEP{I � - �. I. I � �- - � a: I, n I A I � 1 .t a ' + V e 4 rtir ,P• E Galt • [ a { �E +^w`v�j+��' �1 �.= G i a"�' i tatl• ,. f tv _yam.__ �.� • #�v n r6 y�*s4► w �3�w .° : .���, o �'f''" 3'�s� -�"a��' �^k I.. {f��� aE r' heti' �.a � � � �v:S�sv'g Ac . " � I •t. t �y ty . • ..^ �.F}� ,,t44 }���A—�,,'. % �•4 t + •l hA .:. 'R +�4y S �I� µ" � ; �' 'SM .T.� � � * t� _ tF Tel S F( �:._' • Imo, ���,��i!� , t V- ..�. �IIJ�`� >!��a •h 1.: r1f � %�7•t'�• �.• y """.�r�.`µSw k.An7Y+#y �j ..m.� 'a. 7' •v 'fie� S.'tr :�2 co Human Services System Department of Community Health Brad Maggy, Director l 0 �g56 Adult Services Department Children & Family Services Department �RES� Employment&Temporary Assistance Depa:-tnient May 21, 2004 (�(� ��] FA0272088 1 UECEO V ED PE 260290 Donn Beedle City of Fresno MAY Z 7 2044 Development Department 2600 Fresno Street Planning Division Development Department Fresno, CA 93721 CITY OF FRESNO Dear Mr. Beedle: PROJECT NUMBER: T-5215 PROJECT DESCRIPTION AND LOCATION: A 35-lot single-family residential subdivision on 6.7 acres of R-1 zoned property located on the southeast corner of South Orange and East Dwight Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. Noise from traffic on South Orange Avenue and East California Avenue, and operations of the San Joaquin Valley Railroad (SJVRR) have been identified as potential impacts and have been addressed in an acoustical analysis performed by Brown-Buntin Associates (BBA) dated April 2, 2004. Recommendations are provided to address impacts and are partly addressed in the site plan provided by the applicant. BBA indicates that a 12-foot sound wall along the south side of lots 4, 5, 12, and 13 and along the west side of lot 3 would reduce railroad noise exposure at the closest building setbacks on those lots to approximately 62 dB DNL, and a 9-foot wall at the same location would reduce noise exposure to approximately 65 dB DNL. The site plan provided by the applicant indicates that a 9-foot high wall is proposed at this location. The acoustical analysis does not address the potential impact of noise on the second floor of residences on the first row of lots facing East California Avenue and the SJVRR. The application packet does not indicate if two-story residences are proposed. PLEASE LIST SPECIFIC MITIGATION MEAUSRES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. 1221 Fulton Mall /P.O. Box 11867/Fresno. California 93775 /(559)445-3357/FAX(559)445-3379 Equal Employment Opportunity-Affirmatwe Action-Disabled Employer Donn Beedle T-5215 May 21, 2004 Page 2 of 4 • This Department recommends that a 12-foot high sound wall be constructed along the south side of lots 4, 5, 12, and 13 and along the west side of lot 3. • This Department recommends that only single-story residences be constructed on lots 4, 5, 12, 13, 14, 21, 22, 23, 30, 31, and 32. [ ] AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. [X] A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. [ ] NEITHER OF THE ABOVE, INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: Additional Comments: • Construction permits for the 35-lot residential subdivision should be subject to assurance of sewer capacity of the City of Fresno Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. • Construction permits for the 35-lot residential subdivision should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management (DDWEM). For more information call (559) 447-3300. • The Fresno County Department of Community Health is concerned that abandoned water wells are not being properly destroyed, particularly with respect to new development projects. As city boundaries expand, community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the city's community water supply. For this reason, when development occurs, it is extremely important to ensure the safe and proper destruction of all abandoned water wells. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from Donn Beedle T-5215 May 21, 2004 Page 3 of 4 the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Community Health is available to provide consultation in cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water Surveillance Program, at (559) 445-3357 for more information. • Appropriate measures should be incorporated into the project to minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufacturers' specifications, and that noise generating construction equipment be equipped with mufflers. In addition, consideration should be given to limiting noise- generating construction activities to daytime hours as specified in your municipal code. The following comments pertain to the demolition of the existing structures: • Should any of these structures have an active rodent or insect infestation, then the infestation should be abated prior to demolition of the structures in order to prevent the spread of vectors to adjacent properties. • In the process of demolishing the existing structures, the contractor may encounter asbestos containing construction materials and materials coated with lead based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. • If lead based paints are suspected to have been used in these structures, then the contractor hired to demolish the existing structures should contact the following agencies for possible new regulations regarding their removal: San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302 for more information. Donn Beedle • T-5215 May 21, 2004 Page 4 of 4 • Any construction materials deemed hazardous as identified in the demolition process must be characterized and disposed of in accordance with current federal, state, and local requirements. • Should any underground storage tank(s) be found on the premises, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Community Health, Environmental Health System. Contact the Certified Unified Program Agency at (559) 445-3271 for more information. REVIEWED BY: Kathleen Boyer, Environmental Health Specialist III 1112 (559) 445-3357 kb cc: Ed Yamamoto, Environmental Health System T-5215 Spradling File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager SHERMAN SPRADLING Planning & Development Department 4848 N. FIRST ST., STE. 107 City of Fresno FRESNO, CA 93726 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5215 PRELIMINARY FEE(S) (See below) DRAINAG AREA(S) " II2 " " - It DRAINAGE AREA " II2 " $0.00 DATE (o2�C DRAINAGE AREA - it - TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The-fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. j 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. 52)5 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. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees 0 in permit compliance, and complete an annual certification of compliance., b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5215 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document k FLOOD PLAIN POLICY Primary Flood Plains Because of the relatively high velocities and volumes of flood flow associated with primary flood plains, and because the primary flood plain is responsible for passing the greatest percentage.of the flood event,development located in such flood plains is subject to substantial risk,both to itself and to others as a result of the potential for blockage and diversion of flood waters. In view of these factors, the following policy statement is proposed: Policy 1) All proposed development activity shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development to the secondary flood plain and the primary flood plain; and, further, to identify the estimated high water elevation of the 100- year flood event. 2) All development and/or permanent improvement activity which, if located within the primary floodway, may unduly impede, retard, or change the direction of flow of water either,by itself, or by the catching or collecting of other debris or is placed where the flow of water would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted. Secondary Flood Plains Because development within secondary flood plains is subject to inundation,but without the threat of increased velocities of flood waters,and because the excessive development of the secondary flood plain can result in increased water surface elevations through displacement of flood waters, the following policy statement is suggested: Policy 1) Development in secondary flood plains is generally acceptable when a detailed hydrological flood hazard investigation report had been prepared indicating that the area proposed for development is located within a secondary as opposed to a primary flood plain. 2) The development must be properly flood proofed below the estimated high water elevation of the 100-year flood event. 3) The development is accomplished is such a way as to prohibit the displacement of any and all flood waters from that portion of the flood plain to be developed. engr\engrform\floodplain policy-form FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11977 The Fresno City Planning Commission, at its regular meeting on March 17, 2004, adopted the following resolution relating to Plan Amendment Application No. A-03-06. WHEREAS, Plan Amendment Application No. A-03-06 has been filed with the City of Fresno by Sherman Spradling on behalf of the Werfel Family Limited Partnership,to amend the Roosevelt Community Plan and the 2025 Fresno General Plan from the general heavy commercial land use designation to the medium density residential land use designation for a 5.15-acre site located on the northeast comer of South Orange and East California Avenues; and, WHEREAS, the above-referenced plan amendment is being proposed in order to facilitate the future construction of a single family residential development; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing to consider this application along with Rezone Application No. R-03-38 and the mitigated negative declaration environmental assessment prepared for this project in accordance with the policies of the Roosevelt Community Plan.and the 2025 Fresno General Plan; and, WHEREAS, the Planning Commission received a staff report recommending approval of the proposed land use change; and, WHEREAS, no one appeared to give public testimony with respect to the proposed plan amendment. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no substantial evidence in the record that the proposed projectwill have a significant effect on the environment and hereby recommends to the City Council that the mitigated negative declaration for Environmental Assessment No. A-03-06/R-03-38 dated February 18, 2004, be approved. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the medium density residential planned land use designation of the Roosevelt Community Plan and the 2025 Fresno General Plan be approved for the subject site in accordance with staff's recommendation and as displayed on the Exhibit"A"(Vicinity Map) attached hereto and included herein by reference. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brand, seconded by Commissioner Harrington. VOTING: Ayes - Brand, Harrington, Brown, Vang, White, DiBuduo Noes - None Not Voting - None Absent- Kissler DATED: March 17, 2004 NICK P YOVINO, Secretary Fresno ity Planning Commission Resolution No. 11977 Plan Amendment Application No. A-03-06 Filed by Sherman Spradling on behalf of the Werfel Family Limited Partnership Action: Recommend Approval AJAACommonWlaster Files-2003\—PLAN AMENOMENTSIA-03-06,R-03-038 Wertel- AAA-03-06 PCReso11977.wpd r FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11978 The Fresno City Planning Commission, at its regular meeting on March 17, 2004, adopted the following resolution relating to Rezone Application No. R-03-38. WHEREAS, Rezone Application No. R-03-38 has been filed with the City of Fresno to rezone the property as described below: Requested Zoning: R-1 (Single Family Residential) zone district Existing Zoning: M-1 (Light Manufacturing) and R-2 (Low Density Multiple Family Residential) Applicant: Werfel Family Limited Partnership Location: The northeast corner of South Orange and East California Avenues APN: 471-272-09 (5.15 acres) Legal Description: From M-1 and R-2 to R-1: City of Fresno: Lots 11, 12 and 13 of Dwight Park, according to the map thereof recorded in Book 8 Page 14 of Record of Surveys, Fresno County Records. EXCEPTING THEREFROM the west 10 feet as granted to the County of Fresno by deed recorded October 31, 1972, as Document No. 97225, in Book 6086 Page 580 of Official Records. WHEREAS, the above-referenced rezone is being proposed to facilitate the future construction of a single family residential development; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on March 17, 2004, to consider this application along with the related Plan Amendment Application No. A-03-06 and mitigated negative declaration environmental assessment to consider the project in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, the Planning Commission received the staff report and related information, environmental documents, and considered testimony regarding the requested zoning changes; and, WHEREAS, no one appeared to give public testimony with respect to the proposed rezone; and, WHEREAS, the Planning Commission, in Resolution No. 11977, recommended approval of the Plan Amendment Application No. A-03-06 prepared for this project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1 zone district be approved. s Planning Commission Resolution No. 11978 Rezone Application No. R-03-38 March 17, 2004 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brand, seconded by Commissioner Harrington. VOTING: Ayes - Brand, Harrington, Brown, Vang, White, DiBuduo Noes - None Not Voting - None Absent- Kissler DATED: March 17, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 11978 Rezone Application No. R-03-38 Filed by Dirk Poeschel/Ephesians Management Group on behalf of Joe and Dorsey Lee Action: Recommend Approval AJAACommonWaster Files-20031—PLAN AMENDMENTSIA43-08,R-03-OW Werfel-AM-03-M PCReso 11878.wpd R J RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE ROOSEVELT COMMUNITY PLAN AND THE 2025 FRESNO GENERAL PLAN (PLAN AMENDMENT APPLICATION NO. A-03-06) WHEREAS, on November 19,2002, by Resolution No. 2002-379,the City Council adopted the 2025 Fresno General Plan which correspondingly adopted the 2002 Roosevelt Community Plan and by Resolution No. 2002-378 certified Master Environmental Impact Report No. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; and, WHEREAS, Sherman Spradling on behalf of the Werfel Family Limited Partnership, filed Plan Amendment Application No. A-03-06 to amend the land use elements of the aforementioned plans to change the planned land use designation of an approximately 5.15 acre site, located on the northeast corner of South Orange and East California Avenues from the General Heavy Commercial land use designation to the medium density residential land use designation; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing of a mitigated negative declaration; and, WHEREAS, on March 17, 2004, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No.A-03-06 and the mitigated negative declaration prepared for Environmental Assessment No. A-03-06/R-03-38, dated February 18, 2004; and, WHEREAS, the Fresno City Planning Commission took action, as evidenced in Planning Commission Resolution No. 11977 to recommend approval of the mitigated negative declaration for Environment Assessment No. A-03-06/R-03-38; and, WHEREAS, the Fresno City Planning Commission also took action, as evidenced in Planning Commission Resolution No. 11977, to recommend approval of Plan Amendment Application No. A-03- 06 to amend the planned use for the subject site as described above and as displayed on the Exhibit"A" (Vicinity Map) attached hereto and included herein by reference; and, WHEREAS, on March 17, 2004, the Fresno City Council held a public hearing to consider Plan Amendment Application No. A-03-06 and received both oral testimony and written information regarding i Resolution No. Plan Amendment No. A-03-06 March 30, 2004 Page 2 the proposed plan amendment application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided as follows: 1. That Council finds that there is no substantial evidence in the record that Plan Amendment Application No. A-03-06 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated February 18, 2004. 2. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-03-06 amending the land use designation of the Roosevelt Community Plan and the 2025 Fresno General Plan from the general heavy commercial land use designation to the medium density residential land use designation as depicted on the Exhibit "A" (Vicinity Map), attached hereto and incorporated herein by reference. i i 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 Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2004, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA ONTOY City orney By Deputy Plan Amendment Application No. A-03-06 Filed by Sherman Spradling on behalf of the Werfel Family Limited Partnership Assessor's Parcel Nos. 471-272-09 JAA-03-006,R-03-038 Werfel-Spradling-AJW-03-06-R-03-38-CCReso.wpd i San Joaquin Valley Air Pollution Control District May 24, 2004 Reference No. 322DEV2004 Donn Beedle Planning and Dev. Dept. 2600 Fresno St., 3`d Floor Fresno, CA 93721-3604 MAY 2 6 2004 Planning Division Subject: T-5215 (APN 471-272-04, 05, 09) Development Department CITY OF FRESNO Dear Mr. Beedle: The San Joaquin Valley Unified Air Pollution Control District (District) has previously commented on this project (District Reference Number 331 DEV2003, Sent July 1, 2003, for City of Fresno Project A-03-006, R-03-038). The District offers the following comments in addition to previous comments. The City of Fresno and the applicant should be aware that District rules and regulations are periodically revised. This project will be subject to the rule version current at the time of development. The following rules have been updated, or are currently undergoing revision: District Rules 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and District Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. District Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A construction assistance bulletin has been enclosed for the applicant. Please be advised that the District is currently amending Regulation VIII and anticipates implementing revised requirements on or about October 1, 2004. If construction were to commence on or after October 1, 2004 the applicant should contact the District to determine where requirements may have changed and how rule changes may affect the project. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the extent possible.) The measures listed Mr. Beedle May 24,2004 T-5215 Page 2 below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. See http://www.coolcommunities.org http://www.lqc.org/bookstore/energy/downloads/s4v-tree guidelines.pdf http://www.urbantree.org • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Increased wall and ceiling insulation (beyond building code requirements) - Energy efficient widows (double pane and/or coated) - High-albedo (reflecting) roofing material. See httr):Heetd.Ib1.gov/coolroof/ - Radiant heat barrier. See http://www.eere.eneray.gov/consumerinfo/refbriefs/bc7.html - Cool Paving. See http://www.harc.edu/harc/Proiects/CoolHouston/ - Energy efficient lighting and appliances. See.http://www.enerqvstar.-Clov/ - Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters) - Energy efficient heating/cooling systems (such as radiant heating system) - Install solar water-heating system(s) - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch/Patio overhangs - Ceiling fans, whole house fans - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Orient the unit(s) to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. See http://www.eere.energy.00v/RE/solar passive.html - Install photovoltaic cells on roof(s) or other appropriate surfaces - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of traditional open-hearth fireplaces) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) More information can be found at: http://www.lgc.org, http://w ww.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.htmi http://www.ciwmb.ca.gov/GreenBuilding/ • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Require construction equipment used at the site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. f Mr. Beedle May 24,2004 T-5215 Page 3 - Use alternative fuel construction equipment. - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). - Install wind breaks on windward sides of construction areas. - Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. - Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to further discuss this project. If you have any questions or require further information, please call me at 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at 230-5820 and provide the reference number at the top of this letter. Sincerely, a �/ Chrystal Meier CEQA Commenter Central Region Enclosure c:file r. San Joaquin Valley . Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites . Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that generate fugitive dust. Fugitive dust is emitted to the air from open ground or caused by activities such as excavation, transporting bulk materials, or travel on unpaved surfaces. "PM10" is a term applied to small sized particulate matter- microscopic. dust particles - in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002. The following dust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VIDE opacity of 20% means the amount of dust that would obstruct the view of an object by 20%. Soil stabilization. Soil stabilization is required at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and test methods are in Rule 8011 — General Requirements. Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and Trackout. Carryout and trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The recommended clean- up methods include manually sweeping, sufficiently wetting the area prior to mechanical sweeping to limit VIDE or using a PM10-efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700"M"Street,Suite 275 Modesto, CA 95356-9321 Fresno,CA 93726-0244 Bakersfield, CA 93301-2370 (209) 557-6400 ♦ FAX (209) 557-6475 (559) 230-6000 ♦ FAX(559) 230-6062 (661) 326-6900 ♦ FAX (661) 326-6985 !� 567 W. Shaw Ave., Ste. B Fresno, CA 93704 BSI( (559) 497-2880 y FAX (559) 497-2886 VIA FACSIMILE & U.S. MAIL (559) 225-1780 - Pages September 29, 2004 BSK E03.224.04F Mr. Sherman Spradling Spradling Construction 4848 North First, Suite 107 Fresno, California 93726-0526 SEP 3 0 2004 SUBJECT: Soil Sample Collection and Analysis Planning Division �i Vacant Residential Property DevP-lopment DeDarrrnentCITl(OF Fr 11' ; Near Northeast Corner of South Orange and East California Avenue, Fresno, California Dear Mr. Spradling: Per your request, three soil samples were collected from the vacant residential property on East California Avenue(Site)on September 3,2004(Figure 1). The purpose of the soil sampling was to evaluate the possible presence of Poly-Chlorinated-Biphenyls(PCBs)in shallow soils that may have been introduced from dust originating from the PG&E facility located to the south and southwest of the Site. Sample Collection and Analysis Soil samples were collected from three locations on the southern portion of the Site. Two discrete near surface soil samples were collected at each location. One of the discrete samples from each location was combined to form a single composite sample,and other discrete sample was held at the laboratory for further analysis, if required. The sample locations are shown on Figure 1. No visual or odorous indication of impacted soil was observed in the samples.The samples were labeled and delivered to BSK Analytical Laboratories in Fresno on the day of collection. The samples were analyzed for PCBs by EPA Method 8081/8082 and for Hydrocarbon Oil and Grease by EPA Methods 418.1 and 503E. ANALYTICAL RESULTS PCBs were not detected in the composite sample. The Hydrocarbon Oil&Grease concentration was reported as 810 mg/Kg. Copies of the laboratory analytical reports are attached. I 3:\40\03\E03.224.04F Spradling Soil\SAMPLING RESULTS.doc A California Corporation Geotechnical Engineering • Engineering Geology • Environmental Services • Construction Inspection &Testino - Analytical Testino 71 Mr. Sherman Spradling BSK E03.224.01F ^`✓ September 29, 2004 Page 2 The source of the Hydrocarbon Oil&Grease concentration in the composite sample may have been the S-2 sample. The S-2 sample was collected about 15 feet from the garage of the residence,where a variety of items, including vehicle parts and drums, are stored. At this time, California does not have a cleanup level established for Oil&Grease. The State Water Resources Control Board(SWRCB)issued the Leaking Underground Fuel Tank(LUFT)manual in 1989 to determine soil cleanup levels that are protective of water quality. The LUFT manual Table 2-1 is often referred to as a "look up" table for soil cleanup levels. Based on this Table, the maximum allowable Total Petroleum Hydrocarbon (TPH) that could be left in place without threatening groundwater is 1000 mg/Kg. The values from this table are usually considered conservative, and other tables within the document allow for higher levels based on site specific information. It is also important to note that petroleum hydrocarbons naturally biodegrade over time. A cursory review of the California Regional Water Quality Control Board, San Francisco Bay Region(RWQCB)website indicates that sites have been closed with a cleanup level of 5,700 mg/Kg for Oil and Grease. Other regulatory agencies take a "health-risk" based approach to soil cleanup levels. Again, California has not established a health risk level for Oil&Grease. A review of the US EPA Region IX Preliminary Remedial Goals (PRGs) indicates that the PRG has not been established for Oil & Grease. Please call (559) 497-2880, if you have questions regarding this report. Sincerely, BSK ASSOCIATES Ste aE.I.T. Amer A. Hussain P.E. Stephen S Bahr, E , Staff Project Engineer Regional Manager SSB/AAH/mlt Attachments: Figure 1 — Soil Sample Locations Laboratory Analytical Reports cc: Mr. Sherman Spradling (3 originals) BSK(1 original) ©BSK ASSOCIATES. All rights reserved. Reproduction of any part of this document without the written permission of BSK is prohibited. J:\40\03\E03.224.04F Spradling Soil\SAMPLING RESULTS.doc BSI