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Home My WebLink AboutT-5224 - Conditions of Approval - 6/3/2005 REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. -�' E, COMMISSION MEETING April 21, 2004 APPROVED BY FROM: STAFF, Planning Division a Planning and Development Department DEPARTMENT DIRECV- 5224//UGM SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP N AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5224 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5224/UGM, filed by Land Dynamics, pertains to approximately 75 acres of property located on the north side of West Barstow Avenue, between North and Freeway 99. Vesting Tentative Tract Map No. 5224/UGM proposes to subdivide a 51Brn Aacre uporttiionnmenof the site, which is zoned R-1/UGM(Single Family Residential/Urban Growth Management)into 187 lots and two outlots for the development of a single family residential subdivision (approximately 3.7 dwelling units per acre). There will also be a 20-acre remainder portion, which is zoned R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management), that is not proposed for development at this time. The applications will bring the use for the property into conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT A 187-lot single-family residential subdivision on approximately 75 acres(gross)of property to be developed at an overall density of 3.7 units per acre APPLICANT Land Dynamics (Engineer: R. W. Greenwood Associates) LOCATION North side of West Barstow Avenue, between North Bryan Avenue and Freeway 99 (Council District 2, Councilmember Calhoun) SITE SIZE 75.6 acres LAND USE Existing -Vacant Proposed - Single Family Residential ZONING R-1/UGM(Single Family ResidentiaUUrban Growth Management)and R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed project and the existing zone districts are consistent AND CONSISTENCY with the medium low and medium high density residential planned land uses of the 2025 Fresno General Plan and West Area Community Plan ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on April 1, 2004. PLAN COMMITTEE The West Area Citizens Advisory Committee took action at their RECOMMENDATION meeting on February 23, 2004 to unanimously recommend approval of the tentative tract map application. STAFF RECOMMENDATION Approve Vesting Tentative Tract Map No. 5224/UGM subject to compliance with the Conditions of Approval for T-5224/UGM dated April 21, 2004. a r � ; i REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5224/UGM April 21, 2004 Page 2 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Regional Commercial C-3/UGM Vacant Regional Commercial Urban Growth Management South Medium Density Residential R-1/UGM Single Family Single Family Residential/ Residences Urban Growth Management East State Highway N/A Freeway 99 West Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/ Urban Growth Management R-R (County) Rural Residences Rural Residential ENVIRONMENTAL FINDING The.initial study prepared for Environmental Assessment No.T-5224 considered potential environmental impacts associated with the tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on April 1, 2004. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ANALYSIS The applicant, Land Dynamics, has filed Vesting Tentative Tract Map No. 5224/UGM which pertains to approximately 75 acres of property located on the north side of West Barstow Avenue, between North Bryan Avenue (alignment) and Freeway 99. Vesting Tentative Tract Map No. 5224/UGM is proposing to subdivide the subject property into 187-lot single family residential subdivision, as well as two outlots and a 20-acre remainder parcel, at a density of 3.7 dwelling units per acre. The remainder parcel is currently planned for medium high density residential land uses and zoned R-2; no development is being planned for this parcel at this time. On November 19,2002,the City Council,through Resolution No.2002-379,adopted the 2025 Fresno General Plan and the West Area Community Plan. The newly adopted Community Plan designates the subject property for medium low density residential land use. The applicant wishes to pursue development of the subject property with 187 single family homes. The requested R-1/UGM zone district conforms to this medium low density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix". Surrounding land uses are characterized by vacant, rural residential and single family residential to the north,south, west and east. Access to the subject site will be from North Bryan and West Barstow Avenues, which are designated as collector street and Veterans Boulevard, which is designated as a superaterial street. The traffic generated by this project can be accommodated by the planned circulation system with street improvements + Y REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5224/UGM April 21, 2004 Page 3 completed by the project as required by development standards, Urban Growth Management (UGM) Service Delivery policies and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Bryan and West Barstow Avenues. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 187 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and West Area Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Bryan (alignment) and West Barstow Avenues as collector streets and Veterans Boulevard (alignment) as a superarterial street. The city's Public Works development standards provide for superarterials to be developed with two to three lanes of travel in each direction separated by a median island. Superarterials also have limited access. Collectors with four lanes of travel (two in each direction), typically do have concrete median islands but may have single or dual left turn lanes at intersections. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The applicant will be required to dedicate and construct improvements, or provide security for the future improvements,for Veterans Boulevard, North Bryan and West Barstow Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system;and relinquishment of access rights to North Bryan and West Barstow Avenues and Veterans Boulevard for all residential lots adjacent to these street frontages. Public Works Department, Transportation Planning Section staff has required the redesign of the intersection of North Bryan and West Barstow Avenues with the planned Veterans Boulevard alignment as a condition of approval for this tract map consistent with applicable street design standards. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5224/UGM Conditions of Approval dated April 21, 2004. The environmental assessment which was prepared for the project included the predicted number of peak hour vehicle trips that will be generated from the proposed project. Development of 187 single family residential dwelling units can be expected to generate an average of approximately 1,790 vehicle trips per day(VTD). Of these vehicle trips it is projected that 140 will occur during the morning (7 to 9 a.m.) peak hour travel period and 187 will occur during the evening(4 to 6 p.m.)peak hour travel period. A modest proportion of these projected trips are expected to access the Freeway 99 interchanges at Shaw and Herndon Avenues during the morning and evening peak periods. It is expected that when the Freeway 99 interchange with Veterans Boulevard is constructed, there will be a substantial portion of the peak hour trips directed to that interchange. Because some of the immediately surrounding area(primarily to the west and south)is not developed,the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan,will be required to pay impact fees specific to the traffic signalization of the major street intersections. The. California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods (7:00 am to 9:00 am and 4:00 pm to 6:00 pm)which will impact f REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5224/UGM April 21, 2004 Page 4 the State Route (SR) 99 interchange at Shaw and Herndon Avenues. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost,a reliable estimate of funding sources,a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate,reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements(Mitigation Fee Act-AB 1600)which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact)required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities.of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision is proposed to have three access points to North Bryan Avenue and two access points to West Barstow Avenue. The Public Works Department, Transportation Planning Section has reviewed the tentative tract map application. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Veterans Boulevard, Bryan Avenue and Barstow Avenue to their ultimate planned width. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5224/UGM April 21, 2004 Page 5 Noise Impacts Given that the proposed subdivision abuts an existing state freeway and a planned superarterial, an acoustical analysis was performed for the site. The acoustical analysis,dated November 26,2003, used the Federal Highway Administration(FHWA)Traffic Noise Prediction Model(TNM V.2.1)in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is expected to be as high as 70 dB DNL along the eastern portion of the proposed tract. The study concludes that the construction of an eight to twelve-foot high solid wall, or approved combination of wall and berm, along the boundary of the tract (as specified in the acoustical analysis,dated November 26,2003), is required to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 60 dB at the first floor height. Indoor noise standards will be met with the construction of the sound walls and through building code requirements Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of the lots in the subdivision exceed the minimum lot size requirement. In addition, all lots meet or exceed the minimum lot width (60 feet) and depth (100 feet)as required by the R-1 zone district. 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 West Area Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. 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 the Finding Nos. 2-5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan designates the site for medium low density residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish,wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5224/UGM April 21, 2004 Page 6 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision,because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5224/UGM dated February 27, 2003, and the Conditions of Approval for T-5224/UGM dated April 21, 2004. Action by the Planning Commission regarding the proposed tentative tract map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. APPROVE the finding of Mitigated Negative Declaration for Environmental Assessment No. T-5224 dated April 1, 2004. 2. APPROVE Vesting Tentative Tract Map No.5224/UGM subject to compliance with the Conditions of Approval dated April 21, 2004. KAMaster Files-Tract Maps\Tract 5224 Shelby Chamberlain\T-5224-RPC.wpd Attachments: Exhibit"A" (Vicinity Map) Vesting Tentative Tract Map No. 5224/UGM dated February 27, 2004 Conditions of Approval for T-5224 dated April 21, 2004, including letters from Parks Department (03/18/04), Fresno Metropolitan Flood Control District (03/25/04) and San Joaquin Valley Air Pollution Control District (03/15/04) Letter from Caltrans dated March 17, 2004 Environmental Assessment No. T-5224 (finding of a Mitigated Negative Declaration), issued on April 1, 2004 g • EXHIBIT A , �i 4 �. M- G M. e ' i C-M/BA-15/UGM/= r M-1q , i / 4 i r i i 1 � I M- � 1 _ JA ( d N Mho w, i wl0l16 re J IAE-5/UGM a s N w a+N .$,c >. C-R UGM/cz � w � r r �1 r \ 7y as Y "n • r� � " r � AE-5/UGM* C-M/UGM/cz ell C-M/UGWCZ \ V[CINITY IVIAIP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. T-5224 N DEPARTMENT To subdivide 71 acres in 187 lots,2 outiots and 1 remainderW \f 1 E A.P.N.: -i S/ r ZONE MAP: 1844 Northeast corner N. Bryan and W. Barstow Aves. s NOT TO SCALE BY/DATE: • E. •t � zs ..s �I . ■ 7a /. ,s j,,� "ii'' f' I*� N N Q'i. � g• te� �jS}�. 040, 0 o N11 pill U bill, all - 15 j`,.t,�P� 2;,/•,�y ,i` .,�I 4aa 2.F-- U is ;�d q.¢S 3W tall Qql I t w•. r Orx �. 7 o ------ _______-._.pY_ .lTv \ 1 •I ! J Eg E Z 9 g -,�------ --��1'R .'fit--- ---- " - ,---°.. __` ••- - - - � � �--`r-_ tl�ar r� y�4 !.y �� a � lP�� 9 �r p� f IN-1 • `Y � " 9431 i•. sE"Y.le J t A 4Eit ' AeI all Ifail Ail Ae r � Q Y• FIN" Lx F qEI �E ;�! xi� 1� vE :E a x —�E+a a a A NJ � 1� _ F �� Cy s� R= s � � y �- < 1•,r �I�, ,—;�6 Z 8i a' o � � `+,>,'�. ."�: •. M., �/ A r,: 3E � .F y 9� _aF it ^� �5�e e at +j` r"�� YY �� , yl, �� x.� / I.�{ � ," •J FF7pp e '8111 ��_! '�" :��.rg r'.,. N > !`�_� 'I' � •.S: � I a. NY,{d'8 /i[bf3N " IN M/J IlbM15]a'Aeptl 111 � . �I� i CITY OF FRESNO FF PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL April 21, 2004 :VESTING TENTATIVE TRACT MAP NO. 5224/UGM North side of West Barstow Avenue, en North Bryan Avenue (alignment) and Freeway 99 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 1. Upon conditional approval of Vesting Tentative Tract Map No. 5224/UGM entitled "Exhibit A," dated February 27, 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. • Y • CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 2 April 21, 2004 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 access rights to North Bryan, West Barstow and Veterans Boulevard (formerly known as the Grantland diagonal alignment) from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. LANDSCAPING AND WALLS 10. Pursuant to 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-h, E-1 5-i and E-1 5-x and in accordance with Policies 3.2.1 and 3.2.2 and 3.2.3 of the 1990 Master Multi-Purpose Trails Manual, within the limits of the tract, the developer/owner shall construct appropriate improvements or provide appropriate securityfora bicycle/pedestrian trail of an appropriate width along the westerly side of Veterans Boulevard. The location and width of the trail may be accommodated within and including the required public right- of-way and landscape easement located between the curb face and the required solid masonry wall along the easterly side of Veterans Boulevard. 11. Provide a 15-foot landscaped easement (and irrigation system) along the side or rear property lines of lots which side-onto or back-onto North Bryan and West Barstow Avenues. Provide a 20-foot landscaped easement (and irrigation system) along the side or rear property lines for all lots which side-onto or back-onto Veterans Boulevard (westerly side only). J t CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 3 April 21, 2004 When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 12. Maintenance of the required landscape easements along Veterans Boulevard,North Bryan Avenue and West Barstow 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. 13. 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 a petition consisting of the following items: • A letter(petition)from the landowner or the owner's representative requesting the Final Tract be placed into the District. The name, address, phone number and fax number of the developer/landowner must be included in the letter. See attached letter form. • A District Tentative Plan for the entire tentative map, signed by the landowner/ developer,showing landscaping locations and total areas by type to be added to the District. The plan will also show locations, areas by type, and quantities of any other features to be added to the District. • Complete plans for the current final tract map showing all features to be added to the District. 14. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review two (2) 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 owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 15. 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. 16. Construct an 8-12 foot high solid masonry wall, or approved combination of wall and berm, along the boundary of the tract in accordance with the acoustical analysis,dated November 26, 2003, prepared by Brown-Buntin Associates, Inc. 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. A six foot high solid masonry wall shall be constructed along the rear of the landscape easement along Bryan Avenue and on the north property line of the subject site, between North Bryan and Veterans Boulevard. s � • CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 4 April 21, 2004 BUILDING SETBACKS 17. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit "A" of Tentative Tract No. 5224/UGM dated February 27, 2004. INFORMATION 18. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 19. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 20. 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. 21. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 22. 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 Califomia 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. 23. 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 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 5 April 21, 2004 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. 24. 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. 25. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager. PARK SERVICE 26. The developer/owner shall complywith the requirements in the attached memorandum from the Parks Division dated March 18, 2004, for Vesting Tentative Tract No. 5224/UGM. Urban Growth Management Requirements 27. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 28. Fire service will be provided by City of Fresno Fire Station No. 16. Provide residential fire hydrants and fire flows (minimum of 1500 gpm) per Public Works Standards with two sources of water. 29. There shall be at least two points of access to the subdivision during construction. . CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 6 April 21, 2004 30. The proposed tract is located over 3 miles from permanent Fire Station 16. Fire sprinklers are required in every home in the tract. A covenant agreement is required to be submitted for each lot with fire sprinklers. 31. Access is not acceptable as shown; a second point of access is required because the length of Bryan Avenue exceeds 450 feet from Veterans Boulevard. Urban Growth Management Requirements 32. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 33. 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. 34. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 35. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 36. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 37. 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. 38. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 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. Handicap access ramps are required at all corners within the limits of this tract. 41. All required signing and striping shall be done and paid for by the developer/owner. The CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 7 April 21, 2004 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. Frontage Improvement Requirements: Major Streets: Veteran's Boulevard/Bryan/Barstow Intersection: 42. Redesign intersection to provide a maximum angle of 15 degrees from perpendicular. Provide a tangent of a minimum of 120'from the intersection(both directions), use R=500' min, L=500' min, Stopping Site Distance= 280', based on 40 MPH design speed for both Bryan and Barstow Avenues. Along the north side of North Bryan between Veteran's Boulevard to a point 300feet north, trees shall not be planted closer than 20' from face of curb, due to sight distance requirements. West Barstow Avenue: Collector 43. Dedicate 47-57'of property,from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector to Super Arterial Standards. 44. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 45. Construct twenty (20) feet of permanent paving within the limits of this subdivision. 46. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 47. Relinquish direct vehicular access rights to West Barstow Avenue from all lots within this subdivision. 48. Construct an eighty (80) foot bus bay curb and gutter with 10' monolithic sidewalk at the southeast corner of Barstow Avenue and North Veteran's Boulevard to Public Works Standard Drawing P-73. North Brvan Avenue: Collector 49. Dedicate 35'-47'of property, from center line, for public street purposes within the limits of this sub-division. See Exhibit"B". 50. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 51. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 52. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 8 April 21, 2004 53. Relinquish direct vehicular access rights to North Bryan Avenue from all lots within this subdivision. 54. Construct an eighty (80) foot bus bay curb and gutter with 10' monolithic sidewalk at the northwest corner of Bryan Avenue and North Veteran's Boulevard to Public Works Standard Drawing P-73. North Veteran's Boulevard- Suoer Arterial w/dual left turns 55. Dedicate 67'-69'(each side)of property, from center line, for public street purposes, within the limits of this subdivision, to meet the current City of Fresno Super Arterial Standards. See Exhibit"B". 56. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk shall be constructed to a ten (10) foot residential pattern. 57. Construct twenty(20)feet of permanent paving within the limits of this tract and transition paving as shown on Exhibit"B". Pay a cash-in-lieu fee in the amount of$1,270,300.00 for the frontage improvements along Veteran's Boulevard north of the intersection with Bryan and Barstow. 58. Construct an eighty (80) foot bus bay curb and gutter with 10' monolithic sidewalk at the southwest corner of North Veteran's Boulevard and Barstow Avenue to Public Works Standard Drawing P-73. 59. 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-7 for Arterial Streets. 60. Relinquish direct vehicular access rights to North Veteran's Boulevard from all lots within this subdivision. 61. Provide a profile for the North Veteran's Boulevard grade separation, complete with side slopes prior to construction of any lots adjacent to Veteran's Boulevard north of the intersection of Bryan and Barstow Avenues. Interior Streets: 62. Design and construct all 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 shall comply with Public Works Standards for fifty-six (56) foot streets. 63. Any dead-end streets created bythis subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Conditions Requirements: 64. This tract will generate 141 a.m. / 189 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study shall be CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 9 April 21, 2004 prepared and submitted to Traffic Planning prior to a TIS"scope"meeting being set. In lieu of a Traffic Impact Study the developer has the option of voluntarily paying an additional Intersection and Traffic Signal Mitigation Fee in accordance with the attached application. Contact the Planning and Development Department for additional information on this option. 65. Relinquish direct vehicular access rights to a. the east property line of lots 16 and 44. 65. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this subdivision. 66. North Contessa and Dovewood Avenues: Construct the concrete sidewalk on the west side only between Barstow and Ensenada Avenues. 67. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 68. Vacate portions of Barstow and Bryan Avenues as shown in Exhibit "B". 69. Relocate all existing and/or proposed utilities from the vacated portions of Barstow and Bullard Avenues to the new alignments shown in Exhibit"B". UGM Requirements• 70. This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. West Barstow Avenue: Collector 71. Dedicate and construct the two center travel lanes within the limits of this subdivision. 72. Construct a 250' long by 4'wide concrete median island at the intersection with Veteran's Boulevard. See Exhibit "B". North Brvan Avenue: Collector 73. Dedicate and,construct two center section travel lanes within the limits of this subdivision. 74. Construct a 250' long by 4'wide concrete median island at the intersection with Veteran's Boulevard. See Exhibit "B". North Veteran's Boulevard: Super Arterial 75. Construct two(2) 17'center section travel lanes from the Barstow/Bryan intersection south to the southerly limits of this subdivision. See Exhibit"B". Dedication shall be sufficient to accommodate additional paving and any other grading or transitions, as necessary, based on a 55 MPH design speed. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 10 April 21, 2004 76. Install 4 signal poles with 200-watt safety lights to Public Works Standards at all corners of North Veteran's Boulevard and West Barstow Avenue/ Bryan Avenue. SANITARY SEWER SERVICE The nearest existing sewer main capable of serving the project is a 60-inch trunk main located in North Grantland Avenue. Flow contribution to any sewer system south of West Barstow Avenue will be prohibited. The following conditions are required to provide sanitary sewer service to the tract. 77. Construct a 12-inch and 8-inch sewer main in West Barstow Avenue from North Cresta Avenue to the North Grantland Avenue trunk main flowing westerly. 78. Construct an 8-inch sewer main in North Bryan Avenue from West Barstow Avenue north across the project frontage. 79. Dedicate a public utility easement for the sanitary sewer main to be located within the West Barstow Avenue alignment. 80. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 81. Separate sewer house branch shall be provided to each lot created within the subdivision. 82. A preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for city approval. 83. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 84. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Urban Growth Management Requirements 85. Sewer connection charges are due and shall be paid for the project. WATER SERVICE There are existing 14-inch water mains located in North Bryan and West Barstow Avenues. The following conditions are required to provide water service to the tract. 86. Reconstruct the 14-inch transmission grid water mains in North Bryan and West Barstow Avenues to exist within the proposed North Bryan and West Barstow Avenue alignments. 87. Construct a 14-inch transmission grid water main in the proposed Veterans Boulevard alignment from the intersection of West Barstow and North Bryan Avenues, south across the project frontage. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 11 April 21, 2004 88. Separate water service with meter boxes shall be provided to each lot created. 89. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract and each phase 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. 90. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 91. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 92. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. Urban Growth Management Requirements 93. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 94. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements)in accordance with the requirements of State Law as related to vesting tentative tract maps. 95. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Solid Waste Division 96. The owners, lessees or other tenants of the residential shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses on service days before 6:00 a.m., in accordance with the City of Fresno's Solid Waste Management Division Standards. 97. Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C-10, no solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. 98. There shall be no parking allowed in the street of 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. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 12 April 21, 2004 99. Lots 164, 165, 166, 170, 171, 180, 181 and 182 shall be clear of all vehicles before 6:00 a.m. on the solid waste service day. Right-of-Way Acguisition 100. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 101. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 102. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated March 25, 2004. 103. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7)days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. 'CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 13 April 21, 2004 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 104. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated March 15, 2004, for Vesting Tentative Map No. 5224/UGM. FRESNO IRRIGATION DISTRICT 105. Fresno Irrigation District(FID) Epstein No. 48 pipeline traverses the subject property in an exclusive easement recorded on November 6, 1990, a Document No. 90136700, Official Records of Fresno County. FID requests the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 106. The applicant is required to submit to FID 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. 107. The Fresno Irrigation District shall be made a party to signing all plans that affect its canal/pipeline and easement. DEVELOPMENT FEES AND CHARGES 108. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/1-lour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of March 1, 2003 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. ft. (to 100' depth) • CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 14 April 21, 2004 j. Trunk Sewer Charge $419/living unit Service Area: Grantland k. Wastewater Facilities Charge $2,119/living unit I. House Branch Sewer Charge n/a M. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. o. Frontage Charge $6.50/lineal foot p. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $354/living unit Service Area: 201-S s. Well Head Treatment Fee $0/living unit Service Area: 201 t. Recharge Fee $0/living unit Service Area: 201 u. 1994 Bond Debt Service $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE v. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $807/gross acre (R-1) Service Area: 17 $3036/gross acre (R-2) x. UGM Park Fee $1230/gross acre (R-1) Service Area: 4 $2460/gross acre (R-2) y. Major Street Charge $2435/adj. acre Service Area: E-4 •' • ' CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5224/UGM Page 15 April 21, 2004 z. Major Street Bridge Charge $135/adj. acre Service Area: E-4 aa. Traffic Signal Charge $860/adj. acre bb. UGM Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge n/a KAMaster Files-Tract Maps\Tract 5224 Shelby Chamberlain\T-5224-C0A.wpd March 18,2004 1 T- 5224 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis, Supervising Planner Development Department FROM: PETE ROCCO,Parks Supervisor H(621-2925) DATE: March 18,2004 Subject: Tentative Subdivision Map T-5224 Location:North side of corner of West Barstow Avenue between Highway 99 and North Bryan Avenue. The Parks Department has reviewed the Vesting Tentative Subdivision Map drawn by R.W. Greenwood Associates, Inc.. Parks offers the following comments regarding the street tree, and buffer/parkway strip conditions . . . 1. STREET TREE REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60' of street frontage, or one tree per lot, whichever is greater. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. B. The street tree species are designated for the following rights of way: W. Browning Ave. Ginkgo biloba`Autumn Gold'or`Fairmont' (Maiden Hair) W..Dovewood Lane Pistacia chinensis(Chinese Pistache) W. Wrenwood Lane Nyssa sylvatica(Black Tupelo) W. Robinwwod Lane Celtis australis(European Hackberry) ,W. Portals Ave. Sophora japonica(Japanese Pagoda Tree) W. Barstow Ave. Quercus lobata(Valley Oak) N. Bryan Ave. Brachychiton poluneum'(Bottle Tree) N. Massera Ave. Koelreuteria paniculata (Goldenrain Tree) N. Cresta Ave. Quercus agrifolia(Interior Live Oak) N. Ensanada Ave. Podcarpus gracillior`(Fern Pine) N. Olinda Ave. Celtis 'austrailis' ( European Hackberry) N.Veterans Blvd. Quercus rubra(Red Oak) N. Contessa Ave. Sapium sebiferum(Chinese Tallow) C. Street tree requirements: a. Street tree inspection fees shall be collected for each 60'of public, or one tree per lot, whichever is greater. b. Trees shall be planted in accordance with "Specifications for Developer Street Tree Planting." The developer shall contact Parks to determine tree species required on each street. c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall March 18,2004 T- 5224 2 be reviewed and approved by the Parks, Recreation and Community Services Department. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with Parks Division's planting specifications and meets the specifications of the city. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. 2. BUFFER LANDSCAPING & MAINTENACE REQUIREMENTS A. The developer is required to provide landscaping and long term provision of maintenance for the landscape easements and rights of way on East Church and South Peach Avenues and, the landscape on the outlot `C' Trail B. Buffer Maintenance Through Annexation to the Community Facilities District Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval of the final map. Plans shall be numbered to conform to and included in the Public Work's Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing into the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or 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 l'of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. As an alternative to the CFD2, the subdivider may form a Home Owners Association for the long term provision of maintenance of the landscape buffers and rights-of-way. Parks,Recreation and Community Services Department T-5224 March 1'u02004 Page 3 3. UGM REQUIREMENTS The project is in UGM Zone#4. Please assure that all Parks UGM fees are collected as allowed by FMC. The nearest regional park to the site is Roeding Park, or Woodward Park. The nearest neighborhood park is Koligian Park located at West Alluvial and North Dante Avenues. This project is consisted with the Parks Master Plan. 4. FEES As a reminder, please verify that the following administrative/plan check fees are collected: 1. Collect the street tree landscape review fee of$56.00(Acct#34599 Fund#10101 Org#17050) 2. Collect of the 15-gallon Street Tree Inspection fee for tree plantings by private party at the rate in effect in the Master Fee Schedule at the time payment is due(current rate is$30.00 per tree Acct#34859,Fund#24001,Org #179900). 3. Collect the CFD Plan Review fee of$176.00(FY2002 rates)(Acct#34599 Fund#10101 Org#17050) 4. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct.(Acct#34599 Fund#10101 Org#17050) Should the project be phased, separate plan check and inspection fees shall be collected for each phase. A re-inspection fee of$29.00/hour shall be charged when the landscape(and all associated work, including irrigation)fails to pass inspection and requires a re-inspection by city staff. e File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager LAND DYNAMICS Planning & Development Department 2109 W. BULLARD City of Fresno FRESNO,C A 93711 2600 Fresno Street _ Fresno, CA 93721 MAP NO.- 5224 ►► ►► _ ►► PRELIMINARY FEE(S) (See below) DRAINAGE A( ) EM DRAINAGE AREA " EM ►► $287,599.00 DATE 25 DRAINAGE AREA ►► _ ►► _ TOTAL FEE $287,599.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm O 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. Considerations which may affect the fee obligations) 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. 5224 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1 a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 144-2,- C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development of necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5224 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. M4 State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification.of compliance. ■ b• State General Permit for Storm Water Discharges Associated with Industrial Activities, 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. 5224 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document s FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakem'E ProjectEngineer: Mark Will District Engineer, Assistant General Manager C: R.W. GREENWOOD ASSOCIATES 2558 E. OLIVE FRESNO, CA 93701 5224 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document � 1 , NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. W \ / Q \ 1" " 9.9 SCALE 1"=500' 24" I "EM„ --- BARSTOW AVE: LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY -- - EXISTING MASTER PLAN FACILITIES TRACT 5224 EXHIBIT N0. 1 DRAINAGE AREA: "EM" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT J:\ENGINEERING\AUTOCAD\DWGS\OEXHIBIT\TRACTS\5224.DWC TAYLOR 0.749.04 Rev.O�•l�44 OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5224 engr\permit\exhibit2\tracts\tract 5224(mw) San Joaquin Valley Air Pollution Control District March 15, 2004 Reference No. 127DEV2004 Shelby Chamberlain Planning and Development Dept. 2600 Fresno St., Third Floor Fresno Ca 93721 Subject: T-5224—6230 W. Barstow Avenue Dear Ms. Chamberlain: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley is classified non-attainment for ozone and fine particulate matter (PM10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project may generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study to determine impacts when projects are of this size, unless an analysis has been accomplished for a recent previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed in a previous study. The District recommends using the URBEMIS 2002 program to calculate project area source and mobile source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS 2002 should be directed to Thomas Jordan at(559) 230-5802. In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this Ms. Chamberlain March 15, 2004 T-5224 Page 2 office at 230-5973, or contact CAL-OSHA at 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at hftr)://www.vallevair.ora/rules/1 ruleslist htm. 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 II 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 (Rules 8011-80811)- Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin if the project cumulatively encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. District Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. District Rule 4102 (Nuisance) applies to any source operation which emits or may emit air contaminants or other materials. In the event that the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). Paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. This project may be subject to additional District Rules not enumerated above. To identify additional rules or regulations that apply to this project, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at 230-5888 as soon as the project developer has determined the scope of the project. There are a number of possible mitigation measures that should be incorporated into the design of this project to reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible). This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. Ms. Chamberlain T-5224 March 15, 2004 Page 3 • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. See http://www.coolcommunities oro WE www.lqc.org/booktore/energ fdownloads/3iv tree Quidelmes pdf hftp.//www.urbantree orp • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks arid bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools residential areas, commercial areas, etc., to encourage walking and bicycling. Pedestrian and, bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways . through the project should be built in anticipation of future growth. Specifically: Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Potential locations for pedestrian accesses are: Between lots 26/41 and 25/42 Between lots 100/117 and 101/116 Pedestrian paths should be built to allow access from the project to the Grantland and Barstow sidewalks. A potential location for such a path is between lots 67 and 68 • 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 wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or coated) High-albedo (reflecting) roofing material. See http://aetd.lbl gov/;oolroof/ Radiant heat barrier. See http*//www.eere.energy-gov/con;umerinfo/refbriefs/bc7.html Cool Paving. See http://vww.harc.edu/harc/Proiects/Cool Houston/ Energy efficient lighting and appliances. See http*//www.enerqys argov/ Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters) Energy efficient heating/cooling systems (such as radiant heating system) Awnings or other shading mechanism for windows Porch/Patio overhangs Ceiling fans, whole house fans Orient the units to maximize passive solar cooling and heating when practicable Utilize passive solar cooling and heating designs. See http://vww.eere.ene[gy.gov/RE/solar passive.html Electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment Pre-wire the units with high speed modem connections/DSL and extra phone lines Natural gas fireplaces (instead of traditional open-hearth fireplaces) a � Ms. Chamberlain March 15, 2004 T-5224 Page 4 - 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.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site, etc. More information can be found at: http://www.lac.orq, hftp://www.sustainable.doe.gov/, hftp://www.consumerener-qvcenter.ora/index.html • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment. More information can found at- hftp://www.dsireusa.org , http://rredc.nrel.gov/, hftp://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. 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 the regulatory requirements that are associated with 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,eer Chrystal CEQA Commenter Central Region Hector R. Guerra Senior Air Quality Planner Enclosures c:file 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. VDE 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 VDE 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 Access and Haul Roads. Dust control is required on all unpaved access and haul roads, and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Storage Piles and Bulk Materials. The handling,storage, and transportation requirements for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include: applying water as materials are handled, stabilizing or covering stored materials, and installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a freeboard six inches or greater, covering haul trucks, or applying water to the top of the load are options for reducing VDE from vehicle transportation of bulk materials. Demolition. Wetting of the exterior of a building to be demolished is required. Demolition debris and the area around the demolition must also be controlled to limit VDE. Cleaning up carryout and trackout must be completed according to Rule 8041. Demolition activities are also subject to the District's asbestos rule, Rule 4002— National Emission Standards for Hazardous Air Pollutants. Dust Control Plans. For large construction projects, Rule 8021 requires the owner or contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to commencing construction activities. This requirement applies to projects that include 40 or more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per day of material on at least three days during the project. Record keeping. All sites subject to the regulation that employ dust control measures must keep records for each day any dust controls are used. The District has developed record keeping forms for water application, street sweeping, and for "permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Pursuant to Rule 8011, records must be kept for one year after the end of dust generating activities. Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation VIII requirements. The following exemptions in Rule 8021 apply to construction activities: • Blasting activities • Maintenance and remodeling of existing buildings if the addition is less than 50% of the size of the existing building or 10,000 square feet. These activities, however, are subject to the District's asbestos rule, Rule 4002. • Additions to single family dwellings • Mowing, disking or other weed control on sites less than % acre. Nuisance. Whether or not the construction activity is exempt from the Regulation VIII requirements, any activity that creates fugitive dust must not cause a nuisance, per Rule 4102 - Nuisance. Therefore, it is important to monitor the dust generating activities and, if necessary, plan for and implement the appropriate'dust control measures to limit the public's exposure to fugitive dust. This is a basic summary of Regulation VIII as it applies to the construction industry. For more information contact the Compliance Division of the District office nearest to you. a ffALEOPCAI,IFLfINIA—B(JSrNES —TRANSPORTATIONA QHOUSINGAGENCY ARN LD CHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 - FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 Flex your power! TTY (559)488-4066 Be energy efficient! March 17, 2004 213 1-IGR/CEQA 6-FRE-180-63.4+/- T-5224 Ms. Shelby Chamberlairl BRENTWOOD RANCH City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Chamberlain: We have completed our review of the tract map .for the proposed 178-lot single-family residential development located on the northeast corner of North Bryan and West Barstow . Avenues, approximately 1.0 mile north and 1.5 miles' south of the I State Route -( R) 99/Shaw Avenue and Herndon Avenue interchanges' respectively- Caltrans .has the following comments: It is estimated that this development would likely generate approximately 178 trips during the PM peak hour. It is further estimated that a portion of the generated trips would impact the SR 99 interchanges at Shaw Avenue and Grantland Avenue. While the Grantland Avenue interchange is in the 2020 traffic model, it is not expected to be constructed by then. These trips would therefore impact the Shaw Avenue and Herndon Avenue interchanges. It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak-hour trips (as this project will) to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). Will the City require a traffic study for this proposal? Caltrans recommends that the applicant conduct a Traffic Impact Study (TIS) in order to assess the project-related impacts to the State Highway System and the pro-rata fair-share towards area-wide circulation improvements. As per the City's policy (Mitigation Measure B-4), please have the preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic'-Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study.is conducted. Caltrans'Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when .reviewing a traffic study. If the traffic consultant has any issues or concerns regarding the use of the Guide or its interpretation, please contact us so resolution can be reached. Caltrans is available to discuss the scope of the traffic study at the City's convenience. "Caltrans improves mobility across California" Mr. David Stiglich March 17, 2004 Page 2 The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in part staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: A4r. Jon Ruiz, Interim Assistant City Manager and Director of Public Works Ms. Barbara Goodwin, Executive Director, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the.following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEDED Initial Study is on rile in the Planning and Environmental Development Department, City Hall Assessment Number: 20011f APR - QM 8' 37 2600 Fresno Street, Fresno, California 93721 T-5224 559 621-8277 CITY CLERK, FRESNO C APPLICANT: Land Dynamics Assessor's 2109 West Bullard Avenue Parcel Number: Fresno, California 93711 505-070-20 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map Filed with: No. 5224/UGM, filed by Land Dynamics, pertains to approximately 75 acres REBECCA E. KLISCH, City Clerk of property located on the north side of West Barstow Avenue, between 2nd Floor- City Hall North Bryan Avenue (alignment) and Freeway 99. The tentative tract map 2600 Fresno Street application proposes to subdivide the site into 187 single family residential Fresno, California 93721-3603 lots, two outlots and a 20-acre remainder lot. The map is consistent with the existing planned land use designations and the existing zone districts. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application, the checklist, and any attachments to the checklist, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the"Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY: Planner DATE: April 1, 2004 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. T-5224 1_0 TOPOGRAPHIC, SOIL GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off 1 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3_0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use __L 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 endangered species 13.4 Architectural incompatibility with surrounding area 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building, disruption of agricultural land archaeological site 5_0 ANIMAL LIFE 1 14.2 Construction or activity incompatible with adjacent historic site 1 5.1 Reduction in the numbers of any rare, unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 t3_0 HUMAN HEALTH of energy 1 7A NOISE 15.3 Wasteful use of energy 2 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 2 7.2 Exposure to high noise levels "0" Insufficient Information 8_0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect 9_0 LAND USE The proposed project will not have an adverse environmental effect in this category, or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the cate o 1 9.3 Induces unplanned growthpar9 ry is not applicable to the 1 9.4 Adverse change in existing or planned area 2 Moderate Environmental Effect project under tion. characteristics " „ The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 2 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system Impact Report,and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists,pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. T-5224 PROJECT DESCRIPTION Vesting Tentative Tract Map No. 5224/UGM, filed by Land Dynamics, pertains to approximately 75 acres of property located on the north side of West Barstow Avenue, between North Bryan Avenue (alignment) and Freeway 99. Vesting Tentative Tract Map No. 5224/UGM proposes to subdivide a 51 acre portion of the site, which is zoned R-1/UGM(Single Family Residential/Urban Growth Management)into 187 lots and two outlots for the development of a single family residential subdivision (approximately 3.7 dwelling units per acre). There will also be a 20-acre remainder portion, which is zoned R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management), that is not proposed for development at this time. Bordering Property Information Planned Land Use Existing Zoning Existing Use North Regional Commercial C-3/UGM Vacant Regional Commercial/ Urban Growth Management South Medium Density Residential R-1/UGM Single Family Single Family Residential/ Residences Urban Growth Management East State Highway N/A Freeway 99 West Medium Density Residential AE-5/UGM Vacant Five Acre Exclusive Agricultural/ Urban Growth Management R-R (County) Rural Residences Rural Residential Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. Approval of the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. The project area is located within the northwestern portion of the City of Fresno's adopted Sphere of Influence and Urban Boundary area and is planned for medium low and medium high density residential uses by the West Area Community Plan and the 2025 Fresno General Plan, both adopted in 2002. Environmental documents for previous plan actions include Final EIR No. 10130(2025 Fresno General Plan). Additional environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118(Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion)and Final EIR No. SCH 95022029(Fresno Metropolitan Water t INITIAL STUDY Environmental Assessment No. T-5224 Page 2 April 1, 2004 Resource Management Plan). These environmental impact analyses and conclusions, together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence. Certification or approval of these environmental documents identified potentially significant adverse environmental impacts,appropriate mitigation measures,and findings of overriding considerations with respect to unavoidable significant impacts. The following impacts were identified by City Council Resolution No.2002- 378 certifying Final EIR No. 10130 (2025 Fresno General Plan). 1. Transportation and Circulation 2. Air Quality 3. Preservation of Agricultural Land 4. Noise Resolution No. 2002-378 also contains a statement of overriding considerations for the above unavoidable significant effects. The benefits of implementing the 2025 Fresno General Plan outweigh unavoidable significant effects. 1.0—TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining property owners. 2.0—AIR QUALITY As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from "serious nonattainment" to "severe nonattainment" by the U.S. E.P.A. Classified as "severe nonattainment" by the State. • PM,o. Classified as"serious nonattainment"at the federal level. Classified as"nonattainment"by the State. • CO. Recently reclassified from "nonattainment" to "attainment" by th U.S. E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. ` a INITIAL STUDY Environmental Assessment No. T-5224 Page 3 April 1, 2004 • SOZ. Unclassified at the federal level. Classified "attainment" at the State level. • Sulfates. (No federal standard.) Classified "attainment" at the State level. • Lead. (No federal standard.) Classified "attainment" at the State level. • HZS. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,o the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of"severe nonattainment"for ozone by the State, the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5% per year reduction in nonattainment emissions,or including"every feasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions; developing strategies to reduce vehicle trips and miles traveled;increasing average vehicle ridership to 1.5 persons during commute hours;reducing population exposure to non-attainment pollutants by25%;establishing best available retrofit control technology requirements for permitted sources; and developing indirect and area source programs. As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are, in turn,implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. The Air District has suggested that the URBEMIS 2001 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions: ROG(Reactive Organic Gasses), NOX(Nitrogen Oxides), CO(Carbon Monoxide), PM,o(Particulates)and SOX(Sulfur Oxides)which are summarized below. INITIAL STUDY Environmental Assessment No. T-5224 Page 4 April 1, 2004 URBEMIS 2002 AIR QUALITY IMPACTS** All data in tons/year ROG NOX CO PM10 SOX Area Source Emissions 1.73 0.43 0.39 0.00 0.01 Operational Emissions 4.73 6.50 59.15 4.37 0.04 Totals 6.46 6.93 59.53 4.37 0.05 Level of Significance or 10 10 100 14.6 27.375 Requirements for Offset **Based on 187 single family residential units The URBEMIS 2002 model projections indicate that the proposed project will not exceed the threshold limits for the emissions listed. The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to the San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a number of strategies to improve air quality including a transportation control strategy and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping, pedestrian and transit access features. The 2025 Fresno General Plan and the West Area Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks,and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees,frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated April 1, 2004. 2. The proposed project shall implement and incorporate, as applicable, the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated April 1, 2004. INITIAL STUDY Environmental Assessment No. T-5224 Page 5 April 1, 2004 3.0—WATER Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, as well as high consumptive use of water on a per capita basis (267 gallons per day per capita), have resulted in a decline in the total usable potable water supply. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The Fresno Metropolitan Water Resource Management Plan has been adopted and the accompanying Final EIR (SCH #95022029) certified. The purpose of the management plan is to provide safe, adequate, and dependable water supplies to meet the future needs of the metropolitan area in an economical manner;protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. In addition, the proposed project must contribute to the completion of the Fresno Metropolitan Flood Control District's master planned storm drainage facilities. Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm water run-off and surface water obtained from the Fresno Irrigation District and United States Bureau of Reclamation on the northern edge of the current urban limit boundary. The mitigation measures of MEIR No. 10130 are incorporated herein by reference and are required to be implemented by the attached mitigation monitoring checklist. In summary, these mitigation measures require participation in the development of groundwater recharge in an amount equal to the project's estimated water consumption. Alternative measures to satisfy this requirement include paying fees established by the city for construction of recharge facilities, the construction of recharge facilities directly by the project,or participation in augmentation/enhancement/enlargement of the recharge capability of Fresno Metropolitan Flood Control District storm water ponding basins. While the proposed project may be served by conventional groundwater pumping and distribution systems, full development of the 2025 Fresno General Plan boundaries may necessitate utilization of treated surface water due to inadequate groundwater aquifer recharge capabilities. Implementation of the 2025 Fresno General Plan policies, the Water Resources Management Plan, and the applicable mitigation measures of approved environmental review documents will address the issues of providing an adequate, reliable, and sustainable water supply for the project's urban domestic.and public safety consumptive purposes. The Water Division of the Public Utilities Department estimated that the proposed 187-lot single family subdivision will have an estimated peak water demand of 397 gallons per minute. An adequate source of water is available to serve the project with the implementation of the mitigation measures noted below. Mitigation Measures: 1. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated April 1, 2004. 4.0—PLANT LIFE; and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. INITIAL STUDY Environmental Assessment No. T-5224 Page 6 April 1, 2004 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. 7.0—NOISE The project site will be exposed to vehicle traffic noise due to its location adjacent to an existing state highway (Freeway 99)along the easterly boundary of the tract and a planned superarterial(Veterans Boulevard)which traverses the project site. Freeway 99, in the vicinity of the project area, is developed with four lanes of travel (two in each direction) and is raised above ground level. Superarterials are typically developed with four to six lanes of travel(two to three in each direction), a median island, single or dual left turn lanes at intersections, and access is limited. They are designed to accommodate average vehicle daily trips of 45,000. The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. Portions of the site are within a 65 decibel contour according to the Master Environmental Impact Report for the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be submitted,evaluated,and accepted by the Planning and Development Department. The acoustical analysis performed by Brown-Buntin and Associates for the project found the noise levels to be substantial in a report dated November 26, 2003. The acoustical analysis used the Federal Highway Administration(FHWA)Traffic Noise Prediction Model(TNM V.2.1) in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is expected to be as high as 70 dB DNL along the eastern portion of the proposed tract. The study concludes that the construction of an eight to twelve-foot high solid wall,or approved combination of wall and berm, along the boundary of the tract(as specified in the acoustical analysis, dated November 26, 2003), is required to fully reduce the noise to acceptable levels. The solid wall barrierwould reduce the exterior noise level to 60 dB at the first floor height. Indoor noise standards will be met with the construction of the sound walls and through building code requirements. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated April 1, 2004. 2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated April 1, 2004. 9.0—LAND USE The proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and the Bullard Community Plan. Both plans designate the site for medium low density residential land uses. Table 2 of the 2025 Fresno General Plan states that the R-1 zone district is consistent with the medium density residential land uses. It is also important to note that the planned land use and proposed zone district are compatible with the applicable community plan goals, policies and implementation measures intended to provide for the efficient use of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projections of the Fresno General Plan's growth projections. INITIAL STUDY Environmental Assessment No. T-5224 Page 7 April 1, 2004 10.0—TRANSPORTATION AND CIRCULATION; 10.1 Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies The development of the project site with the proposed 187 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and West Area Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Bryan (alignment) and West Barstow Avenues as collector streets and North Veterans Boulevard (alignment)as a superarterial street. The city's Public Works development standards provide for superarterials to be developed with two to three lanes of travel in each direction separated by a median island. Superarterials also have limited access. Collectors with four lanes of travel (two in each direction), may or may not have a median island and single or dual left turn lanes at intersections. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference) utilized macro-level traffic analysis techniques to examine the traffic flow level of service (LOS)for major street segments that would occur in the year 2025. This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables,which are an accepted national tabular standard of the Highway Capacity Manual(HCM)methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay) to an LOS of F (reflecting a very high traffic volume with substantial congestion and travel delay). Traffic capacity deficiencies are predicted to occur within the extended area surrounding the project site, particularly along Shaw and Herndon Avenues near Freeway 99. A substantial proportion of these street deficiencies are the result of land use decisions, development practices and public perceptions that have affected land use distribution throughout the region. These factors also include state planning mandates such as the need to accommodate projected population growth consistent with State planning law including the housing element mandates(California Government Code Sections 65583 through 65895.5). These decisions include the practice of segregating residential,commercial and industrial land uses so that industrial and other employment intensive uses were located in the southern portion of the metropolitan area,while predominantly residential uses were located in the middle and northern sectors. Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report(MEIR)No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments(COG)to project average daily vehicle trip (ADT)volumes on major streets. With development of the project site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 7,900±on Barstow Avenue, 2,000±on Bryan Avenue and 63,000± on Veterans Boulevard can be anticipated. With anticipated improvements completed by the development of planned land uses as required by city standards and policies, these streets are expected to ultimately function with a level of service (LOS)of C or D. The City of Fresno has endorsed, by general plan policy, a LOS of D as the preferable standard. INITIAL STUDY Environmental Assessment No. T-5224 Page 8 April 1, 2004 The applicant has agreed to pay a fee for major street intersection signalization. This fee is in addition to the Urban Growth Management requirements and has been established in lieu of preparing a traffic assessment as required by the mitigation measures established by the certification of MEIR 10130. Development of 187 single family residential dwelling units can be expected to generate an average of approximately 1,790 vehicle trips per day(VTD). Of these vehicle trips it is projected that 140 will occur during the morning (7 to 9 a.m.)peak hour travel period and 187 will occur during the evening(4 to 6 p.m.)peak hour travel period. A modest proportion of these projected trips are expected to access the Freeway 99 interchanges at Shaw and Herndon Avenues during the morning and evening peak periods. It is expected that when the Freeway 99 interchange with Veterans Boulevard is constructed, there will be a substantial portion of the peak hour trips to that interchange. Because some of the immediately surrounding area (primarily to the west and south) is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. These improvements include portions of North Bryan, West Barstow and Veterans Boulevard. Public Works Department, Transportation Planning Section staff has required the redesign of the intersection of North Bryan and West Barstow Avenues with the planned Veterans Boulevard alignment as a condition of approval for this tract map consistent with applicable street design standards. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report(No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods(7:00 am to 9:00 am and 4:00 pm to 6:00 pm)which will impact the State Route (SR) 99 interchange at Shaw and Herndon Avenues. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost, a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. State highway facilities appear to have failed to meet 20-year capacity design criteria during a period of time when the area's pace of population growth decreased to a rate well below previous state projections. This highway facility "under-design" and consequently the capacity deficiencies, which may now be prematurely occurring, are at least partially the result of resource allocation decisions made by the State of California rather than land use decisions made by the City of Fresno. INITIAL STUDY Environmental Assessment No. T-5224 Page 9 April 1, 2004 An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act - AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera- Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate a portion of the subject sites for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Each development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition, the residents of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the traffic and circulation related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated April 1, 2004. 2. The proposed project shall implement and incorporate,as applicable,the traffic and circulation related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated April 1, 2004. 11.0—URBAN SERVICES 11.1—Availability of Fire Protection The project site is located within the city's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of INITIAL STUDY Environmental Assessment No. T-5224 Page 10 April 1, 2004 fire protection facilities and services appropriate for urban uses. The proposed project is located within three miles of temporary City of Fresno Fire Station No. 16. However, it is located more than three miles from the site for the permanent City of Fresno Fire Station No. 16. Therefore, the applicant is required to mitigate this by installing fire sprinklers in every single family residence in the tract or by another alternative approved by the City of Fresno Fire Department. 11.4—Overcrowding of School Facilities The project site is served by the Central Unified School District and is presently within the attendance boundaries of Herndon-Barstow Elementary School, Rio Vista Middle School and Central High School, East and West campuses. 11.6—Availability of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that the nearest available sewer mains are located in West Barstow and North Grantland Avenues. Adequate sanitary sewer service is available to serve the project, subject to the Vesting Tentative Tract Map No. 5224/UGM Conditions of Approval dated April 21, 2004. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated April 1, 2004. 11.7—Availability of Storm Water Drainage Facilities On or Off Site In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of five or more acres of land. The property owner of this development site has been informed of that requirement and of his, and any business owner's, responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55, No. 222, of the Federal Register. 14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. INITIAL STUDY Environmental Assessment No. T-5224 Page 11 April 1, 2004 DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act(CEQA)Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. 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