HomeMy WebLinkAboutT-5231 - Conditions of Approval - 1/16/2008 �Ily
i'yOI Lam`% REPORT TO THE PLANNING COMMISSION
AGENDA ITEM NO. Vzzz-c
COMMISSION MEETING 11/19/03
November 19, 2003 APPROVED BY
FROM: STAFF, Planning Division
Planning and Devel men art nt DEPARTMENT DIRECTO
SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5231/U
AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSME
NO. T-5231
EXECUTIVE SUMMARY
Vesting Tentative Tract Map No. 5231/UGM is a request to subdivide 4.11 acres into a one common lot
condominium subdivision located on the west side of North Maple Avenue between East Perrin and East
Shepherd Avenues. The project will consist of a 48-unit, single story, gated condominium development.
The property is zoned R-1-C/UGM/cz, Single Family Residential/Urban Growth Management/conditions of
zoning. Conditional Use Permit No. C-01-225 was filed for the subject property and approved by the Fresno
City Planning and Development Department Director on March 29, 2002, which will allow for the
development of the 48-unit "Maple Estates" housing for the elderly residential development. Vesting
Tentative Tract Map No. 5231/UGM is consistent with the medium-low density residential land use
designation shown for the subject property on the adopted 2025 Fresno General Plan and the
Woodward Park Community Plan.
PROJECT INFORMATION
PROJECT: A one common lot condominium subdivision on 4.11 acres
consisting of a 48-unit, single-story, gated residential community
to be developed at a density of 11.7 units per acre
APPLICANT: W.G. Enterprises
LOCATION: West side of North Maple Avenue between East Perrin and
East Shepherd Avenues
(Council District 6, Councilmember Duncan)
SITE SIZE: 4.11 acres
LAND USE: Existing - 48-unit"Maple Estates" housing for the elderly
Proposed - 48-unit "Maple Estates" housing for the elderly
ZONING: R-1-C/UGM/cz, Single Family Residential/Urban Growth
Management/conditions of zoning
PLAN DESIGNATION Medium-low density residential
AND CONSISTENCY: Consistent with the 2025 Fresno General Plan and Woodward
Park Community Plan
ENVIRONMENTAL FINDING: A Categorical Exemption (Section 15332/Class 32) from the
requirements of the California Environmental Quality Act was filed
October 14, 2003
r
• I
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5231/UGM
November 19, 2003
Page 2
PLAN COMMITTEE Northeast Area Plan and Implementation Committee
RECOMMENDATION: recommended approval on September 22, 2003
STAFF RECOMMENDATION: Approve subject to the Conditions of Approval dated November 19,
2003
BORDERING PROPERTY INFORMATION
PLANNED LAND USE EXISTING ZONING EXISTING USE
NORTH Medium-Low Density Residential R-1/UGM/cz Single-Family Residential
SOUTH Medium-Low Density Residential AE-20/UGM Single-Family Residential
EAST Medium-Low Density Residential R-1/UGM Single-Family Residential
WEST I Medium-Low Density Residential R-1/UGM/cz Single-Family Residential
ENVIRONMENTAL FINDING
Environmental Assessment No. T-5231, dated October8, 2003, was prepared forthis project in accordance
with the requirements of the California Environmental Quality Act (CEQA) Guidelines. Based on the
environmental assessment staff determined that there was no evidence in the record that the project would
have a significant effect on the environment. Therefore, staff issued a Categorical Exemption
(Section 15332/Class 32) from the requirements of CEQA on October 14, 2003.
BACKGROUND/ANALYSIS
Vesting Tentative Tract Map No.5231/UGM proposes a one common lot condominium subdivision consisting
of a 48-unit, single story, gated residential community for the elderly. The overall site is 4.11 acres in area
and is zoned R-1-C/UGM/cz, Single Family Residential/Urban Growth Management/conditions of zoning.
Conditional Use Permit No. C-01-225 was filed on November 6, 2001, by W.G. Enterprises requesting
development of the "Maple Estates" residential project. The conditional use permit for the subject property
was approved by the Fresno City Planning and Development Director on March 29, 2002, and was properly
noticed to property owners within 350 feet of the subject property on April 22, 2002. A one-lot condominium
map process is allowed by a provision of State law. Approval of the vesting tentative tract map will allow for
the individual sale of the residential units as condominium air space to individual buyers and requires that
all buyers of residential air space share in common ownership of all buildings, streets, open space, walls,
etc., on the entire site.
Land Use Plans and Policies
The 2025 Fresno General Plan and Woodward Park Community Plan designate the subject property for
medium-low density residential land use. The applicant developed the subject property with 48 single story
multiple-family residential units for the elderly. Pursuant to Table 2 of the 2025 Fresno General Plan
"Planned Land Use and Zone District Consistency Matrix," medium-low density residential land uses are
consistent with the R-1-B, R-1-C, and R-1 zone districts.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5231/UGM
November 19, 2003
Page 3
Community Plan Advisory Committee Review
The Northeast Area Plan and Implementation Committee on September 22, 2003, reviewed the project and
recommended approval of Vesting Tentative Tract Map No. 5231/UGM.
Tentative Tract Map Findings
The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed
subdivision not be approved unless the map, together with its design and improvements, is found to be
consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law Further
provides that the proposed subdivision map be denied if any one of Findings Nos. 2 through 5, below, is
made in the negative. In addition, State law requires that a subdivision be found to provide for future passive
and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below).
1. The proposed subdivision map, together with its design and improvements, is consistent with the 2025
Fresno General Plan and the Woodward Park Community Plan because the land use element of these
plans designate the site for medium-low density residential land uses. The proposed density of the
project is consistent with these land use designations.
2. This site is physically suitable for the proposed type and density of development because conditions of
approval will ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvements are not likely to cause substantial and considerable
damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized
nature of the area in which the site is located and the area's long-term developed use for residential
development.
4. The proposed subdivision design and improvements are not likely to cause serious public health and
safety problems, because the conditions of approval will ensure that the subdivision conforms with City
health and safety standards including (but not limited to) the extension of sanitary sewer and water
service.
5. The proposed subdivision design will not conflict with public easements within or through the site
because conditions of approval will ensure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or
cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping
plant materials and because of the orientation of the proposed units.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and the local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of
project approval, staff has determined that these findings can be made.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5231/UGM
November 19, 2003
Page 4
Conditions of Approval
1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5231/UGM, dated
September 15, 2003.
2. Development shall take place in accordance with the Conditions of Approval forVesting Tentative Tract
Map No. 5231/UGM dated November 19, 2003.
CONCLUSION / RECOMMENDATION
1. APPROVE the finding of a Categorical Exemption (Section 15332/Class 32)from the requirements of
the California Environmental Quality Act(CEQA) for Environmental Assessment No. T-5231 issued on
October 14, 2003.
2. APPROVE Vesting Tentative Tract Map No. 5231/UGM subject to compliance with the Conditions of
Approval dated November 19, 2003.
Planning Commission action on the proposed tentative tract map, unless appealed to the City Council, is
final.
K:\Pau1sFo1der\T-5231/UGM PC Report 11-19-03.wpd
11-1403
Attachments: Vicinity Map
Exhibit"A" Vesting Tentative Tract Map No. 5231/UGM, dated September 15, 2003
Conditions of Approval, dated November 19, 2003
Fresno Metropolitan Flood Control District memorandum, dated September 23, 2003
Fresno Irrigation District memorandum, dated October 1, 2003
San Joaquin Valley Air Pollution Control District memorandum, dated September 18, 2003
Environmental Assessment No. T-5231/Categorical Exemption, issued October 14, 2003
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EXHIBIT "A
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
November 19, 2003
VESTING TENTATIVE TRACT MAP NO. 5231/UGM
West side of North Maple Avenue between East Perrin and
and East Shepherd Avenues
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.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the
imposition of fees, dedications, reservations or exactions for this project are
subject to protest by the project applicant at the time of approval or
conditional approval of the development or within 90 days after the date of
the imposition of the fees, dedications, reservations or exactions imposed on
the development project.
GENERAL CONDITIONS
1. Upon approval or conditional approval of Vesting Tentative Map No. 5231/UGM entitled
"Exhibit A," dated September 15, 2003, the subdivider may prepare a Final Map in
accordance with the approved tentative map.
2. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022 and
12-1023 of the Fresno Municipal Code). 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 Planning and Development Department for grading, public
sanitary sewer system, public water system, street lighting system, public streets, and
storm drainage, including other technical reports and engineered plans as necessary to
construct the required public improvements and work and applicable processing fees.
Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 2
4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development,shall be acquired at the subdivider's cost and shall
be dedicated by separate instrument at the time of Final Map approval. The relocation of
existing utilities necessitated by the required public improvements shall be paid for by the
subdivider. The subdivider is responsible to contact the appropriate utility company for
information.
Concurrent with the filing of a Final Map and when the provisions of Section 66436 of the
Subdivision Map Act(SMA)apply,the subdivider shall be responsible to send, by certified
mail, a sketch of the proposed Final Map together with a copy of Section 66436(a)(3)(A)
of the Subdivision Map Act to any public entity or public utility that has previously acquired
a right-of-way or easement.
5. Comply with the conditions, policies and standards setforth 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.
Concurrent with the filing of a Final Map and when the provisions of Section 66436 of the
Subdivision Map Act(SMA)apply, the subdivider shall be responsible to send, by certified
mail, a sketch of the proposed Final Map together with a copy of Section 66436(a)(3)(A)
of the Subdivision Map Act to any public entity of public utility that has previously acquired
a right-of-way or easement.
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 fumish to the City a subdivision
guarantee listing all parties having any right, title or interest and the nature of their interest
per State law.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 3
9. The approval of Vesting Tentative Map No. 5231/UGM is subject to the conditions of City
of Fresno Conditional Use Permit No. C-01-225 approved by the City of Fresno Planning
and Development Department Director on March 29, 2002.
10. The subdivider shall create a homeowners' association for the maintenance of all
landscape areas within the subdivision. A proposed Declaration of Covenants,Conditions,
and Restrictions (CC&Rs) shall be prepared and the proposed instruments for the
homeowners'association shall be submitted to the Planning and Development Department
for review two(2)weeks prior to Final Map approval. Said document shall be recorded with
the Final Map(s) or alternatively submit recorded documents or documents for recording
prior to final acceptance of subdivision improvements. Said documents shall include
assignment of responsibility to the homeowners' association for landscaping and other
provisions as stated in the Development Department Guidelines for preparation of CC&Rs,
dated January 11, 1985.
Landscaping and Walls
11. 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.
12. Construct a 6-foot high solid masonry wall along the western property line(s) at finished
grade of proposed site (solid wall to meet the requirements of Section 12-306-H, Fresno
Municipal Code). Construction plans for required walls showing architectural appearance
and location of all walls shall be submitted to the Planning and Development Department
for review prior to Final Map approval.
Building Setbacks
13. Provide a minimum 10-foot building setback along North Maple Avenue.
14. Provide a 20-foot building setback along the western property line.
15. Provide a 7-foot building setback along the southern property line.
Information
16. Prior to the issuance of building permits for the subdivision, school construction fees shall
be paid to the Fresno Unified School District in accordance with the school district's
adopted schedule of fees.
17. Contact the United States Postal Service, Fresno Office, for the location and type of
mailboxes to be installed in this subdivision.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 4
18. 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.
19. The developer/owner shall obtain any and all permits required forthe removal ordemolition
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.
20. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: 559-268-0109; after hours the contact phone number is
559-488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin, the Native American Heritage
Commission (phone number 916-653-4082) shall be immediately contacted, and the
California Archaeological Inventory/Southern San Joaquin Valley Information Center
(phone number 805-644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project, the site
shall be formally recorded, and recommendations made to the City as to any further site
investigation or site avoidance/preservation measures.
If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be
contacted to obtain a referral list of recognized paleontologists. An assessment shall be
conducted by a paleontologist; if the paleontologist determines the material to be
significant, a recommendation shall be made to the City as to any further site investigation
or preservation measures.
21. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment levied
under any State or local law, including a division into condominium interest as defined in
Section 783 of the Civil Code, the developer/owner shall file a written application with the
City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of
the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 5
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.
22. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality
Pollution Control Distract for the control of particulate matter and fugitive dust during
construction of this project.
PARK SERVICE
23. The developer/owner shall comply with the requirements in the memorandum from the
Parks Division dated November 21, 2001, as related to Conditional Use Permit
No. C-01-225.
FIRE SERVICE
24. Developer shall install on-site hydrant(s). Provide fire hydrant flow of 2500 GPM, 8"water
main minium.
25. Public street hydrant(s) shall be installed. Coordinate street hydrant location with Public
Works Department staff.
26. Provide sign(s) (17"x22"minium)at all public entrance drives to the property,which states
Warning - Vehicles Stopped, parked or left standing free in fire lanes will be immediately
removed at owner's expense - 22658 (a) California Vehicle Code - Fresno Police
Department 498-1414.
27. Turns in private drives and intersecting drives shall have a minium 34 foot center line
turning radius.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 6
STREETS AND RIGHTS-OF-WAY
28. All required signing and striping shall be done by, and paid for, by the developer/owner.
Signing and striping plans shall be prepared per current California Department of
Transportation standards and shall be submitted along with the street construction plans
for Vesting Tentative Map 5231 to the Transportation Section of the Public Works
Department for review and approval.
29. 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.
30. All of the required street improvements shall be constructed and/or installed in accordance
with the City of Fresno Standard Specifications (2002 Edition).
31. The subdivider shall install all existing and proposed utility systems underground in
accordance with Fresno Municipal Code Section 12-1011(H).
32. The subdivider shall construct an underground street lighting system per Public Works
Standard 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.
Frontage Improvement Requirements
North Maple Avenue (Collector)
33. Concrete curb, gutter, and 10-foot residential pattern and underground street lighting
systems exist within the limits of this tract.
34. Repair all damaged and/or replace off-grade concrete street improvements as determined
by Construction Management.
Urban Growth Management Requirements
35. Vesting Tentative Tract Map No. 5231/UGM is located in UGM Major Street Zone F. The
subdivider shall pay the appropriate UGM Major Street fee at the time of Final Map
approval.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 7
SANITARY SEWER SERVICE
36. A 24-inch sanitary sewer main is existing in North Maple Avenue to serve the tract. No
off-site public sanitary sewer main extensions are required for Vesting Tentative Tract Map
No. 5231. The following conditions are required to provide sanitary sewer service to the
subdivision:
a. Separate sewer house branch shall be provided to each lot created within the
subdivision.
b. Sewer Connection Charges are due and shall be paid for the Project.
WATER SERVICE
37. A 14-inch Transmission Grid Water Main is existing in North Maple Avenue to serve the
proposed subdivision. The following conditions are required to provide water service to the
'tract:
a. Two separate water points of connection to the public water system are required.
b. All public water facilities shall be constructed in accordance with City of Fresno
standards, specifications, and policies.
C. Payment of installation of water service(s) and/or meter(s) is required.
d. Water Connection Charges are due and shall be paid for the Project.
Special Conditions
Woodward Park Community Plan Findings for availability of waterand sanitarysewer
service is required for this project_ Comply with conditions-
OFF-SITE PUBLIC UTILITIES (SEWER AND WATER)
38. The subdivider shall be required to construct any sewer and water mains necessary to
serve adjacent properties prior to placement of any permanent street surfacing.
ON-SITE PUBLIC UTILITIES (SEWER AND WATER)
39. If on-site public sewer or water mains are proposed, the feasibility of the on-site system
must be approved by the City Department of Public Utilities prior to plan review by the
Public Works Department. Public utility easements must be provided to guarantee
maintenance and repair access to utility pipelines and services and/or private sewer lift
stations.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 8
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
40. The project site is within the Urban Growth Management area and is subject to UGM
requirements.
Right-of-Way Acquisition
41. The subdivider will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage,
signing, pole relocation, and shoulder grading. In general, this will require right-of-way to
be provided approximately 10 feet outside the travel lane. The exact requirement must be
determined at the project design stage based on the existing conditions and detailed
design information.
In the event an acquisition of any easement or right-of-way is necessitated by the subject
development, said acquisition will be accomplished prior to Final Map approval. The
developer/owner should contact the Real Estate Section of the Public Works Department
to receive procedural guidance in such acquisitions.
Should such acquisition not be accomplished by the subdivider prior to Final Map approval,
the subdivider must request and grant to the City the full authority to attempt acquisition
either through negotiation or through its power of eminent domain. The subdivider shall
furnish to the City Public Works Department, Engineering Division/ Real Estate Section,
an appraisal report or a request for an estimated appraisal amount (to be determined by
the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement.
The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition, including staff time, attorney's fees,
appraisal fees, court costs, and all related expenditures and costs necessary to effect the
acquisition of such easements or rights-of-way.
FLOOD CONTROL AND DRAINAGE
42. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Fresno Municipal Code Chapter 13, Article 13.
43. The subdivider shall be required to comply with the specific requirements imposed by the
Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision orany 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
September 23, 2003.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No, 5231
November 19, 2003
Page 9
FRESNO IRRIGATION
44. The developer/owner shall comply with the requirements in the attached memorandum
from the Fresno Irrigation District dated October 1, 2003, for Vesting Tentative Tract Map
No. 5231.
AIR QUALITY
45. The developer/owner shall comply with the requirements in the attached memorandum
from -the San Joaquin Valley Air Pollution Control District dated September 18, 2003, for
Vesting Tentative Map No. 5231.
STREET NAMES
46. Change street name on map (Pryor Avenue) to East Pryor Drive.
DEVELOPMENT FEES AND CHARGES
GOVERNMENT CODE§66020(d)(1)
A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional
approval of the development or within 90 days after the date of the imposition of the fees,
dedications, reservations, or other exactions to be imposed on a development project. Each local
agency shall provide to the project applicant a notice in writing at the time of the approval of the
project or at the time of the imposition of the fees, dedications, reservations, or other exactions,
a statement of the amount of the fees or a description of the dedications, reservations, or other
exactions, and notification that the 90-day approval period in which the applicant may protest has
begun.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 10
47. This project is subject to the following development fees and charges:
SEWER CONNECTION CHARGES FEE RATE
A. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth)
B. Oversize Charge $0.05/sq. ft. (to 100-foot depth)
C. Trunk Sewer Charge S.T.E.P
Service Area: Herndon
D. Wastewater Facilities Charge S.T.E.P*
'Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the
Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5135).
E. House Branch Sewer Charge n/a
F. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
G. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by
owner; fee for service(s) and
meter(s) established by the
Master Fee Schedule
H. Frontage Charge $6.50/lineal foot
I. Fire Hydrant Charge $0.75/100 square feet
(to 250-foot parcel depth)
J. Transmission Grid Main Charge $700/net acre
K. Transmission Grid Main Bond Debt $304/net acre
Service Charge
L. UGM Water Supply Fee
Service Area: 101-S $397/living unit
M. Well Head Treatment Fee
Service Area: 101 n/a
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5231
November 19, 2003
Page 11
N. Recharge Fee
Service Area: 101 n/a
O. 1994 Bond Debt Service
Service Area: 101 $895/living unit
DEVELOPMENT IMPACT FEE
P. Northeast Fresno Policing Area $85/living unit
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
Q. UGM Fire Station Capital Fee
Service Area: 21 $610/gross acre
R. UGM Park Fee
Service Area: 7 $1115/gross acre
S. Major Street Charge
Service Area: F $2500/adj. acre
T. Major Street Bridge Charge
Service Area: F $50/adj. acre
U. Traffic Signal Charge $869/adj. acre
V. UGM Grade Separation Fee n/a
W. Trunk Sewer Charge
Service Area: n/a
X. *Street Acquisition/Construction Charge $14,911.00
These fees and charges are due as a condition of Final Map approval. At the option of
the subdivider, the payment of certain fees and charges may be deferred to the time of
issuance of a Certificate of Occupancy pursuant to a covenant in accordance with the
provision of Fresno Municipal Code Section 12-4.604.
He No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Alan Kawakami, Chief Engineering Tech.RICHARD C. GINDER,JR.
Development Services Department 4015 N. FRESNO ST., STE. 106
City of Fresno FRESNO, CA 93726
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5231 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " R - DRAINAGE AREA R $33,228.00
DATE q Z,3--03 DRAINAGE AREA - -
TOTAL FEE $33,228.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee. W
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5231 - 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 //�'
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan Storm Drain Plan Final Map
X Street Plan 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.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
X 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.
5231 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 M4
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. 0
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.
5231 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
A442.7-- _Y;�_ cwzo�
Gerald E. Lakem , District Engineer Project Engineer: Neda Shakeri
C: PETERS ENGINEERING
200 W. BULLARD, STE. E4
CLOVIS, CA 93612
5231 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
I � �
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/ I
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SCALE 1"=300' CSP//// w
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/ / I
I W
\ I
YEARGIN AVE.
4Q �•/ \ I
30
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SKYVI EW AVE.
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II
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LEGEND SHEPHERD "cx" AVE. Li II r
m OPTIONAL NON—MASTER PLAN FACILITIES — TEMPORARY SIDE—OPENING
INLET TO BE CONSTRUCTED BY DEVELOPER FOR TEMPORARY SERVICE
Y——— EXISTING MASTER PLAN FACILITIES
® EXISTING TEMPORARY INLET(s)
—-- DIRECTION OF DRAINAGE
------ INLET BOUNDARY TRACT 5231
DRAINAGE AREA BOUNDARYEXHIE3IT N0. 1 DRAINAGE AREA: °R°
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
RAD. 09-1649
:\ENGINEERING\AUTOCAD\DWGS\OEXHIBIT\TRACT\5211.DWG 91-
OTHER REQUIREMENTS
EXHIBIT NO. 2
The Developer may construct the optional Non-Master Plan temporary inlet, as shown on Exhibit
No. 1,to provide temporary drainage service to Tract 5231. If the temporary inlet is constructed the
Developer shall be required to provide documentation and/or improvements satisfactory to the City
of Fresno to allow for conveyance of storm water to the temporary inlet. If the temporary inlet is not
constructed, the District recommends temporary facilities until permanent service is available.
Development No. Tract 5231
engr\permit\exhibit2\tracts\01-02-03\tract 5231(ns)
City or Fresno
17 9_VA
All-America City
DEPARTMENT OF PUBLIC UTILITIES ' I.,
2000
September 4, 2003
VERIFICATION AND MONITORING PROCEDURE
FOR THE AVAILABILITY OF PUBLIC SERVICES
WITHIN THE WOODWARD PARK COMMUNITY PLAN
Application: Vesting Tentative Tract No. 5231
Location: W/side of N. Maple Avenue, bet. E. Shepherd and E. Perrin Avenues
Project Description: A Single Lot Condominium Project Consisting of 48 Units
Zoning (Acreage): R-1-C/UGM/cz/(4.11)
SANITARY SEWER SERVICE
In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for
Sanitary Sewer Service, it has been demonstrated and determined that sanitary sewer service is available
to this project in the Hemdon/Cornelia Trunk Sewer. The average daily sanitary sewer flow contribution
resulting from this project has been estimated at 14,400 gallons per day.
WATER SERVICE
In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for
Water Service, it has been determined that an adequate source of potable water is available to meet
City, State, and Federal standards during periods of peak flow in the City water system serving the
Woodward Park Community Plan area for this project including existing demand and all other
approved development. The projected peak water demand resulting from this project has been
estimated at 73 gallons per minute.
This document is a determination of capacity available in the sanitary sewer and water systems.
Conditions or requirements imposed as a result of this finding are in addition to all other requirements
set forth. This project shall further comply with applicable provisions of the City ordinance, adopted
standards, and policies for extension and connection to the sa ry sewer and w ter systems.
arti clntyre, Director Joel Aranaz, Acting Fire ief
Department of Public Utilities Fire Department
Sego\Findings\V`n'52 31.fnd.wpd
City of Fresno
cincr-%\I
rnC ■ ijg AII-Americad
DEPARTMENT OF PUBLIC UTILITIES 1 '
City
Date: 09/04/2003 111
Development Application #: VTT-5231 °
APN: 567-030-04S 2000
Address: 9303 N. Maple Avenue
Project Description: Construction of a lot condominium project consisting of 48 units,located on 4.11 ac. of R-
1-C/UGM/cz zoning.
Reviewed by: John Moser
Sanitary Sewer Service
It has been determined that the Project will contribute an estimated average daily discharge to the
sanitary sewer system of 14,400 gallons and capacity is available in the Sanitary Sewer System
to serve the Project, and
Sanitary Sewer facilities are currently or would be available to provide sanitary sewer service to
the site subject to the following requirements:
✓ Separate sewer house branches are required for each lot.
✓ Sewer Connection Charges are due and shall be paid for the Project.
✓ No extensions required.
Water Service
EJ It has been determined that the projected peak water demand for the Project has been estimated
at 73 gallons per minute and an adequate source of potable water is available to meet City, State,
and Federal standards during periods of peak demand in the City Water System serving this
project, and
Water facilities are currently or would be available to provide water service to the site subject to
the following requirements:
✓ Payment for installation of water service(s) and/or meter(s) is required.
✓ Payment for installation of public fire hydrant(s) is required.
✓ Water Connection Charges are due and shall be paid for the Project.
✓ No extensions required.
Special Conditions
Woodward Park Community Plan Findings for the availability of water and sanitary sewer service
is required for this project. Comply with conditions.
Fresno
Nan.lpah
City of
IUOU
City Hall 559-621-8686 Public Works Department
2600 Fresno Street,Room 4019 Jon R.Ruiz,Director
Fresno,California 93721-3623
Date: September 29, 2003
TO: PAUL BERNAL, Planner II
Planning and Development Department, Current Planning
Through: ERIC FROBERG, Assistant Manager 11
Public Works Department, Engineering Services
From: JOHN ALLEN, Engineer
Public Works DepartmentII ngineering Services
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT
No. 5231/UGM
General
The subject site is located on the west side of North Maple Avenue between East Shepherd and
East Perrin Avenues. The subject tentative tract map proposes to create a (1) lot condominium
project. Existing zoning is R-1-C/UGM/cz.
The developer shall be required to construct any sewer and water facilities necessary to serve
adjacent properties prior to placement of any permanent street surfacing.
Sanitary sewer service
A 24-inch sanitary sewer main exists in North Maple Avenue. The following conditions are
required to provide sanitary sewer service to the tract.
No public sewer main extensions are required.
Water service
A 14-inch water main service exists in North Maple Avenue to serve the proposed tract. The
following conditions are required to provide water service to the tract.
1. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
2. Two separate points of connection to the public water system are required.
�G PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO: Amoldo Rodriguez, Planner
Planning Division
FROM: Diane Wetzel, Tree Program Specialist(559.498.4908)
DATE: November 21, 2001
SUBJECT: C-01-225, located at 9303 North Maple Avenue
The Parks, Recreation and Community Services Department has reviewed the site plan, dated
November 15, 2001, prepared by Raymond Butts, Architect. The Parks Division offers the following
comments regarding the"off-site"conditions as proposed on the landscape plan . . .
STREET TREES:
1. Fresno Municipal Code requires one tree per each 60 lineal foot of street frontage which will result in
a minimum of eleven street trees in the public right of way on Maple Avenue. The street tree species
designated for this block of Maple is Celtis australis (European Hackberry).
2. The property owner is required to provide a drip irrigation system to each street tree before occupancy.
The irrigation system shall comply with FMC 12-306-N-23. The irrigation plan shall be submitted with
the landscape plan.
Trees planted within the right-of-way shall be planted by the property owner after first
obtaining a street tree planting permit and a street work permit. Notify the Parks Division to
verify the tree planting locations 72 hours prior to any excavation (621-2927). The property
owner shall provide drip irrigation to all street trees (If this option is taken, collect the 15-gallon
Street Tree Inspection fee for tree plantings by private party A$30.00 per tree for FY 2002 )(Acct.
#34859,Fund#24001,Org#179900)
3. Trees planted in the right of way shall be located with the following minimum setbacks:
30' from street corners for visibility& 15' from driveways, stop signs, alleys, light poles and power
poles
10' from fire hydrants& 8'from sewer lines
5' from building overhangs and 2' from adjacent concrete and adjoining property lines
3' from gas, electrical, and water lines, and roof drains
4. The following notes shall be added to the landscape plan:
Trees planted in the right of way shall be located with the following minimum setbacks. The following spacing standards
shall be included as a note on the landscape plan:
30'from street corners for visibility&15'from driveways,stop signs,alleys, light poles and power poles
10'from fire hydrants&8'from sewer lines
5'from building overhangs and 2'from adjacent concrete and adjoining property lines
3'from gas,electrical,and water lines,and roof drains
Drilling to pierce hardpan shall be required prior to planting each street tree. Notify Parks Inspector(559.498.4906)two
working days in advance of drilling date for inspection of drilling operations and to check backfilling procedures and safety
barriers.
Drilling shall be completed within the 14 days for which clearance was obtained for approved locations. Holes shall be 2
feet in diameter and drilled to a depth where visual evidence of the subsurface sand or gravel drainage stratum is apparent;
the drainage hole shall be drilled to a minimum of 10 feet deep. Immediately following drilling,the hole shall be backfilled
with soil drilled from the hole, using sufficient water to thoroughly saturate the backfill material. Immediately following
backfilling,the white spot designating the planting site is painted black to indicate the site has been drilled. The drilled
sites are barricaded and checked daily for five working days for soil settling. Soil levels are adjusted as necessary during
this time. After seven days,the barricades and excess soil are removed. Soil shall be allowed to settle for a minimum of 20
Public Works Department comments C-01-225
November 21,2001
Page 2
days prior to planting.
MEDIAN ISLANDS:
5. Median island landscaping is required per FMC section 12-306-N-24. However, field inspection
verifies that the median island fronting the project is already constructed and landscaped to an acceptable
level, and no further planting or in lieu of fees shall be required.
ENVIRONMENTAL ASSESSMENT:
6. This project is consistent with the Parks Master Plan.
FEES:
7. As a reminder,please verify that the following administrative/plan check fees are collected:
STREET TREES FEES:
Collect the street tree landscape plan review fee of$56.00(Acct#39599,Fund#24001,Org#179900)
Collect a 15-gallon Street Tree Inspection fee for tree plantings by private party @$30.00 per tree
for FY 2002(Acct. #34859, Fund#24001,
Org#179900). This will result in a total fee of$330.00 for the city Parks Department to
inspect the contractor's(owners)tree planting operations.
Fresno
AI-A natca cdr
I l I I r
City of
I MIMIML%-
2000 17 F I k=�Ui j g®r
City Hall 559-621-8800 Public Works Department
2600 Fresno Street,Rm 4064 Jon R. Ruiz, Director
Fresno,CA.93721-3623
www.fresno.gov
September 23, 2003
TO: Paul Bernal, Planner II
Development Department, Planning Division
THROUGH: Louise Monroe, Supervising Engineering Technici
Public Works, Traffic Planning Section
FROM: David Padilla, Senior Engineering Technici
Public Works, Traffic Planning Section �'
SUBJECT: TT5231, Public Works Conditions of Approval
The Public Works, Transportation Planning Section, has completed its review of Tentative Tract Map 5231,
which was submitted by WG Enterprises. The following requirements are to be placed on this tentative tract
map as a condition of approval by the Public Works Department.
General Conditions:
Handicap access ramps are required at all corners within the limits of this tract. All required signing and
striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per
the current CalTrans standards and shall be submitted along with the street construction plans for this
tentative map to the Transportation Section of the Public Works Department for review and approval.
Underground all existing offsite overhead utilities with the limits of this tract map as per FMC Section 12-1011,
Section 8-801, and Resolution Number 78-522 and 88-229. Comply with the conditions of approval set forth
in CUP-01-225. Construct entrance per current Public Works Standard P-76 (Old standard was P-69).
Frontage Improvement Requirements:
Major Streets:
Maple Avenue (Collector):
1. Concrete curb, gutter, a 10' residential sidewalk pattern and underground street lighting systems exist
within the limits of this tract.
2. Repair all damaged and/or replace off-grade concrete street improvements as determined by the
Construction Management.
UGM Requirements:
UGM Street Zone F, therefore pay UGM fees.
C:Transportation Reading File
- 1 -
J:\Tracts\tract523 l Maple near Petrin.doc
opri !S or
- 1IR R4I, 1 ►T� 1�I TRI
PHONE(559)233 7161
FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
FRESNO.CALIFORNIA 93725-2218
Your Most Valuable Resource.-Water
October 1 2003 -,,
Mr. Paul Bernal
City of Fresno
Planning Division
2600 Fresno Street '
Fresno, CA 93721-3604
RE: VTTM No. T-5231/UGM—FIQ's Enterprise No. 109 Pipeline
Dear Mr. Bernal,
FID's comments and requests are as follows:
1. FID's Enterprise No. 109 pipeline traverses the subject property in an exclusive easement
recorded on July 26, 1990, as Document No. 90087278, Official Records of Fresno
County.
2. FID currently has an Encroachment Agreement recorded on August 12,2002,as Document
No. 2002-0135382, Official Records of Fresno County.
3. FID requests that it be made a party to signing all plans that may affect its easement,
pipeline or encroachment agreement.
Thank you for submitting this item for our review.Please feel free to contact me with any questions
or concerns at 233-7161 extension 341 or sadams@fresnoirrigation.com.
Sincerely,
FRESNO IRRIGATION DISTRICT
If�'� '�J�
Selina Adams
Engineering Assistant
Enclosures
File:Agencies/City/VTTM No.T-5231/7JGM
BOARD OF Pre>id-3r,.: JACOB ANDRESEN Vice-President EDDIE NIEDERFRANK
DIRECTORS JEFF NEELY.JEFF BOSWELL.RON DANG.APAN,Ed D. General Manager GARY SERRATO
San Joaquin Valley
Air Pollution Control District
September 18, 2003 468DEV2003
Paul Bernal
Dev. Dept., Planning Division
2600 Fresno St., 3rd Floor
Fresno Ca 93721
Subject: T-5231 (APN 567-030-045)
Dear Mr. Bernal:
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 non-attainment for ozone and fine particulate matter (PM10). This project
would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions.
Although this project alone would not generate significant air emissions, the increase in emissions from this
project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort
should be made to reduce project-related emissions as outlined below:
In the event that existing building(s) will be removed from the project site, the project will be subject to District
Rule 4002. 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 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
http://www.vallevair.org/rules/1 ruleslist.htm.
1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices
and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential
developments. A synopsis of these regulations has been enclosed.
2. District Regulation VIII - 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. An assistance bulletin has been enclosed for the applicant.
There are a number of 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.
• Trees should be carefully selected and located to protect the building(s) from energy sapping
environmental conditions, and to shade paved areas. A brochure has been included for the applicant.
See http://www.coolcommunities.org http://www.energy.ca.gov/coolcommunity/strategies.htmi
http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf
http://www.urbantree.org
Mr. Bernal September 18, 2003
T-5231 Page 2
• 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, appropriate 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. Direct pedestrian access to the main entrance of the project from existing or potential public
transit stops and provide appropriately designed sidewalks. Such access should consist of paved
walkways or ramps and should be physically separated from parking areas and vehicle access routes.
• Sidewalks and 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. Pedestrian walkways should be created to connect all buildings throughout
the project. The walkways should create a safe and inviting walking environment for people wishing to
walk from one building to another. Walkways should be installed to direct pedestrians from the street
sidewalk to the building(s). Safe and convenient pathways should be provided for pedestrian movement in
large parking lots. 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 or appropriated in anticipation of future growth.
• As many energy conserving and well-designed 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
"Cool Paving"
Energy efficient lighting and high efficiency appliance
Instantaneous water heaters
Radiant heating system
- Awnings or other shading mechanism for windows
- Ceiling fans, whole house fans
Install electrical outlets around the exterior of the unit(s) to encourage use of electric landscape
maintenance equipment
Install natural gas fireplaces(instead of traditional open-hearth fireplaces)
Install 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, 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.lgc.org htt ://www.ener .ca. ov/coolcommuni /strate ies.html
http://eetd.Ib1.gov/coolroof/ http://www.consumerenergvicenter.org/index.html
http://www.sustainable.doe.gov/
• 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 http://www.dsireusa.org/
http://rredc.n rel.clov/
http://www.energy.ca.gov/renewables/
• Construction activity mitigation measures include:
- Require construction equipment used at the site 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
Mr. Bemal September 18, 2003
T-5231 Page 3
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 while on the premises (when not in use) 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.
Sincerely,
a � M
Chrystal l'. Meier
CEQA Commenter
Central Region
Enclosures
San Joaquin Valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
September 2002
(Update from June 2002)
Fugitive Dust Control at Construction Sites
Regulation Vlll, 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 93726-0234 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 'h 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.
SAN JOAQUIN \/. .LLEY UNIFIED AiR POLLUTION CONTROL DISTRICT
Rule 4901 and 4902 Synopsis
' tl1e 4901 ideritialW60'd Burning'NAdoptedEJuly
Section Applicability Req uirements/Impiementation
2.0 Applicability: This rule applies to any person who manufactures, sells, offers for sale, or operates a solid fuel burning
device. (For the purpose of this regulation solid fuel burning device is defined as: any fireplace or wood
heater that burns wood, coal, or any other nongaseous or nonliquid fuels, or any similar device burning
any solid fuel, used for aesthetic or space-heating purposes in a private residence or commercial
establishment, which has a heat input less than one million British thermal units (BTUs)per hour.
Exemptions: Pellet-fueled wood heaters shall be exempt from provisions of section 5.1; Solid fuel burning devices
4.0 sold as appurtenances to real property in an escrow transaction shall be exempt from the provisions of
section 5.2.
5.1 Sale, supply, installation, or transfer of a new wood None of these actions shall be taken unless the wood heater meets
heater. EPA's Phase 11 emission and performance requirements set forth in
Part 60, Title 40, Subpart AAA Code of Federal Regulations.
Shall not be done unless it has been rendered permanently
5.2 Advertising, sale, supply, installation, or transfer of inoperable, or unless it is either: EPA-certified Oregon-certified, or
a used wood heater. I a pellet-fueled wood heater.
� � � ���`qr- GLS '�"�tti +• •- -' 4 ��w• *•�'M-� •k.i,,i.
g��,90 ,R s� ialxlVat`err;eater ;( d`o
�s, :.s� :i`z:.�k'.c�r �F^re r? ;, a.- ��,.3 s+,t.,..y s. fit P�Yr.. r :s.l'✓ f..
1.0 Applicability: This rule applies to residential natural gas-fired water heaters.
3.0 - Exemptions: Natural gas-fired water heaters with rated heat input of greater than 75,000 BTUs per hour; water heaters
using fuels other than natural as;and natural as-fired heaters used exclusively to heat swimming pools or hot tubs.
4.1 Natural Gas-Fired Water Heaters with a rated heat No person shall sell, install or offer for sale within the District any
input less than or equal to 75,000 BTUlhour. natural gas-fired water heater manufactured after December 17,
1993 that emits more than 40 nanograms of nitrogen oxides
(calculated as NO)per Joule of heat output.
4.2 Certification of water heaters. Water heaters subject to section 4.1 of this rule shall be certified in
accordance with the EPA Reference Test Method 7E, 40 CFR Part
60,Appendix A.
5.1 Operation of water heaters in accordance with Section 2.4 of the American National Standards
ANSI 221.10.1-1990:'at normal test pressure, input rates, and with
a five-foot exhaust stack installed during the nitrogen oxide
emission test.
5.2 Certification The manufacturer shall demonstrate that each water heater model
subject to the requirements of section 4.1 has been tested in
accordance with EPA Reference Test Method 7E, 40 CFR Part 60,
Appendix A.
5.3 Compliance statement Upon request of the APCO, each manufacturer shall submit a
statement certifying that water heaters subject to this rule are in
compliance with the provisions of section 4.1.
For additional information please contact the compliance division of your nearest District regional office:
Northern Region Central Region Southern Region
4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Ave. 2700 M Stree4 Suite 275
Modesto,CA 95356-9321 Fresno, CA 93726 Bakersfield, CA 93301-2370
(209)557-6400 (559)230-5950 (661)326-6900
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. T-5231
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: W.G. Enterprises
4015 North Fresno Street, Suite 106
Fresno Ca, 93726-4023
PROJECT LOCATION: West side of North Maple Avenue between East Perrin and East
Shepherd Avenues.
PROJECT DESCRIPTION: W.G. Enterprises is proposing to create a one lot condominium map.
The map will allow for individual ownership of a proposed 48-unit multi-
family housing for the elderly. The project was environmentally assessed
under Conditional Use Permit No. C-01-225 which resulted in a Mitigated
Negative Declaration. The sole intent of the map is to subdivide the
property. The condominium map is consistent with the land use and
circulation elements of both the 2025 General Plan and the Woodward
Park Community Plan.
This project is exempt under Section 15332/Class 32 of the California Environmental Quality Act
(CEQA) Guidelines.
EXPLANATION: Under the Section 15332/Class 32 exemption, projects characterized as
in-fill development meeting the conditions described in this section; (A)
The project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning
designation and regulations. (B) The proposed development occurs
within city limits on a project site of no more than five acres substantially
surrounded by urban uses. (C) The project site has no value as habitat
for endangered, rare or threatened species. (D) Approval of the project
would not result in any significant effects relating to traffic, noise, air
quality, or water quality. (E) The site can be adequately served by all
required utilities and public services.
CIQ-Q C Date: October 8, 2003
0
CD
= w Prepared By: Pa I rnal, Plann
y a c
tL Submitted by:
U — C Gilbert J. Haro
LLJ
o Planning Manager
} City of Fresno
Planning and Development Department
`" E3 (559) 621-8277
J:\TRACTMAPS\TractMa p5231\T-5231-CAT.wpd
City of
CMCdn\t�\II/
ff - ,.`_
CITY OF FRESNO
DEVELOPMENT DEPARTMENT
PLANNING DIVISION
Proof of Service b, Mail
(required as per F.M.C. Section 12-401-C-2)
SUBJECT: P,�` e d� I X23 VGA Wl
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I am an employee of the City of Fresno.
Onl ,�`63 , I served the attached notice pursuant to Section 12-401-C-2 of the Fresno
Municipal Code on the persons named thereon or attached thereto by placing a true copy thereof
with postage thereon fully prepaid in the United States mail.
I declare, under penalty of perjury, that the foregoing is true and correct.
Executed on << 7 2003 , at Fresno City Hall/Planning and Development Department
(date) (place)
Attachments: 1. Legal Notice
2. Property List Signature
VF3DNO TEMATh3
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VICI[NIYV
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o• AE-20/UGM MAP PLANNING & DEVELOPMENT
N DEPARTMENT
TENTATIVE TRACT MAP NO. 5231
A.P.N.: 567-030-04S
W E
ZONE MAP: 1552
9380 N. MAPLE AVE. S BY/DATE: J.S. / 11-6-03
NOT TO SCALE
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. T-5231
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: W.G. Enterprises
4015 North Fresno Street, Suite 106
Fresno Ca, 93726-4023
PROJECT LOCATION: West side of North Maple Avenue between East Perrin and East
Shepherd Avenues.
PROJECT DESCRIPTION: W.G. Enterprises is proposing to create a one lot condominium map.
The map will allow for individual ownership of a proposed 48-unit multi-
family housing for the elderly. The project was environmentally assessed
under Conditional Use Permit No. C-01-225 which resulted in a Mitigated
Negative Declaration. The sole intent of the map is to subdivide the
property. The condominium map is consistent with the land use and
circulation elements of both the 2025 General Plan and the Woodward
Park Community Plan.
This project is exempt under Section 15332/Class 32 of the California Environmental Quality Act
(CEQA) Guidelines.
EXPLANATION: Under the Section 15332/Class 32 exemption, projects characterized as
in-fill development meeting the conditions described in this section; (A)
The project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning
designation and regulations. (B) The proposed development occurs
within city limits on a project site of no more than five acres substantially
surrounded by urban uses. (C) The project site has no value as habitat
for endangered, rare or threatened species. (D) Approval of the project
would not result in any significant effects relating to traffic, noise, air
quality, or water quality. (E) The site can be adequately served by all
required utilities and public services.
-� Date: October 8, 2003
cv
0
L 00
Prepared By: Pa I rnal, Planneg
W X: LLJ
Submitted by:
C� -- C__ Gilbert J. Haro
LLJ
C.o Planning Manager
City of Fresno
F- Planning and Development Department
`" " (559) 621-8277
J:\TRACTMAPS\TractMap5231\T-5231-CAT.wpd
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
VESTING TENTATIVE TRACT MAP NO. 5231
NOTICE IS HEREBY GIVEN that in accordance with Sections 65090 and 65091 (Planning and Zoning
Law) and Section 66451.3 (Subdivision Map Act) of the Governmental Code the Fresno City Planning
Commission will conduct a public hearing to consider Vesting Tentative Tract Map No. 5231, Filed by W.G.
Enterprises, pertaining to a 4.11 acre parcel of land located on the west side of North Maple Avenue
between East Perrin and East Shepherd Avenues.
1. VESTING TENTATIVE TRACT MAP NO.5231: Requests authorization to subdivide the"Maple
Estates" multi-family housing for the elderly into a one common lot condominium map. The
one-lot condominium map will allow for the sale of 48 units for individual airspace ownership
located on the west side of North Maple Avenue between East Perrin and East Shepherd
Avenues.
2. ENVIRONMENTAL ASSESSMENT NO.T-5231:Recommend thata Categorical Exemption(Section
15332/Class 32) from the requirements of the California Environmental Quality Act be adopted for
the vesting tentative map.
FRESNO CITY PLANNING COMMISSION
Date: Wednesday, November 19, 2003
Time: 6:00 p.m., or thereafter
Place: City Hall Council Chamber, Second Floor
2600 Fresno Street, Fresno, CA 93721
Any interested person may appear at the public hearing and present testimony in regard to this matter.
If you challenge Vesting Tentative Tract Map No. 5231 in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the Fresno City Planning Commission at, or prior to, the public hearing.
NOTE: Government Code Section 65091 requires that this notice be sent to owners of property within 300
feet of the subject property. The City of Fresno Planning and Development Department mails this notice
to the property owners within 350 feet.
For additional information regarding this project, contact Paul Bernal, Planning and Development
Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604, or by phone at
(559) 621-8073.
NICK P. YOVINO, Secretary
Fresno City Planning Commission
Dated: November 7, 2003
Assessor's Parcel No. 567-030-04S
pb:kK:kCommonkMasterFiles2003kT-5231 PHN.wpd