HomeMy WebLinkAboutT-5235 - Conditions of Approval - 12/13/2005 x
REPORT TO ',-- ,E PLANNING COMMISSION
AGEiJDA ITEM NO.
COMMISSION MEETING 4-2.1-04
P
A ril 21, 2004 FILE C oVEDBY
FROM: STAFF, Planning Division �p
Planning and Development Department EPARTMENT TOR
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-55, CONDITIONAL USE PERMIT
APPLICATION NO. C-03-191 AND VESTING TENTATIVE TRACT MAP NO. 5235/UGM
AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. R-03-55/C-03-191/T-5235
EXECUTIVE SUMMARY
Rezone Application No. R-03-55 proposes to rezone the subject property from the AE-5/UGM (Exclusive Five
Acre Agricultural/Urban Growth Management)and R-A/UGM(Single Family Residential-Agricultural/Urban Growth
Management) to the R-1/UGM (Single Family Residential/Urban Growth Management), R-2/UGM (Low Density
Multiple Family Residential/Urban Growth Management)and C-1/UGM(Neighborhood Commercial/Urban Growth
Management) zone districts for..75 acres of property located on the north side of East Church Avenue between
South Peach and South Minnewawa Avenues. The applicant, Bennett Development Inc., has also filed Vesting
Tentative Tract Map No. 5235/UGM proposing to subdivide approximately 55 acres of the subject property into
a 240-lot single family residential subdivision at an overall density of 4.4 units per acre. Conditional Use Permit
Application No. C-03-191 has been filed to allow for the future development of a 176-unit two story apartment
project on approximately 13 acres of the subject property as allowed by the transfer of density provisions of
Section 12-304-B-23 of the Zoning Ordinance. The applications will bring the zoning and uses for the
property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan.
PROJECT INFORMATION
PROJECT A 240-lot single family residential subdivision on approximately 55
acres of property to be developed at an overall density of 4.4 units
✓per acre, a future 176-unit two story apartment project on
approximately 13 acres (ata density of approximately 13.5 units per
acre) and 7 acres of future neighborhood commercial development
APPLICANT Bennett Development, Inc. (Engineer: Giannetta Engineering)
LOCATION North side of East Church Avenue between South Peach and South
Minnewawa Avenues (Council District 5, Councilmember Dages)
SITE SIZE 75 acres
LAND USE Existing -Agriculture
Proposed - Single Family Residential, Multiple Family Residential
and Commercial
ZONING Existing' - R-A/UGM (Single Family Residential-Agricultural/Urban
Growth Management) and AE-5/UGM (Exclusive Five
Acre Agricultural/Urban Growth Management)
Proposed - R-1/UGM (Single Family Residential/Urban Growth
Management), R-2/UGM (Low Density Multiple Family
Residential/Urban Growth Management) and C-1/UG,M
(Neighborhood Commercial/Urban Growth Management).
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 9
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. 5235/UGM dated
February 27, 2004, and the Conditions of Approval for T-5235/UGM dated April 21, 2004.
Action by the Planning Commission regarding the rezone application will be a recommendation to the City
Council. Planning Commission action on the proposed tentative tract map and conditional use permit, unless
appealed to the Council, is final.
CONCLUSION / RECOMMENDATION
1. RECOMMEND APPROVAL to the City Council of a finding of Mitigated Negative Declaration for
Environmental Assessment No. R-03-55/C-03-191/T-5235 dated April 1, 2004.
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-03-55 to.rezone the subject
property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) and R-A/UGM
(Single Family Residential-Agricultural/Urban Growth Management) to the R-1/UGM (Single Family
Residential/Urban Growth Management), R-2/UGM(Low Density Multiple FamilyResidentiaUUrban Growth
Management), and C-1/UGM (Neighborhood Commercial/Urban Growth Management) zone districts.
3. APPROVE Vesting Tentative Tract Map No. 5235/UGM subject to.compliance with the Conditions of
Approval dated April 21, 2004.
4. APPROVE Conditional Use Permit Application No. C-03-191 thereby permitting the future development of
176 multiple family residential units on the subject property in substantial compliance with Exhibits A and B
dated February 27, 2004.
K\Common\Master Files-2003\'REZONE\R-03-055,C-03-191,T-5235-Lamonica Map-DEMR-03-55,C-03-191,T-5235 RPC 4-21-04.wpd
Attachments: Vicinity Map
Vesting Tentative Tract Map No. 5235/UGM dated February 27, 2004, and Exhibits A and B
of Conditional Use Permit Application No. C-03-191 dated February 27, 2004
Conditions of Approval for T-5235/UGM dated April 21, 2004, including letters from
Fresno Metropolitan Flood Control District(4-19-04), Fresno Irrigation District(3-16-04),
Parks Department (3-18-04), Solid Waste Division (3-23-04), and San Joaquin Valley
Air Pollution Control District (3-15-04)
Letter from Caltrans dated March 16, 2004
Environmental Assessment No. R-03-55, C-03-191,T-5235/UGM Finding of Mitigated Negative
Declaration dated April 1, 2004
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55 r
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 8
c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in.the area in which
the property is located. The third finding shall not apply to uses which are subject to the provision of Section 127306-N-30 of
this Code.
Upon completion of review of comments received by affected parties regarding the proposed
? project and based upon information contained within the project application, the Planning and
Development Department has determined that the proposed use will not be detrimental to the
j.1 _.N .,,.._., t, public welfare or injurious to property or improvements in the area in which the property is
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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,togetherwith 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 Roosevelt Community Plan
designates the site for medium density and 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 ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable
damage to the natural environment, including fish,wildlife or their habitat, because of the urbanized nature
of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health and safety
problems because the conditions of approval have shown and will ensure that the subdivision conforms with
city health and safety standards.
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 lots.
ti
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 7
Conditional Use Permit Application No. C-03-191
Conditional Use Permit Application No. C-03-191. proposes the development of a 176=unit two story multiple
family residential project on approximately 13 acres of the subject property. The conceptual site plan for the
project proposes two-story units in eightplex structures. In addition, the project proposes a swimming pool and
basketball court. Design features of the proposed project include stucco exteriors and composition shingle roofs.
This apartment project is being processed as a transfer of residential densities as provided under
Sections 12-304-8-23 and 12-403-B-4 of the Fresno Municipal Code. Under these provisions a transfer of
density between two residential zone districts is permitted subject to the processing of a planned development
which includes all zone districts involved within the proposed transfer of density. As a result, although the
developer is not intending on developing the apartment project at this time, it is necessary to file a development
plan for the project in order to allow for the consideration of the project under the transfer of density provisions
noted above.
Tentative Tract No. 5235 has been filed as the development plan for the single family residential portion of the .
project and Conditional Use Permit Application No. C-03-191 has been filed as the development plan for the
apartments . The total number of residential units that can be permitted within the density transfer may not
exceed the permitted density of the applicable plan designation(s).
The proposed overall project involves 240 single family residential units and 176 multiple family residential units
on a total of 67 acres. Of this area 16 acres is planned for medium density residential land uses which allows
up to 10.37 units per acre and the remaining 51 acres is planned for medium-low density residential land uses
which allows up to 4.98 units per acre. Based on the above calculations,the subject property would be permitted
a total number of 418 units. The project proposes a total of 416 single family and multiple family residential units.
Therefore,based on the above density transfer provisions of the Fresno Municipal Code,the proposed apartment
project may be considered consistent with the medium and medium-low density residential plan designations
shown for the site on the Roosevelt Community Plan and 2025 Fresno General Plan.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to
accommodate said use,and accommodate all yards,spaces, walls and fences,parking, loading, recycling areas, landscaping,
and other required features;and,
Finding a_ The applicant is requesting R-2 zoning which would permit the proposed 176-unit multiple
family residential complex. In addition, the applicant will be required to provide adequate
landscaping, parking, fences, trash enclosures, street trees, etcetera. Staff is recommending
approval.
b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and
kind of traffic generated by the proposed use;,and,
Fmd�ng b The Public Works Department Traff ic Division has indicated that the traffic generated from the
proposed project can be accommodated by the existing circulation network.
F,:
d
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 6
Landscaping/Walls
Given that the proposed subdivision abuts planned arterial and collector streets, the developer will be required
to install*15 feet of landscaping along South Peach and East Church Avenues. In addition, the applicant will be
required to install a solid wall at the rear of the required landscape setbacks which will mitigate the adverse effect
of noise generated by vehicles traveling on the adjacent major streets. Required walls and landscaping for the
apartment development and the commercial development will be determined in the future when detailed
development plans are filed.
Open Space .
The developer will be required to provide at least five percent of the total project area for public or private
common open space per Roosevelt Community Plan Policy No. 1 17.1. Alternatively, an equivalent amount of
area may be provided in conjunction with approved public or quaso-public open space within one-quarter mile of
this development.
The required multi-purpose trail to be constructed along Fancher Creek within the proposed subdivision will
provide a concrete trail for pedestrians/bicyclists and a crushed rock trail for equestrians. This trail construction
will apply toward the above-noted five percent open space requirement for this project.
Lot Dimensions
The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet. All of the lots in the subdivision
exceed the minimum lot size requirement. In addition, all lots meetior exceed the minimum lot width(60 feet)and
depth (100 feet) as required by the R-1 zone district, with the exception of 11 different lots on curved 'or
cul-de-sac streets which do not have the required depth of 100 feet.
Section 12-1011(f)(1) of the Fresno Municipal .Code states that the Planning Commission can modify the
requirements for lot size where appropriate, but in.no case shall more than five percent of the lots be reduced
in size and in no case shall the lots be reduced by more than ten percent. In this case, the eleven lots represent
less than five percent of the lots in the subdivision (12 lots) and the reduction in lot depth represents less than
a ten percent reduction (10 feet). It is also noted that all 11 lots will exceed the minimum lot size requirement
of the R-1 zone district (6,000 square feet). Therefore, staff would recommend that the Planning Commission
approve the proposed reduced lot depth for Lots 9, 34, 50, 61, 70, 72, 122, 171,181, 208, and 210.
The subdivision map, based on the required findings for approval and subject to the recommended conditions
of approval, and the standards and policies of the 2025 Fresno General Plan and Roosevelt Community Plan,
complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval.
Roosevelt Community Plan Advisory Committee
On March 4, 2004, the Roosevelt Community Plan Advisory Committee reviewed the proposed project. By a
unanimous 8-0 vote,the Committee recommended approval of the single family residential portion of the project.
The Committee recommended that the proposed multiple family residential portion of the project be zoned R-2-A
rather than R-2 which would limit the development to no more than one story. The Committee also recommended
that the C-1 zoning for the commercial portion of the project be denied.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 5
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.
Major Street Improvements
The 2025 Fresno General Plan designates South Peach as an arterial street requiring a 110-foot right-of-way
width and designates East Church Avenue as a collector street with a 94-foot right-of-way. The developer will
be required to dedicate and construct improvements including 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 South Peach and East Church Avenues from all residential lots adjacent to
these major street frontages. These street improvements are outlined in more detail in the Vesting Tentative
Tract Map No. 5235/UGM Conditions of Approval dated April 21, 2004.
Streets and Access Points
This subdivision is proposed to have twoaccess points to South Peach Avenue, two access points to East
Church Avenue, and two access points to,South Minnewawa Avenue. The future apartment development
proposes to have two access points to East Church Avenue. The future commercial development will access
South Peach Avenue.'The Public Works Department Transportation Planning Section has reviewed the rezone,
conditional use permit, and tentative tract map applications. 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 Peach and Church Avenues to their ultimate
planned.width.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 4
Water Resources and Public Water Supply
The Water Division of the Public Utilities Department estimates that the proposed residential project will have an
estimated peak water demand of 860 gallons per minute. The nearest presently available water service lines are
located in South Peach and East Church Avenues, adjacent to the site. It has been determined that there is an
adequate source of water available to serve the project with the implementation of UGM service delivery
requirements and environmental impact mitigation measures:
Implementation of the.2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact
Report No. 10130,the Water Resources Management Plan, and the mitigation measures identified by the project
environmental assessment/initial study will provide an adequate,;reliable, and sustainable water supply for the
project's urban domestic and public safety consumptive purposes.
Sewage Collection System Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater
Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment
growth up to a projected population holding capacity of 590,000 people. These improvements have been
completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day
(MGD)which is sufficientto accommodate continued planned urban development including the proposed project.
The Public Utilities Department has determined that the estimated average daily sewage flow generated by this
project is 141,328 gallons per day.. It has also been determined by Public Utilities Department staff that adequate
sanitary sewer service is available to serve the project. The nearest public sanitary sewer mains to serve this
project are located in South Peach and East Church Avenues, adjacent to the project.
California Department of Transportation (Caltrans)
The California Department of Transportation (Caltrans), District 6, Office,of Intergovernmental Relations has
asserted that new development within the Roosevelt Community Plan contributes a substantial number of
additional vehicle trips during the peak hour traffic periods (7:00 a.m. to 9:00 a.m. and 4:00 p.m .to 6:00 p.m.)
which will impact the State Route (SR) 99 interchange at Jensen Avenue. Caltrans estimates that 'this
:development could generate approximately 70 vehicle trips to this interchange during evening peak travel times.
It is noted that the model run prepared by Peters Engineering Group concluded that there would be only 38
vehicle trips to the Jensen/Freeway 99 interchange during afternoon peak periods. 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' 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
y
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 3
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. R-03-55/C-03-191/T-5235 considered potential
environmental impacts associated with the subject.rezone,conditional use permit and 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, Bennett Development, Inc., has filed Rezone Application No. R-03-55, Conditional Use Permit
Application No. C-03-191 and Vesting Tentative Tract Map No. 5235/UGM for 75 acres of property located on
the north side of East Church Avenue between South Peach and South Minnewawa Avenues. The rezone
application is requesting a zone change from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth
Management) and R-A/UGM (Sing/e,Family Residential-Agricu/tura#Urban Growth Management) zone district
to the R-1/UGM(Single Family Residential/Urban Growth Management), R-2/UGM (Low Density Multiple Family
ResidentialAkban Growth Management),and C-1/UGM(Neighborhood Commercial/Urban Growth Management)
zone districts. Vesting Tentative Tract Map No. 5235/UGM is proposing to subdivide a portion of the subject
property into 240 single family residential lots to be developed at a density of 4.4 units per acre. Conditional Use
Permit Application No. C-03-191 proposes to allow for the future development of a 176-unit two story multiple
family residential project on a portion of the subject site.
On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General
Plan which updated the Roosevelt Community Plan. The updated Community Plan designates the subject
property for neighborhood commercial, medium, and medium-low density residential land uses. The applicant
wishes to pursue development of the subject property with 240 single family homes, 176 apartment units, and
commercial development. The requested R-1/UGM and R-2/UGM zone districts conform to the medium density
residential and medium-low density residential land use designations as indicated by the 2025 Fresno General
Plan's "Planned Land Use and Zone District Consistency Matrix" and subject to Sections 12-304-B-23 'and
12-403-B-4 of the Fresno Municipal Code regarding the transfer of residential densities.The requested C-1/UGM
zone district conforms to the neighborhood commercial 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 agricultural and rural residences to the north, south, and east and -
single family residential development to the west. Access to the subject site will be"from South Peach and
East Church Avenues,which are major(arterial and collector)streets and South Minnewawa Avenue. The traffic
generated by this project can be accommodated by the planned circulation system with street improvements
completed by the project as required by development standards, Urban Growth Management (UGM) Service
Delivery policies, and environment impact 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
East Church and South Peach Avenues.
r: b
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-55
Conditional Use Permit No. C-03-191
Vesting Tentative Tract Map No. T-5235/UGM
April 21, 2004
Page 2
PLAN DESIGNATION Proposed R-1/UGM zone district and 240-lot single family residential
AND CONSISTENCY subdivision is consistent with the 2025 Fresno General Plan and
Roosevelt Community Plan designation of the site for medium density
(4.99 to 10.37 units per acre) and medium-low density (2.19 to 4.98
units per acre)residentialland uses. Proposed R-2/UGM zone district
is consistent with the ,medium density and medium-low density
residential plan designations, pursuant to Sections 12-304-B-23 and
12-403-B-4 of the Fresno Municipal Code (Density Transfer
Provision). Proposed C-1/UGM zone .district is consistent with the
neighborhood commercial plan land use designation.
ENVIRONMENTAL FINDING Mitigated Negative Declaration dated April 1, 2004
PLAN COMMITTEE On March 8, 2004, the iRoosevelt Community Plan Advisory
RECOMMENDATION Committee, by a vote of 8 to 0, recommended approval of the
single family residential portion of the project, recommended
that the apartment development be rezoned to the R-2-A (Low
Density Multiple Family Residential-one story) rather than the
R-2 (Low Density Mu/t�ple Family Residential) zone district and
recommended denial of the proposed C-1 (Neighborhood
Commercial) zone district.
STAFF RECOMMENDATION Recommend approval of rezone application and approve conditional
use permit application and vesting tentative tract map subject to
compliance with the Conditions of Approval for T-5235/UGM dated
April 21, 2004
BORDERING PROPERTY INFORMATION
A. k
Planned Land Use Existing Zoning Existing Land Use
North Public Facility, AE-5/U;GM Agricultural (USDA)
Medium-Low Density Residential, Exclusive Five Acre
and Low Density Residential Agricultural/Urban Growth
Management
R-A/UGM/R-M
Single Family Residential-
Agricultural/Urban Growth
Management/Residential Modifying
South Medium-Low Density Residential, AE-5/UGM Elementary School
Elementary School, Exclusive Five Acre Agricultural/ and Agricultural
Neighborhood Park Urban Growth Management
East Medium-Low Density Residential AE-5 Agricultural
Exclusive Five Acre Agricultural
West Medium Density Residential. R-1/UGM Single Family Residential
Single Family ResidentiaVUrban
Growth Management
ME. AE-20
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VICINITY MA
AP PLANNING & DEVELOPMENT
VESTING TENTATIVE TRACT NO. 5235 N DEPARTMENT
CONDITIONAL USE PERMIT NO. C-03-191 fi; A.P.N.: 481-020-49S,50S 58S.59S
FILO N= APPLI WO N NO . R03-055
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
April 21, 2004
VESTING TENTATIVE TRACT MAP NO. 5235/UGM
North side of'East Church Avenue between South Peach and South Minnewawa 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.
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 approval or conditional approval of Vesting Tentative Tract Map No. 5235/UGM entitled
"Exhibit A," dated February 27, 2004, the subdivider may prepare a Final Map in accordance
with the approved tentative map.
D2. 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.
n3. 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.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 2
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.
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 subdividers 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.
Relinquish access rights to South Peach and East Church Avenues from all residential lots
which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code.
��, CCtj
X10. Relinquish direct vehicula?"�righ�s to:
an The street side yard of proposed Lot 1 from East Florence Avenue.
Pb.lb. The street side yard of proposed Lot 4 from East Geary Avenue.
!2 Fr B '►'J
C. The street side yard of proposed Loth from South Waldby Avenue.
d. The street side yard of proposed Lots 106 and 240 from South Lind Avenue.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 3
ee.. The street side yard of proposed Lot 228 from South Minnewawa Avenue.
.f. South Waldby Avenue and South Lind Avenue from the multi-purpose trail to be
constructed along the southerly side of Fancher Creek; and to Outlot A from South
Homsy and South Waldby Avenues and Lots 62, 63, 70, 71, 81, 82, 96, 97, and 98.
Lots 142,143, 152-154, 156, 157, 162,163, 173, 174,180, 181 and Outlot D from the
multi-purpose trail to be constructed along the southerly side of Fancher Creek.
Landscaping and Walls
11. Pursuant to the 1990 Master Multi-Purpose Trails Manual Policy Nos. 3.2.2, 3.2.3, and 4.3.1,
pursuant to the.2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-d,
E-15-e, E-15-k, E-15-x, within the limits of the tract, the developer/owner shall construct
appropriate improvements or provide appropriate security for the improvement of the entire
25-foot wide multi-purpose trail to be constructed on the southerly side of Fancher Creek
within Outlot C.
12. Pursuant to Roosevelt Community Plan Policy No. 1-17.1 the developer/owner shall
designate and develop at least 5 percent of the total project area for public or private open
space such as lakes, community recreation or passive open space. Alternatively, an
equivalent amount of area may be provided in conjunction with approved public or quasi
public open space within one quarter mile of the development.
The city is currently processing a plan amendment to the above-noted policy of the Roosevelt
Community-Plan to allow for the payment.of fees for open space-park purposes in lieu of the
actual development of the required 5 percent open space. If this amendment is approved
prior-to the approval of a final map for Vesting Tentative Tract No. 5235, then this option
would be available for this project.
13. Provide a 15-foot landscaped easement (and irrigation system) along the rear property lines
of all lots which back-onto South Peach Avenue and along the rear or side property lines of
all lots which back or side-onto East Church Avenue.
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.
14. Maintenance of the required landscaped easements located along South Peach Avenue and
East Church Avenue, the multi-purpose trail (Outlot C), Outlot D, and the segment of the
6ja 2 i4o, multi-purpose trail between Outlot C and Peach Avenue may be the responsibility of the city's
Landscaping and Lighting Maintenance District. Contact 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.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 4
15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities
District No. 2, he shall be required to provide the City of Fresno, Department of Public Works,
with copies of signed acknowledgments from each purchaser of a lot (Including Outlot E)
within the subdivision, attesting to the purchasers understanding that the lot will have an. -
annual landscaping maintenance assessment and that he/she is aware of the estimated
amount of the assessment.
16. Should the City Council not approve'the annexation of such landscape areas then the
property owner/developer shall create a homeowner's association.for the maintenance of the
landscape areas and proposed private streets, utilities and.walls/gates. The proposed
Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed
instruments for the.homeowners association shall be submitted to the Planning and
Development Department for review two weeks prior to final map approval. Said documents
shall be recorded with the final map or alternatively submit recorded documents or documents
for recording prior to final acceptance of subdivision improvements. Said documents shall
include assignment of responsibility to the homeowners association for landscaping and other
provisions as stated in the Planning and Development Department Guidelines for preparation
of CC&R's dated January 11, 1985.
17. 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.
;"'77 Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots
which back or side onto South Peach and East Church Avenues (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
19. Building setbacks shall.be in accordance with the R-1/UGM zone district standards as shown
on Exhibit "A" of Tentative Tract No. 5235/UGM dated February 27, 2004, and the provisions
of Section 12-207.5-E-1-c of the Fresno Municipal Code and shall include a 10-foot side yard
building setback on the key lot side of Lots 9, 113, 154,197, 211 and Outlot D pursuant to
Section 12-1011(f)(4) of the Fresno Municipal Code.
Information
20. 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.
21. 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 Map No. 5235/UGM
April 21, 2004
Page 5
22. 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.
23. 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.
24. 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.
r
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.
25. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made
of any lot or parcel of land upon which there is an unpaid special assessment levied under
any State or local law, including a division into condominium interest as defined in Section
783 of the Civil Code, the 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;
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 6 '
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 wh.ich 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.
26. 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.
27. Solid waste disposal for the subdivision `shall be provided by the City of Fresno in accordance'
with the attached memorandum from the Solid Waste Division dated March 23, 2004.
PARK SERVICE ,
28. The developer/owner shall comply with the requirements in the attached memorandum from
'--" the Parks Division dated March 18, 2004, for Vesting Tentative Map No. 5235/UGM.
Urban Growth Management Requirements
29. 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
30. Fire service will be provided by County of Fresno Fire Station No. 87 and is within the service
area of future City of Fresno Fire Station No. 15. Provide residential fire hydrants and fire
flows per Public Works Standards with two sources of water.
31. Access is acceptable as shown. There shall be at least two points of access to the
subdivision during construction.
t
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.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 7
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, 8-801 and Resolution
No. 78-522/88-229.
37.' The subdivider shall construct an underground street lighting system per Public Works
7 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 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.
a
Major Streets
East Church Avenue (Collector)
40 Dedicate 47-55 feet of property, from section line, for public street purposes within the limits
of this tract to meet City of Fresno collector street standards (Including Outlot E).
9
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 8
4 41. Construct concrete curb, gutter, 10-foot residential sidewalk pattern, and 20 feet of
permanent paving (measured from face of curb) within the limits of this subdivision (excluding
Outlot E) including a 5-foot wide striped bike lane.
42. Construct an underground street.lighting system to Public Works Standard E-1 within the -
7- limits of this tract. Spacing and design shall conform to Public Works Standard E-8 for
collector streets.
43. Relinquish direct vehicular access rights to East Church Avenue from all lots within this tract.
v
South Peach Avenue (Arterial)
144. Dedicate 55-57 feet of property, from section line, for public street purposes within the limits
of this tract to meet City of Fresno arterial street standards.
45. Construct concrete curb, gutter, 10-foot residential sidewalk pattern, and 20 feet of permanent
"- paving (measured from curb face) within the limits of this tract, including a 5-foot wide striped
bike lane and transition paving as necessary as determined during plan review.
F
,.2&46, Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to Public Works Standard E-7 for arterial
streets.
47. Relinquish direct access rights to South Peach Avenue from all lots within this tract.
Interior Streets
R48.• Design and'con struct concrete curb, gutter, sidewalk (both sides), permanent paving, cul-de-
TV T. sacs and underground street lighting systems on all interior local streets to Public Works
Standards. Sidewalk patterns to comply with Public Works Standards for 50 and 54 foot local
streets.
49. Any dead-end streets created by this subdivision shall be,properly barricaded in accordance `
with Pubic Works Standard P-44.
East Geary Avenue
t/50. Dedicate 45 feet of property(27 feet south and 18 feet north of centerline) for public street
purposes from Peach Avenue to the west property line of lot 38, to the current City of Fresno
Local Street Standards.
Ck51. Construct concrete curb, gutter and sidewalk(south side) to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 7-foot residential pattern.
s
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 9
Construct 36 feet of permanent paving (measured from face of curb) from Peach Avenue to
- the west property line of lot 38.
l 53. Construct an underground street lighting system to Public Works Standard E-2 within the
1 limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for
`local streets.
South Minnewawa Avenue
r
�54.� Dedicate 27 feet of property,east and west of section line, (54 foot street) for public street
purposes within the limits of this subdivision to meet the current City of Fresno Local Street - --
Standards.
55. Construct concrete curb and gutter (east and west side) and sidewalk(west side) to Public
Works Standard P-5. The sidewalk pattern shall be constructed to a 7-foot residential
pattern.
56. Construct 20 feet of permanent paving along both sides of the street within the limits of this
subdivision.
J � 57. Construct an underground street lighting system to Public Works Standards E-2 within the
limits of the this subdivision. Spacing and design shall conform to Public Works Standard E-9
for local streets.
Specific Requirements
58. A minimum of two points of vehicular access to the.major streets shall be provided for any
phase of the development.
59. Right-in/Right-out only movements shall be permitted at the intersection of South Peach and
i East Geary Avenue.
60. The intersection of South Peach and East Florence Avenue shall be designed with a full
median opening to allow for left-in and left-out movements.
61 Vacate the existing 80-foot alignment of East Florence Avenue within this subdivision.
62. The tract generates more than 100 peak hour vehicle trips and, therefore, in accordance with
the mitigation measures of the 2025 Fresno General Plan Mester Environmental Impact
Report No. 10130, a Traffic Impact Study (TIS) must be prepared. In lieu of a Traffic Impact
Study, the developer has the option of voluntarily paying an impact fee specific to Major
Street Intersection Traffic Signalization.
63D Construct a separate east bound left tum and right turn lane at the intersection of Peach and
Butler.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 10
(64. Construct a 4-foot wide paved pedestrian walkway on Church Avenue from the westerly
boundary of the subdivision to Peach Avenue and on Peach Avenue from the southerly
boundary of the subdivision to Church Avenue.
Urban Growth Management Requirements
65. Dedicate and construct the two 17-foot center section 'travel lanes within Church Avenue from
the easterly boundary of the subdivision to Peach Avenue.
66. Dedicate and construct the two 17-foot center section travel lanes within Peach Avenue from
�— the northerly limits of the subdivision to East Florence Avenue. Details of said street shall be
depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate
arterial standards and any other grading or transitions as necessary based on a 45-mph
design speed.
A,(, 67. Construct a raised median island to accommodate.a full opening (150-foot left turn pocket) at
the intersection of Peach and Florence Avenues.
68. Install a signal-pole and a 150 watt safety light at the northeast corner of Peach and Church
Avenues,
SANITARY SEWER SERVICE
The nearest existing sewer mains.are a 12-inch sewer main in South Peach Avenue, south of the
subject property, and a 54-inch sewer main in West Church Avenue, adjacent to the subject property.
The following conditions are required to provide sanitary sewer service to the tract.
69. Extend the existing 12-inch sewer main in Peach Avenue within the limits of the subject site.
A10.20. Extend a 10-inch sewer main in South Minnewawa Avenue from Church Avenue north within
the limits of the subject site.
71. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to,
each lot created.
72. Separate sewer house branches shall be provided to each lot created within the subdivision.
73. -All public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications and policies.
74. A preliminary sewer design layout shall be submitted for review and Department of Public
Utilities approval prior to submitting engineered improvement plans for City approvals.
I
1.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
6 Page 11
75. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted
for Department of Public Utilities.review and approval for proposed additions to the City sewer
system.
Urban Growth Management Requirements
76. Sewer connection charges are due and shall be paid for the project:
WATER SERVICE
There is an existing 14-inch water main in South Peach Avenue, adjacent to the subject site and a
14-inch and 16-inch main in East Church Avenue, adjacent to the subject site. The following
conditions are required to provide water service to the subdivision.
!� 77. Extend the existing 14-inch main in South Minnewawa Avenue from Church Avenue, north
across the frontage of the subject site..
78. Extend an 8-inch water main across Fancher Creek at the South Waldby Avenue alignment. -
r79.- Construct a water supply-well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall
be capable of producing a flow amount to meet a total demand.of 1,000 gallons per minute,
sufficient to serve peak water demand for the project and for fire.suppression purposes, or an
alternative flow amount that is acceptable to the Public Utilities Director and.Fire Department-
Chief (or.their designees). Well sites shall be of a size and at a location acceptable to the
Water Systems Manager. The cost of acquiring the well site and construction of the well shall
be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with
established UGM policies.
80. Water well construction shall include wellhead treatment facilities, if required. The cost of
-� constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment
Service Area Fund 501 s, in accordance with established UGM policies.
81. Two independent sources of water, meeting Federal and State Drinking Water Act Standards,
are required to serve the tract including any subsequent phases thereof. The two-source -
requirement may be accomplished through any combination of water main extensions,
construction of supply wells, or other acceptable sources of water supply approved by the
Water Systems Manager.
}
82. Water mains (including fire hydrant) shall be extended within the proposed tract to provide
water service to each lot created.
0 83. Separate water services with meter boxes shall be provided to-each lot created within the
subdivision.
CONDITIONS OF APPROVAL Y
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 12
84. All public water facilities shall be constructed in accordance with City of Fresno standards,
.177 specifications, and policies.
85. The subdivider shall pay the appropriate fee for installation of water service and/or water
meters.
86. Installation of public fire hydrant(s) is required in accordance with City standards.
87. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted
for Department of Public Utilities review and approval for proposed additions to the City Water
System.
88., 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
89. 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)
90. The developer of property located within the UGM boundaries shall comply with all sewer,
r---,-..` 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.
91. The developer will be.responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM improvements.
Right-.of„Way Acquisition
r92 a 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.
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 13
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
theCity 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
93. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Fresno Municipal Code Chapter 13, Article 13.
n94. The subdivider shall be required to comply with the specific requirements imposed by the
Fresno Metropolitan Flood Control District(FMFCD) for the subdivision or any amendments or
modifications to those requirements which may be granted by the FMFCD Board of Directors,
pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are
identified in the District's letter to the Planning and Development Department dated April 19,
2004.
95! Any temporary ponding basins constructed or enlarged to provide service to the subdivision
r�
shall be fenced in accordance with City standards within seven days from the time the basin
becomes operational or as directed by the City Engineer. Temporary ponding basins will be
created.through a covenant between the City and the Developer prior to final map approval.
Maintenance of the temporary ponding basin shall be by the Developer until permanent
service for the entire subdivision is provided.
FRESNO IRRIGATION DISTRICT
96. The developer/owner shall comply with the requirements in the letter from the Fresno
Irrigation District dated March 16, 2004, for Vesting Tentative Map No. 5235/UGM.
CONDITIONS OF APPROVAL.
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 14
;I
AIR QUALITY
97. 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. 5235/UGM:
DEVELOPMENT FEES AND CHARGES
98. 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/Hour
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE
g. Metropolitan Flood Control District Fee * Contact FMFCD for new
Rates increased as of March 1, 2004
SEWER CONNECTION CHARGES FEE RATE
h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth)
I. Oversize Charge $0.05/sq. ft. (to 100-foot depth)
j. Trunk Sewer Charge $344/living unit
Service Area: Fowler
k. . Wastewater Facilities Charge $2,119/living unit
I. House Branch Sewer Charge n/a
e
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 15
r°
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 $507/living unit
Service Area: 501-S
S. Well Head Treatment Fee $207/living unit
Service Area: 501
t. Recharge Fee $61/living unit
Service Area: 501
U. 1994 Bond Debt Service $244/living unit
Service Area: 501
DEVELOPMENT IMPACT FEE FEE RATE .
V. Northeast Fresno Policing Area n/a
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
w. UGM Fire Station Capital Fee $605/gross acre®-1)
Service Area: 15 $2277/gross acre®-2)
X. UGM Park Fee $1650/gross acre®-1)
Service Area: 2 $3300/gross acre ®-2)
y. Major Street Charge $2180/adj. acre
Service Area: D-1/E-2
CONDITIONS OF APPROVAL
Vesting Tentative Map No. 5235/UGM
April 21, 2004
Page 16
Z. Major Street Bridge Charge $210/adj. acre
Service Area: D-1/E-2
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
K1Common\Master Files-20031'REZONEIR-03-055,C-03-191,T-5235-Lamonica Map-DEBIT-5235 COA.wpd
i
OFFICES OF
I, #
/A\ �I►�TI`��IC� �
PHONE(559)233.7161
FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725-2218
Your Most Valuable Resource-Water
March 16, 2004
Mr. David Braun
City of Fresno
Planning & Dev. Depart.
2600 Fresno Street, Room 3043
Fresno, California 93721-3604
RE: Vesting Tentative Tract Map No. 5235/UGM Rezoning Application No. R-03-55 and
Conditional Use Permit No. C-03-19
Dear Mr. Braun
FID's comments and requests are as follows:
1. The subject canal is known as, FID's Central No. 23 Canal.
2. FID's Central No. 23 Canal traverses the proposed project area as'shown on the enclosed
map.
3. FID requests that the applicant grant an exclusive pipeline easement to FID and pipe the
Central No. 23 Canal across the proposed development in accordance with FID standards,and
that the applicant enters into an agreement with FID for that purpose. The applicant will need
to meet with FID to determine the pipeline alignment and required pipeline diameter.
4. FID requests that the applicant be required to submit a grading and drainage plan for FID
approval which shows that the proposed development will not endanger the structural
integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the
applicant.
5. FID requests that it be made a party to signing all plans that affect its canal/pipeline and
easement.
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 cr fresnoirrigation.com.
Sincerely,
FRESNO IRRIGATION DISTRICT
a '%`
Selina Adams
Engineering Assistant
File: Agencies/City/VTTM 5235 UGM RA No. R-03-55 and CUP No. C-03-19
r
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
TO: Robert Lewis, Supervising Planner
Development Department
FROM: PETE ROCCO, Parks Supervisor II(621-2925)
DATE: March 18, 2004
Subject: Tentative Subdivision Map T-5235 Location:Northeasticorner of South Peach and East Church
Avenues.
The Parks Department has reviewed the Vesting Tentative Subdivision Map drawn by GARY G.
GIANETTA, CIVIL ENGINEERING &LAND SURVEY;2/11/04. 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:
E. Geary Ave. Ginkgo biloba `Autumn Gold'or`Fairmont' (Maiden Hair)
E. Florence Ave. Pistacia chinensis(Chinese Pistache)
• E. Truman Ave. Nyssa sylvatica(Black Tupelo)
E. Belgravia Ave. Celtis australis(European Hackberry)
E. Tower Ave. Sophora japonica(Japanese Pagoda Tree)
E. Church Ave. Quercus lobata(Valley Oak)
S. Adrain Ave. Brachychiton poluneum'(Bottle Tree)
S. Bush Ave. Koelreuteria pan iculata (Goldenrain Tree)
S. Ceaser Ave. Quercus agrifolia(Interior Live Oak)
S.Homsy Ave. Fra.Cinus a. 'autumn applause'(Autumn Applause Ash)
S. Walby Ave. Podcarpus 'gracillior`(Fern Pine)
S.Villa Ave. Celtis 'austrailis' ( European Hackberry)
S. Orangewood Blvd. Quercus rubra(Red Oak) ,
S.Lind Ave. Sapium sebiferum (Chinese Tallow)
S. Rachel Ave. Quercus'virginiana'(Virginiana Oak)
S. Martha Ave. Nyssa sylvatica(Black Tupelo)
S. Minnewawa Ave. Frarinus 'autumn purple'(Autumn Purple Ash)
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
be reviewed and approved by the Parks, Recreation and Community Services Department. A
e
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 1' 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 andlandscape 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.
I
Parks,Recreation and Community Services- ;artment March 17,2004
T-5295 Page 3
3. UGM REQUIREMENTS
The project is in UGM Zone#2. Please assure that all Parks UGM.fees are collected as allowed by FMC.
The nearest regional park,to the site is Roeding Park. The nearest neighborhood park is located at Sunnyside and
Butler. An additional neighborhood park is proposed at S. Peach and E. Church 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 B'-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. .
c
City of
Inl5lnr-%-ILI��li�
Department of Public Utilities
Solid Waste Division
1325 E. EI Dorado Fresno, California 93706-2014
(559) 621-1452
www.fresno.gov
March 23, 2004
TO: Dave Braun, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations
Department of Public Utilities, Solid Waste Division
FROM: Donna Leslie, Staff Assistant'�7t
Department of Public Utilities, Solid Waste Division
SUBJECT: TT 5235, Solid Waste Conditions of Approval
The Department of Public Utilities, Solid Waste Division,has completed a review of Tentative
Tract Map 5235, which was submitted by Gary G. Giannetta on behalf of Bennett Development,
Inc. The following requirements and conditions are to be placed on this tentative tract map as a
condition of approval by the'Department of Public Utilities.
General Reguirements:
• Tract 5235 will be serviced as Single Family Residential properties with Basic Container
Service. Property owners will receive 3 containers to be used as follows: 1 Gray container
for solid waste, 1 Green container for green waste and 1 Blue container for recyclable
material.
• The owners, lessees or other tenants of the residential dwellings on service day, before 6:00
a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet
apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid
Waste Management Division Standards.
• 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.
w .
Special Conditions:
• There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste
service day. This pertains to any lot that is in whole or part of a cul-de-sac.
• The following streets and lots'shall be clear of all vehicles before 6:00 a.m.on the solid
waste service day.
South Waldby, lots 61, 62 , 63, 141, 142 and 143
South Homsy, lots 70, 71 and 72
South Caesar, lots 81, 82 and 83
South Bush, lots 95, 96, 97, 98 and 99
East Tower, lots 12-2, 123, 124, 125 and 126
East Truman, lots 155, 156, 157, 158 and 159
South Lind, lots 162 and 163
South "B" , lots 171, 172, 173, 174 and 175
South Martha, lots 180 and 181
J:\Conditions of Approval_TT5235.wpd
San Joaquin Valley
Air Pollution Control District
March 15, 2004 Reference No. 125DEV2004
Dave Braun
Planning and Development Dept.
2600 Fresno St., Third Floor
Fresno Ca 93721
Subject: T-5235, R-03-55, C-03-191 (APN 481-020-49s, -50s, -58s, -59s)
-Dear Mr. Braun:
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.
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.valleyair.org/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.
Mr. Braun March 15, 2004
T-5235, R-03-55, C-03-191 Page 2
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 8011-8081)- 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.
Rule 4101 (Visible Emissions) This rule prohibits emissions of visible air contaminants to the
atmosphere and applies to any source operation which emits or may emit air contaminants. The
applicant is must contact the District's Small Business Assistance Office at 230-5888 to receive
additional information/instructions.
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.
• 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.org http://www.urbantree.or-q
http://www.lgb.org/bookstore/energv/downloads/siv treeguidelines.pdf
• 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. 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
Mr. Braun March 15, 2004
T-5235, R-03-55,'C-03-191 Page 3
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
"n 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 in
anticipation of future growth.
Specifically: Pedestrian accesses should be built to allow pedestrian movement from the
residential areas to the Fancher Creek Trail. Also, mid-block paths should be installed to
facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. A
potential location for a mid-block path is between lots 194/216 and 193/217.
• As many energy-conserving features as possible should be included in the design/construction of the
project. Examples include (but are not limited to):
For Commercial and Residential
Increased wall and ceiling insulation (beyond building code requirements)
Energy efficient widows (double pane and/or coated)
High-albedo (reflecting) roofing material. See http://eetd.Ib1.gov/coolroof/
Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html
Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/
Energy efficient lighting and appliances. See http://www.energVstar.gov/
Awnings or other shading mechanism for windows
Porch/Patio overhangs
Ceiling fans
Low or non-polluting landscape maintenance equipment(e.g. electric lawn mowers, reel mowers,
leaf vacuums, electric trimmers and edgers, etc.)
Orient the units to maximize passive solar cooling and heating when practicable
- Utilize passive solar cooling and heating designs.
See http://www.eere.energy.gov/RE/solar passive.html
- Electrical outlets around the exterior of the units to encourage use of electric landscape
maintenance equipment
Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site,
etc.
For Residential
- Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters)
Energy efficient heating/cooling systems (such as radiant heating system)
Whole house fans
Pre-wire the units with high speed modem connections/DSL and extra phone lines
Natural gas fireplaces (instead of traditional open-hearth fireplaces)
Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues `
Low or non-polluting incentives items should be provided with each residential unit (such items could
include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
For Commercial
Bicycle parking facilities for patrons and employees in a covered secure area
Employee shower and locker areas for bicycle and pedestrian commuters
On-site employee cafeterias or eating areas
More information can be found at:
' htto://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index.htmI
Mr. Braun March 15, 2004 -
T-5235, R-03-55, C-03-191 Page 4
• The tenant(s) in the commercial area should implement programs that further reduce air pollution in
the valley such as encourage employees to rideshare or carpool to the project site to reduce the
amount of vehicle traffic to and from the project area. This could include provisions of preferential .
parking spaces for employees who participate in carpooling or vanpooling, incorporating a
compressed workweek schedule, or incentives for employees who use alternative transportation.
Check out the "Spare the Air' section of our website www.vallevair.org
• 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.orq/, http://rredc.nrel.gov/, http://wwW.energy.ca.gov/renewables/
• . Construction activity mitigation measures include:
Require construction equipment used at the site to be equipped with catalysts/particulate traps to
reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur
diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number
of these devices for.•,installation in several diesel engine families to reduce particulate emissions. At
the time bids are made, have the contractors show that the construction equipment used is equipped
with particulate filters and/or catalysts or prove why it is infeasible.
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.
• If TRU's (truck refrigeration units) will be utilized, provide an alternative;energy source for the TRU to
allow diesel engines to be completely turned off.
• The applicant/tenant(s) should 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,
Chrystal Mer
CEQA Commenter
Central Region
Ztor R. Gu ra
Senior Air Quality Planner
Enclosures
c:file
rr STATE OF CALIFORNIA—BUSINESS.TRANSPORT,' N AND HOUSING AGENCY ARNOLD SCHW ARZENEGGER.Govemor
• ,n
DEPARTMENT OF TRANSPORTATION
d 1352 WEST OLIVE AVENUE e
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666 Flex our ower!
FAX (559)488-4088 Be energy eJftcienl!
TTY (559)488-4066
March 16, 2004
213 1-IGR/CEQA
6-FRE-180-62.4+/-
R-03-55, C-04-191 & T-5235
BENNETT DEVELOPMENT
Mr. David Braun
City of Fresno Development Department
2600 Fresno Street, Third Floor .
Fresno, CA 93721-3604
Dear Mr. Braun:
We have reviewed the rezone, use permit and tract map proposing a 240-lot single-family
residential project on the northeast corner of-South: Peach and East Church Avenues'.
Caltrans has the following comments:
It is estimated that this development would likely generate:approximately 352 .residential
trips during the peak evening travel times. It is further estimated that approximately 20%
of these trips (70 trips) would impact the State Route (SR) 99/Jensen Avenue interchange.
Due to the land use changes the City has approved for the area -east of SR 99 between
Church and Jensen Avenues, the SR 99 interchange at Jensen will likely need
improvements in the future in order to serve the new industrial development in the area.
Caltrans urges the City to develop' a program that will provide mitigation to the State
Highway System.
It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will
produce 100 or more peak-hour trips 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, 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
t
"Caltrans improves inability across California"
e
Mr. David Braun
March 16, 2004
Page 2
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.
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 public record for this project and
that a copy of ou.rletter be included in the staff reports for both the City Council and the
Planning Commission. This,will provide the decision-making body and the general public
with a complete and accurate environmental evaluation for the project.
Please send a 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,
d1�
MOSES STITES
Office of Transportation Planning
District 6
Enclosure
C: Mr. 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"
t
CITY OF FRESNO MITIGATED NEGATIVE DECLARATION
RECEIVED
D
Initial Study-is on file in the Planning and Environmental
Development Department, City Hall k Assessment Number: Z��� t'APR — �rs
� 8' 37
2600 Fresno Street, Fresno, California 93721 R-03-55/C-03-191/T-5235
CITY CLERK, F
559 621-8277 ^r,ESt�O
APPLICANT: Bennett Development Inc. Assessor's
777 S. Ham Lane, Suite L Parcel Number:
Lodi, California 95241 481-020-49, 50, 58, 59
PROJECT DESCRIPTION AND LOCATION: Rezone Application No. R-03-55, Filed with:
Conditional Use Permit No. C-03-191 ..and Vesting Tentative Tract Map No. REBECCA E. KLISCH, City Clerk
5235/UGM pertain to approximately 75 acres of property located on the north side 2nd Floor- City Hall
of East Church Avenue between South Peach and South Minnewawa Avenues. The 2600 Fresno Street
rezone application proposes to rezone the property from the AE-5/UGM(Agricultural Fresno, California 93721-3603
Exclusive-five acre minimum/Urban Growth Management)and R-A/UGM (Single
Family Residential-Agriculture/Urban Growth Management) zone districts to the
R-1/UGM (Single Family Residential/Urban Growth Management), R-2/UGM (Low
Density Multiple Family Residential/Urban Growth Management) and C-1/UGM
(Neighborhood Commercial/Urban Growth Management) zone districts. Vesting
Tentative Tract No. 5235/UGM proposes to subdivide approximately 55 acres of the
subject property into a 240-lot(plus five outlots)single family residential subdivision
to be developed at a density of approximately 4.4 units per acre. Conditional Use
Permit No. C-03-191 proposes to allow for the future development of a 176 unit two
story apartment project on approximate) 11-.4 acres of the subject property.
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 categorywhich
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 bythis 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: David Braun SUBM T ED BY:
Planner III
DATE: April 1, 2004 GILBERT J. HARD, Plannin anager
PLANNING AND DEVELOPMENT DEPARTMENT
j
ENVIRO," CENTAL ASSESSMENT (EA) CHr <LIST
PCS fENTIAL ENVIRONMENTAL EFFECTb
EA No. R-03-55, C-03-191, T-5235
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
2 '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 1 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 13.4- Architectural,incompatibility with surrounding area
endangered species
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
1 14.2 Construction or activity incompatible.with adjacent
5.0 ANIMAL LIFE 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 6_0 HUMAN HEALTH of energy
1 15.3 Wasteful use of energy
7.0 NOISE
1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS
1 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
The proposed project will not have an adverse environmental .
9_0 LAND USE 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 category is not applicable to the
1 9.3 Induces unplanned growth particular project under consideration.
1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect
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
2 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 effecton
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. R-03-5,5/ C-03-191/T-5235
PROJECT DESCRIPTION
Rezone Application No. R-03-55; Conditional Use Permit No. C-03-191 and Vesting Tentative Tract Map
No. 5235/UGM, filed by Bennett Development Inc., pertain to approximately 75 (gross) acres of property
located on the north side of East Church Avenue between South Peach and South Minnewawa Avenues.
The rezone application proposes to rezone the subject property from the AE-5/UGM (Agricultural
Exclusive-five acre minimum/Urban Growth Management) and R-A/UGM (Single Family Residential-
Agricultural/Urban Growth Management) zone districts to the R-1/UGM (Single-Family Residential/Urban
Growth Management), R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)
and C-1/UGM (Neighborhood Commercial/Urban Growth Management)zone districts. Vesting Tentative
Tract No. 5235/UGM proposes to subdivide approximately 55 acres of the subject property into 240 single
family residential lots (approximately 4.4 dwelling units per acre). Conditional Use permit No. C-03-191
proposes to allow for the future development of a 176-unit two story multiple family residential development
on approximately 11.4 acres of the subject property.
Bordering Property Information
�#� Planned Land Use Existing Zoning Existing Use
North Low Density Residential, AE-5/UGM Agricultural
Medium Low Density Residential (Exclusive-five.acre
and Medium Density Residential agricultural/Urban Growth
Management)
R-A/UGM/R-M
(Single Family Residential-
Agricultural/Urban Growth
Management/Residential ?
Modifying).
South Medium Low Density Residential AE-5/UGM Elementary School
Elementary School (Exclusive-five acre and Agricultural
Neighborhood Park agricultural/Urban Growth
Management) "
East AE-5(Exclusive-five acre Agricultural
Medium Low Density Residential Agricultural)
West Medium Density Residential R-1/UGM Single Family
(Single Family Residential
Residential/Urban Growth
Management)
INITIAL STUDY
Environmental Assessment No. R-03-55, C-03-191, T-5235
Page 2
April 1, 2004
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 City of Fresno's adopted Sphere of Influence and Urban Boundary
area and is planned for neighborhood commercial, medium low,density residential and medium density
residential land uses by the Roosevelt Community Plan, updated in 2002, and the 2025 Fresno General
.Plan, 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 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 across-drainage covenant must be executed with affected adjoining
property owners.
INITIAL STUDY
Environmental Assessment No. R-03-55, C-03-191, T-5235
Page 3
April 1, 2004
2.0—AIR QUALITY; 2.1—Substantial Indirect Source of Pollution
a-
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.
• SO2. 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.
• H2S. (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 "everyfeasible 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
k'
r.
INITIAL STUDY
Environmental Assessment No. R-03-55, C-03-191, T-5235
Page 4
April 1, 2004
by 25%; 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.
URBEMIS 2001 AIR QUALITY IMPACTS'"
All data in tons/year ROG NOX CO PM10 SOX
Area Source Emissions 2.22 0.55 0.54 0.00 0.01
Operational Emissions 7.68 9.39 93.14 0.33 0.06
Totals 9.90 9.94 93.68 0.33 :0.07 ..
Level of Significance or 10 10 100 14.6 27.375
Requirements for Offset
"Based on 240 single family residential units
The URBEMIS 2001 model projections indicate that the proposed project will not exceed the threshold.
limits for the emissions listed. This particular analysis included the prohibition of wood burning devices.
It also included the mitigation measures which are listed below.
A pedestrian/bicycle/equestrian trail is required along Fancher Creek which bisects the site, as a mitigation
measure to provide a means of alternative transportation. Other mitigation measures in addition to the trail
are required sidewalks and pedestrian paths, pedestrian connections, lighting and other safety features
for pedestrians and cyclists, street lighting and appropriate signage and signalization that will promote
pedestrian and other modes of transportation. To provide continuous travel, bike lanes are also required
on South Peach and East Church Avenues.
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 Unified 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.
sp
INITIAL STUDY
Environmental Assessment No. R-03-55, C-03-191, T-5235
Page 5
April 1, 2004
The 2025 Fresno General Plan and the Roosevelt 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
fac.ilitate 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 airquality 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.
3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Project Use
.The adverse groundwater conditions of limited supply and compromised quality have been Well-
documented by planning, environmental impact report, and technical studies over the past 20 years
including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR
No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource
Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron,
and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge
capacity; and, intensive urban 'or semi-urban development occurring upgradient from the Fresno
Metropolitan Area. The proposed project places additional demand upon peak water use capacity. The
proposed project must contribute to short-term and long-range water supply and distribution remediation
projects in order to adequately address this deficiency.
In response to the need for a comprehensive long-range water supply and distribution strategy 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 benefitting the urban reserve area.
a
i• '
INITIAL STUDY >,
Environmental Assessment No. R-03-55, C-03-191, T-5235
Page 6
April 1, 2004
The Water Division of the Public Utilities Department estimated that the proposed combined single-family
residential, multiple family residential and commercial development will have an estimated peak water
demand of 860 gallons per minute. In accordance with the provisions of the 2025.Fresno General Plan and
Master EIR No. 10130 mitigation measures, project specific water supply and distribution requirements must
assure that an adequate source of,water is available to serve the project with the implementation of the
mitigation measures noted below and are required to be implemented by the attached mitigation monitoring
checklist. In summary,these'mitigation measures require participation in the development of a water supply
and distribution system equal to the project's estimated water consumption.
Implementation of the 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.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the water 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 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.
4.2—Reduction in Acreage of Agricultural Crop
The subject site currently has crops on it and has been historically utilized for agricultural purposes. The
proposed urban development of the project area will result in the elimination of agricultural opportunities
in the future. However, the site is located within the City of Fresno's Sphere of Influence and has been
considered appropriate for urban development by a succession of long-range general plans for the
metropolitan area over the past 39 years.
The 2025 Fresno General Plan and updated Roosevelt Community Plan identified the project site as being
appropriate for urban uses, particularly for commercial, medium and medium low density residential uses.
Urban development of the site is now appropriate for consideration although development of the subject
site will result in the loss of existing agricultural uses. Previous environmental studies have examined the
effects of the loss of agricultural lands and concluded that agricultural lands within the immediate urban
area as. a whole may be considered to be less valuable for continued long-term agricultural use than
alternative areas outside of the metropolitan area. While urban development of the existing agricultural land
within the City of Fresno's' planned urban boundary is considered to be irreversible, it allows the
implementation of more.effective water resource and air quality mitigation measures that reduce impacts
upon agricultural activities. This consideration is particularly important when contiguous urban development
is compared with the alternative of the inefficient and discontinuous patterns of rural and low-density
residential development that have occurred within urban fringe areas.
s Y"' INITIAL STUDY
Environmental Assessment,No. R-03-55, C-03-191, T-5235
Page 7
April 1, 2004
In addition, the mitigation measures will include the requirement that a "right-to-farm" notice shall be
recorded with the final tract map and included with the individual property conveyance deed to notify new
residents that agricultural operations occur in the area.
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 a planned arterial
(South Peach Avenue) and collector(East Church Avenue) street along the west and south boundary of
the tract. The normal sound attenuation wall required along these major streets and normal building code
requirements should reduce the outdoor and indoor noise levels to within the requirement of the City of
Fresno Noise Element of the General Plan. 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.
Mitigation Measures
1. 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 March 5, 2004.
9.0—LAND USE
The proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and
the Roosevelt Community Plan. Both plans designate the site for neighborhood commercial(along Peach
Avenue), medium density residential (on westerly.portion)and medium low density residential (on easterly
portion) land uses. Table 2 of the 2025 Fresno General Plan states that the proposed C-1 zone district
is consistent with the neighborhood commercial plan designation and that the R-1 zone district is consistent
with both the medium and the medium low density,residential land use designations.
The R-2 zone district is being processed in order to allow fora 176-unit apartment development within.the
proposed project. The apartment project is being processed as a transfer of residential densities as
provided under Sections 12-304-B-23 and 12-403-B-4 of the Fresno Municipal Code. Under these
provisions a transfer of density between two residential zone districts is permitted subject to the processing
of a planned development which includes all zone districts involved 'within the proposed transfer of.density.
Tentative Tract No. 5235 has been filed as the development plan for the single family residential portion
of the project and Conditional Use Permit No. 03-191 has been filed as the development plan for the
apartment project in order to meet the requirement for a density transfer. The total number of residential
units within the density transfer may not exceed the permitted density of the applicable plan designation.
The proposed project involves 240 single family residential units and 176-multiplefamilyresidential units
on a total,of 66.6 acres. Of this area 16.12 acres is planned for medium density residential land uses
which allows up to 10.37 units per acre and the remaining 50.53 acres is planned for medium low density
residential land uses which allows up to 4.98 units per acre. Based on the above, the subject property
would be permitted a total number of 419 units. The project proposes a total of 416 single family and
"' multiple family residential units. Therefore, based on this transfer of density project, the proposed R-2
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Environmental Assessment No. R-03-55, C-03-191, T-5235 ,r -
Page 8
April 1, 2004
zone district may be considered to be consistent with the medium and medium low density residential plan
designations shown for that portion of the project site.
It is also important to note that the planned 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.
The applicant will be required to provide at least five percent of the total project area for public or private
common open space pursuant to Roosevelt Community Plan Policy No. 1-17.1. The open space may
consist of lakes, community 'recreation or passive open space. Alternatively, an equivalent amount of
open space area may be provided in conjunction with approved public or quasi-public open space within
one-quarter mile of the development.
It is noted that the multi-purpose trail to be installed along Fancher Creek, in this subdivision, will contribute
toward this open space requirement. This trail is to be developed as a combined
pedestrian/bicycle/equestrian trail.
10.0—TRANSPORTATION AND CIRCULATION; 10.1 &10.2 Generation of Vehicular Traffic Sufficient
to Cause Capacity Deficiencies and Cumulative Increase in Traffic on a Maior _Street for which
Capacity Deficiencies are Projected
The development of the project site with 240 single-family residences, 176-multiple family residences and
commercial development and the surrounding planned urban uses designated by the 2025 Fresno
General Plan and Roosevelt 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 South Peach Avenue as an arterial and East Church Avenue
as a collector street. The city's public works development standards provide for arterial streets to be
developed with two travel lanes in each direction separated by a median island to control left-turn and
crossing vehicular movements. Collector streets are typically developed with two travel lanes in each
direction but without a median island. 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 (MSIR) 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)
The most substantial traffic capacity deficiencies are predicted to occur within the eastern portion of the
Fresno Metropolitan Area along Clovis Avenue and on Shields Avenue immediately east.of Clovis Avenue.
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
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April 1, 2004
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 15,130± on Church Avenue and
28,270± on Peach Avenue 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 on Church Avenue and LOS D on Peach Avenue.
While an LOS of D is endorsed by general plan policy as the preferable standard, it is acknowledged that
certain identified segments and corresponding major street intersections will function at a less desirable
level of service (E or F).during the peak travel periods of the day.
As required by the mitigation measures established by the certification of MEIR 10130, a traffic
as.sessment.was prepared by Peters Engineering Group to evaluate the number of vehicle trips projected
to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE)Trip Generation
Manual, Sixth Edition, and associated computer software together with the Council of Fresno County
Governments'(COG)computerized traffic model, this analysis predicts the number of vehicle trips that will
be generated from the proposed project and surrounding planned land uses, and the direction 'in.which
these trips will travel.
Development of 240 single family residential dwelling units can be expected to generate an average of
approximately 2,454 vehicle trips per day (VTD) and the 176 multiple family residential units can be
expected to generate 1,265 vehicle trips per day. Of these vehicle trips it is projected. that 279 will occur
during the morning (7 to 9 a.m.) peak hour travel period and 362 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 planned
1.80 Freeway and Clovis Avenue interchange during morning peak period (9 trips) and the evening peak
period (8 trips)and the 99 Freeway and Jensen Avenue interchange during morning peak period (30 trips)
and the evening peak period (38 Trips).
The project traffic study further indicates that the majority of the peak hour vehicle trips are expected to
utilize.Peach Avenue to the north and south of the project site and Church Avenue to the east and west.
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.
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The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations
has asserted that new development within the Roosevelt Community Plan contributes a substantial number
of additional vehicle trips (70 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 Jensen Avenue. Caltrans estimates
that a development of this size could generate approximately 352 vehicle trips during peak travel times.
It is, .therefore, recommended by Caltrans that this project contribute its proportional share for
improvements to the affected interchanges.
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.
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 feeprogram 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 withinthe
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April 1, 2004
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
projectwill contribute to the construction of state highway facilities and regionally significant streets through
the Measure "C" local transportation sales tax program.
These and other street plans are the product of careful planning that projects traffic capacity needs based
on the densities and intensities of planned land uses anticipated at build-out of the planned area. These
streets will provide adequate access to and recognize the traffic generating characteristics of individual
properties and, at the same time, afford the community an adequate and efficient circulation system.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the traffic 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.
1.1.0—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 fire protection facilities and services appropriate for urban uses. The proposed project is located within
three miles of Fresno County Fire Station No. 87 and is within the Service Area of City Fire Station No, 15
which is currently under construction.
.11.4—Overcrowding of School Facilities
The project site is served by the Fresno Unified School District and is within the attendance area of Storey
Elementary School, Terronez Middle School and Sunnyside High School.. .The district has adopted
development fees in accordance_with current state law and currently levies a development fee for
residential and commercial development. Development of the project site will be subject to the fees in
place at the time fee certificates are obtained.
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April 1, 2004
In addition, the district has requested that the owner/subdivider provide the above information to all
prospective purchasers of property within the proposed project.
11.6—Availability of Sewer Lines of Adequate Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional
Wastewater Treatment and Reclamation Facility in order to accommodate the 1984 Fresno General Plan's
projected population holding capacity of 588,000 people. These'improvements have been completed to
provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD)
which is sufficient to accommodate continued planned urban development including the proposed project.
The Public Utilities Department has determined that the estimated average daily sewage flow generated
by this project is 141,328 gallons per day. It has also been determined by Public Utilities Department staff
that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures
imposed with the environmental assessment. The nearest public sanitary sewer mains to serve this project
are located in South Peach and East Church Avenues.
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:
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April 1, 2004
3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted
to obtain a referral Fist 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.
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. This is based upon the mitigation measures required as
conditions of proiect approval which are referenced by this environmental assessment and are
conditions upon which a mitigated negative declaration can be recommended. A MITIGATED
NEGATIVE DECLARATION WILL BE PREPARED.
SACK:\Master Files-2003\'REZONE\R-03-055,C-03-191,T-5235-Lamonica Map-DEMR-03-55,C-03-191,T-5235-InitialStudympd
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