The URL can be used to link to this page

Home My WebLink AboutT-5237 - Conditions of Approval - 12/30/2005 City of C®Lm-�®1 V Vill=moi R %j9 ' Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 . (559) 621-1452 www.fresno.gov January 15, 2004 ` TO: Shelby Chamberlain, Planner H Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities,Solid Waste Division FROM: Donna Leslie, Staff Assistant 4 Department of Public Utilities, Solid Waste Division SUBJECT: TT 5237, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of Tentative Tract Map 5237, which was submitted by Rabe Engineering. 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 Requirements: • Tract 5237 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 T 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. General Conditions: • There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste ti-service day. This pertains to any lot that is in whole or part of a cul-de-sac. • The cul-de-sacs on East Robinson, East Garland, East Fedora, East Dayton, and the two loed on East Cortland shall be clear of all vehicles before 6:00 a.m. JAConditions of Approval_TT5237.wpd t t` _ P � a � � c� � � ,fr � �'`� r �-c � � � �- -� ..^_ �f ' �� r . �� _._ REPORT TO THE CITY COUNCIL IL"L11c�+��`�' AGENDA ITEM NO. �FRG��-4144 o COUNCIL MEETING March 30, 2004 APPROVED BY .FROM: NICK P. YOVINO, Director DEPARTMENTDIRECT0J— Planning and Development Department CITY MANAGER BY: DARRELL UNRUH, Planning Manager Planning and Development Department SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-59 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-59/C-03-204/T-5237 RECOMMENDATION It is recommended the City Council take the following action: 1. APPROVE the finding of Mitigated Negative.Declaration for Environmental Assessment No. R-03-59/ C-03-204/T-5237 dated February 24, 2004. 2. APPROVE Rezone Application No. R-03-59 which proposes to rezone the project site from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management) zone district to the R-1/EA/UGM (Single Family Residential/ExpresswayArea/Urban Growth Management) zone district. - EXECUTIVE SUMMARY Rezone Application No. R-03-59 proposes to change the zone district from R-A/UGM (Single Family. ' Residential-AgriculturaUUrban Growth Management) to R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) for approximately 80 acres of property located at the southeast corner of East Dakota and North Temperance Avenues. The applicant, Vic Deverian, has also filed Conditional Use Permit Application No. C-03-204 and Vesting Tentative Tract Map No. 5237/UGM proposing to subdivide the subject property into a 391-lot single family residential subdivision, including 214 reduced size (less than 6,000 square feet) and reduced width (less than 60 feet) lots at an overall density of 4.9 units per acre. The rezone, conditional use permit and vesting tentative tract map applications were approved by the Planning Commission and no appeals were received..Therefore,the Planning Commission's action on the conditional use permit and tract map applications is final. The applications will bring the zoning and use for the property into conformance with the 2025 Fresno General Plan and the McLane Community Plan. PROJECT INFORMATION PROJECT A 391-lot single-family residential subdivision on approximately 80 acres (gross) of property to be developed at an overall density of 4.9 units per acre APPLICANT Vic Deverian (Engineer:Rabe Engineering, Inc.) LOCATION Southeast corner of East Dakota and North Temperance Avenues (Council District 4, Councilmember Castillo) SITE SIZE 80 acres LAND USE Existing Vacant Proposed - Single Family Residential r REPORT TO THE CITY COUNCIL Rezone Application No. R-03-59 March 30, 2004 Page 2 ZONING Existing - R-A/UGM (Single Family Residential-Agricultural/ Urban'Growth Management) Proposed - R-1/EA/UGM (Single Family Residential/Expressway. ArealUrban Growth Management) PLAN DESIGNATION Proposed R-1/EA/UGM zone district and 391-lot single family AND CONSISTENCY residential subdivision is consistent with 2025 Fresno General Plan and McLane Community Plan designation of the site for Medium Density Residential-land use (4.99 to 10.37 units per acre) ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on February 24, 2004. PLAN COMMITTEE No Committee for this area. RECOMMENDATION STAFF RECOMMENDATION Approve Rezone Application No. R-03-59 and. Environmental Assessment No. R-03-59/C-03-204/T-5237 PLANNING COMMISSION On March 17, 2004„the Fresno City Planning Commission voted 6 RECOMMENDATION to 0 to recommend approval of the rezone application and related environmental assessment BORDERING PROPERTY INFORMATION =_= Planned Land Use Existing Zoning Existing Use 9 9 9 North Medium Density Residential AE-20 Vacant (County) (Proposed Mini- Storage Facility) South Medium Density Residential R-A/UGM AgricultureNacant Single Family Residential- Agricultural/Urban Growth Management East Fresno County AE-20 Agriculture (2025 Fresno General Plan (County) Southeast Growth Area) West Medium Density Residential R-A/UGM Agriculture/Vacant Single Family Residential- Agricultural/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-59/C-03-204/T-5237 considered potential environmental impacts associated with the subject rezone, conditional use permit and tentative tract map applications. 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 February 24, 2004. This environmental finding was properly .,cd r4'.i� , REPORT TO THE CITY COUNCIL Rezone Application No. R-03-59 March 30, 2004 Page 3 BACKGROUND /ANALYSIS The applicant, Vic Deverian, has filed Rezone Application.No. R-03-59, Conditional Use Permit Application No.C-03-204,and Vesting Tentative Tract Map No. 5237/UGM for 80 acres of property located at the southeast comer of East Dakota and North Temperance Avenues. The rezone application is requesting a zone change from the R-A/UGM (Single Family Residential-Agricu/turalAftan Growth Management) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) zone district.. Conditional Use Permit Application No. C-03-204 proposes to allow 214 lots of the proposed 391-lot single family residential subdivision to have reduced lot areas (less than 6,000 square feet) and reduced lot widths (less than 60 feet). Vesting Tentative Tract Map No. 5237/UGM is proposing to subdivide the subject property into 391 single family residential lots for a density of 4.9 units per acre. On November 19, 2002, the City Council,through Resolution No.2002-379,adopted the 2025 Fresno General Plan which updated the McLane Community Plan. The updated Community Plan designates the subject property for medium density residential land use. The applicant wishes to pursue development.of the subject property with 391 single family homes. The requested R-1/EA/UGM zone district conforms to this medium density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix." Surrounding existing land uses are characterized by vacant,agriculture and rural residences to the north,south, west,and east. There are two single family residential subdivisions which have been approved to the west and a mini-storage facility is proposed for land to the north. Access to the subject site will be from North Locan, East Shields and East Dakota Avenues, which are major streets, with the exception of Dakota. Locan is classified as a collector, Shields is classified as an arterial and Dakota Avenue is a local street east of. Temperance 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 Master Environmental Impact Report.No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Locan, North Temperance, and East Shields Avenues. Fresno City Planning Commission On March 17, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of the rezone application. The Planning Commission also unanimously approved the conditional use permit application and vesting tentative tract map. No appeal has been received regarding the conditional use permit or the tract map;therefore, the commission's action on the conditional use permit and the tract map applications is.final. 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 829 gallons per minute. The nearest presently available water service lines are located in East Shields Avenue at North Armstrong Avenue and in East Dakota Avenue at North Armstrong Avenue. 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. 1� REPORT TO THE CITY COUNCIL Rezone Application No. R-03-59 March 30, 2004 Page 4 The Fresno Metropolitan Flood Control District(FMFCD) has indicated that this project can be accommodated by the district. The developer will be required to construct FMFCD"Master Plan facilities"as determined by the district. 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. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, which will be dedicated to the City of Fresno. The applicant also must dedicate a water supply and treatment site for installation of an above-ground water storage and treatment facility that will be installed and/or constructed by the City. 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 orderto accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day(MGD)which is sufficient to accommodate continued planned urban development including the proposed project. While the proposed project may presently be accommodated by the Fowler Avenue Trunk Sewer, previous public facility and environmental analyses have projected that the Fowler Trunk Sewer does not have sufficient design capacity to accommodate the sewage flows that could be generated by full development of the McLane and Roosevelt Community Plan areas, including the Southeast Growth Area. To address this concern, the City of Fresno is pursuing several options to increase sewage collection and treatment capacity for the eastern portion of the metropolitan area. The North Avenue Trunk Sewer has been constructed to serve the easterly and southerly areas and supplement the other trunk sewers' capacity to accommodate development of the east and southeast areas._ The City of Fresno has negotiated a temporary exchange of sewer capacity with the City of Clovis for.its Fowler trunk sewer capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity exchanged in the Fowler trunk sewer with capacity in future facilities to be determined. Necessary and appropriate fees to provide for the replacement of said Fowler trunk capacity exchange have not yet been adopted by the City Council. Conditions of approval include the payment of an "interim surety fee" for the future costs to provide replacement in the Fowler trunk sewer to Clovis based on the capacity used by this project. Once the fee has been adopted by the City Council, any fees paid in excess will be refunded to the"developer. The Public Utilities Department has determined that the estimated average daily sewage flow generated by this" project is 134,895 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 main to serve this project is located in East Shields and North Fowler Avenues. ,REPORT TO THE CITY COUNCIL r. :!#Rezone Application No. R-03-59 March 30, 2004 Page 5 Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates East Shields Avenue as an arterial street requiring 110-foot right-of- way width and designates North Locan Avenue as a collector street which requires a 94-foot right-of-way. Temperance Avenue is designated as an expressway streetwhich requires a minimum of 124-foot right-of-way. The developer will be required to dedicate and construct improvements for Temperance, Shields and Locan Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system;and relinquishment of access rights to North Temperance, North Locan and East Dakota Avenues for'all residential lots adjacent to these major and local street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5237/UGM Conditions of Approval dated March 17, 2004. As required by the mitigation measures established by the certification of MEIR No. .10130, a traffic assessment, dated November 5, 2003, was prepared by VRPA Technologies, Inc., 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 390 single family residential dwelling units (the tract proposes 391 units but the study used 390) can be expected to generate an average of approximately 3,732 vehicle trips per day (VTD). Of these vehicle trips it is projected that 293 will occur during the morning (7 to 9 a.m.) peak hour travel period and 395 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 180 Freeway and Fowler Avenue interchange during morning peak period (8 trips) and the evening peak period (11 trips) and the 180 Freeway and Temperance Avenue interchange during morning peak period (3 trips) and the evening peak period (3 Trips). The eastern extension of Freeway 180 from Chestnut Avenue to the expressway transition at Temperance Avenue is expected to occur as provided by the Measure C Transportation Sales Tax Expenditure Plan by the year 2006. This extension includes the Fowler Avenue interchange which is expected to be designed with adequate capacity to accommodate a twenty-year population and employment growth period. The project traffic study further indicates that the majority of the peak hour vehicle trips are expected to utilize Temperance Avenue to the north and south of the project site, and Shields Avenue to the west. Because much of the immediately surrounding area (eastern most portion of the McLane Community Plan Area) is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However,the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures- of easuresof Master Environmental Impact Report(No. 10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within.the McLane 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.) i I u REPORT TO THE CITY COUNCIL Rezone Application No. R-03-59w March 30, 2004 Page 6 which will impact the State Route (SR) 180 interchange at Fowler Avenue and the State Route (SR) 168 interchange at Ashlan Avenue. Caltrans estimates that a development of this size could generate approximately 391 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 submission by Caltrans 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) applica!ble'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 hasbeen . 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 heCounty of Fresno upon adoption by the respective jurisdictions. Historical Resource The proposed tract lies within the boundaries of the former Eggers Colony. George H. Eggers was one of the San Francisco businessmen of German ancestry (often dubbed the "German Syndicate") who purchased 80,000 acres in this area from the federal government in 1860: In 1872 The Syndicate sold a portion ofthis acreage to the Central Pacific Railroad for the new town of Fresno. The Eggers Colony was established east .`` REPORT TO THE CITY COUNCIL Rezone Application No. R-03-59 March 30, 2004 Page 7 of Fresno by 1891, on the 640 acres of Section 23, within Township 13 South. The Kings River and Fresno Canal ran through the Colony and ditches presumably were constructed to deliver water to the 19 plus acre parcels. There is an existing single family residence located at 3183 North Locan Avenue, on the eastern boundary of the proposed subdivision. The brick portion of the home appears to be the Colony pumphouse. A three-story wood frame tankhouse was later added and is now engaged.to the brick building. The building was apparently converted to a residence c1922 at which time a Craftsman style porch was appended to the facade. A 1979 addition to the north end of the building is compatible with the earlier construction. The Historic Preservation Commission met on February 23, 2004 and reviewed the structure. The Historic Preservation Project Manager prepared a report for the Commission which included forms for the State of California Department of Parks and Recreation. The Commission took action to find the structure to be a significant historical resource and determined it to potentially.be eligible for nomination to the local historic register. However, the structure is not currently being nominated to this list although the property owner or Commission may pursue that action in the future. Streets and Access Points This subdivision is proposed to have two access points to East Dakota Avenue and two access points to North Locan Avenue. The Public Works Department, Transportation Planning Section has reviewed the rezone and tentative tract map applications. They have also required that the proposed subdivision construct an access point to the property to the south which would allow traffic to access East Shields Avenue. They have also reviewed the traffic assessment, dated November 5, 2003, prepared by VRPA Technologies. 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 Temperance, Locan, and Shields Avenues to the ultimate planned width. LandscapingNValls Given that the proposed subdivision abuts a planned arterial(Loran)and a planned expressway(Temperance), the developer will be required to install 10-26 feet of landscaping along North Temperance and North Locan Avenues. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback which will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major streets, as recommended by the acoustical analysis prepared by Brown-Buntin and-Associates, dated October 16, 2003. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. Conditional Use Permit Application No. C-03-204 was filed to allow reduced size lots for a portion of the subdivision. The proposed reduced size lots meet the minimum size requirements (4,200 square feet) fora planned development. In addition, the reduced size lots will also have reduced width (minimum width of 42 feet); however, the depth will meet the requirements (100 feet) of the R-1 zone district. REPORT TO THE CITY COUNCIL - Rezone Application No. R-03-59 � March 30, 2004 Page 8 CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and McLane Community Plan;'its compatibility with surrounding existing or proposed uses; and,'its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and mitigated negative declaration. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No: R-03-59 is appropriate for the project site. K\CommonWlaster Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\R-03-59-C-03-204-T-5237-RCC 3-30-04.vrpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5237/UGM dated December 16, 2003 Conditional Use Permit Application No. C-03-204 Exhibit A, dated December 16, 2003 Letter from Caltrans dated December 22, 2003 Environmental Assessment No. R-03-591C-03-204lT-5237 (finding of a Mitigated Negative Declaration), issued on February 24, 2004 Planning Commission Resolution Nos. 11973, 11974, and 11975 Ordinance Bill k 00� 57 44 56 45 e 2 O) e e JJ 46 "I E. DAKOTA AVE. 47 48 X 0" LU LLJ a. U O 51 50 I " Z SHIELDSE. AVE. r I� VICINITY MAP PLANNING & DEVELOPMENT CONDITIONAL USE PERMIT NO. C-03-204 N DEPARTMENT REZONE APPLICATION NO. R-03-059 4, A.P.N.: 31.0--27_D_0-2.,.03,08___— From R-A/UGM to R-1/EA/UGM VESTING TENTATIVE TRACT MAP NO. 5237 1ZONE MAP:2157_ South of Dakota, East of Temperance Aves. NOT TO SCALE BY/DATE: J.S. / 3-5-04 *1.•."1' v.0-evx level xra czu-evz(evc) r7�T ��rr �T t`j ... .nate ra awsaw W.A—M'w.zaz. .1O0 ':ONSL7 Q� a10 .ILLIO 6tleA]AM6 eM♦I/6MT91Salff 1WJ r+v OHI 'oNI2i�$HIM3 ( � �s NVI?IJAJQ JIA�?IOJ = ; clVN NOISIARMS HAIJVINSaL < ° .>/b 1••e •I.e �- T xLLnww v. .YAC>3 SI ` 3� k Aa8a` E2�88 � "e�Cyf"Xln3g ern oPR --fit e �ivbn.Linolaov oz-a}> k� - r\ � \ r�, �c•',d7 U � e...�m'r �-" HO S'm)�n kr IT "'T rr `J F[,I N<adq Q r N o jn4F kth �{ aep0q W h pEEgp"466Q�pp $ n yy s e E 4YpF ¢ 6 H E E € #m �. L° 1 kc. Q2H F f$ 4 a y e TS e7 B [[ba€�� e1 � tlk � � d e & � C � g e e a, � tma m'a�k�H� �a•a' S� w-gn/v-a Ege -innonomov �e t.,SRI! z a 4 �yyrT - ,+._ ,xr_ w- . �,rr �• k T911 �o � n� F ha a � ,�\'m 0^ o.a.i of oo °t ,a __ _- _- =" _•'S�` _ _- �� I? � $ - �, �i.m�� osla 'v - � m I .. }* 11a. - x• -_'.°� 1 '� •a�N.an•IH A i m T .0. N'� 7 / - 1 mrz T a` I n _ k -�s < _ w- _-M;_ •_ 1 N'� SKIS�T.mim ,�.�i.9 ".m� L "s �"j m x8 m 6R .q 5t -� N m,r + _ •'q k.•x•i� w"ITo'n' m,:ye'n- my a a (� Z 1 ' � LL m '✓ t A ^'� 1 _ _ m v, m m � --i I � �.A - 1 _ o T T xn I ._ 1 •g` a ma �, e . ma me 2 �Pb � ' .I �a � � r 1 _ `m i i di>i a.$ b� m I e�k asn♦^ _SiHexr-=�--^ - . ddb.,tlY m /I 1 .I I 5' r - N I _� s I = ^ a m s T � _= m a ^ v �I.x �T ®• � s 1 .�� .x� R.a�� w..�'' p;: i- N _ 1 I y - t)} -E- s e is 5..,a � a � s Vm,F_aa m i .a . .,.o:., �s mv6 � - I•+a .�a at /t 1 L- J Llm _J L_wr- _J I L_ _Lgw_J ; �S• 1 N p. L _.,._c •� -Ic--M ♦ maw' --v m \ A `Q 'x I( ?5"^ m�, m, 4 J-J. asvw�ao win/5—� obvrr�al� I. 1 ,� VHFeGZ 1 B I ,J LELL-xC'c 166.1- [9'16'11 t'./ T �y"',. axue n•o dA a4•la arr,aA•a n,xox •10 ONS!7as JO AJ1j e3 euoueans axn:saaAnlo,n w.0 f L Y v G Ec S 'ON Zi 5 djl +,„ �IdI '`JAlI23L��IIrJA13 III o,sao NVrxJnJQ ern xOJ B WON JJ 6 s 8 c. 4i h • —_ 1 ... 'rTl 1� 1'Lr wW� nr wrtuNnH.,r��" '<n'�, .a . r 0 e r Ste'_-^ m a: r• '�l4, g~Fw Loq.u,T ar-N Wp � �' 1 tl J44 ^ uJ- rF-Cl. I![•� z; 4^V o Qx�g` �X y�gub2 W3h matl�� - R .o .. �. 1� r� '�v`pe 9g EqWq g �'S5 �3i€ �zft h ._'r 1'.. .,r_�^ �''�..:��• I tL_w:' gN'smo8sa5�Fy N"1 T .2imo1ll matV_@r NI i"J ;. «'A'T L_.o2W4 ,� .^ ,N\ F� '�I Lam_: +'" ._su.l• I _0N�°��,��{N'J—f)_Arl_0 QN , F Ie Q. r ,NYAayR I71tlQN �4a -M mr:6,cq '"=�N'Ilr�r-r�rm1 .p^l.f' Sr I^A r..iLJ�-ILJ LTJ L.� LSL_J•$ T,ME 7° L T1l L I'A f ,kA"l ' 1 • R e it _ • , I 1 0 "¢ ^7-Il _ m^94.r n9:4K.r 9,�4L yY• .a.-9.m,-I: . a m a a a y MR! Vi 1. I '_s°,_.it n..l. __ ►�a a 1`..,- e € gait a fy -1 3 t is �gFs �o �r PT p e� t � z � �� p- a•,a CCy B � a� o � ` __ an.t.,.r...>� �...'t,.«r+ — y4 F 6 s tg 6, ai 3P s 8 a.a € 6G .s ^ ieE !i 'k g§S :Qa �z� � � M 16 . � � �Qt.e�i ? ren vSTATL OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor ' DEPARTMENT OF TRANSPORTATION X1352 WEST OLIVE AVENUE a P. 0. BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 445-6666 Flex your power! FAX (559)488-4088 Be ener_Eov efjricient! TTY (559) 488-4066 December 22, 2003 n�G � 3 2003 iiEo-opt 213 1-IGR/CEQA e1' 6-FRE-180-65.5+/- T-5237, R-03-59 & C-03-204 DEVERIAN SUBDIVISION Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street Fresno, CA 93 721 Dear Ms. Chamberlain: Caltrans has reviewed the vesting tentative map, rezone. and. use permit application proposing the, development of a .391-lot subdivision on eighty acres 4located on the.southeast corner of North,.Temperance and. East Dakota Avenues. The project. site is approximately,., 2.5 miles north of the new State Route (SR) 180 interchange at Fowler Avenue 'and 4.5 miles east of. the-SR.;16.8 interchange at;.Ashlan Avenue. :Caltrans has,.the_, following comments: It is estimated that this development could generate approximately 391 trips during peak PM travel times. It is further estimated that 40% of these trips (156 trips) would impact the new SR 180/Fowler Avenue interchange and .5% (19.5 trips) would impact the SR 168/Ashlars Avenue interchange. However, the project application contains insufficient information to make a conclusive determination on the impacts of this project to the' transportation/circulation system. A Traffic Impact Study (TIS) is needed to assess the project-related impacts on the State highway system and the pro-rata share towards area- wide circulation improvements. Please 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. It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak-hour trips (as this project will do) 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). Has such an analysis been done? Caltrans is concerned about the. contribution this project ;will have on. cumulatively significant traffic impacts. Caltrans was not provided an opportunity to review.the Village at Granite Park and the impacts from this project remain unknown. We also do not know long term how significant the traffic impacts will be from the new Save Mart Center. In "Caltrans improves inability across California" Ms. Shelby Chamberlain December 22, 2003 Page 2 addition, two other subdivisions, one consisting of 302 homes at Fowler and Shields and another of 347.homes at Armstrong and Shields have been proposed. This project, plus the other four mentioned here, will impact State facilities. Without additional information, Caltrans cannot make a determination on the severity of these impacts. The new General Plan MEIR did not provide any analysis of cumulative impacts, while numerous projects have since been approved without the City requiring either individual project-specific or cumulative analyses. It is the City's responsibility under CEQA, as lead agency, to mitigate for projects creating impacts to resources; including cumulative impacts. Caltrans requests a scoping. meeting for this project. The following; CEQA Section supports.our request: 21083,9: Lead Agency shall call scoping meeting, if Caltrans requests one. (a)Notwithstanding Section 21.080.4, 21104, or 21153, a lead agency shall call at least. one scoping meeting for either of the .following: (1) A proposed project that may affect highways or other facilities under the jurisdiction of the . Department.of Transportation if the meeting is requested by the departmerit.. The lead agency shall call the scoping meeting as soon aspossible, but riov later than. -30 days after receiving the request from the Department of Transportation. Please let us know as soon as possible as to when the City of Fresno would like to.hold this scoping meeting. The City should consider a transit.alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that thisproject be routed to Fresno Area Express (FAX) staff_ for their review and comment. The City should also consider adding a member of FAX to the Task Force team currently meeting Monday mornings in the Planning Department. Please see Attachment Number 1 for other recommended transportation alternatives. Caltrans has made numerous requests for additional information on the City's 2025 General Plan update. To date, we have not had a response from City staff. Please provide a written response to the questions on Attachment Number 2 at your earliest convenience. We request that this letter be made part of the perrnanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the, decision-making body and the general public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California C Ms. Shelby Chamberlain ' December 22, 2003 Page 3 Please send a response to our comments prior to staff's recommendations to the Planning Commission and the City Council. If you have any questions, please call me at (559) 445- 6666. Sincerely, MOSES STITES Office of Transportation.Planning District 06 Enclosure C: Ms: Barbara Goodwin, Council of Fresno County.Governments "Caltrans improves mobility across California" ti ;y �k ATTACHMENT NUMBER 1 5 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should ,consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring "the potential for employer-sponsored carpoolslvanpools or monthly transit passes for employees as well as including as a condition of project . approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. ATTACHMENT NUMBER 2 Caltrans requests answers to the following questions: 1. What actual timeframe does the new General Plan cover? Caltrans has been asking the City for clarification on this issue due to comments made by Mr. Nick Yovino at the General Plan Update hearing, November 19, 2002, and subsequent comments made by various City staff members. Mr. Yovino has stated that not all of the.. General Plan will be implemented, hence the need to create the implementation plan and the need to set priorities. Our question is what timeframe is involved in implementing the entire.General Plan as written, not just portions of it. 2. Is it anticipated that full build-out of the General Plan will occur within this timeframe? See explanation for Number 1 above. 3: What is the estimated timeframe to achieve the population estimate as included in the General Plan? Caltrans has been asking the City for clarification on the population estimate as it is unclear whether or not the City can achieve the estimate without implementing all of the General Plan policies. Does this impact the timeframe needed to achieve the population estimate? 4. Will the Mid-Rise/High-Rise Corridor exist within the estimated timeframe to reach the above population estimate? Caltrans has been asking the City for clarification on this issue due to comments made by Mr. Nick Yovino and various City staff members that the Mid-Rise/High-Rise Corridor could take as long as one hundred years to implement. As this component of the General Plan appears to be essential to accommodate the predicted City population and to make transit a viable alternative, it is essential to reviewing agencies such as Caltrans to understand the City's position on implementation. 5. Is the Mid-Rise/High-Rise Corridor necessary to accommodate the estimated population? In evaluating the General Plan, it appears that the Mid-Rise/High Rise Corridor is essential to accommodate the predicted City population; however, based on staff comments, Caltrans is uncertain of the City's intent. C. CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVE Initial Study is on file in the Planning and Environmental Development Department, City Hall . Assessment Number: 20A FEB 25 AN 9: J 2600 Fresno Street, Fresno, California 93721 R-03-59/C-03-204/T-5237 CITY CLERK, FRESNO rk. (559) 621-8277 APPLICANT: Vic Deverian Assessor's 1000 Oak Grove Avenue Parcel Number: San Marino, California 91108 310-270-03, 08, 19 PROJECT DESCRIPTION AND LOCATION: Rezone Application No.R-03-59, Filed with: Conditional Use Permit Application No. C-03-204 and Vesting Tentative Tract REBECCA E. KLISCH, City Clerk Map No. 5237/UGM pertain to approximately 80 acres of property located at the 2nd Floor- City Hall southeast corner of East Dakota and North Temperance Avenues. The rezone 2600 Fresno Street application proposes to rezone the property from the R-A/UGM (Single Family- Fresno, California 93721-3603 Residential/Urban Growth Management) zone district to. the R-1/EA/UGM (Single Family Residential/Ezpressway Area/Urban Growth Management)zone district for the entire site. Conditional Use Permit Application No. C-03-204 has been filed to allow reduced lot sizes (less than 6,000 square feet)for 214 lots of the proposed 391-lot tentative tract map. Vesting Tentative :Tract No. 5237/UGM proposes to subdivide the subject property at a density of approximately 4,9' units per acre totaling 391 single family residential lots. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of .sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Env)ronmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a .cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified-by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY: Planner DATE: February 25, 2004 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT ~aye. ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST • POTENTIAL ENVIRONMENTAL EFFECTS EA No. R-03-59/C-03-204/T--5237 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 2 11.5 Availability of water mains of adequate size 2 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 2 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 2 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 2 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 existingsources 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 2 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "'I 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 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. e CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. R-03-59/C-03-204/T-5237 PROJECT DESCRIPTION Rezone Application No. R-03-59, Conditional Use Permit Application No. C-03-204 and Vesting Tentative Tract Map No. 5237/UGM, filed by Vic Deverian, pertain to approximately 80 acres of property located at the southeast corner of East Dakota and North Temperance Avenues. The rezone application proposes. to rezone the subject property from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management)zone district to the R-1/EA/UGM(Single Family Residential/ExpresswayArea/Urban Growth Management) zone district. Conditional Use Permit Application No. C-03-204 was filed to allow 214 lots of the proposed subdivision to have reduced size (less than 6,000 square feet) lots. Vesting Tentative Tract No. 5237/UGM proposes to subdivide the 80-acre site into 391 lots for the development of single family residences (approximately 4.9 dwelling units per acre). Bordering Property Information ,tY Planned Land. Use Existing Zoning Existing Use North Medium Density Residential AE-20 Vacant (County) (Proposed Mini-Storage Facility) South Medium Density Residential R-A/UGM Agriculture/Vacant Single Family Residential- Agricultural/Urban Growth Management East Fresno County AE-20 Agriculture (2025 Fresno General Plan - (County) Southeast Growth Area) West Medium Density Residential R-A/UGM Agriculture/Vacant Single Family Residential- Agricultural/Urban Growth. Management 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 easternmost portion of the City of Fresno's adopted Sphere of Influence and Urban Boundary area, which is planned for medium density residential uses by the McLane 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 INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 2 February 25, 2004 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 a cross-drainage covenant must be executed with affected adjoining property owners. 2.0-AIR QUALITY, 2.1—Substantial Indirect Source of Pollution 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. INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 3 February 25, 2004 • 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. • 1-12S. (No federal standard.) Unclassified by the State.. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,o the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the.air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal-level requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of"severe nonattainment" for ozone by the State, the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5% per year reduction in nonattainment emissions, or including "every feasible measure" in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions; developing strategies to reduce vehicle trips and miles traveled; increasing average vehicle ridership to 1.5 persons during commute hours; reducing population exposure to non-attainment pollutants 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. �7t 'Y INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 4 February 25, 2004 URBEMIS 2001 AIR QUALITY IMPACTS** A#data in tons/year ROG NOX CO PM1.0 SOX Area Source Emissions 1.22 1.03 0.83 0.00 0.01 Operational Emissions 9.22 6.76 86.66 0.32 0.05 Totals 10.44 7.79 87.49 0.32 0.06 . Level of.Significance or 10 10 100 14.6 27.375 Requirements for Offset "Based on 391 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 located along the west side of North Temperance Avenue to provide a means of alternative transportation. Other mitigation measures are required sidewalks and pedestrian paths (including along the eastern side of North Temperance Avenue), 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 throughout this area on all major streets. Mitigation measures also.include the payment of the Indirect Source Review Fee, to be adopted by the San Joaquin Valley Air Pollution Control District, for all units constructed after the fee is adopted. 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. The 2025 Fresno General Plan and the McLane Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities - assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees, frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined - trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 ' -Page 5 February 25, 2004 development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated February 25, 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 February 25, 2004. 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Proiect 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 which is one of the limitations of the groundwater supply aquifer underlying the eastern portion of the McLane Community Plan area. 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 fora 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. The Water Division of the Public Utilities Department estimated that the proposed single-family residential subdivision will have.an estimated peak water demand of 829 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. INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 6 February 25, 2004 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 February 25, 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 February 25, 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.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, was annexed to the City of Fresno in 1961 and has been considered appropriate for urban development by a succession of long-range general plans for the metropolitan area over the past 40 years. The 2025 Fresno General Plan and updated McLane Community Plan identified the project site as being appropriate for urban uses, particularly for medium 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 land historically used for agricultural purposes. 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. .,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.. Mitigation Measures 1: The proposed project shall implement and incorporate.. as applicable, the agricultural related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated February 25, 2004. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204iT-5237 f` Page 7 February 25, 2004 7.0-NOISE The project site will be exposed to vehicle traffic noise due to its.location adjacent to a planned expressway (North Temperance Avenue) along the west boundary of the tract and a planned collector street (North Locan Avenue) along the east boundary of the tract. Expressways are typically developed with six lanes of travel(three in each direction), a median island, single or dual left turn lanes at intersections., and access is limited to.intersections with major streets, approximately one every half-mile. . They are designed to accommodate average vehicle daily trips of 56,000. Collector streets are typically developed with four travel lanes (two in each direction) with single left turn lanes at intersections. Collector streets have the capacity to accommodate average vehicle daily trips of 24,000, although projected daily traffic volumes are less than these maximum capacities, The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. Portions of the site are within a 65 or 70 decibel contour according to:the Master Environmental Impact Report for the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be submitted, evaluated, and accepted by the Planning and Development Department. The acoustical analysis performed by Brown-Buntir and Associates for:the project found the noise levels to be substantial in a report dated October 16, 2003. The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is 69.8 dB Ldn for buildings located at the closest proposed building setbacks along Temperance Avenue. The study concludes that an 10-foot high wall is.required along Temperance to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 59.6 dB at the first floor.height. Indoor noise standards will be met with the construction of the sound walls and through building code requirements. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated February 25, 2004. 2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated February 25, 2004. 9.0—LAND USE The proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and the McLane Community Plan. Both plans designate the site for medium density residential land uses. Table 2 of the 2025 Fresno General Plan states that the R-1 zone district is consistent with the medium - density residential land uses. It is also important to note that the planned 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. I ti r;.it <., INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 8 February 25, 2004 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 Major Street for which Capacity Deficiencies are Proiected The development of the project site with the proposed 391 single family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and McLane Community Plan, will be required to complete the planned major street network in accordance with applicable development.policies and standards including the Urban Growth Management program. Both plans designate North Temperance as an expressway and North Locan Avenue as a collector street. The city's public works development standards provide for expressways to be developed with three lanes of travel in each direction separated by a median island. Expressways also have very limited access. The general plan designates North Locan Avenue as a collector street, which would typically be 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. East Shields Avenue, a planned arterial, is also near the site and is expected to be used frequently by the future residents of the proposed project. Arterial streets are typically developed with four to six travel lanes (two or three in each direction) and a center median island with single or dual left turn lanes at intersections. Arterial streets have the capacity to accommodate average daily vehicle trips of 36,000. The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference)utilized macro-level traffic analysis techniques to examine the traffic flow level of service (LOS) for major street segments that would occur in the year 2025. This analysis utilized the.unadjusted COG traffic model projected traffic volumes and the Florida Tables, which are an accepted national tabular standard of the Highway Capacity Manual(HCM)methodology. LOS is a characterization of.a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay)to an LOS of F(reflecting a very high traffic volume with substantial congestion and travel delay). 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 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 (MSIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 9 February 25, 2004 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 26,800± on Shields Avenue, 600±on Locan Avenue and 40,500± on Temperance 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 D and Fon Shields Avenue, LOS C on Locan Avenue, and LOS C and F on Temperance. 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. This condition occurs along Temperance Avenue, which is not presently congested but are expected to function with an LOS of F by the year 2025. As required by the mitigation measures established by the certification of MEIR 10130, a traffic . assessment was prepared by VRPA Technologies, Inc., dated November 5, 2003,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. The traffic study based the model run on the development of the site with 390 single family residential dwelling units. The proposed project can be expected to generate an average of approximately 3,732 vehicle trips per day (VTD). -Of these vehicle trips it is projected that 293 will occur during the morning (7 to 9 a.m.) peak hour travel period .and 395 will occur during the evening (4 to 6 p.m.) period hour travel period. A modest proportion of these projected trips are expected to access the planned 180 Freeway and Fowler Avenue interchange during morning peak period(8.trips)and the evening peak period (1.1trips)and the 180 Freeway and-Temperance Avenue interchange during morning peak period(3 trips) and the evening peak period (3 Trips). The eastern extension of Freeway 180 from Chestnut Avenue to the expressway transition at Temperance Avenue is expected.to occur as provided by the Measure C Transportation Sales Tax Expenditure Plan by the year 2006. This extension includes the Fowler Avenue interchange which is expected to be designed with adequate capacity to accommodate a twenty-year population and employment growth period. The project traffic study further indicates that the majority of the peak hour vehicle trips are expected to utilize Temperance Avenue to the north and south of the project site, and Shields Avenue to the west. Because much of the immediately surrounding area(eastern most portion of the McLane Community Plan Area.) is not .developed, the planned major street and :intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developer; 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. 10 130)which was _ certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the McLane Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic.periods(7:00 am to 9:00 am and 4:00 pm.to 6:00 pm) which will impact the State Route (SR) 180 interchanges at Fowler and Temperance Avenues. Caltrans estimates that a development of this size could generate approximately 175.5 vehicle trips during peak INITIAL STUDY ' Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 10 February 25, 2004 travel times to these interchanges. It is, therefore, recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchanges. It is noted that the traffic analysis completed by VRPA Technologies only identifies 25 trips to the two ramps during the a.m. and p.m. peak hour periods. 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 16,00) 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 jurisdictionsto 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; afld 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. INITIAL STUDY Environmental Assessment W. R-03-59/C-03-204/T-5237 Page 11 February 25, 2004 In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate a portion of the.subject sites for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Each development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition, the residents of the.proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. The project street improvement requirements include the center two travel lanes of Temperance and Locan Avenues adjacent to the project site as well as the construction-of two center travel lanes for Shields Avenue between Locan and Fowler Avenues. Mitigation measures from the traffic study prepared by VRPA Technologies for the project also include the payment of the project's fair share for intersection _ improvements, including traffic control signalization, at Fowler/Shields, Temperance/Shields, Armstrong/Shields and Temperance/Dakota. 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 and circulation related mitigation measures as noted in the attached.Project Specific Monitoring Checklist dated February 25, 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 February 25, 2004. 11.0-URBAN SERVICES 11.1—Availability-cif 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 City of Clovis Fire Station No. 33. 11.4—Overcrowding of School Facilities The project site is served by the Clovis Unified School District and is presently within the attendance boundaries of Freedom Elementary School(Gettysburg and Temperance Avenues), Reyburn Intermediate School and Clovis East High School. Reyburn Intermediate School and Clovis East High School are both located in the Reagan Educational Complex which is bound by Ashlan, Gettysburg, Locan and .DeWolf Avenues. INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 12 February 25, 200 Because of the sustained growth occurring within the district boundaries, the school district has advised of the following conditions. 1. Future adjustments of school attendance areas could occur such that students residing in the proposed project will attend an elementary school other than Freedom and that students may attend more than one elementary school during their elementary school years. 2. Bus transportation is presently provided for grades K-6 students residing further than one mile .from school and for grades 7-12 students residing further than two and one-half miles from school. 3. The district has adopted development fees in accordance with current state law and currently levies a development fee of$2.53 per square foot for residential development. Development of the project site will be subject to the fees in place at the time fee certificates are obtained. 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. While the proposed project may presently be accommodated by the Fowler Avenue Trunk Sewer, previous public facility and environmental analyses have projected that the Fowler Avenue Trunk Sewer does not have sufficient design capacity to accommodate the sewage flows that could be generated by full development of the McLane Community Plan area and the Southeast Growth Area. To address this concern, the City of Fresno is pursuing several options to increase sewage collection and treatment capacity for the eastern portion of the metropolitan area. The North Avenue Trunk Sewer.has been constructed to serve the easterly and southerly areas and supplement the other trunk sewers' capacityto accommodate development of the east and southeast areas. The. City of Fresno has negotiated a temporary exchange of sewer capacity with the City of Clovis for its Fowler trunk sewer capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity exchanged . in the Fowler trunk sewer with capacity in future facilities to be determined. Necessary and appropriate fees to provide for the replacement said Fowler trunk capacity exchange have not yet been adopted by the City Council. Mitigation measures and tract map conditions of approval include a requirement that the developer pay an "Interim Fee Surety'. Any amount paid above and beyond the required fee surety shall be refunded once the fee has been adopted. The Public Utilities Department has determined that the estimated average daily sewage flow generated by this project is 134,895 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 main to serve this project is located'in East Shields and North Fowler Avenues. INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 13 February 25, 2004 Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the sewer related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated November 26, 2003. 2. 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-November 26, 2003, 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 3 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.h;s,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 14.1 Removal of Historic Building, Disruption of Archaeological Site The proposed tract lies within the boundaries of the former Eggers Colony. George H. Eggers was one of the San Francisco businessmen of German ancestry (often dubbed the "German Syndicate") who purchased 80,000 acres in this area from the federal government in 1860. In 1872 The Syndicate sold a portion of this acreage to the Central Pacific Railroad for the new town of Fresno. The 1880s were prosperous years and the desert was turned into profitable farmland with the introduction of irrigation and agricultural colonies. The model for the system that ultimately served the San Joaquin Valley was the Central California Colony, established in 1875 three miles south of Fresno. Bernhard Marks;a German immigrant, and M.Theo Kearney,son of an Irish laborer,approached wealthy landowner William S. Chapman and.pitched the idea of an irrigated colony of self-sufficient farm families. Marks surveyed six sections of land owned by Chapman and investor William Martin and subdivided the land into 192 20-acre parcels. Three laterals from the Kings River and Fresno Canal were extended into the tracts and water rights were sold to the prospective farmers. Twenty-three miles of roads were laid out and bordered with trees. One important building on irrigated colonies was the brick pumphouse. By 1903 there were 48 separate colonies or tracts in Fresno County representing approximately 71,080 acres. These Colonies helped to break up the vast estates and initiated what agricultural historian Donald Pisani has termed "the horticultural small-farm phase" of California agriculture. The Eggers Colony was established east of Fresno by 1891, on the 640.acres of Section 23, within Township 13 South. The Kings River and Fresno Canal ran through the Colony and ditches presumably were constructed to deliver water to the 19 plus acre parcels. One historic property has been identified within the tract boundaries, a converted single family residence located.at 3183 N. Locan Avenue (APN: 313-420-17). The:brick portion of the home appears to be the Colony pumphouse. A three-story wood frame tankhouse was later added and is now engaged to the brick building. The building was apparently converted to a residence c1922 at which time a Craftsman style INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 14 February 25, 2004 porch was appended to the fagade. A 1979 addition to the north end of the building is compatible with the earlier construction. The City of Fresno's Historic Preservation Project Manager prepared an evaluation of the property using DPR survey forms (as attached). At a public hearing on February 23d 2004, the City of Fresno Historic Preservation Commission concurred with the staff evaluation that the home at 3183 N. Locan is eligible for the Local Register of Historic Resources under Criterion 1 and Criterion 3. Historic Resource Impacts As a result of implementation of the proposed project, there is a potential for a significant adverse impact to this resource. Without mitigation, this impact would warrant an Environmental Impact Report. There are two options available through project changes and conditions to mitigate this impact. Option 1: The first is to retain the home in place on its current site, with enough land and landscaping to preserve its historic character and context. This option would allow the developers to either sell the home as a single-family,residence, or develop the site as open space, with the home converted to use as a community center.' Option 2: Relocation of historic properties is a less desirable alternative but can occur to prevent their demolition. Relocation would not result in an adverse change to this home's eligibility to the Local Register of Historic Resources (and potentially to the California Register) if the new location is compatible with the original character and use of the historical resource. In relocation, the resource would need to maintain its character defining features (thus the architectural features that convey its historic significance) and retain compatibility of orientation,setting and general environment. As an example, relocation of the home to an urban in-fill lot would not be a compatible setting and environment. Recommendation Staff recommends,that the developers make a good faith effort to explore Option 1. The home sits on the eastern edge of the proposed subdivision, and ideally should be maintained on site. However, if there is no prudent.and feasible way to accommodate retention of the home on site, staff supports the relocation of the home to a compatible setting. The attached mitigation measures will apply if Option 2 is selected. i Archaeological Sites 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 INITIAL STUDY Environmental Assessment No. R-03-59/C-03-204/T-5237 Page 15 February 25, 2004 conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant,. it shall be preserved. Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the historical/archaeological related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated. February 25, 2004. 2. The proposed project shall implement and incorporate,as applicable,the,historical/archaeological related mitigation measures as identified in the attached Master Environmental Impact Report-No. 1013.0-2025 Fresno General Plan Mitigation Monitoring Checklist dated February 25, 2004.' DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the. California Environmental Quality Act (CEQA) Guidelines, it is further determined ,that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. 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. SAC:K:\Master Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\R-03-59-C-03-204-T-5237-InitialStudy.wpd n .' LL3H"�, CN co LO 0 co cn CD U L •C Q 'D a) x£ t, '^' "" •mak 7'a uF"'.`, 7 n'�t� r�{-k� `,j' L,�F r,„ o .0 (6 m x t � x 'i°. X LL- CoD 0 N ° .06 ro w Z - - Q [DUOww U m Q p o c E o c E o c E M LU Y ._ Co 0. ,� ._ co 0. ,� ._ co a C d o o) > o a) > o o) > 0.c a) a.E a) c..S a) Q W U c c p U c c p U c p Z d H d co p C H d cop d H EL co p Ct o c o c o c W a) a) (1) L1J >Z a—Ei > a—Ei > aEi Z o 0 -. o = Z 2 LU a c a c C.c C1 O c C. aJ< InC _C. O c J Y - o cn co O En co 0 of .co . U 7 U 7 U 7 U �. Q. d d0 -0 'a 0. J .0 o co m d m m Lu Q U Cl) o I.L LL W N — co U) N = C N-cf) 7 Y F- W C - Co o Nc o � 030 o � s N CO= � � (� Z .L °? r ) Z c o f '" 3 0 H o a.E a W O W eADf a CD CD a: c p m .c 0 c p 3 c ° N o cn 0 a' _ C) C Co w C) N " � U C 0 =3 C U = CVO En 2 C-a) p O co O a) N _0 0 3 a) Co N d > N O C ) co 'co En cr y c f6 � co C N C6 a) 7 7 m (n C N a) a) c fo (n 7 CO � ° c O — ° N O V .U F– nW/ Q o o CD a 0 0 x 0 ° CD o ° o N E LL C) O co V U L U d N p N U d"-' C •J c a) co co W. co LL c o y U o 3 = = � co 0 0 ' io O aci o) CO`n0 �O 0 o.Z o m Li – 3 0 w Co 0 �_ co a) _c -0 3 N co C co L.L 7 p N O d 7 >. c > a) - 7 >, a) c 0.N Z O - 0 O — co O > 0 — co U f0 C�... O N C t� CV W N O (p .� f9 7 f6 cc c� C C Co O U a) 2L C 3 7 N C U) C co co C -U) •0 C O O L m a) L j o.–CO a) Co o E o '� a)o co CDm ° d o Mn o a c`o c o c a m o 0 c o `� co Z – o c m cn -C 0. m e 'n U) °� CO > U LV ° c a N m 0 O c rn c a) c 'y. c c o 01-oco EE Z 7 N Q y c p a) y W co co a) 'S •2 cis co -0 co co o w m LU c a) _ E o c Co .. c c 0 a) a>i o) co W M w U a) m O ami �_ m c c U co m c c m s a) ° N 2 2 a) a 0 O N a) a co o m = E o co O .c U LLJ U Z � m saco co coc U 0 saw C. wog V5 m 'Z Q aci a) m c o aNi v) cD aa) CO m ami m aci .� 0 m 0 Y0 =3 CD N N N ° c6 O en (D .c? m•o > N (D m c N ca M L N co F- 0 d •O d O — E U 0 a) c E O L a) a) C CO U >. w U 0) m af)) mo c) c E c a) -0 > E o m -0 - c a) – X00 o ac) ai c co 0 1- o m m o 0 0 a) co a) c = m ° c a a 0 cEp .a) - o 'm i� " ECOc coc_) c�a °a :5C0 > LO c N (1) Q Un c E c L C-r N rn _0 N cd c M ° N m N v 7 U N ED a) _ C1 N wo c a) a V) O E of E m U c 0 0 c c N 3 co o cr � of CO o ac) ao o oc cn a) a) 0 o m a) c cn ,n °� a) c a) a) E a) > N _ Q > o m o -0 N c = o c a) c c o c a cn F- c 0 N c a ° a) C) '� 3 a 0 - wo > a) > E o Z o ao -- '> E � cv ` E 7 U = 0 O '� a) o '� ca y c o_s aa'i m o m 3 a a) o r Z E E S m E E p a ° U E cn O —0 E 'n � C .- - co s a) c a) ac O � co a. a) a0 m 0 .c >.� C LU 00 0 ° ° c� Eo0 00 .3woaci 0m m me -000 a) a) a) cm .cn c �° D > c a) E °� > c L cn -o E > o c m o r o V 0)W co a) 0 > O c 7 a) 0 CV 0 4) a). O O C •a. > O Co a) .^ .3 U 0 uj C � o - '�., CV c 7 0 f0 �- N o a) a) r c m a a c �i E E a ai E s E �' c T wo ~ Oc 0 O. 0 C a) C U) 0 L co i o a) O o0 U m 3 m U o0 o w .� mow U F- co z o CL DL w z h' F vxt � ani t ��e:; fir ! LL Ey- N .,+d„" x ir3�'�' . f ti - ' 5 z ter, r �, i r-<' mN r a' § y. a}"a"� c' d »: w3d) te"r d � tLO Nt " _� � ��r� r �Yi r saris g 'd � d a4" .vs , g$fi i arra No•=rd. '� i'�"'�s''#, .zyy a,�x .h+ �..h ey nzn xa a c4 W >- a a) a a a)� ❑ U m a) c c ° c c m C c m c c Q Q ❑ � oaE � oa.E � ocE � oaE m W Y . m a Y . m a Y . m a Y . o a o o o o �' d - ° ca a) ° V- a a) ° ca a) ° tea a) m O o 0) > 2 p 0) > 2 p 0) > 0 cm > !— G a.9 a) a• a p c a) a C a) C O) W. cn c D U) C D w c D 0 cc p O O _ c C a C c a :BC C p a m C C p a a U c`a m C ° ° m m C a) ° m m c (1) m m ❑ oc o _ .T. m W a) a) _ W H me m m ° 'o Uo- Z Z > a) > > 0) 2 0) o a E �+ W W o.= O o c 0. c a _ o �Z N W m o m e aci .o aZ F- J •� , o o. N O d d 0 � c Em 0 - O Wti O d 0 -0 a o .m •C W 'JU aom d0 (D aaE m cn O O 0 C C O 0 '0 C-c -C a) a) U p)-O . W t ° s a) o cr ° c m a) ms > = c m.., 0 U Z .� cn o c a) o a) o ) a`�i o p c n a) 3 0 0. "m c 'a:o m a� Qc > c a) a) s o c a a � E ° W Q O 7 'C � '�.�'` � ('`a a) a) C to N � L. O` �' N m c� (a = .m ° -c�. a) o a).L mCL C) E 3 C m .0 c C c d c C Q - •E C .V N '� N Co `) cn 1,4 ` U �= ( a)) 0 y Co �° of m .L R U O c_ Z •, p . O Ea U) 0c3 °� cE mc •°� = x d � T JZ � a) E. m'� � ama0iNtm. `oa) c_'f0 � c 'o .(D �..c =_ s � U)) 0 uNi Co 'y -Op •" Co T a) E ay p C ._ N.0 y .0 _ 0 O Q y An .- 0 0 E ? > m m a).- ui 0 0) L1J O '0 co c m °� C c p E ° a o 0 0 -. c.`. - c o a) � a Q Z �, m m a) m b E .° • N m p a) c a) 0 cco L ° °? a c a c C 0 LU LL a) s m e -0 a) m a) a In a) 0 0 - (n 0 E c .0 v, c o c Co a) 0 CL — E c � a) � a0 m . N U) c a m a) m ` a'- 0 C� a c °) a) s > g c N m O m 0) > m M .� a) a) a) c w m T.-- T o 0 Z O = ui O a o E �T a) `O C U c 7 •� •G a) cn o 'm U 3 U d .� uai N °) c m- a) m a) c m ' m > 0 m a) m a y �- a) � E m m � c b a) E m M 0. c m N m w E - > N.0. TtA E 'o00 .0 .0 _T c = cOEm W a:m a) E `� .c a)m a� aU o -- ° 0 -0 a ° c m - c U0 a) C . C a) y � O m . Z ❑ c -C in �'c E C cc Cl)m3 m 'm c c - '� �° E •o) In ca ~ - U) m m > 0 c — w o ° te a 2 0_� a o m w ai ll1 Q LU _m o CO N S_ -0 o 0 -- a) y a0i E 0 o c `-) � aU).o.� W ci 0CD Em `) �_ a)smcCm oc :c a) 0 = c bo ENL N L ` c ` c U c a) y o a ° o d a t5 m > Z 3 m .N so o '� a) c 0 o m o o c c c 0 Q F- _0 c Y E m E 0 ._ c m o __ t a) � N CD a ccl) Y E H N 0 m o ami m a) t m o � m 3 o ` c ) L.:m 0 s o ° 0 N C� c o aNi i c c > a0i U) E o U) a N o c N a) a) T T O M OU .0 m U > N N a a) 'OO co a) 7 y '0 -O d U = c m U O m a 3 Co. 0 •o-C c t a) -c c y .0 m aci c m a) 3 m Ir m a c m o a0) m a) -0 .0 a w m L m a) U) a c 0 ca a) U 76 Amo yE � � 3 �' Emo - occ a) 0) > � � o C) C .0 c a 0 M > M 0 c L a aa) vi U O Y m -0 E t L - a y 0 co ,O .a) a) .` c c a) c ` 0) 0 0. 0 a) 'm m . 0 a m U) ' c o m m a a) p a) 0 a) o cn E Q U) m ° c 3 C U U . c ° a) a) C c O o v ca v c o 0 c o - o o 0 '0 U) vi am) `a) 0 m 0) c .c �.m Co Co •- a) s o a E a-- :o . a) m C E c c E co C c 0 0 a_N � r � � a>i > > soo _co � � gcc`a m °) 0 aa)) ,oyQm Co C m o > m m c o � � m � m a0) cs C. E 0 c m °) < oc O E u) occ � c c � c Ccm -a m 0 0 _0 aci ao = a am Z o� m E -C a`)) c 4 o m a) �° a c E (D .°) c m c o a 0 .: ° p > C N m c 0 p m o .c g > .c m E m a c E ° 5 o E ' m m -- ca c a) ca g W a>i p o a m m m ac 'x > E c0i 0 Co a) m p E 0 o uNi a) ° p E E 0E EyQ � Ea) Ecm CD a) 3 'm co >,wmo3 Qm o y a m ° o a a m ) m > ° Z m ° M 0 0 r a m U o 9 c a c L E Co N m > 0 o c LL ora) o m - E a o ._ C7 'in f- U E m a7 rn a'E �n •� E t ,� u) .0 .0 E G, 0 of _0 a) a) m e a m' co c a) ti ° C -0 m a mm0 ca .6 00 ECL ooL) aa)) m mE � mo -w LL. 0 W x x k a N rn '.t yy-�€� x s 'a` � '�'�'T'" � W Y t" \4 S NM; �hyN'•3�b'�.`K'� I � ..t�� '6 A A�.� � � '�v'Y N i� J "g1' { '� tT ?-�z k•5 •' ax�"`"dr•y '' °s1,t P r int^- T ��Sy,u l,'a G t+.N 3 �w�4.$+� ✓"�'"�'%�¢�.� �u� '�'' f�4 f� Y� P 3�Y� �."�L" �_ Z y - .d �3'�t�� uV h� Ay �` > ✓5.11 i.r ' >�_3T "+`�`Y1°:` ry� �f�- �'�n .� - V x - rs, ar sx X51 t � yw' t x y +. +to-�r"Rs ai t,�.. rn ,., •� ,� � »,r'b .x - `°_ . L �" qC as '��. V'_�'."�' a+' ''�r•Wr 'r"ri"�+f $ �`i�R,` :A r - i �:ce'y4�k LL x �, x 1 CC L1J �- 0 Z m M QW c aciw as Tw 4) w J — aS C � _ C E 4) � LL E •U. � ca a a � m LLJcam c O ca O � > tc: a>, 10 � a Ma d00 LLW> -o ° Z � w U - W0 h a� ZZ � � m m oa LLJQ Z r 2 2 0 0 m co z° I— Q '— O -i V a ` 0 0 O w � a � 2 — ~ LLI = U °� > '� cc c c m aa)) o N aci L c�a m o a`ni -° QLLI 'L Q p (O c p O x O fn t_F �- Cl) a 0 .° c c0 -.U_.•E c0 C °' 'p 0. - 4) a O N d C Q C @ co o a`ni o E 0 cc O 3 0 .7 ° C:) o O m N> c CNai) U U o c ° dE E UcN . LLJ o. m a> ai DEu E co c 0 o _ � vi a ai o a �doc �Q n O O CO a°a Z LL m a) .N =o (1) co E ° da) o m o> U a> c O Co M � E c cnW c a `� wto cu 0 — U a> a> cr 0. 0nfc O i c : a) a o) na@ °'� ' mZ O cc E co s O N o co (DLc c -5 L)o Uw 1 ) ' •o m a> U 0 Um roCD L2 NE O o mU a> L omi CD c LU LiJ c E -0 <n ° � c @ n o c cca cca c c .s @.c Q C ° b c' g -- � c ti w c cca m -o a`ni co n w w (n is a) W M c a� v a o 3 voi o L E c. N '= L ° tN Z °� a>i cca vi c`o n> o c ° U m � a co •� > M Q .O cm c co a> 0 ° � °� � � °= cca ° c°i ca � U U m co c c c E c U a� cn E • c c ( > c m c n ° m �a ca a> cad > — vi m L ca - (n a3 a� O Q cc .2 cOocD `naci . c °c'> nc CD E c � CDco @0m U) nim ocn mm m co M F' o o c o Qc co w (nc o-0 m - ass o � a� o E o c nm -C U - m n a> cn 0 o co cn E U �, o c°a (n Q n 3 0 '> 'co E m o cn c c ; m m ° '@ m U ZE � mm0 ocn On -0 •° m > n 3 N d 07 cc c`o ca > c c m @ a� @ c ami W a>> .: o CD @ c4 0 — tn cn a> a) a> m C •c cn a>i O m c o m M. m c N O °� %5 �' c ° _0 - E � c c n c c Ec O ai ° c p o a"i ° o c .c o m c m S a cO m@ co cn cn E O c c -0 n ca O � as O c O c co U $ E ° _0) Z -0 °? c U ca ° m cn m c c N 3 �' E cn 3 c ca ° @ c 2 U m E o@ o n E o c 0 m cp 0 ooh mac- n � c CD cu 0 CD CL @ci -0 � E � � (nm — � v°i o co Z @ o -o c m c o = -0 E vi o f .- ( m cca cu o m a ai ° c -C (n o o' c Co 'n co - c °- s a) > c c ° B ca ° (n m a Q n m ca a ° c coi n m c g c o - c U c o ° �n O) o m LLL o w o •c _m .c > j U aci m co c cn ( c (n CD U o f° a [0 O Y . I. 4) >. > f0 .0 O .T. L 7 C -0 O" a) C O U C N C n c0 0 � fn CD U M 0 0 2 0) 0 cc a m U o 'm ~ 'c cn in U z m — m a ~ Q ° d ° m -0 U) •O C', 0, N a X (Dcu i U cn cm m -0 0 � U O cc ti -6 U W E a. LL �� X ,.7� X h Cl 5+, ... a' tt I€. � 'Zr Cl LU X x r pl: X a t rte RMII LO atEg•„u� V OR t (� X , �' }v s,�k 3s,ta''+-? X X�t # ':- k•�jt ss.� F� ��t fit�.� x ,� � �, r i' r 't"�r�x c� �,x��l��, ''�m u .z, X r r S° b'' � �bxrFfis a LL' UJ d ,a+ ❑ U '0 Z _ m Q 'O M J W c m °� c cca a) C c = cca °� c cca m e cca a) Ic E r' d.' LL ° E a) E a) a) E E. a� E m E W m CD `o c �o � •�0 U � 0 dor � 0 o (L c y m _ C m m m _ c y.m c c m C c ,ro O a•= c > o c > a o C > a c > n c > n U > a� � mm m0 � mm a� 0 mC.0 ma� a� ma� a� y Z p � dp pddpp pW dp•p dpp � pQ D _ m Ll.l U 'T' W, _, �- a CL Z Z Q1 0) - O Q _ ++ LU LL! .r � J U � J O O O O O O wti UJ c 'a a >, a) O a) a a) 'n c n D n H Z .O. N m j m w v n m e c m m m m Q L m O d Q) ,II - C m N vi U O 0 vi E m o C ° m c m E E c m O 0 O` D_ 3 U dL m D -0 N U ° N R U LU 0 a� c (n O L) � L .p En c c > v �� 'D U OEn UJ c . 0 CM F- O a Cac -0 E ° mEfm 3o CL aQ Z o o x g o ° o a C cc S m LL c - m -- a> En m m > - En ui LLJ LO 0) E °' (D C) o c m g c > > '3 - c 0) c o c +r 0 Zvi m > g m 0 is c 0 E 0_ Z O c � - L a) OU N � N .U a) �° ` .. 0 m N � 0 N C > N _ > U �. m Em Mc m3 p MN in u; O ° c E c m 0 ui o m m a) v m o o �° CL 0 c m ° - E -- U) ai a c CL-0 o o° > � 0 U p - C �, O L > > U 0 c a 3 a) E LV N m C._� N y -0 - aD E c o m c o ami Q CM M a o c 0 O m m 0 0 - 47- LV = 0 7 0 O m C O E 0 0 .O 0 a) _ f0 2 C 2 -0 (6 > O LL O C -0 E O F- N 3 o c 0 c > 3 c E mCL $ Cf) Z N.c a� aa) > _�° a�0im �° � � 3 > � c � � c E Q O > > U � No ° I 0Eo Ngo a � mm o 0 En 0_ a) 0 m e N m m 3 w ~ cap o mm in `n s > �' 0c a>' E `mai E c Ixm N m � a`„i m � o � c o ami •0 o m _ c -D E 3 a m m En ui m > c a� m 3 Q c m� = m om E Uc) Uc) ccmco `m m E f m c 3 m v � V m C 0 C En •- a) m 0 C a) O mrn ma) c U- m3 me > cn � � mm m a> V da) c '3 E � c 7 -0 ps S -0 a) -D 0 C E O `er c O ` •� m c m ui E a) o > > a) C w 0 A ° `�° � E 3 � '� o CD o 0) � m � W mcg N � � � m C c CD c > m am m '� - E 3 3 .L) Z 75 � m m m o a O 3 m >c (D 2:,M Y E Z (n o m '� w E 0 c > :� � m a� a N ° O O a•= �' m 3 m e � c C `m M � m � � w � m m N Q 3 w �. CL ==�_ - m c w a O En m � °� ami `= m v o m m " > m m = m E C a� o Z � m N m M 0 'c �.c 0) u) � a � 3 En o c ) m c -- L1J = ° U 0) E g CD U co > U ° U U m a) in 8 0 , Q m _ a) C m .v £ m c = CD m m - m a E m U c N 0 U F- ° _ m Eli m s m s U 3 m = m 2 ° m 7 d O mo o " N v F- a m ~ D c N H o ~ En U = d p m 'cECc riU 'm v .No � Hca com D E D cin o o C) > x c a� w co aD m m a�.� a LL LS HI Cl X 3�,' x M s +'U X ",., ,§. �w�r r X .�Sai ,r. a5 x,a�y�� CN k r n -a �^ R rev V ff LO i"-g `,'�' + Rw a xr'' jpgp .� X cC W 0 Z m' _ _ _ cn O Q c O N O O O O c C c C C C M J w m a� c c = c = c m m c m o c m E a� m :r E a) E a) E a> m d — aE E5 E � E � maE c' nE C m OW ca m m . m . m . Cm co cmm ca> m p > n n.� a� a� > a > n > a a U > m a> a� m e m e a o 0 0 o o o o o o o o H Q W Z Z � m Z N W W o 0 0 0 0 0 0 m 0 a� o� a� m m m m a z � J Y � J i O O . O O O O O ww paw a . ate = W Q U � W = _ co o r � � a) �v ) co mE om U = 'V E O c s Q W .L Co > '0 cm 3 m � om aio � 0 3 m o m a. (7 'n nm a@ . c L o c � @ coo M. m C o p ; m E a> m Q m �' (D -i= E io c5 � .N �' o0 n. d N — Z a> a> o a� o OU L � - c -0 Em me JC/) co m Z' M c o 0 o O coy c o c am° r. o a� Q� O f L. m C C Q1.r (2 O c C C — fn Q Z �+ c 3 n E ao m co m E c m c c ami 0 o c � W LJ. m O m cn E U N m O L Q�LL O — U N Q1 C .w c a_Ei v •°� a > E E _c 'n s O co r in g c � N (D - n m a c a-" m -0 N m ch 2- o C 0 0 f N •C 0) O 7 > n.o N N O 7 CN C m n. c f`0 � N Z N a� N m cn a' � io of - a� c m o c o O — `_' m o L o m m •ca m .0 m e co a� c o u� o cn c U O N 3. 3 3 0 S '� m cn io ti m U M m cn m c E a> E .. c � m Z �. c N a� m � a> ca o a E a) m E m c m cn W Q c m c�M c c Ua' in c arc o m � � Com' (n c`o 3 •m m - c (n m m 5 m ` a) c W cj > s 0 a opo c c O N co En �� cs 6r F- N aa)i ai 0 c a� ca LO Z C a= c co a> a o a> o 0a = Q E- O � U � = > o m c � N c m c c c 0 - 0 c vi r _ F i co V N N p ` N' N f0 O L_ O C U. y M 2 Cl. a r"� = c o aa)i .� T X 0o °' m e c x 3 o c ami o m _ N C c L U c m cn N C U A � No � �' Q� Nis � c Qc mc � aci � cE � m � v O m a E o = m m a m c E c m o c m U o � 0 c � sE Baa)) °» E � mo Oa > occoc a Oc b mcp E . cm omE � corn n.: 0 c c c m 0 m 0. o o cn - m a) CD -0 a O m o m o l 0 m c o .� c c a>i c m cn -o c ce) 00 0 cEcm O cmcc � m mmm m 0 b N -fD N N O O C .O E c E -in C m 7 > > C li. _0 O 7 C E fo N m �' O N C U .= c 7 N 7 f`o a m U cn •N — d_0 m c L !� m _ — Q N N d� L_ n M O t-L > C C N - m M .N O` .c 3 _0 N N = N N c L U 3 U Q N 01,o dam n Z, c E N mCD U C m > >, U 0 > c o c m m W U .E C U U o c m m m d 0) U o o c E cnI U m Q m +� L - Em rcncmi � � � � ~ 0) E r � a� m o -' - s - c_ m V F- m 0 � � � � o - m � � Zn ~ 0 c o ~ vii ,O c m > .o c — o c a� Z 'c E N m c ri m . O` OU .� L r r, U N r, O O , C C , C N L Q .0 cn in a a m D U cn O .c co W cn 0 a W E (D W a) m CL x s. q.Jw rig r'"a {L. � vs�r swx x yv „crams p 1 �t j d fi - f 'r_" Ott : LO Egg gg (B9r" n a y' xs p x r r1"` r •„ ..v='`a,F.% taJ'2a 7•,�tr' i '. C'" .y. rs«Y+ y},r¢'ars 2. Rl cox x s•" d; w ""'+�"t t r,s 4 d'FF u''' r 2 s",:" '„.+." ° a s �£`"r, p'`'Ys�a`3'4 ,,:. i yr Ip . LU Z _ U U U L) m Lu,J Fp a) C 7 C .� C 7 7 7 E aLL Ems' Q= mmEc) m n m m m E m E ! O O y C On p <n p <n p <n m 0 > n n= > n CL a= a• . n` U @ a) a) a) Z n D m 0 0 0 D 0 D 0 D p .W U_ W F- o " Z Z Z m o c. *'' W:LU c c Q No 0 0 0 oONE m 0 -I U 3`J Oc 4 Oc. O O LU0 (L Li- m a V Z ,L _ @ OCc: m m m O v O Em O v O QLLJ O m o c omom mo cEa) co - o m �, a 2 • ar N O a)'<n O' (L 0y E m CL C: o m cam ; n m c cn O C a m :� omni -a oc' '� m D in O O vi Z ,nim a cn >. M m U c m a) n a) jm.m p a) <n o>� m c m nm m -- E m m e a) 3 p U m m n m v m cn L 3 U m o L,m a? in ol(D I- W p ° o cn-m c.m m E N cn 3 .10-. o o Q W cu LO c2 y n mmN - a) c am3i m MoE :so In O m (D m `� c o m m a) °� c m c m m ._ O a) a c ,Z 0 •` C — U 01 n 7 m —O fCO.. O L C C 0> 0 O 0 a �0 N a) Ir cn E o n c`a ° •E �. E �p a) E E m a) m " a) W f0 L , .. 2 . c 5 m ax) m 'rn U O ` a) m O. m m U 0 Z o a) c m = U - 0) 3: °' c c L a) � cL m o) •c m a) a) 3 o m c m 3 .c m m L o 3 0)m aa) m o `n N c n p m , m M ` p . m E m m n p cn W Q a) po0.oE 5 cn msa N 'n LU m c LU E W M M.o8 0 0 M o cr a) 2 s O o_ � ? m a) m a>i m a) - c -- -o c _ m _c p F-' � Z � o a) �00) a) -C E m Om _ .m 7 L_ 7 b C. ~ H o c L vmi o a ami m Mo m E m c m m c O c > (an) CQ 2 m .o c n m o m m a>i m U a) n m �' E a) 0 o L x C O a) O m Q) .� -- y N a 3 m a) 3 n m o` .9 c a) c a c c .S U f- O a) to a) O p O m > O a) O.O a) U' m p c aci aci > aci c E U y o m m m •L m N U ate) n (� j a) cn O m OU ..; O a)-= .2 ( s C UO O` f-0 .f0 C m O c mm - cn -a mE 2aa)) �.-c <n _ .m oo n33En� a'o � O L cn O >, O .� a) C L O a) m <n c a). C <n E O O cn c m a aEi o -c m a) :t-- -p c m c - m a) m .p ' U).O o c o c L Z: a) c 3 3 � _ a) > � c = m = o cn U L 2 m a) mcn a) o a) o m y m L) ai a) c m.y - c m y �. p o a nm c m m m x ami o m m � ' .m m Cc : .c = — E ° o f c a m E m o m O cEa) � � y . co i °� a) cm - s > -C m 'a(na) p � cm nm a) E -0 my � c mCCL cn a) mm ca) xEQ > o != om Q E m m m ami c`a o o m m n m U c � nm O c c <n - ? CD 'n r o o .� c U m In � �-o o - c U m � U c U '-> m c p > `onCD s m oE` ,� ' U m 3 s m mU o m E � � Qm V a) U o m > m.a) s o)m f- ~ L m m m v m _ eCNm ' O N O l - 0 LL O LL n U- 3 N X iy -..�" a')x k r ,: xs X � ' x x ,.x 4 r r t� k n x � X LLJ X � Xr_g .f?" d"'' gp LO s.tc,k a Yt 'rtrY _ tr" '. .,'M-°e t h s d a•"' _v` k< a y �'i.a`k✓.. " x rr "' a r..r, 1'73r - { .z r �'` ... a i' is i � t`Qs' �cx•S k t V i, ,x'A` 7 r.,^e a� "1' a j' srW Edi�-ai �` �" far k, ,,�, � :: a .Q m x " ,i",}E�j.1?°Y•` x 5•$, 3"` L! y r �'�i LL .� a�` `a" { 2.: �+ �cte'•y .�'-�r+tea, x Z. x `. a ,r�r�, C'r d�axr•^w `ST"5'r "M.,-,� ., ,✓•>{Ha',:tt;: Q U CO m (1) c0 m (1) (1) Z D 0 0 0 _ U - U U �) �I - 0p C C C c c c W _ c = a) c a) c a) E M aJ co a aci n n c o m o. o•co m 0. co O o rn c 0 O rn m .o m LL 0 = o = 0 0 r W a� a� D y c c a) 0- C) n_ .c > n n. a) n > U n > Co > m a>) . O c> > a) 12 o � Eoo a_ woo 0- o 0- 0 Z a N (, c co LL W O o - j 7U a W F- -0 c o O O •0 0 -0 w n Z Z O cco Q, O O ` ` ccco co O Q ^ JCML 0 0` `0 C .� Z �+ W. W -EL- m n = o c o = w c •= - c m o _N o) 0 rn� nom, n._ n O c n O c a Z � JY � J o > m oc c ` S) ` c) > Em ct° Eio wti V > _ > _ O O. d 0) o aEi �' o o o o p a� o ar O. J CL O n CL c O c o c o c n c n c n c n W V - co a) O U O U O m 0 m O m a) m w a) � -� w � a) cn t to m O L O F-' W C � n w � - � � ' m ccoc = ' � c V Z •L c p c ai vi n > cmi. o — Qca W p o5 12 o2m m._ Q o 000 .0 d = � 0 C a) co c � � U � YE ' (D > � cm � a0i U O 0 � n W a) ' o $ m m,0 o E 5 � n a cn a CL I > -; a) c Z O C N .—O. C U U = 0) n� n > _ .m. = n U .a) Q � C ncn � ;�_co � E oo cE > f0 y c)� :o � � EM C W F- O n co a� c = n n c cam cn a' a� >- c a� cE U 'm .E of 3 m >. cco0 = cnaEc cn Z ++ o U a� '> a)' m m E c c W W �C cmi o � 0 . om cc = Ectn ° .- loco c LO CD m w e a� a� _ m 0 o n m U 0 N 0 : cn r U 0 a) w a� m w ro in m n . Z O �= cmi '3c�m CD 2 c o mof E c m N X '� Z c c cc U m mt 0 a) a) o o O � o a) 0 c w n E c � � m me � o � m o a� 0 m UD m c n ° _m y Q =o m c c m 3 t Z D m .v m o p U p c O v.c`a 3 v a) � cn Q m C U 0 W v uni -o _ c 0 a) •0 L) a) •cn `o $ E 0 L) -- o.,E 'm 1� W a) ai U a) o a) n ami ate) c c a� o W M 3 .S a) m c o n= 0 c = O ' u Q a> E 0) F- N Z N o x m e c 0 - m E a 0 c D � a) > m • m a) Q O a��i o na) aUi s an E m � cn cn - a) 0 0 a) 3 c ) .0 0 o t a) w E -0 m o m Z Q 0 0 U c . a)IL 0 p a) E t N O > @ oc) n-C m � oc ccaa � paa) m DC (11) M ~ n a� cn ami m a>) c ami ) co a) E m c co .> U O a) n= X t > a� t E c m c d o a) cn m m = .E cn cn CL o V m a) 0 o co w ui a) On > a m c `m m m ` w E t0 c N •m a) aa) o - o E2 w a� a) .` o 0 L? ` cn Co � 0m Ewa aa)) c a� � m oa)" � m C CL :>2 `_ a>i a .o w c I c E CO > o w v n c a) a) cn 0- > C > N j cn m a) cn 0 m E :LD m O m a� U E aci . . Uo mU m a) 0 � a � O t a U t uni E n cc m e U c CL a) -- :2 c w w m 0 •- Z cn o m cn c - U = o w O m E m <n 0 ami c U . m E Q '� > co w O` t d U > a) m a) o _ a) a) O > v _0 U U m •C cn y w a) n= m e a) O m a O Q m W a� r a� a) c °? c ai > aUi t a� m a`) U c o f L o a) Um0c o ';i Omo n > - pn 2-!z O a) co cnLL n cn cnCDn o. - a ig X i4Y"•` st x i`"C�`: T1x, O LLJ xsaHkjf NM a- : sir s$'.fM1 to ME- (V eta ,*�''„' w'�K ' 'Ri•*�"*p - 417 "1+ 5+"x a �: z"' � z v M wb` C§fir 'r,} ��. W d UJ Zm 0 0 cl cl O Q 0 -0 c -p C -O C , c •�- J m E c E c E c. E cEv CL o) 0) Q1 0) O c 0 c o c a c a W 7a°i 5 r a2i o O c c c > c > U > cc m m m ° Z (Lo (Lo CL cl � 0 ° ° ° a U) c in c in c inc W O n O O o W f- o � 'c o D 'U o � 'c o � � 'c w a �, . W W o m c 2 o m 2 o m coo 2 o m c 2 ° ¢ Z = ,� in - c c min N a o c c c a O c c c a O c c c a o c c c d z WJ .Y � .J �ma) .0o �ma) � o CD .!2 (D .-0 1 . c > E m c > E m c > E m c > E m Oa V a p0000) oo � 2a) oo2L' 0) .00 � cv w � r c c - c c D. J � Q) CL= CL tea- 'aa-c aia- ac (M CL ac 0m0m-D 0mCDm_ 0caacim-0 0m0m-o W Q U w w o o c c cn cn m O >1 F- W = O ° ca) .m c •CD m -0 � U W •L -2c r a c L U Q O mmym ' � .0 oyr co ,m CL (� = c C .- m 3 f0 a m .o 3 ai o c O m.-. a`) O m m o � ? (1) 0 .2 ca U a m Z cu � c o Z > o m m ui CL y v J z xc m cn ` o m a)mEo ` (n U m Cf) o F- m mE f° � a mm mc LL c c LO tm E .� m m m w 0)2 ;o .. E c E .N g c c 0 c c rn c 'm m _O c O Z O cm' m ' c a) m y c c a) ai � vi O O N co cn x D b L ._ m > y (Da) > c Z o 0 a) w 0 � ami m :(n y m m ° o U 0 -o a 0 " O o c c ,r c O Z - N o ; oma W cn m m �.c Z ac a > L E o W M ry ui M a) m m E c 'a -E! °CD _0 m -0 •� �... N c° cu L �' (D a (n m E c 0) -0 V) to Z C 'S S E O a) L cm c cn = c Q F! Q cmicu, U) a) - aw ocy � m 0 OD o 0 0 > > o w o O Q :4 a).E a (n -0 a) > v o c (V C7 L U c0 0 N W ui i0 m m m >, a) m 7 O 4) U m O C7 L C i6 Q1 ip L O rn C O a) U L m •O m .m U -O U V C p ') OU C C c a O cr O O y m O y ` L -0 a) c C O _ a c � ao0 o °M 0 - 0 � m CD c > ) UO o o c c U U T mm 2 O a a) c m � a� y a) vin ° E w e a) cn vi (n a) O a) . m m c c Oaa) m a) EL CO ° Cu cDa Z a) cm ) 30CD ° Q 3 o mC� L mom° ° � '� c cC m � � W m O c m a) a) c >, o) a) m is ._ ;o m c c - cNa co s cco °> m e ¢ m V L m o L 'm co N a) -- -_ U 75 T CD n- O C4a) y c' 3 � o 6 U a _ .� o o 2, V.. rop mi� r T .V 4'"' x ..a1. +,� .tri-••L t Y""3kz F", �' t A + d AMM.s � t ; ss a a S 1n 1111.1-4� dRX`h `�Sy Sb gy �IF& r,+-"'> S�. t- ,,k f. K 3s`'"§a'b ta.. Y .-t ry' 1 *' R -;.rix x�� X � aSarS- i�gg'a%,'. t t-u'a r � d�Yc �` '�-ur _"h s ,�..,7+xi,„.p t '*' �"— �� X a .�k l's X £ � X. rk #s z'�kr'"t X .. :=s;' 2; UJ CD CD W CD Z 0 0 0 C) 0 O Q .0 C - C C C cn C C C C M JLLJ ccom � m m 0 � m o � m E r Q. LL EQ CD a CD EQ c '� CD EQ m a c`o O c o c o c .o •� Z.• c o •� Z c o m c c o r OW { oy ca) � mo � E � mo � � m O > > > E > -- > a V >. r a) m m m W 0 m m N m m a o a o a o m IL C) a o m a a o 0 w uJ H o o w a =ZZ o •m m Qm co oW W aE 0 o m o Z. aoc0mo m a) m az J > E m m 0c O O w U- 0 V CL oomL oCD CL J t maw -a �� cn ma W V O m aa)) m O (n cm CD m m c c 0 > m m m - rn c 0 W 0 .0 o o vi m m m T > - 0 0 0 ~ Z .� .� c0ao '@ m � � (n CD mmm� o °.•@cw N . Eami w z 0 m C — 0_ c Y �o @ 3 p C tea c v 0 E w a) 0) -- CD a) o Qc o 0 c (D (n m a) -- E C m C w m C m U O 0 a) E w m E 'p U o c 0 0 m .m d 0 Z U p .. c 0) ( 7 - a) C Lm Q .@ 0 0 LL 0) C J (n o a w `n c 0 a) 0 s m o m. c@ o,c m � W C � soc E � @ w O- - c0oo @EZm �) aQ Z LL o is - is a E o s m a`> U m cn .� o c am. D7 � � � ` o m0 �' .a) E -0Emc (D CD CD (n go . Z 04 O ate) C D c m o=` a (n .0 CQ o a-C o � a � 0_ m - 'o m _.0 N � . E � - O `off 0@0 Czm � @c � Eo m W o 00 � a) - 0 a- cn o � > = 0 - CD C) C) CC 0 E o c 0) 0 m m e o o m. rn c m c 0 c—>a •� E -C c o U > is (n a) 0 '� U ami0 _0 CD c W Cf) 3 coo C (n -m0 > r of o c c ami m o) `T 0 o s — a) — m m - c L� `-' cE o > 0a � ooa� c ooEm orrn m m a) E a) 0 m m m E rn U o ,E U @ 3 m E @ N a y o aa)cn o 0 o 0 0 m 0 m .� o N m a LO z Ms rn 0 0_ o a) w cy cr E 0 m 0 . m e E O 0 � � '� E m � mo > � c -Cmc � 0@m C0CD o o Q m. rn c c ai o s CD 0 - 0 CM 0 �a .- E m'gin m t ~ °) a) 3 s a0i 0 am s is W o o --0 E S c 0 O Q E m m > o •> .� o) Z is C 0 — a -o 0 0 N H 0 0) (CD n 6- o y E O o o s � o (n E E � � N y e co (n . p > of @' a om 0 v m m �' o) cmv a E cm_i �a m E cn .` > . vi c m 0 0 0 0 c rn a) C) v c0v — C m m e m o o E 0 m c m o c m o m c m a CD rn ca o Q m m LO cn0)— = = a@ CD (1) >-> jE 0 > c � Ecmvrnm m s o 0 0 a c C 0 0 .� m �, m o 0 s w o m aCi .S - E M C o (n 0 0 0 0) - o m vi > s 0 -) •U) is o m •- 0 0 - d -o - E E c am 0 O c 0 m 0) 0 -0 m o m m c m ai 2 0 -C m 0_ o - o C 0 cn C Y 0 (n .C m m m E m o 0 w m ; 0 0 rn CD 0 2 a) C — m �a m � . m ova o cs m 0 m m a 0 0 _o ( 'fn > d� U > U Q 0 (n d-c U C m C a) H C `. � � p a) p o am > o 0 m 0 0) cca0 oo E o 0 0 0 = 2 -Ca) 0 L) s a o o) z � 0CDEm m 0o � � o � a0i � � o � 0@cc`a cca0 CD 0m � -- Q I'rn m m C m C m� m m - 0 'C o c b,� >,-E L) CD ommc) 00c0 mE � mc = v� CD � •ooC � c Uc woo � � wa0IE50 c`a@o 'rn am`� Eccn � m � � m� ma Qm o m ,� E m m m 0 c > E c -C m m t m m m -C c o E t U - m m;r c Q m U C 0 Q 0_ Q > - 0 g 0 (n a) .0 c 0 c D 0 s 'rn a`) .O T U@ °' ca �i 0 ri E > v o0 y m o r aCi an m -00E m 00 m 00 wQ 0 c Ym . t LL �9rr w s .`✓'#d c S nr Ley„ '�. �l tl + x'"H`�i 3^4 c.0 �.,,,�4�'�r i "'`I+-sFYw�•2 z ,t"•?y� s-�.• : � NrtCy " t W ' c y ,a O + c , 4tsk+ • ft .k-stii r x�x' �{a kvr Ya,a� s 5'•$ fi"a.. s u�+ 3 a a �aN =^ +u s.)h c�E€4��, �•`�`��,"�WN-q,��5`C'• �#n�'$,+ w •'fi��{pvts � X V;"�. `°`tldn ,%,g u ' rh st Fw op.�. cc AmPt. NX mgL ��`�•f � �i.;'�et 52�i°�.a�3r'��: .s�°r .{Sa�.. ,p la t �`,s�w�'"f a^4N xu`�'*'X�`a .Q co V � uy 1c t s rxxZ 4f S . X F -;e- 5, 'R F.. ?�e, n ''q't' X SCF tt. ' X p r F fit-' •a'x'v 'k�' LL aa terry .. ,..Gf k,>,,+,r....,M,,,.- .r �:_ .....Msx,' _s,.�%_.,.,•, ��.. ,�,..:.ar rir n'� .. n cc W >. a - . a n a a Z Co O p p O Q c c c c c a Q, E m, E m E `° E `° E m O c o o c) o a� O W y c c -y cCD c 0 O > C > C > c > c > > mm m m Z V � o � o am o � o LLI ccc W F- oma) c - E Un Z n Z E 0 C: a� a� a o n +' ZW 70a) aoc c c c g � Q Q •y 2 c)� 0) cmco .0 0� 0 �, aZ (L o = a).a cn c c c O�1a � a. o0a) ° o 0 o r wU- W � U — �' c LO co co >. c >.c rn c - m 0 b o ,E � ~ W _C o v`4i ? g 'E C a m s E m o a) m U Z •L N a) _ (0 Cp C m O (� Q W O °� a a v7i 0 a) �a o 0 � CD d = a) > o c m aCi QaU m` m W e- e � QmEa� b _ w >: c E m omm 2 a) o _ Z aCi m o c m t o o E CL m - C � cTi J r m E Zc � � � > F- E Via) Amo arc Q L� C = ai. aci �_ c E E o � .7 y.� o W aim` cm3 � c � .1° = � (D U) v o ZO = � 0f° > � oEl- � 3 �c > 0f0 � °D � � a) f° 0a N m o CO a) Y U o E o c m c a>i 0• U) o m m 3 > t _j o - �, o n n c (D .W c'c c L j n Z W C j cn m E O cu N U a) 7 U i r � 7 0 E m iri 2) a) U Z o c o ? 0 ` a) c E _m ¢ U 0 Z fN0 a U11 m1] coU =cu CU _E 0 O. a) a) E — 7 ( .c W cn D m t o y ( � o �' am o o o. j �' ->.� c Q 0) - � >, CD 3 m00 0 - cam a� ti W E .c m ac) o m Q x ami c 0 E 0)-6 n.C a'' E >) W M G to L cn U '� C c N t o -- U o ' vi a) f° m m o 0 E m c U 2) 0) a� CM o Z mo-t �n cavi E E n � � °� oo me c . � cn Q H cN O a) n3o ?� � m E o " m2 �° mv0i � a0' M aa)) � c «' 1-' .0 y o N m m -0 Vi O f0 .c '> O. Z' ` y a) U c.'5 -0 c H CD Q m cpm.' cm`a E .m U o � m U)cu N c c m .5 m Baa o L • L E 0 m o m 7 m c� .c cn 0 E c cN N p cn o a o E � _ m 0 a) 0 ' 0 m � o a`ni m a)o o A C; F- coOEco 0 - m > a) c � 'o ` EES " n (Dm C) O cnc o .0 c 2 0 a) E m 0 C � .--i (D c CO c CL E � � a) U. a) -O (D c > E n o m - . m (n n coo m m a) v, C d� m U O E O o 7 m C@ "c 'O to m O E _n L C tp '> N O p O f° o> a m N o oU m �. m m V E m m > 3 0 @ s E cn � a 5 E E o m > o cn 0 c - 5 E t t 1-. m m I o -2Q Cn 7 •7 a) c 'C Vi m a) 111 M v, � o 0 c m` m E c 0 o a) -0 V L n O m n _ Q m m in m . -- o z p O t6 to 'D a) m N c E L -C L m 4) in m n N to O m e 0 jC) tnU c o 3 'E cr 7 Z o � m cn �� w m � 0 m 2 Z EO a) m a) U N m o 3 Y co o m' m m c o Vl C Ea > o � E � d r a) E a� mU v, m o m � L c 7 E o Z m .cY E c 'c p m .. m 'i C a) � EU m CO o � •X C) 0 � `— �L � Vl m >,F' C � CO .0 � N � 0 � f`0 �Q1 f0 E N C a .3 C_ m U .0 U c • n III > m > � 3 a 'cv (_ vi .0c) oa�°� mac) Uac) m � aciE Qm V cU c oami :: '� rEc E Cmcm) E tIm c - E iL d Q c m o m cn [0 in F S E 'c Q m o ca aci F- F' j E a) cinL rn •O N E 7 .c �_ t? � C 0 r 0 n a) w ( r a) r m C � ca d YU- I- E Ytn o � � U CL (D Ep Z ac) O'E c > Y v v. � o o0 CN c cn .cn c c p c U) ri)N E 07 O E E. c E O ca 0� m > 0 0 c0 V 0� N N ,U >U C O N � C N U 0-.- O a>i � �= •: a>i a>i c •° a>)Cl$ � ! a 0 U) 0 a >, c c c a) a) c c m a) a) a) m cm E acU a) mE 0)EQ � 0)E E O _ m cu U a) c@ .0 m E m c m c c co co > U c C C- c p — -- c p O m m m a) a) a) t0 m _@ a) (0 N t0 ° a) > 0- 00 0 (n0 � 0- 0 0- 0 > 0 0- 00 m (0 0 O U _ (0 c c cu c 0 0 c0 E c N O C7. W Q O0aa>; U a) O c m a) o— oE O OE N E L LO pC ° E ._ L a F- c QE ao3 Qo QE U) N J M c cn c c c cn C) Z Y o a) Y ,o a) a) a) Y T O U E o U E E E O w � Wcp cp 0> _� � O o o� � Q V cu U C cn N (D N .V U M a) N C CO j a) a) � 7 Q (� C m Da D 0U0 D D 0aa OUZO 0-°i °c -� acia�iaaci cc cc C: -E ZW � @ � � EU) a) E c0 a) cu ma) a) m cn ❑ O O ° E .E p v,0 m 0)E c)E c'E E E LliW F- Z E 'E ` ` ° c Y m m` .c m c m m c`0 a) c0 c0 m o ` LL Z F- c m, api aai aa)) '� O co m ca aai as 0 0 0 W F- Q Z E 0-' 00 00o :E 0- 0 0- 0 0- 000 Q � uj O WUUan > �cn 0 0 5 .0) > -0 Eo �00 Lfn @ _ � ZL m 0m (D U ' n W C: cn C @ N 7LU O aa) .O .W U > L M. O � aL W - Q coo _0 U) cn � d c cc o ccn0N ) ° cn ° . cu Q J N c Q U o p c a) o U •N m p a) s V cco c .- (1). 0 > o _- "00 c 7 L ° a) 7 W Z v> in p@ L c0 a) 0 > U E >' N 2.L °) a) a) O C N O c L C cn U Cu L d N Q W -p -0 m L Z a) — cu ._0 = @ >, cn a) N p C7 c0 n, a a) E cu s m@ -p c cu w . m ° ° 0 d Z " m ° @ cn > > c a) m c m cu E o O cn @ ~ a) C_ °) c0 a) U OL U O — ` L p U M L cn c L � U a) ` •C c0 3r c0 " N O .0) O a) 7 Q' a) a) w N y L d O c0 c0 cn p a) E p^ .-.w — v> a) O y to w a) C O.c � a ° Z L p c0 0 Cu c0 LL c 0 a) c a) U .E N ' Z c m ° � cA a ° � U E N 3 0 0 � v° w @ ui o W a 0-)p m — cn @ Q c"°o aNi p •p c a m m ° c c0 E cCD n o W = U p O 0- o c0 0 . ° ° N c a ° j ° m U ° ° o o a) U E N a in o N o -r � a>i 0-i c ` L 'n c w a) c ori p O c0 N p a) d (n @ "O •C L O N F- c0 O' O L 7 LO cn m m a) s a c0 � - `� E U — Li _c L O) '7 N c V a) c)L O O @ p ° a) "p a) (0 c0 vi co o c0 _ _ O c0. O c L Q c0 O ,� .b c 'C aUi ° (0 N "� o '- C �. a) a) cn w v c a- 0 a) c0 a� cn C L O U C 2 a) a) — Q O o m °)-o °' E @ cca ° � Q c0 n°i m a) a X- -1.4 Z °) ani;" '� a`ni acu Ni c a c _@ ° cn 0 o > >,� >, @ c0 c c a� c0 ° o ° a) Ua > U U ° a o 2 o cn U) _ cn —cuP Q UU Q) cvj O x' cu C O c�i o Q)Cu . NQ C Q CVS NQ In CLW <r v � o 0 0. c CV c cn 'C (n c c cn N N Y a) Y a) Y a) a) Y a) Ld tV E O E O E O E E O ro CLo o o o 4 > > > > > U U L) U _ d d >, CC C C C C C C C C C C C C m C O O c° a) a) c° a) N co a) c° a) a) 0' E E E E m E E 0) E 01 E E . a) :C C cD c0 C c6 c0 C c6 c6 C c6 C c0 c6 C: a a c a a c a a c a c a s 0 ca00 ca a) 0 a) 0 tea) a) 0 > d 0 0 0 .0 0 a 0 0 a 0 a 0 0 m cu of N U C_ (0 "a) ti a) O > O > O > a a O > 0 .0 0 O 0 O L) = a) 0 Cy E E a E a. E a 0 7 0 E a LO - a a a o -0 a c 0 c6 0 co 0 M >, c 0 cv c - I- 0 a a a o ca � t o E Q E Q E a o .3 Q E fl) CV J ' V) chZD U amici n c cn c cn D c c cn U E o E O E O _ E E 0 W 0 0 a� a a _ 0) o 0 0 O. O � > > > > > - M >, 0 � � 0 Zai', -0 Baa Baa Baa _0 _0 4) C C C C G C. C C C C C C G C Z W C C C C a) a) a) t6 N a) a) m a). a) cD co a) t6 a) a) 0a) °) EEE 01EEE °) EEE 0) E 01EE W W t— Z E C C C C C J Z t- a C aaa c aaa � a a a � a � a s LL- H0Z E ca000 c6a) 0a). m 0 0 0 ma) ma) a) LLQ _ d000 4000 4000 a. 0 a- 00 (7 cn 0 ca `� = 0 cn -o c 0 c o -o a)LU U) _ Z LL U) 0 c - cn c _ a� cn -0 ' m m as c F- V V W m a) L t (n O p .c ti — a) O cn a WW CD >1.� .o >; cn E 0 00 'E o 3 .3 a o 0 o ` 0 co t- n- � � CD a = -- � 'a) a) c �' c aa) a) N _ a•° 0 QfAQ -0c0 0 � 0 'cn0 " co " m L) ° M4-- C7 t- J CD in c � � U E "� r � � Q -0 o cco a- >1 L) r c 0 c c F- -0 (n c6 c .N 0 co. (� c WZ aa) c0 -0 00 0n3a) oc a c0 >,_0 a-0 m � --.) 3 � c0E0 E.>,r � � � -00coa) N a o- c � � 0U) d LU a) a) a) L)c: a) ) a) � 0 -0 M 0 C60 aC6ia CL Z 0 r c a) F- -0 0 0 0 cA a `° cA E -0 0 ' �0 -0 E. 0- a) N Ec � _ c v0) -_ o. ro -0 0 0 o c LO 0 0 C: 0 F- c ca 0 is cu Co 0 r 0 0 �, > c 0 _0 0 0 0 Cl) co c t r = co c a) .c) 0 3 ca a o o > O vi ca E o cn r O a) a� 3 0 M c 0 ' >+-0 co 'E CL) cn -0 cn a Q CU o a) ,n-0i o U) C W ca 3 v ccoy cas omti L) (1) Eo c •o 0 0 -0 mac ?� - cn0wc -- c ,� ° coo Zcog � `� c 0 cA 0 O - cn a) -0 o)= .: o m � � (� -o a- o m o coo 3 aciU cn >, io 0 0 cn 0. o •y 0 0 -E 0 � 0 000 0 0 � �, c`oE0 -- a Q TO: -M -0 � 0 U 0 � � .0 cn 3 o o oo 0 c a� cU 3 E (n -0 CD—0CD cn c � O c E c0a a) c � m U m 75 0 - _oma D o c E �; c c cn 0 ° o o ° •� cu o cco is r 3 > 0 cco N F- is E E cn co a s =' 0 3 a) 3 > oma : �; a) E oc co mcc ~ 2 c0i ° vi m �cc c 3 � c -0 0 2 a) � c .- o a, 0 3 (n- cn o > F ca 0 � c6 0) O 00i Co E m 0 Q o 0 c CD t Z ca 0) a� :� -0 on -0 L)ic 0 �°v ° c o aE o y E c r � 0 con . is E c =o co .E .N c E o N a E c E 0 3 a3 o c m Hca > = •ac a) C0v- `°, ° 0 xo0 a) 00� aUi ° a) �c.caco oy .o m F- LL 0 cu -0 o ca w a U o x U -0 CO d cn . co be. '- y 3 O a) Lo "k to U cB Cl) M M C a) C N Q a) M Q) M 0) M N V CU � s O U O rro rro rro oo ro � m .� n Cl) a c-53 c-i3 tiZ � ►= v ° 'c 4 W � o 00 c7 C cn N a) Y E O co CL a N L 3 LL (1) m °' E N E _0 C 0 _ .0 C (d (6 c a a > d c C E ti O O > M p (L) O NO CL LO � .o � m � a F- o Q E fn CN Z YM c cn cn CD O U ° Y U_ Ems = Q w c, o � � L) LI? > '� � Q (� o m oaa OUZO m z LU � ._ (nna0'0 = `° a E W H Z of °e_)E E E LL > Z H a cco aai aai aai OQ W anoo U oEm LU U) cLa) _ m _ Z Li U) LL a) 3 w o ca W W F ? ca 3 �c 'c o CL fn — a? a) � a) O m Q Q M C a cn aL O a U) o U _ — c F_ WZ 0)— � c aLLen SOW � � � � 0 CD o a) ' a) a--Z a � —a >N LL cn C)_ 0) O o 0 o U a) °)0 a) en o) ClCU 0 N 0 L U N C Z C L m C a) O 2 "O E O W S, 7 = L S, c 0 N a) � N CL 3 m .E •� o o a) o `D ai •E a a " ° V CD a cn 1 L in N O LL a) V 7 O C L9 °- L — o Y O .� C a) C ~ U C a) ^0 V O 2 a) m co a) -0 O a _0 E L 0' ` 7 � � O CL0. � O y 0 a Cn L:e C co . 'C y a) O y wk rpt cn t x O a) U Q i co 41 co �D Z a) � 4 Cp a U O wo 00 _ N ca� E0)N o_ a a) ` > .c ti c Kaci m . E m a) w . co C: a > Q. 0 a) � � c 1� a) O > („ a a) o N E E a Co N r s CU N J ' Z Y c O U 1— W U o U) U `;) > QC7o m o C) -° -° ZW � co ° cno00 CD mE W W N Z Ec Co U- > ZF— n m OQ � W � a0 } a) c a >,-° o 0) a) a) = a) cow co '- U c -- a) a) Y F- WU � ? � S ' N c L) -C foo o •c a5 :s Lo Z �- m o rn cca o `� _0 a) .E a) a-°) o �_ a) .o >, >, U U W m� w a w c ._ o ,� � co _ a) -0 -0 W W N cZ ° o o °a ° ° grin ° c a) ° r F— C.Q >.� CD °c) io �� c°imo � >, Co CD Eos a? o r ca F o . o • > c-_ C7 N Q a) � � �, a> c 5 3: " w 0 a) � o a) -C -0 a) � F- W Z ��is -° O c c0i Co � cn � � E - O :� 3 a) D � cu c a ) oL) CD ° a N � � CD �v ° o CD cna Co 0 0 o ` ic ` cn c � acn r u Cl) c a) ° oc N c ° ' EO 'O OaDd wo O� O ° aS o > oa > cn r ) .- ° °Z o r� o ca U r o 'c co L 1 -0 co c ° E E co c . o cn _0 a) a) c o c a) a) > U . E cn a) m O a) " � � a) • O = M o 0 a) E J 3 r _0 a) :` O .� -0 c . cu co Co L L co -0 U o cD N U F– O "O N co -0 O 0 7 o — 5 0 "C "C (U ?� i N C U L O � — U cn a) U a) U O U) ` L ` 7 U CC) 00 ` C .3 N."O = N O _0 co co N c "c N c O -0 co a L CL 0 N co U a co E C) C �L) 0 co E -2 N u) O) o N a) = .° a_ a) c? O > O Q a) > co O m O r 0_ a) L p O c J L a 7 L ,° V .0 .7. 't ° Q) O -O L U a) O cn O a) a) C p) co c .° vUi � � -0 I H co co.� col— 'UL � LLw C (n < UO22Q0 co UZ N in C� N L E > Q L QL O - f— Q O d in O f— a) ? r N c') Nr Lh cp ti C co r - � n I U f Q) d � LU . i`': N •� I Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk,Fresno Space above this line reserved for Fresno Count Recorder's Office P Y ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY cn r 11 SECONDED BY�aQPG BILL NO. B-4o ORDINANCE NO. 2004-40 AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12,. OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-59 has been filed with the City of Fresno to rezone property as described hereinbelow;.and; WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 17th day of March, 2004, to consider Rezone Application No. R-03-59 and related Environmental Assessment No. R-03-59/C-03- 204/T-5237, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the R-A/UGM (Single Family Residential-Agricultural/Urban .Growth Management) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) zone district; and, w WHEREAS, the Council of the City of Fresno, on the 30th day of March, 2004, received 0 o o the recommendation of the Planning Commission and concurs therewith. i i Ordinance Amending Official Zone Map Rezone Application No. R-03-59 Page 2 March 30, 2004 NOW, THEREFORE, THE COUNCIL-OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon', review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own j independent judgment that with the recommended mitigation measures for Environmental Assessment No. R-03-59/C-03-204/T-5237, dated February 24, 2004, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/EA/UGM zone district is consistent with the existing medium density residential land use designation of the 2025 Fresno General Plan and McLane Community Plan as specified in Section 12-403-B of the Fresno Municipal Code,. SECTION 3. The Council finds that.the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management) zone district to the R-1/EA/UGM (Single Family ResidentialJExpresswayArea/Urban Growth Management) zone district: Lots 52 and 53 of Eggers Colony, in the City of Fresno, County of Fresno, State of California, according to the Map recorded January 9, 1891 in Book 4, Page 60 of Plats, in the Office of the County Recorder of said County SECTION 4. This ordinance shall become effective and in full force and effect at i i 12:01 a.m. on the thirty-first day after its passage. I I CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I REBECCA E. KLISCH, Cit Clerk'of the Cit of Fresno, certify that the foregoing Y Y Y 9 9 ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the _ ioth day of Marrh , 2004, by the following vote: Ayes: Calhoun, Dages,, Duncan, Perea, Sterling, Castillo Noes: Boyaj ian Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorne. B y Depu Rezone Application No. R-03-59 Filed by Vic Deverian Assessors Parcel Nos. 310-270-03, 08, 19 K:VAaster Files-2003CREZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\R-03-59-CC OrdBill.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11975 The Fresno City Planning Commission at its regular meeting on March 17, 2004-adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and .the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5237/UGM was filed with.the City of Fresno and proposes a 391-lot single-family residential subdivision on 80 acres of land located at the southeast corner.of East Dakota and North Temperance Avenues; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on March 17, 20041 to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, .WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated March 17, 2004; and', WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is ;no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5237/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued -on February 24, 2004, prepared for Environmental Assessment No. R-03-59/C-03-204/T-5237. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that approval, of Vesting Tentative Tract Map No. 5237/UGM subject to Section 12-403-B of the Fresno Municipal. Code, is consistent with the adopted 2025 Fresno General Plan and McLane Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves.Vesting Tentative Tract Map No. 5237/UGM subject to the Planning and Development Department Conditions of Approval dated March 17, 2004. The foregoing Resolution was adopted by the Fresno City.Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner White. VOTING: Ayes - Vang, White, Brand, Brown, Harrington, DiBuduo Noes - None Not Voting - None Absent - Kissler DATED: March 17,'2004 NI K YOVINO, Secretary Fresn ity Planning Commission Resolution No. 11975 Vesting Tentative Tract Map No. 5237/UGM Filed by Vic Deverian Action: Approve KAMaster Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\T-5237-PC Reso 11975.wpd I FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11973 The Fresno City Planning Commission, at its regular meeting on March 17, 2004, adopted the following resolution relating to Rezone Application No. R-03-59. WHEREAS, Rezone Application No. R-03-59 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/EA/UGM (Single Family .Residential/Expressway Area/Urban Growth Management) zone district EXISTING ZONING: R-A/UGM(Single Family Residential-Agricultural/Urban Growth Management) zone district APPLICANT: Vic Deverian LOCATION: Southeast corner of East Dakota and North Temperance Avenues APN: 310-270-03, 08, 19 (80 acres) LEGAL DESCRIPTION: From R-A/UGM to R-1/EA/UGM: Lots 52 and 53 of Eggers Colony, in the City of Fresno, County of Fresno, State of California, according to the Map.recorded January 9, 1891 in Book 4, Page 60 of Plats, in the Office of the County Recorder of said County WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single-family residential subdivision; and, WHEREAS, the Fresno City Planning.Commission on March 17,..2004, reviewed the subject rezone application in accordance with the policies of the McLane Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the March 17, 2004 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-03- 59 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated February 24, 2004, prepared for Environmental Assessment No. R-03-59/C-03-204/T-5237. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/EA/UGM zone district be approved. The foregoing Resolution was adopted by .the Fresno City Planning Commission upon a. motion. by Commissioner Vang, seconded by Commissioner White. Planning Commission Resolution No. 11973 Rezone Application No. R-03-59 Page 2 March 17, 2004 VOTING: Ayes - Vang, White, Brand, Brown, Harrington, DiBuduo Noes - None Not Voting - None Absent - Kissler DATED: March 17, 2004 jSFr P. YOVINO, Secretary o City Planning Commission Resolution No. 11973 Rezone Application No. R-03-59 Filed by Vic Deverian Action: Recommend Approval KAMaster Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Devedan-SAC\R-03-59-PC Reso 11973.wpd i i i i I f FRESNO CITY PLANNING COMMISSION RESOLUTION NO.11974 The Fresno City Planning Commission at its regular meeting on March 17, 2004, adopted the following resolution relating to Conditional Use.Permit Application No. C-04-204. CONDITIONAL USE REQUESTED: 214-lot non-clustered single family residential development with reduced lot sizes (area and width) PROPERTY LOCATION: 7001 East Dakota Avenue(310-270-03), 3183 North Locan Avenue (310-270-08), 3206 North Temperance Avenue (310-270-19) PROPERTY DESCRIPTION: Southeast corner of East Dakota and. North Temperance Avenues EXISTING/PROPOSED ZONING: R-A/UGM (Single Family Residential-Agricultural/Urban Growth. Management) zone district to the R-1/EA/UGM (Single Family Residential/ExpresswayArea/Urban Growth Management) zone district WHEREAS, the Fresno City Planning Commission during its.March 17, 2004 meeting, reviewed and considered the subject conditional use permit application relative to the staff report and the environmental assessment Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated February 24, 2004, issued for the project; and, WHEREAS, the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at.said hearing; has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit Application No. C-03-204 Is approved, subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in accordance with Vesting Tentative Tract.Map No..5237/UGM, dated December 16, 2003 and the Conditions of Approval for T-5237 dated March 17, 2004. 2. Development shall take place in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-02-204, dated March 10, 2004, and.Exhibits"A", "B-1", "B-2",."C-1","C- 2", "G3", "C-4", "D-1", "D-2", "D-3", "E-1", "E-2", and "E-3", all dated December 16, 2003. 3. Development shall take place in accordance with.the General Conditions of Project Approval. 4. City Council approval of Related Rezone Application No. R-03-59 filed for this project. The foregoing Resolution was adopted .by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner White. VOTING: Ayes: - Vang, White, Brand, Brown, Harrington, DiBuduo Noes: - None Not Voting: - None Absent: - Kissler Planning Commission Resolution No. 11974 . Conditional Use Permit Application No.�C-03-204 Page 2 March 17, 2004 DATED: March,17, 2004 NICIP. VINO, SecretaryFrelanning Commission Resolution No., 11974 Conditional Use Permit Application No. C-03-204; Filed byVic Deverian Action: Approve with conditions.as noted.above K:\Master Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Deverian-SACK-03-204-PC Reso 11974.wpd I i i { i I i i I � i l I i 4 F I City of REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-D COMMISSION MEETING 3/17/04 March 17, 2004 APPROVED BY FROM: STAFF, Planning Division /n�� Plannin and Development De artment o DEPARTM- IR 9 P P SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-59, COJFIONAL USE PERMIT APPLICATION NO.C-03-204,TENTATIVE TRACT MAP NO.5237/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-59/C-03-204/T-5237 EXECUTIVE SUMMARY Rezone Application No. R-03-59 proposes to change the zone district from.R-A/UGM (Single Family Residential- Agricultural/Urban Growth Management) to R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management)for approximately 80 acres of property located at the southeast corner of East Dakota and North Temperance Avenues. The applicant, Vic Deverian, has also filed Conditional Use Permit Application No. C-03-204 and Vesting Tentative Tract Map No. 5237/UGM proposing to subdivide the subject property into a-391- lot single family residential subdivision, including 214 reduced size(less:than 6,000 square feet)and reduced width (less than 60 feet) lots at an overall density of 4.9 units per acre. The applications will bring the zoning and use for the property into conformance with the 2025 Fresno General Plan and the McLane Community Plan. PROJECT INFORMATION PROJECT: A 391-lot single-family residential subdivision on approximately 80 acres (gross)of property to be developed at an overall density of 4.9 units per acre APPLICANT: Vic Deverian (Engineer: Rabe Engineering, Inc.) LOCATION: Southeast corner of East Dakota and North Temperance Avenues (Council District 4, Councilmember Castillo) SITE SIZE: 80 acres LAND USE: Existing - Vacant Proposed Single Family Residential ZONING: Existing: R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management) Proposed: R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) PLAN DESIGNATION Proposed R-1/EA/UGM zone district and 391-lot single family AND CONSISTENCY: residential subdivision is consistent with 2025 Fresno General Plan and McLane Community Plan designation of the site for Medium Density Residential land use (4.99 to 10.37 units per acre) ENVIRONMENTAL FINDING: Mitigated Negative Declaration issued on February 24, 2004. PLAN COMMITTEE No Committee for This area. RECOMMENDATION: REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 2 STAFF RECOMMENDATION: Recommend approval of rezone application and approve conditional use permit application and vesting tentative tract map subject to compliance with the Special Permit Conditions of Approval for Conditional Use Permit Application No. C-03-204 dated March 10, 2004, and Conditions of Approval for T-5237/UGM dated March.17, 2004. BORDERING PROPERTY INFORMATION t, Planned Land Use Existing Zoning Existing Use North Medium Density Residential AE-20 Vacant (County) (Proposed Mini-Storage Facility) South Medium Density Residential R-A/UGM Agri culture/Vacant Single Family Residential- Agricultural/Urban Growth Management East Fresno County AE-20 Agriculture (2025 Fresno Genera/Plan (County) Southeast Growth Area) West Medium Density Residential R-A/UGM Agriculture/Vacant Single Family Residential- Agricultural/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-59/C-03-204/T-5237 considered. potential environmental impacts associated with the subject rezone, conditional use permit and tentative tract map applications. 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 February 24,2004. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND / ANALYSIS The applicant, Vic.Deverian, has filed Rezone Application No. R-03-59, Conditional Use Permit Application No. C-03-204 and Vesting Tentative Tract Map No. 5237/UGM for 80 acres of property located at the southeast corner of East Dakota and North Temperance Avenues. The rezone application is requesting a zone change from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area/Urban Growth Management) zone district. Conditional Use Permit REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 3 Application No. C-03-204 proposes to allow 214 lots of the proposed 391-lot single family residential subdivision to have reduced lot areas (less than 6,000 square feet) and reduced lot widths (less than 60 feet). Vesting Tentative Tract Map No.52.37/UGM is proposing to subdivide the subject property into 391 single family residential lots for a density.of 4.9 units per acre. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan.which updated the McLane Community Plan. The updated Community Plan designates the subject property for medium density residential.land use. The applicant wishes to pursue development of.the subject property with 391 single family homes. The requested R-1/EA/UGM zone district conforms to this medium density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix". Surrounding existing land uses are characterized by vacant, agriculture and rural residences to the north, south, west and east. There are two single family residential subdivisions which have been approved to the west and a mini-storage facility is proposed for land to the north. Access to the subject site will be from North Locan, East Shields and.East Dakota Avenues,which are major streets, with the exception of Dakota. Locan is classified as a collector, Shields is classified as an arterial and Dakota Avenue is a local street east of Temperance 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 Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Locan, North Temperance.and East Shields Avenues. 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 829 gallons per minute. The nearest presently available water service lines are located in East Shields Avenue at North Armstrong Avenue and in East Dakota Avenue at North Armstrong Avenue. 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. The Fresno Metropolitan Flood Control District(FMFCD)has indicated that this project can be accommodated by the district. The developer Wil be required to construct FMFCD "Master Plan facilities" as determined by the district. 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. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, which will be dedicated to the City of Fresno: The applicant also must dedicate a water supply and treatment site for installation of an above-ground water storage and treatment facility that will be installed and/or constructed by the City. 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 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 4 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. While the proposed project may presently be accommodated by the Fowler Avenue Trunk Sewer, previous public facility and environmental analyses have projected that the Fowler Trunk Sewer does not have sufficient design capacity to accommodate the sewage flows that could be generated by full development of the McLane and Roosevelt Community Plan areas, including the Southeast Growth Area. To address this concern, the City of Fresno is.pursuing several options to increase sewage collection and treatment capacity for the eastern portion of the metropolitan area. The North Avenue Trunk Sewer has been constructed to serve the easterly and southerly areas and supplement the other trunk sewers' capacity to accommodate development of the east and southeast areas. The City of Fresno has negotiated a temporary exchange of sewer capacity with the City of Clovis for its Fowler trunk sewer capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity exchanged in the Fowler trunk sewer with capacity in future facilities to be determined. Necessary and appropriate fees to provide for the replacement of said Fowler trunk capacity..exchange have not yet been adopted by the City Council. Conditions of approval include the payment of an "interim surety fee for the future costs to provide replacement in the Fowler trunk sewer to Clovis based on the capacity used by this project. Once the fee has been adopted by the City Council, any fees paid in excess will be refunded to the developer. The.Public Utilities Department has determined that the estimated average daily sewage flow generated by this project is 134,895 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 main to serve this project.is located in East Shields and North.Fowler Avenues. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates East Shields Avenue as an arterial street requiring 110-foot right-of- way .width and designates North Locan Avenue as a collector street which requires a.94-foot right-of-way. Temperance Avenue is designated as an expressway street which requires a minimum of 124-foot right-of-way. The developer will be required to.dedicate and construct improvements for Temperance, Shields and Locan Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights to North Temperance, North Locan and East Dakota Avenues for all residential lots adjacent to these major and local street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5237/UGM Conditions of Approval dated March 17, 2004. As required by the mitigation measures established by the certification of MEIR No. 10130, a traffic assessment, dated November 5, 2003, was prepared by VRPA Technologies, Inc., 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 390 single family residential dwelling units (the tract proposes 391 units but the study used 390) can be expected to generate an average of approximately 3,732 vehicle trips per day(VTD). Of these vehicle trips REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 5 it is projected that 293 will occur during the morning(7 to 9 a.m.)peak hour travel period and 395 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 180 Freeway and Fowler Avenue interchange during morning peak period (8 trips) and the evening peak period (11 trips)and the 180 Freeway and Temperance Avenue interchange during morning peak period (3 trips) and the evening peak period (3 Trips). The eastern extension of Freeway 180 from Chestnut Avenue to the expressway transition at Temperance Avenue is expected to occur as provided by the Measure C Transportation Sales Tax Expenditure Plan by the year 2006. This extension includes the Fowler Avenue interchange which is expected to be designed with adequate capacity to accommodate a twenty-year population and employment.g rowthperiod. The project traffic study further indicates that the majority of the peak hour vehicle trips are expected to utilize Temperance Avenue to the north and south of the project site, and Shields Avenue to the west. Because much of the immediately surrounding area(eastern most portion of the McLane Community Plan Area)is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report(No. 10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The.California Department of Transportation (Caltrans),:District 6, .Office of Intergovernmental Relations has asserted that new development within the McLane Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods (7:00 am to 9:00 am and.4:00 pm to.6:00.pm)which will impact the.State Route (SR) 180 interchange at Fowler Avenue.and the State Route (SR) 168 interchange at.Ashlan Avenue. Caltrans estimates that a development of this size could generate approximately 391 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. 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 a REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 6 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. Historical Resource The proposed tract lies within the boundaries of the former Eggers Colony. George H. Eggers was one of the San Francisco.businessmen of German ancestry(often dubbed the"German Syndicate".)who purchased 80,OOO.acres in this area from the federal government in 1860. In 1872 The Syndicate sold a portion of this acreage to the Central Pacific Railroad for the new town of Fresno. The Eggers Colony was established east of Fresno by 1891, on the 640 acres.of Section,23,.within Township 13 South. The Kings River and Fresno Canal ran through the Colony and ditches presumably were.constructed to deliver water.to the 19 plus acre parcels. There is an existing single family residence located at 3183 North Locan Avenue, on the.eastern boundary of the proposed subdivision. The brick portion of the home appears to be the Colony pumphouse. A three-story wood frame tankhouse was later added and is now engaged to the brick building. The building was apparently converted to a residence c1922 at which time a Craftsman style porch was appended to the facade. A 1979 addition to the north end of the building is compatible with the earlier construction. The.Historic Preservation Commission met'on February 23, 2004 and reviewed the.structure. The Historic Preservation Project Manager prepared a report for the Commission which included forms.for the State of California Department of. Parks and Recreation: The Commission took action to find the structure to be a significant historical resource and determined it to potentially be.eligible for nomination to the local historic register. However,.the structure is not currently being nominated to this list although the property owner or Commission may pursue that action in the future. Conditional Use Permit Application No. C-03-204 The applicant has filed Conditional Use Permit Application No. C-03-204 to allow for reduced lot area (less than 6,000 square feet) and reduced lot widths (less than 60 feet) for a portion of the proposed subdivision. This request is being supported because the proposal meets the requirements of a non-clustered planned ' REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 7 development. All reduced size lots area minimum of 4,200 square feet in area and are at least 100 feet deep. The applicant has submitted floor plans and elevations for all models which would be built in the subdivision and they all meet minimum setback requirements of the R-1 zone district. Streets and Access Points s This subdivision is proposed to have two access points to East Dakota Avenue and two access points to North Locan Avenue. The Public Works Department, Transportation Planning Section has reviewed the rezone and tentative tract map applications. They have also required that the proposed subdivision construct an access point to the property to the south which would allow traffic to access East Shields Avenue. They have also reviewed the traffic assessment,dated November 5,2003,prepared by TPG Consulting. 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 Temperance, Locan and Shields Avenues to their ultimate planned width. Landscaping/Walls Given that the proposed subdivision abuts a planned arterial (Locan) and a planned expressway(Temperance), the developer will be required to install 10-26 feet of landscaping along North Temperance and North Locan Avenues. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback which,will mitigate the-adverse effect of noise generated by vehicles traveling on the adjacent major streets,.as recommended by the acoustical analysis prepared. by. Brown-Buntin and Associates, dated October 16, 2003: Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. Conditional Use Permit.Application No. C-03-204 was filed to allow reduced size lots for a.portion of the subdivision. The proposed reduced size lots meet the minimum size requirements(4,200 square feet).for a planned development. In addition, the reduced size-lots will.also have reduced width (minimum.,width of 42.feet); however,the depth will meet the requirements (1.00 feet) of.the R-1 zone district. The subdivision map, based. on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map,together with its design and improvements, is found to be consistent with the General Plan. and any applicable specific plan (Finding No. 1 below). State.law further provides that the proposed subdivision map be denied.if anyone 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). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use-Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 8 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 McLane Community Plan designates the site for Medium Density Residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets,the density-and zoning ordinance criteria for development in this plan designation. 2. This site'is physically suitable for the proposed type and density of development, because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and.improvements are not likely to.ca use serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with. City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because Conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map., subject.to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made: Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A- 2 of the Fresno Municipal Code (FMC) can be made. 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, Firdmg a " The subject site is approximately 80 acres in size and has an adequate amount of space, if developed in accordance with the project's site plan, to meet all applicable requirements of the `. Code and as established in the Special Permit Conditions of Approval dated March 10, 2004, including yards, spaces, walls and fences, parking, landscaping and other required features a'?� i" .k�';a"a:.• „�' �+k.,.m.. d" .� :w,�"�a�'�a'-._R`-�,�`1�h..:.�.�". x. �xv'�.,s....s ".��,� �.r'�' �`s". ,�, a.�a�-�.- .,.a::.� ., ».,,....Ls�:%'a ati.. ,,.-,z..:,.-'"5 REPORT TO THE PLANNING COMMISSION Rezone Application.No. R-03-59 Conditional Use Permit Application No.-C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 9 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, �rd�ng b` Staff from the Transportation Planning section of•the Public Works Department has estimated that ' the proposed development will generate approximately 3,732 daily vehicle trips which can be K accommodated by the adjacent streets once constructed. The proposed project will construct the required improvements necessary for the traffic generated by the protect 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 12-306-N-30 of this Code. F�ndmg cn,, The staff oft he Planning and Development Department has determined that the proposed use will R , not be detrimental to the public welfare or be injurious to property or improvements in the area in a which the property is located if developed in accordance with the various conditions/requirements established through the rezone, conditional use permit and tentative tract map application review �.,i .process.. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5237/UGM dated December 16, 2003, and the Conditions of Approval for T-5237/UGM dated March 17, 2004. 2. Development shall take place in accordance with the Special Permit Conditions of Approval for Conditional Use Perm it.Application No.. C-03-204 dated March 10, 2004, and Exhibits A, B-1, B-2,C-1, C-2,.0-3,.C-41 D-1, D-2, D-3, E-1, E=2, and E-3 dated December 16, 2003. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action of the proposed tentative.tract map and conditional use permit application, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. RECOMMEND.APPROVAL to the City.Council of a finding of .Mitigated Negative Declaration for Environmental Assessment No. R-03-59/C-03-204/T-5237 dated February 24, 2004. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-03-59 which proposes to rezone the project site from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management)zone district to the R-1/EA/UGM(Single Family Residential/ExpresswayArea/Urban Growth Management) zone district. 3. APPROVE Conditional Use Permit Application No.C-03-204 subject to compliance with the Special Permit Conditions of Approval dated March 10,.2004. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-03-59 Conditional Use Permit Application No. C-03-204 Vesting Tentative Tract Map No. 5237/UGM March 17, 2004 Page 10 4. APPROVE Vesting Tentative Tract Map No. 5237/UGM subject to compliance with the Conditions of Approval dated March 17, 2004. KAMaster Files-2003\'REZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\R-03-59-C-03-204-T-5237-RPC.4d Attachments:. Vicinity Map Vesting Tentative Tract Map No. 5237/UGM dated December 16, 2003 Conditional Use Permit Application No. C-03-204 Exhibit A, dated December 16, 2003 Conditions of Approval,for T-5237/UGM dated March 17,2004,including letters from Public Works Dept. (02/19/04), San Joaquin Valley Air Pollution Control District (12/30/03) and Parks Department (01/22/04) Conditions of Approval for Conditional Use Permit Application No.C-03-204,dated March 10,2004 Letter from Caltrans dated December 22, 2003 Environmental Assessment No. R-03-59/C-03-204/T-5237 (finding of a Mitigated Negative Declaration), issued on February 24, 2004 ■ �y r 57 C I 44 56 55 46 " E. DAKOTA AVE.! 47 48 Uj Uj Z LL Ia U LL O 51 so J I z. E. SHIELDS AVE. VICINITY 31LAP PLANNING & DEVELOPMENT CONDITIONAL USE PERMIT NO. C-03-204 N DEPARTMENT REZONE APPLICATION NO. R-03-059 ti; A.P.N.:_3.10._270-02,03,9$_____ .From R-A/UGM to R-1/EA/UGM W == r,=..-E VESTING TENTATIVE TRACT,MAP NO. 5237 'x! ZONE MAP:2157 South of Dakota, East of Temperance Aves. s BY/DATE: J.S. / 3-5-04 P NOT TO SCALE wA.-xsx lescl ne chu-xcx fescl 60-f-tf P ' Izlcz ra'axrnu 'anax IL lasz •I� ONS,�2I.� .�0 ��iL.�,L�TTIO -o lj saoulws aan/sasaxlala tun .NNd /909 'ON .LOYQ� _ M SNI '�NI2I��NI�N� a esu NYMAJQ Old 909 — �N JYN NOISIARWAS 9ALLV.LNH.L g a el•I•• - '.M � lip a I=sy wam,a z�2s a aa5eaN�siaa�1 8 y aee"a^ g � '. ceaa9cv5 ...d� ..I�A3 'll �mayp � M a r 1 4 •r, r �.a N , q Idl O 01 �keaa •_: `3 � -� � c 8_ ' t-' (y � x nA .or .s ll� N ■ N N b IL. a s• _ � I �, A L� Rr .rrr I �� ///��.�� . � • o.ro�� $aa mY^m�:ma it�A A�.N'a' kg 6y 1. ` 3bb•: � �� 13 ��h � �� ` f F.A n � �'� R ..i 'K\_.sv-IP $�iy . s6 7 y v - v �I N gc �� tl iia �� Q$R3 $ h p �w �• py � ''v i. ./� .:. .r. .r. -.s.r W �pp tl$ e 15-A o 9 k e 9 g K d I #m w N N a �a �e � $ 444 � 9 d � t � d 888 �� , � gq FFF n N•a �j I N N � N N N r t$�e �� d �F E�� [e� e a 8 $ vg e4 g E �� € �Fi i 5 �Q � g� Y ,oI M �'a " • . S ggG � 9 5 h A d t 6a wr d `_ 9ttttyaa g �� '� £�}p i�peggFl § h g e @&,FyE e 3 @a ee e g Y i�a mg mg m8 2$ a.. .at --� r� r F ,r. - - •w- ,p. .� -,» - �- _a r`� � .+ A: m•`' r` ry 7 ra � i .T A, r ".r v 'a .0 1 � o 'i a p I� w w �-• T $ v' I It I I I \N ar.a w a w .~V_8 + � ^, r �' • �N.Nr .t • � a v � C a_` .r� Y a ' �w I = i u .. r .w « < -. 0.._ a I� a _ Iwltl wr •� rrr y =m`m. r^.2`� A2 r�.31`.° Ata r".2_ � " f � !Q C..m 8 � � a � 11 $ �i $' �' ,;St % In •v �•=r'�I r Ir. n I.. Ir. I.. a ��"+. .. a N 4 � IY�� V I y� f \R rm• "-�-r 'w'`2 � $ .. t. ... .<. .t <. .. .t. _ . ..c I( S O:,r I N > �81 ° I w '•9 `.o"l,g zt ^ m S :d un 's Pm N" m- m' m� m- m n' m-m' P$ r N` o I r 1 Y .„ la q I. I / r 's 4w .. � -r« -r« .w•' F. a-au_Y F � � 8 � I _ •6 m 8 B � 8 8 B $ i „ I � � R ygAY» Ydw dW _ 'IT rQi r 8(IN Id y llt = Y wi l n •a $ tl I ^ $ m 8 N $a w P r- T. -�ar'R , � _ _ fi•i i L Ri It, $ L Llw _�' N. A Lwr-J a ••g I`#I�i g _�•R _ _ a m!; ma �_>; _ ..kma 3TLO -it oarx�ao w�niq-a axrxwl� i i e.cl•-xcx 11.1..e axa-sas iessi ..... ONS39 ,1 0 --ADD uace n'oxcxxa an%e a•xmra'x Ixax 2009 'ON rOV9 r 1 /sxaxxloxa va> .a w'� 6G 7 xl. QxL 'ON I ��NI2I�� o NV19JAJQ DIA 210,4 g a NY7d JUS df2D 2 a�I x E t z . Mjr 9 311N]'N 9, I.or ' W7A�'J>0FWy�N„�_A'" 1 P fl- ii�.lml � I iCa d"g 5 g ag8 5 x g a�"g s r P T w s - y .✓ ^' 1 Ti s'"u;° . �/•� r` �ug I� y RLLmJA ` , 2�t 4w V V _ a •rS..t . Ic'l f"•._r�.,i'�.�r..IF'_, I1'^,1� � r` tV IV . _ i e I • r. 'G'I ..o. .tlm/,JIm': {V.�� T'm_I• h^'IIN IIN I:�/ro��IN IIN li� TL_NJ� l �T I �.ssJ+J rJ?s.Isi.I LLJ L«G 9�.•.�, ml. Zt - ,I �s Nk Cy I dm ' _ b � 1 LO_JI INtIN11I V`IN - •,-m mJ MJitl A FLati4N .tea.,,m;. lDr sNu._J-k m: Kt a ;� �., e l s. Jv. ; t N •a ;x c D. _ i i• Lm. pp� A. Ro b m ,i I4G r mJ• rm.. 'T E'ol° 0. " m_ I66Q 1 oJ• IA JT L m' 3 • :I u .. L -.� �"�- l.W.rmi.._ R R -�- 3fINMY ANix3x0�CiWON « � e T(ft- i a•vlI�. e I . - a j a�a a,�a �alrm�^�I � �.�9;m�' �tLo '� � ' o L m ° eo m oxrit g eke � �g 1e CT a x�^ c Eo I g Le� dg x 1 ggg5 $ • gv ''ee a F1 c� '� � 0 5r 5 " e " 3 8 ��- d Al ea „�. _.. =WT-3 ,":ca mI - 6e = � p � � 1• --- 1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL March 17, 2004 VESTING TENTATIVE TRACT MAP NO. 5237/UGM Southeast corner of East Dakota and North Temperance,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 orwithin 90 days afterthe date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting. Tentative Tract Map No. 5237/UGM entitled "Exhibit A," dated December 16, 2003, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and.Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system,street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to:construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 2 March 17, 2004 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as.a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the.time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The.subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the.City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to.Subdivisions"; and City of Fresno Standard Specifications; 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction;street trees, street signs,water service, sewering,and inspections in accordance with the City of Fresno Master Fee Schedule(City Resolution Nos. 79-606 and No. 80-420)and any amendments, modifications,or additions thereto;and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements .in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map.by the.City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may .elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish access rights to North Temperance, North Locan and East Dakota Avenues from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 10. The cell tower structure/compound located on Lot 20, as shown in Exhibit "A", dated December 16, 2003, shall be relocated to an approved site. Conditional Use Permit No. C- 97-214, which approved the current location of the cell tower, will need to be amended to allow the relocation. 11. in accordance with Environmental Assessment No. R-03-59/C-03-204/T-5237 prepared for the proposed project, the single family residence located at 3183 North Locan Avenue is considered to be a historically significant structure and must be preserved in place or relocated to another acceptable location with an appropriate setting. LANDSCAPING AND WALLS 12. Provide a 26 foot landscaped easement along North Temperance Avenue. The easement will include a 12-foot wide pedestrian path with an expressway barrier fence. The location and width of the path may accommodated within the required landscape. easement CONDITIONS OF APPROVAL Vesting Tentative Tract No..5237/UGM Page 3 March 17, 2004 located between the expressway barrier fence and the required solid masonry wall along Temperance Avenue. 13. Provide a 15-foot landscaped easement (and irrigation system) along the side or rear property lines of lots which side-onto or back-onto North Locan Avenue. Provide a 10-foot landscaped easement(and irrigation system)along the side or rear property lines of all.lots which side-onto or back-onto East Dakota.Avenue (Fresno Municipal Code Section 12- 1011-f(3)). 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 landscape easements along North Temperance, North Locan and East Dakota Avenues may be the responsibility of the City's Community Facilities District No. 2. Contact the Public Works Department, Engineering Services Division staff for information regarding the City's District. 15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No.2, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgements from each purchaser of a lot within.the subdivision, attesting to the purchasers.understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 16. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2,, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review.two (2) weeks prior to final map .approval. Said documents.shall.be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and other.provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 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. 18. Construct a 6-foot high solid masonry wall along the rear onside property lines of all lots which back onto or side onto North Locan and East Dakota Avenues(solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code). Construct a 10-foot high solid masonry wall (or approved combination of solid wall and earth berm) along the rear property lines of lots which back onto North Temperance Avenue. The wall shall continue along the north boundary of the project site, along Lots 153 and 154 as shown in Exhibit "A"dated December 16,2003. These walls are required pursuant to the acoustical analysis prepared by Brown-Buntin Associates dated October 16,2003. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 4 March 17, 2.004 19. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the.land and shall acknowledge and agree that the subject property.is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm covenant shall be recorded prior to or concurrent with the recording of the final map of Tentative Tract No. 5237/UGM. BUILDING SETBACKS 20. Building setbacks shall be in accordance with the.R-1/UGM zone district,and the provisions of Fresno Municipal Code .Section 12-207.5-E-1-c and the ,provisions of the EA (Expressway Area Overlay District) standards as shown on Exhibit "A" of Tentative Tract No. 5237/UGM dated December 16, 2003 forthose lots abuting Temperance Avenue(Ref. Section 12-244.4-E of the Fresno Municipal Code). 21. Building setback lines shall be as shown on Exhibit "A" dated December 16, 2003. A 10- foot building setback is required on the easterly side of Key Lots 48, 95, 295, 350 and 357, on the westerly side of Key Lots 35, 290 and 332 and on the northerly side of Key Lot 95 to help minimize the impact to neighboring lots in accordance with Fresno Municipal Code Section 12-1011. INFORMATION 22. Vesting Tentative Tract Map No. 5237/UGM is subject.to Council approval .of related Rezone,Application No. R-03-59. Rezoning .of the site. shall become.effective for any portion of the tentative map of Vesting Tentative Tract No. 5237/UGM for which a final map is recorded. If multiple final maps are recorded, the requested rezoning will become effective only for each phase of the tentative map upon recording of each final map. 23. Conditional Use Permit Application No. C-03-204, filed to allow reduced lot area and reduced lot widths for a portion of the proposed tract.map, shall be approved prior to..final map approval. 24. Prior to the issuance of building permits for.the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 25. Contact the United.States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,"any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 27. The developer/owner shall obtain any and.all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 5 March 17, 2004 abandon ment/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. 28. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone. number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the .paleontologist determines the material to be significant, a recommendation.shall be made to the City as to any further site investigation or preservation measures. 29. Apportionment of Special Assessment: If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State.or local law, including a division into condominium interest as defined in Section .783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works., requesting apportionment of.the unpaid.portion of the assessment or payoff such assessment in.full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A ,request that the. Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s)by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of.the City and the Engineer of Work responsible for. determining the initial assessment in making the requested apportionment. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 6 March 17, 2004 30. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 31. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract.shall be subject to approval of the Solid Waste Manager. PARK SERVICE 32. The deveioperlowner shall comply with the requirements in the attached memorandum from the Parks.Division dated January:22, 2004, for Vesting Tentative.Tract No. 5237/UGM. Urban Growth Management Requirements 33. 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 34. Fire service-will be provided by City of Clovis Fire Station No. 33. Provide residential fire hydrants and fire flows per. Public Works Standards.with two sources.of water. 35. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Management Requirements 36. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 37. 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. 38. 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. 39. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno.Standard Specifications (2002 Edition). CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 7 March 17, 2004 40. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 41. . The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and.design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of.standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 42. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 43. 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. 44. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. 45. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Frontage Improvement Requirements: Major Streets: North Temperance Avenue: Expressway, 4-lane (106') 46. If not existing,dedicate 76'of right of way from section line for public street purposes,within the limits of this development to meet the City. of Fresno Official Plan Line. No. 44 requirements. 47. Construct concrete curb, gutter and.6' sidewalk to Public Works Standard P-5. 48. Install a 4' high expressway barrier fence per Public Works Standards P-74 and P-75. 49. Construct twenty (20) feet of permanent paving within the limits of this development. Transition, as necessary, north and south of this tract, based on a 55 mph design speed. 50. Construct an.underground street lighting system to Public Works Standard E-1, within the limits of this.development. Spacing and design shall conform to.Public Works Standard E- 10 for expressway streets. 51. Relinquish direct vehicular access rights to North Temperance Avenue from all lots within this development. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 8 March 17, 2004 North Locan Avenue: Collector, 4-lane (94') 52. Dedicate 47'of property from section line for public street purposes, within the limits of this development to meet the current City of Fresno Collector Standards. Reference Public Works Standard P-69. 53. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 54. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this development. Reference Public Works Standard P-50. 55. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 56. Relinquish direct vehicular access rights to North Locan Avenue from all lots within this development. Local Streets: East Dakota Avenue: Local (60'-68') 57. Dedicate 68'of property for public street purposes,within the limits of this development per Exhibit"A", dated December 16, 2003 and.the.attached.Exhibit"B". 58. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to an 8-foot monolithic pattern..Reference Exhibits"A"and"B". 59. Construct permanent paving up to the center line, within the limits of this development. Reference Public Works Standard P-50. 60. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this development. Spacing and design shall conform to Public Works Standard E-9 for local streets. 61. Relinquish direct vehicular access rights to East Dakota Avenue from all lots within this development. 62. As a traffic mitigation measure due to health and safety reasons, construct a minimum of 18' of paving to accommodate westbound traffic on Dakota. See Subdivision Map Act Section 66424.6(a) (2) (A) and (B) Interior Streets: 63. Design and construct all curb,gutter,sidewalk(both sides),permanent paving,cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty-six (56) foot and sixty (60) foot streets. The sidewalk pattern shall be constructed to a 10-foot residential pattern. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 9 March 17, 2004 Specific Conditions Requirements: 64. This development is proposing 391 lots. This tract will generate 293 a.m. /395 p.m. peak hour trips, therefore, a Traffic Impact Study(TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study shall be prepared and submitted to Traffic Planning prior to a TIS "scope" meeting being set. In lieu of a Traffic Impact Study, the developer has the option of voluntarily paying an additional Intersection and Traffic Signal Mitigation Fee in accordance with the attached application. .Contact the Planning and Development Department for additional information on this option. 65. The intersection of Dakota and Carson shall be limited to right-in and left -out turns only. Complete Dakota Avenue improvements at this location. Reference Exhibit "B". 66. The first order of work shall include a minimum of two points of vehicular access for any phase of this development. (Access limited to one point at Temperance and Dakota and the second at.North Locan. 67. The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the City of Fresno. All piping shall be located outside of the proposed street right of way. Any piping.across city streets shall be rubber gasketed reinforced concrete pipe(RGRCP)constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for.review and approval. ...Relinquish direct vehicular access rights to: a. The east side of lots 10 and 150.. . b. The west side of lot 1 C. The north side of lot 270 d. The south side of lot 265 UGM Requirements: 68. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM Fees. North Temperance Avenue: Expressway 69. Dedicate and construct two (2) seventeen (17) foot center section travel lanes from East Dakota Avenue to East Shields Avenue. Details of said street shall be depicted on the approved tentative tract map. Reference Exhibit"B". 70. Construct an 8" raised concrete median island (22' wide) within the limits of ;this development. 71. Install a signal pole with a 150-watt safety light to Public Works Standards at the southeast corner of Temperance and Dakota. North Locan Avenue: Collector 72. Construct two (2)seventeen (17)foot center section travel lanes from the northerly limits of this development south to.Shields Avenue(+/- 1/8 mi.). Details of said street shall be depicted on the tentative tract map, prior to approval. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 10 March 17, 2004 East Shields Avenue: Arterial 73. Off-site: Construct two(2)seventeen(17)foot center section travel lanes with a 16'median island from Locan Avenue west to Fowler Avenue (+/- 1.5 miles). Construct 8" raised median noses at all major intersections. Mitigation:. 74. Construct a 50' minimum local street(full structural section)at approximately lots 223 and 224, south to East Shields Avenue. The connection to Shields Avenue shall be at the 1/4 mile point, The construction of this access point shall be completed prior to the construction of the 250th lot. 75. Additional UGM paving is required at all major intersections to provide for left turn lanes (approximately 6' on each side). SANITARY SEWER SERVICE The nearest existing sewer main is a 36-inch sewer main in North Fowler Avenue, approximately one mile to the west of the subject property. The following conditions are required to provide sanitary sewer service to the tract. 76. Construct a 24-inch and 18-inch public sewer main in East Shields Avenue from North Fowler Avenue east to North Temperance Avenue.. 77. Construct a 12-inch sewer main in East Shields Avenue from North Temperance Avenue east to North Locan Avenue. 78. Construct a 10-inch sewer main (including installation of house branches to adjacent developed parcels)in North Locan Avenue from East Shields Avenue north across the tract frontage. 79. Construct a 12-inch and a 10-inch sewer main in North Temperance Avenue from East Shields Avenue north to East Dakota Avenue. 80. Construct an 8-inch sewer main (including installation of house branches to adjacent developed parcels) in the East Dakota Avenue alignment from North Temperance Avenue east across the tract frontage. 81. Sanitary sewer main connections shall to be allowed to North Temperance Avenue through easements. 82. Sanitary sewer flow shall be directed to East Shields Avenue through a dedicated street alignment. 83. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 11 March 17, 2004 84. Separate sewer house branch shall be provided to each lot created within the subdivision. 85. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. 86. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. Urban.Growth Management Requirements 87. Sewer connection charges are due and shall be paid for the project. 88. The developer shall pay appropriate and reasonable costs as established hereinafter by City Council for Fowler trunk sewer capacity allocated to this project. The developer shall, for the interim period, pay a fee of$1,000 per living unit or living unit equivalent. Once the fee has been determined, the developer will receive a refund for any fees paid in excess of the adopted fee. Or, the proposed project shall not be permitted service to the existing Fowler trunk sewer and must, therefore, construct a separate sewer pipeline from the project to an approved discharge location with adequate reserve capacity as determined by the City. WATER SERVICE There is an existing 12-inch water main located in East Dakota Avenue.at North Armstrong Avenue and a 16-inch water main in East.Shields Avenue at North Armstrong Avenue to serve the proposed tract. The following conditions are required to provide water service to the tract. Water mains shall be installed before street improvements and paving. 89. Construct a 16-inch transmission.grid water main(including installation of Cityfire hydrants) in East Dakota Avenue from. North.Armstrong east to North Temperance Avenue. 90. Construct a 16-inch transmission grid water main(including installation of City fire hydrants) in the East Dakota Avenue alignment from North Temperance Avenue along the tract frontage. 91. Construct a 16-inch transmission.grid water main(including installation of City fire hydrants) in North Temperance Avenue from East Dakota Avenue south to East Shields Avenue. . 92. Construct a 16-inch transmission grid water main(including installation of City fire hydrants) in East Shields Avenue from North Armstrong Avenue east to.North Locan Avenue. 93. Construct a 14-inch transmission grid water main(including installation of City fire hydrants) in North Locan Avenue from East Shields Avenue north across the tract frontage. 94. Water main connections shall not be allowed to North Temperance Avenue through easements: 95. Water mains (including installation of City fire,hydrants) shall be extended within the proposed tract to provide water service to each lot created. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 12 March 17, 2004 96. Separate water services with meter boxes shall be.provided to each lot created. 97. Construction of a water supply well at proposed Outlot A will not be acceptable. 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. 98. Water well construction shall include wellhead treatment facilities, if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fund for the area. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area,Fund 501s, in accordance with established UGM policies. 99. Dedicate a water supply and treatment site for installation of an above-ground water storage and treatment facility that will be installed and/or constructed by the City. The site shall be of size and at a location acceptable to the Water Systems Manager for such purposes. The cost of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area 501 s, in accordance with established UGM policies. 100. 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. 101. All public water facilities shall be.constructed in accordance with City of Fresno.standards, specifications, and policies. 102. - 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 103. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. Public Utilities Department,.Solid Waste Division • 104. The owners, lessees or other tenants of the residential dwellings must, on service days before 6:00 a.m., place their solid waste containers at the edge of the curb approximately four (4) feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste.Management Division Standards. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 13 March 17, 2004 105. There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste service day. This applies to any lot that is in whole or art of a cul-de-sac. Fresno Irrigation District 106. Fresno Irrigation District (FID) Gow No. 99 pipeline traverses the property in-an exclusive easement. FID requests that the easement be shown on the map and that FID be made a party to signing all plans which affect its easement and.canal/pipeline facility and also be made party to signing the final map. 107. The applicant is 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. 108. The Fresno Irrigation District requests that the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 109. The pipeline for the canal is not allowed in the required 15 foot landscape easement along North Locan Avenue. The easement for the canal pipeline needs to be relocated to an acceptable location. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) , 110. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements)in accordance with the requirements of State Law as related to vesting tentative tract maps. 111. 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 112. The developer will be responsible for.the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish.to the City Public Works Department, Engineering Division/Real Estate Section, an CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 14 March 17,.2004 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 113. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 114. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision oranyamendments 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.. 115. Anytemporary ponding basins constructed orenlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7) days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior,to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN.VALLEY AIR POLLUTION CONTROL DISTRICT 116. The developer/owner shall comply with.the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated December 30, 2003, for Vesting Tentative Map No. 5237/UGM. DEVELOPMENT FEES AND CHARGES 117. 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 CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 15 March 17, 2004 FRESNO .METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of March 1, 2003 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. ft. (to 100' depth) 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 m. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. Service Connection Charge Fee based on service(ss 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 v. Northeast Fresno Policing Area n/a CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5237/UGM Page 16 March 17, 2004 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $800/gross acre Service Area: Undesignated x. UGM Park Fee $1650/gross acre Service Area: 2 y. Major Street Charge $2180/adj. acre Service Area: D-1/E-2 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 KAMaster.Files-2003\'.REZONE\R-03-059-C-03-204-T-5237-Deverian-SAC\T-5237-COA.wpd ' Fresno OftulcaCfiv City of 2000 City Hall 559-621-8800 Public Works Department 2600 Fresno Street, Rm 4064 Jon R.Ruiz, Director Fresno,CA.93721-3623 www.fresno.gov February 19, 2004 TO: Shelby Chamberlain, Planner II Planning and Development Department, Planning Division 22, THROUGH: Jose Luis Benavides, P.E.; Interim Transportation Manager�l,✓3k Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5237, Public Works Conditions of Approval The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5237, which was submitted by Vic Deverian. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Frontage Improvement Requirements: 'Major Streets: North Temperance Avenue: Expressway. 4-lane (106') 1. If not existing, dedicate 76' of right of way from section line for public street purposes, within the limits of this development to meet the City of Fresno Official Plan Line No. 44 requirements. 2. .Construct concrete curb, gutter and 6' sidewalk to Public Works Standard P-5. 3. Install a 4' high expressway barrier fence per Public Works Standards P-74 and P-75. 4. Construct twenty (20) feet of permanent paving within the limits of this development. Transition, as necessary, north and south of this tract, based on a 55 mph design speed. 5. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-10 for Expressway Streets. 2/19/2004 - 1 C:\Louise\SU6DIVISI0N\T-5237 R Dakota Temperance Locan.doc 6. Relinquish direct vehicular access rights to North Temperance Avenue from all lots within this development. North Locan Avenue: Collector, 4-lane (94') 1. Dedicate 47' of property from section line for public street purposes, within the limits of this development to meet the current City of Fresno Collector Standards. Reference Public Works Standard P-69. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard-P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this development. Reference Public Works Standard P-50. 4. Construct an underground street--lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to North Locan Avenue from all lots within this development. Local Streets: East Dakota Avenue: Local (60'-68') 1. Dedicate 68' of property for public street purposes, within the limits of this development per the attached Exhibits "A" and "B". 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to an 8-foot monolithic pattern. Reference Exhibits "A" and "B". 3. Construct permanent paving up to the center line, within the limits of this development. Reference Public Works Standard P-50. 4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this development. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 5. Relinquish direct vehicular access rights to East Dakota_Avenue from all lots within this development. 6. As a Traffic mitigation measure due to health and safety reasons, construct a minimum of 18' of paving to accommodate west-bound traffic on Dakota. See Subdivision Map Act Section 66424.6(a) (2) (A) and (B) Interior Streets: Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty-six (56) foot and sixty (60) foot streets. The sidewalk pattern shall be constructed to a 10-foot residential pattern. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Conditions Requirements: 1. This development is proposing 391 lots. This tract will generate 293 a.m. / 395 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip 2/19/2004 - 2 - CALouise\SUBDIVISION\T-5237 R Dakota Temperance Locan.doc trace study shall be prepared and submitted to Traffic Planning prior to a TIS "scope" meeting being set. In lieu of a Traffic Impact Study the developer has the option of voluntarily paying an additional Intersection and Traffic Signal Mitigation Fee in accordance with the attached application. Contact the Planning and Development Department for additional information on this option. 2. The intersection of Dakota and Carson shall be limited to right-in and left-out turns only. Complete Dakota Avenue improvements at this location. Reference Exhibit "B". 3. The first order of work shall include a minimum of two points of vehicular access for any phase of this development. (Access limited to one point at Temperance and Dakota and the second at North Locan. 4. The developer shall enter into an agreement with the Fresno Irrigation-District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the City of Fresno. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. Relinquish direct vehicular access rights to a. The east side of lots 10 and 150 b. The west side of lot 1 c. The north side of lot 270 d. The south side of lot 265 UGM Requirements: This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM Fees. North Temperance Avenue: Expressway 1. Dedicate and construct two (2) seventeen (17) foot center section travel lanes from East Dakota Avenue to East Shields Avenue. Details of said street shall be depicted on the approved tentative tract map. Reference Exhibit "B". 2. Construct an 8" raised concrete median island (22' wide) within the limits of this development. 3. Install a signal pole with a 150-watt safety light to Public Works Standards at the southeast corner of Temperance and Dakota. North Locan Avenue: Collector 1. Construct two (2) seventeen (17) foot center section travel lanes from the northerly limits of this development south to Shields Avenue(+/- 1/8 mi.). Details of said street shall be depicted on the tentative tract map, prior to approval. East Shields Avenue: Arterial 1. Off-site: Construct two (2) seventeen (17) foot center section travel lanes with a 16' median from d Locan Avenue west to Fowler Avenue (+/- 1.5 miles). Construct 8" raided median noses at all major intersections. Details of said street shall be depicted on the tentative.tract map, prior to approval. 2/19/2004 - 3 - CALouise\SUBDIVISION\T-5237 R Dakota Temperance Locan.doc t Mitigation: 1. Construct a 50' minimum local street (full structural section) at approximately lots 223 and 224, south to East Shields Avenue. The connection to Shields Avehue.shall be at the '/ mile point. The construction of this access point shall be completed prior to the construction of the 250th lot. Details of said street shall be depicted on the tentative tract map, prior to approval. 2. Additional UGM paving is required at all major intersections to provide for left turn lanes (approximately 6' on each side). Attachments Exhibits A,B cc:Traffic Reading File 2/19/2004 - 4 - C:\Louise\SUBDIVISION\T-5237 R Dakota Temperance Locan.doc yg eo / LOCAL - �- STREET 30 to I u S I I 1 i 1 1 i "IN I�PM1 I 1 10 1e _ I 'e el 1 F� I I I I � 1 II 1 j II i I I I i j I 1 I . I I I 11e � I I ' 'y. I I 1 H I 11 �� Q I I 10 � 1e j SCALE ------� ------ N.T.S TEMPERANCE AVE EXHIBIT 1e B CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS / INFORMATION DATE: DECEMBER 16, 2003 COMMENTS DUE: JANUARY 15, 2004 TO: FROM: SHELBY CHAMBERLAIN, Planner II Development Department Metropolitan Flood Control District Planning Division Land Division and Project Evaluation Section (559) 621-8042 (559).488-1020 (fax) PROJECT DESCRIPTION: Tentative Tract No. 5237/UGM, Rezoning Application No. R-03-59 and Conditional Use Permit No. C-03-204, a 391-lot single-family residential planned development subdivision with 216 planned development lots and one outlot, rezoning from the R-A/UGM zone district to the R-1/UGM zone district. on 80 acres located on the southeast corner of North Temperance and East Dakota Avenues. Entitlement No.: C-03-204 (T-5237) APN: 310-270-03, 08, 18 Located at: Southeast Comer of Temperance &Dakota Zoned: R-A/UGM TO R-l/UGM (R-03-59) Please complete your review and comments related to on/or off-site property development and design standards; and/or, the planned operations of the proposed facility within 10 days and return a written response to our office no later than January 15, 2003. Please forward a copy of your response directly to Robert Lewis c/o: Planning and Development Department,Planning Division 2600 Fresno Street, Room 3043 Fresno, CA, 93721-3604. PLEASE NOTE: You may use the space below for brief informal comments you wish to convey to us; or more preferably, please provide separate memorandum in letter form for formal response comments.. Reviewed by: �►►` �'�U�,�, �,T _ M�L� Date: Z 3 d Attachments: El El El Applications Vicinity Map Site Plan Operational Statement gW Lave Ge.LoM�oC3a-�--e. +'1-�- pap&Se� �z.p� f File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS F PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager VIC A. DEVERIAN Planning & Development Department 1000 OAK GROVE AVE. C City of Fresno SAN MARION, CA 91108 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2003-204 PRELIMINARY FEE(S) (See below) DRAINAGE AREA it BV It DRAINAGE AREA it BV if $347,681.00 DATE Z-7-9-0t4 DRAINAGE AREA - - APN 310-270-08, 19 TOTAL FEE $347,681.00 ADDRESS N. OF SHIELDS,E. OF TEMPERANCE The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District o in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the.Drainage Fee Ordinance.prior to O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through February 29, 20 04 based on the site plan submitted to O the District on 12/17%03 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. O b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing MasterPlan drainage system facilities is credited against the drainage fee obligation. 2003-204 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT , NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) C permitting, to implement controls to reduce pollutants, prohibit.the discharge of waters other than Ma storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999,(modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit.fee to the State Water Resources Control Board (State Board), Z develop and implement a storm water pollution prevention plan, eliminate non-storm O water discharges, conduct routine site inspections, train employees in permit compliance, and complete an.annual certification of compliance. 1 ■ O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O April, 1997 (available at the District Office.) A State General Industrial Permit`is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing O activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non- storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2003.204 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPRO I ATE. 24" DAKOTA 24" AVE. i ALIGNMENT I I I I i I • I I I i I I I I I I I I I I I I I I I I I I I I I I I > Q I I I I I > I I Q CUP 2003-204 I I I J I 30" I ----------- ------------ ------------------------� i i f �' �Y------------------- NO UzZ I I Q I I I Q I IL O I W iJ I I fI cv N 36" 30 18" 24" I j w --- ------------------------ --------------------------4--- �' SHIELDS AVE. I� LEGEND 18" 24" MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLETS. MASTER PLAN PIPE SIZE (AS SHOWN IN PARENTHESES) ELIGIBLE FOR FEE CREDIT 0 FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE SCALE 1"=400' ------ INLET BOUNDARY CUP 2003-204 EXHIBIT NO. 1 DRAINAGE AREA: "BV" SHEET 1 OF 2 Ll FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Nerr 1-22.04 J:\ENGINEERING\AU70CAD\DWGS\OEXHIBIY\CITYCUP\2003-204.DWG Ra.f1707g4g4 r PP F s� •�� I([ 133HS 33S) 33Nb?�3dW31 0 ` s4 ua o a C\2 1-1 W CZd M U S V7 v C.U A ,I ZFA �I E-1 U O a Q �j a NI o R`�I tee! IONOdiSMV Z O mW = W z MI �' �i a o SII I a o E-1 IN W � N �I Ln O I � a � d O mgr m zrn QCO • U x O U N V l LO (n ti N W F—u> I o N Q LnC-� ■ � I J z s m z a �I w J �� j wE z m � mm 3 f0 W ~W 2 N `il Q W 3 I • JOS Ja N Q U O In 2 z )j a v 3 - C,m C:, [.7 m ■ I I w o 0 z x w J N -U CL =1 ~ N w Q W Q XOf W 0 H3-1.MOJ w ® z Z_ i IP f . OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building or permit recording of the final map. The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The District requests that the grading Engineer contact the District as early as possible to review the proposed site drainage for verification and acceptance of the drainage design prior to preparing a grading plan. The developer has requested the modified Drainage Area `BV" Storm Drainage Master Plan as shown on Exhibit No. 1 to accommodate an alternate design. The developer will be required to enter into an agreement with the District in accordance with the District's policy for "Modification of FMFCD Systems and Recovery of Costs". This agreement will require the deposit of funds necessary to cover expenses related to the analysis of the requested modification and any increased infrastructure costs associated therewith. CUP 2003-204 does not have permanent drainage service available. However,the construction of the Master Plan facilities in Shields Avenue downstream of CUP 2003-204,as shown on Exhibit No. 1,will provide permanent service. A portion of the downstream facilities is a requirement of Tract 5189. Since a portion of the Shields Avenue branch of the Master Plan facilities will be constructed with Tract 5189, the developer will be required to deposit with the District funds necessary for the enlargement of the pipelines in excess of Tract 5189's original construction requirements. Development No. CUP 2003-204 Page 1 of 2 engr\permit\exhibit2\city cup\2003\2003-2040m) e. OTHER REQUIREMENTS EXHIBIT NO. 2 The developer shall pay any additional costs to the planned drainage system resulting from modifying the Master Plan and directing CUP 2003-204 drainage to the Shields Avenue branch of the system. The developer will be responsible to pay for the net cost increase considering savings from any pipe sizes that decrease or pipe lengths that are eliminated by this revision to the Master Plan. The cost increase to the current Drainage Area "BV" plan is approximately $67,000. The developer shall enter into an agreement with the District and place funds on deposit in order to effect the alternate design. Should the increased cost to the developer of CUP 2003-204 exceed the net increased cost to the system, the developer must front-end this additional cost. The inlet boundaries, as shown on Exhibit No. 1, may be slightly realigned to accommodate the proposed development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment, and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. The proposed development is located in an area that has historically provided a passage for major storm flows from northeast of the proposed property to Shields and Temperance Avenues. The developer must maintained this major storm flow passage. A fifteen(15) foot wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. CUP 2003-204 Page.2 of 2 eng6permi6exhibiMcity cup\2003\2003-204(jm) City of ff �� PUBLIC UTILITIES DEPARTMENT Date: January 29, 2003 To: SHELBY CHAMBERLAIN, Planner H Planning and Development Department, Current Planning Through: JIM J. BIER, Chief Engineering Technic' Department of Public Utilities, Plannin d n meering From: GREG CONTRERAS, Senior Engineering Technician Department of Public Utilities, Planning and Engineerin $_ Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT 5237, REZONE 03-059, AND CONDITIONAL USE PERMIT C-03-204. General The subject site is located on the southeast corner of East Dakota Avenue and North Temperance Avenue. The subject tentative tract map proposes to create 391 single-family residential lots on 80 acres. Rezone 03-059 proposes to change the existing zoning from R-A/UGM to R-1/UGM. Sanitary sewer service The City of Fresno currently does not own capacity in the Fowler Avenue Trunk Sewer line north of Tulare Avenue; however, the City of Fresno has negotiated a temporary exchange and interim use of capacity owned by the City of Clovis in the Fowler Avenue Trunk Sewer. This exchange of capacity is conditioned upon Fresno replacing Clovis' capacity with capacity in future facilities agreeable to Clovis and at a cost yet to be determined. Whereas, the necessary and appropriate fees for future replacement of Clovis' Fowler Avenue Trunk Sewer capacity have not been established and adopted by the City Council; the Developer in-lieu of constructing separate sanitary sewer facilities that would otherwise be required of this project (to provide for collection and conveyance of sanitary sewage discharged from the project to an approved point of discharge to the Sewer System located south of Tulare Avenue) shall provide payment of an "Interim Fee Surety" in the amount of$1,000 per living unit or living unit equivalent for the impending fees. Said "Interim Fee Surety"may be deferred through a Fee Deferral Agreement to the issuance of a building permit. Following adoption of a fee established for replacement of Clovis' capacity in the Fowler Avenue Trunk Sewer by the City Council, "Interim Fee Sureties"provided by the Developer shall be applied to the established fee and any amounts in excess shall be refunded. Sanitary sewer service A 36-inch sewer main is located in North Fowler Avenue at East Shields Avenue to serve the project. The following conditions are required to provide sewer service to the project. Sewer mains shall be installed before street improvements and paving. 1. Construct a 24-inch and a 18-inch sewer main in East Shields Avenue from North Fowler Avenue east to North Temperance Avenue. 2. Construct a 12-inch sewer main in East Shields Avenue from North Temperance Avenue east to North Locan Avenue. 3. Construct a 10-inch sewer main(including installation of house branches to adjacent developed parcels) in North Locan Avenue from East Shields Avenue north across the parcel frontage. 4. Construct a 12-inch and a 10-inch sewer main in North Temperance Avenue from East Shields Avenue north to East Dakota Avenue. 5. Construct a 8-inch sewer main (including installation of house branches to adjacent developed parcels) in the East Dakota Avenue Alignment from North Temperance Avenue east across the parcel frontage. 6. Sanitary sewer main connections shall not be allowed to North Temperance Avenue through easements. 7. Sanitary"sewer flow shall be directed to East Shields Avenue through a dedicated street alignment. 8. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 9. Separate sewer house branches shall be.provided for each lot created. 10. Public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 11. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. Water service A 12-inch water main is located in East Dakota Avenue at North Armstrong Avenue and a 16-inch water main is located in East Shields Avenue at North Armstrong Avenue to serve the proposed project. The following conditions are required to provide water service to the project. Water mains shall be installed before street improvements and paving. 1 Construct a 16-inch transmission grid water main (including installation of City fire hydrants) in East Dakota Avenue from North Armstrong Avenue east to North Temperance Avenue. 2. Construct a 16-inch transmission grid water main (including installation of City fire hydrants) in the East Dakota Avenue Alignment from North Temperance Avenue east across the parcel frontage. 3. Construct a 16-inch water main(including installation of City fire hydrants) in North Temperance Avenue from East Dakota Avenue south to East Shields Avenue. 4. Construct a 16-inch transmission grid water main (including installation of City fire hydrants) in East Shields Avenue from North Armstrong Avenue east to North Locan Avenue. 41 r 5. Construct a 14-inch transmission grid water main(including installation of City fire hydrants) in North Locan Avenue from East Shields Avenue north across the parcel frontage. 6. Water main connections shall not be allowed to North Temperance Avenue through easements. 7. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 8. Separate water services with meter boxes shall be provided to each lot created. . 9. Construction of a water supply well at proposed Outlot A will not be acceptable. 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 total demand of 1,000_gallons per minute, sufficient to serve peak water demand for the project. Well sites shall be of a size and at a location acceptable to the Water Systems Manager. Construction of the well shall be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with established UGM policies. 10. Water well construction shall include wellhead treatment facilities,if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fund for the area. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501s, in accordance with established UGM policies. 11. Dedicate a water supply and treatment site for installation of an above ground water storage and treatment facility that will be installed and/or constructed by the City. The site shall be of size and at a location acceptable to the Water Systems Manager for such purposes. The cost of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area 5.0 Is, in accordance with established UGM policies. 12. 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. 13. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. Urban Growth Management 1. The proposed project site is located within the 1994 Bond Debt service area 501s. 2. The proposed project site is located within the Recharge Service Area 501s. 3. The proposed project site is located within the Wellhead Treatment Fund Service Area 501s. 4. The proposed project site is located within the Water Supply Well Service Area 501s. l r City of C"ICr+1►I17 FRESNO FIRE DEPARTMENT DATE: MEMORANDUM TO: FROM: AliLl� SENIOR FIRE PREVENTION INSPECTOR SUBJECT: V C— TRACT NO. 5-�73 MEETING OF (DATE): Fire Department Comments are as follows: �7 1 . This project is within 3 miles of Fire Station No. 33 U 2. This project is subject to UGM Fire service fees for Fire Station No. l� 3. Provide (fie ( esidential ) hydrants and fire flows per Public Works Standards with two sources of water. ot 4. Access is acceptable as shown. 5. Access is not acceptable:. f 1 6. This tract is in the Station 21 UGM Fee area and is required to be annexed .to the Community Facilities District No. 1 . 7 . Other: 94 t r 14"L�Y, 4"e,� f do -fie 6 � 2543I/78I I� CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS / INFORMATION DATE: DECEMBER 16, 2003 COMMENTS DUE: JANUARY 15, 2004 TO: FROM: SHELBY CHAMBERLAIN, Planner II Development Department Bryon Beagles/Mike Schmidt Planning Division FIRE PREVENTION. Land Division and Project Evaluation Section FRESNO FIRE DEPARTMENT (559) 621-8042 (559) 488-1020 (fax) PROJECT DESCRIPTION: Tentative Tract No. 5237/UGM, Rezoning Application No. R-03-59 and Conditional Use Permit No. C-03-204, a 391-lot single-family residential planned development subdivision with 216 planned development lots and one outlot, rezoning from the R-A/UGM zone district to the R-1/UGM zone district on 80 acres located on the southeast corner of North Temperance and East Dakota Avenues. Entitlement No.: C-03-204 (T-5237) APN: 310-270-03, 08, 18 Located at: Southeast Corner of Temperance & Dakota Zoned: R-A/UGM TO R-1/UGM (R-03-59) Please complete your review and comments related to on/or off-site property development and design standards; and/or, the planned operations of the proposed facility within 10 days and return a written response to our office no later than January 15, 2003. Please forward a copy of your response directly to Robert Lewis c/o: Planning and Development Department, Planning Division 2600 Fresno Street, Room 3043 Fresno, CA, 93721-3604. PLEASE NOTE: You may use the space below for brief informal comments you wish to convey to us; or more preferably, please provide separate memorandum in letter form for formal response comments. Reviewed by: Date: /� X0 -3 Attachments: El El El El Applications Vicinity Map Site Plan Operational Statement .J i OFF 5 OF II�'.�I��IC�ATI01�T��1I �TR�IC� t� PHONE(559)233-7161 �.�— -- FAX(559)233-8227 ,... _.ter ,.._. ... .:. 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water January 13, 2004 UCEIVED Ms. Shelby Chamberlain JAN 15 2004 City of Fresno DEVELOPMENT DEPARTMENT Planning &.Dev. Department — CITY OF FRESNO 2600 Fresno Street, Room 3043 Fresno, California 93721-3604 RE: Tentative Tract Map of Tract No. 5237/UGM Rezoning Application No. R-03-59-CUP No. C-03-204-FID7s Gow No. 99 Pipeline Dear Ms. Chamberlain, FID's comments and requests are as follows: 1. FID's FID's Gow No. 99 pipeline traverses the subject property in an exclusive easement recorded on December 14, 1976, as Document No. 111718, Official Records of Fresno County. 2. FID requests that its easement be shown on the map with proper recording information;and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 3. 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 4. FID requests the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 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 sadains[a fresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT Se ina Adams Engineering Assistant File:Agencies/City/TTM No. 5237/UGM-RA No.R-03-59-CUP No.C-03-204-FID's Gow No.99 Pipeline BOARD OF President JACOB ANDRESEN, Vice-President EDDIE NIEDERFRANK DIRECTORS JEFF NEELY,JEFF BOSWELL,RON DANGARAN,Ed.D. General Manager GARY SERRATO .ee.N.e s......+ .+e.Ne. .s.N.N.eN. s..eNs.es.N....seessesese.. so..s.Nee.eeee..N+.ss... e....eNe...o.eN.eee.e...eese LL I Hill ...................+.......... ............e......A.eeNeee. ....NO....N...............N ........... ..°......................N - ........ .....o....e ......... ..ees+esoss.e.e .N.s..Nss s....e.s.se.s.e.es.o.e.e. sssN.N..eN.e.e.esN.e.... �.. is �7 h 310-270-03 I a J 310-270-18 310-270-08 �:s..:�.�.�m:.=�:,-s_3.-.--z::--��.._z,�:-�,5-usy:.-__:.;..:.�:� :_..�:.;�.u...,..L�,:;,_t Y.�._s.:,�:.�,•,_:�,,��... ,...�_._�.zi,�,.. .,.._. ,.�_>.rte, 1 1777� 1 J ........ Cocq r!O ArcView Quick Map 391 0 391 782 Feet CITY OF FRESNO1:9375 � S/E DAKOTA AND TEMPERANCE Map printed 12/18/2003 N G:\Fidgis\2003\Construction\Default\front—counter.apr