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Home My WebLink AboutT-5248 - Conditions of Approval - 11/29/2005 -City or FINAL MAP CHECKLIST - REPORT TO THE CITY CI TRACT-. NO. 5248/uGM September 28, 2004 I PHASE 1 OF VESTING TENTATIVE TRACT NO. 5248 FROM: NICK P. YOVINO, Director DEPARTMENT DIRECT Planning and Development Department r CITY MANAGER BY: DARRELL UNRUH, Planning �Manager �� Planning Division SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-03-18, REZONE APPLICATION NO. R-03-79 AND RELATED MITIGATED NEGATIVE DECLARATION. FOR ENVIRONMENTAL ASSESSMENT NO. A-03-18/R-03-79/C-04-148/T-5248 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No. A-03- 18/R-03-79/C-04-148/T-5248 dated August 11, 2004. 2, APPROVE Plan Amendment Application No.A-03-18 to amend the 2025 Fresno General Plan and the Roosevelt Community Plan relating to 22 acres of property, located on the southwest corner of South Fowler and East Church Avenues, from the community commercial (12 acres), medium-high density residential (5 acres) and medium density residential (5 acres) planned land use designations to the medium density residential (17 acres)and medium-high density residential(5 acres) planned land use designations and deny the request to delete the equestrian portion of the multi-use trail along Jensen Avenue between South Fowler and South Clovis Avenues. 3. , APPROVE Rezone Application No. R-03-79 to rezone the subject property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for 117 acres and to the R-2/UGM (Low Density Multiple Family Residential/Urban.Growth Management) zone district for 19 acres. EXECUTIVE SUMMARY Plan Amendment Application No.A-03-18, Rezone Application No. R-03-79,Conditional Use Permit No.C-04- 148 and Vesting Tentative Tract Map.No.T-5248/UGM propose the development of approximately 136 acres. The site is generally bounded by East Church,, East Jensen, South Fowler and South Sunnyside Avenues. Plan Amendment Application No.A-03-18 requests to amend the 2025 Fresno General Planand the Roosevelt Community Plan pertaining to approximately 22 acres of the project site from the community commercial (12 acres), medium-high density residential(5 acres),and medium density residential(5 acres)planned land use designations to the medium density residential(17 acres)and medium-high density residential (5 acres)land use designations.,,The plan amendment application also proposes to delete the equestrian portion of the multi- use trail along East Jensen Avenue, between.South Fowler and South Clovis_Avenues. Rezone Application No. R-03-79, requests torezone the subject.site from,the AE-5/UGM (Exc/usive.Five Acre Agricultural/Urban Growth.Management) zone district to the R-1/UGM (Single Family.Residential/Urban Growth Management) zone district for 117 acres and to the R-2/UGM (Low Density Multiple-Family Residential/Urban Growth Management)zone district for 19 acres, Vesting Tentative Tract Map No.T75248/UGM requests to subdivide the westerly 117-acre portion of the site into a 424-lot single family residential subdivision with 1 remainder parcel and 2 outlots.. .Conditional Use.Permit .Application No. C-04-148 requests authorization for the - subdivision to have reduced front-yard setbacks to allow,for "swing garages" which may also be used for habitable space.. On September 16, 2004, the Fresno City Planning Commission recommended the approval of the proposed plan amendment and rezone applications and approved the vesting tentative tract map and conditional use REPORT-TO THE CITY COUNCIL Plan Amendment Application No. A-03;18 Rezone Application No. R-03-79 September 28, 2004 Page'2 - permit applications subject to conditions. No appeals were received pertaining to the approval of the tentative tract map and conditional use permit, therefore, the Planning Commission's action is',finaL Approval of Rezone Application No. R-03-79 will allow residential development of the property consistent with the planned use of the 2025 Fresno General Plan and Roosevelt Community Plan as modified by proposed Plan Amendment Application No. A-03-18. PROJECT INFORMATION PROJECT A 424-lot single family residential subdivision,on the westerly 117 acres of the project site is proposed to be developed at an overall density of 3.6 dwelling units per acre. The northeasterly 19 acres of the project site are being planned and zoned for a future multiple family residential development. APPLICANT Sunnyside Partners (Engineer, Gary Giannetta) LOCATION Southeast corner of East Church and South Sunnyside Avenues (Council District 5, Councilmember Dages) SITE SIZE 136 acres LAND USE Existing - Vacant Proposed - Single and Multiple Family Residential ZONING Existing: AE-5/U.GM (Exclusive Five Acre Agriculture/Urban Growth. Management) Proposed: R-1/UGM (Single Family ResidentialWrban Growth Management) and R-2/UGM (Low. Density Multiple Family Residential/Urban Growth Management) PLAN DESIGNATION Proposed R-1/UGM and R4UGM zone districts and 424-lot single AND CONSISTENCY family residential subdivision are consistent with the proposed amendment to the 2025 Fresno General Plan and Roosevelt Community Plan to designate the site for Medium and Medium High Density 'Residential land uses. ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on August 11, 2004. F PLAN COMMITTEE The Roosevelt Citizens Advisory Committee recommended RECOMMENDATION approval of the proposed project at their June 28, 2004 meeting. STAFF RECOMMENDATION Approve Plan Amendment Application No. A j03-18 and Rezone Application No. R-03-79 and the related environmental findings as noted above ; PLANNING COMMISSION On September 15,' 2004, the Fresno City Planings Commission RECOMMENDATION voted 5 to 0 to recommend approval of the plan amendment and rezone applications and related environmental assessment. ;REP ORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79.' September 28, 2004 Page 3 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Medium Low Density R-11UGM Single Family Residential Single Family Residential/ Residential : Urban Growth Management (Soon to be under construction) South Light Industrial AE-20 Agriculture Twenty Acre Agriculture, Fresno County East Medium Density Residential AL-20 Rural Residential l Limited Twenty Acre Agriculture, Agriculture. Community Commercial Fresno County West Medium and Medium-Low R-1/UGM Single Family Density Residential Single Family Residential/ Residential Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No.A-03-18/R-03-79/C-04-1481T-5248 considered potential environmental.impacts associated with the subject.plan amendment, rezone, conditional use permit and vesting.tentative tract map request. The study indicates that a portion of the project(22 acres)would not conform to the planned land•use designation and land use policies of the 2025 Fresno General Plan although the majority of the site(114 acres)would. 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 August 11, 2004." This environmental.finding was properly noticed with no.comments filed within the 20-day review and comment period. BACKGROUND./.ANALYSIS.. The applicant, Granville Homes, has filed Plan Amendment Application No.A-03-18, Rezone Application No. R-03-79, Conditional Use Permit Application No. C-04-148 and Vesting Tentative Tract Map No. 5248/UGM for 136 acres of property located on the southeast comer of South Sunnyside and East Church Avenues. The applications will provide for the appropriate land use and zone districts for the following future developments: a 424-lot single family:residential subdivision on 117 acres and a future multiple family residential project. A conditional use permit application forthe approximately 19=acre multiple family residential portion of the project has not yet been filed. On November 19,2002,the City Council,through Resolution No.2002-379,adopted the 2025 Fresno General Plan. Resolution No.2002-379 also updated the Roosevelt Community Plan. The Roosevelt Community Plan designates the subject property for medium (4.99-10.37 dwelling units per acre) and medium high (10.38 18,15 dwelling .units, per acre) .density residential land.uses and community,commercial land uses. The applicant wishes to pursue development of the subject.property,with a.single family residential subdivision. The area proposed for medium high density residential land uses.and related R-2/UGM zoning is not proposed for development at this time. The requested R-1/UGM and R-2/UGM zone districts are considered consistent. REPORT TO THE CITYC UN1 0 � L Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 - September 28; 2004 Page 4 with the proposedresidential planned uses. The proposed development !of VestingTentative Tract Map No. 1-5248/UGM, for a 117-acre portion of the site, with an average"density',of 3.6 dwelling units per acre demonstrates that the project site will be developed within the overall range of dwelling units anticipated by the 2025 Fresno General Plan and Roosevelt Community Plan as provided)by Fresno Municipal Code Section 12-403-B-2. Surrounding land uses are characterized by vacant, agriculture and urban-type and rural-type residences to the north, south, west and east. Access to the subject site will be from South Sunnyside, South Fowler and East Church Avenues, which are all major(arterial and collector)streets.,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 and project specific 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 South Sunnyside, South Fowler and East Church Avenues. Committee Recommendation I The Roosevelt Citizens Advisory Committee reviewed Plan Amendment Application No. A-03-18, Rezone Application No. R-03-79, Vesting Tentative Tract Map No. T-5248/UGM and Conditional Use Permit Application No. C-04.148 at its-meeting on June 28, 2004; the committee voted unanimously to support the applications. Fresno.City Planning Commission On September 15, 2004,the Fresno City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of staff's recommendation regarding the plan amendment application to approve the requested change.in land use but to deny the request to delete the equestrian portion of the trail between South Fowler and South. Clovis Avenues. Although the commission took aciion "to deny the portion of the plan amendment relating to the trail, they did-support the applicant's request and directed staff to look into deleting the equestrian portion of the trail along the entire length of Jensen Avenue. However, the commission did not feel that deleting a small portion; between Fowler and Clovis Avenues was appropriate at this time. The Planning Commfssion also unanimously recommended approval of the rezone application and approved the vesting tentative tract map and conditional use permit applications. No appeal has been received regarding the tract map or conditional use permit;therefore, the action bythe Commission regarding the tentative.tract map and conditional use permit application is final. Land Use Plans and Policies The plan amendment application proposes to amend the 2025 Fresno General Planl and the Roosevelt PP Community Plan pertaining to approximately 22 acres of the project site from the community commercial (12 acres), medium-high density residential(5 acres), and medium density residential(5 acres), planned land use designations to the medium density residential(17 acres), and medium-high density residential (5 acres) land use designations. The plan amendment application also proposes to delete the equestrian porjtion of the multi- use trail along East Jensen Avenue, between South Fowler and South Clovis Avenues which staff does not support. The plan amendment application results in the ultimate rearrangement of the existing medium high density residential uses; the total amount of acreage will remain the same.. The Roosevelt Community Plan had originally envisioned the existing approximately 35-acre community commercial site'to be a combination of office and commercial uses. Staff supports the reduction of the amount of community commercial uses at this site as the 2025 Fresno General Plan has redirected that type.of use to the Fancher Creek project area at East Kings Canyon Road and South Fowler Avenue. 'The remaining community commercial area, approximately 18 acres, is sufficient to meet the needs of the surrounding area. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A=03-18 Rezone Application.No. R-03-79 Septem.ber.28, 2004. Page 5 Water Resources and Public Water Supply The Water Division of the Public Utilities Department has 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 nearest presently available waterservice lines are located in Jensen,Church and Sunnyside'Avenues. 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. The Fresno Metropolitan Flood Control District(FMFCD)has indicated that this project can be accommodated by the district. The developer will.bIe required to construct FMFCD"Master Plan facilities" as determined by the district. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and, employment growth up to a projected population holding capacity of 590,000 people. These improvements.have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day(MGD)which is sufficient to accommodate continued planned urban development including the proposed project. r. The Public Utilities Department:has determined that adequate sanitary sewer•service is available to serve the project,subject to the mitigation measures imposed with the environmental assessment. The nearest public sanitary sewer: mains to. serve this project are located.in South Sunnyside, South Fowler and. East Church Avenues. Circulation Element.Plan Policies and.Major Street.System Traffic Capacity. The 2025 Fresno General Plan designate.sSou th Sunnyside and East Church Avenues as collector'streets, which typically require 94400t right-of-way width,and designates East Jensen Avenue as an expresswaywhich 'typically has six travel lanes and very limited access_The developer will be required to dedicate and construct improvements for Church, Sunnyside and Jensen 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 South Sunnyside, East Church and East Jensen Avenues for all residential lots adjacent to the major street frontages: These street improvements are.outlined in more detail in the Vesting Tentative Tract Map N. 5248/UGM Conditions of Approval dated September 15, 2004.,., In accordance with the Master Environmental Impact Report(MSIR No. 10130) prepared for-the.adoption of the 2025 Fresno.General Plan, a traffic analysis was prepared for the.proposed project. The:study, was. prepared by TPG Consulting and was submitted in a report dated September 2004. The study analyzed 18 intersections in addition to street segments to determine the project's impacts on the existing:and future road network. The,proposed development of 424 single family residences on 117 acres of the project site and 19 acres of multiple family residential uses can be expected to generate an average of 6,101 vehicle trips per day (VTD). It is further projected that 473 of these trips will occur during the morning(7:00 to 9:00'a.m.),peak hour travel period and 617 will,occur during the evening (4:00 to 6:00 p.m.) period hour travel period. If the site were developed as it is currently planned, with 12 acres of neighborhood commercial uses (assuming 25% REPORT TO THE CITY COUNCIL Plan Amendment Appiic;ation No. A-03-18 ' ' Rezone Application No. R-03-79 September 28; 2004 Page 6 build-out or 130,680 square feet of building area) the total vehicle trips per day would'be 608. The total vehicle trips per day for the proposed residential units is 782. The proposed plan amendment will result in a 86% decrease in the amount of traffic projected to be generated by the portion of the project site affected by the proposedplan amendment. A substantial portion of the peak hour vehicle trips are expected to utilize Fowler Avenue and Sunnyside Avenue, to the north and south of the project site, and Jensen and Church Avenues to the west and east. Because some of the immediately surrounding 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, development of the project site will be .subject to the payment of all applicable development fees including updated, or new, urban growth management fees. The project is also subject to the payment of fees and/or construction of facilities in accordance with the traffic analysis prepared for the project by TPG Consulting. Streets and Access Points Vesting Tentative Tract Map No.T-5248/UGM proposes to have two access points to South S nnyside Avenue and one access point to East Church Avenue. The Public Works Department,Transportation 'Planning Section has reviewed the plan amendment, rezone. conditional use permit and tentative tract map applications. Public Works staff Has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Church, Sunnyside and Jensen Avenues 'Lo their ultimate planned width. The development will also be contributing.towards the ultimate construction of major street intersections that they will be impacting. Roosevelt Community Plan Area Open Space Requirement Roosevelt Community Plan Policy 1-17.3 requires that single family residential developments develop 5% of the total project area for open space use. The applicant, Sunnyside Partners LLC, has developed several other projects in the immediate area and have.entered into covenants with the City to build the entire open space obligation with one of their future projects. The requirement began with Vesting Tentative Tract Map No.. 4570/UGM and was then transferred to Vesting Tentative Tract Map No. 5228/UGM. The applicant now proposes to construct a 7.5 acre linear.park with Vesting Tentative Tract Map No. 5248/UGM which meets the requirements for all'three maps. Landscaping/Walls Given that the proposed subdivision.abuts planned expressway, arterial and collector streets, the developer will be required to install 20 feet of landscaping along East Jensen Avenue and 15 feet of landscaping along South Sunnyside and East Church 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 in accordance with the acoustical analysis prepared for the project by Brown-Buntin and Associates. 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-04-148 was filed to allow a 15-foot front yard setback for all 424 lots s, RC ?ORT TO THE CITY COUNCIL Plan Amendment Application No.A-03-18 Rezone Application No. R-03-79 September 28, 2004 Page 7 where homeowners choose a model with a side access garage which may also be constructed as a bonus. room. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the.2025 Fresno General Plan and Roosevelt Community Plan, complies with applicable zoning,subdivision,and UGM requirements. Therefore,staff recommends approval. caltrans The,California Department of Transportation'(Caltrans), District 6', Office of Intergovernmental Relations has stated that the proposed project will affect state highway facilities, particularly the Freeway 99/Jensen Avenue interchange, in letters dated January 30, 2004, August 11; 2004 and August 26, 2004. They have expressed concern for growth in Fresno,,because any growth increases the demand on the highway systems. 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 citystaff has not recommended that a: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 its 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. The city's conclusion has been based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise. estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee. Mitigation Act requirements:(California Government Code §§ 66000 et sequentes).applicable to the City of Fresno. In.the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and ,legally permissible method of,addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno.Metropolitan Flood Control Agency as a model.. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance.with constitutional and statutory requirements (Mitigation Fee Act-AB 1600) which apply to the City. of.Fresno. Should Caltrans. develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project.. It is also noted.that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on.State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the.direct. relationship :between the project and the potential impact).and the proportionality(fair share contribution towards mitigating the.impact) required by State_ law. The City of Fresno again transmitted a written explanation of the above concerns,.dated March 31,2003,to Caltrans District 6 Office of Transportation Planning which identified potential mechanisms to establish impact fees, such as a memorandum of understanding or joint powers agreement.:A previous letter from the Caltrans District 6 office has indicated. that the City of Fresno's request to be indemnified with respect to legal challenges protesting the:imposition of a state facility fee exaction could.notbe granted. Subsequent correspondence received from Caltrans staff has not clarified the District's position with respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that it is the sole responsibility of the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act (CEQA) process. REPORT TO THE CITY COUNCIL. Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 September 28, 200.4 j Page 8 Although Caltrans representatives have not endorsed a state transportation facilities impact agreement, a partnership in planning grant was obtained by the Council of Fresno County Governments til rough which the City of Fresno and Caltrans are participating, along with other local 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. CONCLUSION /.RECOMMENDATION 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 the Roosevelt 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. Upon consideration of this evaluation, it can be concluded that the proposed Plan Amendment Application No. A-03-18 and Rezone Application No. R-03-79 are appropriate for the project site and staff recommends approval. KAMaster Files-2003\—PLAN AMENDMENTS\A-03-18,R-03-79.C-04-148,T-5248-SAC\A-03-18-R-03-79-C-04-148-T-5248-RCC.wpd Attachments- Vicinity Map Vesting Tentative Tract Map No. 5248/UGM dated June 21, 2004 Letters from Caltrans dated January 30, 2004, August 11, 2004 and August 26, 2004 Environmental Assessment No. A-03-18/R-03-79/C-04-148/T-5248 (finding of a Mitigated Negative Declaration), issued on August 11, 2004 Planning Commission Resolution Nos. 12080, 12081, 12082, and 12083 City Council Resolution Ordinance Bill I • I I IV 019prl� MCI- Eli UMMENI RISEN }� �J l.d/l! •6:� �'' `7�+ � �"2 a°� tpa �x'i,F'ws'C.• �1dd1�8� (diL"2'� t :17th: •\xd/!STI 1+hx. } C 3 �,r 'F�#'id as's-6:. ' ' r.'iz `uW��c :.rON „111120 ,11 lime % Fra . 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Density Resid.to Medium Density Re id • • • VESTING TENTATIVE TRACT MAP • CONDITIONAL USE PERMIT NO.C-04-148 North of Jensen Ave.btwn Sunnyside and Fowler Aves. NOT • SCALE BYIDATE: 8-18-04 W P v co a a N z LO ao z a f-- 3nN3nN 6311A03 HinOS - - - - - - - - -- - - - -- ! - I t fII I I _ I I• I .I I I I I • .. it I I � I, a ! a a a ! a a � � a , ! ! I' 9 I ! i a ! G _ 5 e ! I) ? A ! ! R ! ! ! p ! ! j B 6 a ! a a a U p Ul 2 R t 8 x qINEE cr U i ;, i i ] \ �\ p x 9 a : a s to7- S ! p A A 7 f -e R R •_ 7 9 ! a ! 8 a p 9 0 3nN3AV 30SINNnS Hin05 ' o , n e a U i N 711522PWIEST NAN2 HQQ Z it rG A EW-y ARNO1 b SCMYAf RTMENT OF TRANSPORTATION OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 NONE (559)445-6666 . .AX (559)488-4088 Be energy of end M (559)488-4066 January 30,2004 2131-IGRICEQ.A. 6-FRE-180-64.4+/- A-03-.18 &R-03-79 LONESTA.R PROPERTY W. David Stiglich. City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear W. Stiglich: We have completed our review of the plan amendment and,rezone for the proposed singrle- family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and"the East Church AIignment. Caltrans has the following comments: It is estimated that this development could generate approximately 603 trips during peak PM travel times.. Some of these generated trips would impact the State Route (SR) 180 interchange at Fowler Avenue and the SR 99 interchange at Jensen Avenue. However, the project application contains insufficient information-to make a conclusive determination on the impacts of this project to the transportation/circulaton 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 Crude 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_ The segment of SR 180 between Clovis and Temperance Avenues is scheduled to begin construction in 2004. This project, in and of itself, will not have a significant impact on. this interchange. However,the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to. both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating these impacts. Due to land use changes approved by the City of Fresno for the area east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen will reach its capacity as traffic generated by approved development impacts this interchange. Caltrans projects that the signalized intersection at the northbound off-ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. "Caltrans Improver YnobiUty a=oss California" i i Mr. David Stiglich January 30, 2004 Page 2 - 1 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? The City should consider a transit alternative for this project. The projecti is f sufficient. size to support, transit, a.-Lid early planning could make such. an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FA)Q staff for their review and comment. Please see Attachment Number 1 for oth6r recommended transportation alternatives. j We request that this letter be made part of the permanent-record for this project and that a copy of our letter be included in the staff reports for both. the City Council and the Planning Commission. This will provide the decision-making body and the general public With-a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans imerovas rnobdiry across California" Y Li'I ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit 'alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections., The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage, I Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go fitrther could use City of Fresno transit if the City planned for convenient connections. This may help to redtice the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System, 4. Providing for continuity of non-motorized,transportation. 5. Exploring the potential for employer-sponsored catpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a, covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6.- Exploring the potential. for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. `STArr OF 0ALMORNSA—BUSMSS TRAM RTAT ON AND HDtJM!.7Q AGITICY ARNOLD SC`HWg$7u�mrt ,ra r DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 0 FRESNO,CA 93778-2616 `�� 40NE (559)445-6666 V erl AX (559)488-4088 Be en*V efficient! 7-rY (559)43s-4066 AUG 12 2004 , Planning Division August 11,2004 Deveiopm9nt Daoa>imen; T. 2131`-IGR/CEQA 6,FRE-180-64.4+/- A-03-18,R-03-79,T-5248 & C-04148 Mr.David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street -. Fresno, CA 93721 Dear Mr. Stiglich: Caltrans notes that on August 11, 2004 the City published a "Notice of Environmental Finding" for the above-named project. Caltrans made comments on the plan amendment and rezone in a letter dated January 30, 2004 (copy enclosed). It is our understanding that this project is scheduled to go before the Planning- Commission lanningCommission on September 1,2004. Please ensure that our letter is included in the staff report. The published notice mentions a 'Vesting Tentative Tract Map and Conditional Use Permit. Caltrans was not provided with an opportunity to.review either the map or the use permit. We request.that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council"and the Planning Commission. This will provide the decision-malting body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff`report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C:Ms.Barbara Goodwin;Council of Fresno County Governments i "Caltrans Improves moblllry across Calfrarnia" . $TATE Or C_Af MORMA Btt.R NEc4 7RANSM TAT(413 ANpH2j,SM AGENCY A No[D SCF3WAR7ENErr� rrn ernnr DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.SOX 12616. . MESNO,CA 93778-2616 °HONE (559)445-6666 .SAX (559).488-4088 Flczyowporvcrr. TTY (SS9)488-4066 Bc�ugycieRt. August 26, 2004 AUG 2 6 7004 Planning Division; 2131-IGR%CEQA Qevelopment Qena�men1 6-FRE-180-64.4+/- �i Y or- �'"��i`i� A-03-18 &R-03779 LONESTAR PROPERTY TRIP.TRACE Mr.David Stiglich City of Fresno.Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr: Stiglich: We have completed our review of the trip trace for the proposed single-family residential and commercial development bounded by South Sunnyside, East Jensen, south Fowler and the East C} urch Alignment. Caltrans has the following comments: It is estimated that this development would likely generate approximately 1,500 trips during the peak evening travel times. It is further estimated that approximately 20% of these trips (300 trips) .would impact the State Route (SR) 99/Jensen Avenue interchange. When conducting the Traffic Impact Study (TIS) to assess the project-related impacts, please reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002. , Due to land use changes east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen Avenue will reach its capacity as development continues to impact this.interchange, Caltrans projects that the signalized intersection at the northbound off- ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. The Council of Fresno County Governments' interchange deficiency study should determine what improvements will be needed at this interchange. The segment of SR 180 between Clovis and Temperance Avenues-is scheduled to begin construction in 2004. This project, in and of itself, will not have a significant impact on this interchange. However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts to these resources were not addressed in the General "Caltrans improves moWlry across Ca[Varala" Mr. David Stiglich August 26, 2004 Page 2 Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative'for this project, The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this.project be routed to Fresno Area Express (F� staff for m their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent record for thisproject 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-malting body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled bearings for this item. If you have any.questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms, Barbara Goodwin, Council of Fresno County Governments "Caltrans Improves mobility across Cal forma" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ,ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of,air quality'and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: I. Park and ride facilities on site or within the proximity of this project Z. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park�and-ride facility or commercial area parking lot. and be . shuttled to various commercial/office.centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections_ This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12080 .The Fresno City Planning Commission at its regular meeting on September 15, 2004, adopted the following resolution relating to Plan Amendment Application No. A-03-18. WHEREAS, Plan Amendment Application No.A-03-18 has been filed with the City of Fresno by Sunnyside Partners to amend the 2025 Fresno General.Plan and the Roosevelt Community Plan relating to 22 acres of property located on'the southwest corner of South Fowler and East Church Avenues, from the community.commercial (12 acres), medium-high density residential (5 acres), and medium density residential (5 acres) planned land use designations. to the medium density residential (17 acres) and medium-high density residential (5 acres) planned.land use designations and to delete the equestrian portion of'the multi-use trail along Jensen Avenue between South Fowler and South Clovis Avenues; and, WHEREAS,the Roosevelt Community Plan Citizens Advisory Committee,on June 28,2004, reviewed and recommended approval of the.plan amendment application; and WHEREAS, on September 15, 2004 the Fresno City,Planning Commission conducted a public hearing to review the proposed plan 'amendment, received public testimony and considered the Planning and Development Department's report. recommending approval of the proposed plan amendment; and, WHEREAS,the Fresno City Planning Commission has reviewed the environmental assessment prepared for this plan amendment, Environmental Assessment No.A-03-18/R-03-79/C-04-148/T-5248,dated August 11, 2004 and is satisfied that the project conditions of development will adequately reduce or alleviate any potential adverse impacts either generated from the project, or impacting the project from an off-site source, and hereby,concurs with the issuance of a.mitigated negative declaration. NOW, THEREFORE, BE IT RESOLVED that the Fresno' City Planning Commission finds there is no substantial evidence in.the record that the proposed plan amendment may have a significant effect on the environment and hereby approves :the finding of a. mitigated negative declaration prepared for Environmental Assessment No. A-03-18/R-03779/C-04-148/T-5248. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council th'at�Plan Amendment Application No. A-03-18, in regards to the proposed planned land. use designations, be approved amending the 2025.Fresno General Plan and the Roosevelt Community Plan relating to 22 acres of property located on the southwest comer of South Fowler and East Church Avenues, from the community commercial (12 acres), medium-high density residential (5 acres), and medium density residential(5 acres) planned land use designations to the medium density residential(17 acres) and medium-high density residential (5 acres) planned land use designations, as shown on the attached Exhibit A. BE IT FURTHER RESOLVED that the Fresno City Planning Commission her ebyrecommends to the City Council that Plan Amendment Application No.A-03-18, in regards to the applicant's request to delete the equestrian portion of the trail along Jensen Avenue between South Fowler and South Clovis Avenues as shown in the 2025 Fresno.General Plan and the Roosevelt Community Plan, be denied. The Commission directs staff to analyze the potential for deleting the equestrian portion of the trail for the entire. length of Jensen Avenue. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Brown. VOTING: Ayes - DiBuduo,.Brown, Kissler, Vang, Brand Noes None Not Voting - None Absent - None i Planning Commission Resolution No. 12080 Plan Amendment Application No. A-03-18 Page 2 September 15, 2004 I DATED: September 15, 2004 NICK Ps OVINO, Secretary Fresno ity Planning Commission Resolution No. 12080 Plan Amendment Application Nol. A-03-18 Filed by Sunnyside Partners Action: Recommend Approval.as noted above K:1Master Files-20031—PLAN AMENDMENTSIA-03-18,R-03-79,C-04-148.T-5248-SAC1A-03-18-PC Reso 12080.wpd i I i I - I III I I �3 9v`+ f1! aE ' 8j{C I tsi "Y'7 ? 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WHEREAS, Rezone Application No. R-03-79 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM (Single Family Residential/Urban Growth Management) and R-2/ UGM (Low Density Multiple Family Residential/Urban Growth Management) zone districts EXISTING ZONING: AE-5/UGM(Exclusive Five Acre Agricultural/Urban Growth Management) zone district APPLICANT: Sunnyside Partners LOCATION: Southeast comer of East Church and South Sunnyside Avenues APN: 316-022.19 LEGAL DESCRIPTION: From AE-5/UGM.to R-1/UGM:. . :.The. Southeast Quarter of Section 16,-Township 14 .South. Range 21 .East, Mount Diablo.Base and Meridian. EXCEPTING THEREFROM the East 645 feet of the South 1,280 feet of said Southeast Quarter. ALSO EXCEPTING THEREFROM that portion thereof described as follows: BEGINNING. at the East Quarter corner of said Section 16; thence North 8904614"West;along the North line of said Southeast Quarter, a.distance of 628.05 feet; thence South 0013'46" West, a distance of 1,399.50 feet more or less to the intersection with the North line of the South 1,280 feet of said Southeast Quarter; thence South 89042'36" East, along said North line, a distance of 638.61 feet more or less to the intersection with the East line of said Southeast Quarter; thence North 0°12'10" West, along said East line, a distance.of 1,400.21 feet to the Point of Beginning. From AE-5/UGM to R-2/UGM: That portion:of the Southeast Quarter of Section 16, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the East Quarter corner*of said Section 16; thence North 89°46'14" West, along the`North line of said Southeast Quarter, a distance of 628.05 feet; thence South 0°13'46" West, a distance of 1,399.50 feet more.or less to the intersection with the North line of the South 1,280 feet of said Southeast Quarter; thence South 89042'36" East, along said North line, a distance of 638.61 feet more or less to the intersection with the East line of said Southeast Quarter; thence North 0012'10" West, along said East line, a distance of 1,400.21 feet to the Point of Beginning. Planning Commission Resolution No. 12081 j Rezone Application No. R-03-79 i Page 2 September 15, 2004 'll I WHEREAS, the above-named applicant is requesting a zoning change on the aboveproperty in order to allowfor a proposed single family.residential subdivision and.a future multiple family residential development; and, 4 WHEREAS, the Roosevelt Community Plan Citizens Advisory Committee, on June 28, 2004, reviewed and recommended approval of the,rezone application; and i WHEREAS, the Fresno City Planning Commission on September 15, 2004, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community.Plan and the 2025'Fresno General Plan; and, WHEREAS, during the September 15, 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 A!ppllcation No. R-03- 79 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated August 11, 2004; prepared for Environmental Assessment No. A-03-18/R-03-79/C-04,148/T-5248. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM and R-2/UGM zone districts be approved. The foregoing .Resolution. was adopted. by the Fresno City Planning .Commisslion upon a motion by Commissioner DiBuduo, seconded by Commissioner Brown. VOTING:. Ayes - DiBuduo, Brown, Kissler, Vang, Brand Noes None Not.Voting - None .Absent - None I DATED: September.15, 2004I K OVINO, Secretary Fresno ity Planning Commission) Resolu on No. 12081 Rezone Application No. R=03-79' Filed by Sunnyside Partners. Action: Recommend Approval ~i K;1Master Files•2001—PLAN AMEN DME NTSIA-03-18.R-03-79,C-04-148,T-5248-SAC1R-03-79-PC Reso 12081.wp& FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12082 The Fresno City Planning Commission at its regular meeting on September 15, 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. 5248/UGM was filed with the City. of. Fresno and proposes a:424-lot single family residential subdivision on 117 acres of land located on the east side of South Sunnyside Avenue, between East Church and East Jensen Avenues; and, WHEREAS, the Roosevelt Community Plan Citizens Advisory Committee, on June 28,2004, reviewed and recommended approval of the tentative tract map application; and WHEREAS, the Fresno City Planning Commission conducted a public hearing on September 15, 2004; 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 September 15,2004; 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. 5248/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on August.1 l,.2004, prepared for.Environmental Assessment No. A-03-18/R-03-79/C-04-148/T-5248. NOW, THEREFORE, BE IT RESOLVED. that the.Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5248/UGM-subject to Section 12-403-B of the Fresno Municipal . Code, is consistent with:the adopted 2025 Fresno General Plan and Roosevelt Community Plan,:.as .' amended by Plan.Amendment Application No. A-03-18, 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. 5248/UGM subject to the Planning and Development Department Conditions of Approval dated September 15, 2004 and subject to the following clarifications, modifications and additions..to Condition Nos. 10, 45, 65 and 69 of the Conditions of Approval pursuant to the Planning Commission action of September 15; 2004: 10. Per the Roosevelt Community Plan and the 2025 Fresno General Plan, a multi-use trail.is required on the. north side. of Jensen Avenue.. The trail,must be. of a. width satisfactory to accommodate pedestrians, bicyclists and equestrians. . The Planning ,Commission has recommended that an amendment to the 2025 Fresno General Plan-to remove the equestrian ..portion of the.multi-use trail along�Jensen Avenue be initiated. If the wed general plan is amended within two years of final map approval to delete the,equestrian portion of the trail, it shall be of a width.satisfactory to accommodate pedestrians and bicyclists. The plans for the trail must be.approved by the Planning and Development Department as well as the Public Works Department. 45. Dedicate 47-55' o property-€rom ;section fihe, for public street purposes within the limits of this subdivision to meet the current City of Fresno collector standards. Planning Commission Resolution No. 12082 Vesting Tentative Tract Map No. 5248/UGM Page 2 September 15, 2004 �I 65. Delete condition. 69. Booker and Kaviland: The proposed design of cross section C-C is not approved. hfedian islarl . There shall be 78 feet of right-of-way where there is a median island on a local street where there are lots fronting on such local street. The design shall include 58 feet of right-of-way from curb to curb with a 16 foot wide median islan,d. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Brown. t VOTING: Ayes - DiBuduo, Brown, Kissler, Vang, Brand Noes None Not Voting - None Absent None + DATED: September 15, 2004 NICK P. YOVIN Secretary Fresno City Plann ng Commission ' Resolution No. 12082 >. Vesting Tentative Tract Map No. 5248/UGM Filed by Sunnyside Partners Action: Approve with conditions as noted.above i KAMaster Files-20031—PLAN AMENDMENTS�A-03-18;R-03-79,C-04-148.T-5248-SAC1T-5248=PC Resa 12082.wpd `r . is t E .FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12083 The Fresno City Planning Commission at its regular meeting on September 15, 2004; adopted the following resolution relating to Conditional Use.Permit Application No. C-04-148. CONDITIONAL USE REQUESTED: Reduces the front yard setback for the 424-lots within the site of Vesting Tentative Tract Map No. 5248 from the required R-1 zone district standard minimum of 20-feet to 15- feet to accommodate a "swing garage" that will be oriented perpendicular to the main house. PROPERTY DESCRIPTION: Located on the east side of South Sunnyside Avenue between East Church and East Jensen Avenues. (Vesting Tentative Tract No. 5248) EXISTING/PROPOSED ZONING: AE-5/UGM, Exclusive Five Acre Agricultural/Urban Growth Management (Existing) and R-11UGM, Single Family Residential/Urban Growth Management(Proposed) WHEREAS,the Roosevelt Community Plan Citizens Advisory Committee,on June 28,2004, reviewed and recommended approval of the conditional use permit application, and WHEREAS, the Fresno City Planning Commission conducted a public hearing on September 15, 2004, to review the.proposed conditional use permit and considered the.staff report and invited testimony and reviewed the requested project in accordance.with'the policies of the Roosevelt.Community Plan and the 2025 Fresno General Plan;and, WHEREAS,the Fresno City Planning-Commission,asa.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, the Fresno City Planning Commission hereby finds,and determines that there is no substantial evidence in the.record to indicate that Conditional Use Permit Application No.C-04-148 will not have a significant effect on the environment as identified by the Mitigated Negative Declaration dated August 11,.2004, prepared for Environmental Assessment No.A-03-.18/R-03- 79/C-04-148/T-5248. BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-04-148 is approved, subject to the following conditions, incorporated in,said conditional use permit file and. subject.to the modified conditions as noted.in condition number l(a)'below: 1.. Exhibits)A-1,.A-2. A-3, A-4, A-5, and A-6-dated June.1.6, 2004 (a) it understood and agreed that the proposed "swing garage may be used as a habitable room for the proposed single family residence. 2. Development shall take place in accordance with the Conditions of Approval of T-5248/UGM dated September 8,2004 Planning Commission Resolution No. 12083 Conditional Use Permit Application No. C-04-148 Page 2 September 15, 2004 j 3. City Council approval of related Plan Amendment Application No. A-03'18 and Rezone Application No. R-03779 filed for this project. . The foregoing Resolution was adopted by the Fresno City Planning Commission! upon a motion by Commissioner DiBuduo, seconded by Commissioner Brown, VOTING_: Ayes - Di.Buduo, Brown, Kissler, Vang, Brand Noes - None Not Voting None Absent - None i DATED: September 15, 2004 NICK P. YOVINO, cretary Fresno City Plannin Commission Resolution No. 12083 Conditional Use Permit Application No. :C-04-148 Filed by Sunnyside Partners Action: Approve with conditions as notes above KAMaster Files-2003\—PLAN AMENDMENTS\A-03-18.R-03-79,C>04-148.T-5248-SAC\C-04-148-PC Reso 12083.wpd �....: I i i i; r i 1 1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE 2025 FRESNO GENERAL PLAN AND THE ROOSEVELT COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. A-03-18) WHEREAS, on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan which correspondingly updated the Roosevelt Community Plan and by Resolution No. 2002-378 certified Master Environmental Impact Report No. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; and, WHEREAS, Sunnyside Partners filed an application to amend the land use designations of the aforementioned plans, relating to 22 acres of property located on the southwest comer of South Fowler and East Church Avenues, from the community commercial(12 acres), medium-high density residential (5 acres) and medium density residential (5 acres) planned land use designations to the medium density residential (17 acres) and medium=high density residential (5 acres)planned land use designations and to delete the equestrian portion of the multi-use trail along Jensen Avenue between South Fowler and South Clovis Avenues; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing'of.a mitigated negative declaration; and, WHEREAS, on June 28, 2004,the Roosevelt Community Plan Advisory Committee recommended approval of the proposed plan amendment application; and, WHEREAS, on September 15, 2004,the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No. A-03-18 and associated mitigated negative declaration for Environmental Assessment No. A-03-18/R-03-79/C-04-148/T-5248; and, WHEREAS, the Planning Commission took-action, as evidenced in Planning Commission. Resolution No.' 12080, to recommend approval of the mitigated negative declaration for Environmental Assessment No.A-03-18/R-03-79/C-04-148/T-5248 dated August 11, 2004; and, WHEREAS, the Fresno City Planning Commission also took action, as evidenced in Planning Resolution No. Plan Amendment Application No. A-03-18 Page 2 September 28, 2004 Commission Resolution No. 12080, to recommend approval of Plan Amendment Application No. A- 03-18, which would amend the planned land use designations for the subject sites from'the community commercial, medium density residential and medium-high density residential planned land use designations to the medium and medium-high density residential planne;diland use designations and to deny the applicant's request to delete the equestrian portion of the multi-use trail along Jensen Avenue between South Fowler and South Clovis Avenues; and, WHEREAS, on September 28, 2004, the Fresno City Council held public hearing to consider Plan Amendment Application No. A-03-18 and received both oral testimony and written information presented at the hearing regarding Plan Amendment Application No. A-03-18. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresn6, baked upon the i testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Council finds that there is no substantial evidence in the record that Plan Amendment Application No. A-03-18 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated August 1111, 20b4. I 2. The Council finds the adoption of the proposed plan amendment as recommended by the Planning Commission is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A- 03-18 amending the 2025 Fresno General Plan and Roosevelt'Community Plan from i F the planned land use designations for the subject site from the community commercial, medium density residential and medium-high density residential planned land use designations to the medium and medium-high density residential planned Land use designations and denies the applicant's request to delete the equestrian portion of the multi-use trail along Jensen Avenue between South Fowler and South Clovis Avenues. f i CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on-the day of- 2004. AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH City Clerk By: APPROVED AS TO FORM HILDA CANTU MONTOY City Attorney By: Plan Amendment Application No. A-03-18 Deputy Filed by Sunnyside Partners APN No. 316-022-19 KAMaster Files-20031—PLAN AMENDMENTSIA-03-21,R-03-83,C-04-42,T-5247-SAC\A-03-21-CCResolution.wpd 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 County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED-BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. 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-03-79 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, on June 28, 2004, the Roosevelt Community Plan Advisory. Committee recommended approval of the R-1/UGM and R-2/UGM zone districts; 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 15th day of September, 2004, to consider Rezone Application No. R-03-79 and related Environmental Assessment No. A-03- 18/R-03-79/ C-04-148/T-5248, during which the Commission recommended to the Council of the City of Fresno approval of the related environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) and the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone districts; and, Ordinance Amending Official Zone Maps Rezone Application No. R-03-79 Page 2 September 28, 2004 WHEREAS, the Council of the City of Fresno, on the 28th day of September, 2004, received the recommendation of the Planning Commission and concurs therewith, 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 adoptions of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. A-03-1.8/R-03-79/C-04-148/T-5248, dated August 11', 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/UGM zone district and the !R-2/UGM zone ! . district are consistent with the medium and medium high density residential punned land'use designations of the 2025 Fresno General Plan and Roosevelt 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 AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management) and R-2/U6M, (Low Density Multiple Family Residential/Urban Growth Management) zone districts: From AE-5/UGM to R-1/UGM: The Southeast Quarter of Section 16, Township 14 South Range'21 East, , Mount Diablo Base and Meridian. EXCEPTING THEREFROM the East 645 feet of the South 1,280:feet of said Southeast Quarter. i L i1 OFdinance Amending Official Zone Map Rezone Application No. R-03-79 Page 3 September 28, 2004 ALSO EXCEPTING THEREFROM that portion thereof described as follows: BEGINNING at the East Quarter corner of said Section 16; thence North 89046'14" West, along the North line of said Southeast Quarter, a distance of 628.05 feet; thence South 0013'46" West, a distance of 1,399.50 feet more or less to the intersection with the North line of the South 1,280 feet of said Southeast Quarter; thence South 89042'36" East, along said North line, a distance of 638.61 feet more or less to the intersection with the East line of said Southeast Quarter; thence North 0°12'10" West, along said East line, a distance of 1,400.21 feet to the Point of Beginning. From AE-5/UGM to R-2/UGM: That portion of the Southeast Quarter of Section 16, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, described as follows. BEGINNING at the East Quarter comer of said Section 16; thence North 89046'14" West, along the North line of said Southeast Quarter, a distance of 628.05 feet; thence South 0013'46" West, a distance of 1,399.50 feet more or less to the intersection with the North line of the South 1,280 feet of said Southeast Quarter; thence South 89042'36" East, along said North line, a distance of 638.61 feet mbee or less to the intersection with the East line of said Southeast Quarter; thence North 0012'10" West, along said East line, a distance of 1,400.21 feet to the Point of Beginning. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. 111 I I B1 CLERK'S CERTIFICATION STATE OF CALIFORNIA )- COUNTY OF FRESNO ) CITY OF FRESNO j I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of _, 2004, by the following vote: I Ayes: Noes: Absent: Abstain: j REBECCA E. KLISCH City Clerk I i By _ APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. fR,'03-79. Filed by Sunnyside Parthdrs Assessors Parcel No. 316;022-19 KAMaster Files-2003\-PLAN AMENDMENTS\A-03-18.R-03-79,C-04-148,T-5248-SAC\R-03-79-CC OrdB ll.wpd i 1 I . I � i City of c� REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VII-A COMMISSION MEETING 9/15/04 September 15, 2004 APPRovEDar FROM: STAFF, Planning Division Planning and Development Department DEPARTMENT DIRECTO SUBJECT: CONSIDERATION OF PLAN AMENDMENT NO.A-03-18, REZONE APPLICAT N NO. R-03-79, CONDITIONAL USE PERMIT APPLICATION NO. C-04-148,VESTING TENT IVE TRACT MAP NO.T-5248/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL SESSMENT NO. A-03-18/R-03-79/C-04-148/T-5248 EXECUTIVE SUMMARY Plan Amendment Application No.A-03-18, Rezone Application No. R-03-79, Conditional Use Permit No. C-04-148 and Vesting Tentative Tract Map No. T-5248/UGM propose the development of approximately 136 acres. The site is generally bounded by East.Church, East Jensen, South Fowler and South Sunnyside Avenues. Plan Amendment Application No. A-03-18 requests to amend the 2025 Fresno General Plan and the Roosevelt Community Plan pertaining to approximately 22 acres of the project site from the community commercial (12 .acres), medium-high density residential (5 acres), and medium density residential (5 acres) planned land use designations to the medium density residential(17 acres)and medium-high density residential(5 acres) land use designations. The plan amendment application also proposes to delete the equestrian portion of the multi-use trail along East Jensen Avenue, between South Fowler and South Clovis Avenues. Rezone Application No. R-03- 79, requests to rezone the subject site from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district for 117 acres and to the R-2/UGM (Low Density Multiple Family ResidentiallUrban Growth Management) zone district for 19 acres. Vesting Tentative Tract Map No. T-5248/UGM requests to subdivide the westerly 117-acre portion of the site into a 424-lot single family residential subdivision with 1 remainder parcel and 2 outlots. Conditional Use Permit Application No. C-04-148 requests authorization for the subdivision to have reduced front- yard setbacks Wallow for"swing garages" which may also be used for habitable space. PROJECT INFORMATION PROJECT A 424-lot single family residential subdivision on.the westerly 117 acres of the project site is proposed to be developed at an overall density of 3.6 dwelling units per acre. The northeasterly 19 acres of the project site are being planned and zoned for a future multiple family residential development. APPLICANT Granville Homes (Engineer: Gary Giannetta) LOCATION. Southeast. corner of East Church and South Sunnyside Avenues (Council District 5, Councilmember Dages) SITE SIZE 136 acres LAND USE Existing - Vacant Proposed - Single and Multiple-Family Residential ZONING Existing: AE-5/UGM (Exclusive Five Acre AgriculturelUrban Growth Management) Proposed: R-1/UGM (Single Family Residential/Urban Growth Management)and R-2/UGM(Low Density Multiple Family ResidentiallUrban Growth Management) REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No.T-5248/UGM September 15, 2004 Page 2 PLAN DESIGNATION Proposed R-1/UGM and R-2/UGM zone districts and 424-lot single AND CONSISTENCY family residential subdivision are consistent with the proposed amendment to the 2025 Fresno General Plan and Roosevelt Community Plan to designate the site for Medium and Medium High Density Residential land uses. ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on August 11, 2004. PLAN COMMITTEE The Roosevelt Citizens Advisory Committee recommended RECOMMENDATION approval of the proposed project at their June 28,2004 meeting. STAFF RECOMMENDATION Recommend approval of plan amendment and rezone applications and approve conditional use permit and vesting tentative tract map applications subject to compliance with the Conditions of Approval for Conditional Use Permit Application No. C-04-148, dated September 8, 2004 and Vesting Tentative Tract Map No. 5248/UGM dated September 15, 2004. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Medium Low Density R-1/UGM ` Single Family Residential Residential Single Family Residential% (Soon to be under Urban Growth Management construction) South Light Industrial AE-20 Agriculture Twenty Acre Agriculture, Fresno County East Medium Density,Residential AL-20 Rural Residential / Limited.Twenty Acre Agriculture, Agriculture Community Commercial Fresno County West Medium and Medium-Low R-1/UGM Single Family Residential Density Residential Single Family Residential/ Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for. Environmental Assessment No. A-03-18/R-03-79/C-04-148/T-5248 considered potential.environmental impacts associated with the subject plan amendment, rezone, conditional use permit and vesting tentative tract map request. The study indicates.that a portion of the project(22 acres)would not conform to the planned land use designation.and land use policies of the 2025 Fresno General Plan.aIthough the majority of.the site (114 acres) would. 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 REPORT TO THE PLANNING COMMISSION Plan Amendment Application No.A-03-18 { Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15,,2004 Page 3 declaration was issued on August 11, 2004. This environmental finding was properly noticed'with no comments filed within the 20-day review and comment period. BACKGROUND /ANALYSIS The applicant,Granville Homes,has filed Plan Amendment Application No.A-03-18, Rezone Application No. R-03- 79, Conditional Use Permit Application No. C-.04-148 and'Vesting Tentative Tract'Map,No. 5248/UGM for 136 acres of property located on the southeast corner of South Sunnyside and East Church Avenues. The applications will provide for the appropriate land use and zone districts for the following future developments: a 424-lot single family residential subdivision on 117 acres and a future multiple family residential project. A conditional use permit application for the approximately 19-acre multiple family residential portion of the project lhas'not yet been filed. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan. Resolution No. 2002-379.also updated the Roosevelt Community Plan. 'The Roosevelt Community Plan designates the'subject"property for medium (4.99-10.37 dwelling units per acre)and medium high (10.38- 18.15 dwelling units per acre)density residential land uses and community commercial land uses. The applicant wishes to pursue development of the subject property with a single family residential subdivision. ,The area proposed for medium high density residential land uses and related R-2/UGM zoning is not proposed for development at this time. The requested R-1/UGM and R-2/UGM zone districts are considered consistent with the proposed and existing residential planned uses. The proposed development of Vesting Tentative Tract Map No. T-5248/UGM, for a 117-acre portion of the site, with an average density of 3.6 dwelling units pre acre'demonstrates that the project site will be developed within the overall range.of dwelling units anticipated byjthe 2025 Fresno General Plan and Roosevelt Community Plan as provided by Fresno Municipal Code Section 12403-13-2. Surrounding land uses are.characterized by vacant, agriculture and urban-type and ruraktype residences to the north, south, west and east. Access to the subject site will be from South Sunnyside, South Fowler and East Church Avenues,.,which are all'rnajor(arterial and. collector) streets. 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 and project specific 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 South Sunnyside,.South Fowler and East Church Avenues. Land Use.Plans and Policies The plan amendment application proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan pertaining to approximately.22 acres of the project site from the community commercial 02 acres), medium- high density residential (5 acres), and.medium density residential (5 acres), planned land use designations to the medium density.residential(17.acres.), and medium -high density residential(5 acres)land use designations. The plan,amendment application also proposes to delete the.equestrian portion,of.the multi-use trail along East Jensen Avenue, between South Fowler and South Clovis Avenues which staff does not support. The plan amendment application results in the ultimate rearrangement of the existing medium,high density residential uses; the total amount.off acreage will remain.the same. The Roosevelt Community Plan had originally envisioned the existing approximately 35-acrecommunity commercial 'site to be.'a combination of officea`nd commercial uses. Staff supports the reduction of the amount of community commercial uses at this site as the 2025 Fresno General Plan has redirected that type of.use to the Fancher Creek project area.at East Kings Canyon Road and South Fowler Avenue. The remaining community commercial'area, approximately 18 acres, is sufficient to meet the needs of the surrounding area. i . REPORT TO THE PLANNING COMMISSION Plan Amendment Application No...A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page 4 Water Resources and Public.Water Supply The Water Division of the Public Utilities Department has 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 nearest presently available water service lines are located in Jensen, Church and Sunnyside Avenues. 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 assess menVinitial study will provide an adequate,reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. 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. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and.Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million.gallons per day (MGD)which is sufficient to accommodate continued planned urban development including the proposed project. The Public Utilities Department has determined that adequate sanitary sewer service is available to serve the project,, subject to the mitigation measures imposed with.the environmental assessment. The nearest public sanitary sewer.mains to serve this.project are located in.South..Sunnysde, South. Fowler,and. East Church Avenues. Circulation Element.Plan Policies.and Major Street;System Traffic.Capacity The 2025.Fresno General Plan designates South.Sunnyside and East Church Avenues as collector streets,which typically require 94-foot right-of-way width,and designates East Jensen Avenue as an expressway which typically has six travel lanes..and very limited. access. The developer, will be required to dedicate and construct improvements for Church, Sunnyside and Jensen 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 South Sunnyside, East Church and East Jensen Avenues for all residential lots adjacent.to.the major street.frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5248/UGM Conditions of Approval dated September 15, 2004. In accordance with the.Master Environmental Impact Report(MEIR No. 10130) prepared for the adoption of the 2025.Fresno.General Plan,a traffic analysis was.prepared for the proposed project. The study was prepared by TPG Consulting and was submitted in a report dated.September 2004.. The study analyzed 18 intersections in addition to street segments to.determine the project's impacts on the existing and future road network. The proposed development of 424 single family residences on 117 on of the project site and 19 acres of multiple family residential uses can be..expected..to generate an average of 6,101 vehicle trips per day(VTD). It is further projected that 473 of these trips will occur during the morning(7:00 to 9:00 a.m.)peak hour travel period and 617 willoccur during the evening (4:00 to 6:00 p.m.).period hour travel period. If the site were.developed .as itis currently planned, with 12 acres of neighborhood commercial uses (assuming 25% build-out or 130,680 square REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-1$ Rezone Application No. R-03-79 , Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page s feet of building area)the total vehicle trips per day would be 5,608. The total vehicle trips per day for the proposed residential units, is 782. The proposed plan amendment will result.in a 86% decrease in the amount of traffic projected to be generated by,the portion of the project site.affected by the proposed plan amendment: A substantial portion.of the peak hour vehicle trips are expected to utilize Fowler Avenue and Sunnyside Avenue, to the north and south of the.project site, and Jensen and Church Avenues to the west and east. Because some of the immediately surrounding 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, development of the project site will be subject to the payment of all applicable development fees including updated, or new, urban growth management fees. The project is also subject to the payment of fees and/or construction of facilities in accordance with the traffic analysis prepared for the project by TPG Consulting. The California Department of Transportation(Caltrans), District 6,Office of Intergovernmental Relations has stated that the proposed project. will affect state highway facilities, particularly the"IFreeway 99/Jensen Avenue interchange,.in letters.dated.January 30, 2004, August 11, 2004 and August 26, 2004. They have expressed concern for growth in Fresno, because any growth increases the demand on the highway systems. 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.staff has not recommended that a 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 its cost, a reliable estimate of funding sources, a justifiable nexus. or connection between the project and the .need for the state. facility improvements,.I 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. The city's conclusion has been based upon Caltrans.'s submission of varying.descriptions of the necessary freeway.improvements, the.impreciseI estimate of costs and probable funding sources, and the lack of adequate information to comply with FebiMitigation Act requirements (California. Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for.consideration. This method.utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as `a model. Using this model, Caltrans is responsible .for providing a master'facilities plan, development fee."schedule and assurances of compliance with constitutional and statutory. requirements (Mitigation Fee Act-AB 1600)which apply to the City of Fresno: Should Caltrans develop am aster facilities plan and development.impa6t fee program consistent with this model, it will be applied to any final tract map orother.applicable development entitlement:for this project. It is also noted that the City of Fresno's staff has-met with Caltrans. representatives ito 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 towardsmitigating the impact) required by State law. The City of Fresno again.trap smitted.a written explanation of the above concerns,. dated. March 31, 2003, to Caltrans District 6 Office of Transportation Planning which i REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page 6 identified potential mechanisms to establish impact fees, such as a memorandum of understanding orjoint powers agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be indemnified with respect to legal challenges protesting the imposition of a state facility fee exaction could not be granted. Subsequent correspondence received from,Caltransstaff has not clarified the District's position with respect to pursuing the city's suggested cooperative m.e.chanisms but has continued to reiterate a conclusion that itis the.sole responsibility of the. City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act(CEQA).process. Although. Caltrans representatives have not endorsed a state transportation facilities impact agreement, a partnership in planning grant was obtained by the Council of Fresno County Governments through which the City of Fresno and Caltrans are participating, along with other local jurisdictions, to complete a freeway.deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno- Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected.increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by.the respective jurisdictions. Streets and Access Points Vesting Tentative Tract Map No. T-5248/UGM proposes to have two access points to South Sunnyside Avenue and one access point to East Church Avenue. ThePublicWorks Department, Transportation Planning Section has. reviewed the.plan amendment, rezone, conditional.use permit and tentative tract map applications. Public Works staff has determined that the streets adjacent to and:near the subject site will.be able to accommodate the quantity and kind of traffic generated, subject to the dedication and.improvement of adjacent.portions of Church, Sunnyside and Jensen Avenues to their ultimate planned width. The development will also be contributing towards the ultimate construction of major street intersections that they:will be impacting. Roosevelt Community Plan Area Open.Space Requirement Roosevelt Community Plan Policy 1-17.3 requires that single family residential developments develop 5%.of the total, project area for open space use. The applicant, Sunnyside Partners LLC, has developed several other projects in the immediate area and have entered into covenants with the City to build the entire open space obligation with one of their future projects The requirementbegan with Vesting Tentative Tract Map No. 4570/UGM and was then transferred to Vesting Tentative Tract Map No. 5228/UGM. The applicant now proposes to construct a 7.5 acre linearpark with Vesting Tentative Tract Map No. 5248/UGM which meets the requirements for all three maps. Landscaping/Walls Given'that the proposed subdivision abuts planned expressway, arterial and collector streets, the developer will be required to.install .20 feet of landscaping along,East.Jensen.Avenue and 15 feet of landscaping along South Sunnyside and East Church 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 in accordance with the acoustical analysis prepared for the project by Brown-Buntin and Associates. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page 7 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.. C704-,148 was filed to-allow a 15-foot front yard setback for all 424 lots where homeowners.choose a model with.a side access garage which may also be constructed as_a bonus room.. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, .and the: standards and policies of the 2025 Fresno General Plan and Roosevelt Community Plan, complies.with applicable zoning, subdivision, and UGM requirements. Therefore; staff recommends approval. 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). 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 Rooseve,It;Community Plan designates the site for medium dens ityresidential, as amended by Plan Amendment Application No. A-03-18, 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�anddensity of development, because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and.considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. ' 4. The proposed subdivision design and improvements are not likely to cause serious.public health and safety problems, because the conditions of approval have shown and will insure.thatithe 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 I REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No. C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page 8 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,. fl h �1=(nd�ng a a The subject site is approximately 117 acres in size and has an adequate amount of space, if r : developed in accordance with the project's site plan, to meet all applicable requirements of the � 4 1 Code and as established—in the SpecialPermit Conditions of Approval dated September 8, 2004, Including yards, spaces, walls and fences, parking, landscaping and other required features ..r�.�—.rr .. vuei 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, Fand#V b„ Staff from the Transportation.Planning section of the Public Works Department has estimated that :I the proposed development will generate approximately 6,101 daily vehicle trips which can be accommodated by the adjacent streets once constructed. The proposed project will construct the required Improvements necessary for the traffic generated by the project a'!`-"e" q pp:"."..�._.- *- '.aR"a" .. wrr r-^x z "3 *> £.""..-^-res i r sr�. .7,,aw..,c.v�.0 z aub.3c'2.6 a3ArL�'u as,7 ^— _e.. !:;.c's.: .;:,. .w_'-r.1....._a,'S- m e'��n:.L=.cusa :..�- ,. ri`•_ ,....3'.a.r s.:,... �.,.�.._,.. :ems, a..»_...,. .sb agv ::.a &.k u' ;a 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. "g, ' FrndingN MThe staff of the Planning and Development Department has determined that the proposed use will 01 Ngr7p%y *pct not be detrimental to the public welfare or be injurious to property Or improvements in the area in J' � �� which the property is located if developed in accordance with the various conditions/requirements k43' established through the plan amendment, rezone, conditional use permit and tentative tract map lication review rocess. k PP P ..A„ay.,. r,3��,.,cs,.. .,..a..,�,�.,. � "�a,�..,,. . �tiF...,v,..�,.U,,��.,.-,u.,..>�u.�-�-„��?�.t+� s �,.»,.�_...�... ..,.,.,�PA,�.n.,w•.».�ti�.^ � ___ x,. ra� _�,- CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5248/UGM dated June 21, 2004, and the Conditions of Approval for T-5248/UGM dated September 15, 2004. 2. Development shall take place in accordance with Conditional Use Permit Application No:C-04-148 Exhibits A-1, A-2, A-3, A-4, A-5 and A-6, all dated.June 1.6, 2004, and the Conditions of Approval for C-04-148 dated September.8, 2004. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No.A-03-18 Rezone Application No. R-03-79 Conditional Use Permit Application No.,C-04-148 Vesting Tentative Tract Map No. T-5248/UGM September 15, 2004 Page.9 Action by the. Planning. Commission. regarding the plan amendment and rezone .applications .will .be a recommendation to the City Council. Planning Commission action of the proposed tentative tract map and conditional use permit applications, 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. A-03-18/R-03-79/C-04-148/T-5248 dated!August 11, 2004. 2. RECOMMEND APPROVAL to the City Council of Plan Amendment Application No. A-03-18 which proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan from the community commercial and medium high density residential to the medium and medium high density residential planned land use designations;as depicted on the attached Exhibit A(vicinity map) and deny the request to delete the equestrian portion of the required multi-use trail along East Jensen Avenue. 3_ RECOMMEND APPROVAL to-the City Council of Rezone Application N&A-03-79 which proposes to rezone portions of the project ,site from the AE-5/UGM (Exclusive Five-Acre Agriculture/Urban Growth Management)zone districts to the R-1/UGM (Single Family Residential/Urban Growth Management) and the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone districts. 4. APPROVE Conditional Use Permit Application No. C-04-148subject to compliance with the Special.Permit Conditions of Approval dated September 8,;2004. 5. APPROVE Vesting.Teptative Tract Map No, 5248/UG.M subject to compliance with the Conditions of Approval dated September 15,2004. K:\Master Files-2001—PLAN AMENDMENTSW-03-18,R-03-79,C=04,148,T-5248-SAC\PC Reportmpd Attachments: Vicinity.Map Vesting Tentative Tract Map No': 5248/UGM dated June 21, 2004' Conditions of Approval for T-5248/UGM dated September 15, 2004,1 including letters from Parks Division (7/14/04), Solid Waste Division (7/14/04), Fresno Metropolitan Flood Control District (07/15/04), San Joaquin Valley Air Pollution Control District (011,/29/04) and Sanger Unified School District(6/28/04) Conditions of Approval for C=04=148, dated September 8, 2004 Leiters:from Caltrans dated January 30, 2004,August 11, 2004 and August 26, 2004 Environmental Assessment No. A-03-18/R-03-79/C-04-148/T-5248 (finding of a Mitigated Negative Declaration), issued on August 11; 2004 f l !A eC yy,,��'£ , v a r l� + a 'aq^�•*n'si ,.s q �`; Jk' aarx;`k'r 1 a,4 {'•� t Nr � f Sy "T}, �;'� ax r s i c , r t i"c r } t �, "i s g' C g�`"'tas s ar,• ?' rpt x a , n� � � "i r t-r� '��s; G � z ,�"�a�" '�rs�'r ar'� a+ �"a f�-•4'� „�z x �'✓ `a.1- r Ei UJ x -:' ✓ a. :P+,-I 1 M1 4� rY«`a 1 - Z k s y a m Z �'j� r✓ 1 p 3 ' `fix vN-�Ze}� ` a. � � ,- m'i'i �, ''1 }.1: i el r'-s �. x* e a i� s kc • - . CHURCH tq811 RCH .x .+�.� __}},,i�� a� ^sw.gv '. r�ri L. w+T3 s, "W Y.� 1.-"ee: G ''Y,k•a i* ' d � .*i Ate 7 i ,y >3 E`.: r� A.� x r r• f'l yr r- f a,� '� ^� m� k " zw ma +,G x sr �Y�"x`+u'�z ��i z•1 '' y� .}as a�iN l�p� �v� ��,� Yet >&r-,d '{iT"i-� � i"'� - Fx•a$ Ss r t 4 }yid C x '�' t"° 1� yS°rYi Ftwa"m'{f�„.-"&�i�3kp �r �"41'" �{,of - "� - �'.; R R / 1xp4 m d x £Sx * rr L }r �x r a.A ail a 1 ig,7 . t "2r. '.'.y-�a-•* r9s'"r't£fl�i*:'�iS4�,�a1 X53a'* k'xaeY '�,t3 1 rw.y,'aR. , y x x a�61 � c � ,$ s' L�f3 s ans.c• e- t x rY rYu;°3�°x�,y3� a4r��xn tea"+' 's 7 c .� ' q7 � �7� to a+u s f h r✓ R 7 bb 3s �a r 1 N01, z� '� fi.... x a�� ' ' Y��•��a��a 7#}�g.'n �zi'�"�� r t 3,r .{ o- n� � y-r,N i aw s �w ,Y,. v^r�'d r�x r,x �s � P.ro^=��fddKVV��'�,•CCn �d '�rr�5'"" `P r ,w d rn zi,,}}� _ �I, Coiinty } y .lti'� r��i�,4 a"�h r,Yr x �34.r "'�('�• ,,r��*rx,` � d�,r�y�'-�y�qX��` "�„d1,'-r y ti - t x 'r'i'r ✓ {�'� �ir"`i�a ��r�.�x�t�&Y� �u+'"�a� ,r JENSEN LEGEND Rezone from AE-51UGM to R-1/UGM' r. Subject Property A x ' Vesting Tentative Tract Map No T-5.248 { � Rezone from AE-5/UGM to R-2/UGM C.31 Conditional Use Permit No.C-04-148 A,x�iy�, ,� -� +�s Rezone from AE-5/UGM to R-2/UGM �, tet,. Rezon - rom AE-5/UGM to.R-1lUGM u'w,. `"� ` �--�"' ° to Med.High Density Resid.' �t� �° �•�� t si Resid. V ting Tentative Tract Map No.T-5248 Conditional Use Permit No.C-04-148 Rezone from AE-5/UGM to R-1/UGM Amend Plan from Med.High Density Resid. to Medium High Density Resid. Vesting Tentative Tract Map No.T-5248 Conditional Use Permit No.C-04-148 VICINITY MAI" PLANNING PLANNING & DEVELOPMENT REZONE APPLICATION NO.R-03-079 N DEPARTMENT From AE-5/UGM to R-1/UGM,R-2/UGM&C-1/UGM PLAN AMENDMENT NO.A-03-018 A.P.N:: 316-022-19 From Community.Comm.and Med.High w s Density Resid.to Medium Density Resid. ZONE MAP: 2656 VESTING TENTATIVE TRACT MAP NO.T-5248 CONDITIONAL USE PERMIT NO.C-04-148 s North of Jensen Ave.btwn Sunnyside and Fowler Aves. NOT TO.SCALE BY/DATE: J.S. / 8.18=04 w v CC) a N N Z w LO a- 0 O w Z a v a U Q F— 3nN3AV 831M03 H1f10S -- -- - --- - - - - - - - - --- - — - --- 1 ' LLJ I 1 I I I I I 1 1 R R A A A a A k A a d R R A 4 A a a b b d A' d R a a k n A P 6 k s & a d a A I k !a � A k a a a d k a a A R a A P A e 5 s F a A a d A s 4 � k 3 4 = k E k .R 9 A ink, a k d a A A k a k d 4 A E I b 5 9 ►� d = A A L.j A Z w I ® s a A a a. a A.- -I- a a LLJ R I Z = 1 ^ u R W s a R W 1 LLJ v R R R W E W R E a A a P � - � • p 7 E S k _ R 4 8 E A a a I t R _ a. I R t E - s 8 4 a a V 9 a ' c a 4 4It p - a 5 - A - d R k - - - - - - - - - 3nN3AV 301SANNnS H1f10S 0 n Ln V .CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL September 15, 2004 VESTING TENTATIVE TRACT MAP NO. 5248/UGM Southeast corner of East Church and South Sunnyside Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno. Municipal Code,City policies,and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management(UGM)Service Delivery Plan. requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees,dedications, reservations or exactions for this project are subject to protest- by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5248/UGM entitled"Exhibit A,"dated June 21, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval(Reference: Sections 12-1022 and 1.2-1023 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. 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 CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 2 September 15, 2004 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, ."Subdi.vision of Real Property"; Resolution No 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard Specification's; 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 provisionstof 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,lat 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 South Sunnyside, East Church and East Jensen Avenues from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal CodLs. 4Gw fas- r c . Res,.-e MD 12d6 7, rlo y 10. Per the Roosevelt Community Plan and the 2025 Fresno General Plan, a multi-use trail is required on the north,side.of Jensen Avenue. The trail must be of.a width satisfactory to accommodate pedestrians, bicyclists and equestrians. If the related plan amendrhent application.is approved to delete the equestrian portion of the trail,. it shall be of a width satisfactory to accommodate pedestrians and bicyclists. The .plans for the trail must be approved by the Planning and Development Department as well as the Public Works Department. i . LANDSCAPING AND WALLS U� i 11. Provide a 26-foot landscape easement and irrigation system along the side or rear property Iineg' of lots which side-onto or back-onto East Jensen Avenue(Roosevelt Comrriunity Plan Policy 2-3.9). Provide a 15-foot Jandscaped easement and irrigation system along the side or.rear property lines of lots which side-onto or back-onto South Sunnyside and East Church .Avenues (Roosevelt Community Plan Policy 2-3.9). A six-foot masonry wall shall be constructed at the rear of the required landscape easement. _ 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 minimumeasement width shall be expanded to include the full landscaped area up_ to the wall location. I I � l CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 3 September 15, 2004 12. Maintenance of the required landscape easements along South Sunnyside, East Church and East Jensen 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. The property owners shall petition the City for annexation to the City's District prior to Final Map approval. 13. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he/she shall be required to provide the City of Fresno, Department of Public Works, with a petition consisting of the following items: a. A letter(petition) from the landowner or the owner's representative requesting the Final Tract be placed into the District. The name, address, phone number and fax number of the developer/landowner must be included in this letter. See attached letter form. b. A District Tentative Plan for the entire tentative map, signed by the landowner/developer, showing landscaping locations and total areas by type to be added to the District. The plan will also show .locations, areas by type and quantities of any other features to.be added to the District. C. Complete plans for the current final tract map showing all features to be added to the District. 14. Should the City Co uncil..not approve the.annexation of such landscape areas into.Community Facilities District, 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 assignmentof responsibility to the owner's association for landscaping and other provisions as.stated.in the.Development Department Guidelines for preparation.of CC&R's dated January 11, 1985. 15. Improvement plans for.all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to, Final Map approval. 16. Construct a 6-foot high solid masonry wall along the rear or side property lines.of all lots which back-onto or side-onto South Sunnyside and East Church Avenues (solid wall to meet the requirements of Section 12-306-H, Fresno. Municipal Code). Construct a 12-foot high solid masonry wall (or approved combination of solid wall and earth berm) along the rear property Fines of lots which back or side onto East Jensen Avenue (southerly boundary of tract). This wall is required pursuant to,and.shall be constructed in accordance with,the acoustical analysis prepared by-Brown-Buntin Associates dated April 16, 2004. Construction plans for required walls showing architectural appearance and location of all..walls shall be submitted to the Planning and D�celopm partment for review prior to Final Map approval. �UE�lrK' 17. Prior to tinal,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 1--- 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 CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM . Page 4 September 15, 2004 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. 5248/UGM. . i BUILDING SETBACKS 18. Building setbacks shall be in accordance with the R-1/UGM zone districti(FMC Section 12-211.5-E) and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit "A" of Vesting Tentative Tract No.5248/UGM dated June 21, 2004. J. 19. Building setback lines shall be as shown on Exhibit "A dated June 2f, 2004. A 10-foot building setback is required on the easterly side of Key Lot 310 and on the westerly side of Key Lot 41 to w help minimize the impact to neighboring lots in accordance With Fresn'o;Municipal Code Section 12-1011. INFORMATION r 20. Vesting Tentative Tract .Map No. 5248/UGM is subject to Council ;approval of related Plan Amendment Application No. A-03-18 and Rezone Application No. R-03-79. 21. Conditional Use Permit Application No. C-04-148, filed to allow a reduced front yard setback for c a portion of the.proposed tract map, shall be approved prior to final map approval. Prior to the.issuance.of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 23. Contact the United States Postal,Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 24. 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. 25. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/clo;sure 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.. - 26. If archaeological and/or animal fossii 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 numberis 559-488-3.111 for the Fresno County Sheriff's Department).If remains or other archaeological material is possibly Native American in origin,the Native Amencan 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 CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 5 September 15, 2004 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 anyfurther site investigation or preservation measures. 27. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or.pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following. information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent .of the owner(s) of each such lot, parcel, or interest to the.requested apportionment. The application shall be filed prior to the approval:of the Final Map(s) by the City and shall,be accompanied by a fee in an amount specified In the Master Fee Resolution for each separate lot, parcel,'or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an a mount sufficient to pay all..costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment: 28. 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. 29. 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 30. The developer/owner shall comply with the requirements in the attached memorandum from the Parks Division dated July 14, 2004, for.Vesting Tentative Tract No. T-5248/UGM. Urban Growth Management Requirements 31. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 6 September 15, 2004 FIRE SERVICE 32. Fire service will be provided by Fresno County Fire Station Nos. 88 and 87,which are located more than three miles away. Any construction of buildings prior to the completion of City of Fresno Fire Station No. 15(at Clovis Avenue and Park Circle),which will ultimately serve the project, must meet the Urban Growth Management requirements for service. 33. . Provide residential fire hydrants and fire flows (1500 gpm) per Public Works Standards with two sources of water. ! 34. Access is acceptable as shown. There shall be at least two points of'access to the subdivision during construction. Urban Growth Management Requirements.; I 35. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Feepayment 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 It, STREETS AND RIGHTS-OF-WAY- ,36. 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. 37. 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. 38. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno.Standard Specifications (2002 Edition). 39. The subdivider shall install all existing and proposed utility systems underground in accordance with . Fresno Municipal. Code Section 12-1011(H). 40. 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, 787522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer,prior to Final Map approval. Upoo.,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. 41. 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: i I CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 7 September 15, 2004 42. 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. 43. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. 44. 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: Church Avenue: Collector Id1t9I�1iz1 a'E 17.- PT1Es0 0 v 120b Z 45. . , . Dedicate property,keffi4eGUGn W;e� for public street purposes within the limits of this subdivision to meet the current City of Fresno, Collector Standards. - 46. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed.to a 10-foot residential pattern. 47. Construct an 80 foot bus bay at the southeast corner of Church/Sunnyside. Concrete curb and gutter shall be constructed to.:Public Works Standard P-73, complete with a 10 foot monolithic sidewalk: 48. Construct twenty(20)feet of permanent paving (measured from face of curb) within the limits of this subdivision. 49. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this.subdivision.::Spacing and design shall conform to Public Works Standard E-8 for Collector Streets: . 50. Relinquish direct vehicular access rights to Church Avenue from all lots within this subdivision. Sunnyside Avenue: Collector - 51. Dedicate 47'-55' of property, from section line, for public street purposes.within the limits.of this subdivision to meet the current City of Fresno Collector Standards. 52. Construct concrete curb, gutter and sidewalk to Public.Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 53. Construct an 80 foot bus bay at the northeast corner of Sunnyside/Jensen. Concrete curb and gutter shall be constructed to Public'Works Standard P-73, complete with a 10 foot monolithic sidewalk: 54. Construct twenty (20)feet of permanent paving (measured from face of curb)within the limits of this subdivision. • - ! i CONDITIONS OF APPROVAL '. Vesting Tentative Tract No. 5248/UGM Page 8 September 15, 2004 55. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 56. Relinquish direct vehicular access rights to Sunnyside Avenue from all lots within this subdivision. Jensen Avenue: Expressway 57. Dedicate 42'-44' of property, from section line, for public street purposes, within the limits of this subdivision, to meet the,modified City of Fresno.Expressway Standards: 58. Construct concrete curb and gutter to Public Works Standard P-5. The parkway .shall be constructed to a ten (10) foot pattern. 59. Construct twenty(20) feet of permanent paving within the limits of this tract and transition paving as necessary. 60. Construct expressway.barrier fencing to Public Works Standard P-74 and P-75. 61. Construct an.underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-10 for Expressways. . 62. Relinquish direct vehicular access rights to Jensen Avenue from all lots within this subdivision. 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 00blic.Works Standards. Sidewalk patterns.shall.comply with.Public Works Standards. 64. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with.the Public.Works Standard P744. Specific Mitigation Requirements: IPC . ►,, *4. EAL Byrd-A era e�Faetweef;Sty fir d"amt-=(—S r iter � nc k a� age.) 66. Relinquish direct vehicular access rights to a. . the east property line of lot 1. b. the west property line of lot 400. 67. The first order of work shall include 'a minimum of two points of vehicular access to the major streets for any phase of this development. 68. Proposed design of cross section E-Elis not approved.,A minimum of 26' between curb faces shall be constructed. G II r - tONDITIONS.OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 9 .September 15, 2004 M?1001 fiEy ft i< QG. R05-0, L 2.0 6 Z '1/t 5�o 69. Booker and Kaviland: The proposed design of cross section C-C is not approv erraotr=rrrm4lcl-stte ' --F nn ried'eSI�-lle"IO't ie�tii�rrt�laj7til9 d.�he„�gl oJl6+� rB,E�#oi�r< 6�-v�AW J u�cstiier�is IS./ �a ch ' r� v�, Via,,, Gib �rorif;' an. �0�� . �ej`!s/�!/�.�c�e • 58. �-v�e _ UGM Re reams. 70. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees. Church Avenue: Collector 71. Dedicate and construct(2)two 17' center section travel lanes with 250' left turn lanes, at all major intersections. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. 72. . Install a signal'.pole with.a 150-watt safety light to Public Works-Standards at the southeast corner . of Church/Sunnyside. L Sunnyside Avenue: Collector 73. Dedicate and construct(2)two 17' center section travel lanes with 250' left turn lanes, at all major intersections. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. 74. Install a signal pole with a 150-watt safety light to Public Works Standards at the northeast corner of.Sunnyside/Jensen. - - Jensen Avenue: Expressway 75. Construct a raised concrete median with 250' left turn pockets at all major intersections within the limits of this subdivision. 76. Signalize the intersection of Jensen at Sunnyside complete with actuation,.signal pre-emption and left turn phasing. SANITARY SEWER SERVICE The nearest existing sewer main is:a.48-inch sewer mains in East Church Avenue, a 15-inch sewer main and an 8-inch sewer main in South Sunnyside Avenue. The following conditions are required to provide sanitary sewer service to the tract. 77. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 78. Separate sewer house branch shall be provided to each lot created within the subdivision. 79. Sanitary sewer main extensions shall include the installation of house branches to adjacent developed parcels. 80. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. i CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM Page 10 September.15, 2004 81. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting _....__plan and.profiie drawings for plan check._.Engineered improvement.plans:prepared by a Registered Givil Engineer are required for proposed additions to the.sanitary sewer system. 82. ; ' Abandon all existing on-site,private`san.itary.sewer,systems.,,., Urban Growth Management Requirements 83. Sewer connection charges are due and.shall be paid for the project. WATER SERVICE - There is an existing 14-inch water main located in.South Sunnyside 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. 84. Construct a 14-inch transmission grid water main(including installation of Cityfire hydrants)in East- . Church Avenue from South Sunnyside Avenue east across the project frontage. 85. Construct a 14-inch transmission grid water main(including installation ofCity fire hydrants)in East Jensen Avenue from South Sunnyside Avenue east across the project.frontage. 86. Construct a 1.4-inch transmission grid water .main (including installation of City fire hydrants) in West Barstow Avenue from North Grantland Avenue east across the project frontage. 87. Water mains (including..installation of City fire hydrants to.city standards)shall be extended within the proposed tract to provide Water service to each lot created. 88. Separate water services with meter boxes shall be provided to each lot created. 89. Water main extensions shall include the installation of water services to adjacent developed parcels. 90. Construct a water supply well(§) on a.site(s)dedicated to the City of.Fresno. The well(s),shaII.be capable.of producing a minimum,total demand of 500 gallons per minute, sufficient to serve peak water demand for the project. Well'site(s) shall be of a size and at a location!acceptable to the Water Systems Manager. The cost of acquiring the well site(s)and construction of the well(s)shall be reimbursed from. UGM Water.Supply Well Service Area. Fund 601s,. in accordance with established UG.M.policies. 91. Water Well construction.shall include wellhead treatment facilities, if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fundi of the area. The cost of - constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund.501 s, in accordance with established UGM policies.' 92. 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 Waiter Systems Manager. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5248/UGM. Page 11 September 15, 2004 93. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 94. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additi Ahhe,City Water System. 95. Existing agricultural wells within the boundaries of the proposed development shall be sealed and a a doned in compliance with the California Well Standards, Bulletin 74-90 or current revisions; issued bytalifornia Department of Water Resources, and City of Fresno standards. Urban Growth Management Requirements 96. 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 97. Comply with the attached letter from the Solid Waste Division dated July 14, 2004. t FRESNO IRRIGATION DISTRICT 98. Fresno Irrigation District (FID) has.no facilities on the subject property. FLOOD CONTROL AND DRAINAGE 9. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 1.3, Article 13: 100. The subdivider shall be.required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control _District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may granted by the FMFCD Board of Directors, . pursuant to Section 13-1307 of the.Fresno Municipal Code.. These requirements are identified in the District's letter to the Planning and Development Department dated July 15, 2004. 101. Any.tempora.ry.ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7) days from the time the basin becomes operational or.as directed by the City Engineer. Temporary ponding basins will be created;10rough 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 102. The developer/owner`shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated January 29, 2004,for Plan Amendment Application No.A-03-18 and Rezone Application No. R-03-79. SANGER UNIFIED SCHOOL DISTRICT 103. The attached letter from Sanger Unified School District, dated June 28, 2,004 states that current developmerit fees for residential uses are $2.14 per square foot. It also says that students in the CONDITIONS OF APPROVAL -Vesting Tentative Tract No. 5248/UGM Page 12 September 15, 2004 proposed development may be transferred to other schools in the district due to increasing enrollment. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) . 104. 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. 105. 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 106. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the'required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the., event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map' approval. The developer/owner should contact the Real Estate.Section of the Public Works Department to receive procedural guidance in.such acquisitions. Should.such acquisition,not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to.the City Public Works Department, Engineering Division/.Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno .Real Estate Section)prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate'security in the form of a cash deposit to guarantee payment of all costs,associated with the acquisition, including staff time,attorney's fees,appraisal fees,court costs,a.nd all.related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. DEVELOPMENT FEES AND CHARGES 107. 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 CONDITIONS OF APPROVAL. Vesting Tentative Tract No. 5248/UGM Page 13 September 15,2004 c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE g. Metropolitan Flood Control District Fee ` Contact FMFCD for new 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. Copper Avenue Sewer-Lift Station Charge n/a m. Fowler Trunk Sewer Interim Fee Surety n/a n.. House Branch Sewer Chargen/a o. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE . p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by. the Master Fee Schedule. q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $560/gross acre S. Transmission Grid Main Bond Debt Service Charge $243/gross acre t. UGM Water Supply,Fee $507/living unit Service Area: 501-5 u. Well Head,Treatment Fee $207/living unit Service Area: 501 CONDITIONS OF APPROVAL .Vesting Tentative Tract No. 5248/UGM Page 14 September 15, 2004 v. Recharge Fee $61/living unit Service Area: 501 w. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE x. Northeast Fresno Policing Area. n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* y. UGM Fire Station Capital Fee $605/gross acre Service Area:15 z. UGM Park Fee $1650/gross acre Service Area: 2 aa. Major Street-Charge $2180/adj. acre Service Area: D-1/E-2 bb. Major Street Bridge Charge $210/adj. acre Service Area: D-1./E-2 cc. Traffic Signal Charge $860/adj. acre dd. UGM Grade.Separation Fee n/a ee. Trunk Sewer Charge n/a Service Area: Fowler ff. *Street Acquisition./Construction Charge n/a K:1Master Files 20031—PLAN AMENDMENTS\A-03-18,R-03-79,C-04-148,T-5248-SAC1T-5248-COA.wpd i I ■ PARKS, RECREATION & COMMUNITY SERVICES-DEPARTMENT TO: Shelby Chamberlain, Planner III Planning Division FROM: HILARY KIMBER, Parks Supervisor II(621-2924) DATE: July 14,2004 Subject: Vesting Tentative Subdivision Map T-5248 (Located on the northeast corner of S. Sunnyside and E. Jensen Avenues. The Parks Department has reviewed the Vesting Tentative Subdivision Map Tract No. 5248 drawn.by Gary Gianetta Civil Engineering& Land Surveying for Sunnyside Partners,L.L.C. dated 4/9/04. Parks offers the following requirements regarding the street tree, and buffer/parkway strip conditions . . . STREET TREE REQUIREMENTS A. Street trees are required on all internal streets. Tree planting shall-be within a 10' Planting and Public Utility Easement. The Developer shall plant street trees. Tree species to be planted on those streets are as follows: E. Church Ave. Ouercus lobata(Valley Oak) E. Bums Ave. Pistacia chinensis(Chinese Pistache) E. Laurite Ave. Podocarpus gracilior(Fern Podocarpus E. Booker Ave. Laurus nobilis(Sweet Bay) E. Grove Ave. Sapium sebiferum (Chinese Tallow) E. Byrd Ave. Quercus virginiana(Southern Live Oak) E. Kaviland Ave. Platanus acerifolia `Columbia' (Columbia Sycamore) E. Garrett Ave.. Nyssa sylvatica(Black Tupelo) E. Jensen Ave. Fraxinus americana 'Autumn Purple' (Autumn Purple Ash) S. Sunnyside Ave. Pistacia chinensis(Chinese Pistache) S. Claremont Ave. Fraxinus `Autumn Applause' (Autumn Applause Ash) . S.Miami Ave. Brachychiton populneum (Bottle.Tree) S. Purdue Ave. Sapium sebiferum (Chinese Tallow) S. Fordham Ave. Platanus acerifolia `Columbia' (Columbia Sycamore) S..Stanford Ave. Ginkgo biloba `Autumn Gold or`Fairmont' (Maidenhair Tree) S. Ezie Ave. Koelreuteria paniculata(Golden Raintree) B.. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting,the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60' of public or one tree per lot whichever is greater. b. Trees shall be planted in accordance with "Specifications for Developer Street Tree Planting." The developer shall contact Parks to determine tree species required on each street. c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Parks, Recreation and Community Services Department. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with Parks Division's planting specifications and meets the specifications of the city. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. DEVELOPER PLANTING FOR CaviviUNITY FACILITIES DISTRICT C. The developer may landscape for inclusion into the Community Facilities District(CFD2),the landscape strip and right-of-way on the north side of J.E. Jensen, east side of S. Sunnyside, south side of E. Church Avenues. Outlot `A' and Outlot `B' qualify as a linear park and can be included to the CFD2 status. 1. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks, Recreation and Community Services Department. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping passed by Council on September 20, !1994. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. ',All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 wit11 P of level ground between the slope and the back of the sidewalk and/or face of fence.'Erosion control measures shall be implemented on all slopes of 4:l,.including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows.. 5. No private flags, signs or identification of any kind shall be permitted in.'the right of way, within the city- controlled easement or on the fence or wall facing the street. .. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included'in the CFD. . 7. Street trees designated for this project shall be: S. Sunnyside Ave. Pistacia.chinensis(Chinese Pistache) E. Church Ave. Quercus lobata(Valley Oak) E. Jensen Ave. Fraxinus americana `Autumn Purple' (Autumn Purple Ash) i ■ Y Parks,Recreation and Community Services Department July 14,2004 T-5248 Page 3 TRAIL REQUIREMENTS D. The trail shall be constructed in accordance with the"Master Multi-Purpose Trails Manual". The subdivider is responsible for.the trail construction. If Public Works should place the alignment of the trail adjacent to this subdivision, the subdivider shall be responsible for the following: 1. The.subdivider shall install an Expressway Barrier per Public Works Standard P-59, 0-74 and P-75. 2. Plans shall include landscaping and drip irrigation, and be approved by the Public Works Department as part of the.street construction plans. After the construction has been accepted by Public Works,the area shall be maintained by the City of Fresno under the CFD2. 3. Landscape plans for a trail shall include removable bollards at each trail entrance according to City Parks Standards. Landscaping within the multi-purpose trail shall include large, medium and low- growing shrubs planted from 3' to 6' apart depending on variety, and trees spaced approximately 25' to 45apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with the "Landscaped Buffer Development Standards". All planting shall be irrigated with an automatic drip system. UGM REQUIREMENTS F. The project is in UGM Zone#2. Please assure that all Parks UGM fees are collected as allowed by FMC. The nearest regional park to the site is the Sports Complex. The nearest neighborhood park is located on the northwest corner of E. Butler and S. Villa Avenues. The nearest neighborhood park scheduled to be constructed is at E. Church and S. Fowler Avenues. This is consistent with the Parks Master Plan. FEES G. As a reminder,please verify that the following administrative/plan check fees are collected: 1. Collect the CFD Plan Review fee of$176.00 (FY2002 rates)(Acct#34599 Fund#10101 Org#17050) 2. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct. (Acct 434599 Fund#10101 Org #17050) 3. Collect the UGM fee for neighborhood parks. City of ILmInlnen®®,\\lic rfll��i_iA dllgv� Department of Public Utilities Solid Waste Division 1325 E. EI Dorado Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov July 14, 2004 TO: Shelby Chamberlain, Planner III Development Department, Plan ng Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities,Solid Waste Division SUBJECT: TT 5248, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5248, which was submitted by Gary G. Giannetta on behalf of Sunnyside Partners, L.L.C. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements:. • Tract 5248 willbe serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants,of the residential dwellings on service'day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations,;S'ection C,10. No Solid Waste container nor residential rubbish shall be allowed to remain lat the curbline after 8:00 p.m. on the collection day.' 41 Special Conditions: • There shall be no parking in any cul-de-sac on the solid waste service day. The following lots shall be clear of all vehicles by 6:00 a.m. Lots 12, 13, 14, 15, 16 and 17 on East Eugenia Avenue Lots 28, 29, 56 and Outlot A'on East Burns Avenue Lots 57, 58, 101, 102 and Outlot A on.East Laurite Avenue Lots 135, 136, 163, 164 and Outlot B on East Grove Avenue Lots 165, 166, 192, 193 and Outlot B on East Byrd Avenue Lots 194, 195, 222, 223 and Outlot B on East Kaviland Avenue Lots 74, 75, 76, 77 and 78-on South Claremont Avenue Lots 148, 149, 150; 151 and 152 on East Grove Avenue Lots 177, 178, 179, 180 and 181 on East Byrd Avenue Lots 240, 241, 242, 243 and 244 on South Claremont Avenue Lots 247, 248, 249, 250 and 251 on South Miami Avenue Lots 254, 255, 256, 257 and 258 on South Purdue Avenue Lots 261, 262, 263, 264 and 265 on South Fordham Avenue Lots 316, 317, 342, 343 and Outlot Bon East Byrd Avenue Lots 344, 345, 353, 354 and Outlot B on East Grove Avenue Lots 361, 362, 424 and Outlot A on East Laurite Avenue Lots 411, 412, 413, 414 and Outlot A on East Bums Avenue Lots 375, 376, 377, 378, 379 and 380 on South Bundy Avenue • There shall be no parking allowed in the.narrow strip along the linear park on East Booker , Avenue. Solid Waste requires that there be 18' of unobstructed clearance in the path that the solid waste truck travels. File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER M4 Mr. Gil Haro, Planning Manager SUNNYSIDE PARTNERS, L.L.C. Planning & Development Department 1396 W.HERNDON AVE.,STE. 101 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5248 PRELIMINARY FEE(S) (See below) M DRAINAGE AREA(S) " BH BL DRAINAGE AREA BH; "' $544,589.00 DATE_ 7 t Sl og DRAINAGE AREA " BL' 11 $90,000.00 -�— TOTAL FEE $634,589:00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California.Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related;CEQALNEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such:approval. The fee indicated above is based on the tentative map. Contact the FMFCD.project engineer.prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: co a) Fees related to undeveloped or phased portions of.the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being.undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. saaa 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456L3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. .Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water & Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction,of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5248 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than . storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities; approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to:,submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board), develop and implement a storm water pollution prevention plan., eliminate non-storm water discharges, conduct routine site inspections, train employees 0 in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by co Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittee'' 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. 5248 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)45673194 Two sided document ' � I FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State_General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X .See Exhibit No. 2 for additional comments, recommendations and requirements. rald E. Lak an, Proj ct Engineer: Jason Clarke District Engineer, Assistant General Manager C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5248 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document w > Q NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. — 36 CHURCH 24" 1$" ' AVE. II -------------- ------------ co ---- co I w I i r I a 24" I I I ------------------------1 I I I1 I I \ SCALE I W TRACT ; � � I Z 5248 _ -� Z I I m m 1$" I 42. _ • .n.vuu....uu.ub.nu...uun uu � i ----------- TO BASIN � l I: / 24" I: 24" �PGl\ ; ®......................... .I — ,�� I \ 24" I 24" r� ^� I I I I W C14 I I I J 30 I I \ I R-` I. I O I f 18" ------1-------- NOR �\ co I i � I � I I L--------- ------ _'ll--pp ----- pp I LEGEND JENSEN AVE. Fes_MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DIRECTION OF DRAINAGE DEVELOPER (ELIGIBLE FOR FEE CREDIT) ---- INLET WUNDARY OPTIONAL MASTER PLAN FACILITIES TO BE DRAINAGE AREA BOUNDARY M...............CONSTRUCTED BY DEVELOPER (ELIGIBLE FOR FEE CREDIT) { ED——— EXISTING MASTER PLAN FACILITIES ®-- FUTURE MASTER PLAN FACILITIES TRACT 5248 DRAINAGE AREA: "BH" & "BL" EXHIBIT N.O. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NCPP 07-1794 !\AUTOCAD\DWCS\OEXHIBIT\TRACTS\5248.DWG fir. OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee I of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District: The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to recording of the final map. The construction of "Optional Master Plan facilities to be constructed by Developer", as shown on Exhibit No. 1 will provide permanent drainage service to that portion of Tract 5248 located within the District's Drainage Area `BL The District will consider condemnation proceedings for easements on behalf of the Developer if he cannot negotiate, an acquisition. The Developer shall deposit with the District the estimate easement and appraisal costs with the Developer's authorization to proceed with any acquisition. The deposit shall include all acquisition costs, including if determined by the District to be warranted, applicable legal costs. The easements-on developed parcels are eligible for fee credit; however, the easements on undeveloped parcels are not eligible for fee credit. If the optional facilities are not constructed by Tract 5248, the District recommends temporary facilities until permanent drainage service is available in Drainage Area «BL„ The developer of Tract 5127 has been required to construct the storm drain facilities as shown on the attached sketch. Upon.completion of those facilities permanent service will be available. A minimum of fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The site shall be graded so that major storm flows from the tract are conveyed northerly or stored within the street right-of-way. If major storm flows are conveyed to Jensen Avenue, the developer will be required to construct Non-Master Plan Facilities in the form of a siphon under, Jensen Avenue to direct these flows to the south side of Jensen-Avenue. The Developer must pay all costs for controlling major storm water from the project without fee credit. Development No. Tract 5248 eng\permit\exhibits2\tract\5248 Oc) San .Joaquin Valley Air Pollution Control District January 29, 2004 029DEV2004 REC jM David Stiglich Planning & Development JAN 3 ® 2004 2600 Fresno St., Third Floor Fresno, CA 93721-3604 DEVELC MENTDEPARTMENT CITY OF FRESNO Subject: A-03-18, R-03-79 (APN 316-022-19) Dear Mr. Stiglich: The typed "Date Routed" and the comment deadline (January 16 — Januaryi26) indicate a review period of 10 days. However, despite the mailed date and review period cited;in your cover letter, the District received the request for comment on January 21, 2004, allowing a review period of 5 days, 3 of which our office would be closed on. The District is entitled to an adequate,review period. In the future, the District will comply with a minimum 10-day review period (or other specific review period time-frame based on project type) based.on receipt by the District of related documents. District staff responds to hundreds of review requests, with varying degrees.of complexity, monthly. Often, engineering, permitting, and compliance staff are also involved during our in-house review and the short response time frames are difficult to comply with. If your agency is working in an expedited time frame, the District will accept emails or faxes with a hardcopy following shortly thereafter. Although the proposed project would result in a decrease of estimated traffic from the'designations in the 2025 General Plan, the adoption of over-riding considerations for a General Plan EIR does not preclude the responsible parry from conducting environmental analysis of projects on an individual basis, as the General Plan EIR is essentially a generalized EIR, which cannotaddress specific future projects. This project will contribute to the overall decline in air quality due toaincreased traffic and ongoing operational emissions. This project may generate'significant air emissions and it.will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project- related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality i Impact Assessment (AQIA) to determine impacts when projects are of this size, unless an I analysis has been accomplished for a recent.previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed in a previous study. . The District recommends using the URBEMIS 2002 program to calculate project area source and mobile source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions'',regarding URBEMIS 2002 should be' directed to Thomas Jordan at (559) 230-5802. ' Mr. Stiglich January 29, 2004 A-03-18, R-03-79 Page 2 The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at htti)://www.valleyair.org/rules/1 ruleslist.htm. 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in. residential developments. Please note that on July 17, 2003 amendments to Rule 4901 where adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning,heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling .unit in any new residential development with a. density equal to or less than two (2) dwelling units per acre. 2. District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin if the project cumulatively encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns.agricultural material, it would be in violation of Rule 41.03 and be subject to District enforcement action. 4. Paving operations of this project will be subject to Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. This project may be subject to additional District Rules not enumerated above. To identify additional rules or regulations that apply to this project, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at 230-5888. There are a number of mitigation measures that should be incorporated into the design of this project to reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible). This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. _A brochure has been included for the applicant. See httr)://www.coolcommunities.org htto://www.Igc.orq/bookstore/enerqv/downloads/siv tree quidelines.pdf http://www.urbantree.org • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading Mr. Stiglich January 29, 2004 ' A-03-18, R-03-79 Page 3 areas, route signs and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks and bikeways should be installed throughout as much of the; project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas,;etc., to encourage walking and bicycling. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks .and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle .use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles, Pathways through the project should be built or appropriated in anticipation of future growth. Specifically: VTTM 5248 containsa maze of cul-de-sacs and dead-end streets, which is not conducive to pedestrian movement. ' Mid-block paths should beinstalled to facilitate pedestrian movement through long blocks (over 500' in length) and culde-sacs. • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include (but are not limited to): Increased wall and ceiling insulation (beyond building code requirements)' Energy efficient widows (double pane and/or coated) High-albedo (reflecting) roofing material. See http://eetd.Ibl._qov/coolroof/ Radiant heat barrier. See http://www.eere.energy.gov/consumednfo/refb-riefs/bc7.htmi Cool Paving. See http:Hwww.energy.ca.gov/coolcommunity/strategies.Htrnl Energy efficient lighting and appliances. See http://www.energystar.gov/ Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters). - Energy efficient heating/cooling systems (such as radiant heating system) Awnings or other shading mechanism for windows - Porch/Patio overhangs Ceiling fans, whole house fans Orient the units to maximize passive solar cooling and heating.when practicable' Utilize passive solar cooling and heating designs. See http://www.eere.energy.ciov/RE/solar rassive.html Electrical outlets around the exterior of the units to encourage use' of electric landscape maintenance equipment Pre-wire the units with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of traditional open-hearth fireplaces) Natural gas lines (if available to thisjarea) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items'should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter',traffic from the project site, etc. More information can be found at: http://www.lgc.org, j http://www.consumereneroydenter.org/index.htmII http://www.sustainable.doe.gov/ • Project design should use models put(forward by the Local Government Commission (LGC) in the "Smart Growth Guidebook," such as; street block patterns that form a.n interconnected grid, short block faces, numerous alleys and',narrow streets. Street dime nsions'shouId be designed in accordance to "Street Design Guidelines for Healthy Neighborhoods" by the LGC. The Local a l Mr. Stiglich January 29, 2004 A-03-18, R-03-79 Page 4 Government Commission (LGC) website http://www.lgc.org contains valuable information and resources on subjects from street design to energy efficiency. • The project should include as many clean alternative energy features as possible to. promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment. More information can found at: http://www.dsireusa.org , http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: Require construction equipment used at the,site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible: - Use alternative fuel construction equipment. - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). - Install wind breaks on windward sides of construction areas. Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare the Air Days" declared by the District. Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call Mr. Hector R. Guerra, Senior Air Quality Planner, or me at 230-5800. Sincerely, Chrystal Meier CEQA Commenter Central Region Hector R. Guerra Senior Air Quality Planner Enclosures c:file - i t San Joaquin:;Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September, 2002 i (Update from June 2002) Fugitive Dust Control at Construction Sites Regulation VIII, Fugitive-PM10 Prohibitions, of the District's Rules alld1!Regulations regulates activities that generate fugitive dust. Fugitive dust is emitted toithe air from open ground or caused-by.activities such as excavation, transporting bulk materials, or travel on unpaved surfaces. "PM 10' is a term applied to small sized particulate matter - microscopic dust particles - in the'air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this.reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May. 15, 2002. The following dust control and administrative req'uire'ments are applicable at construction sites: Visible Dust Emissions'(VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any!6me. Dust control may be achieved by means of applying water before and during earth work and on traffic areas,,phasing work to limit dust, and setting up wind fences to limit wind'blown.dust. VDE opacity of 20% means the amount of dust.that would obstruct the view off an object by 20%. Soil stabilization. Soil stabilization is required at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended: Applying water,to form a visible crust on the.soil is an effective method fori,stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative.cover. Restricting.vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and test methods are in Rule 8011 — General Requirements. I Carryout and Trackout. These requirements are found in Rule 8041 — Car ryouf and Trackout. Carryout and trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit�point onto a-paved road. The recommended clean- up methods include manually sweeping) sufficiently wetting the area prior to mechanical sweeping to limit VDE or usinga PM10 ,efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office I Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700"M"Street, Suite 275 Modesto, CA 95356-9321 Fresno. CA 93726-0244 Bakersfield, CA 93301-2370 (209).557-6400 ♦ FAX (209) 557-6475 (559)230-61000 ♦ FAX (559).230-6062 (661) 326-6900 + FAX(661) 326-6985 S Access and Haul Roads. Dust control is required on all unpaved access and haul roads, and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 — Construction, Demolition, Excavation, Extraction; and Other Earthmoving Activities. Storage Piles and Bulk Materials. The handling, storage, and transportation requirements for bulk materials are found in Rule 8031 — Bulk Materials. These requirements include: applying water as materials are handled, stabilizing or covering stored materials, and installing wind barriers to limit VDE: Limiting vehicle speed, loading haul trucks with a freeboard six inches or greater, covering haul trucks, or applying water to the top of the load are options for reducing VDE from vehicle transportation of bulk materials. Demolition. Wetting of the exterior of a building to be demolished is required. Demolition debris and the area around.the demolition must also be controlled to limit VDE. Cleaning up carryout and trackout must be completed according to Rule 8041. Demolition activities are also subject to the District's asbestos rule, Rule 4002 —National Emission Standards for Hazardous Air Pollutants. Dust Control Plans. For large construction projects, Rule 8021 requires the owner or contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to commencing construction activities. This requirement applies to projects that include 40 or more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per day of material on at,least.three.days during the project. Record.keeping., All sites subject to the regulation that employ dust control measures must keep records for each day any dust controls are used. The District has developed record keeping forms for water application, street sweeping, and for "permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Pursuant to Rule 8011, records must be kept for one year after the end of dust generating activities... Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation VIII requirements. The following exemptions in Rule 8021 apply to construction activities: • Blasting activities • Maintenance and remodeling of.existing buildings if the addition is less than 50% of the size of the existing building or 10,000 square feet. These activities, however, are subject to the District's asbestos rule, Rule 4002. • Additions to single family dwellings • Mowing, disking or other weed control on sites less than % acre. Nuisance. 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O r , 1 SANGER UNIFIED SCHOOL .IDISTRICT 1905 7th STREET•SANGER,CAUFORNIA 93657•(559)875-6521/237-3171 FAX 875-0311 ASSOCIATE SUPERINTENDENTS Michael Giovannetti,Ed.D.,•Marc Johnson•U4d Kuhn lose June 28, 2004 U_t n�D Shelby Chamberlain JUN 21 2004 City of Fresno, Planning&Development Department Planning Division 2600 Fresno Street, Third Floor Development Department Fresno, CA 93721-3604 CITY OF FRESNO RE: Vesting Tentative Tract 5248 Dear Shelby: In response to the request for comments on the referenced project,_the District ;submits the following information: Schools that presently serve the proposed project are Lone Star School (K-6), Washington Academic Middle School (7-8), and Sanger High School (9-12). Please be advised that with the District's increasing enrollment, there is no guarantee that students generated by the project'will be served by the listed schools. If a school is overcrowded at one or more grade levels, student's who would otherwise attend that school may be transferred to another school. . In accordance with Section 65995(b)of the California Government Code,the maximum development fees that a school can charge are currently $2.14 per square foot for residential development. The current fee. of$2.14 per square for residential development is not sufficient to cover the.Ul cdst of providing school facilities to students from new residential development. The fee will be increased effective August 23, 2004 to$2.24 per square foot for residential development. For the construction of new facilities,the District must seek funding from the State of California Office of Public School Construction. Funding is based on the District's eligibility status at the time of application and is dependent upon the availability of State Building Funds.. If you have any questions please feel free to contact me at(559) 875-6521. Sincerely, ' 1 Richard Sepulveda i Director of Support Services i "A Tradition of Exceffence-' I Trustees: Pete Flippi Jim Gonzalez Paul Hernandez Jirt Karle Ken Marcantonio Steve Mulligan Jesse Vasquez I INITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C=04-148 .Page 9 August 11, 2004 street-standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference) utilized macro-level traffic analysis techniques to examine the traffic flow level of service(LOS)for major street segments that would occur in the year 2025. This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables, which are an accepted national tabular standard of the Highway Capacity Manual (HCM) methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay) to an LOS of F (reflecting a very high traffic volume with substantial congestion and travel delay). Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report (MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of,the Council of Fresno County Council of Governments (COG) to.project average daily vehicle trip (ADT) volumes on major.streets. With development of the project.site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 12,060± on Sunnyside Avenue, 9,430± on Fowler Avenue, 10,030± on Church Avenue and 51,210± on Jensen Avenue can be anticipated.. With anticipated improvements completed by the development of planned land uses as required by city standards and policies, these streets are.expected to ultimately function with a level of service (LOS) of C or D throughout the surrounding area. In accordance with the Master Environmental Impact Report(MEIR No. 10130) prepared for the adoption of the 2025 Fresno General Plan, a traffic analysis was prepared for the proposed project. The study was prepared by TPG Consulting and was.submitted.in a report dated September 2004. The.study analyzed 18 intersections in addition to street segments to determine the project's impacts on the existing and future road network. The proposed development of 424 single family residences on 1.17 acres of the project site and 19 acres of multiple family residential uses can be expected to generate an average.of 6,101 vehicle trips per day(VTD). It is further projected that 473.of these trips will occur during the morning (7:00.to 9:00 a.m.).peak hour travel period.and 617 will occur during the evening.(4:00 to 6:00 p.m.) period hour travel period. If the site were developed as it is currently planned, with 12 acres of neighborhood commercial uses(assuming 25% build-out or 130,680 square feet of building area)the total vehicle trips per day would be 5,60.8. The total vehicle trips per day for the proposed residential units is 7.82. The proposed plan amendment will result in a 86% decrease in the amount of traffic projected to be generated by the portion of the project site affected by the proposed plan amendment. A substantial portion of the peak hour vehicle trips are expected.to utilize mainly Fowler Avenue and, to a limited extent Sunnyside Avenue, to the north and south of the project site., and Jensen and Church Avenues to the west and east. Because some of the immediately surrounding 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, development of the project site will be subject to the payment of all applicable development fees including updated, or new,. urban growth management fees. The project is also subject to the payment of fees and/or construction of facilities in accordance with the.traffic analysis prepared for the project by TPG Consulting. - i CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ' SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. C-04-148 September 8, 2004 PART A- PROJECT INFORMATION 1. Assessor's Parcel No. 316-022-19 2. Job Address: NA Street Location: Southeast.corner of East Church and South Sunnyside Avenues 3. Existing/Proposed Zoning: AE-5/UGM,(Exclusive Five Acre Agriculture/Urban Growth Management) to R-1/UGM (Single Family Residential/Urba.h Growth Management) and R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) 4. Project Description: A 424-lot non-clustered single family residential planned development project with.reduced front yard setback for a portion of lots throughout the entire subdivision. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Director., on'September 8, 2004, approved the special permit application subject to the.enclosed list of conditions and Conditional Use Permit Application No. C-04-148 Exhibits A=1, A-2,, A-3, A-4, A-S, and A-61,all dated June 16, 2004. IMPORTANT: PLEASE.READ CAREFULLY: Please note thatthis project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment:essential to mitigate .adverse effects.on the.environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety,and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed!in the last section of this list of conditions under the heading "Part F-Miscellaneous"and may be appealed.,'All code requirements, however, are mandatory and may only be modified by variance, provided the findings;pursuant to Fresno Municipal Code';Section 12-405.A can be made. - Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized:representative, .architect; engineer, or. designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. ' All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all, of the preceding which are located on adjoining property and may encroach on the subject property; f Conditions of Approval Conditional Use Permit No. C-04-148 Page 2 September 8, 2004 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining_property zoned or planned for residential use. Approval of this special permit may become null and void. in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance,and all Public Works'Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated June 16, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete,the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses.to the Planning Division, Project Evaluation Section, for final review and approval, ten days before applying for building permits. Copies.of this final approved,site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site.plan must also include all.corrections identified in the plan check process Be.advised that on-site inspections will not be authorized unless the final, stamped. approved. site plan, elevations, landscape, aryl irrigation plans are included.in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies.of the stamped, corrected, approved exhibits in the plan check sets.. Call Shelby.Chamberlain at 559/621-8042. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section.66020(d)(1),the imposition of fees,dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90.days after the date of the imposition.of the fees, dedications, reservation or exactions.imposed on:the development project. This notice does not apply to those fees,dedications, reservationsor exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section.66020(d)(1) in effect before.January.l, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the.e.xhibits submitted. Requirements not addressed due to omission or Conditions of Approval .. Conditional Use Permit No. C-04-148 Page 3 September 8, 2004 misrepresentation of information, for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to ded.ications,:street improvements or off-street parking.geometrics may.be directed.to Louise Monroe at 559/621 ,6678 and. questions.relative to utility connection charges and Urban Growth Management.fees maybe directed to Daniet Wichman at 559/621-8045 of the' Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off.-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs (e g. "Entrance," "Exit," "Right Turn Only," "One Way,"handicap signs, etc.)as determined!by the City Traffic Engineer. C.. ..Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-34, P-35 & P-36 and incorporated into the site drainage plan. Site drainage.to alleys requires approval by;the.City Engineer. A site drainage plan is required to be reviewed and approved by the'Planning and Development Department, Building & Safety Services Division prior to the commencement of work. . i PART.D -.PLANNIN.G/ZONING REQUIREMENTS PLANNING 1 Development is subject.to the following plans and policies: • Roosevelt Community Plan • Medium Density Residential Land Use ZONING 2. Development is in accordance with proposed. R-1/UGM zoning. POPULATION DENSITY (Residential Proiects) 3. The proposed.density is approximately 3.5 dwelling units per acre. BUILDING HEIGHT 4. The maximum allowable buildinghei ght.is 30 feet. The.proposal is within the required height. EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing I. additional living or floor space. Submit ale tter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK LOT DIMENSIONS OPEN SPACES AND LANDSCAPING i 5. All proposed lots of Vesting.Tentative Tract No. 5248/UGM, dated June 21,!2004, may have reduced front yard setbacks (up to 15-foot front yard setback is allowed) to accommodate a side-on garage/bonus room as shown in Exhibits A-1, A-2, A-3, A-4, A-5 and A-6 all dated June 16, 2004. Conditions of Approval Conditional Use Permit No. C-04-148 Page 4 September 8, 2004 6. Provide the following minimum landscaped areas: a. 15-20 feet front yards (R-1). b, Corner cut-off area of all reverse corner lots (Lots 71 and 290) c. Planter/park strip located in public street right-of-way, between the curb and sidewalk,along the front and side yards of lots d. 20 feet along southerly boundary of tract, alo.ng East Jensen Avenue e. 15 feet along South Sunnyside and East Church Avenues No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks.or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping.or such other means as may be approved: 7. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) FENCES, HEDGES; AND WALLS 8. Walls and gates shall be in compliance with Vesting Tentative Tract Map No. T-5248/UGM and Conditional Use Permit Application No. C-04-148 Exhibit A, dated June 16, 2004. 9. Temporary fences to•secure projects under construction.are allowed. Any temporary fence shall.be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by.the general public. The construction shall be performed in such•a manner as to minimize any potential safety hazard which.rnay.occur as a result of improper fence installation or damage to the fence. ACCESS 10. Vehicular and pedestrian.access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract.Map No,,T-5.248/UGM dated September 15, 2004. COVENANTS AND AGREEMENTS (Unless otherwise noted,all covenants or agreements will be.prepared upon receipt ofthe fee indicated below. Covenants.must be approved.by the City Attorney's Office prior to issuance of building permits.) 11: 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.shali 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 Vesting Tentative Tract No. 5248LUGM. Conditions of Approval F Conditional Use Permit No. C-04-148 Page 5 September 8, 2004 OUTDOOR ADVERTISING 12. Signs,other than directional signs, if applicable are not approved.for installation as partof this special permit..Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) - ' PART E - CITY AND OTHER SERVICES . PART F - MISCELLANEOUS 13: Approval .of this site plan is contingent upon the submittal of corrected site plans 'showing all existing/proposed on-site conditions as reflected on.all exhibits and the'following: 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. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(Phone:805/644- 2289) 05/6442289) 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. If.animal fossils are uncovered; the Museum of.Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of, recognizedpaleontologists. An assessment shall be conducted by a paleontologist and;if the paleontologist.determines the material to be significant,it shall be preserved. All discretionary conditions .of approval.will ultimately be deemed mandatory unless appealed in Writing to thePlanning and Development Department Director within 15.days. K:\Master Files-2003\-PLAN.AMENDMENTS\A-03-18,R-03-79,C-0.4-14a,T-.5248-SAC\C-04-148-COA.wpd i i . I i I I AUG.11.2004 4:00PM CAL TRANS PLANNING N0.415 P.2i4 CTn•rF QF t'AT_TFO Nia—Fit1�TNF_SS SPDRTATt0N AND 1O7J.STNG AGENCY D 5C1�7r,5 ('it:L-R fiovemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-,7616 PHONE (559)445-6666 FAX (559)488-4088 en6rS rrr icign l Be enemy efficient( TTY (559)488-4066 January 30,2004 2131-IGR/CEQA 6-FRE-180-64.4+/- A-03-18 -FRE-180-64.4+hA-03^18 &R-03-79 LONESTAR PROPERTY Mr. David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglich: We have completed our review of the plan amendment and-rezone for the proposed s' le- family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and the.East Church Alignment. Caltrans has the following comments: It is estimated that this development could generate approximately 603 trips during peak PM travel .times. Some of these generated trips would impact the State Route (SR) 180 interchange at Fowler Avenue and the SR 99 interchange at Jensen Avenue-However, the project application contains insufficient information-to make a conclusive determination on the impacts of this project to the transportation/circulation systema 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. The segment of SR 180 between Clovis and Temperance Avenues is scheduled to begin construction in 2004. This project, in and of itself will not have a. significant impact on this interchange. However,the City should be aware that continued land use changes have the.potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR,the City should consider a mechanism for evaluating these impacts. Due to.land use changes approved by the City of Fresno for the area east of SR 99 between Church and Jensen Avenues, the SR.99 interchange at Jensen will reach its capacity as traffic generated by approved development impacts this interchange. Caltrans projects that the signalized intersection at the northbound off-ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development in the area. "Caltrans improves moWliry across Calljornia" AUG-11.2004 4:00PM CAL TRANS PLANNING N0.415 P.3/4 Mr. David Stiglich January 30, 2004 Page 2 It is Caltrans' understanding that the 2025 General Plan MEIR requies 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? The.City should consider a transit alternative for this project. The project is of sufficient. size to support transit, and early planning could make such an 'alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAQ staff for their review and comment. Please see Attachment Number 1 for!other recommended transportation alternatives. .We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public `vvith'a.complete and accurate environmental evaluation for the project: Please send a copy of the staff report(s) to Caltrans prior to any scheoiiled hearings for this item. If you have any questions,please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Croodwin, Council of Fresno County Governments -Caltrans tmprovef mob'diry acrors C';hf "rnia" I AUG.11.2004 , 4.8©PM CAL TRANS PLANNING N0.415 P.4i4 ATTACHMENT NUMBER 1 , CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following_ 1. Park and ride facilities on site.or withim the proximity of this project Z. A study of the general accornmodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3_ Exploring the potential of commuter shuttles_ The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters- -who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. AUG- 11-2004 4:00PM CAL TRANS PLANNING N0.415 P.1/4 nio0 CAL��[��1T�'�cc roewt� TATfnr1AT7[� Trct*1CACENCY ARNOLDSCH9IARZ&ARirGFR GOtmo f DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 Flez your pawed PHONE (559)445-6666 FAX (559)4BB-4088 Be energy cl1kienrl TTY (559)48S-4066 AUG 1 2 2004 Planning Division August 11, 2004 Deveioprnent Depa►tment CITY CSF PrFi�!G 2131-IGR/CEQA 6-FRE-180-64.4+/- A-03-18,R-03-79, T-5248 & 604-148 Mr.David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street i Fresno, CA 93721 Dear Mr. Stiglich: Caltrans notes that on August 11, 20041,the City published a "Notice of Environmental Finding" for the above-named project. Caltrans made comments on the plan amendment and rezone in a letter dated January 30, 2004 (copy enclosed). It is our understanding that this project is scheduled to go before the Planning Commission on September 1,2004, Please ensure that our letter is included in the staff report. The published notice mentions a Vesting Tentative Tract Map and.Conditional Use Permit. Caltrans was not provided with an opportunity to review either the map or the use permit. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in 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! p i Please send a copy of the stag report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at(559).445-6666. Sincerely, { MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms.Barbara Goodwin, Council of Fresno County Governments "Caltrans Improves mobili{y across California" I I f AUG.26.2004 9:52AM CAL TRANS PLANNING N0.595 P.1i3 2 aTE OF CALWORN1A n1Q.q Nf,SS TRANCP TA QN&M JL( M AGENCY ARNOLD S(' AR7Q1MrnFR 00ye m DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 F FAX (559)488-4088 He eA your ! ient TTY (559)488-4066 ergyIcieet! a ADD`EDD August 26, 2004 AUG 2 6 Z00� Planning®ivision 2131,IGR/CEQA ,Ment Department 6-FRE-1 SO-64.4+/- Deveto,. FR . Fn riTY r A-03-18 & R-03-79 LONESTAR PROPERTY TRIP TRACE Mr..David Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street Fresno, CA 93721 Dear Mr. Stiglieh: We have completed our review of the trip trace for the proposed single-family residential and commercial development bounded by South Sunnyside, East Jensen, South Fowler and the East Cburch Alignment. Caltrans has the following comments: It is estimated that this development would likely. generate approximately 1,500 trips during the peak evening travel times. It is further estimated that approximately 20% of these trips (300 trips) would impact the State Route (SR) 99/Jensen Avenue interchange. When.conducting the Traffic Impact Study (TIS) to assess the project-related impacts, please reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002. Due to land use changes east of SR 99 between Church and Jensen Avenues, the SR 99 interchange at Jensen-Avenue will reach its capacity as development continues to impact this interchange, Caltrans projects that the signalized intersection at the northbound off- ramp to Jensen Avenue will likely need improvements in the future in order to serve the new industrial development.in the area. The Council of Fresno County.Governments' interchange deficiency study should determine what improvements will be needed at this interchange. The segment of SR 180 between Clovis and Temperance Avenues is scheduled to begin construction in 2004. This project, in and of itself, will not have a significant impact on this interchange. However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts to these resources were not addressed in the General "Caltrans improyes moblllry across Callrornia" AUG.26.2004 9:52AM CAL TRANS PLANNING N0.595 P.2i3 i Mr. David Stiglich August 26, 2004 Page 2 Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. 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 ani ;alternative feasible. Caltrans recommends that this project be routed to Fresno Area Ex�xess (FAX) staff for their review and comment. Please' see Attachment. Number 1 for !other recommended transportation alternatives. We request that this letter be made apart of the permanent record forlthis 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.' Please send a copy of the staff report(s) to Caltrans prior toany scheduled hearings for this item. If you have any questions,please call me at(559) 445-6666. Sincerely, wo MOSES STITES Office of.Transportation Planning District 6 Enclosure C; Ms, Barbara Goodwin, Council of Fresno County Governments i "Colr.Qvs Improves moblllly across California" ., AUG.26.2004 9:52AM CAL TRANS PLANNING N0.595 --P 3i3- --- ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City.of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project Z. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parldng lot. and be , shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections.. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. .4. Providing for.continuity of non-motorized transportation, 5. Exploring - the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. I � i - � CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study is on file in the Planning and Environmental Development Department, City Hall Assessment Number: ?004 AUG I I AM 9' 48 2600 Fresno Street, Fresno, California 93721 A-03-18/R-03-79/ 559 621-8277 C-04-148/T-5248 CITY CLERK. FRESNO C; APPLICANT: Sunnyside Partners, LLC Assessor's. 1396 West Herndon Avenue Parcel Number: Fresno, California 93711 316-022-19 PROJECT DESCRIPTION AND LOCATION:Granville Homes has filed applications Filedl with: pertaining to approximately 136 acres of property bound by,East Church, East Jensen, REBECCA E. KLISCH, City Clerk South Fowler and South Sunnyside Avenues. Plan Amendment Application Nd,A-03-18 2nd Floor-City Hall proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan , 2600,Fresno Street pertaining to approximately 22 acres of the project site from the community commercial Fresno, California 93721-3603 (12 acres), medium high density residential(5 acres)and medium density residential(5 acres)planned land use designations to the medium density residential (17 acres)and medium high density residential(5 acres)land use designations. The plan amendment application also proposes to delete the equestrian portion of the multi-use trail along East Jensen Avenue,between South Fowler and South Clovis Avenues. Rezone Application No. R-03-79 proposes to rezone the subject site from the AE-5/UGM.(Exclusive Five Acre Agricultural/Urban .Growth Management) zone district to the R-1%UGM (Single Family Residential/Urban Growth Management)zone district for 117 acres and to the R- 2/UGM (Low Density.Multiple Family Residential/Urban Growth Management) zone district for 19 acres. Vesting Tentative Tract Map No. T-5248/UGM proposes to subdivide the westerly 1'17-acre portion of the site into a 424-lot single family residential subdivision with 1.remainder,parcel and 2 outlots. .Conditional Use Permit Application No. C-04-148 proposes to allow the subdivision to have reduced front-yard setbacks to allow for"swing ara es".which may also be used forrhabitable space. { 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. i. Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a categorywhich is of sufficient magnitude to be of concern. Such an'effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project: Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment; The incremental effect contributed by this project toward such a cuimulative 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 forwhich 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: August 11, 2004 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT j j ' j CITY OF FRESNO. PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. A-03-18/R-03-79/T-5248/C-04-148 PROJECT DESCRIPTION Plan Amendment Application No. A-03-18 proposes to amend the 2025 Fresno General Plan and Roosevelt Community Plan pertaining to approximately 22 acres of the approximately 136 acre project site, located at the southwest corner of South Fowler and East Church Avenues,from the community commercial(12 acres),medium high density residential (5 acres) and medium density residential(5 acres) planned land use designations to the medium density residential (17 acres)and medium high density residential (5 acres) land use designations. The plan amendment application also proposes to delete the equestrian portion of the multi-use trail along East Jensen Avenue, between South Fowler and South Clovis Avenues. Rezone Application No. R-03-79 is a proposal to rezone the subject property from the AE=5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district for 117 acres, to the R-2/UGM (Low Density Multiple Family.Residential/Urban.Growth Management)zone district for 19 acres. Vesting Tentative Tract Map:-No.T-5248/UGM proposes to subdivide the westerly 117-acre portion of the site into a 424-lot single family residential subdivision with 1 remainder parcel and 2 outlots. Conditional Use Permit Application No. C-04-148., if approved, would authorize,a residential planned development which will allow the residential subdivision to be developed with design modifications including reduced front-yard setbacks on selected 'lots to facilitate the use of side .entrance garages and other alternative building designs. Bordering Property Information Planned Land Use Existing Zoning Existing Use North Medium Low Density R-1/UGM Single Family Residential Residential Single Family Residential/ (Soon to be under. Urban Growth.Management construction) South Light Industrial AE-20 Agriculture " Twenty Acre Agriculture, Fresno County East Medium-Density Residential AL-20 Rural Residential] Limited Twenty Acre Agriculture, Agriculture Community Commercial Fresno County Wes# Medium and.Medium-Low R-1/UGM Single Family Residential . Density Residential Single Family Residential Urban Growth Management The project area is located within the southeasterly portion.of the City of Fresno's..adopted Sphere of Influence and Urban Boundary area, and is currently planned for community commercial, medium high density residential and medium density residential planned land uses by the Roosevelt Community Plan, updated in 2002, and the 2025 Fresno General Plan,adopted in 2002. i INITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 2 August 11, 2004 . i Environmental documents for previous plan actions include Final EIR No. 10130 (12025 Fresno General Plan). Additional environmental documents have been certified for major public facilities)to accommodate population growth and urban development including. Final EIR No. .10118 (Fresno/Clovis Regional.Wastewater Treatment and Reclamation Facility Capacity Expansion);and Final EIR No. SCH. 9502202!91(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. Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. The proposed project has been evaluated with respect to the provisions of the adopted 2025 Fresno General Plan(City Council Resolution No. 2002-379) and the corresponding potential adverse environmental .impacts, adopted environmental impact mitigation measures and determinations 'of overriding considerations established by the certification of the related Master Environmental Impact Report(MEIR)No. 10130(City Council Resolution No. 2002-378). The proposed project, which includes an amendment of the adopted 2025 Fresno General Plan, has been determined to not be fully within the scope of MEIR'A6. 10130 as provided by the California.Environmental Quality Act(CEQA),as codified in the Public Resources Code(PRC)Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Based upon an analysis of the project, as summarized in the following environmental assessment initial study, it has been determined that 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. However, these potential impacts.have been determined to.be equivalent to or.less than.those adverse impacts identified by MEIR No. 10130. It has been further determined that all applicable mitigation measures of MEIR No..10130 hay.e been applied to the project, tog ether.with project specific mitigation measures necessary to assure that the project.will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 as, provided by.CEQA Section 15178(a). Therefore, it has been determined that.the.filing of a mitigated negative declaration is appropriate in.accordance with the provisions of CEQA Section.2.1157.5(a)(2) and .CEQA.Guidelines Section .15178(b)(1) and(2). Master Environmental. Impact Report. No. 101`30 examined the potential adverse environmental impacts of implementation of the.2025 Fresno General Plan„which provides plans and policies to.accommodate projected population and employment growth through.the year.2025.. The City of Fresno has determined that specific economic, legal, social, technological and,other.considerations related to the implementation of the 2025 General Plan,outweigh the.unavoidable.adverse.environmental.effects identified in the Final MEIR,.including any effects not mitigated because of the infeasibility of,mitigation measures and that the identified adverse.environmental effects are considered acceptable. It has,been;determined that the proposed project will not contribute to the creation of environmental effects as compared to the development of the planned uses which were analyzed by the.2025 MEIR. The following,impacts were identified by City Council Resolution No. 2002-378 certifying Final MEIR No. 10130 (2025 Fresno General Plan Update) as significant but mitigable effects: 1. Impact on Water Supply, Quality and Hydrology. 2. Increased Demand for Utilities and Service Systems. 3. Increased Demand for Public Services.. f 4. Increased.Demand for Recreational Services. 5. Loss of Biological Resources. 6. Potential Disturbance of Cultural.Resources. 7. Geology and Soils Impact.” 8. Increased Demand for Energy. 9. Potential Aesthetic Concerns. 1 INITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 3 August 11, 2004 In addition, Resolution No. 2002-378, also identifies the following unavoidable significant impacts and statement of overriding considerations for these impacts: 1. Transportation and Circulation-The vehicular traffic level of service (LOS) of E and F projected for segments of the Herndon Avenue Expressway and other identified major street segments are considered a significant and unavoidable adverse impact which cannot be completely mitigated. Furthermore, there are no reasonable mitigation measures available to only the City of Fresno which would reduce this impact to a less than significant level while allowing for the implementation of other appropriate alternative transportation facilities. 2.. Air Quality-The adverse air quality impacts associated with the myriad of activities associated with the long range general plan for the Fresno Metropolitan area can be expected to be significant.and unavoidable, and can not be completely mitigated. Furthermore,there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of air quality impacts to a less than significant level. In order to provide a suitable living environment within the metropolitan area, the plan strives to facilitate expanded economic growth that will support increased employment opportunities. 3.. ,Preservation of Agricultural Land-The conversion of agricultural land to urban uses within the planned boundary to accommodate the projected population and employment growth of the 2025 Fresno General Plan is a significant and unavoidable adverse impact,which can not be completely mitigated. Furthermore, there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of.impacts. upon agricultural land within the.planned urban.area to,a less than significant level, while also. allowing for prudently planned development. to..accommodate projected population- and employment growth. _ 4. Noise-.The innumerable activities.associated with.urban.Iiving environments.typically.generate noise that contribute.to the ambient noise levels that occur within the community, The:ME.IR.identifies numerous mitigation measures intended to reduce the impact of increased:noise upon sensitive land uses. The 2025 Fresno General. Plan, as the project, also specifies numerous general ,plan goals and implementing objectives and policies directed to reducing exposure to excessive noise levels. . However, sufficient mitigation measures are. not reasonably available only to the City of Fresno;. which would assure the reduction of noise impacts to less than a.significant level. In addition to MEIR No. 10130, other 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 Resources.Management Plan). ;.There environmental impact analyses and conclusions, together with supporting technical studies, further address the impacts of population growth and the necessary public facility .capacity expansion associated with.the urban development that-will,accommodate the growth projected by the::2025 Fresno General Plan. .To the extent that these referenced environmental impact analyses, conclusions, findings and mitigation measures are applicable to the subject project they are incorporated herein. by reference., pursuant to CEQA Guidelines Section 1.5150. 1.0-TOPOGRAPHIC, SOLL, 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 orsignificant 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. INITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 4 August 11, 2004 ti 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 Joaqun!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. Withrespect to the Fresno:area, the SJVAB has been classified as follows: Ozone. Recently reclassified from "severe nonattainment" to."extreme nonattainment" by the U S ,E.P.A. • 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. 'I • Sulfates. (No federal standard.) Classified "attainment" at the State level: I • Lead. (No federal standard.) Classified "attainment" at the State level. • H2S. (No federal.standard.) Unclassified by the State. • Visibility. (No federal.standard.) Unclassified by the State. In response.to the SJVAB's nonattainment status for Ozone (03) and particulate matter(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 qualityattainment plans that have been adopted by the SJVAPCD. On April'16, 2004, the EPA issued a final rule classifying the SJVAB as extreme non-attainment, effective May 17, 2004(69 FR 20550). Under this rulemaking,the SJVAB's attainment date is November 15, 2010. An Extreme Ozone Attainment Demonstration Plan '(OADP):.must be prepared which is a roadmap.that identifies emission reductions needed to attain the air quality standard by this date. According to the final rule reclassifying the SJVAB as extreme..nonattainment for thefederal 1-hour ozone.standard, the Extreme OADP.is due to the EPA on November 15, 2004. A Draft Extreme Ozone Attainment Demonstration Plan is'currently under review. i The principal components of an OADP consist of a.baseline emissions inventory,data!describing measured ozone levels in the atmosphere for.the area in question, descriptions of emissions controls that will reduce future emissions, a future emissions inventory that reflects decreases due to implementation of emissions controls as well as increases.due to increased population,and a description of the results.from a photochemical model relating emissions to ambient ozone levels and demonstrating attainment of the appropriate standard at a future date. In addition,this plan fulfills requirements of the California Clean Air Act regarding the development of'a triennial update and. California. Air Quality Attainment Plan revision that examines air pollutant exposure data, control measure'implemehtation, and otherair quality with emphasis on meeting California ambientairrquality standards. i INITJAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 5 August 11, 2004 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 2002 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,, (Particulates) and SOX (Sulfur Oxides) which are summarized below. URBEMIS 2002 AIR QUALITY IMPACTS** All data in.tons/year ROG NOX CO PM10 SOX Area Source Emissions 8.70 1.71 13.40 2.04 .0.05 Operational Emissions. 9.29 9.76 97.57 7.15 0.08 Totals 17.99 11.47 110.97 9.19 0.13 Level of Significance or 10 10 100 14.6 27.375 Requirements for Offset "Based on 424 single family dwelling units and 360 multiple family dwelling units The URBEMIS 2002 model projections indicate thaf the proposed project will not exceed the threshold limits for the Sulfur Oxides .or PM10, but it will minimally exceed the threshold for Reactive Organic Gasses, Nitrogen Oxides and Carbon Monoxide. This particular analysis included the prohibition'of wood burning devices. It also included the mitigation measures which are listed below. The Master Environmental Impact Report (MSIR No: 10130) 'adopted for the 2025 Fresno General Plan was prepared based"on land use designations, for this project area, of community commercial (20± acres), medium high density residential(20±acres)and medium density residential(100±acres). The plan amendment application is a.request to reduce the amount,of commercial uses planned uses for the subject site from 20 acres to 0 acres. This results in a .decrease. in the amount ,of .commercial building area that may have been constructed in accordancewith the 2025 Fresno. General Plan and in the amount of emissions predicted in the MEIR prepared for the adoption of the general plan. This area is now being proposed for single family residential development which creates asignificantly lower impact on the air, In addition, the amount of medium high density residential planned land uses will remain the same; it is only:the re-configuration of.the area which is.proposed at this time. Therefore, although the.plan.a.mendment was not anticipated as.a subsequent project under MEIR No. 10130, the development.:of the proposed project will create a.lesser impact on air,quality than the project that was anticipated by.the MSIR. 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.Vlll, 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. INITIAL STUDY Environmental,Assessment No. A-03-18/R-03-79/T-5248/C-04-148 ` Page 6. August X11, 2004 To provide continuous travel, bike lanes are also required on South Sunnyside, South Fowler and East Church Avenues. A bicycle/pedestrian trail will be constructed with this project on the north'sde of Jensen Avenue. Other mitigation measures in addition to the required bike lanes are required sidewalks andlpedestrian paths, pedestrian connections, lighting and other safety features for pedestrians and,cyclists,street lighting and appropriate signage and signalization that will promote pedestrian and other modes of transportation.I These will be implemented through the conditions of approval for any future subdivision map for single family residential development or for .any conditional use permit application for the multiple family residential portion of the project. _ r The 2025 Fresno General'Plan and the Roosevelt Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative ,transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicularmeans of transportation. -Neighborhood parks are 'acquired and developed with urban growth managementfees.,frequently located in conjunction with an elementary school site that facilitate related,academic, athletic, recreational, and other communityactivities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation, system. in order to serve developing .urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services: Mitigation Measures 1. . The proposed pr9Ject,sha1l implement and incorporate, as applicable, the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August.11, 2004. 2. Theproposed 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 August 11, 2004. 3.0-WATERJA-Insufficient Groundwater Available for Lonp-Term Project Use Fresno is one of the largest cities in the United States still relying entirely on groundwater for its.public water supply. While the,aquifer exceeds a depth of 300 feet and is. large enough to provide adequate quantities of safe drinking water.to the. metropolitan are,a..well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, as..w.ell as high consumptive use of water on aper capita basis.(267 gallons per day capita), have resulted in a decline in the total usable potable water supply. The .City.of Fresno is currently.implementing.a (number of strategies aimed at managing existing.groundwater resources, including location and construction.of,groundwater recharge facilities to purify and replenish the ground water; construction of a surface:water treatment and distribution facility; and routine testing of groundwater to identify contaminants and construct well head treatment facilities as necessary to remove contaminants from the groundwater. The City of Fresno Department of Public Utilities has confirmed that an adequate source of water is available to serve the proposed project. The;nearest public water mains (existing and proposed) are located in East Jensen, East Church and. South Sunnyside Avenues. Mitigation Measures 1: The :proposed project .shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. i l INITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 7 August 11, 2004 2. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures. as identified in the attached Master Environmental Impact Report No. 1.0130/2025 Fresno General Plan Mitigation Monitoring Checklist dated.August 11, 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 landscaping proposed on the.site will provide habitat for certain. species of birds and small animals suited for.an urban environment. 6.0—HUMAN HEALTH Aside from temporary dust generationduring construction, the project is not expected to have any.other impacts onhuman health. 7.0—NOISE The project site will be exposed to vehicle traffic noise due to its.location adjacent to a planned expressway, an arterial major street(South Fowler Avenue) and two planned collector major streets (South Sunnyside and East Church Avenues). 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. Jensen Avenue is expected to.function at an acceptable level. of service with ultimate construction of Jensen to a six- to.eight-lane facility by the year 2025.. 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. Collector streets are typically developed with two travel lanes in each direction, or one travel lane in each direction and a continuous center turn lane., and no median island..Collector streets.can accommodate average vehicle daily trips of 24,000. Projected daily traffic volumes on the.se;malor streets are.substantially less than these maximum:capacities for arterial and collector streets. 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-Buntin and Associates for the project found the noise levels to be substantial in a report dated April 16, 2004. , 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 sound attenuation wall, is 72.7 dB Ldn at a Location 60 feet from the center of the roadway...The study concludes that a 12-foot high wall is. required along Jensen and shall turn ,northward before gradually decreasing to,a 6-foot high wall along.the perimeter of the project.site., The solid.wall barrier would reduce the.exterior noise level to 60.6.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 appropriate, the noise.related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. 0 INITIAL STUDY t; 0 Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-1.48 Page 8 August 11, 2004 2. The proposed project shall implement: and incorporate, as appropriate the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130/2025 Fresno General Plan Mitigation Monitoring.Checklist dated August 11" 2004. 9.0—LAND USE The plan amendment application proposes to amend the 2025 Fresno General Plana{nd the Roosevelt Community Plan.pertaining to.approximately 22 acres of the approximately 136 acre project,site, located at the southwest corner of South.Fowler and East Church Avenues, from the community commercial (12 acres), medium high density residential (5 .acres) and medium. density.residential. (5 acres) .planned land use.designations to the medium density residential (17 acres)and medium high density residential acres) land use designations. The plan amendment application also proposes to delete the equestrian portion of the multi-use.trail along East Jensen Avenue, between.South Fowler and.South Clovis Avenues. The related rezone application proposes to rezone the subject property from the AE-5/UGM (Exclusive Five Acre Agriculture/Urban 'Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for 117 acres, to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district for 19 acres. Objective.0-9, of. the 202.5 Fresno General Plan states that the.city should "plan for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities.Housing patterns should support balanced urban growth,jand should make efficient use of resources and public facilities. The development of the entire project site, which includes single family residential lots of various sizes as well as a multiple-family.residential component, meets the goals of this policy. . The project will also be subject to the design standard.requirements for single family residential and multiple family residential developments noted. in Roosevelt Community._Plan All residential .development on the entire project site will be subject to the interface standards of the Roosevelt Community Plan. These will be implemented through any future conditional use permit application proposed for the medium high density residential portion of the proposed project. The proposed land uses are compatible with the applicable community and general plan goals, policies, and implementation measures intended to provide for the efficient uses 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 2025 Fresno General Plan Based on the: applicability of,adopted development standards, plan policies/implementation measures, .and applicable mitigation measures of the above-referenced environmental documents.; and with consideration of the proposed land use relationship,.and,recommended;neighborhood unifying design.principles,,it is concluded that the:proposed plan. amendment. will further promote the achievement of the. planned urban form and land use objectives of the 2025 Fresno General Plan and the Roosevelt Community Plan. 10.0-TRANSPORTATION AND CIRCULATION The development of the project site with up to 136 acres of single family and multiple;family residential uses; and thesurrounding planned urban,uses designated by the 2.025 Fresno General Plan and Roosevelt Community Plan, will be required to complete the.plan.n.ed major street network in accordance with applicable development policies and standards including the Urban Growth.Management program. East Jensen Avenue is a planned expressway, South Fowler Avenue'is a designated .arterial'tstreet and South Sunnyside and ;East Church Avenues. are designated collectorstreets by the general plan.; The city's public works development standards provide for the expressways to be developed with three to four travel lanes in each direction and arterial streets to be developed with two to three travel lanes in each direction; both should be separated by a median island to control left-turn and crossing vehicular movements. Collector streets are typically developed with'a total of two to four lanes without a median island although in some locations they may,have a continuous left-turn lane. All these major VITIAL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page. 9 August 11, 2004 street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein,by reference) utilized macro-level traffic'analysis techniques to examine the traffic flow level of service(LOS)for major street segments that would occur in the year2025. 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 (reflectinga very high traffic volume with substantial congestion and travel delay). Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan,Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The.traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report (MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments.(COG) to project average daily vehicle trip,(ADT) .volumes on major streets. With development of the.project site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 12,060± on Sunnyside Avenue, 9,430± on Fowler Avenue, 10,030± on Church Avenue.and 51.,210± on Jensen Avenue can be anticipated. With anticipated improvements-completed by the development of.planned land uses as .required.by city standards and policies, these streets are expected to ultimately function with a level of service (LOS)of C or D throughout the surrounding area. In accordance with the,Master Environmental Impact Report(MEIR No. 10130)prepared for the adoption of.the 2025 Fresno General Plan, a traffic analysis was prepared.for the proposed project. The study was prepared by TPG..Consulting.and was.submitted in a. report.dated September,2004. The study analyzed 18 intersections in addition to street segments to determine the project's impacts on the existing and future road network. The proposed.development of 424 single family residences on 117 acres of the.project site and 19 acres of multiple family residential uses can:be expected to generate an.average of 6,10:1 vehicle trips per day(VTD). .It is further projected that 473 of these trips will occur.during the morning(7:00 to 9:00 a.m.)peak.hour travel period.and 617 will.occur during the evening (4:00 to 6:00 p.m.) period hour travel period. If the site were.developed as it is currently planned, with.12 acres of neighborhood commercial uses (assuming 25%build-out or 130,680 square feet of building area)the total vehicle trips per day would be 5,608. The total vehicle trips per day for the proposed residential units is 782. The proposed plan amendment will result in a 86% decrease in the amount of traffic projected to be generated by the portion of the project site affected by the proposed plan amendment. A substantial.portion.of the peak hour.vehicle trips are expected to utilize mainly Fowler Avenue and,.to a limited extent Sunnyside Avenue, to the north and south of the project site, and Jensen and Church Avenues to the west and east. Because some of the immediately;surrounding 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 const ruct. the planned major street system consistent with the.public facilityand service delivery requirements of the,Urban Growth Management Program.. In addition, development of the project site will be subject to the payment of all applicable development fees including updated, or new, urban growth management fees. The project is,also subject to the payment of fees and/o.r construction of facilities in accordance with the traffic analysis prepared for the project by TPG Consulting. INITIAL STUDY i c Environmental Assessment No. A-03-18/R-03 79/T-5248/C-04-148 Page 10 August 11, 2004 i The California Departmentof Transportation(Caltrans), District 6,Office of Intergovernmental Relations has stated that the proposed project with affect state highway facilities, particularly the Freeway 99/Jensen Avenue interchange, in letters dated January 30, 2004; August 11, 2004 and August 26, 2004. They have expressed concern for growth in Fresno, because any growth increases the demand on the highway systems. 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 asl 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. 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, upon submittal ,and approval of a development plan, a portion of the subject site.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;,orla local street public improvement standard as determined by the Director. Every 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 significaritistreets through the Measure "C" local Xransportation.sales taxprogram. i These,and other.street.plans are the product of careful planning that projects.traffic capacity needs based on the densiti.es..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 Checklistdated August 11,2004. 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 g ng. Checklist dated August 1.1,.2004. Fresno.General:Plan Mitigation Monitor in SERVICES 1 , 11.1—AvailabilitY y of Fire Protection The project site is locatedwithin 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'. Fire service will be provided by Fresno County Fire Station Nos. 88 and 87, which are.located more,than:three miles away, City of.Fresno,.Fire.Station No..15 will be located at South Clovis Avenue and East Park Circle and is expected to ultimately serve the development. A conditional use permit.application for City of Fresno Fire Statio',n No: 15 has recently been approved and construction on the project has begun. Fire.sprinklers are required for all buildings constructed prior to the opening of City of Fresno Fire Station No. 15. I,NIT4AL STUDY Environmental Assessment No. A-03-18/R-03-79/T-5248/C-04-148 Page 11 August 11, 2004 11.6—Availability of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that adequate sanitary sewer service is available to serve the project.. The nearest public sanitary sewer mains to serve,this project are located in. South Sunnyside, South Fowler and East Church Avenues. Mitigation Measures 1.1 The proposed project shall ..implement and incorporate, as applicable, the sewer related mitigation measures as noted in'the attached Project Specific Monitoring Checklist dated August 11, 2004. 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. 10130-2.025 Fresno General Plan Mitigation Monitoring Checklist'dated August 11, 2004. 11.7—Availability of Storm Water Drainage Facilities On or Off Site in.order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of five or more acres of land. The property owner of this development site has been informed.of that requirement and of his, and any business owner's, responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55, No. 222, of the Federal Register. 14.0-HISTORICAL/ARCHAEO LOGICAL 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 archaeologicaland/or animal fossil material is encountered during project surveying,,grading,:excavating, or construction,"work shall top 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 Commissionshall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded; and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3 If animal fossils.are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists.. An assessment shall be conducted by a.paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. DETERMINATION Based upon these previous actionsand the applicability of adopted development standards, plan policies/ implementation measures,and applicable mitigation measures of the above-referenced e.nvironmental.documents, it concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. INITIAL STUDY { Environmental Assessment No. A-.03-18/R-03-79/T-5248/C-04-148 Page. 12 August 11, 2004 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 further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on thelenvironment. 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