HomeMy WebLinkAboutT-5259 - Conditions of Approval - 3/30/2005 ■
o
FILE COPYA
City of '
Planning and Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 488-1020
May 13, 2004 Please reply to:
Paul Bernal
(559) 621-8073
Rabe Engineer, Inc.
Attention: Fred N. Rabe
2021 North Gateway Boulevard
Fresno, California 93727
Dear Mr. Rabe:
SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO
CITY COUNCIL REGARDING REZONE APPLICATION NO. R-03-61 AND TENTATIVE
TRACT MAP NO. 5259 FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH
POLK AVENUE BETWEEN WEST ASHLAN AND WEST GETTYSBURG AVENUES.
(APN 311-604-16)
The Fresno City Council conducted a duly noticed public hearing on May 11, 2004, to consider Rezone
Application No. R-03-61. This application relates to the 3.7 acre site of residential property located on
the east side of North Polk Avenue between West Ashlan and West Gettysburg Avenues. Following a
full and complete hearing,the Council adopted Ordinance No. 2004-49, relating to the above application
as follows:
1. ADOPTED Ordinance Bill No. 2004-49 (enclosed)that rezones the 3.7 acre subject site
from the R-1-C/UGM, Single Family Residential/Urban Growth Management,zone district
to the R-1/UGM, Single Family Residential/Urban Growth Management, zone district.
The Fresno City Planning Commission previously conducted a duly noticed public hearing on April 7,
2004,to consider Rezone Application No.R-03-61 and Tentative Tract Map No.5259,and recommended
that the Council approve the rezone application. A Copy of the. Planning Commission Resolution No.
11999 and 12000 which are enclosed.
Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill, the rezone ordinance shall
become effective and in full force at 12:01 a.m., thirty-one days after its passage.
Please record this information for your future use as you will receive no further notice regarding these
applications. If you have any questions relating to this matter, please feel free to contact me.
Sincerely,
zING DIV ION
Paul Bernal
Planner II
Enclosures: Ordinance Bill No. 2004-49
Planning Commission Resolution Nos. 11999 and 12000
cc: Artel Farms, Inc.
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 11999
The Fresno City Planning Commission, at its regular meeting on April 21, 2004, adopted the following
resolution relating to Rezone Application No. R-03-61.
WHEREAS, Rezone Application No. R-03-61 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)
EXISTING ZONING: R-1-C/UGM (Single Family Residential/Urban Growth Management)
APPLICANT: Artel Farms, Inc.
PROPERTY LOCATION: 4274 North Polk Avenue: Located on the east side of North Polk
Avenue between West Ashlan and.West Gettysburg Avenues.
ASSESSOR'S PARCEL: 301-081-07S
LEGAL DESCRIPTION: From R-1-C to R-1:
The land referred to herein is situated in the State of California, County
of Fresno, City of Fresno, and is described as follows.
The portion of the South half of the Northwest quarter of the Southwest
quarter of Section 15, Township 13 South, Range 19 East, Mount
Diablo Base and Meridian, described as follows:
Beginning at the Southwest corner of said South half thence North
0008'32" East along the West line of said South half a distance of
661.74 feet; thence South 89054'18" east, along the North line of said
South half a distance of 266.44 feet; thence South 0007'13' West, a
distance of 661.86 feet to the South line of said South half thence North
89052'47" West, along the South line of said South half, a distance of
266.70 feet to the point of beginning.
WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to
allow for a proposed 12-lot single-family residential subdivision; and,
WHEREAS, the West Area Implementation Advisory Committee, on March 15, 2004, reviewed and
recommended approval of the rezone application; and,
WHEREAS, the Fresno City Planning Commission on April 21, 2004, reviewed the subject rezone
application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General
Plan; and,
WHEREAS, during the April 21, 2004, hearing the Commission received a staff report and related
information, environmental documents, and considered the requested zoning change.
Planning Commission Resolution No. 11999
Rezone Application No. R-03-61
April 21, 2004
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Rezone Application No.
R-03-61 may have a significant effect on the environment as identified by the Finding of Conformity to the
2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated March 17,2004,
prepared for Environmental Assessment No. R-03-61/T-5259.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City
Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management)zone district
be approved.
The forgoing Resolution was adopted by the Planning Commission upon a motion by Commissioner
Harrington, seconded by Commissioner Kissler
VOTING: Ayes - Harrington, Kissler, White, Brand
Noes - None
Not Voting - None
Absent - Brown, DiBuduo, Vang
DATED: April 21, 2004 teslution
OVINO, Secretary
y Planning Commission
No. 11999
RezoneApplication No. R-03-61
Filed by Artel Farms, Inc.
Action: Recommend Approval
KAMaster Files-20031'REZONEIR-03-061-Indianapolis and Polk—PB1R-03-061-PC Reso 3-17-04.wpd
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12000
The Fresno City Planning Commission at its regular meeting on April 21, 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, Tentative Tract Map No. 5259/UGM was filed with the City of Fresno and proposes to
subdivide the subject property into a 12-lot single family residential subdivision on 3.7 acres of land
located on the east side of North Polk Avenue between West Ashlan and West Gettysburg Avenues;
and,
WHEREAS, the West Area Implementation Advisory Committee, on March 15, 2004, reviewed and
recommended approval of the tentative tract map; 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 April 21, 2004; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on April 21, 2004, to
review the proposed subdivision and considered the staff report and invited testimony with respect to the
proposed subdivision.
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 Tentative Tract Map No.
5259/UGM may have a significant effect on the environment as identified by the Finding of Conformity
to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) issued on
March 17, 2004, prepared for Environmental Assessment No. R-03-61/T-5259.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
tentative tract map subject to Section 12-403-6 of the Fresno Municipal Code, is consistent with the
adopted 2025.Fresno General Plan and the West Area Community Plan and the findings required
pursuant to Section 66410 et. seq. of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative
Tract Map No. 5259 subject to the Planning and Development Department Conditions of Approval dated
April 21, 2004.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Harrington, seconded by Commissioner Kissler.
VOTING: Ayes - Harrington, Kissler, White, Brand
Noes - None
Not Voting - None
Absent - Brown, DiBuduo, Vang
DATED: April 21, 2004 NI P. YOVINO, Secretary
Fre no City Planning Commission
Re olution No. 12000
Vesting Tentative Tract Map No. 5259/UGM
Filed by Artel Farms, Inc.
Action: Approve
K:1Master Files-Tract Maps\Tract 5259 PB(R-03-61)1T-5259-PC Reso 12000.wpd
City of
IM
Planning and Development Department
2600 Fresno Street• Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 488-1020
May 13, 2004 Please reply to:
Paul Bernal
(559) 621-8073
Artel Farms
P. O. Box 25759
Fresno, California 93729-5759
Dear Applicant:
SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO
CITY COUNCIL REGARDING REZONE APPLICATION NO. R-03-61 AND TENTATIVE
TRACT MAP NO. 5259 FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH
POLK AVENUE BETWEEN WEST ASHLAN AND WEST GETTYSBURG AVENUES.
(APN 311-604-16)
The Fresno City Council conducted a duly noticed public hearing on May 11, 2004, to consider Rezone
Application No. R-03-61. This application relates to the 3.7 acre site of residential property located on
the east side of North Polk Avenue between West Ashlan and West Gettysburg Avenues. Following a
full and complete hearing,the Council adopted Ordinance No. 2004-49, relating to the above application
as follows:
1. ADOPTED Ordinance Bill No. 2004-49 (enclosed) that rezones the 3.7 acre subject site
from the R-1-C/UGM,Single Family Residential/Urban Growth Management,zone district
to the R-1/UGM, Single Family ResidentiallUrban Growth Management, zone district.
The Fresno City Planning Commission previously conducted a duly noticed public hearing on April 7,
2004,to consider Rezone Application No.R-03-61 and Tentative Tract Map No.5259,and recommended
that the Council approve the rezone application. A Copy of the Planning Commission Resolution No.
11999 and 12000 which are enclosed.
Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill, the rezone ordinance shall
become effective and in full force at 12:01 a.m., thirty-one days after its passage.
Please record this information for your future use as you will receive no further notice regarding these
applications. If you have any questions relating to this matter, please feel free to contact me.
Sincerely,
PLANNING D 'SION
40
Paul Bernal
Planner II
Enclosures: Ordinance Bill No. 2004-49
Planning Commission Resolution Nos. 11999 and 12000
cc: RASE Engineering, Inc
City of
ILlldl mAnIILE-%I/
v
Planning and Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 488-1020
May 13, 2004 Please reply to:
Paul Bernal
(559) 621-8073
Rabe Engineer, Inc.
Attention: Fred N. Rabe
2021 North Gateway Boulevard
Fresno, California 93727
Dear Mr. Rabe:
SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO
CITY COUNCIL REGARDING REZONE APPLICATION NO. R-03-61 AND TENTATIVE
TRACT MAP NO. 5259 FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH
POLK AVENUE BETWEEN WEST ASHLAN AND WEST GETTYSBURG AVENUES.
(APN 311-604-16)
The Fresno City Council conducted a duly noticed public hearing on May 11, 2004, to consider Rezone
Application No. R-03-61. This application relates to the 3.7 acre site of residential property located on
the east side of North Polk Avenue between West Ashlan and West Gettysburg Avenues. Following a
full and complete hearing,the Council adopted Ordinance No. 2004-49, relating to the above application
as follows:
1. ADOPTED Ordinance Bill No. 2004-49 (enclosed) that rezones the 3.7 acre subject site
from the R-1-C/UGM,Single Family Residential/Urban Growth Management,zone district
to the R-1/UGM, Single.Family Residential/Urban Growth Management, zone district.
The Fresno City Planning Commission previously conducted a duly noticed public hearing on April 7,
2004,to consider Rezone Application No. R-03-61 and Tentative Tract Map No.5259,and recommended
that the Council approve the rezone application. A Copy of the Planning Commission Resolution No.
11999 and 12000 which are enclosed.
Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill, the rezone ordinance shall
become effective and in full force at 12:01 a.m., thirty-one days after its passage.
Please record this information for your future use as you will receive no further notice regarding these
applications. If you have any questions relating to this matter, please feel free to contact me.
Sincerely,
ING DIV ION
Paul Bernal
Planner II
Enclosures: Ordinance Bill No. 2004-49
Planning Commission Resolution Nos. 11999 and 12000
cc: Artel Farms, Inc.
Recording Requested by:
City Clerk, Fresno, Califomia
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 Calhoun SECONDED BY Duncan
BILL NO. B-48
ORDINANCE NO. _ 9004=49
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-03-61 has been filed with the City of Fresno to rezone
property as described hereinbelow; and,
WHEREAS,the WestArea Community Plan Citizens Advisory Committee considered this application
at its meeting of March 15, 2004, and recommended approval; 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 21st day of April 2004, to consider
Rezone Application No. R-03-61 and related Environmental Assessment No. R-03-61/T-5259 during which
the Commission recommended to the Council of the City of Fresno approval of the subject rezone application
amending the City's Zoning Ordinance on real property described hereinbelow from the R-1-C/UGM(Single,!
Family Residential/Urban Growth Management) zone district to the R-1/UGM (Single Family
ResidentiallUrban Growth Management) zone district; and,
WHEREAS, the Council of the City of Fresno, on the 11th day of May, 2004, received the
recommendation of the Planning Commission.
,opid 5 / Q4
=tel l.�=
to
Ordinance Amending Official Zone Map
Rezone Application No. R-03-61
Page 2
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided, the adoption of the proposed rezoning is
in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment
that there is no substantial evidence in the record that the rezoning may have a significant effect on the
environment as identified by the Finding of Conformity to the 2025 Fresno General Master Environmental
Impact Report (MEIR No. 10130) dated March 17, 2004, prepared for Environmental Assessment No.
R-03-61/T-5259. Accordingly, Environmental Assessment No. R-03-61/T-5259 is hereby approved.
SECTION 2. The Council of the City of Fresno finds the requested R-1/UGM zone district is
consistent with the medium density residential plan land use designation of the 2025 Fresno General Plan
and West Area Community Plan as specified in Section 12-403-B of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the City of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from
the R-1-C/UGM (Single Family Residential/Urban Growth Management) zone district to the R-1/UGM
(Single Family Residential/Urban Growth Mangement) zone district:
The land referred to herein is situated in the State of California, County of Fresno,
City of Fresno, and is described as follows.
THE PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
SHOUTHWEST QUARTER OF SECTION 15,TOWNSHIP 13 SOUTH, RANGE 19 EAST,
MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF THENCE NORTH
0008'32" EAST ALONG THE WEST LINE OF SAID SOUTH HALF A DISTANCE OF 661.74
FEET; THENCE SOUTH 89°54'18"EAST,ALONG THE NORTH LINE OF SAID SOUTH HALF
A DISTANCE OF 266.44 FEET; THENCE SOUTH 0°07'13' WEST, A DISTANCE OF 661.86
FEET TO THE SOUTH LINE OF SAID SOUTH HALF THENCE NORTH 89052'47" WEST,
ALONG THE SOUTH LINE OF SAID SOUTH HALF, A DISTANCE OF 266.70 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.
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 Ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
11th day of May , 2004, by the following vote:
AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling
NOES: None
ABSENT: Castillo
ABSTAIN: None
REBECCA E. KLISCH
City Clerk
By
a
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Rezone Application No. R-03-61
Filed by Artel Farms, Inc.
Assessor's Parcel No. 311-640-16
I(Master Files-2003\'REZONE\R-03-061-Indianapolis and Polk—P&R-03-61 CC Ord.wpd
City of
REPORT TO T " PLANNING COMMISSION
rnll AGL JA ITEM NO. Vzzz-c
COMMISSION MEETING 4/21/04
April 21, 2004 APPROVED BY
FROM: STAFF, Planning Divisio DEPARTMENT DIRECTOR
Planning and Development ent
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-61, TENTATIVE TCT
MAP NO. 5259/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMEN L
ASSESSMENT NO. R-03-61/T-5259
EXECUTIVE SUMMARY
Rezone Application No. R-03-61 proposes to change the zone district of a 3.7-acre site(gross)from R-1-C/UGM
(Single Family Residential/Urban Growth Management) zone district to the R-1/UGM (Single Family j
ResidentiaUUrban Growth Management)zone district. The site is located on the east side of North PolkAvenue
between West Ashlan and West Gettysburg Avenues. The applicant,Artel Farms, Inc., has also filed Tentative
Tract Map No. 5259/UGM proposing to subdivide the subject property into a 12-lot single family residential
subdivision at an overall density of 3.4 units per acre. The applications will bring the zoning and uses for
the property into conformance with the 2025 Fresno General Plan and the West Area Community Plan.
PROJECT INFORMATION
PROJECT A 12-lot single family residential subdivision on approximately 3.7 acres
(gross) of property to be developed at an overall density of 3.4 units
per acre
APPLICANT Artel Farms, Inc. (Engineer: Rabe Engineering)
LOCATION East side of North Polk Avenue between West Ashlan and West
Gettysburg Avenues
(Council District 2, Councilmember Calhoun)
SITE SIZE 3.7 acres (gross)
LAND USE Existing -Vacant
Proposed - Single Family Residential
ZONING Existing - R-1-C/UGM (Single Family Residential/
Urban Growth Management)
Proposed - R-1/UGM (Single Family ResidentiaUUrban Growth
Management)
PLAN DESIGNATION Proposed R-1/UGM zone district and 12-lot single family residential
AND CONSISTENCY subdivision is consistent with the 2025 Fresno General Plan and West
Area Community Plan designation of the site for medium density
residential land use (4.99 to 10.37 units per acre) subject to
Section 12-403-B-2 of the Fresno Municipal Code
ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master
Environmental Impact Report (MEIR No. 10130) issued on March 17,
2004
REPORT TO THE PLANNING C(.WMISSION
Rezone Application No. R-03-61
Tentative Tract Map No. T-5259/UGM
April 21, 2004
Page 2
PLAN COMMITTEE The West Area Community Plan Citizens Advisory Committee
RECOMMENDATION unanimously recommended approval of the project at its meeting
of March 15, 2004.
STAFF RECOMMENDATION Recommend approval of rezone application and approve tentative
tract map subject to compliance with the Conditions of Approval for
T-5259/UGM dated April 21, 2004
BORDERING PROPERTY INFORMATION
........................._........
Planned Land,Use Existing Zoning Existing Use
North Medium Density Residential AE-5-UGM Rural Residential
Exclusive Five-Acre AgriculturallUrban
Growth Management
South Medium Density Residential AE-5-UGM Rural Residential
Exclusive Five-Acre Agricultural/Urban
Growth Management
East Medium Density Residential R-1-C-UGM Single Family Residential
Single Family Residential/Urban Growth
Management
West Medium Density Residential R-1-UGM/cz Single Family Residential
Single Family Residential/Urban Growth
Management/conditions of zoning
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. R-03-61/T-5259 considered potential
environmental impacts associated with the subject rezone and tentative tract map request. The study
indicates that the project, if approved,would conform to the land use designation and land use policies of the
2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130.
Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General
Plan Master Environmental Impact Report (MEIR No. 10130) dated March 17, 2004, which incorporates a
MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on
March 17, 2004, with no comments received to date.
BACKGROUND /ANALYSIS
The applicant, Artrel Farms, Inc., has filed Rezone Application No. R-03-61 and Tentative Tract Map
No. 5259/UGM, for 3.7 acres (gross) of property located on the east side of North Polk Avenue between
West Ashlan and West Gettysburg Avenues. The rezone application is requesting a zone change from the
R-1-C/UGM (Single Family ResidentiaUUrban Growth Management) zone district to the R-1/UGM (Single
Family ResidentiaUUrban Growth Management) zone district. Tentative Tract Map No. 5259/UGM is
proposing to subdivide the subject property into 12 single family residential lots for a density of 3.4 units per
acre.
REPORT TO THE PLANNING COw.,JIISSION
Rezone Application No. R-03-61
Tentative Tract Map No. T-5259/UGM
April 21, 2004
Page 3
On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno
General Plan which established the West Area Community Plan. The newly established community plan
designates the subject property for medium density residential land use (4.99 - 10.37 units per acre). The
applicant wishes to pursue development of the subject property with 12 single family homes at a density of
3.4 units per acre. Pursuant to the Fresno Municipal Code (FMC) a lowered density is allowed per Section
12-403-B-2-b-1 which allows a lower density than the plan designation of the subject site if the site is
developed with a density not less than the minimum density of the next lowest land use designation. The
density allowed at the next lowest land use designation (medium- low density residential) is 2.19-4.98, thus,
the proposed 3.4 dwelling units per acre for this site is allowed and is consistent with the planned land use
designation in accordance with Section 12-403-B-2-b-1 of the FMC. The requested R-1/UGM zone district
conforms to this medium density residential land use designation as indicated by the 2025 Fresno General
Plan's "Planned Land Use and Zone District Consistency Matrix."
Surrounding land uses are characterized by rural residential land uses to the north and south and single
family residences to the east and west. The traffic generated by this project can be accommodated by the
planned circulation system with street improvements completed by the project as required by development
standards, Urban Growth Management (UGM) Service Delivery policies and Master Environmental Impact
Report No. 10130 mitigation measures. Sewerand water infrastructure availability and service demands have
been verified by the Department of Public Utilities and have been placed in the Conditions of Approval for
Tentative Tract No. 5259/UGM dated April 21, 2004.
West Area Community Plan Citizens Advisory Committee
The West Area Community Plan Citizens Advisory Committee reviewed the proposed rezone and tract map
on March 15, 2004, and unanimously recommended approval.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The 2025 Fresno General Plan designates North Polk Avenue as an arterial street requiring an 105-foot
right-of-way width. The developer will be required to dedicate and construct improvements for North Polk
Avenue. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within
the limits of the tract; construction of an underground street lighting system; and relinquishment of access
rights to North Polk and West Indianapolis Avenues for all residential lots adjacent to these street frontages.
These street improvements are outlined in more detail in the Tentative Tract Map No. 5259/UGM Conditions
of Approval dated April 21, 2004.
Streets and Access Points
This subdivision is proposed to have two access points to North Polk Avenue. The subdivision also proposes
to extend West Indianapolis Avenue to North Polk Avenue. The Public Works Department, Transportation
Planning Section has reviewed the rezone 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.
California Department of Transportation (Caltrans)
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has
submitted the attached comments dated February 24, 2004, indicating that the proposed project in and of
itself is not expected to create significant impacts to the state highway system.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-03-61
Tentative Tract Map No. T-5259/UGM
April 21, 2004
Page 4
Landscaping/Walls
Given that the proposed subdivision abuts a planned arterial street, the developer will be required, in
accordance with the West Area Community Plan Policy No. W-3-b, to install 20 feet of landscaping along
North Polk Avenue and 15 feet of landscaping along West Indianapolis Avenue (Policy No. W-3-c). 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.
Lot Dimensions
The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of
the lots in the subdivision exceed the minimum lot size requirement. The subdivision map, based on the
required findings for approval and subject to the recommended conditions of approval,and the standards and
policies of the 2025 Fresno General Plan and West Area Community Plan, complies with applicable zoning,
subdivision, and UGM requirements. Therefore, staff recommends approval.
Tentative Tract Map Findings
The Subdivision Map Act(California Government Code Section 66400 et sequentes)requires that a proposed
subdivision not be approved unless the map, together with its design and improvements, is found to be
consistent with the General Plan and any applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2-5
below is made in the negative. In addition,State law requires that a subdivision be found to provide for future
passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below).
1. The proposed subdivision map,together with its design and improvements, is consistent with the City's
2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan
designates the site for medium density residential land uses and subject to Section 12-403-B of
the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for
development in this plan designation.
2. This site is physically suitable for the proposed type and density of development, because conditions
of approval will ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable
damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized
nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health and
safety problems because the conditions of approval have shown and will ensure that the subdivision
conforms with City health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site,
because conditions of approval will ensure noninterference with any existing or proposed public
easements.
REPORT TO THE PLANNING CO,.,,JIISSION
Rezone Application No. R-03-61
Tentative Tract Map No. T-5259/UGM
April 21, 2004
Page 5
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or
cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping
plant materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of project
approval, staff has determined that these findings can be made.
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Tentative Tract Map No. 5259/UGM dated
February 17, 2004, and the Conditions of Approval for T-5259/UGM dated April 21, 2004.
Action by the Planning Commission regarding the rezone application will be a recommendation to the City
Council. Planning Commission action of the proposed tentative tract map unless appealed to the Council,
is final.
CONCLUSION / RECOMMENDATION
Based upon staff's review and analysis of this request, it has been determined that Rezone Application
No. R-03-61 and Tentative Tract Map No. 5259/UGM can be found consistent with the planned land use.
Therefore, staff recommends that the Commission:
1. RECOMMEND APPROVAL to the City Council the environmental finding of Environmental Assessment
No. R-03-61/T-5259 that the project proposal conforms to the provisions of the 2025 Fresno General
Plan Master Environmental Impact Report (MEIR No. 10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-03-61 which proposes to
rezone the project site from the R-1-C/UGM (Single Family ResidentialAlrban Growth Management)
zone district to the R-1/UGM (Single Family ResidentiaUllrban Growth Management) zone district.
3. APPROVE Tentative Tract Map No. 5259/UGM subject to compliance with the Conditions of Approval
dated April 21, 2004.
K\CommonWlaster Files-Tract Maps\Tract 5259 PB(R-03-61)\PC Report-R-03-61-T-5259.wpd
Attachments: Vicinity Map
1999 Aerial Photograph of Site
Tentative Tract Map No. 5259/UGM dated February 17, 2004
Conditions of Approval for T-5259/UGM dated April 21, 2004, including letters from
Fresno Metropolitan Flood Control District (3/11/04), San Joaquin Valley Air Pollution
Control District(3/3/04), Parks Department(2/24/04),and Fresno Irrigation District(2/26/04)
Letters from Caltrans dated February 24, 2004
Environmental Assessment No. R-03-61/T-5259/Finding of Conformity to 2025
Fresno General Plan MEIR No. 10130 dated March 17, 2004
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
April 21, 2004
TENTATIVE TRACT MAP NO. 5259/UGM
East side of North Polk Avenue between West Ashlan Avenue and the
West Gettysburg Avenue Alignment
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. 5259/UGM entitled
"Exhibit A," dated February 17, 2004, the subdivider may prepare a Final Map in
accordance with the approved tentative map.
2. Submit grading plans and a soils report to the City of Fresno Planning and Development,
Department for verification prior to Final Map approval(Reference: Sections 12-1022 and
12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any
required walls and indicate the proposed width of required landscape easements or strips.
Approval of the grading plan is required prior to Final Map approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading,public sanitary sewer system, public water system,street lighting
system, public streets, and storm drainage, including other technical reports and
engineered plans as necessary to construct the required public improvements and work
and applicable processing fees.
Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
CONDITIONS OF APPROWkL
Tentative Tract No. 5259/UGM
April 21, 2004
Page 2
4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdividers cost and shall
be dedicated by separate instrument at the time of Final Map approval. The relocation of
existing utilities necessitated by the required public improvements shall be paid for by the
subdivider. The subdivider is responsible to contact the appropriate utility company for
information.
_ . Complywith the conditions,policies and standards setforth in the City of Fresno, Municipal
Code,Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No.68-187,"City
Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002
Edition, and any amendments thereto.
6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street
_.P 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
r of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete
all the public improvements prior to the approval of the Final Map by the City. If, at the
time of Final Map approval, any public improvements have not been completed and
accepted in accordance with the standards of the City, the subdivider may elect to enter
into an agreement with the City to thereafter guarantee the completion of the
improvements.
8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision
guarantee listing all parties having any right, title or interest and the nature of their interest
t per State law.
9. Relinquish access rights to North Polk Avenue and West Indianapolis Avenue from all
residential lots which abut these streets. Ref. Section 12-1011 of the Fresno Municipal
Code.
LANDSCAPING AND WALLS
10. Provide a 15-foot landscaped easement (and irrigation system) along the rear property
lines of lots which back onto West Indianapolis Avenue. Provide a 20-foot landscape
easement (and irrigation system) along the property lines of all lots which side onto
North Polk Avenue.
When the grading plan establishes a top of slope beyond the required landscape
easement noted and the construction of the required wall is to be established coincident
with the top of slope then the required minimum easement width shall be expanded to
include the full landscaped area up to the wall location.
CONDITIONS OF APPROVAL
Tentative Tract No. 5259/UGM
April 21, 2004
Page 3
11. Maintenance of the required landscape easements along North Polk and West
Indianapolis 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.
12. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District No.2, he/she shall be required to provide the City of Fresno, Department
of Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual landscaping maintenance assessment and that he/she is aware of the estimated
amount of the assessment.
13. 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.
14. ' Construct a 6-foot high solid masonry wall along the side property lines of all lots that abut
North Polk Avenue at finished grade of proposed site (solid wall to meet the requirements
of Section 12-306-H, Fresno Municipal Code).The wall shall continue along the rear of all
lots that back-onto West Indianapolis Avenue. Construction plans for required walls
showing architectural appearance and location of all walls shall be submitted to the
Planning and Development Department for review prior to FinalVap approval.
BUILDING SETBACKS
15. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions
of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit "A" of Tentative
Tract No. 5259/UGM dated February 17,2004,forthose lots abutting North Polkand West
Indianapolis Avenues. Proposed Lots 3-4 and 9-10 are key lots. The subdivider shall
provide a 10-foot side yard building setback on the key lot side of Lots 3-4 and 9-10
pursuant to Section 12-1011(f)(4) of the Fresno Municipal Code.
INFORMATION
16. Prior to the issuance of building permits for the subdivision, school construction fees shall
be paid to the Central Union School District in accordance with the school district's adopted
schedule of fees.
17. Contact the United States Postal Service, Fresno Office, for the location and type of
mailboxes to be installed in this subdivision.
n� 18. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
`--"`t----� 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.
CONDITIONS OF APPROVE„
Tentative Tract No. 5259/UGM
April 21, 2004
Page 4
19. The developer/owner shall obtain any and all permits required forthe removal or demolition
of any existing building or structure located within the subdivision boundaries. The
developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
20. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: 559-268-0109; after hours the contact phone number is
559-488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin,the Native American Heritage
Commission (phone number 916-653-4082) shall be immediately contacted, and the
California Archaeological Inventory/Southern San Joaquin Valley Information Center
(phone number 805-644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project,the site
shall be formally recorded, and recommendations made to the City as to any further site
investigation or site avoidance/preservation measures.
If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be
contacted to obtain a referral list of recognized paleontologists. An assessment shall be
conducted by a paleontologist; if the paleontologist determines the material to be
significant, a recommendation shall be made to the City as to any further site investigation
or preservation measures.
21. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment levied
under any State or local law, including a division into condominium interest as defined in
Section 783 of the Civil Code, the developer/owner shall file a written application with the
City of Fresno Director of Public Works, requesting apportionment of the unpaid portion
of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
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.
CONDITIONS OF APPROVAL "
Tentative Tract No. 5259/UGM
April 21, 2004
Page 5
The application shall be filed prior to the approval of the Final Map(s)by the City and shall
be accompanied by a fee in an amount specified in the Master Fee Resolution for each
separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to
be divided. The fee shall be in an amount sufficient to pay all costs of the City and the
Engineer of Work responsible for determining the initial assessment in making the
requested apportionment.
22. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality
Pollution Control District for the control of particulate matter and fugitive dust during
construction of this project.
23 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.
24. The subdivider shall obtain any and all permits required for the removal or demolition of
any building or structure located within the subdivision boundaries. The developer shall
also obtain any and all permits required for the closure of any septic tank, cesspool or
water well. All permits shall be obtained prior to commencement of such work, in
accordance with Chapter 13 of the Fresno Municipal Code.
PARK SERVICE
,'25. . The developer/owner shall comply with the requirements in the attached memorandum
77 from the Parks Division dated February 24, 2004, for Tentative Tract No. 5259/UGM.
Urban Growth Management Requirements
26. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time
1------ of final map approval. Fee payment may be deferred until time of building permit issuance
in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal
Code.
FIRE SERVICE
27. All lots are located within 1 mile from Fire Station No. 16.
28. Access is acceptable as shown. There shall be at least two points of access to the
subdivision during construction.
29. Provide residential hydrants and fire flows per Public Works Standards with two sources
of water.
CONDITIONS OF APPROVAL
Tentative Tract No. 5259/UGM
April 21, 2004
Page 6
Urban Growth Management Requirements
30. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time
of final map approval. Fee payment may be deferred until time of building permit issuance
in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal
Code.
SOLID WASTE SERVICE
f 1. 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 shall not block any vehicle accesses in accordance with the City of
Fresno's Solid Waste Management Division Standards.
10 32. As per the Fresno Municipal Code, Section 9-404 Solid Waste Disposal Regulations,
Section C-10, no solid waste container nor residential rubbish shall be allowed to remain
at the curbline after 8:00 p.m. on the collection day.
r _,t /33 There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste
service day. This pertains to any lot that is wholly or partially within a cul-de-sac.
34. Lots 2, 3, 4, and 5 on West Ashcroft Avenue and lots 8, 9, 10, and 11 on West Holland
Avenue shall be clear of all vehicles before 6:00 a.m. on service days.
STREETS AND RIGHTS-OF-WAY
35. 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.
36. 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 comers 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.
37. All of the required street improvements shall be constructed and/or installed in accordance
with the City of Fresno Standard Specifications (2002 Edition). All required signing.and
striping shall be done by, and paid for, by the developer/owner. Signing and striping plans
shall be prepared per current California Department of Transportation standards and shall
be submitted to the Transportation Section of the Public Works Department for review and
approval.
38. The subdivider shall install all existing and proposed utility systems underground in
accordance with Fresno Municipal Code Section 12-1011(H).
CONDITIONS OF APPROVAL
Tentative Tract No. 5259/UGM
April 21, 2004
Page 7
Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to
Public Works Standards for local streets. Height, type, spacing, etc., of standards and
luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and
88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map
approval. Upon completion of the work by the subdivider and acceptance of the work by
the City, the street lighting system shall be dedicated to the City. Submit engineered
construction plans to the Public Works Department for approval.
40. All dead-end streets created by this subdivision shall be properly barricaded in accordance
with City standards within seven days from the time the streets are surfaced or as directed
by the Engineer.
41. 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.
Major streets
North Polk Avenue (Arterial 4 Lane)
42. Dedicate 20 feet of property for public street purposes, within the limits of this
development to meet the current City of Fresno Arterial Standards, P-69.
43. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern within the limits of
this tract and transition paving as necessary.
44. Construct 20 feet of permanent paving along the.frontage within the limits of this tract.
45. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to Public Works Standard E-7 for
Divided Arterial Streets.
.� 46. Relinquish direct vehicular access rights to North Polk Avenue from all lots within this
tract.
West Indianapolis Avenue
47. Dedicate 27 feet of property for public street purposes within the limits of this
development to meet the City of Fresno's API-1 Standard.
48. Construct concrete,curb,gutter,and sidewalk to Public Works Standard API-1. Construct
sidewalk to a 7-foot residential pattern.
49. Construct 20 feet of permanent paving within the limits of this tract.
50. Mitigation: Dedicate 12 additional feet of property for public street purposes and
construct 12 additional feet of permanent paving within the limits of this tract.
CONDITIONS OF APPROVhL-
Tentative Tract No. 5259/UGM
April 21, 2004
Page 8
Interior streets
51. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-
sacs, and underground street lighting systems on all interior streets to Public Works
Standards. Sidewalk patterns shall comply with Public Works API Standards for 54-foot
streets.
52. Any dead-end streets created by this subdivision shall be properly barricaded in
accordance with the Public Works Standard P-44.
Specific Requirements
53. The intersection of:
a. North Polk and West Ashcroft Avenues shall be limited to right turns in and right turns
out, only.
b. North Polk and West Holland Avenues shall be limited to right turns in and right turns
out, only.
Urban Growth Management Requirements
54. This map is in UGM major street zone E-4; therefore, pay UGM Major Street fees at the
time of Final Map approval.
North Polk Avenue
55. The Urban Growth Management improvements are existing within North Polk Avenue.
SANITARY SEWER SERVICE
The nearest sanitary sewer main capable of servicing the project is an 8-inch sanitary sewer main
located in North Polk Avenue. Sanitary sewer service through the city's sewer system would
require the following prior to connection:
56. Extension of an 8-inch sewer main in West Indianapolis Avenue.
57. ' Sanitary sewer mains shall be extended within the proposed tract to provide sewer service
to each lot created.
58. All public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
59. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the sanitary sewer system.
Urban Growth Management Requirements
60. Sewer connection charges are due and shall be paid for the project.
CONDITIONS OF APPROVAL
Tentative Tract No. 5259/UGM
April 21,2004
Page 9
WATER SERVICE
The nearest City of Fresno water main capable of serving the project is an 14-inch main located
in North Polk Avenue. The following conditions are required to provide water service to the tract.
61. Extension of an 8-inch water main in West Indianapolis Avenue from the existing 8-inch
main west to North Polk Avenue.
62. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
63. Two separate points of connection to the public water system are required.
64. Two independent sources of water, meeting Federal and State Drinking Water Act
Standards,are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through any combination of water main
extensions, construction of supply wells, or other acceptable sources of water supply
approved by the Water Systems Manager.
65. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the city water system.
66. Water mains shall be extended within the proposed tract to provide water service to each
lot created.
67. Fire hydrants shall be installed within the limits of this tract.
Urban Growth Management Requirements
68. Payment for installation of water service(s) and/or meter(s) is required.
69. Payment for installation of public fire hydrant(s) is required.
70. Payment of appropriate water connection charges at the time of final map approval subject
to deferral to building permit issuance as appropriate.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
71. 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
tentative tract maps.
72. 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.
CONDITIONS OF APPROV�-
Tentative Tract No. 5259/UGM
April 21, 2004
Page 10
Right-of-Way Acquisition
73. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage,
signing, pole relocation, and shoulder-grading. In general, this will require right-of-way to
be provided approximately 10 feet outside the travel lane. The exact requirement must be
determined at the project design stage based on the existing conditions and detailed
design information.
In the event an acquisition of any easement or right-of-way is necessitated by the subject
development, said acquisition will be accomplished prior to Final Map approval. The
developer/owner should contact the Real Estate Section of the Public Works Department
to receive procedural guidance in such acquisitions.
Should such acquisition not be accomplished by the subdivider prior to Final Map approval,
the subdivider must request and grant to the City the full authority to attempt acquisition
either through negotiation or through its power of eminent domain. The subdivider shall
furnish to the City Public Works Department, Engineering Division/ Real Estate Section,
an appraisal report or a request for an estimated appraisal amount (to be determined by
the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement.
The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition, including staff time, attorney's fees,
appraisal fees, court costs, and all related expenditures and costs necessary to effect the
acquisition of such easements or rights-of-way.
FLOOD CONTROL AND DRAINAGE
74. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Fresno Municipal Code Chapter 13, Article 13.
75. The subdivider shall be required to comply with the specific requirements imposed by the
Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision or any amendments
or modifications to those requirements which may be granted by the FMFCD Board of
Directors*pursuantto Section 13-1307 of the Fresno Municipal Code. These requirements
are identified in the District's letter to the Planning and Development Department dated
March 11, 2004.
76. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within 7 days from the time
the basin becomes operational or as directed by the City Engineer. Temporary ponding
basins will be created through a covenant between the City and the Developer prior to final
map approval. Maintenance of the temporary ponding basin shall be by the Developer
until permanent service for the entire subdivision is.provided.
5;5e_ '01 K&P 1� Y44-C41- 176;e>
CONDITIONS OF APPROVAL
Tentative Tract No. 5259/UGM
April 21,2004
Page 11
FRESNO IRRIGATION DISTRICT
77. The developer/owner shall comply with the requirements in the letter from the Fresno
Irrigation District dated February 26, 2004, for Tentative Map No. 5259/UGM.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
78. The developer/owner shall comply with the requirements in the letter from the San Joaquin
Valley Air Pollution Control District dated March 3, 2004, for Tentative Map No.5259/UGM.
DEVELOPMENT FEES AND CHARGES
79. This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE I RATE
a. Street Tree Landscape Plan Review fee $56.00
b. Street Tree Installation fee $129.00/tree.
City installed tree
c. Street Tree Inspection fee $30.00/tree
Developer installed tree
d. Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
f. Reinspection Fee $29/Hour
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE I RATE
g. Metropolitan Flood Control District Fee $14,857.00
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 $419/living unit
Service Area: Cornelia
k. Wastewater Facilities Charge $2,119/living unit
I. House Branch Sewer Charge n/a
m. Millbrook Overlay Sewer n/a
CONDITIONS OF APPROVHL-
Tentative Tract No. 5259/UGM
April 21.,2004
Page 12
WATER CONNECTION CHARGES FEE RATE
n. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by
owner; fee for service(s) and
Meter(s) established by the
AIlaster Fie.Schedule.
o. Frontage Charge $6.50/lineal foot
p. Transmission Grid Main Charge $700/net acre
q. Transmission Grid Main Bond Debt
Service Charge $304/net acre
r. UGM Water Supply Fee $402/living unit
Service Area: 301
s. Well Head Treatment Fee $192/living unit
Service Area: 301
t. Recharge Fee $0/living unit
Service Area: 301
u. 1994 Bond Debt Service $60/living unit
Service Area: 301
DEVELOPMENT IMPACT FEE
v. Northeast Fresno Policing Area n/a
URBAN GROWTH MANAGEMENT FEE RATEICHARGE*
w. UGM Fire Station Capital Fee $1,242/gross acre
Service Area: 16
x. UGM Park Fee $1,230/gross acre
Service Area: 4
y. Major Street Charge $2,435/adj. acre
Service Area: E-4
z. Major Street Bridge Charge $135/adj. acre
Service Area: E-4
aa. Traffic,-Signal Charge $860/adj. acre
CONDITIONS OF APPRC L
Tentative Tract No. 5259/UGM
April.2.1.,.2004
Page 13
bb. UGM Grade Separation Fee n/a
cc. Trunk Sewer Charge n/a
Service Area:
dd. *Street Acquisition/Construction Charge n/a
ee. UGM At-Grade Railroad Crossing Fee Service Area: n/a
KNCommonWlaster Files-Tract MapsJract 5259 PB(R-03-61ff-5259-C0A-lwpd.wpd
File No. 210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Alan Kawakami, Chief Engineering Tech.ARTEL FARMS, INC.
Development Services Department P.O. BOX 25759
City of Fresno FRESNO, CA 93729-5759
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5259 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " AJ ►� ►� _ ►� DRAINAGE AREA AJ " $14,857.00
DATE DRAINAGE AREA
TOTAL FEE $14,857.00
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
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5259 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO ME i ROPOLITAN 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. X a. Drainage from the site shall be directed to Polk Avenue.
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:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan Storm Drain Plan Final Map
X Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service
X c. 'ornaarient drainage servlc.�will mqt be va lat l rn> e s
�te�np��f�c,I�;}ties unt. e�r�na�}ent,�, £ 'ce,�s availabie
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.
5259 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAx(559)456-3194 Two sided document
FRESNO ME'i..OPOLITAN FLOOD CONTROL D,a TRICT
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 Z
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
Standard Industrial Classification (SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators;and annually submit a report to the State Board.
szsv 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO ML-AOPOLITAN FLOOD CONTROL L,.STRICT
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, recommendation requirements.
Or
erald E- Lakeman Project Engineer: Ric yo s
District Engineer, Assistant General Manager
C: RABE ENGINEERING, INC.
2021 N. GATEWAY BLVD.
FRESNO, CA 93727
5259 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
The drainage system cost and fee schedule update is currently underway. The drainage system cost
and fee obligation indicated in this notice is the obligation which is valid at the date of this notice.
Contact the District for a final drainage fee obligation prior to issuance of a building permit or
recording of the final map.
Development No. Tract 5259
engr\perm it\exh ibit2\tmcts\5259(rl)
San Joaquin Valley
Air Pollution Control District
March 3, 2004 Reference#092DEV2004
Bonique Salinas
Planning Division
2600 Fresno Street
Fresno CA 93721
Subject:: Tentative Tract Number 5259 (4300 N. Cornelia)
Dear Ms. Salians:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project
referenced above and offers the following comments:
The entire San Joaquin Valley is classified non-attainment for ozone and fine particulate matter
(PM10). This project would contribute to the overall decline in air quality due to increased traffic
and ongoing operational emissions. Although this project alone would not generate significant air
emissions, the increase in emissions from this project, and others like it, cumulatively reduce the
air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related
emissions as outlined below:
The following items are rules that have been adopted by the District to reduce emissions
throughout the San Joaquin Valley, and are required. Current District rules can be found at
http://www.valleyair.org/rules/1 ruleslist.htm.
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 ;-seaters 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
Ms. Salinas March 3, 2004
TT No. 5258 Page 2
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 4103 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.
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/County 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 b� carefully selected and located to protect the building(s) from energy
consuming environmental conditions, and to shade paved areas. See
http://www.coolcommunities.org
http://w\&rw.energy.ca.gov/coolcommunity/strategies.html
http://www.lgc.org/bookstore/energv/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,
appropriate easements should be reserved to provide for.future improvements such as bus
turnouts, loading areas, route signs and shelters. Appropriations made to facilitate public or
mass transit will help mitigate trips generated by the project. Direct pedestrian access to the
main entrance of the project from existing or potential public transit stops and provide
appropriately designed sidewalks. Such access should consist of paved walkways or ramps
and should be physically separated from parking areas and vehicle access routes.
Specifically: Bus turnout(s) should be planned near the entrance(s) of the
development for school bus loading to accommodate school-age children.
• The District encourages the applicant and fleet operators using the facility to take advantage
of the District's Heavy-Duty Engine program to reduce project emissions. The Heavy Duty
program provides incentives for the replacement of older diesel engines with new, cleaner,
fuel-efficient diesel engines. The program also provides incentives for the re-power of older,
heavy-duty trucks with cleaner diesel engines or alternative fuel engines. New alternative
fuel heavy-duty trucks also qualify. For more information regarding this program contact the
District at (559)230-5858 or visit our website at
http://www.valleyair.org/transportation/heavvdutyidx.htm.
• Sidewalks and bikeways should be installed throughout as much of the project as possible
and should be connected to any nearby existing and planned open space areas, parks,
schools, residential areas, commercial areas, etc., to encourage walking and bicycling.
Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air
quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle
pathways from vehicle paths. Sidewalks and bikeways should be designed to be
accommodating and appropriately sized for anticipated future pedestrian and bicycle use.
Such pathways should be easy to navigate, designed to facilitate pedestrian movement
through the project, and create a safe environment for all potential users (pedestrian, bicycle
and disabled) from obstacles and automobiles. Pedestrian walkways should be created to
connect all buildings throughout the project. The walkways should create a safe and inviting
walking environment for people wishing to walk from one building to another. Walkways
Ms. Salinas March 3, 2004
'-T No. 5258 Page 3
should be installed to direct pedestrians from the street sidewalk to the building(s). Safe and
convenient pathways should be provided for pedestrian movement in large parking lots. Mid-
block paths should be installed to facilitate pedestrian movement through long blocks or cul-
de-sacs. Sidewalks should be designed for high visibility (brightly painted, different color of
concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked
and highly visible pedestrian accesses create a safer environment for both pedestrians and
vehicles. Pathways through the project should be built or appropriated in anticipation of
future growth.
• As many energy-conserving features as possible should be included in the
design/construction of the project. Examples include (but are not limited to):
Increased wall and ceiling insulation (beyond building code requirements)
Energy efficient widows (double pane and/or coated)
High-albedo (reflecting) roofing material
"Cool Paving"
Energy efficient lighting and appliances
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 unit(s)to maximize passive solar cooling and heating when practicable
Utilize passive solar cooling and heating designs
Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape
maintenance equipment
Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines
-
Natural gas fireplaces (instead of traditional open-hearth fireplaces)
Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
Low or non-polluting incentives items should be provided with each residential unit (such
items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric
barbecues, etc.)
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 http://www.energy.ca.gov/coolcommunity/strategies.htmi
http://eetd.Ib1.gov/coolroof/ http://www.consumerenergvicenter.org/index.htmI
http://www.sustainabie.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 an interconnected
grid, short block faces, numerous alleys and narrow streets. Street dimensions should be
designed in accordance to "Street Design Guidelines for Healthy Neighborhoods" by the
LGC. The Local 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.or-q
http://rrede.nrei.gov/
http://www.energy.ca.gov/renewabIes/
• Construction activity mitigation measures include:
Ms. Salinas March 3, 2004
TT No. 5258 Page 4
- Require construction equipment used at the site to be equipped with catalysts/particulate
traps to reduce particulate and NOx emissions. These catalysts/traps require the use of
ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has
verified a limited number of these devices for installation in several diesel engine families to
reduce particulate emissions. At the time bids are made, have the contractors show that
the construction equipment used is equipped with particulate filters and/or catalysts or
prove why it is infeasible.
- Use alternative fuel construction equipment.
- Replace fossil-fueled equipment with electrically driven equivalents (provided they are not
run via portable generator set).
- Install wind breaks on windward sides of construction areas.
- Curtail construction during periods of high ambient pollutant concentrations. This may
include ceasing construction activity during peak-hour vehicular traffic on adjacent
roadways, and "Spare the Air Days"declared by the District.
- Require that all diesel engines be shut off when not in use on the premises to reduce
emissions from idling.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call me at 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner at
230-5820 and provide the reference number at the top of this letter.
Sincerely,
nthia Echavarria
Air Quality Specialist
Central Region
Enclosure
c: file
San Joaquin Valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
September 2002
(Update from June 2002)
Fugitive Dust Control at Construction Sites
Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations
regulates activities that generate fugitive dust. .Fugitive dust is emitted to the air from open
ground or caused by activities such as excavation, transporting bulk materials, or travel on
unpaved surfaces. "PM10" is a term applied to small sized particulate matter- microscopic
dust particles - in the air. The San Joaquin Valley currently exceeds the air quality
standards for particulate matter. It is for this reason that the District adopted Regulation VIII
in 1993. Significant amendments to Regulation Vlll were adopted in 2001 and became
effective May 15, 2002. The following dust control and administrative requirements are
applicable at construction sites:
Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity
during periods when soil is being disturbed by equipment or wind at any time. Dust control
may be achieved by means of applying water before and during earth work and on traffic
areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE
opacity of 20% means the amount of dust that would obstruct the view of an object by 20%.
Soil stabilization. Soil stabilization is required at any construction site after normal working
hours and on weekends and holidays. This requirement also applies to inactive
construction areas such as phased projects where disturbed land is left unattended.
Applying water to form a visible crust on the soil is an effective method for stabilizing a
disturbed surface area. Long-term methods include applying dust suppressants or
establishing vegetative cover. Restricting vehicle access from the area will help to maintain
a stabilized surface. Information regarding stabilization standards and test methods.are in
Rule 6011 — General Requirements.
Carryout and Trackout. These requirements are found in Rule 6041 — Carryout and
Trackout. Carryout and trackout are materials adhered to vehicle tires and transport
vehicles carried from a construction site and deposited onto a paved public road. Should
carryout and trackout occur, it must be cleaned up at least daily, and immediately if it
extends more than 50 feet from the exit point onto a paved road. The recommended clean-
up methods include manually sweeping, sufficiently wetting the area prior to mechanical
sweeping to limit VDE or using a PM 10-efficient street sweeper. A blower device, or dry
sweeping with any mechanical device other than a PM10-efficient street sweeper is
prohibited.
Northern Region Office Central Region Office Southern Region Office
4230 Kiernan Avenue, Suitt: 130. 1990 East Getlyshurg Avetnue 2700"M" Street, Suite 275
Modeslo, CA 95356-9321 Fresno,CA 91726-0244 Bakersfield, CA 93301-2370
(209) 557-6400 4. FAX (209) 557-6475 (559) 2;1p-6000 o FAX (559) 230-6062 (661)526-6900 o FAX (661) 326-6985
Access and Haul Roads. Dust control is required on all unpaved access and haul roads,
and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 —
Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Storage Piles and Bulk Materials. The handling, storage, and transportation requirements
for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include:
applying water as materials are handled, stabilizing or covering stored materials, and
installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a
freeboard six inches or greater, covering haul trucks, or applying water to the top of the load
are options for reducing VDE from vehicle transportation of bulk materials.
Demolition. Wetting of the exterior of a building to be demolished is required. Demolition
debris and the area around the demolition must also be controlled to limit VDE. Cleaning
up carryout and trackout must be completed according to Rule 8041. Demolition activities
are also subject to the District's asbestos rule, Rule 4002—National Emission Standards for
Hazardous Air Pollutants.
Dust Control Plans.. For large construction projects, Rule 8021 requires the owner or
contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to
commencing construction activities. This requirement applies to projects that include 40 or
more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per
day of material on at least three days during the project. -
Record keeping. All sites subject to the regulation that employ dust control measures must
keep records for each day any dust controls are used. The District has developed record
keeping forms for water application, street sweeping, and for "permanent"controls such as
applying long term dust palliatives, vegetation, ground cover materials, paving, or other
durable materials. Pursuant to Rule 8011, records must be kept for one year after the.end
of dust generating activities.
Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation
Vlll 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 '/2 acre.
Nuisance. Whether or not the construction activity is exempt from the Regulation VIII
requirements, any activity that creates fugitive dust must not cause a nuisance, per Rule
4102 - Nuisance. Therefore, it is important to monitor the dust generating activities and, if
necessary, plan for and implement the appropriate dust control measures to limit the
public's exposure to fugitive dust.
This is a basic summary of Regulation VIII as it applies to the construction industry. For
more information contact the Compliance Division of the District office nearest to you.
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
Rt►t a 035-7 rn/*"S
TO: er; elis,Planner
Development Department
FROM: HILARY KIMBER, Parks Supervisor II(621-2924) '
DATE: February 24, 2004
Subject: Tentative Subdivision Map T-5259 (Located on the east side of North Polk and West Ashcroft
Avenues)
The Parks Department has reviewed the Tentative Subdivision Map drawn by Rabe Engineering, Civil
Engineers/Land Surveyors prepared for Artel Farms, Inc., dated 1/21/04. Parks offers the following
comments regarding the street tree, and buffer/parkway strip conditions . . .
STREET TREE REQUIREMENTS
A.. If streets within this subdivision were to be constructed at 50' in width,per Council Resolution#98-
129, the developer would be required to meet Development Department Standards for front yard tree
planting.
B. Street trees are required on all 54' internal streets. Tree planting shall be within a Planting and Public
Utility easement. Street trees shall be planted either by the Developer or by the City Parks Department.
Tree species to be planted on those streets are as follows:
W.Ashcroft Ave. Celtis australis(European Hackberry)
W. Holland Ave. Pistacia chinensis (Chinese Pistache)
W. Indianapolis Ave. Nyssa sylvatica(Black Tupelo)
N. Polk Ave. Sapium sebiferum(Chinese Tallow)
C. 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 easement 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 thu work for a period of ninety days following acceptance.
Parks partment comments T-4957 tentative map
July 25,2000page 2
DEVELOPER PLANTING FOR COMM/UNITY FACILITIES DISTRICT
D. The developer may landscape for inclusion into the Community Facilities District(CFD), the landscape strip and
right-of-way on N. Polk and W. Indianapolis Ave..
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 adjace �dscape design to present a rosre sebit«
uniform appearance on the street. The street tree designated for N. Ave. shall be the s
( ) Variances in the landscape concept will be acceptable, but the design of the new
landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed
outside the landscape easement. Maximum slopes shall not exceed 4:1 with F of level ground between the
slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on
all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover
species approved by the Parks Division.
4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows.
5. No private flags, signs or identification of any kind shall be permitted in the right of way,within the
city -controlled easement or on the fence or wall facing the street.
6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
7. Street trees designated for this project shall be:
N. Polk Ave. Sapium sebiferum (Chinese Tallow)
E. Indianapolis Ave. Nyssa sylvatica(Black Tupelo)
UGMREOUIREMENTS
F. The project is in UGM Zone#4. Please assure that all Parks UGM fees are collected as allowed by FMC.
The nearest regional park to the site is Woodward Park. The nearest neighborhood park is located at Polk Ave. and
Escalon Ave. (Stallion Park). This project is consistent with the Parks Master Plan.
Parks,Recreation and Community Services llepartment December 29, 2004
T-4983 Page 2
FEES
H. As a reminder, please verify that the following administrative/plan check fees are collected:
1. Collect the 15-gallon Street Tree Inspection fee for tree plantings by private party at the rate in effect in
the Master Fee Schedule at the time payment is due(current rate is $30.00 per tree Acct#34859, Fund
#24001, Org#179900).
3. Collect the CFD Plan Review fee of$176.00(FY2002 rates)(Acct#34599 Fund#10 10 1 Org#17050)
4. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct.(Acct#34599 Fund#10101 Org#17050)
STREET TREE REQUIREMENTS
11. As a reminder, please verify that the following administrative/plan check fees are collected:
Collect the street tree landscape plan review fee of$56.00(Acct#34599 Fund#10101 Org#17050).
OF OF
TI pI►STR CC
CSA Q � � E � �-� _ t
PHONE(559)233-7161
fir• ...; � _ " FAX(559)233-8227
- � 2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725.2218
Your Most Valuable Resource-Water
February 26, 2004
Ms. Bonique Salinas
City of Fresno Planning Division
Current Planning Section
2600 Fresno St. Third Flgor
Fresno, CA 93721-3604
RE: Tentative Map of Tract No. 5259UGM, Rezoning Application No. R-30-61
Dear Ms. Salinas,
FID's comments and requests are as follows:
1. FID does not own, operate, or maintain any facilities located on the applicant's property.
2. FID expects no adverse impacts from the approval of the subject proposal.
Thank you for submitting this item for our review. Please feel free to contact me with any questions or
concerns at 233-7161 extension 341 or sadams ,fresnoirril;ation.com.
Sincerely,
FRESNO IRRIGATION DISTRICT
S
Selina Adams
Engineering Assistant
File: Agencies/City/TTM-5259 UGM,RA No. R-30-61
L dM-vy-15.E
STATE OF CALIFORNIA—BUSINESS TRANSPORTA" AND HOUSING AGENCY ARNOLD SCHWARZE EGGER Covemor
DEPARTMENT OF TRANSPORTATION
13-'2 WEST OLIVE AVENUE
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666
FAX 559)488- Flex your power!
4088
( Be energy e1ficient.'
TTY (559)488-4066
February 24, 2004
2131.-IGR/CEQA
6-:FRE-99-26.7+;-
R-03-61 & T-5259
Ms. Bonique Salinas
City of Fresno Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
.lir N1 S. - iiiiaJ
We have reviewed the rezone and tract map for the proposed 12-lot single-family residential
project located on the east side of North Polk Avenue between West Ashlan and West.Gettysburg
Avenues. Caltrans has the following comments:
The proposed development, in and of itself, is not expected to create significant impacts to the
State Highway System. 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.
The City should consider a transit alternative for this project. The project is small, but with other
projects in the vicinity, there is sufficient development to support transit, and early planning could
make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area
Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other
recommended transportation alternatives.
We request that this letter be made part of the permanent public record for this project and that a
copy of 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 iter►i. 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 California"
ATTACHMENT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION
ALTERNATIVES
Ongoing development throughout the City of Fresno, including this project, will
make traffic operations significantly worse by adding considerably to delay and
congestion. Transit alternatives can help reduce congestion and delay and reduce
overall degradation of air quality and gridlocked intersections. The City of Fresno
should focus on ways to eliminate trips in addition to enhancing capacity.
Transportation alternatives the City should consider include standard highway
solutions along with the following:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this
area to provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be
financed through an assessment district and provide a way for individuals
to utilize a park-and-ride facility or commercial area parking lot and be
shuttled to various commercial/office centers within. the area. Commuters.
who need to go further could use City of Fresno transit if the City planned
for convenient connections. This may help to reduce the Single Occupancy
Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpoolslvanpools or
monthly transit passes for employees as well as including as a condition of
project approval a covered transit Stop as mitigation for- project-related
impacts to the transportation/circulation system.
6. Exploring the potential for linking the purchase of a monthly transit pass
with new residential development as partial mitigation for congestion and
air quality impacts, and to ensure the long term viability of public
transportation.
CITY OF FRESN ENVIRONMENTAL ASSESSMEt / INITIAL STUDY
FINDING OF CONFORMITY/MSIR NO. 90130
Pursuant to Section 21157.1 of the California Public Resources Code DATE'- (LING:
(California Environmental Quality Act) the project described below is
determined to be within the scope of the Master Environmental Impact 2004 MAR 17 AM 10: 32
Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. ,,
CITY CLERK. FRESNO Ci
Initial study is on file in the.Planning and Development Department,
City Hail, 2600 Fresno Street, Fresno, California 93721
(559)621-8277
Applicant: Initial Study Prepared By:
Artel Farms, Inc. Bonique Salinas, Planner I
P.O. Box 25759 March 17, 2004
Fresno, California 93729
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-03-061 The east side of North Polk Avenue between West Gettysburg
Vesting Tentative Tract Map No. 5259/UGM and West Ashlan Avenues, within the West Area Community
Plan.
APN: 311-604-16
Project Description:
Rezone Application No. R-03-61 proposes to rezone a 3.7 acre site (gross)from the R-1-C/UGM (Single-Family
Residential/Urban Growth Management)zone district to the R-1/UGM (Single-Family Residential/Urban Growth
Management)zone district. The site is located on the east side of North Polk Avenue between West Gettysburg
and West Ashlan Avenues,within the West Area Community Plan. Vesting Tentative Tract Map No. 5259/UGM
is proposing to subdivide the subject property into 12 single family residential lots at a density of 3.4 dwelling units
per acre. The West Area Community Plan and the 2025 Fresno General Plan designate the planned land use
as medium density residential,4.99-10.37 units per acre. This lowered density is allowed per section 12-403-6-2-
b-1 of the Fresno Municipal Code which allows a lower density than the plan designation of.the subject site if the
site is developed with a density not less than the minimum density of the next lowest land use designation. The
density allowed at the next lowest land use designation(medium low residential)is 2.19-4.98, thus, the proposed
3.4 dwelling units per acre for this site is allowed and is,consistent with the planned land use designation in
accordance with Section 12-403-B-2-b-1 of the Fresno Municipal Code.
The subject site is currently vacant and is bordered on the south by a vacant piece of land zoned AE-5/UGM and
planned for medium density residential. Properties bordering to the east of the subject property are single family
homes zoned R-1-C and planned for medium density residential. Properties to the west include single family
homes zoned R-1/UGM/cz,a City of Fresno water well zoned R-1/UGM/cz and a public facility zoned AE-5/UGM,
all of which are planned for medium density residential. The property to the north of the subject site is rural
residential and is also planned for medium density residential.
Conformance to Master Environmental Impact Report (MEIR NO. 10130):
As previously indicated, the recently adopted 2025 Fresno General Plan designates the subject parcel for the
medium density residential planned land use. The proposed R-1/UGM, zone district conforms to this land use
as indicated above.
The Planning and Development Department staff has prepared an initial study and environmental checklist and
evaluated the requested rezone and tentative tract map in accordance with the land use and environmental
policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report
(MEIR) No. 10130. The subject property is proposed to be developed with single family residential uses at an
intensity and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus,
the rezoning will not,facilitate an additional intensification of uses beyond that which already exists or would be
Finding of Conformity Under MEIF 'o. 10130
Environmental Assessment No. R-u.3-O61/T-5259
Page 2
March 17, 2004
allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and
future development, per the requested rezoning, will adversely impact existing city service systems or the traffic
circulation system that serves the subject parcels. These infrastructure findings have been verified by Public
Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures
of MEIR No. 10130 have been applied to the project 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).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be
determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause
significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific
project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use
designations, include impacts associated with the medium density residential land use designation specified for
the subject parcel. Based on,this initial study, the project does not change the land use indicated for the subject
parcel and will not generate additional significant effects not previously identified by the MEIR and no new
additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as
defined by Section 15177 of the CEQA Guidelines.
Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d)of
the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to
the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided
regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the
California Public Resources Code (CEQA provisions).
03 , f7 , p�
Gh ert J. HaroDate
Planning Manager, City of Fre o
KAMaster Files-2003\'REZONE\R-03-061-Indianapolis and Polk--PI3\R-03-061-FOC..wpd
Attachments: Environmental Checklist/Initial Study for Environmental Assessment
No. R-03-061/T-5259
Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment
No. R-03-061/T-5259
ENVIR ,MENTAL ASSESSMENT (EA) CF ;KLIST
POTENTIAL ENVIRONMENTAL EFFECTS
EA NO. R-03-061, T-5259
11^0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off
1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas
1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation
1 2.3 Generation of objectionable odors
1 2.4 Generation of dust except during construction 12.0 HAZARDS
1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances
1 12.2 Site subject to flooding
3_0 WATER 1 12.3 Adverse change in course of flow of flood waters
1 3.1 Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents
use 1 12.5 Potential hazards from landfill and/or toxic waste sites
1 3.2 Use of large quantities of ground water
1 3.3 Wasteful use of ground water 13.0 AESTHETICS
1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view
1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions
1 .13.3 Removal of street trees or other valuable vegetation
4_0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area.
1 4.1 Reduction of the numbers of any unique,rare or
endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL
1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building, disruption of archaeologic
1 4.3 Premature or unnecessary conversion of prime site
agricultural land 1 14.2 Construction or activity incompatible with adjacent
historic site
5.0 ANIMAL LIFE
1 5.1 Reduction in the numbers of any rare, unique.or 15.0 ENERGY
endangered species 1 15.1 Use of substantial amounts of energy or fuel
1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources
energy
1 6!0 HUMAN HEALTH 1 15.3 Wasteful use of energy
7.0 NOISE EXPLANATION OF RATINGS
1 7.1 Increases in existing noise levels
1 7.2 Exposure to high noise levels "0" Insufficient Information
Insufficient information is available to determine the potent
8_0 LIGHT AND GLARE environmental effects which may result from the propos
1 8.1 Production of glare which will adversely affect residential project in this category.
areas
1 8.2 Exposure of residences to high levels of glare "1" . No Significant Environmental Effect
The proposed project will not have an adverse environment
9.0 LAND USE effect in this category, or any such effect is not substantia
1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is al.-
1
l:1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to tl
1 9.3 Induces unplanned growth particular project under consideration.
1 9.4 Adverse change in existing or planned area
characteristics "2" Moderate Environmental Effect
The proposed project will have an adverse environment
10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be
1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substanti
deficiencies on existing street system enough in itself to require the preparation of an Environment,
1 10.2 Cumulative increase in traffic on a major street for which Impact Report,and is mitigable through project changes an
capacity deficiencies are projected conditions.
1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians
1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental Effect
1 10.5 Insufficient or poorly located parking The environmental effect identified in this categoi
1 10.6 Substantial increase in rail and/or air traffic substantiates in itself or contributes towards a finding that th
proposed project has a potentially significant adverse effect c
the environment sufficient to require the preparation of a
Environmental Impact Report.
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