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�'0z REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIZI—D
COMMISSION MEETING 3/03/04
March 3, 2004 APPROVED BY
FROM: STAFF, Planning Division DEPARTMENT DIRECTOR
Planning and Development Department
SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. T-5265/ UGM AND fi
' RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. T-5265
6
EXECUTIVE SUMMARY
Vesting Tentative Tract Map No.T-5265/UGM relates to the development of a 9-lot single-family residential ,W
t subdivision on a 5.26-acre site that is located along the east side of North Maple Avenue between .;
# East Copper and East International Avenues and is zoned R-1-A/UGM (Single Family ResidentialAlrban
Growth Management) -20,000 square-foot lot size minimum. Upon approval of the final tract map for the
subject development, all of the lots within the proposed residential subdivision will conform to the R-1-A
zone district minimum lot size requirement.
When fully developed, the proposed subdivision will have an overall residential density of 1.79 dwelling
units per acre. The project site conforms to the 2025 Fresno General Plan and the Woodward Park
Community Plan's low density residential planned land use designation for the subject site which allows
r ." 0.00 to 2.18 residential dwelling units per acre. Staff recommends approval of Vesting Tentative Tract
Map No. 5265/UGM, as the project is in conformance with the 2025 Fresno General Plan and the
Woodward Park Community Plan.
PROJECT INFORMATION
PROJECT Requests authorization to subdivide and develop a 9-lot single
family residential subdivision on a 5.26 acre site
APPLICANT Concord Development
LOCATION East side of North Maple Avenue between East Copper and
East International Avenues
(Council District 6, Council Member Duncan)
SITE SIZE 5.26 acres
LAND USE Existing - rural residential/agricultural uses
Proposed - single-family residential
ZONING R-1-A/UGM (Single Family ResidentialAlrban Growth
Management) zone district
"+ PLAN DESIGNATION The proposed R-1-A/ UGM zone district is consistent with the low
AND CONSISTENCY density residential planned land use designation of the 2025
Fresno General Plan and Woodward Park Community Plan for
the subject site.
ENVIRONMENTAL FINDING A finding of conformity to the 2025 Fresno General Plan Master
Environmental Impact Report (MSIR No. 10130) was issued on
February 5, 2004, for Environmental Assessment No. T-5265
t
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5265/UGM
March 3, 2004
Page 2
PLAN COMMITTEE The Northeast Area Committee recommended approval of
RECOMMENDATION the project on December 8, 2003
STAFF RECOMMENDATION Approval
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Use
North Medium-Low Density R-1/UGM Developing Single Family
Residential Single Family Residential/ Residential Subdivision
Urban Growth Management)
South Low Density Residential R-A/UGM Rural Single Family
Single Family Residential- Residential
Agricultural/Urban Growth
Management)
East Medium-Low Density R-1/UGM Single Family Residential
Residential Single Family Residential/
Urban Growth Management
West Medium-Low Density R-1/UGM Single Family Residential
Residential Single Family ResidentiallUrban
Growth Management
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. T-5265, considered potential environmental
impacts associated with the subject subdivision map request. The study indicates that the project proposal,
if approved, would conform to the land use designation and land use policies of the 2025 Fresno General
Plan and is, thus, within the scope of the Master Environmental Impact Report (MEIR 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) issued February 5,2004, which incorporates
a MEIR Mitigation Monitoring Checklist. The environmental finding was publically noticed with no comments
filed within the 20-day review and comment period.
BACKGROUND !ANALYSIS
Vesting Tentative Tract Map No. 5265 proposes to develop a 9-lot single-family residential subdivision on
the 5.26 acre site located along the east side of North Maple Avenue between East Copper and
East International Avenues. The subject site is currently comprised of two parcels of land (Assessor's
Parcel Nos. 578-010-08 and -09) and has been recently zoned R-1-A/UGM (Single Family Residential/
Urban Growth Management)—20,000 square-foot minimum lot size.
It should be noted that the subject site was part of a larger site that was recently annexed to the city in
October 2003. Upon annexation to the city, the site was rezoned from the AL-20 (Limited Agricultural/20-
acre minimum) county zone district classification to the city's R-A/UGM (Single Family Residential -
Agricultural/Urban Growth Management)zone district classification. However, in order to further develop
the subject site, two of the four property owners who were involved in the above-noted rezoning and
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5265/UGM
March 3, 2004
Page 3
annexation received approval from the City Council on January 27, 2004,to change the subject site's zone
district classification to the current R-1-A/UGM zone district as an initial step toward the development of
the proposed residential subdivision.
On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno
General Plan, which correspondingly updated the Woodward Park Community Plan. These planning
documents designate the subject site for low density residential planned land uses. The applicant has filed
Vesting Tract Map T-5265 in order to develop a 9-lot subdivision with an overall residential density of 1.79
dwelling units per acre. The proposed development complies with the low density residential density range
of 0.00 to 2.18 dwelling units per acre, as specified by the "Planned Land Use and Zone District
Consistency Matrix" of the 2025 Fresno General Plan.
Surrounding land uses are characterized by primarily single-family residences to the east and west and
developing single-family residences immediately north of the site. Access to the site will be from
North Maple Avenue(designated as an arterial street within the vicinity of the subject site). The city's Public
Works Traffic Planning section is requiring that direct vehicular access rights to properties along North
Maple Avenue be relinquished as a condition of tract map approval. 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. Furthermore, sewer and water
infrastructure availability and service capacity to meet project demands have been verified by the
Department of Public Utilities and have been placed in the Conditions of Approval for T-5265/UGM dated
March 3, 2004.
Water Resources and Public Water Supply
Currently there are private waterwells on the subject site serving rural residential structures. The developer
is required to abandon and seal these existing on-site well(s) in compliance with State of California Well
Standards or the current revisions issued by California Department of Water Resources and City of Fresno
standards. Implementation of the UGM service delivery requirements, the 2025 Fresno General Plan
policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources
Management Plan, and the mitigation measures identified by the project environmental assessment/initial
study will ensure that an adequate, reliable,and sustainable water supply for the project's urban domestic
and public safety consumptive purposes is provided. These measures include the construction of one or
more water supply well sites, including wellhead treatment facilities, which will be dedicated to the City of
Fresno. The applicant will meet these requirements through the payment of water connection charges ds
assessed for the project.
In addition, the Water Division of the Public Utilities Department has determined that the project will be
required to extend a water main and provide a separate water service (with meter box) for each lot in the
project. It has been determined that there is an adequate source of water available to serve the project with
the implementation of UGM service delivery requirements.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5265/UGM
March 3, 2004
Page 4
Storm Drainage Capacity
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be
accommodated by the District provided the developer can verify to the satisfaction of the City of Fresno that
runoff can be safely conveyed to the Master Plan inlets(s).
Sewage Collection System Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional
Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population
and employment growth up to a projected population holding capacity of 590,000 people. These
improvements have been completed to provide an expanded wastewater treatment and reclamation
capacity of 80 million gallons per day(MGD) which is sufficient to accommodate continued planned urban
development including the proposed project.
The developer is required to extend the sanitary sewer main within the proposed tract to provide sewer
service to each lot. The nearest sewer main is located in North Maple Avenue. It has been determined
by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project.
The developer is required to abandon on-site private sewer systems as a condition of project approval.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The 2025 Fresno General Plan designates North Maple Avenue, within the vicinity of the subject site, as
an arterial street requiring a 110-to 114-foot right-of-way width. The developer will be required to dedicate
and construct improvements for North Maple Avenue, accordingly. 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 other improvements as required by the conditions of project
approval. These street improvements are outlined in more detail in the Vesting Tentative Tract Map
No. 5265/UGM Conditions of Approval dated March 3,2004.
Northeast Area Plan and Implementation Committee
The Northeast Area Plan and Implementation Committee reviewed the tentative tract map on December 8,
2003, and recommended the approval of Vesting Tentative Tract Map 5265.
California Department of Transportation (Caltrans)
Caltrans has indicated that they do not have any comments regarding this proposed project.
Streets and Access Points
Because the proposed subdivision is a small residential development consisting of only 9 lots and contains
only one local street (East Prestwick Avenue), the project will be required to have only one access point
on North Maple Avenue. The Public Works Department, Transportation Planning Section, has reviewed
the tentative tract map application and has determined that streets adjacent to and near the subject site will
be able to accommodate the quantity and kind of traffic generated by the.project proposal.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5265/UGM
March 3, 2004
Page 5
Landscaping/Walls
Given that the proposed subdivision abuts a planned arterial street, the developer will be required to install
20 feet of landscaping along the east side of North Maple Avenue in accordance with the Fresno Municipal
Code. Moreover,the developer may maintain the required landscape easement or establish a homeowner's
association in order to maintain the required easement in accordance with the association's "Declaration
of Covenants, Conditions and Restrictions" (CC&R's). However, the owner/developer of the subject
subdivision may also petition the city for annexation to Community Facilities District No. 2 for maintenance
of the landscape easement. As a condition of project approval, the applicant will also be required to
construct a block wall at the rear of the required landscape easement along North Maple Avenue.
Lot Size, Dimensions and Building Setbacks
The proposed residential subdivision shall comply with the property development standards of the
R-1-A/UGM zone district. These standards require a minimum lot size of 20,000 square-feet, minimum lot
widths of 110 feet for interior and comer lots, 80 feet for cul-de-sac lots, and a minimum lot depth of 130
feet. Each lot shall have a minimum front yard building setback of 35 feet, 10 feet for a side yard setback
area (25 feet along street side of comer lot), and a rear setback area of 20 feet.
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 Woodward
Park Community Plan,will comply with applicable zoning, subdivision, and UGM requirements. Therefore,
staff recommends approval.
Tentative Tract Map Findings
The Subdivision Map Act(California Government Code Section 66400 et. seq.) requires that a proposed
subdivision not be approved unless the map, together with its design and improvements, is found to be
consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further
provides that the proposed subdivision map be denied if any one of Findings Nos. 2 through 5, below, is
made in the negative. In addition, State law requires that a subdivision be found to provide for future
passive and natural heating or cooling opportunities in the subdivision development(Finding No. 6, below).
1. The proposed subdivision map,togetherwith its design and improvements, is consistentwith the 2025
Fresno General Plan and the Woodward Park Community Plan because the land use element of
these plans designate the site for low density residential and single family land uses. The proposed
density of the project is consistent with these land use designations.
2. This site is physically suitable for the proposed type and density of development because conditions
of approval will ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvements are not likely to cause substantial and
considerable damage to the natural environment, including fish, wildlife or their habitat, because of
the ongoing urbanization of the area in which the site is located. Specifically, the proposed
development will be adjacent to, or abut, existing and developing single family residences.
4. The proposed subdivision design and improvements are not likely to cause serious public health and
safety problems, because the conditions of approval will ensure that the subdivision conforms with
city health and safety standards including (but not limited to) the extension of sanitary sewer and
water service to the site.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5265/UGM
March 3, 2004
Page 6
5. The proposed subdivision design will not conflict with public easements within or through the site
because conditions of approval will ensure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating
or cooling opportunities in the subdivision, because of the appropriate use and placement of
landscaping plant materials and because of the orientation of the proposed units.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and the local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of
project approval, staff has determined that these findings can be made.
Conditions of Approval
1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5265/ UGM, dated
January 8, 2004.
2. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative
Tract Map No. 5265/UGM dated March 3, 2004, and related memoranda and correspondence from
city departments and outside reviewing agencies.
3. Development shall take place in accordance with the Finding of Conformity determination for
Environmental Assessment No. T-5265/UGM dated February 5, 2004.
CONCLUSION / RECOMMENDATION
Staff recommends that the Planning Commission take the following action:
1. APPROVE environmental finding of Environmental Assessment No. T-5265/UGM that the proposed
tract map conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact
Report(MEIR No. 10130).
2. APPROVE Vesting Tentative Tract Map No. 5265/UGM subject to compliance with the Conditions of
Approval dated March 3, 2004.
K:\CommonWlaster Files-Tract Maps\Tract 5265—DBB\VTr-No-5265 PC Report 3-3-04.wpd
Attachments: Vicinity Map
Environmental Assessment No. T-5265, dated February 5, 2004
Vesting Tentative Tract Map No. 5265, dated January 8, 2004
Conditions of Approval for Vesting Tentative Tract No. 5265/UGM, dated March 3, 2004
Parks, Recreation and Community Services Memorandum dated February 20, 2004
San Joaquin Valley Air Pollution Control District dated January 22, 2004
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VESTING TENTATIVE TRACT MAP NO.T-5265 N DEPARTMENT
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CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT / INITIAL STUDY
FINDING OF CONFORMITY/MEIR NO. 10130
Pursuant to Section 21157.1 of the California Public Resources Code DATE RECE1 ffSEJyFD
(California Environmental Quality Act) the project described below is ��UU
determined to be within the scope of the Master Environmental Impact 2004 FEB -5 pM 4: 5$
Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan.
CITY CLERK, FRESNO Cl'-.
Initial study is on file in the Planning and Development Department,
City Hall, 2600 Fresno Street, Fresno, California 93721
(559)621-8277
Applicant: Initial Study Prepared By:
Concord Development Donn B. Beedle, Planner III
1368 West Herndon Avenue, Suite 102 February 3, 2004
Environmental Assessment Number: Project Location (including APN'S:)
Vesting Tentative Tract Map No. 5265 Along east side of North Maple Avenue between
East Copper and East International Avenues
(APN's 578-010-08 and -09)
Project Description:
Tentative Tract Map No. 5265/UGM is proposing to subdivide a 5.26 acre site, zoned R-1-A/UGM (Single Family
Residential/Urban Growth Management)20,000 square foot minimum lot size--into 9 single-family residential lots,
at an overall residential density of approximately 1.79 dwelling units per acre. The property is within the
jurisdictions of the Woodward Park Community Plan and the 2025 Fresno General Plan. The plans designate
the subject property for low density residential planned land use (0.00 to 2.18 residential dwelling units per acre).
The subject site is currently rural residential in nature and is located adjacent to an existing single-family
residential development to the west, developing single-family residential uses to the north and east, and rural
residential with limited agricultural uses immediately to the south.
Conformance to Master Environmental Impact Report (MEIR No. 10130):
As previously indicated,the recently adopted 2025 Fresno General Plan designates the subject property for low-
density residential planned land uses. The proposed nine-lot residential subdivision conforms to the density
range of this land use designation as specified by the 2025 Fresno General Plan "Planned Land Use and Zone
District Consistency Matrix."
The Planning and Development Department staff has prepared an initial study and environmental checklist and
evaluated Tentative Tract Map No. 5265 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, approval
of the subject tract will not facilitate an additional intensification of uses beyond that which would be allowed by
the above-noted planned land use designation. Moreover, it is not expected that the future development of the
subject property, per Tentative Tract Map No. 5265, will adversely impact existing city service systems or the
traffic circulation system that serves the site. These infrastructure findings have been verified by the 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).
Finding of Conformity Under MEIR No. 10130
Environmental Assessment No. T-5265
Page 2
February 3, 2004
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 any impacts that would be associated with the low density residential land use designation
specified for the subject property. Based on this initial study, the project does not change the land use indicated
for the subject property 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).
0
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Darrell Unruh Vate
Planning Manager, City of Fresno
KAMaster Files-Tract Maps\Tract 5265—DBB\Tract 5265 Finding of Conformitympd
Attachments: Environmental Checklistlinitial Study for Environmental Assessment No. T-5265
Vicinity Map
Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. T-5265
ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EFFECTS
EA NO. T-5265
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS 11.0 URBAN SERVICES
1 1.1 Geologic hazards, unstable soil conditions 1 11.1 Availability of fire protection
1 1.2 Adverse change in topography or ground surface relief 1 11.2 Lack of emergency vehicle access
1 1.3 Destruction of unique geologic or physical features 1 11.3 Adequacy of design for crime prevention
1 1.4 Increased water erosion 1 11.4 Overcrowding of school facilities
1 11.5 Availability of water mains of adequate size
2_0 AIR QUALITY 1 11.6 Availability of sewer lines of adequate capacity
1 2.1 Substantial indirect source of pollution 1 11.7 Availability of storm water drainage facilities (on or off
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
1 12.1 Risk of explosion or release of hazardous substance:
3_0 WATER 1 12.2 Site subject to flooding
1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters
use 1 12.4 Potential hazards from aircraft accidents
1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste site:
1 3.3 Wasteful use of ground water
1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS
1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view
1 13.2 Creation of aesthetically offensive conditions
44^0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation
1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area
endangered species
1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL
1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building, disruption of
agricultural land archaeological site
1 14.2 Construction or activity incompatible with adjacent
5.0 ANIMAL LIFE historic site
1 5.1 Reduction in the numbers of any rare, unique or
endangered species 15.0 ENERGY
1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel
1 15.2 Substantial increase in demand upon existing source;
1 66^0 HUMAN HEALTH of energy
1 15.3 Wasteful use of energy
7_0 NOISE
1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS
1 7.2 Exposure to high noise levels
"0" Insufficient Information
8_0 LIGHT AND GLARE Insufficient information is available to determine the potential
1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed
areas project in this category.
1 8.2 Exposure of residences to high levels of glare
"1" No Significant Environmental Effect
990 LAND USE The proposed project will not have an adverse environmenta
1 9.1 Incompatibility with adopted plans and policies effect in this category, or any such effect is not substantially
1 9.2 Acceleration of growth rate unusual or of undesirable magnitude. This rating is also
1 9.3 Induces unplanned growth utilized in cases where the category is not applicable to the
1 9.4 Adverse change in existing or planned area particular project under consideration.
characteristics
"2" Moderate Environmental Effect
10.0 TRANSPORTATION AND CIRCULATION The proposed project will have an adverse environmental
1 10.1 Generation of vehicle traffic sufficient to cause capacity effect in this category, which is of sufficient magnitude to be
deficiencies on existing street system of specific concern. However, this effect is not substantial
1 10.2 Cumulative increase in traffic on a major street for which enough in itself to require the preparation of an Environments
capacity deficiencies are projected Impact Report, and is mitigable through project changes and
1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians conditions.
1 10.4 Routing of non-residential traffic through residential area
1 10.5 Insufficient or poorly located parking "3" Significant Adverse Environmental Effect
1 10.6 Substantial increase in rail and/or air traffic The environmental effect identified in this category
substantiates in itself or contributes towards a finding that the
proposed project has a potentially significant adverse effect
on the environment sufficient to require the preparation of an
Environmental Impact Report.
DBB-KAMaster ReMR-03-066-EA-Checklist
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City of Fresno March 3, 2004
Development Department
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT NO. 5265/UGM
All tentative subdivision maps are subject to the applicable provisions of the State Subdivision
Map Act, Fresno Municipal Code, City policies, and Standard Specifications. The following
specific conditions are applicable to this subdivision 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. Preparation of the final map shall be in accordance with Vesting Tentative Tract Map
No. 5265 entitled "Exhibit A," dated January 8, 2004.
2. Submit grading plans and soils report to the City of Fresno, Development Department,
for verification prior to final map approval. Ref. Sections 12-1022 and 12-1023, Fresno
Municipal Code. Approval of grading plan is required prior to final map approval.
Grading plans shall indicate the location of any required walls and indicate the proposed
width of required landscape easements or strips.
3. Public utilities easements, as necessary, shall be dedicated to the City of Fresno. Any
required relocation of existing utilities necessitated by required street improvements will
be paid for by the appropriate utility company or the developer of the project. Contact
the appropriate utility company for information.
4. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; and Resolution
No. 68-187, "City Policy with Respect to Subdivisions'; Resolution No. 70-36, "Standard
Specifications 1970," as amended; and Resolution No. 84-361, "Public Works Standard
Drawings 1984," as amended.
5. The subdivider shall pay applicable fees for, but not limited to, street trees, street signs,
water fees, sewer fees, and inspection fees in accordance with Resolution No. 79-606
and Resolution No. 80-420 (Master Fee Schedule), or any amendments, modifications
or additions thereof and in accordance with the requirements of State law as related to
vesting tentative tract maps.
6. The subdivider shall furnish to the City a subdivision guarantee of a title company listing
all parties having any right, title or interest and the nature of their interest per State law.
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 2
March 3, 2004
7. Relinquish direct vehicular access rights to North Maple Avenue from all lots within this
development. Refer to Section 12-1011-f-3 of the Fresno MGnicipal Code.
8. 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 the approval of the
Solid Waste Manager.
Landscaping and Walls
9. Provide a 20-foot landscaped easement (LE) and irrigation system along the side
property lines of all lots which side onto North Maple Avenue. Reference Sections
12-1011-f-3, of the Fresno Municipal Code.
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.
10. Maintenance of the required 20-foot landscape easement located along North Maple
Avenue may be the responsibility of the of the Community Facilities District No. 2.
Contact the Public Works Department, Engineering Services Division staff for
information regarding this district. If the owner/developer elects to utilize Community
Facilities District No. 2, then the property owners shall petition the City for annexation to
the district prior to final map approval.
11. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District No. 2, he shall be required to provide the city of Fresno, Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual landscaping maintenance assessment and that he is aware of the estimated
amount of the assessment.
12. Should the City Council not approve the annexation of such landscape areas then the
property owner/developer shall create a homeowner's association for the maintenance
of the landscape areas. The proposed Declaration of Covenants, Conditions, and
Restrictions (CC&R's) and the proposed instruments for the homeowner's association
shall be submitted to the Planning and Development Department for review two (2)
weeks prior to final map approval. Said documents shall be recorded with the final map
or alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the owner's association for landscaping and other provisions as stated
in the Planning and Development Department Guidelines for preparation of CC&R's
dated January 11, 1985.
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, or approved architecturally designed solid
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 3
March 3, 2004
fence (solid wall of fence to meet requirements of Section 12-306-H, Fresno Municipal
Code) at the rear of the required landscape easement noted in condition number 9,
above.
15. Construction plans for required walls showing architectural appearance and location of
all walls shall be submitted to the Planning and Development Department for review
prior to final map approval.
Lot Size, Lot Dimensions Building Setbacks
16. Minimum lot size, lot dimensions and building setbacks for all lots in the subdivision shall
be in accordance with the R-1-A/ UGM zone district standards. (Refer to Section 12-
207.5 of the Fresno Municipal Code.)
Information
17. Solid waste disposal for the subdivision shall be provided by the City of Fresno as
appropriate for single-family residences (three bin service per residence).
18. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in
origin, the Native American Heritage Commission (phone. 916-653-4082) shall be
immediately contacted, and the California Archaeological Inventory/Southern San
Joaquin Valley Information Center (phone. 805-644-2289) shall be contacted to obtain a
referral list of recognized archaeologists. An archaeological assessment shall be
conducted for the project, the site shall be formally recorded, and recommendations
made to the City as to any further site investigation or site avoidance/preservation.
If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be
contacted to obtain a referral list of recognized paleontologists. An assessment shall be
conducted by a paleontologist, and if the paleontologist determines the material to be
significant, it shall be preserved.
19. Pay school construction fees to the Clovis Unified School District in accordance with the
adopted schedule of fees, prior to the issuance of building permits for the subdivision.
20. Contact the United States Postal Service - Fresno Office for the location and type of
mailboxes to be installed in this subdivision.
21. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple final maps shall not detract from 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 Chapter 12, Article 10 of the Fresno Municipal Code
(Subdivision of Real Property).
22. 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
Conditions of Approval
Vesting Tentative Tract No. 5265IUGM
Page 4
March 3, 2004
accordance with Chapter 13 of the Fresno Municipal Code.
23. 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 subdivider shall file a written application with the
City's Director of Public Works, requesting apportionment of the unpaid portion of the
assessment. The application shall contain at least the following information:
a. A full description of each assessed lot, parcel or interest to be divided and of
how such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
C. Written consent of the owner(s) of each such lot, parcel, or interest to the
requested apportionment.
The application shall be filed prior to the approval of the final map 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.
PARK SERVICE
24. Comply with the requirements in the attached memorandum from the Parks Division
dated February 20, 2004.
Urban Growth Management Requirements
25. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the
time of final map approval. Fee payment may be deferred until time of building permit
issuance in accordance with the requirements of Section 12-4.509-C-3, Fresno
Municipal Code.
FIRE SERVICE
26. Fire service will be provided by Fire Station No. 21. Provide residential hydrants and fire
flow at a minimum of 1,500 gallons per minute. Refer to Fresno Fire Department dated
January 12, 2004.
Urban Growth Management Requirements
27. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the
time of final map approval. If appropriate, fee payment may be deferred until time of
building permit issuance in accordance with the requirements of Section 12-4.508-D-3,
Fresno Municipal Code.
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 5
March 3, 2004
STREETS AND RIGHTS-OF-WAY
28. The subdivider shall make provisions for the physically handicapped in accordance with
the Department of Public Works standards and as required by State law.
29. All existing and proposed utility systems shall be installed underground in accordance
with Section 12-1011(h) of the Fresno Municipal Code. The subdivider's attention is
directed to the installation of street lights in accordance with Resolution Nos. 68-187,
MA4f4,.,,, -522, 81-219 and 88-229."fr„L�w,�, Deeoo�ft,:ZC �'I�L
w cr-b,z 77 `
30. �he 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.
31. All of the required street improvements shall be constructed and/or installed in
accordance with City of Fresno standard specifications, unless modified by the Director
of the Public Works Department.
32. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Quality
Pollution Control District for the control of fugitive dust requirements from paved and
unpaved roads.
33. All dead-end street improvements shall be constructed and/or installed in accordance
with city standards within seven (7) days from the time the streets are surfaced or as
directed by the Engineer.
34. Change East Pestwick Avenue to East Sawgrass Avenue.
35. No raised concrete will be allowed within.street right-of-way.
36. Wherever street furniture is proposed or existing within the proposed sidewalks a
minimum of 4 feet unobstructed sidewalk path should be maintained to comply with ADA
requirements. If necessary dedicate a pedestrian easement to accommodate for the 4
feet minimum unobstructed path requirement.
37. North Maple Avenue: Arterial, 4-lane 010' - 1141 Standard — Dedicate 55 feet of
property, from section line, for public street purposes, within the limits of this
development to meet the current City of Fresno Standards. Reference Public Works
Standard P-52.
38. Construct curb, gutter, and sidewalk to Public Works Standard P-5. The sidewalk
pattern shall be constructed to a 10' residential pattern.
39. Construct twenty (20) feet of permanent paving within the limits of this development.
Construct an underground street lighting system to Public Works Standard E-1, within
the limits of this development. Spacing and design shall conform to Public Works
Standard E-7 for Arterial Streets.
40. Interior Streets — Design and construct all curb, sidewalk (both sides), permanent
paving, cul-de-sacs, and underground street systems on all interior local streets to
Public Works Standards. Sidewalk patterns shall comply with Public Works API
Standards for fifty (50) and fifty-four (54) foot streets.
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 6
March 3, 2004
41. Stamped concrete street paving —The developer shall provide for the maintenance of
the stamped concrete street paving. The developer may pay a one time fee of$20.00
7 per square-foot of stamped concrete for the continued maintenance/replacement of the
stamped concrete area. Maintenance of stamped concrete shall be included in the
? ordinance adopted for maintenance of improvements and landscaping for this tract.
42. All irrigation pipeline in the public right-of-way shall be rubber gasket reinforced concrete
pipe and subject to a one time $5.00 per linear foot maintenance fee.
Urban Growth Management Requirements
43. This Map is in UGM major street zone F; therefore pay all applicable UGM fees.
SEWER SERVICE
The nearest existing sewer main is a 45-inch sewer main in North Maple Avenue to serve the
proposed tract. The following conditions are required to provide sanitary sewer to the tract.
44. Sanitary sewer mains shall be extended within the proposed tract to provide sewer
service to each lot created.
45. Separate sewer house branches shall be provided to each lot created.
4C 46.E Abandon existing on-site provide sanitary sewer system.
�• 10"7
47. All public sewer facilities shall be constructed in accordance with Public Works
Department Standards, specifications, and policies.
Urban Growth Management Requirements
48. The tract is located in UGM Oversize Sewer Reimbursement Area 43
WATER SERVICE
A 14-inch water main is located in North Maple Avenue to serve the proposed tract. The
following conditions are required to provide water service to the tract.
49. Water mains (including installation of city fire hydrants) shall be extended within the
proposed tract to provide water service to each lot.
50. Separate water services with meter boxes shall be provided to each lot created.
�1. Seal and abandon existing on-site well in compliance with State of California Well
• Standards, Bulletin 74-90 or current revisions issued by California Department of Water
et/i f Resources and City of Fresno standards.
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 7
March 3, 2004
52. Two independent sources of water, meeting Federal and State Drinking Water Acts
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.
53. Public water facilities shall be constructed in accordance with Public Works Department
standards, specifications and policies.
Urban Growth Management Requirements
54. The tract is located in UGM Water Supply Area 101 s.
55. The tract is located in Wellhead Treatment Service Area 101 s.
56. The tract is located in 1994 Bond Dept Service Area 101 s.
57. The tract is located in Recharge Service Area 101 s.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
58. The developer of property located within the UGM boundaries shall comply with all
sewer, water and street requirements and pay all applicable UGM fees imposed under
the Urban Growth Management process (with appropriate credit given for the installation
of required UGM improvements) in accordance with the requirements of State Law as
related to vesting tentative tract maps.
59. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM
improvements.
Right-of-Way Acquisition
60. 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 traveled 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 should contact the Real Estate Section of the Public Works Department
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 8
March 3, 2004
to receive procedural guidance in such acquisitions.
Should such acquisition not be accomplished prior to final map approval, the developer
must request and grant to the City the full authority to attempt acquisition either through
negotiation or through its power of eminent domain. The developer shall furnish to the
City Public Works Department, Real Estate Section, an appraisal report or a request for
an estimated appraisal amount (to be determined by the Real Estate Section) prior to
preparation of a Subdivision Agreement.
The developer/owner 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
61. The subdivider shall be required to pay any applicable storm drainage fees to comply
with Chapter 13, Article 13 of the Fresno Municipal Code.
62. The subdivider shall be required to comply with all transmitted specific requirements
imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision
or any amendments or modifications to those requirements which may be granted by
the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal
Code.
63. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven (7) days
from the time the basin becomes operational or as directed by the City Engineer.
Temporary ponding basins will be created 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.
AIR POLLUTION CONTROL
64. In accordance with the attached San Joaquin Valley Air Pollution Control District
memorandum dated January 22, 2004, the subdivider shall comply with all requirements
as noted therein.
DEVELOPMENT FEES AND CHARGES
65. This project is subject to the following development fees and charges:
SEWER CONNECTION CHARGES
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 9
March 3, 2004
a. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
b. Oversize Charge $0.05/sq. ft. (to 100'depth)
C. Trunk Sewer Charge $496/living unit
Service Area: Herndon
d. Wastewater Facilities Charge $2,119/living unit equivalent
e. House Branch Sewer Charge n/a
f. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES
g. Service Connection Charge Fee based on service(s)and meter(s)
sizes specified by owner; fee for
service(s)and Meter(s) established by
the Master Fee Schedule.
h. Frontage Charge $6.50/lineal foot
i. Transmission Grid Main Charge $560/gross acre
j. Transmission Grid Main Bond Debt $243/gross acre
Service Charge
k. UGM Water Supply Fee $397/living unit
Service Area: 101 s
1. Well Head Treatment Fee n/a
Service Area:101
in. Recharge Fee n/a
Service Area: 101
n. 1994 Bond Debt Service $895/living unit
Service Area: 101
DEVELOPMENT IMPACT FEE
o. Northeast Fresno Policing Area $85/living unit
Conditions of Approval
Vesting Tentative Tract No. 5265/UGM
Page 10
March 3, 2004
URBAN GROWTH MANAGEMENT FEES/CHARGE*
p. UGM Fire Station Capital Fee $370/gross acre
Service Area: 21
q. UGM Park Fee $676/gross acre
Service Area: 7
r. Major Street Charge $2,500/adjusted net acre
Service Area: F
S. Major Street Bridge Charge $50/adjusted acre
Service Area: F
t. Traffic Signal Charge $860/adjusted acre
U. UGM Grade Separation Fee n/a
V. Trunk Sewer Charge n/a
Service Area
W. Trunk Sewer Charge n/a
Service Area:
X. *Street Acquisition/Construction Charge n/a
PARKS, RECREA" OMMUNITY SERVICES DEPARTMENT
TO: Robert Lewis,Planner III
Development Department
FROM: HILARY KIMBER, Parks Supervisor II(621-2924)
DATE: February 20, 2004
Subject: Tentative Subdivision Map T5265 (Located on the east side of Maple Ave. south of Copper
Ave.)
The Parks Department has reviewed the Vesting Tentative Subdivision Map drawn by Gary G. Gianetta,
Civil Engineering&Land Surveying prepared for Concord Development Co. LLC,L,dated 10/27/03.
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:
E. Sawgrass Ave. Fraxinus Autumn Purple(Ash Autumn Purple)
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, or one tree per lot
whichever is greater.
b. Trees shall be planted in accordance with "Specifications for Developer Street Tree
Planting." The developer shall contact Parks to determine tree species required on each street.
c. Landscape plans shall indicate street tree planting locations and species. Landscape plans
shall be reviewed and approved by the Parks,Recreation and Community Services Department.
A street tree planting permit shall be required for all residential street tree planting.
d. Performance and payment securities,paid with final map,will be released when all
landscaping installed on public and/or city controlled property is in conformance with Parks
Division's planting specifications and meets the specifications of the city.
e. Upon acceptance of the required work,warranty security shall be furnished to or retained by
the city for guaranty and warranty of the work for a period of ninety days following acceptance.
PON,Recteduun Ind WmmUruly Services Department Feuruary 20,20014
Page 2
DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT
D. The developer may landscape for inclusion into the Community Facilities District(CFD), the landscape strip
and right-of-way on N. Maple 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 adjacent landscape design to present a more
uniform appearance on the street. The street tree designated for N. Maple Ave. shall be the Celtis australis
(European Hackberry) 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 l'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:
E. Sawgrass Avr. Fraxinus 'Autumn Purple'(Ash Autumn Purple)
UGM REQUIREMENTS
F. The project is in UGM Zone#7. 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 N. Maple
Ave.and E. Shepherd Ave. An additional neighborhood park is proposed at N. Maple Ave.and Plymouth Way.
This project is consisted with the Parks Master Plan.
FEES
Parks,Recreation and Community Services Department February 20, 2004
T-5265 Page 3
H. As a reminder,please verify that the following administrative/plan check fees are collected:
1. Parks Division requires the collection of 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).
2 Collect the CFD Plan Review fee of$176.00(FY2002 rates)(Acct#34599 Fund#10101 Org#17050)
3. 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$600.00 (Acct#34599 Fund#10101 Org#17050).
For the Community Facilities District: (Acct#34599 Fund#10101 Org#17050), collect fees in the
sum of$481.00 ) $176.00 for Plan review by the Parks Division, and$305.00 for field inspection
of the landscape areas. Should the project be phased, separate plan check and inspection fees shall
be collected for each phase. A reinspection fee of$29.00/hour shall be charged when the
landscape(and all associated work,including irrigation) fails to pass inspection and requires a
reinspection by city staff.
San Joaquin Valley
Air Pollution Control District
January 22, 2004 RECEWED 9DEV2004
JAN 2 3 2004
Donn Beedle
Planning Division, Development Dept. DEVELOPMENT DEPARTMENT
2600 Fresno ST CITY OF FRESNO
Fresno, CA 93721-3604
Subject: R 03-66, T-5265.
(APN 578-010-08 & 09)
Dear Mr. Beedle:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley is non-attainment for ozone and fine particulate matter (PM10). This
project would contribute to the overall decline in air quality due to increased traffic and ongoing operational
emissions. Although this project alone would not generate significant air emissions, the increase in
emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin
Valley. A concerted effort should be made to reduce project-related emissions as outlined below:
The District recommends using the URBEMIS 2002 program to calculate project area source and mobile
source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the
emissions generated by this project will exceed the District's thresholds, this project may significantly
impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is
encouraged to consult with District staff for assistance in determining appropriate methodology and model
inputs. Questions regarding URBEMIS 2002 should be directed to Thomas Jordan at (559) 230-5802.
The following items are rules that have been adopted by the District to reduce emissions throughout the
San Joaquin Valley, and are required. Current District rules can be found at
htti3,://www.valievair.org/ruies/'i ruieslist.htm.
District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and
natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments.
Please note that on July 17, 2003 amendments to Rule 4901 where adopted by the District's Governing
Board. Amendments to the rule may affect future construction plans for residential developments.
Specifically:
§5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New
Residential Developments:
Beginning January 1, 2004,
5.3.1 No person shall install a wood burning fireplace in a new residential development-
with a density greater than two (2) dwelling units per acre.
5.3.2 No person shall install more than two (2) EPA Phase If 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.
Mr. Beedle January 22, 2004
R 03-66, T-5265 Paget
5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning
heater per dwelling unit in any new residential development with a density equal to or less
than two (2) dwelling units per acre.
District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions
generated by human activity, including construction, road construction, bulk materials storage, landfill
operations, etc. A Dust Control Plan must be submitted for the District's approval at least 30 days before
construction activities begin if the project cumulatively encompasses 40 acres or more or will move more
than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has
been enclosed for the applicant.
District Rule 4103 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.
There are a number of mitigation measures that should be incorporated into the design of this project to
reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City
development standards. All other measures should be implemented to the fullest extent possible). This
list should not be considered all-inclusive. The District encourages innovation in measures to reduce air
quality impacts.
• Trees should be carefully selected and located to protect the buiiding(s) from energy sapping
environmental conditions. A brochure has been included for the applicant.
See http://www.coolcommunities.org
http://www.energy.ca.gov/coolcommunity/strategies.html
http://www.lgc.org/bookstore/energy/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.
• Sidewalks and bikeways should be installed throughout as much of the project as possible and should
be connected to any nearby existing and planned open space areas, parks, schools, residential areas,
commercial areas, etc., to encourage walking and bicycling. Pedestrian and bike-oriented design
reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be
designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways
should be designed to be accommodating and appropriately sized for anticipated future pedestrian
and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian
movement through the project, and create a safe environment for all potential users (pedestrian,
bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high
visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and
similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer
environment for both pedestrians and vehicles. Pathways through the project should be built or
appropriated in anticipation of future growth.
• As many energy conserving and well-designed features as possible should be included in the
design/construction of the project. Examples include (but are not limited to):
Increased wall and ceiling insulation (beyond building code requirements)
Energy efficient widows (double pane and/or coated)
High-albedo (reflecting) roofing material
"Cool Paving"
Energy efficient lighting and high efficiency appliance
Mr. Beedle January 22, 2004
R 03-66, T-5265 Page3
- Instantaneous water heaters
- Radiant heating system
- Awnings or other shading mechanism for windows
- Ceiling fans, whole house fans
- Orient the unit(s)to maximize passive solar cooling and heating when practicable
- Install electrical outlets around the exterior of the unit(s) to encourage use of electric landscape
maintenance equipment
- Install natural gas fireplaces (instead of traditional open-hearth fireplaces)
- Install natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
- Low or non-polluting incentives items should be provided with each residential unit (such items could
include electric lawn mowers, reel mowers, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site,
etc.
More information can be found at:
http://www.lgc.org http://www.energy.ca.gov/coolcommunity/strategies.html
http://eetd.lb1.gov/cooIroof/ http://www.consumerenergycenter,org/index.htmI
http://www.sustainable.doe.g_ov/
The project should include as many clean alternative energy features as possible to promote energy self-
sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems,
small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment.
More information can found at http://www.dsireusa.org/
http://rredc.nrel.gov/
http://www.energy.ca.gov/renewables/
• Construction activity mitigation measures include:
Require construction equipment used at the site 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 while on the premises (when not in use) to reduce
emissions from idling.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call Mr. Hector Guerra, Senior Air Quality Planner or me at 230-5800.
Sincerel ,
Cnt is Echavarria
Air Quality Specialist
Central Region
Enclosures
c: file
San Joaquin Valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
September. 2002
(Update from June 2002)
Fugitive Dust Control at Construction Sines
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 VIII were adopted in 2001 and became
effective May 15, 2002. The following dust control and administrative requirements are
applicable at construction sites:
Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity
during periods when soil is being disturbed by equipment or wind at any time. Dust control
may be achieved by means of applving 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 anobject by 20%.
Soil stabilization. Soil stabilization is required at any construction site after normal working
hours and on weekends and holidays. This requirement also applies to inactive
construction areas such as phased projects where disturbed land is left unattended.
Applying water to form a visible crust on the soil is an effective method for stabilizing a
disturbed surface area. Long-term methods include applying dust suppressants or
establishing vegetative cover. Restricting vehicle access from the area will help to maintain
a stabilized surface. Information regarding stabilization standards and test methods are in
Rule 8011 — General Requirements.
Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and
Trackout. Carryout and trackout are materials adhered to vehicle tires and transport
vehicles carried from a construction site and deposited onto a paved public road. Should
carryout and trackout occur, it must be cleaned up at least daily, and immediately if it
extends more than 50 feet from the exit point onto a paved road. The recommended clean-
up methods include manually sweeping, sufficiently wetting the area prior to mechanical
sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry
sweeping with any mechanical device other than a PM10-efficient street sweeper is
prohibited.
Northern Region Office Central Region Office Southern Region Office
4230 Kiernan Avenue, 5ulle 1.30 1990 East Gettysburg Avenue 2700"tvl" Street, Suite. 27.';
Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2370
(209) 557-6400 P FAX (209) 557-6475 (559) 230-6000 o FAX (559) 230-6062 (661) 326-6900 ♦ FAX(661) 326-6985
Access and Haul Roads. Dust control is required on all unpaved access and haul roads,
and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 —
Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Storage Piles and Bulk Materials. The handling, storage, and transportation requirements
for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include:
applying water as materials are handled, stabilizing or covering stored materials, and
installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a
freeboard six inches or greater, covering haul trucks, or applying water to the top of the load
are options for reducing VDE from vehicle transportation of bulk materials.
Demolition. Wetting of the exterior of a building to be demolished is required. Demolition
debris and the area around the demolition must also be controlled to limit VDE. Cleaning
up carryout and trackout must be completed according to Rule 8041. Demolition activities
are also subject to the District's asbestos rule, Rule 4002—National Emission Standards for
Hazardous Air Pollutants.
Dust Control Plans.. For large construction projects, Rule 8021 requires the owner or
contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to
commencing construction activities. This requirement applies to projects that include 40 or
more acres of disturbed surface area or will involve moving more than.2,500 cubic yards per
day of material on at least three days during the project.
Record keeping. All sites subject to the regulation that employ dust control measures must
keep records for each day any dust controls are used. The District has developed record
keeping forms for water application, street sweeping, and for "permanent" controls such as
applying long term dust palliatives, vegetation, ground cover materials, paving, or other
durable materials. Pursuant to Rule 8011, records must be kept for one year after the.end
of dust generating activities.
Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation
VIII requirements. The following exemptions in Rule 8021 apply to construction activities:
• Blasting activities
• Maintenance and remodeling of existing buildings if the addition is less than 50% of
the size of the existing building or 10,000 square feet. These activities, however, are
subject to the District's asbestos rule, Rule 4002.
• Additions to single family dwellings
• Mowing, disking or other weed control on sites less than '/� 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.