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HomeMy WebLinkAboutT-5205 - Conditions of Approval - 4/12/2006 city of C'�C�lll►�a�l/, Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8003 FAX (559) 488-1020 June 27, 2005 Please reply to: Mike Sanchez (559) 621-8040 Mr. Jeff Roberts 1396 West Herndon Avenue #101 Fresno, California 93711 Dear Mr. Roberts: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING TENTATIVE TRACT MAP NO. T-5205 AND CONDITIONAL USE PERMIT NO. C-04-153 FOR PROPERTY LOCATED BETWEEN EAST COPPER AVENUE, NORTH FRIANT ROAD, AND NORTH WILLOW AVENUE The Fresno City Planning Commission conducted a duly noticed public hearing on November 3, 2004, to consider Vesting Tentative Tract Map No. T-5205 and Conditional Use Permit No. C-04-153 for property located between North Friant Road, North Willow Avenue and East Copper Avenue. These applications relates to the proposed development of a 829-lot single family subdivision with 45 outlots on 574 acres of property. In addition, the conditional use permit requested reduced setbacks and lot sizes for all but 167 lots of the 829 lot subdivision. Following a full and complete hearing, the Planning Commission adopted Resolution No. 12111 and 12112, relating to the above applications as follows: 1. ADOPTED Planning Commission Resolution No. 12111 that approves Conditional Use permit No. C-04-153 which requested reduced lot sizes and setback requirements for all but 167 of the 829 lots of Vesting Tentative Tract Map No. T-5205. 2. Adopted Planning Commission Resolution No 12112 that approves Vesting Tentative Tract Map No. T-5205 which requested the creation of a 829-lot single family subdivision with 45 outlots that would used for landscaping, open space, trails, commercial and multiple family development Please be advised that the Conditions of Approval, originally dated November 3, 2004, have been amended to reflect the resolving of various issues raised by the applicant as spelled out in Exhibit A of Planning Commission Resolution No.•12112. The Conditions of Approval dated November 3, 2004, revised June 24, 2005, are the official conditions of record for Vesting Tentative Tract Map No. T- 5205. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Jeff Roberts Conditional Use Permit No. C-05-153 Vesting Tentative Tract Map No. T-5205 Page 2 September 23, 2005 Sincerely, PLANNING DIVISION *0� Mike Sanchez Supervising Planner KAMaster Files-2004\-Rezone\R-05-11-MS\Final Action Letter.wpd Enclosures: Planning Commission Resolution Nos. 12111, 12112 c: JAF FRESNO CITY PLANNING COMMISSION - RESOLUTION NO. 12111 The Fresno City Planning Commission at its regular meeting on November 3, 2004, adopted the following resolution relating to Conditional Use Permit Application No. C-04-153. CONDITIONAL USE REQUESTED: Request for reduced setbacks and lot sizes for a proposed 829-lot single family residential subdivision. The reduced requirements would apply to all but 167 lots of Vesting Tentative Tract Map No. 5205. PROPERTY LOCATION: 579-070-02, 03, 07,18,82,94 PROPERTY DESCRIPTION: The north side of East Copper Avenue between North Friant Road and North Willow Avenue EXISTING/PROPOSED ZONING: R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditional zoning)and R-1-EA/UGM/cz(Single Family Residential/Expressway Overlay/Urban Growth Management/conditional zoning) WHEREAS, Copper River Ranch has filed a conditional use permit to request reduced setbacks and lot sizes for Vesting Tentative tract Map No. 5205; and, WHEREAS, October 11, 2004 the Northeast Plan and Implementation Committee unanimously recommended that the conditional use permit be approved; and, WHEREAS, the Fresno City Planning Commission during its November 3, 2004, meeting, reviewed and considered the subject conditional use permit application relative to the staff report and the Mitigated Negative Declaration pursuant to the Project Environmental Impact Report No. 10126, prepared for the Copper River Ranch Project dated September 29, 2004, issued for the project. 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 Conditional Use Permit Application No. C-04-153 may have a significant effect on the environment as identified by the Mitigated Negative Declaration pursuant to the Project Environmental Impact Report No. 10126, prepared for the Copper River Ranch Project dated September 29, 2004, issued for the project. BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. BE IT FURTHER RESOLVED that Conditional Use Permit Application No.C-04-153 is approved,subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in substantial conformance with Exhibits A-1 through A-6 dated June 30, 2004. Planning Commission Resolution No. 12111 Conditional Use Permit Application No. C-04-153 Page 2 November 3, 2004 2. Development shall take place in accordance with the Conditions of Approval for Conditional Use Permit Application No.C-04-153 dated November 3, 2004 and all exhibits therein. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang,seconded by Commissioner Kissler. VOTING: Ayes - Vang, Kissler, Cherry, DiBuduo, Vasquez, Brand Noes - None Not Voting - None Absent - None DATED: November 3,2004 NICKYOVINO, Secretary Fresn City Planning Commission Resolution No. 12111 Conditional Use Permit Application No. C-04-153 Filed by Copper River Ranch Action:Approve with conditions as noted above K:\Master Files-2003\Copper River Ranch Development\CPC Reso-c-04-153.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12112 The Fresno City Planning Commission at its regular meeting on November 3, 2004, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,a Vesting Tentative Map of Tract No. 5205 was filed with the City of Fresno by Copper River Ranch,and proposes a 829-lot single-family residential subdivision with 45 outlots on 574 acres of land located on the north side of East CopperAvenue between Friant Road and Willow Avenue;and, WHEREAS, the Northeast Area Plan and Implementation Committee recommended approval of the proposed project on October 11, 2004;and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on November 3, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS,the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated November 3,2004;and, WHEREAS,the project applicant stated that there was agreement with all but 18 of the 191 conditions of approval for Vesting Tentative Tract Map No.T-5205 as listed on the attached Exhibit A;and, WHEREAS, the Director of the Planning and Development Department will inform the Planning Commission when resolution of the said 18 items have been resolved;and, WHEREAS, the Fresno City Planning Commission,through Resolution No. 12111, hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No.5205 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated September 29,2004,prepared for Environmental Assessment No.R-04-13/T-5285. NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No.5205 subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the Woodward Park Community Plan, and the findings required pursuant to Section 66410 et.seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5205 subject to the Planning and Development Department Conditions of Approval dated November 3, 2004. BE IT FURTHER RESOLVED that the Fresno City Planning Commission approval is contingent upon the project applicant and city staff resolving those issue listed in the attached Exhibit A prior to submittal of any Final Map for the Copper River Ranch Project. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Kissler. VOTING: Ayes - Vang, Kissler, Cherry, DiBuduo,Vasquez, Brand Noes - None Not Voting - None Absent - None Planning Commission Resolution No. 12112 Vesting Tentative Tract Map No. 5205 Page 2 - November 3, 2004 DATED: November 3,2004 NICt. VINO, Secretary Frenning Commission Resolution No. 12112 Vesting Tentative Tract Map No.5205 Filed by Copper River Ranch Action:Approve K waster Files-2003\Copper River Ranch DevelapmentsPC Reso-T-5205.wpd EXHIBIT A Vesting Tentative Tract Map No.T-5205 Conditions of Approval (still under consideration) 11. Expressway Standards for Friant Road 12. Sound Wall Standards for Friant Road 35. UGM Park Fees 41. Street Signs 52. Street Lighting Standards 55. Street Signs 64. Bus Bay Locations 68. Curbing Detail on Maple Avenue 76. Bus Bay Locations 120. Right Turn at Copper and.Willow Avenues 121. Left Tum Access to Commercial Properties 122. Left Turn Lane at Copper and Willow Avenues 127. Emergency Access Detail 129. Multi-Purpose trail Credit 152. UGM Fees for Sewer 172. Cul-de-sacs and Trash Service 173. Street Widths for Private Streets 191. UGM Fees for all Services city Of ui, REPORT TO THE PLANNING COMMISSION �M'1 AGENDA ITEM NO. VII-A 14 COMMISSION MEETING 11-3-04 November 3, 2004 APPROVED BY FROM: STAFF, Planning Division 1✓' v Planning and Development Department DEPARTMENT DIREAR Jl/CK �1/o,V4 SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-04-153, VESTING TENTATIVE TRACT MAP NO. 5205/UGM, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. C-04-153/T-5205 EXECUTIVE SUMMARY Conditional Use Permit Application No. C-04-153 and Vesting Tentative Tract Map No. 5205/UGM pertain to 574 acres of property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. Conditional Use Permit Application No. C-04-153 will establish modified property development standards for Vesting Tentative Tract Map No. 5250/UGM with respect to the lot sizes and yard requirements for the single family residential lots to be established and constructed by this project. The special permit also provides a mechanism for establishing a project design theme that will be expressed through a unified approach to landscaping, signage, street furniture and lighting, community trails and architectural features. The conditional use permit and tract map also provide the mechanisms for constructing and maintaining community features (such as trails and common landscaped areas), the provision of public utilities and service systems (such as sanitary sewer, water supply systems, water well sites, streets), the performance of adopted environmental impact mitigation measures, and implementation of urban growth management service delivery requirements. The special permit also provides notice that project objectives (such as promoting use of neighborhood electric vehicles) or changing conditions during the time period of the project's multi- phased implementation may necessitate the reallocation or shifting of residential densities (dwelling units per acre), introduction of mixed-use development concepts (residential, office, commercial integrated within a single site), modification of vehicle parking requirements for commercial uses, and use of innovative street designs. Vesting Tentative Tract Map No. 5205/UGM proposes to subdivide the entire 574-acre site into an 829-lot single family subdivision that will be developed in 8 single family villages with 45 outlots for multiple family residential development, open space, and commercial development. The overall Copper River Ranch will be developed in four phases. The project as described herein will comprise the first two phases of the project. The entitlements are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan. In addition, the entitlements incorporate the mitigation measures as spelled out by Final EIR No. 10126 prepared for the Copper River Ranch Project. PROJECT INFORMATION PROJECT An 829-lot single family residential subdivision on approximately 213 acres (gross) of property to be developed at an overall density of 3.89 dwelling units per acre APPLICANT Copper River Ranch (Engineer: Provost and Pritchard) LOCATION The north side of East Copper Avenue between North Friant Road and North Willow Avenue (Council District 6, Councilmember Duncan) REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 2 SITE SIZE 574 acres total for Phases 1 and 2 829 lots cover approximately 231 acres LAND USE Existing - Vacant/Agricultural/Copper River County Club and Golf Course Proposed - Single Family Residential ZONING Existing - R-1/UGM/cz (Single Family ResidentiaUUrban Growth Management/conditional zoning) and R-1/EA/UGM/cz (Single Family ResidentiaUExpressway Overlay/Urban Growth Managemendconditional zoning) PLAN DESIGNATION Proposed R-1/UGM/cz and R-1/EA/UGM/cz zone districts and the AND CONSISTENCY 829-lot single family residential subdivision are consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan designation of the site for medium density residential planned land use ENVIRONMENTAL Mitigated Negative Declaration issued on September 29, 2004 FINDING PLAN COMMITTEE On October 11, 2004, the Northeast Area Plan and Implementation RECOMMENDATION Committee voted to recommend approval of the conditional use permit and vesting tentative tract map applications by a vote of 3to0 STAFF Recommend approval of the conditional use permit application and RECOMMENDATION approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5205/UGM dated November 3, 2004 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Agriculture (County) AE-20(County) Agriculture and Exclusive Twenty Acre Agricultural Rural Residential South Medium-Low Density R-1/UGM (Pending) Proposed Single Family Residential Single Family ResidentiaUUrban Growth Subdivision Management East Agriculture (County) AE-20(County) Agriculture and Exclusive Twenty Acre Agricultural Rural Residential West Multi Use Open Space AE-20/UGM Agriculture and Exclusive Twenty Acre AgriculturaUUrban Rural Residential Growth Management ENVIRONMENTAL FINDING Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. The proposed project has been evaluated with respect to the adopted mitigation measures of EIR No. 10126 prepared for the Copper River Ranch Project and the provisions of the adopted 2025 Fresno General Plan (City Council Resolution No. 2002-379) and the corresponding REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 3 potential -adverse environmental impacts, adopted environmental impact mitigation measures and determinations of overriding considerations established by the certification of the related Master Environmental Impact Report (MEIR) No. 10130 (City Council Resolution No. 2002-378). The proposed project has been determined to not be fully within the scope of EIR No. 10126 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Based upon an analysis of the project, as summarized in the following environmental assessment initial study, it has been determined that the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. However, these potential impacts have been determined to be equivalent to or less than those adverse impacts identified by EIR No. 10126. It has been further determined that all applicable mitigation measures of EIR No. 10126 along with appropriate mitigation measures from MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by EIR No. 10126 as provided by CEQA Section 15178(a). Therefore, it has been determined that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). BACKGROUND/ANALYSIS On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan, which also updated the Woodward Park Community Plan. Following the adoption of the 2025 Fresno General Plan, Plan Amendment Application No. A-01-11 was approved which expanded the boundaries of the Woodward Park Community Plan to include the Copper River Ranch project area. This amendment also modified planned uses for portions of the Copper River Ranch while retaining the over-all development capacity allocated by the 2025 Fresno General Plan. The subject property covered by Conditional Use Permit Application No. C-04-153 and Vesting Tentative Tract Map No. 5205/UGM has been designated for medium-low density residential and medium density residential planned land uses by Plan Amendment No. A-01-11. The entire Copper River Ranch area has been formally annexed to the City of Fresno in March 2004. Conditional Use Permit Application No. C-04-153 and Vesting Tentative Tract Map No. 5205/UGM pertain to 574 acres of property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. Conditional Use Permit Application No. C-04-153 will establish modified property development standards for Vesting Tentative Tract Map No. 5250 with respect to the lot sizes and yard requirements for the single family residential lots to be established and constructed by this project. The special permit also provides a mechanism for establishing a project design theme that will be expressed through a unified approach to landscaping, signage, street furniture and lighting, community trails, and architectural features. The conditional use permit and tract map also provide the mechanisms for constructing and maintaining community features (such as trails and common landscaped areas), the provision of public utilities and service systems (such as sanitary sewer, water supply systems, water well sites, streets), the performance of adopted environmental impact mitigation measures, and implementation of urban growth management service delivery requirements. The special permit also provides notice that project objectives (such as promoting use of neighborhood electric vehicles) or changing conditions during the time period of the project's multi-phased implementation may necessitate the reallocation or shifting of residential densities (dwelling units per acre), introduction of mixed-use development concepts (residential, office, commercial integrated within REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 4 a single site), modification of vehicle parking requirements for commercial uses and use of innovative street designs. Vesting Tentative Tract Map No. 5205/UGM proposes to subdivide the entire 574-acre site into an 829-lot single family subdivision that will be developed in 8 single family villages with 45 outlots for multiple family residential development, open space, and commercial development. The tract map will create the multiple family and commercial lots as a part of the master planned development concept but will not provide the site specific development plans or modified development standards for these parcels. The waiver of, or deviation from, property development standards will be evaluated on a case-by-case basis as site specific special permits are submitted. The overall Copper River Ranch project is expected to occur in four development phases. The project as described herein will comprise the first two phases of the project. The first two project development phases include eight single family residential villages consisting of both conventional lots and non-clustered planned development lots (reduced lot width, depth and area). These villages are briefly described below. Village A is 28.44 acres in area, is presently zoned R-1/EA/UGM/cz (Single Family Residential/ Expressway Area/Urban Growth Management/conditional zoning), and is designated for medium density residential land uses (4.99 to 10.37 dwelling units per acre). This development will consist of a 133-lot conventional single family subdivision to be developed at a density of 4.7 units per acre and is also requesting reduced setbacks of 15 feet (front yard) and four feet (side yard). Village B is 41.94 acres in area, is presently zoned R-1/EA/UGM/cz (Single Family Residential/ Expressway Area/Urban Growth Managemenbconditiona/ zoning), and is planned for medium-low density residential land uses (2.19 to 4.98 dwelling units per acre). This development consists of a 167-lot conventional single family subdivision to be developed at a density of 4.0 dwelling units per acre is also requesting reduced setbacks of 15 feet (front yard) and 4 feet (side yard). Village C is 18.77 acres in area, which includes Outlots T, U, and V, is presently zoned R-1/UGM/cz (Single Family Residential/Urban Growth Managemenbconditiona/zoning) and is planned for medium- low density residential land uses and will consist of a 114-lot single family subdivision to be developed at density of 6.1 dwelling units per acre that will feature reduced lot sizes. These lots will average less than 60 feet in width and range from 90 feet to 120 feet in depth. This village will also feature reduced setbacks of 10 feet (front), 10 feet (rear) and 4 feet (side). Outlots T, U, and V will act as landscape, trail, and flood control easements. Village D is 36.21 acres in area, which includes Outlots R, S, CC, and DD, is presently zoned R-1/UGM/cz (Single Family ResidentiaUUrban Growth ManagemenNconditional zoning) and designated for medium-low density residential land uses and will consist of an 86-lot custom single family subdivision to be developed at a density of 2.4 dwelling units per acre. This subdivision will have standard setback requirements with lots sizes ranging from, 10,000 to 18,000 square feet. Outlots R, S will serve as landscape and flood control easements while outlots CC and DD will act as private roads. Village E is 26.71 acres in area, which includes Outlot W, is currently zoned R-1/UGM/cz (Single Family ResidentiaUUrban Growth ManagemenUconditiona/ zoning) and is designated for medium low density residential land uses and will consist of a 64-lot custom single family subdivision to be developed at a density of 2.4 dwelling units per acre. This subdivision will have standard setback requirements with lot sizes ranging from 10,000 to 18,000 square feet. Outlot W will consist of landscape open space. REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 5 Village F is 13.09 acres in area, which includes Outlots F, I, AA, BB, QQ, RR, and WW, is zoned R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditional zoning) and is designated for medium density residential land uses and will consist a 17-lot custom single family subdivision to be developed at a density of 1.3 dwelling units per acre. This village will have standard setbacks with lot sizes ranging from 12,500 to over 20,000 square feet. Outlots AA and BB will serve as private roads while Outlots F, 1, QQ, RR, and WW will be developed as landscape/open space features, trail connections, or part of the golf course transition area. Village G is 32.80 acres in area, is currently zoned R-1/EA/UGM/cz (Single Family Residential/Urban Growth Management/Expressway Area/conditional zoning) and is planned for medium-low density residential land uses and will consist of a 220-lot single family subdivision to be developed at 6.7 dwelling units per acre that will feature reduced lot sizes. These lots will average less than 60 feet in width and range in depth from 88 to 100 feet. The subdivision will also feature reduced setbacks of 10 feet (front yard), 10 feet (rear yard), and 4 feet (side yard). Village H is 14.92 acres in area, which includes Outlots D, H, and K, is zoned R-1/EA/UGM/cz (Single Family Residential/Expressway Area/Urban Growth Management/conditional zoning)and designated for medium-low density residential land uses and will consist of a 29-lot custom single family subdivision top be developed at a density of 1.9 dwelling units per,acre. This subdivision will feature reduced setbacks of 15 feet (front yard) and 4 feet (side yard) and range in lot size from 10,000 to 18,000 square feet. Outlot D will function as a water well site with outlots H and K serving as open space/landscape features. The residential densities for Villages B, D, and E are within the density ranges of their respective residential land use designations. Densities for Villages A, C, F, G, and H do not meet the density requirements of their respective land use designations. However, the overall "blended density' equates to 3.89 units per acre, which is within the medium-low density residential planned land use designation. The medium-low density residential land use designation is the predominate land use designation for single family development within the Copper River Ranch Project. Conditional Use Permit Application No. C-04-153 will act as a master conditional use permit for Vesting Tentative Tract Map No. 5205/UGM which will permit the shifting of dwelling unit per acre residential densities for the single family residential villages within the phase I and phase 11 portions of the project area. Since the project applicant has not yet submitted'specific site development plans for the multiple family residential portions of the project, the transfer or reallocation of residential densities is not being evaluated with this special permit and will necessitate the filing of a separate conditional use permit. The Copper River Ranch project has a development restriction that limits the ultimate development to a total of 2837 residential dwelling units (including both single and multiple family residential dwelling units) to be accommodated within the four project phases. The development entitlements presently being considered will cover the first two phases of the project with a residential development component of 829 single family dwellings and 1244 multiple family dwellings. The project is projected at completion to develop 1084 single family residential dwelling units at a density of 3.6 dwelling units per acre and 1753 multiple family dwelling units at a density of 8.8 dwelling units per acre. The remaining 45 outlots of the project will create parcels for commercial, multiple family, open space and landscape transition areas as well as for public facilities. Specifically there will be four outlots dedicated for water wells (1.14 acres); one lot for a tertiary wastewater treatment facility (3.30 acres); one outlot for a public park (2.60 acres); one outlot for a park and ride facility (.37 acres); six parcels for future commercial development (32.78 acres); four outlots for future multiple family residential (59.53 acres); one lot for a future planned unit development (16.49 acres); four outlots dedicated for private REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 6 roads (7.24 acres); seven outlots that will serve as a landscaped transition zone for the golf course (.62 acres); and 16 lots will serve as landscape buffers and transition areas between land uses (2.74 acres). Surrounding land uses are characterized by agriculture and rural residences to the north and east. To the west lies agriculture uses or open space uses and the Lewis Eaton Trail and developing single family residential subdivisions to the south. Northeast Area Plan and Implementation Committee The Northeast Area Plan and Implementation Committee considered this project at its meeting of October 11, 2004, and resolved to recommend approval by a vote of 3 to 0. Conditional Use Permit Application No. C-04-153 Conditional Use Permit Application No. C-04-153 and Vesting Tentative Tract Map No. 5205/UGM pertain to 574 acres of property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. Conditional Use Permit Application No. C-04-153 will establish the property development standards for Vesting Tentative Tract Map No. 5205/UGM. As described above, the conditional use permit provides an overall design guideline and process for the development of a master planned neighborhood consisting of a range of residential, commercial, public facility, open space, and recreational uses and improvements. The analysis of Conditional Use Permit Application No. C-04-153 is focused primarily to the creation of 829 single family residential lots within the 8 village areas. These residential villages provide a wide range of residential lot sizes and neighborhood environments (including both gated and non-gated vehicular access) with several types of street, sidewalk, and landscape buffer design styles. This special permit provides the opportunity to utilize modified building setback or yard area standards throughout the entire project including within the villages that feature standard or larger size residential lots. This special permit sets the parameters for a master planned neighborhood (including a project specific environmental review committee) within which the future site-specific designs for multiple family and commercial properties must conform to the guiding design principles and guidelines. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-3 a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features. Finding a: The applicant is proposing an 829-lot single family subdivision, many of which will contain reduced lot sizes and dimensions as well as private roads. In addition, the applicant will be required to provide adequate landscaping, parking, fences, trash enclosures, street trees, etc. Staff is recommending approval subject to the applicant compliance with the conditions of project approval. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. Finding b: The Public Works Department, Traffic Division has indicated that the traffic generated from the proposed project can be accommodated provided that the extensive set of traffic mitigation measures including a complete internal circulation network, together with off-site improvements to Friant Road and Copper Avenue as well as traffic signalization at several intersections are implemented. These required mitigation measures are spelled in detail in the Conditions of Approval. REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 7 c: The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses that are subject to the provisions of Section 12-306-N-30 of this Code. Finding c: Upon completion of review of comments received by affected parties regarding the proposed project and based upon information contained within the project application, the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. Urban Services The Public Utilities Department has required a host of sanitary sewer and water requirements for this project. These conditions are listed in detail in the memorandum dated August 19, 2004. It should be noted that the project applicant is proposing a tertiary wastewater treatment facility within the Copper River Ranch project that will ultimately accommodate all wastewater flow from this project. The first 500 single family units will pumped through an existing lift station and transported to the regional wastewater facility west of the city. The proposed wastewater treatment facility is expected to be permitted and online prior to the completion of the 501 single family dwelling unit. The applicant is showing four potential well sites for this project. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The developer will be required to construct FMFCD "Master Plan facilities" as determined by the district in the letter dated September 24, 2004. Fire Station 21 is located at Millbrook and Olympic and is within three miles of the subject property. The project applicant shall comply with all fire requirements as detailed in the memorandum dated October 28, 2004. .The project applicant shall also comply with the requirements from Department of Public Utilities as stated in its letter dated July 28, 2004. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, which will be dedicated to the City of Fresno. The applicant also must dedicate a water supply and treatment site for installation of an above-ground water storage and treatment facility that will be installed and/or constructed by the City. Circulation Element Plan Policies and Major Street System Traffic Capacity 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 Environmental Impact Report No. 10126 and project specific mitigation measures. The 2025 Fresno General Plan designates North Friant Road as an expressway and Copper Avenue as an four-lane arterial that will have a median island with a multi purpose trail on the north side of Copper Avenue. Friant Road is an expressway that will be widened to four lanes. This project will dedicate and construct the necessary improvements along Copper Avenue and Friant Road. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; REPORT TO THE CITY COUNCIL. Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 8 construction of an underground street lighting system; and relinquishment of access rights to Friant Road, Copper, Cedar and Maple Avenues as well as those lots that back onto the interior collector streets of the tract. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5205/UGM Conditions of Approval dated November 3, 2004. It should be noted that the Copper River Ranch EIR No. 10126 requires a host of mitigation measures with respect to traffic that will be constructed by the project applicant. It is likely that all street improvements will be constructed prior to any formal site plan submittal for the any commercial or multiple family project. At the present time Copper Avenue is being realigned at this intersection and will be fully developed. The applicant is expected to contribute their fair share portion to the signalization of Friant Road and Copper Avenue. Friant Road widening from two to four lanes is scheduled to be constructed by the County. As required by the mitigation measures established by the certification of EIR No. 10126, a traffic assessment, was prepared by TPG Consulting to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and associated computer software together with the Council of Fresno County Governments' (COG) computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The traffic analysis determined that the proposed future development of a 829-lot single family residential subdivision on the 212-acre project site can be expected to generate a morning peak hour (7:00 a.m. to 9:00 a.m.) or 622 vehicles trips per day (VTD) and an evening peak (4:00 p.m. to 6:00 p.m.) of 838 VTD. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. It should be noted that the project applicant and Caltrans have entered into an agreement for the voluntary payment of traffic mitigation fees of $700,000. (See letter dated June 29, 2001.) This fee amount represents the complete obligation for the Copper River Ranch project toward the State Highway System. Streets and Access Points This subdivision is proposed to have access from North Friant Road, approximately one-quarter mile north of the Friant Road/Copper Avenue intersection. In addition, access will be available from Copper Avenue at Cedar and Maple Avenues for the first two phases. There will also be an access point from Millbrook Avenue but it will be limited to the future multiple family development. The Public Works Department, Transportation Planning Section has reviewed the tentative tract map application. They have also reviewed the Traffic Impact Study dated September 2004 prepared by TPG Consulting. Public Works staff has determined that numerous traffic mitigation measures shall be imposed as a condition of approval for this project. The two memorandums dated October 26, 2004, regarding the REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 9 Copper River Ranch identify specific project related street conditions associated with development of the single family residential lots within the first two phases of the Copper River Ranch Project. Landscaping/Walls Given that the proposed subdivision abuts a planned expressway (Friant Road) and a planned arterial street (Copper Avenue), the developer will be required to install 20- to 26-foot wide landscaped areas along Friant Road and a 20-foot wide landscape setback along East Copper Avenue which will be use together with a portion of the street right-of-way to accommodate a 30-foot wide multi-purpose trail area. The EA (Expressway Overlay) zone suffix will be applied to those lots abutting Friant Road, which requires that a solid wall with a minimum height of 8 feet (a 12-foot height has been required by an acoustical analysis) be located 50 feet from the center of the nearest travel lane. The standard also requires a minimum 75-foot building setback from the center of the nearest travel lane that will be applied to this project. In addition, the applicant will be required to construct an 8-foot solid wall along the Copper Avenue and North Friant Road, which may be used in combination with a berm. The wall will mitigate the adverse effect of noise generated by traffic traveling along Friant Road and Copper Avenue, as recommended by the acoustical analysis prepared by Brown-Buntin and Associates, dated June 11, 2003. All internal walls backing onto public streets shall be six feet in height with a 10-foot landscape setback. 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 except those lots in Villages C and G. In addition, all lots meet or exceed the minimum lot width (60 feet) and depth (100 feet) as required by the R-1 zone district, again, with the exception of those lots in Villages C and G. 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, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if 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 Woodward Park Community Plan designates the site for medium-low density residential and 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. REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 10 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 insure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5205/UGM dated June 30, 2004, and the Conditions of Approval for T-5205/UGM dated November 3, 2004. 2. Development shall take place in accordance with Exhibits A-1 through A-6 dated June 30, 2004. Action by the Planning Commission regarding the conditional use permit and vesting tentative tract map are final unless appealed to the City Council, is final. REPORT TO THE CITY COUNCIL Conditional Use Permit Application No. C-04-153 Vesting Tentative Tract Map No. 5205/UGM November 3, 2004 Page 11 CONCLUSION / RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No. C-04-153/T-5205 dated September 29, 2004. 2. APPROVE Conditional Use Permit Application No. C-04-153 that proposes reduction in property development standards for certain lots within Vesting Tentative Tract Map. No. 5205/UGM. 3. APPROVE Vesting Tentative Tract Map No. 5205/UGM subject to compliance with the Conditions of Approval dated November 3, 2004. Attachments: Vicinity Map Vesting Tentative Tract Map No. 5205/UGM dated June 30, 2004 Approved Land Use Designations Approved Zone Districts Circulation System for Copper River Ranch Regional and Project Trail Systems Project Villages Density Matrix Conditions of Approval for T-5205/UGM dated October 27, 2004, including letters from Parks Division (1/12/04), Public Works Dept.- CFD2 Requirements (8/18/04), Public Works- Traffic (10/26/04), Public Utilities (8/19/04), Fresno Metropolitan Flood Control District (9/24/04), San Joaquin Valley Air Pollution Control District (7/15/04), and Clovis Unified School District (11/25/04) Letters from Caltrans dated October 7, 2004, July 14, 2004, and October 19, 2001 Environmental Assessment No. R-04-32/T-5290 (finding of a Mitigated Negativ( Declaration) issued on August 24, 2004 xx i/ rr//' r /r VIMan LL !� J PSP pp 4 LEGEND Subject Property t U.G M.Area "CINITY ►'IAP PLANNING & DEVELDPMEM N (DEPARTMENT CONDITIONAL USE PERMIT NO. C-04-153 VESTING TENTATIVE TRACT MAP NO. T-5205/UGM. W _C E. A.P.N.: 579-070-02:03.07.18.82.94 ZONE MAP: 1352 North of Copper Ave., East of Friant Rd. NOT TO SCALE BY/DATE: J.S. / 10-8-04 AREA IN E OUTLOT USE SO FT ZONE I0GPUBLIC FACILITY- WELL ATE 11,000 R-3EAUCY WELL STE 11,000 R-2EAUGM WELL STE 11,970 R-2EAUCM WELL SITE 13,844 R-2EAUGM E. UNE OPEN SPACE - PUSUC PARK 113,519 0-UCM SEC. 11-12-20 OPEN SPACE -LANDSCAPE t PEDESTRIAN TRAIL 6,143 R-IUGM FUTURE COMMERCIAL 80,605 C-5UGMEA H OPENSPACE-LANDSCAPE 22,852 R-1UGY I OPENSPACE- LANDSCAPE 6,917 R-IUGM N. LINE OPEN SPACE-LANDSCAPE 15,457 R-IUCM K OPEN SPACE -LANDSCAPE 13,873 R-IUGM SEC. 12-12-20 OUTLOT C L OPEN SPACE-FUTURE MEDIUM DENSTY RESIDENTIAL. 504.894 R-2UGM WELL SITE M OPEN SPACE-FUTURE HIGH DENSITY RESIDENTIAL 987,055 R-3EAUGM N OPEN SPACE -FUTURE MEDIUM DENSITY RESIDENTIAL 513,811 R-2EAUCM 0 OPEN SPACE- FUTURE COMMERCIAL 43,734 C-1UGM(") P OPEN SPACE-FUTURE MEDIUM DENSITY RESIOENTAL 740,731 R-2EAUGM OUTLOT K 0 OPEN SPACE- FUTURE PLANNED UNIT DEVELOPMENT 718.310 R-IUGM R OPEN SPACE -LANDSCAPE 3,026 R-IUGM S OPEN SPACE-LANDSCAPE,FLOOD CONTROL BREAKOVER CHANNEL 5,401 R-IUGM T OPEN SPACE-LANDSCAPE,PEDESTRIAN TRAIL FLOOD CONTROL DREAKOVER 5,836 R-1UGM U OPEN SPACE-LANDSCAPE,FLOOD CONTROL BREAKOVFA CHANNEL 3.762 R-IUCM V OPEN SPACE- LANDSCAPE 4,719 R-IUCM W OPEN SPACE-LANDSCAPE 3,308 R-1UCM AA PRIVATE ROAD 52.056 R-TUGM BB PRIVATE ROAD 132,548 R-IUGM CC PRIVATE ROAD 148,451 R-1UGM DO PRIVATE ROAD 85,530 R-1U111 .._ _._....EE_,—FU7VRE-PUDUG-FAGR4TY—TY -t RIDE --- '6177---P�UCM-(P�ah9) SECTION UNE FF FUTURE COMMERCIAL 91,158 C-IEAUGM(p-dhq) GC WASTE WATER TREATMENT FACILITY 143.823 AE-SUCY Cv HH FUTURE COMMERCIAL 492,387 ` 6 FUTURE COMMERCIAL 104826 c-22UUCCMM JJ FUTURE COMMERCIAL 611.432 C-2UGM 00 OPEN SPACE-LANDSCAPE 7,456 R-IUGM RR OPEN SPACE-LANDSCAPE 11,957 R-1UGM OUTLOT J C CUTLOT C WELL SITE No. UNE SEC. 11 OUTLOT Pf�/ 6T 0: p OUTLOT El i r R` AUGM OUTLOT S..`: WELL SITE . .._ 2 ! 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N I { { N 9 ^am 0 _as X �m W X W •/Y(]�Y L1NIS}p lIIYOM U = o U z w W r r CL N/ O /� 1 LJ.. L_�/ i �k f' ) Cf LL J Z U � � rT w � 0 o � 4 �IWNY 1100ifTV11 Ml1RIM Z W w d a O q N o U) O Z WLLJ ?' _o 0 � Z ZW � 4'i Q Up Q W LL Q LO o O � a a Z W o W J , c 0�111111111 -- 1 0 Conditions of Approval for Vesting Tentative Tract No. 52051UGM and Conditional Use Permit Application No. C-04-153 Copper River Ranch Project Planning Commission Hearing November 3, 2004 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL November 3, 2004 VESTING TENTATIVE TRACT MAP NO. 5205/UGM North side of East Copper Avenue between North Friant Road and North Willow Avenue 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. 5205/UGM entitled Exhibit "A" through Exhibit"M"dated June 30, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. All streets within the subdivision boundaries will be private streets. The City of Fresno may accept the dedication of public street right-of-way within the subdivision if alternative public street standards are requested by the subdivider/owner and approved by the City of Fresno. Public utilities easements, as necessary, shall be shown on the Final Map_ and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 3. At the time of Final Map submittal,the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 2 November 3,2004 4. 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. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos.79-606 and No.80-420)and any amendments,modifications,or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval,any public improvements have not been completed and accepted in accordance with the standards of the City,the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish access rights to North Friant Road and to all public streets,as identified on the tentative tract map,within the subdivision from the rear property line of those through(double frontage) lots that abut these streets and which also have frontage on another street in the proposed subdivision. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 10. The property within the proposed tentative tract map shall be annexed to the City of Fresno prior to Final Map approval. LANDSCAPING AND WALLS 11. Provide and construct a 26-foot wide landscaped easement, with irrigation system, together with the 10-foot wide portion of the public street right-of-way between the street curb and the right-of- way line along North Friant Road where an adjacent frontage road is not provided. Construct a solid masonry wall(or approved combination of solid wall and earth berm )with a height of 12 feet, as determined by the acoustical analysis prepared by Brown-Buntin Associates, Inc., dated July 11, 2003, at the rear of the required landscape easement. 12. Provide and construct a 20-foot wide landscaped easement, with irrigation system, together with the 10-foot wide portion of the public street right-of-way between the street curb and the right-of- way line along North Friant Road where an adjacent frontage road is provided. Construct a solid masonry wall (or approved combination of solid wall and earth berm )with a height of 12 feet, as determined by the acoustical analysis prepared by Brown-Buntin Associates, Inc., dated July 11, 2003, at the rear of the required landscape easement. CONDITIONS OF APPROVAL Vesting Tentative Tract No.5205/UGM Page 3 November 3, 2004 13. Provide and construct a 10-foot wide or greater landscaped easement, with irrigation system, together with the adjacent portion of the public right-of-way between the street curb and the right- of-way ling along the side or rear property lines of lots which side-onto or back-onto the designated collector streets within the subdivision as identified on the tentative tract map(if dedicated for public street purposes). A six-foot high masonry wall shall be constructed at the rear of the required landscape easement. (Fresno Municipal Code Section 12-1011-f(3)) 14. Pursuant to 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-h, E-15-1 and E-15-x and in accordance with Policies 3.2.1 and 3.2.2, 3.2.3 and 4.3.1 of the 1990 Master Multi- Purpose Trails Manual,the subdivider/owner shall construct appropriate improvements,or provide appropriate security for, a twelve (12) foot wide concrete bicycle/pedestrian trail, together with landscaping and irrigation system,within the limits of the subdivision along it's southern boundary (north side of East Copper Avenue) . The trail, landscape and irrigation improvements may be accommodated within a portion of the public street right-of-way between the street curb and the right-of-way line, together with an additional landscape and pedestrian/bicycle easement abutting the street right-of-way,to provide a total width of not less than 30 feet. Construct a solid masonry wall (or approved combination of solid wall and earth berm )with a height of 8 feet, as determined by the acoustical analysis prepared by Brown-Buntin Associates, Inc., dated July 11, 2003, at the rear of the required landscape easement. 15. 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. 16. Maintenance of the required landscape easements along public streets as required by conditions of Tract Map No.5205/UGM, may be the responsibility of a Community Facilities District. Contact the Public Works Department, Engineering Services Division staff for information regarding the City's District. 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgements from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 18. Should the City Council not approve the annexation of such landscape areas into Community Facilities District, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants,Conditions,and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review two(2)weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 19. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 4 November 3, 2004 20. 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 (solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code). 21. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The"Right to Farm"covenant shall be recorded prior to or concurrent with the recording of the final map of Tentative Tract No. 5205/UGM. BUILDING SETBACKS 22. Building setbacks shall be in accordance with the R-1 zone district(FMC Section 12-211.5-E), R-2 (FMC Section 12-212.5-E), R-3 (FMC Section 12-213.5-E), C-1 (FMC Section 12-217.5-E), C-2 (FMC Section 12-218.5-E) and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibits "A" through "K" of Vesting Tentative Tract No. 5205/UGM dated June 30, 2004, except as modified by Conditional Use Permit Application No. C-04-153. 23. Reverse corner lot and key lot building setback lines shall be as shown on the appropriate exhibits of Conditional Use Permit No. C-04-153. 24. Building setbacks shall also be in accordance with the provisions of Fresno Municipal Code Section 12-207.5-E-1-c and the provisions of the EA (Expressway Area Overlay District) standards as shown on Exhibit"A"of Tentative Tract No.5205/UGM dated June 30,2004 for those lots abutting North Friant Road (Ref. Section 12-244.4-E of the Fresno Municipal Code). INFORMATION 25. Conditional Use Permit Application No.C-04-153,filed to allow reduced lot area,reduced lot depths and widths,and a reduced yard setbacks for portions of the proposed tract map,shall be approved prior to final map approval. 26. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 27. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 28. Pursuant to Section 66456.1 of the Subdivision Map Act, which states"The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 29. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work,in accordance with Chapter 13 of the Fresno Municipal Code. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 5 November 3, 2004 30. 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. 31. Apportionment of Special Assessment: If,as part of this subdivision,a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law,including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an 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. 32. 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. 33. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 6 November 3, 2004 LANDSCAPE AND PARK SERVICE 34. The subdivider/owner shall comply with the requirements of the attached memorandum from the Parks, Recreation and Community Services Department dated January 12, 2004, for Vesting Tentative Tract No. 5205/UGM. Urban Growth Management Reguirements 35. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 36. The subdivider/owner shall comply with the attached memorandums from the Fire Department dated July 21, 2004. 37. Fire service will be provided by City of Fresno Fire Station No. 21 (temporary location and future permanent location). Provide residential fire hydrants and fire flow per Public Works Standards with two sources of water. 38. Access must be provided as required by the Fire Department's memorandum. Urban Growth Management Requirements 39. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY General Conditions 40. Public street improvements and proportionate share contributions of Final El No. 10126 are made conditions of Vesting Tentative Tract Map No. 5205 unless modified or deferred by a traffic study allowed by Final El No. 10126. 41. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. 42. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 43. Wedge curbing is not approved for streets that are proposed and accepted for public streets. Construct all curb and gutter to Public Works Standard P-5. 44. The tentative tract map exhibits and its accompanying conditional use permit present several non-standard improvements, all of which are approved. All improvements to be installed within public streets shall comply with the current Public Works Standards in effect at the time of construction. CONDITIONS OF APPROVAL Vesting Tentative Tract No.5205/UGM Page 7 November 3, 2004 45. Submit final details for the proposed gated entries prior to approval. 46. Submit final cross sections for the following prior to building permit issuance: a. Maple Avenue b. Friant Road C. Copper Avenue Multi-Purpose Trail (bike, pedestrian and equestrian) d. All mid-block golf cart/electric vehicle (EV) crossings 47. Any work within the County's jurisdiction shall be based on Fresno County Standards. 48. 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. 49. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 50. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 51. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 52. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaries 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. 53. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 54. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. 55. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 8 November 3, 2004 Major Streets Frontage Improvement Requirements North Friant Road : Scenic Expressway 56. Construct concrete curb and gutter to Public Works Standard P-5 within the limits of this development. (no sidewalk) 57. Construct an 80 foot bus bay at the northeast corner of Friant Road and Copper Avenue. 58. Concrete curb and gutter shall be constructed to the City of Fresno's Standard Drawing P-73, complete with a 10 foot monolithic sidewalk. 59. Construct twenty (20) feet of permanent paving within the limits of this development. Construct transition paving, as necessary, based on a 55 mph design speed. 60. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-10 for Expressways. 61. Relinquish direct vehicular access rights to North Friant Road from all lots within this development. East Cogger Avenue: Super Arterial 62. Dedicate an easement for public street purposes per the Director's Determination. Dedicate 23'-27' measured from section line, from Cedar to Chestnut Avenues. 63. Construct concrete curb and gutter to Public Works Standard P-5 within the limits of this development. (No sidewalk. See planning comments for trail requirements) 64. Construct an 80 foot bus bay at the northwest comer of Copper/Cedar, Copper/Maple and Copper/Millbrook. Concrete curb and gutter shall be constructed to Public Works Standard P- 73, complete with a monolithic sidewalk. 65. Construct twenty (20) feet of permanent paving within the limits of this development. Construct transition paving, as necessary, based on a 55 mph design speed. 66. 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. 67. Relinquish direct vehicular access rights to East Copper Avenue from all residential properties within this development. North Maple Avenue: 4-lane w/dual left turns all around NOTE: The following conditions are written to address public street standards. Approval of private street cross-section is subject to submittal of corrected or final plans and cross-sections. 68. If proposed for public street purposes, dedicate a right-of-way width within the limits of this development to meet the current City of Fresno Arterial Standards to accommodate: 4-12' CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 9 November 3, 2004 lanes, 1-12' right turn lane, 2-11' left turn lanes, 2-5' bike lanes, a 5' wide median nose and 10' curb patterns. An additional 2' shall be required adjacent to any medians placed adjacent to the through lanes. The minimum edge of the electrical tower to face of curb clearance shall be 5'. Design speed shall be 45 mph for Maple Avenue. 69. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot commercial pattern. 70. Construct an 80 foot bus bay at the northeast corner of Copper/Maple. Concrete curb and gutter shall be constructed to the Public Works Standard P-73, complete with a 10 foot monolithic sidewalk. 71. Construct twenty (20) feet of permanent paving within the limits of this development. 72. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 73. Relinquish direct vehicular access rights to the southerly 150' of Maple Avenue from all lots within this development. North Cedar Avenue: Collector. 4-lane (to be constructed on both sides) NOTE: The following conditions are written to address public street standards. Approval of private street cross-sections are subject to submittal of corrected or final plans and cross-sections. 74. If proposed for public street purposes, dedicate 94'-110' wide right-of-way for public street purposes, within the limits of this development to meet the current City of Fresno Collector Standards. 75. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 76. Construct an 80 foot bus bay at the northeast corner of Copper/Cedar. Concrete curb and gutter shall be constructed to Public Works Standard P-73, complete with a 10 foot monolithic sidewalk. 77. Construct twenty (20) feet of permanent paving within the limits of this development. 78. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 79. Relinquish direct vehicular access rights to Cedar Avenue from any single family residential lots within this development. Friant Entrance Road: Collector(to be constructed on both sides) NOTE: The following conditions are written to address public street standards. Approval of private street cross-sections are subject to submittal of corrected or final plans and cross-sections. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 10 November 3, 2004 80. Dedicate an easement for public street purposes, within the limits of this development to meet the current City of Fresno Collector Standards. Additional right of way shall be dedicated to accommodate dual left turns. The minimum curb-to-curb width for eastbound traffic shall be 30' and the minimum width for westbound shall be 39' (2-11', 1-5', 1-12'). 81. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. Alternate patterns can be considered. 82. Construct twenty (20) feet of permanent paving along the frontage within the limits of this development. 83. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 84. Relinquish direct vehicular access rights to Friant Entrance Road from all lots within this development. Collectors No. 1 and No. 2 (See Exhibit"A" -to be constructed on both sides) NOTE: The following conditions are written to address public street standards. Approval of private street cross-sections are subject to submittal of corrected or final plans and cross- sections. 85. Dedicate up to 110' of property for public street purposes, within the limits of this development to meet the current City of Fresno Collector Standards. 86. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10-foot pattern. 87. Construct an 80 foot bus bay at the southwest corner of Collector 1/Collector 2 and at the southwest corner of Collector 2/Maple. Concrete curb and gutter shall be constructed to Public Works Standard P-73, complete with a 10- foot monolithic sidewalk. 88. Construct twenty (20) feet of permanent paving within the limits of this development. 89. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 90. Relinquish direct vehicular access rights to Collector No. 1 and No. 2 from all lots within this development as shown on the preliminary tentative tract map. Local Streets: NOTE: The following conditions are written to address public street standards. Approval of private street cross-sections are subject to submittal of corrected or final plans and cross-sections. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 11 November 3, 2004 91. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards. 92. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. 93. All contact points with major streets shall be constructed to Public Works Standard APH. 94. In order to maintain the proposed 40' right-of-way, the developer shall designate them as "Private Streets" OR all streets with a proposed 40' right-of-way shall be changed to 44' minimum right-of-way provided that the following conditions can be accommodated: a. Provide a 36' minimum width from curb to curb. b. Provide 4' minimum from curb face to property line. C. Prior to approval, verify the location of all utilities within the street right-of-way. Submit a cross section indicating the layout for all utilities. (fire hydrants, street lights, PG&E, telephone, cable, pull boxes, FMFCD utilities, street signs, mailboxes, etc..) 95. The proposed 50' street cross section shall be revised to reflect the following: a. The minimum curb face to walk shall be 5.5' b. An additional 1.5' P.E. is necessary for a total of 2.5'. C. Construct a minimum 4' sidewalk. 96. The proposed 56' street cross section shall be revised to reflect the following: a. Identify a 4' pedestrian easement on both sides of the street. 97. The proposed 60' street cross section shall be revised to reflect the following: a. Identify a 4' pedestrian easement on both sides of the street. 98. Local Collector No. 3, see Exhibit"A" a. Dedicate 72' of property for public street purposes, within the limits of this development. b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 12-foot residential pattern. 99. Design and construct all-curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for all interior streets. 100. Cross sections identifying median islands shall be revised to provide a minimum of 20' from curb to curb. Reference: The Public Works Policies and Procedures Manual Number: FY03- 002. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 12 November 3, 2004 101. Provide all center line radii on the tentative tract map. 102. Identify on the tentative tract map all pedestrian easements for any modified sidewalk patterns. Maintain a minimum of a 20' measured from the garage to the back of walk in order to ensure that ADA requirements are satisfied. Specific Mitigation Requirements 103. This tract will generate 622 a.m./838 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study has been submitted to Traffic Planning for a TIS "scope". The TIS scope for this project was provided to the developer on February 4, 2004. On October 7, 2004, a TIS report was submitted to the City of Fresno for staff's evaluation. Please refer to TIS comments memo dated October 26, 2004 for additional improvement requirements that need to be mitigated by this project. 104. The first order of work shall include a minimum of two permanent points of vehicular access to major streets for any phase of this development. 105. All Well Sites shall be accessed from interior streets. Any other proposals will require the approval of Traffic Engineering. 106. The proper design of the roundabouts may necessitate more or less right-of-way. This shall be determined at the street plan design stage of this project. Roundabouts shall comply with Federal, State and ADA guidelines and shall be subject to review and approval from a private consultant and the City of Fresno. 107. Provide full off-site improvements adjacent to the PG &E parcel located on Copper between Cedar and Maple. 108. Construct a dedicated northbound right turn lane along Friant Road at the Friant Entrance Road. The right turn lane shall be a minimum of 250' in length. 109. Full construction of all UGM and frontage improvements along Friant Road from Copper Avenue to the south and the proposed Friant Road entrance to the north shall be completed prior to occupancy of any building (residential or non-residential) within this project. This traffic mitigation is necessary to safeguard the health and safety of the community. 110. Construction of the second northbound lane north of the proposed Friant Entrance Road shall be done in accordance with the Caltrans Design Manual based on a 55 MPH design speed. 111. This project shall signalize the intersections of Friant Road with Copper Avenue and the proposed "Friant Entrance Road". Said signalized intersections will need to be complete with left turn phasing, actuation, emergency signal pre-emption and synchronization. 112. These signals shall be synchronized with one-another with Intelligent Transportation Systems (ITS) Synchronization. ITS synchronization shall include but not be limited to the following: a. Install 6-Pack (1 1/z Inch.) HDPE SR-11 communication conduit with one Toneable conduit. b. Install Fiber Cable between each intersection CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 13 November 3, 2004 C. Install ITS switches at each intersection with fiber optic communication (one switch per controller with media converter) d. Install ITS fiber optic communication vault with COM CABINET AND GROUND e. Place Equipment by ITS standards f. Install two cameras on 45' poles at each intersection g. Install Mule-tape in all conduits 113. Install an advance yellow flashing beacon north of the Friant Road entrance street for southbound traffic to alert motorists that they are approaching a signalized intersection. The distance and location of said yellow flashing beacon shall be set per the CALTRANS Traffic Manual and Highway Design Manual. 114. All of the above signal work shall be completed prior to the opening of the Friant Road entrance street to any traffic. 115. Signalize the intersection of East Copper Avenue and North Cedar Avenue complete with left turn phasing, actuation and emergency signal preemption. 116. Signalize the intersection of East Copper Avenue and North Maple Avenue complete with left turn phasing, actuation and emergency signal preemption. 117. Signalize the intersection of East Copper Avenue and North Millbrook Avenue complete with left turn phasing, actuation and emergency signal preemption. If signal warrants are not satisfied for this intersection upon buildout of the single family, multiple family projects and commercial shopping centers then this condition may be rescinded by the Public Works Director. 118. The above three intersections shall be signalized at the earlier of signal warrants being satisfied or at such time the City Engineer requests its installation be completed. If within five years after the completion of all phases of this project signal warrants have not been satisfied for a particular intersection then the requirement to signalize such intersection may be removed as a condition of approval of this project. 119. Dedicate and construct a northbound right turn lane along North Friant Road at the Friant Road entrance street to the subdivision. The right turn lane shall be a minimum of 250' or 25' per queued vehicle, as indicated in the required Traffic Impact Study, whichever is greater. 120. Dedicate and Construct a two hundred foot (200') eastbound right turn lane at the intersection of Copper with Willow Avenue. 121. To maintain the design capacity of Copper Avenue limited access may be allowed to non- residential parcels. All access point shall require the approval of the Traffic Engineering Division on a case per case basis. The number and type of access points shall be limited to the following per half mile segment: a. No more than one left turn access point shall be allowed in each direction. b. The maximum number of access points shall not exceed three 122. Dedicate and construct a two hundred foot (200') northbound left turn lane at the intersection of Willow with Copper Avenue. Construct any necessary transition paving north and south of said intersection based on a 55 MPH design speed. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 14 November 3, 2004 123. Dedicate and construct a northbound right turn lane along North Friant Road at the Friant Entrance Road. The right turn lane shall be a minimum of 250' or 25' per queued vehicle, as indicated in the required Traffic Impact Study, whichever is greater. 124. Relinquish direct vehicular access rights to: a. The south property line of lot 34. b. The southwest property line of lots 253,679 and 663. C. The northeast property line of lots 252,581 and 664. d. the east property line of lots 351 and 823. 125. Relocate all existing and/or proposed utilities as shown on the Tentative Tract Map. 126. Stamped concrete street paving is outside of the standard maintenance program for residential development. The developer shall provide for the maintenance of the stamped concrete street paving. The developer may pay a one time fee of $20.00 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. 127. Dedicate and construct a 20' wide emergency access from this subdivision to Willow Avenue. Roundabout analysis of Internal Copper River Ranch Intersections: 128. Since the TIS submitted for this project did not analyze the design and capacity of the proposed roundabouts, their design and installation cannot be allowed until all the necessary studies are performed. Such further studies will need to compare advantages and disadvantages of a roundabout versus a signalized intersection. Some of the criteria shall be, but not limited to, the following: a. Cost b. Pedestrian accessibility C. Right-of-way required d. Capacity of intersection e. LOS of intersection f. Bicyclist accessibility g. Air emissions Multi-Purpose Trail: 129. Identify the multi-purpose trail easement along the project's East Copper Avenue street frontage from the intersection of North Friant Road and East Copper Avenue to the easterly boundary of this subdivision and construct the multi-purpose trail within the new easement. UGM Reguirements 130. This subdivision is located within the city's UGM boundaries and within the City sphere of influence. The applicant has proposed an impact fee program to fund infrastructure needed to address specific impacts associated with the proposed tract. As a minimum, the impact fee program shall facilitate construction of the street and intersection improvements within and CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 15 November 3, 2004 adjacent to this subdivision. The applicant shall cause to prepare an amendment to the UGM program for Council consideration to adopt the proposed impact fees for this subdivision. 131. The applicant shall identify a mechanism to fund maintenance of all landscape, entrance features, benches, trails, lighting, etc. within the proposed public easements. The applicant may utilize a homeowners association or they may petition the Council to form a Community Facilities District in accordance with state guidelines and statutes. North Friant Road: Scenic Expressway 132. Construct two (2) 20-foot UGM center section travel lanes within the limits of this development. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate the number of lanes determined by the Traffic Impact Study and any other grading or transitions and drainage, as necessary based on a 55 MPH design speed. 133. Construct an 8" raised concrete median island within the limits of this development. (22' to 26' wide) East Copper Avenue: Super Arterial 134. Dedicate and construct two (2) twenty (20) foot center section travel lanes within the limits of this development. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate dual left turn lanes at the Copper/Maple intersection and any other grading, transitions and/or drainage requirements, as necessary, based on a 55 MPH design speed. 135. Construct an 8° raised concrete median island within the limits of this subdivision. Provide 250' left turn lanes at all intersections. 136. Construct dual left turn lanes at all legs and the intersection of Copper/Maple. North Maple Avenue: Collector w/dual left turns 137. Construct two (2) seventeen(17) foot center section travel lanes within the limits of this development south to the intersection with Copper Avenue. Details of said street shall be depicted on the approved tentative tract map. Dedication and construction shall be sufficient to accommodate for dual left turns at the intersection of Maple and Copper. 138. Construct an 8° raised concrete median island within the limits of this development. North Cedar Avenue: Collector 139. Construct two (2) seventeen (17) foot center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. Friant Entrance Road: Collector 140. Construct two (2) seventeen (17) foot center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. 141. Additional right-of-way shall be dedicated to accommodate dual left turns. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 16 November 3, 2004 Collectors No. 1 and No.2 (See exhibit "A") 142. Construct two UGM center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. SANITARY SEWER SERVICE 143. A recently constructed sanitary sewer lift station is located on the north side of Copper Avenue east of North Cedar Avenue built primarily to serve development activity south of Copper Avenue in accordance with previously approved subdivision maps and the City's General Plan land uses. Included in the lift stations design is capacity for an initial 500 Equivalent Dwelling Units (EDU) within the Copper River Ranch (CRR) project based upon the assumptions and conditions as outlined in a letter from the City of Fresno dated November 14, 2001, attached. 144. The following conditions shall be required to provide sewer service to the project. 145. The developer may utilize the City's lift station and force sewer main for sewage discharge from the first 500 constructed EDU. 146. The developer is required to design and construct an on-site tertiary wastewater treatment facility acceptable to the City of Fresno, for which construction shall be completed prior to construction of the 501 EDU. Once constructed, all flow from CRR shall be directed to the tertiary wastewater treatment facility. The City will accommodate permanent sludge discharged from the planned CRR treatment facility to the City Sewer System. 147. The developer shall construct and/or pay for all facilities necessary to accommodate the impact of connection to the City sewer system and associated wastewater treatment. 148. Proposed methods and points of connection to the City Sewer System shall be submitted for review and subject to Department of Public Utilities approval. 149. Sanitary sewer facilities to be constructed shall conform to City of Fresno Standards. 150. A Preliminary sewer design layout shall be submitted including sewer flow contribution calculations for the entire project site for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 151. Effluent discharge from CRR wastewater treatment plant into the city system shall be metered. Urban Growth Management Requirements 152. The following Sewer Connection Charges shall be paid for the Project: a. Oversize Sewer Charge b. Trunk Sewer Charge: Herndon c. Herndon Trunk Enhancement Fee d. Wastewater Facilities Charge (Residential Only) e. Sewer Facility Charge (Non-Residential) 153. Following construction of the tertiary treatment facility and upon discharge of sludge from the treatment facility to the sewer system, CRR shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. CRR shall receive credit CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 17 November 3, 2004 from payment of Wastewater Facilities Charges paid for the first 500 EDU constructed against future Sewer Facility Charges to CRR for sludge discharge. WATER SERVICE 154. The Fresno City Council adopted by Resolution No. 2002-318 a Water Supply Assessment (WSA) as required by SB610 demonstrating that there is adequate water supply available to meet the Project water demands for a minimum 20 years. The following requirements and conditions are being imposed to ensure the findings of the WSA for the CRR Project, dated September 25, 2002. 155. The nearest City of Fresno water mains to the project are a 14-inch main located in North Friant Road and a 14-inch main located in East Copper Avenue. CRR may also be a recipient of water from the City's recently constructed surface water treatment plant, which is located two miles east of the Project site. It is anticipated that the surface water facility will only provide a seasonal delivery of water to serve the Project, not on a year-round basis. 156. CRR shall construct additional water supply facilities deemed necessary and approved by the City of Fresno Department of Public Utilities to serve peak water demands of the Project during non-surface water delivery periods. Water supply facilities to be constructed as part of the Project include community water supply wells, wellhead treatment and distribution systems. 157. The following water improvements shall be required to serve the Project. 158. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in East Copper Avenue from North Friant Road east across the development frontage. 159. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 160. Separate water services with meter boxes shall be provided to each lot created. 161. Installation of public fire hydrant(s) is required in accordance with City Standards. 162. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 4,300 gallons per minute, sufficient to serve peak water demand for the project. Well site(s) shall provide direct access to public streets. Well site(s) shall be of size(s) and at location(s) acceptable to the Water Systems Manager. 163. Water well construction shall include wellhead treatment facilities, if required. 164. Approval of the subject map does not provide acceptance of well site(s) location(s). 165. A water model analysis for the water distribution system located within the tract shall be provided for review to the City of Fresno Water Division and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 166. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 18 November 3, 2004 167. All public water facilities shall be constructed in accordance with City Standards, specifications, and policies. 168. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to'the City Water System. Urban Growth Management Requirements 169. The following Water Connection Charges and fees shall be paid for the project. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. a. Wet-ties, water service(s) and/or meter(s) installations to be performed by the City Water Division. b. Frontage Charge c. Transmission Grid Main Charge d. Transmission Grid Main Bond Dept Service Charge e. Water Supply Charge Public Utilities Department, Solid Waste Division 170. The owners, lessees or other tenants of the residential dwellings must, on service days before 6:00 a.m., place their solid waste containers at the edge of the curb approximately four (4) feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. 171. There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste service day. This applies to any lot that is in whole or part of a cul-de-sac. 172. The following lots shall be clear of all vehicles before 6:00 a.m. on the solid waste service day: Lots 262, 263 and 264 in Village B Lots 590 through 594 in Village G Lots 611 through 613 in Village G Lots 435 through 437 Lots 311 through 313 Lots 802 through 829 in Village H Lots 815 and 818 through 821 in Village H Lots 812 through 817 in Village H Lots 512, 513, 514 and Outlot RR in Village F Lots 517, 518 and Outlot RR in Village F Lots 522, 523 and Outlot QQ in Village F 173. Private streets shall be at least 22' on each side to allow for parking and two way traffic. Solid Waste requires an 18' clearance in the path the truck travels. 174. Private gates shall be a minimum of 18' on each side. Solid Waste will also need access to gates by 6:00 a.m. All streets/entries to gated areas shall provide 18' of clearance CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 19 November 3, 2004 175. There shall be no dead end streets. All streets shall connect to one another, or a turnaround shall be provided at the end of the street. All turnaround shall be clear of all vehicles and shall be large enough to accommodate a solid waste with a turning radius of 44'. 176. All turns inside this project area shall provide enough room to accommodate a solid waste truck that is approximately 35'feet long, 10'.5" wide and has a tuming radius of 44'. Fresno Irrigation District 177. The Fresno Irrigation District has identified no requirements with respect to the proposed subdivision but does report that a private canal known as the Philips No. 158 traverses the south side of East Copper Avenue as noted in the attached letter dated July 19, 2003. Public Works Department- Community Facilities District 178. If approved by Council, the following features may be maintained by a Community Facilities District. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Interior Public Streets, Curbs and Gutters, Sidewalks, Street Medians, Trails and Street Furniture as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Curbs and Gutters, Sidewalks, Medians, Landscaping and Street Furniture (to centerline) within N. Friant Road, N. Willow and East Copper Avenues along the tentative map frontage. ■ Maintenance of all Street Lights as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of features and facilities requested by the owner/developer and approved by the Public Works Department. 179. Should the City Council not approve the annexation to a CFD of any or all of the maintenance items listed in Condition No. 180, above, the property owner/developer shall create a homeowner's association for the maintenance of those items. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 180. 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. 181. 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 APPROVAL Vesting Tentative Tract No. 5205/UGM Page 20 November 3, 2004 Right-of-Way Acquisition 182. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 183. 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. 184. 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. 185. 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. 186. 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 187. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 188. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated May 13, 2004. 189. 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. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 190. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated January 16, 2004. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 21 November 3, 2004 DEVELOPMENT FEES AND CHARGES 191. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE g. Metropolitan Flood Control District Fee ' Contact FMFCD for new fees. Rates increased as of November 8, 2004 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 Service Area: Herndon $496/living unit S.T.E.P.' (C-1, C-2, C-5) k. Wastewater Facilities Charge $2,119/living unit S.T.E.P.' (C-1, C-2, C-5) *Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division, Environmental Services Section(559-621-5153). I. Copper Avenue Sewer Lift Station Charge $650/living unit m. Fowler Trunk Sewer Interim Fee Surety n/a n. House Branch Sewer Charge n/a o. Millbrook Overlay Sewer n/a CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 22 November 3, 2004 WATER CONNECTION CHARGES FEE RATE p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $643/gross acre s. Transmission Grid Main Bond Debt Service Charge $243/gross acre t. UGM Water Supply Fee $456/living unit Service Area: 101-S u. Well Head Treatment Fee n/a Service Area: 101 v. Recharge Fee n/a Service Area: 101 w. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE FEE RATE/CHARGE x. Northeast Fresno Policing Area $85/living unit y. Traffic Signal Charge n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* z. UGM Fire Station Capital Fee Service Area: 21 $1,388/gross acre (R-1) $2,775/gross acre (R-2) $3,700/gross acre (R-3) $2,460/gross acre (C-1, C- 2, C-5) aa. UGM Park Fee Service Area: 1 $1,598/gross acre (R-1) $3,196/gross acre (R-2) $4,263/gross acre (R-3) $800/gross acre (C-1) Service Area: 7 $2,450/gross acre (R-1) $7,351/gross acre (R-2) $1,838/gross acre (C-2, C- 5) bb. Major Street Charge Service Area: A $0/adj. acre Service Area: F $3,625/adj. acre CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5205/UGM Page 23 November 3, 2004 cc. Major Street Bridge Charge Service Area: A $0/adj. acre Service Area: F $72/adj. acre dd. Traffic Signal Charge Residential Medium, Medium-low, Low Density $478/living unit Residential Medium-High Density $382/living unit Residential High Density $334/living unit Industrial $0.34/sq. ft. Public Facility $1.72/sq. ft. Commercial $2.06/sq. ft. Commercial Fast Food $23.71/sq. ft. Commercial Mini-Mart w/gas $40.40/sq. ft. ee. UGM Grade Separation Fee n/a ff. Trunk Sewer Charge n/a Service Area: gg. 'Street Acquisition/Construction Charge n/a KAMaster Files-Tract Maps\Tract 5205-Mike Sanchez(C-04-153&C-04-154)\T-5205-COA-041023.wpd a a C b t c A 11 Q 8 EER yy ppp4 Q� g i pp �pl U Z � _ w a a ! (- N z0 w W WW w 0.. o — _ Ln w F-- 0Qa N J Z Y I- 1^ W ° O / i� �li ,dn a Y II" 7 O L.:j L _ U :Q. w owz Q R r' A ZiLd " . 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Wn. 8 7 w u - 4 Is If i Ia flu OR e � `a e S D oo yaya o8 k a • e ° 3u ub �eg 9 ;EE i b p f e° _ e fit NR Y :y a� IR mom � � €t 55}} E _ - �_ + �GGGp1:�9 TV, kM i #'Srtx l -.-_.«..aK..A�. �,S'.-.i,'ie'ySgfr Y• Y i`"°il.' rir LEON R i File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager CONSOLIDATED INDUSTRIES, INC. Planning & Development Department P.O. BOX 25879 City of Fresno FRESNO, CA 93729 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2004-153 & 154 PRELIMINARY FEE(S) (See below) DRAINAGE AREA " DE " " DN It DRAINAGE AREA DE $2,277,203.00 DATE y— 2cLc2 V DRAINAGE AREA DN $410,076.00 APN 579-070-02,03,05,47,48 TOTAL FEE $2,687,279.00 ADDRESS NEC COPPER & FRIANT The proposed development will generate storm runoff which produces potentially significant O 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. O The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior t O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid dwough z ebb229,,-0 04 based on the site plan submitted to the District on 07/01/04 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. j 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. 004-153 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 fr=F C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through X 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. F 2004-153 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAx(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants,prohibit the discharge of waters other thanMa 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 Z development or sale). Permittees are required to: submit a Notice of Intent to be covered O and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. O O 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 j 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. 2004-15; 5469 E.OLNE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. 49, eman, Project Engineer: Neda Shakeri District Engineer, Assistant General Manager C: PROVOST& PRITCHARD 286 W. CROMEWELL FRESNO, CA 93711 2004-153 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document �R \FRigNT Q Lrs, Q ti.� z luo z z m N m�� �z MILLBROOK g m o on U rn k -p- rn rn 8 I CA wm CEDAR— h ao �, \ t\\ \ 707 P C I E 50, 1po , f= µ 3�... .................. • !,1 �� . % O m I •— ` �e 1 pS t O � -j "i! 6Fy..,..,� 8 �o- t Z � MAPLE Esv VV, � inti' �• ............ ».......... _...:.:::,.rte' g _ __�� �". �� op 1+1 Mkt t if' r a l n CHESTNUT cn t % r C] O 7 IIs r t= CTt O `_'_ WILLOW AVE. O OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities.. A Development Agreement shall be executed with the District to affect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid . upon demand to the City or District. The construction of facilities in Drainage Area"DE"will provide permanent drainage service to this portion of the project.However,permanent drainage service will not be available for the portion of the project in Drainage Area"DN". The District recommends temporary facilities until permanent service is available. The Developer shall dedicate a minimum twenty-foot(20`)wide storm drain easement at locations where storm drain is located outside public right-of-way.The dedicated storm drain easements must be shown on the final map. No encroachments into the easement will be permitted including,but not limited to, foundations, roof overhangs, swimming pools, and trees. A surcharge fee has been assessed on those properties lying northerly of Copper Avenue within Drainage Area"DE"due to a change in the urban sphere line and modifications to the Master Plan. The"DE"surcharge fee has been adjusted and became effective on December 8,2003. The portions of Tract 5205 within Drainage Area"DN" will also be subject to paying a surcharge fee, however, the"DN" surcharge fee has not yet been adopted. These same properties will benefit from a larger collection system. Contact the District for the final drainage fee obligation prior to issuance of a building permit or recording of the final map. The narrowing of the streets on Copper River Ranch,especially private streets will frequently fully inundate the drive areas,and force drainage flows into the path oftraffic.In addition there will not be enough space for all the utilities also. Therefore,the District does not recommend the narrow streets in lieu of the standard thirty-six feet (36') as shown on the preliminary plan. The Developer proposes to develop the property in several phases. However,the Developer shall enter into a Master Development Agreement with the District for all Master Plan Facilities located within road rights-of-way or easements within the project area. Development No. CUP 2004-153 & 154 Page 1 of 2 ener\permits\exhibits2\city-cup\2004\2004-153& 154(ns) OTHER REQUIREMENTS EXHIBIT NO. 2 The District's Basin"DE"is proposed to be relocated by the Copper River Ranch developers north of Copper Avenue. The boundary of the basin,as designated on the tentative map,is being reviewed by the District and is nearing finalization. The Developer shall be required to execute a basin relocation agreement with the District prior to approval of the final map. The basin relocation agreement will address specific requirements regarding basin design standards,storage capacity,and basin improvements in the proposed location. Basin "DE" is not yet developed and is not enclosed with a fence. The developer shall fence the basin site. The developer shall construct the permanent-Copper Avenue street improvements along Basin"DE", which includes the two northbound center section travel lanes and southbound center section travel lane with permanent paving and median island to public works standards. The eligible cost for street improvements, which includes, sidewalk,mow strip,curb and gutter, street light and eighteen-foot (18')of permanent pavement for the length of the original basin frontage as shown on Exhibit No. 1 The Developer must reach an agreement between Copper River Ranch and Copper River Country Club on the boundary for application of the drainage fees paid by the Copper River Country Club for the golf course. The Developer must execute an agreement with the District regarding the discharge of effluent from the Waster Water Treatment Plant into Basin"DE". Development No. CUP 2004-153 & 154 Page 2 of 2 ensr\permits\exhibits2\city-cup\2004\2004-153&154(ns) ■ FRESNO FIRE DEPARTMENT FPB-42 FIRE HYDRANT AND ACCESS REQUIREMENTS APPLICATION NO. — 0¢ jS DATE OCT LOCATION Fr t an Ing-c,� REVIEWED BY 1 a-,ey— HYDRANTS 1. ❑ Developer must install on-site hydrant(s). See plan for location(s).- Provide fire hydrant flow of [ ] 1500 GPM [ ]2500 GPM 8"water main minimum. 2. -8� Public street hydrant(s) must be installed. Coordinate street hydrant locations with Public Works. 3. )ZC Fire hydrants shall be tested and approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The 4-1/2"outlet shall face the access lane. ACCESS GENERAL: 4._)ff Two means of ingress/egress must be provided. This access must be maintained during all phases of development. 5. IN� All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 6. ❑ All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private driveway. 7. ❑ Loading zones shall not be located in required fire lanes. 8. ❑ Where buildings or portions thereof are more than 35 feet in height, an aerial truck setup area shall be located adjacent to at least one side of such buildings. Aerial truck setup areas shall be minimum width of 30 feet wide for not less than 60 feet when part of through fire lanes 9. ❑ Aerial truck setup areas, as described in No. 8 above, shall be provided adjacent to at least two sides of buildings more than 35 feet in height that exceed 150 feet in length or width. 10. ❑ All private streets and driveways that are provided for common access, and are required for Fire Department access,shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. 11. ❑ Streets highlighted on plan shall be identified as fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3"white letters every 50 feet or approved signs every 50 feet). 12. ❑ Provide sign(s) (17"X 22" minimum) at all public entrance drives to the property,which state, "Warning- Vehicles stopped, parked, or left standing in fire lanes will be immediately removed at owner's expense- 22658 California Vehicle Code-Fresno Police Department 498-1414." 13. Turns in private drives and intersecting drives shall have a minimum 34 foot centerline turning radius. See no4e-, -it+ 3c> 14. ❑ Turns in private drives for aerial truck access, required in No. 5 above, shall have a minimum 44 foot centerline turn radius. i 15. ❑ Dual entry drives require intermediate turnarounds when length exceeds 700 feet. 16., All gates on common access drives shall be equipped with approved Police/Fire bypass locks(Best locks; Padlock 21 B700 series or Cylinder lock 1 W762). Gates/fences shall not obstruct the minimum width required for fire lanes. S -�ee4- C j ep.r w', �Fh � o e n r+z S d ���i,^eoC on all 9A � S 17. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet,6 inches. SINGLE-ENTRY PRIVATE STREETS: 18. ❑ Turnarounds required if the length exceeds 150 feet. 19. ❑ The maximum allowable length of a single entry roadway is 450 feet. 20. ❑ Required turnarounds shall be defined as fire lanes (see No. 11). 21. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet,6 inches. "EMERGENCY ACCESS ONLY" ROADWAYS: 22. ❑ Emergency accesses are required to be dedicated fir protection easements. 23. ❑ Road surface shall be of a all weather construction. 24. ❑ Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance to an "emergency access only" roadway. 25. ❑ The entrance to all emergency accesses shall be posted with permanent signs: 'FIRE ACCESS (6" LETTERS)vehicles removed at owners expense(2"letters)FRESNO POLICE DEPARTMENT 498-1414 (1" letters). 26. ❑ All gates on the"emergency access" roadway shall be fitted with a Police/Fire bypass lock (see No. 16 above). PEDESTRIAN ACCESS: 27. ❑ Pedestrian access shall be provided to all exterior areas of buildings where necessary to assure compliance with the"150 foot rule." 28. ❑ All pedestrian gates, where required for compliance with the"150 foot rule"shall remain unlocked or be provided with Police/Fire bypass locks (see No. 16 above). 29. ❑ Required pedestrian access ways shall be designed to facilitate the carrying of ground ladders and the advancing of fire hose lines. OTHER: II r < + ) 30. ran4J Lti or ' r-0v ►de_ si -le- plan w(4k curbs s-kDV1 so FPS 421FORMS (Revised 12103) Ci,ly of FRESNO FIRE DEPARTMENT DATE: cf u / y I ?"D64, T MEMORANDUM TO: �YY1 �L SGS n cl► eZ. FROM: CLVIJ1, SENIOR FIRE PREVENTION INSPECTOR SUBJECT: V 2S�n�, eh�-��, �✓� 2�-� TRACT N0. Ste-©S MEETING OF (DATE): (y ZZ , Zad 4— Fire Fire Department Comments are as follows: ® 1 . This project is within ! miles of Fire Station No. l� Z. This project is subject to UGM Fire service fees for Fire Station No. , 3. Provide (commercial ) residentia�) ydrants and fire flows per Public Works Standards with two sources of water. 4. Access is acceptable as shown. ® 5, Access is not acceptable: L� 6. -.This tract is in the Station 21 UGM Fee area and is required to be annexed to the Community Facilities District No. 1 . (� 7. Other: -80 V 41C ori 417 e� T T Q y"Ol zn trL sc zags s�e� -1 5_3 y S�} l , `� Z �q 3 �rD Cie at ate _ D L�2 r 4r—e 7(_ /2 0) 2543I/78I r / COPPER RIVER TRACT 5205 plans dated 6/17/04 1. Sheet 7: Provide details on the three private gate/tum arounds. 2. Sheet 7: Lots 538 and 539 and lots 541, 542, 543 & 544 shall be provided with fire sprinklers, they are over 450 feet from a single point of access. 3. Sheets 6 and 8: Lots 581 through 824 need a second access, they are over 650 feet from a single access point. 4. Sheet 10: Lots 512 through 523 require a second point of access, the street is more than 650 feet from a single point of access. i r a c� I ��• CA N p t" n N � CL 77 n 25'min from Q pq curb to calllbox Oct IL 00 N r+ co ►�, CO � I � � I City of Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov July 28, 2004 TO: Mike Sanchez, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5205, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5205, which was submitted by Provost &Pritchard on behalf of the Copper River Ranch. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5205 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Special Conditions: • There shall be no parking in any cul-de-sac on the solid waste service day. The following lots shall be clear of all vehicles by 6:00 a.m. Lots 262, 263 and 264 in Village B Lots 590 through 594 in Village G Lots 611 through 613 in Village G Lots 435 through 437 Lots 311 through 313 Lots 802 through 829 in Village H Lots 815 and 818 through 821 in Village H Lots 812 through 817 in Village H Lots 512, 513, 514 and Outlot RR in Village F Lots 517, 518 and Outlot RR in Village F Lots 522, 523 and Outlot QQ in Village F • Private streets shall be at least 22' on each side to allow for parking and two way traffic. Solid Waste requires an 18' clearance in the path the truck travels. • Private gates shall be a minimum of 18'on each side. Solid Waste will also need access to gates by 6:00 a.m. All streets/entries to gated areas shall provide 18'of clearance • There shall be no dead end streets. All streets shall connect to one another, or a turnaround shall be provided at the end of the street. All turnaround shall be clear of all vehicles and shall be large enough to accommodate a solid waste truck with a turning radius of 44'. • All turns inside this project area shall provide enough room to accommodate a solid waste truck that is approximately 35'feet long, 10'.5" wide and has a turning radius of 44'. JAConditions of Approval_TT520S.wpd Conditions of Approval for Vesting Tentative Tract No. 5205/UGM and Conditional Use Permit Application No. C-04-153 Copper River Ranch Project Planning Commission Hearing November 3, 2004 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. C-04-153 November 3, 2004 PART A- PROJECT INFORMATION 1. Assessor's Parcel Nos. 579-070-02, 03, 07, 18, 82, 94 2. Job Address: NA Street Location: North side of East Copper Avenue between North Friant Road and North Willow Avenue 3. Existing/Proposed Zoning: R-1/UGM/cz & R-1/EA/UGM/cz (Single Family ResidentiaUExpressway Area/Urban Growth Management), R-2/EA/UGM/cz & R-2/UGM/cz (Low Density Multiple Family Residential/Expressway Area/Urban Growth Management), R-3/EA/UGM/cz (Medium Density Multiple Family Residential/Expressway Area/Urban Growth Manangment), C- 1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area/Urban Growth Managment), C-2/UGM/cz (Community Shopping Center/Urban Growth Management)and R-A/UGM/cz (Rural ResidentiaUUrban Growth Managment) 4. Project Description: An 829-lot non-clustered single family residential planned development project with reduced front, side and rear yard setbacks, lot coverage and minimum lot size for lots throughout the entire subdivision. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission on November 3, 2004, will consider the special permit application subject to the enclosed list of conditions, and Exhibits "A-1"thru "A-6"dated June 18, 2004 and the Master Conditional Use Permit Application Project Description dated June 18, 2004. This project was subject to the completion of the notice and appeal period for the department's finding that the proposed project will not have a significant impact on the environment. The proposed development was addressed by the 2025 Fresno General Plan Master Environmental Impact Report(MEIR) No. 10130 certified on November 19, 2002,and the Copper River Ranch Project Environment Impact Report(EIR) No. 10126 certified on June 3,2003,and a Mitigated Negative Declaration implementing the mitigation measures of the previously certified final EIR's was published on September 30,2004, providing any interested party with an appeal period of 20 days. Notice of the hearing for the special permit was mailed to surrounding property owners on October 8, 2004. Conditional Use Permit Application No. C-04-153 is issued subject to all applicable mitigation measures of the above referenced environmental review documents. The approval of Conditional Use Permit Application No. C-04-153 is subject to all conditions of Vesting Tentative Tract Map No. 5205/UGM, dated November 3, 2004, and all additional conditions that may be approved by the Fresno City Planning Commission. Building permits will not be issued for this project until the Planning Commission and the City Council (if appealed) have acted on the Conditional Use Permit Application No. C-04-153. Conditions of Approval Conditional Use Permit No. C-04-153 Page 2 November 3, 2004 IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based upon adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health,safety,and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F- Miscellaneous"and may be appealed. All code requirements, however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance,and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated June 18, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Project Evaluation Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include Conditions of Approval Conditional Use Permit No. C-04-153 Page 3 November 3, 2004 all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Shelby Chamberlain at 559/621-8042. NOTICE TO PROJECT APPLICANT In accordance with the provisions of government Code Section 66020(d)(1),the imposition of fees,dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees,dedications,reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C- PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Louise Monroe at 559/621-8678 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Daniel Wichman at 559/621-8045 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Public street improvements shall be constructed as required by the conditions of approval of Tentative Tract Map No. 5205/UGM, the mitigation measures of Final Environmental Impact Report(EIR)No. 10126,and the implementing Mitigated Negative Declaration No.T-5205/UGM. b. Construct and maintain all private streets in accordance with the approved exhibits and project description. C. Off-Street(on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. d. The applicant shall provide access and directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way," handicap signs, etc.) as determined by the City Traffic Engineer. e. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-34, P-35 & P-36 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Planning and Development Department, Building & Safety Services Division prior to the commencement of work. Conditions of Approval Conditional Use Permit No. C-04-153 Page 4 November 3, 2004 2. WATER FACILITIES a. Water system improvements shall be constructed as required by the conditions of approval of Tentative Tract Map No. 5205/UGM, the mitigation measures of Final Environmental Impact Report(EIR)No. 10126,and the implementing Mitigated Negative Declaration No.T-5205/UGM. 3. SANITARY SEWER SERVICE a. Sewer system improvements shall be constructed as required by the conditions of approval of Tentative Tract Map No. 5205/UGM, the mitigation measures of Final Environmental Impact Report(EIR)No. 10126,and the implementing Mitigated Negative Declaration No.T-5205/UGM. PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: • Woodward Area Community Plan • Medium low, medium, medium high, and high density residential, neighborhood commercial, community commercial, open space and public facility land use. ZONING 2. Development is in accordance with the existing R-1/EA/UGM/cz, R-2/EA/UGM/CZ, R-3/EA/UGM/cz, C-1/EA/UGM/cz, C-2/UGM/cz, C-5/EA/UGM/cz, O/UGM/cz zone districts. POPULATION DENSITY (Residential Projects) 3. The proposed densities identified by the project description are consistent with the planned land uses and the property's corresponding zone districts. BUILDING HEIGHT 4. The maximum allowable building heights shall be consistent with the applicable zone district standards. EXCEPTIONS: Overheight structure maybe approved by the City Planning Commission as provided by the Zoning Ordinance. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK LOT DIMENSIONS OPEN SPACES AND LANDSCAPING 5. All proposed lots of Vesting Tentative Tract No. 5205/UGM, dated June 30, 2004, may have reduced front,side and rear yard setbacks, including up to 15-foot front yard setback to accommodate a side- on garage/bonus room as shown in approved conditional use permit exhibits and related project description. Conditions of Approval Conditional Use Permit No. C-04-153 Page 5 November 3, 2004 6. Lots may have reduced lot areas,depths and widths and increased lot coverage as permitted for non- clustered planned development lots, but must have a minimum lot area of 4,200 square feet in the R-1 zone district, to accommodate the dwellings depicted by conditional use permit exhibits and related project description. 7. Provide the following landscaped areas with irrigation system: a. 15-20 feet front yards (R-1). b. Corner cut-off area of all reverse corner lots. C. Planters, park strips and median areas located in public street right-of-way or along private streets, between the curb and sidewalk or sidewalk and wall, along the front, side or rear yards of lots. d. All outlots designated for open space use by Vesting Tentative Tract Map No. 5205 and Conditional Use Permit Application No. C-04-153. e. Expressway area setbacks (20 to 26 feet wide along North Friant Road and the multi-purpose trail (30 feet wide) along East Copper Avenue. No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. 8. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) FENCES. HEDGES, AND WALLS 9. Walls and vehicle access gates shall be in compliance with the requirement of Vesting Tentative Tract Map No.T-5205/UGM and Conditional Use Permit Application No. C-04-153 approved exhibits and project description. 10. Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS 11. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5205/UGM dated June 30, 2004. COVENANTS AND AGREEMENTS (Unless otherwise noted,all covenants or agreements will be prepared upon receipt of the fee indicated below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits.) Conditions of Approval Conditional Use Permit No. C-04-153 Page 6 November 3, 2004 12. Prior to final map approval of Tract Map No. 5205/UGM, the owner of the subject property shall execute a"Right to Farm"covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The"Right to Farm"covenant shall be recorded prior to or concurrent with the recording of the final map of Vesting Tentative Tract No. 5205/UGM. OUTDOOR ADVERTISING 13. Signs, other than directional signs,if applicable,are not approved for installation as part of this special permit. Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) PART E - CITY AND OTHER SERVICES 14. Comply with all requirements of the Fresno Metropolitan Flood Control District including the requirements of the attached memorandum dated September 24, 2004. 15. Comply with all applicable requirements of the City of Fresno Fire Department including the requirements of the attached memorandums dated October 28, 2004, and July 21, 2004, with attachments. PART F- MISCELLANEOUS 16. Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(Phone:805/644- 2289) 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. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the City Council within 15 days from the date of Planning Commission action. 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(x y.1 NMI A Ism ;r ty t: o 3mi 0�1 Ell, F.--S :� i r d'1i t3�:r� }y'.a �J'.',� \ Vie.. � 0 1 ✓<i CA 47 47' W A 01 20. Tp- r— 44kj ti !0*20 Ll Sio C 9 0.0 Ids ... mo 0 0 0.000 G c• Goo J --I p a q N Ll w //' M1 � •fit --. V R' � p A g /'i � �` tis �� ••o•• •i• • ka � � 19 i ' �• � ,•�ooioro o•w�•o '� 8 ✓,�t/ // ��7/i sa' d„p � a C ' C oalp I TT V �I 1 70 R of -y ! m ( r I r�i N I o zo 4F ` I 1 � �L �S� v'',,i"rf'4''r2 w 5� •.rl� �. I n 3@�F as �, c' 'dl. ��'y.. .voi*�?tt�ud�`.{f�i"E PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis Planning Division FROM: Nancy Morrison,PARKS PLANNING COORDINATOR, (559.621.2927) DATE: January 12, 2004 Subject: Tract 5205/UGM The Parks, Recreation and Community Services Department has reviewed the Tentative Subdivision Map proposed by Copper River Ranch on plans prepared by Provost&Pritchard. Parks offers the following comments regarding the street tree, buffer/parkway strip, and trail conditions ... 1. STREET TREE REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60'of street frontage. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. 2. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS A. The subdivider is required to provide long term maintenance for the landscape in the landscape easements, trail easements and public rights-of-way. Landscaping and long term maintenance is also required for the interior median islands. The subdivider may do this by petitioning to annex into the maintenance district, (CFD2). B. Buffer Maintenance Throuah Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Parks Division for review and approval prior to a Council approval of the final map. THE LANDSCAPE BUFFER PLANS WILL ALSO BE INCLUDED WITH THE TRAIL PLANS. Plans shall be numbered to conform to and be included in the Public Works Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 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. Parks Department comments T-5205 Tentative Map January 12,2004 page 2 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 m4y not be included in the CFD. C. As an alternative to the CFD2,the subdivider may form a Home Owners Association for the long term provision of maintenance of the landscape buffers and rights-of-way. 3. TRAIL REQUIREMENTS A. The pedestrian trail shall be designated within a pedestrian easement/landscape easement. The trail shall be constructed in accordance with the Master Trails Manual." The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall besubmitted and shall include landscaping and automatic irrigation design. These plan shall be approved by Parks,Recreation and Community Services Department. Landscaping within the multipurpose trail shall include large,medium and low-growing shrubs planted from Y to 6'apart depending on variety,and trees spaced approximately 25'to 45'apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting shall be irrigated with an automatic drip system. 4. OUTLOTS A. Parks,Recreation and Community Services Department assumes no responsibility for the maintenance of any outlots. 5. POCKET PARKS A. Parks, Recreation and Community Services Department assumes no responsibility for the maintenance of pocket parks. The developer may petition to annex into the CFD2. City of me PUBLIC WORKS DEPARTMENT DATE: August 18, 2004 TO: MICHAEL SANCHEZ, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5205 (COPPER RIVER, PART 1) AND CITY OF FRESNO COMMUNITY FACILITIES DISTRICT 1. If approved by Council, the following features may be maintained by a Community Facilities District. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Interior Public Streets, Curbs and Gutters, Sidewalks, Street Medians, Trails and Street Furniture as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Curbs and Gutters, Sidewalks, Medians, Landscaping and Street Furniture (to centerline) within N. Friant Road, N..,Willow.and East Copper Avenues along the tentative map frontage. • Maintenance of all Street Lights as approved by the Public Works Department within the territory of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of features and facilities requested by the owner/developer and approved by the Public Works Department. 2. Should the City Council not approve the annexation to a CFD of any or all of the maintenance items listed in section 1, above, the property owner/developer shall create a homeowner's association for the maintenance of those items. Any change affecting the Items in these conditions requires revision of this letter. Please note that we are attaching an example section of conditions for CFD2 tracts. If you have any questions, please call me at 8695 F11eAword\cfd2\ttmapreview\tt5205 Mike Sanchez-Co er riv „ pp er TISReview.doc Page 1 City of DATE: October 26, 2004 TO: Darrell Unruh, Planning Manager Planning Division Development Department FROM: Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Traffic Engineering SUBJECT: COPPER RIVER RANCH TRAFFIC IMPACT STUDY(TIS) MITIGATIONS All projects that are projected to generate 100 or more peak hour trips shall prepare a TIS as identified in the 2025 Fresno General Plan, Mitigation Measure B-4, b. Staff has reviewed the TIS report submitted by TPG Consulting for the Copper River Ranch Project and have the following comments: Since this report failed to study the requested intersections along the perimeter of the project site we can only assume a worse case scenario and therefore the following traffic mitigation measures shall be set as a condition of approval of this project. Friant Road: 1. Construct a dedicated northbound right turn lane along Friant Road at the Friant Entrance Road. The right turn lane shall be a minimum of 250' in length. I 2. Full construction of all UGM and frontage improvements along Friant Road from Copper Avenue to the south and the proposed Friant Entrance Road to the north shall be completed prior to occupancy of any building (residential or non-residential)within this project. This traffic mitigation is necessary to safeguard the Health and Safety of the Community. 3. Construction of the second northbound lane north of the proposed Friant Entrance Road shall be done in accordance with the Caltrans Design Manual based on a 55 MPH Design Speed. 4. This project shall signalize the intersections of Friant Road with Copper Avenue and the proposed "Friant Entrance Road". Said signalized intersections will need to be complete with left turn phasing, actuation, emergency signal pre-emption, and synchronization. a. This signals shall be Synchronized with one-another with Intelligent Transportation Systems(ITS)Synchronization. ITS Synchronization shall include but not limited to the following: i. Install 6-Pack(1 '/z Inch.) HDPE SR-11 communication conduit with one Toneable conduit. ii.lnstall Fiber Cable between each intersection iii. Install ITS switches at each intersection with fiber optic communication (one switch per controller with media converter) iv. Install ITS fiber optic communication vault with COM CABINET AND GROUND v.Place Equipment by ITS standards Vi. Install two cameras on 45'poles at each intersection I_ DATrafSc Impact Studies\Copper river_TISReview.doc Mike Sanchez Coppet river TISRevlew doc Page 2 ,-.,.. �... w., .. _ _. Vii. Install Mule-tape in all conduits 5. Install an advance yellow flashing beacon north of the Friant Entrance Road for southbound traffic to alert motorists that they are approaching a signalized intersection. Distance and location of said yellow flashing beacon shall be set per the CALTRANS Traffic Manual and Highway Design Manual. 6. All of the above signal work shall be completed prior to the opening of the Friant Entrance Road to any traffic. Copper Avenue: 1. Signalize the intersection of Copper and Cedar complete with left turn phasing, actuation, and emergency signal pre-emption. 2. Signalize the intersection of Copper and Maple complete with left turn phasing, actuation, and 3mergency signal pre-emption. 3. Signalize the intersection of Copper and Millbrook complete with left turn phasing, actuation, and emergency signal pre-emption. If signal warrants are not satisfied for this intersection upon build out of the single family, multi-family projects, and commercial shopping centers, this condition may be rescinded by the City Engineer. 4. The above three intersections shall be signalized at the earlier of signal warrants being satisfied or at such time the City Engineer requests its installation be completed. If within five years after the completion of all phases of this project signal warrants have not been satisfied for a particular intersection then the requirement to signalize such intersection may be removed as a condition of approval of this project. 5. Dedicate and Construct a two hundred foot(200')eastbound right turn lane at the intersection of Copper with Willow Avenue. 6. To maintain the design capacity of Copper Avenue limited access may be allowed to non- residential parcels.All access point shall require the approval of the Traffic Engineering Division on a case per case basis. The number and type of access points shall be limited to the following per half mile segment: a. No more than one left turn access point shall be allowed in each direction. b. The maximum number of access points shall not exceed three Willow Avenue: 1. Dedicate and Construct a two hundred foot(200')northbound left turn lane at the intersection of Willow with Copper Avenue. Construct any necessary transition paving north and south of said intersection based on,a 55 MPH design speed. Roundabout analysis of internal Copper River Ranch intersections Since the TIS submitted for this project did not analyze the design and capacity of the proposed Roundabouts, their design and installation cannot be allowed until all the necessary studies are performed. Such further studies will need to compare advantages and disadvantages of a roundabout versus a signalized intersection. Some of the criteria shall be but not limited to the following: 1. Cost 2. Pedestrian accessibility 3. Right-of-way required -1. Capacity of intersection 5. LOS of intersection 6. Bicyclist accessibility 7. Air emissions _1_ R\Traffic Impact Studies\Copper_river_TISReview.doc Mike Sanchez-Copper river TISReview.doc Page,3, c: Traffic Reading File Ruth Davis,6807 Leameadow,Dallas.TX 75248 I r 3 D:\Traffic Impact SlAies'Copper.-iver_TISReview.doc MK Sanchez-T-5205 COPPER RIVER 10 26-04.doc­­ � Pa e 1 .__. ,-- _ a,n _ .. ._ sty .e.. . .�, City of DATE: October 26, 2004 TO: Mike Sanchez, Planner III Planning and Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Interim Transportation Manager Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5205, Revised Public Works Conditions of Approval The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5205, which was submitted by Copper River Ranch LLC. The subdivision is located northeast of Copper Avenue and Friant Road. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: i 1. Handicap access ramps are required at all corners within the limits of this tract. 2. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. 3. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 4. Wedge curbing and/or rolled curbs are not an approved Public Works Standard and therefore such will not be approved on any proposed public streets within this subdivision. Construct all curb and gutter to Public Works Standard P-5. 5. While the tentative tract map exhibits and its accompanying conditional use permit present several non-standard improvements, all of which are not approved. All improvements to be installed within public streets shall comply with the current Public Works Standards in effect at the time of construction. 6. Submit details for the proposed gated entries prior to conceptual approval. 7. Submit cross sections for the following prior to conceptual approval: a Maple Avenue b. Friant Road c. Copper Avenue's Multi-Purpose Trail (bike, pedestrian and equestrian) d. All mid-block golf cart/Neighborhood Electric Vehicle(NEV)crossings 8. Any work within the County's jurisdiction shall be based on Fresno County Standards. Page 1 of 6 DATRACT&PAPCEL MAP REQUIREMENTS\tract maps\T-5205 COPPER RIVER 10-26-04.doc Mike Sanchez T 520E COPPER RIVER 10 26-04 doc_� Page 2 Frontage Improvement Requirements: Major Streets: North Friant Road: Scenic Expressway 1. Construct concrete curb and gutter to Public Works Standard P-5 within the limits of this development. (No sidewalk) 2. Construct an 80-foot bus bay at the northeast corner of Friant Road and Copper Avenue. Concrete curb and gutter shall be constructed to the City of Fresno's Standard Drawing P-73, complete with a 10-foot monolithic sidewalk. 3. Construct twenty(20)feet of permanent paving within the limits of this development. Construct transition paving, as necessary, based on a 55 mph design speed. 4. :,onstruct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-10 for Expressways. 5. Relinquish direct vehicular access rights to North Friant Road from all lots within this development. East Copper Avenue: Super Arterial 1. Dedicate an easement for public street purposes per the Director's Determination. Dedicate 23'- 27' measured from section line,from Cedar to Chestnut Avenues. 2. Construct concrete curb and gutter to Public Works Standard P-5 within the limits of this development. (No sidewalk. See planning comments for trail requirements) �. Construct an 80 foot bus bay at the northwest corner of Copper/Cedar, Copper/Maple and Copper/Millbrook. Concrete curb and gutter shall be constructed to Public Works Standard P-73, complete with a monolithic sidewalk. 4. Construct twenty(20)feet of permanent paving within the limits of this development. Construct transition pa\ing, as necessary, based on a 55 mph design speed. 5. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 6. Relinquish direct vehicular access rights to East Copper Avenue from all residential properties within this development. North Maple Avenue:4-lane w/dual left turns all around 1. Dedicate an easement for public street purposes, within the limits of this development to meet the current City of Fresno Arterial Standards to accommodate: 4-12' lanes, 1-12' right turn lane, 2-11' left turn lanes, 2-5'bike lanes, a 5'wide median nose and 10'curb patterns. An additional 2' shall be required adjacent to any medians placed adjacent to the through lanes. The minimum edge of the electrical tower to face of curb clearance shall be 5'. Design speed shall be 45 mph for Maple Avenue. 1 Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot commercial pattern. 3. Construct an 80-foot bus bay at the northeast comer of Copper/Maple. Concrete curb and gutter shall be constructed to the Public Works Standard P-73, complete with a 10-foot monailthlc sidewalk. 4 Construct twenty(20)feet of permanent paving within the limits of this development. Page 2 of 6 MTRACT&PARCEL MAP REQUIREMENTS\tract maps\T-5205 COPPER RIVER 10-26-04.doc •--,.cam Mike Sanchez T-5205 COPPER RIVER 10 26 04 doc Page 3 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 6. Relinquish direct vehicular access rights to the southerly 150'of Maple Avenue from all lots within this development. North Cedar Avenue: Collector, 4-lane(to be constructed on both sides) 1. Dedicate 94'-110' of property for public street purposes,within the limits of this development to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk +:attern shall be constructed to a 10-foot residential pattern. 3. Construct an 80-foot bus bay at the northeast corner of Copper/Cedar. Concrete curb and gutter shall be constructed to Public Works Standard P-73, complete with a 10-foot monolithic sidewalk. 4. Construct twenty(20)feet of permanent paving within the limits of this development. 5. G,)nstruct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Cedar Avenue from any single family residential within this development. Friant Entrance Road: Collector(to be constructed on both sides) i 1. Dedicate an easement for public street purposes,within the limits of this development to meet the current City of Fresno Collector Standards. Additional right of way shall be dedicated to accommodate dual left turns. The minimum curb-to-curb width for eastbound traffic shall be 30' and the minimum width for westbound shall be 39' (2-11', 1-5', 1-12'). 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. Alternate patterns can be considered. 3. Construct twenty(20)feet of permanent paving along the frontage within the limits of this development. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits Of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to Friant Entrance Road from all lots within this development. Collectors No. 1 and No. 2 see exhibit"A" (to be constructed on both sides) 1. Dedicate up to 110' of property for public street purposes,within the limits of this development to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10-foot pattern. 3. 'Construct an 80 foot bus bay at the southwest comer of Collector 1/Collector 2 and at the southwest corner of Collector 2/Maple. Concrete curb and gutter shall be constructed to Public Page 3 of 6 D:ITRACT&PARCEL MAP REOUIREMENTSItrdcl mapslT-5205 COPPER RIVER 10-26-04.doc Mike Sanchez-T-5205 CC P;-IER RIVER 10 26 04 doc Page 4 Works Standard P-73, complete with a 10-foot monolithic sidewalk. 4. Construct twenty(20)feet of permanent paving within the limits of this development. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. F Relinquish direct vehicular access rights to Collector No. 1 and No. 2 from all lots within this development as shown on the preliminary tentative tract map. Local Str;;-.-ts: Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the P,:b?c 4orks Standard P-44. I. All coi itact points with major streets shall be constructed to Public Works Standard API-1. 2. In order to maintain the proposed 40'right-of-way, the developer shall designate them as"Private Streets"OR all streets with a proposed 40'right-of-way shall be changed to 44'minimum right-of- way provided that the following conditions can be accommodated: a. Provide a 36' minimum width from curb to curb. b. Provide 4' minimum from curb face to property line. c. Prior to approval, verify the location of all utilities within the street right-of-way. Submit a cross section indicating the layout for all utilities. (Fire hydrants, streetlights, PG&E, telephone, cable, pull boxes, FMFCD utilities, street signs, mailboxes, etc.) 3. The proposed 50' street cross section shall be revised to reflect the following: a. The minimum curb face to walk shall be 5.5' b. An additional 1.5' P.E. is necessary for a total of 2.5'. c. Construct a minimum 4' sidewalk. 4. Tl,e proposed 56'street cross section shall be revised to reflect the following: a. Identify a 4' pedestrian easement on both sides of the street. 5. The proposed 60' street cross section shall be revised to reflect the following: a. Identify a 4' pedestrian easement on both sides of the street. 6. Local Collector No. 3,'see Exhibit"A" a. Dedicate 72' ofproperty for public street purposes, within the limits of this development. b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 12-foot residential pattern. Specific Traffic Mitigation Requirements: 829 lots This tract will generate 622 a.m. 1838 p.m. peak hour trips, therefore, a Traffic Impact Study(TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study has been submitted to Traffic Planning for a TIS "scope". The TIS scope for this project was provided to the developer on February 4, 2004. On October 07, 2004 a 'TIS report was submitted to the City of Fresno for staffs evaluation. Please refer to TIS comments nerrc dated October 26, 2004 for additional improvement requirements that need to be mitigated by this project. I. The first order of work shall include a minimum of two permanent points of vehicular access to major streets for any phase of this development. 2. All Well Sites shall be accessed from interior streets. Any other proposals will require the Page 4 of 6 MTRACT 8 PARCEL MAP REf UIREMEMTSItract mawT-5205 COPPER RIVER 10-26-04.doc Mike Sanchez-T-5205 COPPER RIVER 10 26 04 doc Page 5 approval of Traffic Engineering. 3. The proper design of the roundabouts may necessitate more or less right-of-way. This shall be determined at the street plan design stage of this project. Roundabouts shall comply with Federal, State and ADA guidelines and shall be subject to review and approval from a private consultant and the City of Fresno. 4. Provide full off-site improvements adjacent to the PG&E parcel located on Copper between Cedar and Maple. 5. Dedicate and construct a northbound right tum lane along Friant Road at the Friant Entrance Road. The right turn lane shall be a minimum of 250'or 25' per queued vehicle, as indicated in the required Traffic Impact Study, whichever is greater. 6. Dedicate and construct a 20'wide emergency access from this subdivision to Willow Avenue. 7. Multi-Purpose Trail: a. Provide a Multi-Purpose Trail easement: 50'wide, on the south side of outlet FF within the limits of the proposed neighborhood commercial site at the northeast corner of Friant and Copper. b. Construct the Multi-Purpose Trail within the required easements. Identify the Multi-Purpose Trail Easement on Copper from Maple to the easterly boundaries of this subdivision. j Relinquish direct vehicular access rights to: a. The south property line of lot 34. b. The southwest property line of lots 253,679 and 663. c. The northeast property line of lots 252,581 and 664. d. The east property line of lots 351 and 823. UGM Requirements: I This subdivision is outside the current UGM boundaries but within the City sphere of influence. The applicant hds proposed an impact fee program to fund infrastructure needed to address specific impacts associated with the proposed Tract. As a minimum, the impact fee program shall facilitate construction of the street and intersection improvements within and adjacent to this subdivision. The Applicant shall cause to prepare an amendment to the UGM program for Council consideration to adopt the proposed impact fees for this subdivision. The Applicant shall identify a mechanism to fund maintenance of all landscape, entrance features, benches, trails, lighting, etc. within the proposed public easements. The Applicant may utilize a homeowners association or they may petition the Council to form a Community Facilities District in accordance with state guidelines and statutes.. North Friant Road: Scenic Expressway 1. Construct(2)two twenty(20)foot UGM center section travel lanes within the limits of this development. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate the number of lanes determined by the Traffic Impact Study and any,other grading or transitions and drainage, as necessary based on a 55 MPH design speed. 2. Construct an 8"raised Concrete median island within the limits of this development(22'to 26'in wi(ith). East Copper Avenue: Super Arterial 1. Dedicate and construct two(2)twenty.(20)foot center section travel lanes within the limits of this Page 5 of 6 OATRACT&PARCEL MAP REQUIREMENTSAract maps\T-5205 COPPER RIVER 10-26-04.doc , Mike Sanchez T-"5-2-0-5 COPPER..PIVER ge 10 26 04 doc Pa61 - development. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate dual left turn lanes at the Copper/Maple intersection and any other grading, transitions and/or drainage requirements, as necessary, based on a 55 MPH design speed. 2. Construct an 8"raised concrete median island within the limits of this subdivision. Provide 250' left turn lanes at all intersections. 3. Construct dual left turn lanes at all legs and the intersection of Copper/Maple. North Maple Avenue: Collector w/dual left turns 1. Construct two(2) seventeen (17)foot center section travel lanes within the limits of this devr:lopment south to the intersection with Copper Avenue. Details of said street shall be depicted on the approved tentative tract map. Dedication and construction shall be sufficient to ac..;o,-,imodate for dual left turns at the intersection of Maple and Copper. 1. an 8"raised concrete median island within the limits of this development. North Cedar::venue: Collector t. Cons -Uut two(2) seventeen (17)foot center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. Friant Entrance Road: Collector 1. Construct two(2)seventeen (17)foot center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. 2. Additional right of way shall be dedicated to accommodate dual left turns. Collectors No. 1 and No.2 (see exhibit"A") 1. Construct two UGM center section travel lanes within the limits of this development. Dedication and construction shall be in accordance with Public Works Standard P-69. REF:R-03-1' Page 6 of 6 O:\TRACT&PARCEL MAP REQUIREMENTS\tract maps\T-5205 COPPER RIVER 10-26-04.doc City of DEPARTMENT OF PUBLIC UTILITIES Date: August 19,2004 To: ROBERT LEWIS, Planner III Planning and Development Department, Current Planning From: DOUG IIECIM?, Engineer II 'D,A , Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5205, C-04-153 and C-04-154 Proiect Description V'esti'ng Tentative Tract 52051UGM and Conditional Use Permits No. C-04-153 and C-04-154, an 823- lot single family residential planned development subdivision with 45 outlots for future multi-family residential, open space and commercial uses on 460 acres ofR-1, R-2, R-3, C-1, C-2 and C-5 zoned properties located on the north side of East Copper Avenue between North Friant Road and North Willow Avenues_ Comply with all the sewer and water mitigation measures as stated within the Draft Environmental Impact Report for Copper River Ranch. Sanitary Sewer Requirements A recently constructed sanitary sewer lift station is located on the north side of Copper Avenue east of North Cedar Avenue built primarily to serve development activity south of Copper Avenue in accordance with previously approved subdivision maps and the City's General Plan land uses. Included in the lift stations design is capacity for an initial 500 Equivalent Dwelling Units (EDU) within the Copper River Ranch(CRR) project based upon the assumptions and conditions as outlined in a letter from the City of Fresno dated November 14, 2001, attached. The following conditions shall be required to provide sewer service to the project. 1_ The developer may utilize the City's lift station and force sewer main for sewage discharge from the first 500 constructed EDU. Z The developer is required to design and construct an on-site tertiary wastewater treatment facility acceptable to the City of Fresno, for which construction shall be completed prior to construction of the 501 EDU. Once constructed, all flow from CRR shall be directed to the tertiary wastewater treatment facility. The City will accommodate permanent sludge discharged from the planned CRR treatment facility to the City Sewer System. 3_ The developer shall construct and/or pay for all facilities necessary to accommodate the impact of connection to the City sewer system and associated wastewater treatment. 4. Proposed methods and points of connection to the City Sewer System shall be submitted for review and subject to Department of Public Utilities approval. 5. All sanitary sewer facilities to be constructed shall conform to City of Fresno Standards. 6. A Preliminary sewer design layout shall be submitted including sewer flow contribution calculations for the entire project site for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 7. Effluent discharge from CRR wastewater treatment plant into the city system shall be metered. Sanitary Sewer Fees The following Sewer Connection Charges shall be paid for the Project: 1. Oversize Sewer Charge 2. Trunk Sewer Charge: Herndon 3. Herndon Trunk Enhancement Fee 4. Wastewater Facilities Charge (Residential Only) 5. Sewer Facility Charge (Non-Residential) Following construction of the tertiary treatment facility and upon discharge of sludge from the treatment facility to the sewer system, CRR shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. CRR shall receive credit from payment of Wastewater Facilities Charges paid for the first 500 EDU constructed against future Sewer Facility Charges to CRR for sludge discharge. Water Requirements The Fresno City Council adopted by Resolution No. 2002-318 a Water Supply Assessment (WSA) as required by SB610 demonstrating that there is adequate water supply available to meet the Project water demands for a minimum 20 years. The following requirements and conditions are being imposed to ensure the findings of the WSA for the CRR Project, dated September 25, 2002. The nearest City of Fresno water mains to the project are a 14-inch main located in North Friant Road and a 14-inch main located in East Copper Avenue. CRR may also be a recipient of water from the City's recently constructed surface water treatment plant, which is located two miles east of the Project site. It is anticipated that the surface water facility will only provide a seasonal delivery of water to serve the Project, not on a year-round basis. CRR shall construct additional water supply facilities deemed necessary and approved by the City of Fresno Department of Public Utilities-to serve peak water demands of the Project during non-surface water delivery periods. Water supply facilities to be constructed as part of the Project include community water supply wells, wellhead treatment and distribution systems. The following water improvements shall be required to serve the Project. 1. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in East Copper Avenue from North Friant Road east across the development frontage. 2. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 3. Separate water services with meter boxes shall be provided to each lot created. 4. Installation of public fire hydrant(s) is required in accordance with City Standards. 5. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 4,300 gallons per minute, sufficient to serve peak water demand for the project. Well site(s) shall provide direct access to public streets. Well site(s) shall be of size(s) and at location(s) acceptable to the Water Systems Manager. 6. Water well construction shall include wellhead treatment facilities, if required. 7. Approval of the subject map does not provide acceptance of well site(s) location(s). 8. A water model analysis for the water distribution system located within the tract shall be provided for review to the City of Fresno Water Division and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 9. 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. 10. All public water facilities shall be constructed in accordance with City Standards, specifications, and policies. 11. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project. 1. Wet-ties, water service(s) and/or meter(s) installations to be performed by the City Water Division. 2. Frontage Charge 3. Transmission Grid Main Charge 4. Transmission Grid Main Bond Dept Service Charge 5. Water Supply Charge San Joaquin Valley Air Pollution Control District July 15, 2004 I Reference No. 454DEV2004 Mike Sanchez Planning Department and Dev. Dept. 2600 Fresno St., Third Floor Fresno, CC 93721-3604 Subject: T-5205, C-04-153, C-04-154 (Copper River Ranch) Dear Mr. Sanchez: The San Joaquin Valley Unified Air Pollution Control District (District) has previously commented on this project. The District offers the following comments in addition to previous comments. Previous Comments: ■ To Darrell Unruh. For NOP Draft EIR 10126 Copper River Ranch. Sent September 26, 2001. District Reference No. 20010449. • To Bruce O'Neal. For DEIR 10126 Copper River Ranch. Sent January 2, 2003. District Reference No. 20020582 The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter (PM10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project will generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). This project has already been analyzed for potential significant air quality impacts in EIR No. 10126- Copper River Ranch DEIR SCH No. 200021003. In accordance to California Environmental Quality Act (CEQA) Guidelines §15168.c, the District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study to determine project specific impacts. The City should be aware that District rules are periodically revised. This project will be subject to the rules current at the time of development/construction. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules. Current District rules can be found at http://www.vallevair.orq/ruies/1 ruleslist.htm. • District Rules 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and District Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. Mr. Sanchez July 15,2004 T-5205, C-04-153, C-04-154 Page 2 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. • District Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) 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. A construction assistance bulletin has been enclosed for the applicant. Please be advised that the District is currently amending Regulation VIII and anticipates implementing revised requirements on or about October 1, 2004. If construction were to commence on or after October 1, 2004, the applicant should contact the District to determine where requirements may have changed and how rule changes may affect the project. • District Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance.operations. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.orci/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. 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. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. 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 Mr. Sanchez July 15, 2004 T-5205, C-04-153, C-04-154 Page 3 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 designated in anticipation of future growth. Specifically: Trail Easement entrances should be provided at regular and equitable distances to provide residents of all areas with uncomplicated access. The proposed development should be made into a more walkable community through the addition of mid-block connecting pathways throughout the project area. Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. The entire project area should be analyzed for potential mid-block accesses. Some potential mid-block path locations include the following: - Between lots 7/20 and 8/21 or between lots 23 and 24 to facilitate pedestrian movement to Outlot E 'Public Park' - Pedestrian access should be provided to facilitate direct pedestrian movement from the interior of the Village A to N. Friant Road and E. Copper Road. - Will Outlots T, U and V be available for pedestrian use? - Pedestrian gates should be provided to allow pedestrian movement from Village G to N. Friant Road. - Residents of Village H should be provided pedestrian access to N. Friant Road. The. applicant should provide a safe pedestrian environment at pedestrian-vehicle intersections. The applicant should consider measures to increase pedestrian safety. Such measures could include: ladder marking the walkway, curb bump-outs and crossing islands (also called refuge islands and pedestrian islands). The applicant should also assess the potential for jaywalking on long-block sections in the project area. If there are potential mid- street crossing points, the applicant should install pedestrian safety measures such as curb extensions, signage and striping. For information on pedestrian safety measures see http://www.walkinginfo.org/(Specifically- Design & Engineering: Engineering Treatments). • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or Low-E) High-albedo (reflecting) roofing material. See http:Heetd.lbl.gov/coolroof/ Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHouston/ , http://eande.lbi.c)ov/heatisland/ Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html Energy efficient lighting, appliances, heating and cooling systems. See http://www.energVstar.gov/ Install solar water-heating system(s) Install photovoltaic cells Install geothermal heat pump system(s) Programmable thermostat(s) for all heating and cooling systems Awnings or other shading mechanism for windows Porch/Patio overhangs - Ceiling fans,whole house fans - Orient the units to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.orq - Electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment Mr. Sanchez July 15,2004 T-5205, C-04-153, C-04-154 Page 4 - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - 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 More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergyicenter.org/index.html http://www.ciwmb.ca.gov/GreenBuildin_q • The applicant should implement measures to reduce the amount of vehicle traffic to and from the project area that further reduce air pollution in the valley. This could include providing information centers for residents to coordinate carpooling. Check out the "Spare the Air" section of our website www.vallevair.org • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.orq/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Require construction equipment used at the site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. - -- - Use alternative fuel construction equipment. - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). - Install wind breaks on windward sides of construction areas. - Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and"Spare the Air Days"declared by the District. - Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. - A list of additional construction emission mitigation measures has been attached for your consideration. District staff is available to meet with you and/or the applicant to further discuss this project. If you have any questions or require further information, please call myself at 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at 230-5820 and provide the reference number at the top of this letter. Sincerely, Chrystal M ier CEQA Commenter Central Region ctor R. Gue Senior Air Quality Planner Enclosures c:file Construction Emissions Mitigation From Table 6-3 of the District's Guide to Assessing and Mitigating Air Quality Impacts 2002 revision (GAMAQI) - Limit Traffic Speeds on unpaved roads to 15 mph - Install Sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks, or was off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Suspend excavation and grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one times From Table 6-4 of the GAMAQI - Use of Alternative fueled or catalyst equipped diesel construction equipment. The project applicant should identify the construction equipment that can feasibly be switched from conventional to alternative-fueled or catalyst-equipped diesel equipment. The project applicant should identify a minimum of alternative fueled or catalyst-equipped diesel construction equipment that will be used for this project. As an example of alternative fuels, not all biodiesels or biodiesel blends will result in reduced NOx emissions. According to the EPA's website, biodiesel use generally results in an increase in NOx emissions. The California Air Resources Board (CARE) has certified specific biodiesels for NOx reduction. Only biodiesels that have been certified by CARB should be used. For more information on biodiesel or other types of alternative fuels,.please call Mr. Chris Acree, Air Quality Specialist, at (559) 230-5829. The applicant should calculate the associated emission reductions from implementing this mitigation measure. - Curtail construction during periods of high ambient pollutant concentrations; this...may . include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways The project applicant should state the criteria for curtailing construction activities, and the steps that will be taken to reduce emissions. For curtailment during periods of high ambient pollutant concentrations, the criteria should be set in terms of the Air Quality Index. See the table below for more information on the Air Quality Index. Air Quality Index Numerical Meaning Levels of Health Concern Value Good 0-50 Air quality is considered satisfactory, and air pollution poses little or no risk. Air quality is acceptable; however, for some Moderate 51-100 pollutants there may be a moderate health concern for a very small number of people who are unusually sensitive to air pollution. Unhealthy for Members of sensitive groups may experience Sensitive Groups 101-150 health effects.The general public is not likely to be affected. Everyone may begin to experience health effects; Unhealthy 151-200 members of sensitive groups may experience more serious health effects. Very Unhealthy 201-300 Health alert: everyone may experience more serious health effects. Hazardous >300 Health warnings of emergency conditions. The entire population is more likely to be affected. http://www.epa.- ov/airnow/agi.html#good Additional Construction Mitigation Measures Penn 1 of 7 Minimize idling time(e.g. 10 minute maximum) Institute idling limits to prevent unnecessary diesel emissions. Engines should be shut off when not in use, including during breaks and lunches. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use The project applicant should specify the conditions of reduced hours or reduced amount of equipment. Hours can be reduced under certain circumstances such as during levels of high ambient air pollution or during peak travel on nearby roads. Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) The project applicant should determine the construction equipment that will be electrically driven. Implement activity management(e.g. rescheduling activities to reduce short-term impacts) The applicant should specify what measures will be implemented. Additional Mitigation Measures When feasible, construction activity should occur during early morning, late evening, and night time hours. Ozone formation is directly related to temperature and sunlight. If the project emits short-lived ozone precursors during cooler hours, the project's local impact will be reduced. Pave haul roads in the project area. Construction equipment should have engines that are at least Tier I (as certified by the Air Resources Board). Tier I and Tier II engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engines certified by the Air Resources Board, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then-` manufacturer. The "Executive Order" shows what Tier the engine is certified as. - Participate in the District's Heavy Duty Engine Program. The District has a Heavy-Duty Engine program to help engine owners reduce 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 htto:www.vallevair.orq/transportation/heavydutyidx.htm. - Construction Mitigation On the Web. See the Air Resources Board's website for more information on reducing emissions from diesel engines. California's Diesel Risk Reduction Plan http://www.arb.ca.gov/diesel/documents/rrpapp.htm. Another website for reducing construction emissions is the UC Davis-Caltrans Air Quality Project at http://agp.engr.ucdavis.edu/. Additional Construction Mitigation Measures Pana')of 7 STATE OF CALIFORMA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARRZENEG Fa Go emoT DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 �� c i=, (� (� Be energy efficient! TTY (559)488-4066 C'r 3 1 20-04 July 14, 2004 P;_­nnino DM;s cn 2131-IGR/CEQA 6-FRE-41-31.6+/- C-04-153, 154 & T-5205 COPPER RIVER Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the use permits and tract map for the proposed 823-lot single-family residential project on property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. The proposal is part of the Copper River Development. Caltrans has the following comments: Our previous comments on the Copper River DEIR (2003, SCH #2000021003) are still applicable. Caltrans has reached an agreement with the proponents of the Copper River Ranch project for mitigation of the project's impacts to the State Route 41/Friant Road interchange. The amount of the agreed-to mitigation is $700,000. To date, we have not received this mitigation from the project proponent. While this amount represents this project's pro rata fair share for traffic impacts to the State Route 41/Friant Road interchange, we stand by our earlier comments on the City of Fresno's General Plan Master EIR and our January 3, 2003 (copies enclosed) on the Copper River Program DEIR. In those letters we stated that cumulative impacts to both transportation/circulation and air quality have not been fully analyzed nor mitigated. We request that this letter be made a 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. "Caltrans improves mobility across California" Mr. Mike Sanchez July 14, 2004 Page 2 Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, v:L2� MOSES STITES Office of Transportation Planning District 6 Enclosures C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" TC OF CAUK 2NfAZM �ANS�QEi.��AI AMn HOMO AGENCY C Y DA�sawrer DIPARTMENT OF TRAMPORTATIO] 1352 West 04ve Avenue PostOfflee Box 12616 kem, Calfforria 93778 TDD(859)488.4066 OFFICE(559)445.6666 FAX(6M 488-A101 October 19,2001 2131 IGR/CEQA 6-FRE-41-31.6+/- COPPERRIVER NOP1Dh'IR SCH 2000021003 Mr.Darrell Unruh City of Fresno Development Depa ta=t 2600 Fresno Street, Fresno,CA 93721 Dear Mr.Unruh: We have reviewed the Notice of Prepar4tioa to prepare a Draft Environmental Impact Report (DE1R) for the Copper River Ranch project located north of Copper Avenue between Friant Road and Willow Avenue. Caltrans offers the following comments: Cur previous letter dated =100 (copy enclosed) to Fresno County is still valid. This correspondence contains various comment and recommendations pertaining to the parameters for the study, and needs to be incorporated into the City of Fresno DEIR. In consideration of mitigation, Caltrans acknowledges the voluntary fair share contribution of $700,000.00 for the Friznt corridor as agreed to in the 6129101 letter (copy endo,sed)from the project proponent and deems it to be appropriate. Should you have any questions;please call me at(559)445-6666. Sincerely, MOSES S'I rM Offt=of Transportation Plarmiug District 6 Enclosures C. State Clearinghouse �-�- L V I cas U N I F I E D SCHOOL DISTRICT November 25, 2003 1450 HERNDON AVENUE FXCEIWD CLOVIS,CA 93611-0599 559.327.9000 Mr. Gil Haro DEC 01 2003 Planning & Development Department www.dovlsusd.kl2.w.us City of Fresno pEVELOPMENTDEPARTMENY 2600 Fresno Street CITY OF FRESNO Fresno, CA 93721 SUBJECT- Copper River Ranch Proposed Tentative Map GOVERNING BOARD Sandra A.Bengel Dear Mr. Haro: Brian D.Herylord GlnnyL.Hovsepian Thank you for providing us with a copy of the preliminary tentative tract map for Richard Lake, C.P.A. Copper River Ranch project. This map covers the western portion of the project site Elizabeth J.Sandoval and does not include an elementary school site. Since the Copper River Ranch JimSu Van . Walker, D.D.S. would generate enough students to fill an entire elementaryschool our main Susan M. Walker, D.H.Sc project g � concern throughout the project's long processing history has been the provision of an elementary school site to serve the project. As you are aware, the schools mitigation measure in the Final EIR states the following: ADMINISTRATION The developer shall identify the location of an elementary school within the Terry Bradley,Ed.D. Superintendent boundaries of CopperP River Ranch acceptable to CUSD. Should CUSD Vlrglnla R.Boris,Ed.D. select an off-site location to serve Copper River Ranch, the agreed-upon site Associate Superintendent and any necessary agreements shall be in place prior to approval of the first Daniel E.Kaiser,Ed.D. Assodate Superintendent final subdivision map. William C.McGuire Associate Superintendent Our understanding is that a master conditional use permit for the entire site was to be Janet L.Young,Ed.D. submittedrior to individual tract maps. In accordance with the mitigation measure, AssockteSuperintendent p p g the developer should identify the location of an elementary school, not necessarily within this map, but within the overall project development plan at this time. Our concern is that this proposed partial map could be approved, and hundreds of homes constructed, without the identification of a school site by the developer somewhere within the project. The 2025 Fresno General Plan shows a placeholder school site within the project adjacent to Willow Avenue. The purpose of this designation was to represent that a school site will be needed within or near the eastern portion of the Copper River project. Now that site specific entitlements are beginning to be processed for the project, the location of the site needs to be nailed down in accordance with the EIR mitigation measure, and the most appropriate way to accomplish this is for the site to be shown and integrated within the overall development plan of the Copper River project. Continued Mr. Gil Haro November 25, 2003 Page 2 Once a school site is identified on the overall project plan, which would allow for consideration of how the school site will work within the plan, including the provision of necessary infrastructure, the processing of the subject tract map and any other entitlements could then proceed with the knowledge that the school requirement has been satisfied. The District is more than willing to work with the developer to identify an appropriate school site within the Copper River Ranch project in accordance with the City's General Plan and the EIR.mitigation measure. Thank you for the opportunity to comment on the proposed map. Please contact me if you have any questions regarding this letter. Sincerely, 1(;eA- Roger Oraze, Ed.D. Assistant Superintendent, Facility Services cc: Terry Bradley, Ed.D. William C McGuire Scott Odell FRESNOARE4 EXPRESS FRESNO AREA EXPRESS DATE: July 29, 2004 TO: Mike Sanchez Development Department FROM: John Villeneuve Fresno Area Express SUBJECT: REQUEST FOR COMMENTS ON UGM C-04-153-COPPER RIVER FAX currently does not operate service to the proposed Copper River Ranch area. In the immediate future, FAX may provide express service to the proposed Park and Ride Lot at the corner of North Friant Avenue and East Copper Avenue. It is recommended that the project proponent consider providing adequate space so that a 40 foot FAX bus can access and exit the Park and Ride Lot with ease in the event that express service is provided. In addition,in the long term,if fixed route service is provided to the development, FAX would request that bus bays be provided along unnamed east to west street at h o nearside locations identified as Outlot E and Outlot HH and also at the northwest corner along East Copper Avenue at North Cedar Avenue. In addition, the project should include busbays at all major intersections within the development in anticipation of future transit delivery.The bus bay stops will provide safety and convenience for passengers and the driving public. Bus stop bays provide safe passenger boarding and alighting while not inhibiting the flow of traffic. The bus stop bay should conform to the detail drawing contained in the Fresno Area Express Facilities and Development Standards Exhibit 6-7 (farside intersection). A copy of the Bus Bay Detail is attached. Also, to ensure future compliance with the Americans with Disabilities Act, FAX recommends a concrete bus stop shelter pad be placed at the bus stop bays as depicted in Exhibit 6-9 of the Fresno Area Express Facilities and Development Standards.The concrete pad should be 24 feet long, and 4 feet wide. A Concrete bus stop shelter pad location guide is attached. Electrical service for shelter lighting and other passenger amenities should be provided at each bus stop shelter pad. FAX shelter lights and other amenities require standard 110 electrical service. Thank you for the opportunity to comment. If you have any questions, please call me at extension 1436. Attachments STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION I352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 r Flex your power! FAX (559)488-4088 I .'�_ �' I^` (� TTY (559)488-4066 V!r��� Be energy efficient! October 7, 2004 0 C T 1 2 K`0 2131-IGR/CEQA C' 1J-Sion 6-FRE-41-31.6+/- C-04-153, 154 & T-5205 COPPER RIVER Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: Caltrans notes that on September 30, 2004 the City published a"Notice of Environmental Finding" for the above-named project. Caltrans made comments on this project in a letter dated July 14, 2004 (copy enclosed). Please ensure that our letter is included in any staff report prepared for this project. The applicant agreed to a fair share contribution of$700,000 to mitigate for this project's impacts to State Route 41/Friant Road interchange. Please have the applicant contact this office to enter into a Deferment Agreement with Caltrans. This agreement is necessary as part of Caltrans accounting procedures for collecting mitigation. We request that this letter be made a 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 item. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Mr. Jeff Roberts, Granville Homes Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEG ER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE • : P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flesyourpower! FAX (559)488-4088 \ I-1 ;, /7_ Be energy�cient! TTY (559)488-4066 u ll �C u `!/ �Ell CCT ? 2 !'°11 July 14, 2004 P: .nn,;nD v ;on Dev 2131-IGR/CEQA 6-FRE-41-31.6+/- C-04-153, 154 & T-5205 COPPER RIVER Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the use permits and tract map for the proposed 823-lot single-family residential project on property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. The proposal is part of the Copper River Development. Caltrans has the following comments: Our previous comments on the Copper River DEIR (2003, SCH #2000021003) are still applicable. Caltrans has reached an agreement with the proponents of the Copper River Ranch project for mitigation of the project's impacts to the State Route 41/Friant Road interchange. The amount of the agreed-to mitigation is $700,000. To date, we have not received this mitigation from the project proponent. While this amount represents this project's pro rata fair share for traffic impacts to the State Route 41/Friant Road interchange, we stand by our earlier comments on the City of Fresno's General Plan Master EIR and our January 3, 2003 (copies enclosed) on the Copper River Program DEIR. In those letters we stated that cumulative impacts to both transportation/circulation and air quality have not been fully analyzed nor mitigated. We request that this letter be made a 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. "Caltrans improves mobility across California" Mr. Mike Sanchez July 14, 2004 Page 2 Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at(559) 445-6666. Sincerely, V'�r7 MOSES STITES Office of Transportation Planning District 6 Enclosures C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" IS=OF GUfAMn HO fiNG AGMCY -OPAYDAS ce MW PIPARTMENT OF TRANSPORTATIO1 1352 west 011ve Avenue Post Of}tes Box 12616 Fresno, Cauinrnia 93778 TDD(SM 486-4066 OFFICE(559)446•6b66 FAX(6M 4WA 101 October 19, 2001 2131 IGR/CEQA 6-FRB-41-31.6+/- COPPER RIVER NOWDER SCH 2000021003 Mr.Darrell Unruh City of Fresno Development Department 2600 Fresno Street, Fresno,CA 93721 Dear Mr.Unruh: We have reviewed the Notice of Preparation to prepare a Draft Environmental Impact Report (DEIR) for the Copper Raver Ranch project located north of Copper Avenue between Fd=Road and WMow Avenue. Caltrans offers the following comments; Our previous letter dated 3(2400 (copy enclosed) to Fresno County is still valid. This correspondence contains vad ous comments and recommendations pertaining to the parameters for the study, and needs to be incorporated into the City of Fresno DEIR. In consideration of mitigation, Caltrans acknowledges the voluntary fair shhara contxibution of $700,000.00 for the Fzixat coaidor as agreed to in the 6129/01 letter (copy enclosed)fro®,the project proponent and deems it to be appropriate. Should you have aay questions, please call me at(559)445-6W. Sincerely, eizo mosEs smms Office of Transportation Planning District 5 Enclosu es C: State Clearinghouse CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study is on file in the Planning and Environmental tiQ4 5FQ 29 AM 8` 01 Development Department, City Hall Assessment Number: QTY CLERK, FRESNO �' 2600 Fresno Street, Fresno, California 93721 C-04-153, T-5205 559 621-8277 APPLICANT: Copper River Ranch Assessor's Jeff Roberts Parcel Number: 1396 West Herndon Avenue 579-070-02, 03,7, 18, j Fresno, CA 93711 82, 94 PROJECT DESCRIPTION AND LOCATION: Conditional Use Permit No. C-04-153 Filed with: and Vesting Tentative Tract Map No. 5205/UGM filed by Jeff Roberts on behalf of REBECCA E. KLISCH, City Clerk Copper River Rancii pertains to 574 acres of real property located Copper Avenue, 2nd Floor-City Hall North Friant Road, and North Willow Avenue. Conditional Use Permit No. C-04-153 2600 Fresno Street proposes to establish a set of development standards with respect to the overall Fresno, California 93721-3603 Project'Theme"such landscaping,signage,street furniture and fighting, project trails and architectural theme; Community Services; Copper River Policies dealing with residential density transfers, mixed use development, commercial parking, neighborhood electric vehicles and water well sites; Issues regarding circulation/transportation, maintenance, Urban growth management, development agreement The conditional use permit will also allow for reduced lot sizes in specified areas of the suodi vision ar,;i modifiedstreet design standards for several streets within the Copper River Ranch project area. Vesting Tentative Tract Map No.T-5205/UGM proposes to subdivide the entire 574 acre site into a 823-lot single family residential planned development subdivision within eight(8)single far-nfly villages with 45 outlots for future multiple i:amily residential development,open space and commercial uses. The proposed oruject has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects co;nn gents of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist, and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQF Guidelines and the Califomia Environmental Quality Act. Any rating of"2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward.a cumulative impact on the physical environment. The incremental effect contributed by this project toward such.a cumulative effect is not considered substantial in itself. The proposed projer>is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, inclu&ig :�y Such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. I he proposed project will not result in any adverse effects which fall within the"Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaratiui i will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Michael Sanchez SUBMITTED BY: Planner III DATE: September 29, 2004 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT KAMas r Files-3003\Copper River Ranch LX.velopmew EACover-C-04-1 i! T-5345.wpu ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. C-04-153/7'-5205 1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 2 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 2 11.5 Availability of water mains of adequate size 2 11.6 Availability of sewer lines of adequate capacity 2.0 AIR QUALITY 2 11.7 Availability of storm water drainage facilities(on or ofl 2 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 2 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3.0 WATER 1 12.2 Site subject to flooding 2 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 2 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4.0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 2 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 __L 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare, unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7_0 NOISE 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 1 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9_0 LAND USE effect in this category, or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is alsc 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will have an adverse environmenta effect in this category,which is of sufficient magnitude to be o 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantia 2 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmenta deficiencies on existing street system Impact Report, and is mitigable through project changes ani 2 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this categor 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that thf 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect of 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of ai Environmental Impact Report. INITIAL STUDY Environmental Assessment No. C-04-153/T-5205 PROJECT DESCRIPTION Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. T-5205/UGM pertain to 574 acres of property located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. Conditional Use Permit No. C-04-153 will establish the property development standards for Vesting Tentative Tract Map No. 5250 with respect to the lot sizes and yard requirements for the single family residential lots to be established and constructed by this project. The special permit also provides a mechanism for establishing a project design theme that will be expressed through a unified approach to landscaping, signage, street furniture and lighting, community trails and architectural features. The conditional use permit and tract map also provide the mechanisms for constructing and maintaining community features (such as trails and common landscaped areas), the provision of public utilities and service systems (such as sanitary sewer, water supply sytems, water well sites, streets), the performance of adopted environmental impact mitigation measures, and implementation of urban growth management service delivery requirements. The special permit also provides notice that project objectives (such as promoting use of neighborhood electric vehicles) or changing conditions during the time period of the project's multi-phased implementation may necessitate the reallocation or shifting of residential densities (dwelling units per acre), introduction of mixed-use development concepts (residential, office, commercial integrated within a single site), modification of vehicle parking requirements for commercial uses and use of innovative street designs. Vesting Tentative Tract Map No. 5205/UGM, proposes to subdivide the entire 574 acre site into an 829-lot single family subdivision that will be developed in eight (8) single family villages with 45 outlots for multiple family residential development, open space and commercial development. The overall Copper River Ranch will be developed in four phases. The project as described herein will comprise the first two phases of the project. Vesting Tentative Tract Map No. 5205/UGM, proposes to subdivide the entire 574 acre site into an 829-lot single family subdivision that will be developed in eight (8) single family villages with 45 outlots for multiple family residential development, open space and commercial development. The overall Copper River Ranch will be developed in four phases. The project as described herein will comprise the first two phases of the project. Village A covers 28.44 acres and is presently zoned R-1/UGM and designated for medium density residential land uses (4.99 to 10.37 dwelling units per acre). . This development will consist of a 133-lot conventional single family subdivision to be developed at a density of 4.7 units per acre and is also requesting reduced setbacks of 15 feet (front yard) and four feet (side yard). Village B consists of 41.94 acres and is zoned R-1/UGM and will planned for medium low density residential land uses (2.19 to 4.98 dwelling units per acre).. This development consists of a 167-lot conventional single family subdivision to be developed at a density of 4.0 dwelling units per acre is also requesting reduced setbacks of 15 feet (front yard) and four feet (side yard). Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 2 Village C incorporates 18.77 acres, which include Outlots T, U, and V, is presently zoned R- 1/UGM and planned for medium low density residential land uses and will consist of a 114-lot single family subdivision to be developed at density of 6.1 dwelling units per acre that will feature reduced lot sizes. These lots will average less than 60 feet in width and range from 90 feet to 120 feet in depth. This village will also feature reduced setbacks of 10 feet (front), 10 feet (rear) and four feet (side). Outlots T, U, and V will act as landscape, trail, and flood control easements. Village D comprises 36.21 acres, which include Outlots R, S, CC, and DD, is presently zoned R-1/UGM and designated for medium low density residential land uses and will consist of an 86-lot custom single family subdivision to be developed at a density of 2.4 dwelling units per acre. This subdivision will have standard setback requirements with lots sizes ranging from, 10,000 to 18,000 square feet. Outlots R, S will serve as landscape and flood control easements while outlots CC and DD will act as private roads. Village E covers 26.71 acres that includes Outlot W, is currently zoned R-1/UGM and is designated for medium low density residential land uses and will consist of a 64-lot custom single family subdivision to be developed at a density of 2.4 dwelling units per acre. This subdivision will have standard setback requirements with lot sizes ranging from 10,000 to 18,000 square feet. Outlot W will consist of landscape open space. Village F consists of 13.09 acres, which includes Outlots F, I, AA, BB, QQ, RR, and WW, is zoned R-1/UGM and is designated for medium density residential land uses and will consist a 17-lot custom single family subdivision to be developed at a density of 1.3 dwelling units per acre. This village will have standard setbacks with lot sizes ranging from 12,500 to over 20,000 square feet. Outlots AA and BB will serve as private roads while Outlots F, I, QQ, RR, and WW will be developed as landscape/open space features, trail connections, or part of the golf course transition area. Village G envelopes 32.80 acres, is currently zoned R-1/EA/UGM and is planned for medium low density residential land uses and will consist of a 220-lot single family subdivision to be developed at 6.7 dwelling units per acre that will feature reduced lot sizes. These lots will average less than 60 feet in width and range in depth from 88 to 100 feet. The subdivision will also feature reduced setbacks of 10 feet(front yard), 10 feet (rear yard), and four feet (side yard). Village H encompasses 14.92 acres of property, which includes Outlots D, H, and K , is zoned R-1/UGM and designated for medium low density residential land uses and will consist of a 29- lot custom single family subdivision top be developed at a density of 1.9 dwelling units per acre. This subdivision will feature reduced setbacks of 15 feet (front yard) and four feet (side yard) and range in lot size from 10,000 to 18,000 square feet. Outlot D will function as a water well site with outlots H and K serving as open space/landscape features. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 3 The residential densities for Villages B, D, and E are within the density ranges of their respective residential land use designations. Densities for Villages A, C, F, G, and H do not meet the density requirements of their respective land use designations. However, the overall "blended density" equates to 3.89 units per acre which is within the medium low density residential planned land use designation. The medium low density residential land use designation is the predominate land use designation for single family development within the Copper River Ranch Project. Conditional Use Permit No. C-04-153 will act as a Master CUP for Vesting Tentative Tract Map No. 5205 which will permit the shifting of residential densities for single family development only within the project area. Since the project applicant has not yet submitted plans for the multiple family residential portion of the project, the transfer of densities will not be evaluated under this entitlement and will necessitate a separate conditional use permit. The Copper River Ranch has an ultimate residential dwelling restriction of 2837 residential dwelling units to be developed in four phases. The entitlements submitted to date will cover the first two phases of development for residential development. The project is projected at build out to develop 1084 single family residential lots at a density of 3.6 dwelling units per acre and 1753 multiple family dwelling units at a density of 8.8 dwelling units per acre. The remaining 45 outlots will create parcels for commercial, multiple family, open space and landscape transition areas as well as for public facilities. Specifically there will be four outlots dedicated for water wells (1.14 acres); one lot for a tertiary wastewater treatment facility(3.30 acres); one outlot for a public park (2.60 acres); one outlot for a park and ride facility (.37 acres); six parcels for future commercial development (32.78 acres); four outlots for future multiple family residential (59.53 acres); one lot for a future planned unit development (16.49 acres); four outlots dedicated for private roads (7.24 acres); seven outlots that will serve as a landscaped transition zone for the golf course (.62 acres); and sixteen lots will serve as landscape buffers and transition areas between land uses (2.74 acres). Planned Land Use Existing Zoning Existing Use North Agriculture (County) AE-20 (County) Agriculture and Rural Residential South Medium Low Density Residential R-1/UGM (Pending) Proposed single family subdivision East Agriculture(County) AE-20 (County) Agriculture and Rural Residential West Multi Use Open Space AE-20 Agricultural, Eaton Trail (County) Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 4 Environmental Impact Report No. 10126 (EIR No. 10126), prepared for the Copper River Ranch Project was approved and certified by the City Council on June 3, 2003, through Resolution No. 2003-170. In addition, Plan Amendment Application No. A-01-11 which proposed various land use changes within the 710-acre Copper River Ranch project area was also approved by the Council through Resolution No. 2003-171. Finally, Rezone Application No. R-01-14 proposing a host of residential and commercial zone districts together with open space zoning was also approved through Ordinance No. 2003-45. The Copper River Ranch project area (generally bound by Copper Avenue, Friant Road and Willow Avenue) covers 710 acres of property and is within the Sphere of Influence of the City of Fresno. Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. The proposed project has been evaluated with respect to the adopted mitigation measures of EIR No. 10126 prepared for the Copper River Ranch Project and the provisions of the adopted 2025 Fresno General Plan (City Council Resolution No. 2002-379) and the corresponding potential adverse environmental impacts, adopted environmental impact mitigation measures and determinations of overriding considerations established by the certification of the related Master Environmental Impact Report (MEIR) No. 10130 (City Council Resolution No. 2002-378). The proposed project, which includes an amendment of the adopted 2025 Fresno General Plan, has been determined to not be fully within the scope of EIR No. 10126 as provided by the California Environmental Quality Act(CEQA), as codified in the Public Resources Code (PRC) Section 21157.1 (d) and the CEQA Guidelines Section 15177©). Based upon an analysis of the project, as summarized in the following environmental assessment initial study, it has been determined that the project may contribute to the creation. of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. However, these potential impacts have been determined to be equivalent to or less than those adverse impacts identified by EIR No. 10126. It has been further determined that all applicable mitigation measures of EIR No. 10126 along with appropriate mitigation measures from MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by EIR No. 10126 as provided by CEQA Section 15178(a). Therefore, it has been determined that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2) MEIR No. 10126 examined the potential adverse environmental impacts of implementation of the Copper River Ranch Project which proposes the development of 710 acres of property with a range of residential, commercial, office, and open space uses and is expected to accommodate a population of nearly 8000 people in 10-15 years. The City of Fresno has determined that specific economic, legal, social, technological and other considerations related to the implementation of the Copper river Ranch Project outweigh the unavoidable adverse environmental effects identified in the Final EIR No. 10126, including any effects not mitigated because of the infeasibility of mitigation measures and that the identified adverse environmental Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 5 effects are considered acceptable. It has been determined that the proposed neighborhood commercial retail center and park and ride facility will generate reduced levels of environmental impacts as compared to the development of medium density and high density residential planned uses as analyzed by the Final EIR No. 10126. The following impacts were identified by City Council Resolution No. 2003-170 certifying Final EIR No. 10126 (Copper River Ranch Project) as significant but mitigable effects: 1. Land Use, Planning and Agriculture. 2. Traffic and Circulation. 3. Air Quality. 4. Geology and Soils. 5. Biotic Resources. 6. Noise. 7. Drainage. 8. Wastewater Treatment. 9. Hydrology. 10. Public Facilities and Services 11. Aesthetics 12. Cultural Resources In addition, Resolution No. 2003-170, also identifies the following unavoidable significant impacts and statement of overriding considerations for these impacts: 1. Transportation and Circulation (Cumulative) - Significant and unavoidable cumulative impacts have been identified for several major street segments, on Friant Road, Herndon and Willow Avenues. As identified in EIR No. 10126 and the project traffic analysis, traffic impacts upon these segments are a result of conditions for which the project is not the cause. These street segments are projected to function with a congested and, therefore, less than desirable, peak hour level of service regardless of whether or not the proposed project occurs. The project mitigation measures cannot reduce the area-wide impacts upon these major street segments, which will result in these street segments operating at a projected deficient peak hour level of service (LOS E or F) in the year 2025. Project mitigation measures will insure the appropriate improvement of adjacent major streets including Friant Road, Copper Avenue and Willow Avenue along the project boundaries. The mitigation measures have also identified the project's fair share participation in the construction of other major street segments beyond the project boundaries to provide improvements consistent with the City of Fresno's adopted plans and policies and necessary to accommodate project generated vehicular traffic as well as the cumulative traffic impacts of planned urban uses within the Woodward Park Community Plan and the North Growth Area. 2. Air Quality(Cumulative) - The adverse air quality impacts associated with the Fresno Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 6 metropolitan area can be expected to be significant and unavoidable, and can not be completely mitigated by measures within the control of the City of Fresno. The mitigation measures offered by this project will aid in air quality improvement by providing a pedestrian friendly development with extensive on-site landscaping which is expected to help reduce project related emissions. However, there are no reasonable feasible mitigation measures available to the proposed development alone, which would assure the reduction of area-wide air quality impacts to a less-than-significant level. In order to provide a suitable living environment within the metropolitan area, the plan strives to facilitate expanded economic growth that will support increased employment opportunities. 3. Preservation of Agricultural Land -The conversion of agricultural land to urban uses within the planned boundary to accommodate the projected population and employment growth of the 2025 Fresno General Plan is a significant and unavoidable adverse impact, which can not be completely mitigated by measures within the control of the City of Fresno. The mitigation measures and policy provisions referenced in EIR NO. 10126 are feasible and will be incorporated into the project in accordance with CEQA Guidelines Section 15126.4. However, there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of impacts upon agricultural land within the planned urban area to a less-than-significant level. 4. Noise (Cumulative)-The mitigation measures identified in EIR No. 10126 and in Exhibit D of Resolution 2003-170, will be incorporated into the project in accordance with CEQA Guidelines Section 15126.4 and will reduce the noise levels on-site to a level less than significant. However, there are no reasonably feasible mitigation measures available to the proposed project that would reduce noise impacts from adjacent major streets to a level less than significant. In addition to MEIR No. 10130, other environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion)and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resources Management Plan)..These environmental impact analyses and conclusions, together with supporting technical studies, further address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate the growth projected by the 2025 Fresno General Plan. To the extent that these referenced environmental impact analyses, conclusions, findings and mitigation measures are applicable to the subject project they,are incorporated herein by reference, pursuant to CEQA Guidelines Section 15150. 1.0 - TOPOGRAPHY, GEOLOGY, AND HYDROLOGY Topographic relief of the entire Copper River Ranch project site is composed of gently to moderately rolling hills and is sloped generally in a southwesterly plain toward the San Joaquin Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 7 River. The elevation ranges from 340 to 400 feet. A shallow north/south terrace escarpment is located near the northwest project boundary. This escarpment is approximately 1800 feet in length. The project site includes several low lying areas which contain lakes as part of the existing Copper River golf course. No natural water channels are present. Geologic occurrences such as liquefaction, landslides, and subsidence are not known to be a problem in the project area. The 25-acre site that comprises the treatment plant and proposed new storm basin DE are currently resting on flat terrain. However, EIR No. 10126 did identify the following significant impact: Impact • Development of the proposed project would require excavation, grading, and other construction operations. Slope and soil disturbance could result in soil erosion. Mitigation: The developer shall be responsible for the following mitigation measure to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. A qualified geologist or consultant shall prepare and submit an erosion control plan for approval by the City of Fresno Public Works Department demonstrating compliance with water quality standards. Elements of this plan shall address both the potential for soil erosion and non-point source pollution. Mitigation would reduce impacts to a less than-significant level. Compliance/Verification The applicant shall comply with this mitigation measure which will be verified by the Public Works Department and Planning and Development Department. 2.0 - AIR QUALITY As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from "serious nonattainment" to "severe nonattainment" by the U.S. EPA. Classified as "severe nonattainment" by the State. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 8 • PM,,. Classified as "serious nonattainment" at the federal level. Classified as "nonattainment" by the State. • CO. Recently reclassified from nonattainment to attainment by the U.S. EPA. • NO2. Unclassified/Attainment at the federal level. Classified attainment at the State level. • SO2. Unclassified at the federal level. Classified attainment at the State level. • Sulfates. (No federal standard.) Classified attainment at the State level. • Lead. (No federal designation.) Classified attainment at the State level. • H2S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for 03 and PM,o, the SJVAPCD has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. On April 16, 2004, the EPA issued a final rule classifying the SJVAB as extreme non- attainment, effective May 17, 2004 (69 FR 20550). Under this rulemaking, the SJVAB's attainment date is November 15, 2010. An Extreme Ozone Attainment Demonstration Plan (OADP) must be prepared which is a roadmap that identifies emission reductions needed to attain the air quality standard by this date. According to the final rule reclassifying the SJVAB as extreme nonattainment for the federal 1-hour ozone standard, the Extreme OADP is due to the EPA on November 15, 2004. A Draft Extreme Ozone Attain ment.Demonstration Plan is currently under review. The principal components of an OADP consist of a baseline emissions inventory, data describing measured ozone levels in the atmosphere for the area in question, descriptions of emissions controls that will reduce future emissions, a future emissions inventory that reflects decreases due to implementation of emissions controls as well as increases due to increased population, and a description of the results from a photochemical model relating emissions to ambient ozone levels and demonstrating attainment of the appropriate standard at a future date. In addition, this plan fulfills requirements of the California Clean Air Act regarding the development of a triennial update and California Air Quality Attainment Plan revision that examines air pollutant exposure data, control measure implementation, and other air quality information with emphasis on meeting California ambient air quality standards. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 9 As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are, in turn, implemented through the extensive collection of District rules, regulations, and permitting requirements established by the SJVAPCD. The Air District has suggested that the URBEMIS 2001 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions ROG (Reactive Organic Gasses), NOX (Nitrogen Oxides), CO (Carbon Monoxide), PM 10 (Particulates), and SOX (Sulfur Oxides) which are summarized below. URBEMIS 2001 AIR QUALITY IMPACTS All data in tons/year ROG NOx CO PM10 SOX Area Source Emissions 7.67 1.91 1.88 0.01 0.03 Operational Emissions 25.11 29.36 291.12 1.03 0.19 Totals 32.78 31.27 293.0 1.04 0.22 Level of Significance 10 10 100 14.6 27.375 The URBEMIS 2001 model projections indicate that the proposed project will exceed the threshold limits for the emissions listed. This particular analysis included the prohibition of wood burning devices. Although the proposed 829-lot single family subdivision will contribute to existing air quality concerns, the project is expected to incorporate landscaping, building design, transportation oriented features and dust control measures all designed at reducing emissions generated from this project. Furthermore, EIR No. 10126 spells out a host of air quality mitigation measures that will be incorporated as part of this development and future projects as well. . Trees will assist in the absorption of air pollutants, reduce ozone levels, and curtail storm water runoff. This project will incorporate features that assist in the efficiency of public transit such as a park and ride lot which has the potential to become an express service bus route. The overall Copper River Ranch project which covers over 700 acres will have new bus service routes extended to the project area. It is also noted that the Woodward Park Community Plan major street design standards and bikeway plans provide for the most thorough distribution of alternative transportation improvements of any portion of the metropolitan area. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees; frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 10 community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. In summary, the project as mitigated will not in of itself significantly impact local air quality. This project's mitigation measures, together with the implementation of the "Reasonably Available Control Measures" (RACM), as listed in table VC-3 of MEIR No. 10130, on all other applicable projects is expected to help the city improve its overall air quality. A larger regional implementation of these measures is needed to significantly help the air basin reach its air quality goals. The following significant impacts were identified in EIR 10126 with respect to air quality: Impact • Construction of the project would generate fugitive dust from construction activities, hydrocarbon emissions from paints and asphalts, and exhaust emissions from construction vehicles. The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. A Fugitive Dust Prevention and Control Plan shall be developed to specify control methods, demonstrate availability of equipment and personnel, and identify the individual authorized to implement prevention measures. The Plan shall comply with the SJVAPCD Regulation VIII-Fugitive Dust rules. The plan shall include the following conditions: a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover. b. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. C. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing applications of water or by presoaking. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 11 d. When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or maintain at least six inches of freeboard space from the top of the container. e. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. f. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g. Traffic speeds on unpaved roads shall be limited to 15 miles per hour (mph). h. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. L Excavation and grading activity shall be suspended when winds exceed 20 mph. 2. Construction contracts shall include the following provisions: a. All construction equipment shall be properly maintained and operated. b. Alternative-fueled construction equipment shall be used if feasible. C. Hours of operation of heavy-duty equipment shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. The mitigation measures would reduce fugitive dust impacts to a less than significant level. Comoliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified the Planning and Development Department. Impact Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 12 • Vehicle trips to and from the project and emissions generated from residential and commercial land uses would result in air pollution emissions affecting the entire San Joaquin Valley air basin. Mitigation: 1. The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: a. Pedestrian enhancing infrastructure shall be provided and include: sidewalks and pedestrian paths; street trees to shade sidewalks; pedestrian safety designs/infrastructure; street furniture; street lighting; and pedestrian signalization and signage. b. Bicycle enhancing infrastructure shall be provided and include: bikeways/paths connecting to a bikeway system; and secure bicycle parking. C. The project shall either contract with Fresno Area Express (FAX) through the city to provide transit services within the project area, or provide an on-site transit service to off site transit stations/multimodal centers. d. Transit enhancing infrastructure shall be provided and include: transit shelters, benches, etc.; street lighting; route signs and displays; and/or bus turnouts/bulbs. e. Park and ride lots and/or satellite telecommuting centers shall be provided in the project area. f. Carpool/vanpool programs shall be implemented, e.g., carpool, ride .matching for employees, assistance with vanpool formation, provision of vanpool vehicles, etc. g. On-site shops and services for employees, such as cafeteria, bank/ATM, dry cleaners, convenience market, etc. shall be provided within commercial and office areas. h. A Transportation Demand Management Program shall be established and include: transit, bicycle, pedestrian, traffic flow improvements, transportation system management, rideshare, telecommuting, video conferencing, and other measures to reduce peak hour trips. 2. Future construction plans for residential, commercial, office, and public uses Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 13 shall include: a. Solar or low emission water heaters. b. Central water heating systems in commercial areas. C. Open hearth fireplaces shall require use of natural gas or installation of low-emission, EPA-certified fireplace inserts. Implementation of the above mitigation measures would reduce impacts to a less than significant level. Comgliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Planning and Development Department. 3.0 WATER Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 is expected to generate a significant demand for water services, the following significant impacts were identified in EIR 10126 with respect to water for the entire Copper River Ranch Project: Impact • Project development could lead to the degradation of water quality in off-site seasonal creeks and downstream waters, resulting in a significant impact. Mitigation: The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. Prior to site grading and preparation, a storm water pollution prevention plan prepared by a qualified geologist or consultant shall be submitted to and approved by the City of Fresno Public Works Department demonstrating compliance with water quality standards. Elements of this plan shall address both the potential for soil erosion and non-point source pollution. Implementation of the soil erosion control measures will reduce impacts to water quality in off-site seasonal creeks and downstream drainages to a less than significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 14 Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department and Planning and Development Department. Impact • Increased runoff could result in erosion, sedimentation, and increased levels of contaminants, including nutrients, resulting in possible water quality impacts associated with detention facilities. Mitigation: The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. The master storm water plan developed and implemented for the project shall include all applicable best management practices identified in the Construction and Post-Construction Guidelines to ensure that pollutants are controlled to standards required by the City of Fresno and State of California. 2. As a project specific mitigation measure, the project applicant shall comply with the memorandum dated September 24, 2004 from the Fresno Metropolitan Flood Control District. Implementation of the above mitigation measure would reduce impacts to a less than significant level. Compliance/Verification The applicant shall incorporate this mitigation measure as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • Groundwater degradation caused by infiltration of diluted treated effluent from the irrigation lakes and irrigation of the golf course and open space may occur if appropriate management, monitoring, and sampling is not fully implemented. Mitigation: The developer shall be responsible for the following mitigation measures to be included as a condition of approval for the wastewater treatment plant: Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 15 1. Monitoring wells shall be provided to detect the influence of reclaimed water, if any, on groundwater quality. At a minimum, monitoring wells shall be located one quarter and one-half the distance (plus or minus 10 percent) between the lined storage pond containing reclaimed water and the nearest domestic water supply well on-site and off-site southwest in the direction of groundwater flow. In addition, a monitoring well shall be placed immediately down gradient of the wastewater treatment plant effluent storage ponds. The number and exact location of monitoring wells shall be described in the engineering report submitted pursuant to Section 60320.07 and approved by DHS. 2. A recommended plan for use of the existing wells in conjunction with new monitoring wells shall be made in the engineering report pursuant to Section 60320.05 (d)and approved by DHS. All other wells on-site except for irrigation wells to remain in use shall be properly abandoned according to adopted standards. 3. Comply with the effluent management plan prepared by a qualified engineer and/or professional consultant approved by the Fresno County Department of Community Health and DHS. 4. Annual nutrient summaries shall be prepared for all turf areas served with reclaimed water. The summaries shall evaluate the needs of the turf, the amount of nutrient applied, and any supplemental fertilizers applied. The amount of treated effluent applied shall be adjusted bsed on the turf nutrient requirements. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification This mitigation measure is applicable to Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impact • Groundwater quality degradation from nutrient accumulation may occur from small amounts of nitrogen that exist in treated effluent used for irrigation. The migration of some nitrogen to groundwater could occur irrespective of the use of reclaimed effluent with normal golf course irrigation. Mitigation: Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 16 The developer shall be responsible for the following mitigation measures to be included as a condition of approval for the wastewater treatment plant: 1. Monitoring groundwater, including nitrogen content, has been proposed as a mitigation measure for this project( see mitigation for groundwater degradation caused by infiltration of diluted treated effluent, above). Measurements shall be taken each calendar quarter by the City of Fresno personnel or a qualified consultant. Should the monitoring tests exceed nitrogen standards, a denitrification process shall be started at the wastewater treatment facility. The plant design shall incorporate a process that shall denitrify the treated effluent to the 10 mg/I total nitrogen level. Implementation of the recommended mitigation measures will reduce potential impacts to a less-than-significant level. Compliance/Verification This mitigation measure is applicable to Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impact • Approval of the project will require pumping from the groundwater aquifer. Mitigation: The developer shall be responsible for the following mitigation measures through the subsequent master use permit and associate development plan: 1. Establish a development fee for the project's fair share of the City's surface water treatment plant construction and expansion. 2. The project shall commit to a water conservation program which shall include low-flow water fixtures, water conserving landscaping of public spaces, and water conserving practices for golf course irrigation. 3. Technical water supply information shall be submitted which demonstrates residential and commercial uses and corresponding water requirements. 4. The developer shall commit to plan and maintain on-site recharge basins and lakes to ensure that necessary recharge can be accomplished over the life of the project. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 17 5. The developer shall prepare a water master plan for approval by the City in accordance with City requirements. Implementation of the recommended mitigation measures will reduce potential impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impact Project approval could adversely affect off-site wells. Mitigation: The developer shall be responsible for the following mitigation measures through the subsequent development agreement and associate specific plan or development plan: 1. New wells shall be placed a minimum of 500 feet from the project boundaries where there is an adjoining proximate off-site well, in order to preclude drawdown in off-site wells due to pumpage of new public supply wells in the project. In addition, new public supply wells on the project site shall include a test well and monitoring of a sufficient number of adjoining proximate off-site wells as determined by the City of Fresno to determine potential drawdown in the off-site wells. Should adverse effects on adjoining proximate off-site wells be determined, the public supply wells shall be relocated or otherwise mitigated to preclude such adverse impacts. 2. Locate domestic wells in accordance with the recommendation contained within the report, Groundwater Conditions at the Copper River Ranch, prepared by Kenneth D. Schmidt and Associates, May , 2000. 3. If water yields from adjacent private wells are determined by the City Department of Public Utilities in consultation with the Fresno County Department of Community Health to have been adversely affected by the project, the developer shall improve the private well to standards acceptable to the City, or connect the user to the project water system. Implementation of the recommended mitigation measures will reduce potential impacts to a less-than-significant level. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 18 Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impact • Approval of the project could result in domestic water wells with contaminants exceeding State MCL's. Mitigation: The developer shall be responsible for the following mitigation measures based on required water-well monitoring: 1. Should any existing community water supply well exceed the DPCP MCL as detected in regular monitoring, granular activated carbon treatment or other acceptable technology shall be required consistent with CCR Title 22 requirements. 2. Should any existing community water supply well exceed the uranium MCL as detected in regular monitoring, the contaminated well water shall be blended with other on-site groundwater supplies to reduce the contamination level below the MCL at all times. A State DHS-approved blended program shall be implemented to meet this requirement. The effectiveness of the program shall be supported by on-going monitoring at State-specified frequencies and locations. 3. Should other contaminants be identified in the future, remediation shall be resolved in accordance with CCR title 22 requirements. Implementation of the recommended mitigation measures will reduce potential impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impact • Approval of the project may involve groundwater recharge with reclaimed water that may contain nitrogen or other contaminants. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 19 Mitigation: The developer shall be responsible for the following mitigation measure to included as a condition of approval of the conditional use permit for the wastewater treatment plant: 1. Monitoring groundwater, including nitrogen content, has been proposed as a mitigation measure for this project (see mitigation for groundwater degradation caused by infiltration of diluted treated effluent, in Section 2.8). Measurements shall be taken each calendar quarter by City of Fresno personnel or a qualified consultant. Should the monitoring tests exceed nitrogen standards, a denitrification process shall be started at the wastewater treatment facility. The plantdesign shall incorporate a denitrification process that shall denitrify the treated effluent to the 10 mg/I total nitrogen level. Implementation of the mitigation measures would reduce impacts to a less-than- significant level. Com pliance/Verification This mitigation measure is applicable to Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Department of Public Utilities and the Planning and Development Department. Impacts • Groundwater quality degradation from stormwater runoff associated with urban development is a significant impact. Mitigation The developer shall be responsible for the following mitigation measure to be included as a condition of approval for all conditional use permits, tentative tract maps, or site plans: 1. Grading plans shall demonstrate that all areas of irrigated turf or other open space receiving reclaimed water drain away from FMFCD basins, except in extraordinary wet years (10-year frequency storms)when on-site lakes may fill from stormwater and utilize the FMFCD basins. Implementation of the mitigation measures would reduce impacts to a less-than- significant level. ComplianceNerification Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 20 The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. 4.0 AND 5.0 PLANT LIFE AND ANIMAL LIFE - BIOTIC RESOURCES The study area is located in the San Joaquin Valley on agricultural, urban and vacant lands north of the City of Fresno. The elevation of the study areas varies between 340 and 400 feet above sea level. Annual precipitation is approximately 8 to 15 inches, almost 95 percent of which falls between the months of October and March. Storm water runoff or summer irrigation collects in various drainage swales, depressions, and ponds and leaves the site via infiltration, evaporation, or sheet flow. The development of open space parcels such as the Copper River Ranch can damage or modify biotic habitats used by sensitive plant and wildlife species. EIR No. 10126 has identified the following significant impacts: Impact • Special status wildlife species could be adversely affected by project construction. Mitigation: The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. A qualified biologist shall conduct a preconstruction survey for Burrowing owls no more than 30 days prior to the onset of project construction. This survey shall be constructed according to methods described in the Draft Report on Burrowing Owl Mitigation (CDFG 1995). If preconstruction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, the developer shall establish an appropriate construction-free setback around these nests until the conclusion of the breeding season. A qualified ornithologist in consultation with the CDFG shall determine the distance of the setback. At the conclusion of the nesting season, these owls may be relocated as discussed below. 2. If preconstruction surveys undertaken during the non-breeding season (August through January) locate resident owls, these individuals may be relocated to alternative habitat. The relocation of resident owls shall be conducted according to a relocation plan prepared by a qualified biologist in consultation with CDFG. Passive relocation as described in Draft Report on Burrowing Owl Mitigation shall Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 21 be the preferred method of relocation. The plan shall provide for the owls relocation to nearby lands possessing available habitat. Ground squirrel populations and other burrow complexes can then be eliminated to prevent the return of burrowing owls at a later time when construction may occur. 3. A qualified biologist shall conduct a preconstruction survey for Northern Harriers no more than 30 days prior to the onset of project construction, if construction is to occur during the breeding season (February to July). If active nest burrows are located within or near construction zones, the developer shall establish an appropriate construction-free setback around these nests until the conclusion of the breeding season. A qualified ornithologist in consultation with the CDFG shall determine the distance of the setback. The developer may also disc the non-native grassland prior to the onset of the breeding season. Discing shall prevent the growth of dense tall grasses favorable for nesting Northern Harriers. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Parks and Recreation Department and the Planning and Development Department. 6.0 HUMAN HEALTH The following significant impacts were identified in EIR 10126 with respect to human health: Impact • Public health is the predominate concern associated with the use of reclaimed water for the irrigation of a golf course. This is primary due to the potential presence of pathogenic organisms in the untreated wastewater. Mitigation: The developer shall be responsible for the following mitigation measures to be included as a condition of approval on each conditional use permit, tentative tract map, or site plan: 1. Reclaimed water shall be utilized for golf course or landscape irrigation in designated open space areas. These sites shall be fully described and approved by the RWQCB as part of the preliminary discharge permit and it must be shown Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 22 by soil testing by a qualified engineer that the sites are capable of handling the entire planned disposal flow. 2. The spray irrigation system shall be operated so as to minimize contact with the public. Irrigation shall be scheduled for times when the areas are not in use and all irrigation piping shall be clearly marked as not for potable use. The system shall be operate to minimize aerosols, ponding , and runoff of reclaimed water. Operation of the irrigation system by certified personnel shall be in accordance with guidelines established by the Department of Health Services (DHS). 3. Separation of the reclaimed effluent distribution system and the potable water distribution system shall be assured through the use of color coded pipe for new pipes. Effluent pipelines and hardware shall be appropriately labeled, and backflow prevention devices may be required where a potential cross connection may exist. Minimum separation of potable water and reclaimed water lines shall be as prescribed by the City of Fresno and State of California standards. Signage shall be posted on-site per the Report of Waste Discharge permit as issued by the California Regional Water Quality Control Board. 4. The design of the treatment plant and the treated effluent quality shall meet the requirements of Title 22 CCR for the use of reclaimed wastewater. The project developer shall obtain a Waste Discharge Permit from the RWQCB. Prior to the construction of the reclamation facility, an engineering report demonstrating compliance with these regulations shall be submitted to the RWQCB and the DHS. In the event that standards are exceeded, additional disinfection shall be required until standards are attained. The applicant shall develop a contingency plan as part of the Waste Discharge Permit which prevents inadequately treated wastewater from being applied to areas that allow public access. Implementation of the mitigation measures would reduce impacts to a less-than- significant level. Compliance/Verification This mitigation measure is applicable to the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • The proposed project would result in the need to dispose of biosolids. Mitigation: Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 23 The developer shall be responsible for the following mitigation measures to be included as a condition of approval for the wastewater treatment plant: 1. The developer shall participate in any necessary collection system enhancements subject to full and satisfactory mitigation by the developer of all potentially significant impacts identified by the City of Fresno Department of Public Utilities. 2. The developer shall be responsible for all wastewater facility and trunk fees necessary to accommodate the sludge loading. Implementation of the mitigationmeasures would reduce impacts to a less-than- significant level. Compliance/Verification This mitigation measure is applicable to the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. 7.0 NOISE The proposed development will abut North Friant Road, a designated expressway, that will be widened to four lanes. In addition, the EA overlay district will be applied to the project which requires an eight-foot wall together with varying deep building setbacks dependent upon whether a frontage road is present or not. An eight-foot wall will be required and be placed 50 feet from the center of the nearest travel lane on North Friant Road. This will result in a 26-foot landscaped area between the property line and the wall. Mitigation: 1. The applicant shall comply with the acoustical analysis prepared by Brown- Buntin Associates for the Copper River Ranch Project dated July 11, 2004. 9.0 LAND USE AND AGRICULTURE The proposed development of a tertiary treatment plant is consistent with the 2025 General Plan designation of public facilities subject to the filing of a conditional use permit. However, EIR No. 10126 has identified the following significant impacts with respect to land use and agriculture: Impact • Approval of the project would substantially modify the current use of the land Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 24 from agriculture to urban use and would result in the conversion of prime agricultural land. Mitigation: 1. The developer shall insure through the subsequent master use permit and associated development plan, that the project is designed in a compact nature consistent with the principles of Landscape of Choice to maximize the use of land, thereby reducing the pressure on productive agricultural land to the west, southwest, east, and southeast of the Fresno/Clovis metropolitan area. Although impacts to regional agriculture would be reduced, loss of agricultural land on the site itself represents a significant unavoidable impact. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • Conversion of productive agricultural land would increase the potential for land use impacts at the interface of agricultural and residential uses. Mitigation: 1. The City shall pursue appropriate measures, including recordation of right to farm covenants, to ensure that agricultural uses of land may continue within those areas off transition where planned urban areas interface with planned agricultural areas. Implementation of the mitigation measure would reduce the potential for conflict between agricultural uses and the residential project, to a less than significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 25 • The project would place urban level development along the Silaxo Road alignment resulting in land use impacts to rural residential uses north of the project. Rural residential uses remaining south of Silaxo Road but outside the project boundary will also experience land use impacts from urban development. Mitigation: The developer shall insure through the subsequent master use permit and associated development plan, that the following measures are incorporated in the design of future plans at the interface with adjacent residential properties: 1. All lots shall back onto the common property line on the northern boundary of the project. 2. All lots shall be fenced. 3. All lots along these common property lines shall include a backyard landscaping plan to provide for a continuous screening with evergreen and deciduous trees. Implementation of the mitigation measure would reduce the potential for conflict between existing rural residences and the proposed project. Compliance/Verification This mitigation measure is applicable to the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department and the Planning and Development Department. 10.0 TRANSPORTATION AND CIRCULATION The development of a the proposed project in of itself will not generate significant traffic volumes. It has been determined that a traffic impact study is not required the plan amendment and rezone applications, however, the site will be subject to the mitigation measures as identified by EIR No. 10126 which identified the following impacts with respect to traffic and circulation with respect to other elements of the project: Impact • Approval of the project will cause some street segments to operate below acceptable standards in 2025. Mitigation (for both 2012 and 2025): The developer shall ensure through the master use permit or development plan, that the Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 26 following measures are incorporated in the design of future plans: 1. If the project is found to trigger a capacity improvement, which otherwise would not be required under the no-project scenario, the project will be required to fully fund (100%) the improvement. Subsequent project-specific studies will determine the need and feasibility of the improvement. 2. Since the project is defined in very general terms at the Program EIR level, developer responsibility for proposed mitigation measures is shown as fair share estimates rather than project specific fair share responsibilities. The fair share percentage estimates provide a general overview of how much the project may need to contribute to mitigate potential impacts on the future roadway system. Once the project is defined through the development plan and specific plan/development plan, a project specific traffic analysis will determine both project-specific impacts and associated developer responsibility for mitigation. In these future project-specific traffic studies, actual project fair shares will be determined. However, unless other projects in the study area are proposed for the development with a more intensive land use, those segments that are shown at 100% developer responsibility are likely to remain at 100% developer responsibility in all future project -specific traffic studies. The fair share estimates do not take into account either the City of Fresno UGM fees or the City of Clovis TIF Program. The following section summarizes he currently recommended 2025 Project road widening mitigation measures with appropriate fair share estimates. Final mitigation measures, fair share estimates and timing of implementation will be determined when the future Project- specific analysis is completed. Roadway widening mitigations required with Project build out in 2025 are: ❑ Friant Road from SR 41 southbound off-ramp to SR 41 northbound off-ramp, widen from 5 lanes to 8 lanes (9.3%) ❑ Friant Road from SR 41 northbound off-ramp to Fresno Street, widen from 6 to 8 lanes (16%) ❑ Friant Road from Fresno Street to Audubon Drive, widen from 6 to 8 lanes (20.1%) ❑ Friant Road from Audubon Drive to Shepherd Avenue, widen from 4 to 6 lanes (20.9%) ❑ Friant Road from Shepherd Avenue to Ft. Washington Road, widen from 4 to 6 lanes (34.4%) ❑ Copper Avenue from Peach Avenue to Auberry Road, widen from 2 to 4 lanes (27.2%) ❑ Willow Avenue from Herndon Avenue to Alluvial Avenue, widen from 2 to 4 lanes (3.3%) ❑ Willow Avenue from Alluvial Avenue to Nees Avenue, widen from 2 to 4 lanes Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 27 (3.9%) ❑ Willow Avenue from Nees Avenue to Teague Avenue, widen from 2 to 6 lanes (3.4%) ❑ Willow Avenue from Teague Avenue to Shepherd Avenue, from 2 to 8 lanes (4.3%) ❑ Willow Avenue from Shepherd Avenue to Perrin Avenue, widen from 2 to 6 lanes (7.5%) ❑ Willow Avenue from Perrin Avenue to Behymer Avenue, widen from 2 to 4 lanes (16.5%) ❑ Willow Avenue from Behymer Avenue to International Avenue, widen from 2 to 4 lanes (13.4%) ❑ Willow Avenue from International Avenue to Copper Avenue, widen from 2 to 4 lanes (100%) ❑ Willow Avenue from Copper Avenue to South Project Road, widen from 2 to 4 lanes (100%) ❑ Willow Avenue from South Project Road to North Project Road, widen from 2 to 4 lanes (100%) ❑ Chestnut Avenue from Nees Avenue to Shepherd Avenue, widen from 2 to 4 lanes (52.5%) ❑ Shepherd Avenue from Minnewawa Avenue to Fowler Avenue, widen from 2 to 4 lanes (9.3%) ❑ Shepherd Avenue from Fowler Avenue to Temperance Avenue, widen from 2 to 4 lanes (2.3%) ❑ Herndon Avenue from Willow Avenue to Peach Avenue, widen from 4 to 6 lanes (1.4%) ❑ Herndon Avenue from Peach Avenue to Villa Avenue, widen from 4 to 6 lanes. (1.5%) ❑ Herndon Avenue from Villa Avenue to Clovis Avenue, widen from 4 to 6 lanes (1.4%) ❑ Hemdon Avenue from Clovis Avenue to Fowler Avenue, widen from 4 to 6 lanes (1.3%) ❑ Herndon Avenue from Toll House Road to De Wolf Avenue, widen from 2 to 4 lanes (1.7%) Alternative Transportation Mitigation Measures. As discussed in the 2012 Project Mitigated Section, the project should also encourage transit usage. Potential alternative transportation measures include: 1. Establish a Transportation Demand Management Program that provides incentives for people both living and working in the project area to take some form of commute alternative such as walking, bicycling, carpool/vanpool, transit, and flex-scheduling. 2. With the assistance of the County, contract with FAX to provide transit stops internal to and bordering the project site; or create a project internal transit Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 28 system that connects to the FAX system at designated points along Friant Road, Maple Avenue, or Willow Avenue. 3. Create park and ride lots within the project, possibly at retail/service/office uses locations. 4. As a project specific mitigation measure for Conditional Use Permit No. C-04- 153 and Vesting Tentative Tract Map No. 5205, the project applicant shall comply with the memorandum dated July 29, 2004, from Public Works - Traffic Division regarding site specific improvements for Tract No. 5205. 5. The project applicant shall also comply with memorandum dated October 26, 2004, from Public Works - Traffic Division regarding traffic impact study mitigations. Implementation of the mitigation measures would reduce impacts for most study segments to a less-than-significant level. For a limited number of study segments, however, levels of service would remain below accepted standards, resulting in significant, unavoidable.impacts for those segments. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. 11.0 URBAN SERVICES Development of the 760 acre Copper River Ranch will dispose its sewage at the proposed tertiary wastewater treatment plant. Solids material will be pumped to the Regional Wastewater Reclamation Facility located at Jensen and Polk Avenues located five miles west of the southwest city limits on Jensen Avenue. EIR No. 10126 identified the following impacts with respect to sewer, police, fire, school, and parks services: Impact • There is not capacity in the Herndon Sewer Trunk to accommodate the proposed project. Even with mitigation measures in place to allow to allow development of the Urban Reserve Area of the Woodward Park Community, the City of Fresno has determined that there is no collection capability with full build-out of planned land uses to serve future development north of Copper Avenue. Lack of sewer service constitutes a significant impact. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 29 Mitigation: The developer shall be responsible for the following mitigation measures: 1. The developer shall construct and/or pay for all facilities necessary to accommodate the impact of connection to the City sewer system and associated wastewater treatment. 2. The design of necessary collection systems improvements is subject to approval by the city. All reasonable effort will be made by the developer and the City to design and stage facilities to maximize value and minimize cost. 3. The developer shall construct a wastewater treatment facility of a capacity and design acceptable to the City of Fresno. The wastewater treatment facility shall be completed and "on-line" in time to satisfy the conditions of accommodation of temporary flows (not to exceed seven years, or four years from the first building permits, or until the completion of the on-site wastewater treatment plant). 4. Treated effluent from the proposed wastewater treatment facility (recycled water) shall be reused by the project. Land application of recycled water shall be subject to the approval of the City of Fresno and the appropriate County and State agencies. 5. Equitable impact fees and monthly user charges shall be approved by the developer and the City prior to the Maple Avenue connection at Perrin Avenue. Equitable in this context shall mean: • the cost of facilities and operational expenses necessary to serve the project shall be borne by the developer • to the extent that such facilities and expenditures benefit other developments, the project shall be eligible for reimbursement pursuant to existing mechanisms and protocols. 6. An emergency operational plan shall be prepared by the facility designer to be countersigned by the City of Fresno which specifies steps to be taken in case of an emergency and contact persons name and telephone numbers. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 30 Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • The project would result in the need for additional law enforcement services. Mitigation: The developer shall be responsible for the following mitigation measure to be included as a condition of approval for all conditional use permits, tentative tract maps, or site plans: 1. The developer shall ensure through the subsequent master use permit and associated development plan, that a site for a "community service center" is provided within the project acceptable to the Fresno Police Department. 2. Maximize visibility and natural surveillance abilities through the placement and design of physical features including building orientation, windows, entrances and exists, parking lots, walkways, guard gates, low-maintenance landscaping (trees and shrubs), fences or walls, signage and any other physical obstructions. 3. Implement design features to clearly identify public/private spaces and to facilitate natural access control and territorial enforcement, to include, but not limited to, the following measures: A. Identify public entrances and exits through the implementation of sidewalks, pavement, lighting and landscaping to clearly guide the public. B. Discourage/prevent public access to and from dark and/or unmonitored areas through the use of fences, walls, and landscaping. C. All residential and commercial addresses shall be clearly visible from the street and shall be illuminated. D. Incorporate access control, including parking lot barriers, fenced rear and side yards, and entry telephones for gated neighborhoods. E. Implement exterior nightime lighting of display areas, parking lots, walkways, entrances and exits. These areas shall be illuminated, at a minimum, one-half hour after the sunset and one-half hour before sunrise during hours of operation. F. Incorporate measures that provide off-street parking to discourage auto- related crimes, graffiti-resistant paints and surfaces, and view fences. 4. The Fresno Police Department shall be consulted during site planning and subdivision design to ensure that adequate provisions acceptable to the police Department for crime prevention are designed into the project. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 31 Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • The project would result in the need for additional fire protection services. Mitigation: The developer shall be responsible for the following mitigation measure to be included as a condition of approval for all conditional use permits, tentative tract maps, or site plans: 1. The geometric sections of all interior roads shall, at a minimum, be improved to City of Fresno standards to adequately provide for emergency vehicles. Any deviations from the standards shall be accomplished through modifications or exceptions requested at the Vesting Tentative Subdivision Map or site plan review stage. 2. A water supply and distribution system, including fire hydrants, shall be designed and constructed to meet the adopted fire protection standards of the City of Fresno. 3. All residential and commercial development shall be provided with fire control system as required by Fresno Fire Department regulations. The tertiary wastewater treatment facility shall also be provided with fire control system. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 32 • There is insufficient capacity in existing schools within Clovis Unified School District(CUSD) to accommodate estimated new students. If additional fiscal resources are not provided to CUSD for the purpose of construction new schools, there would be a significant impact. Mitigation: The developer shall ensure through the subsequent master use permit and associated development plan, that the following measures are incorporated in future conditional use permits, tentative tract maps, and site plans: 1 The developer shall identify the location of an elementary school site within the boundaries of Copper River Ranch acceptable to CUSD. Should CUSD select an off-site location to serve Copper River Ranch, the agreed-upon site and any necessary agreements shall be in place priorto approval of the first final subdivision map. 2. The developer shall pay current impact fees to the CUSD in effect at the time of specific project approval. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. The applicant shall provide necessary documentation from Clovis Unified School District that mitigation Measure No. 1 is no longer necessary. Impact • The project will generate the need for additional park space. Mitigation: The developer shall ensure through the subsequent master use permit and associated development plan, that the following measures are incorporated in future conditional use permits, tentative tract maps, and site plans: 1. A minimum of 24 acres of park space shall be provided within the Copper River Ranch project. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 33 Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification This mitigation measure is applicable to the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • Copper River Ranch recreational opportunities will attract traffic and accommodate activities which could be considered nuisances to adjoining properties. Mitigation: The developer shall ensure through the subsequent master use permit and associated development plan, that the following measures are incorporated in the design of future plans: 1. The FMFCD flood control basin/community park shall be bounded on at least one side by a street. Parking facilities shall be located off a public street. 2. Road improvements shall be made to adequately accommodate vehicle traffic that shall be generated by the parks, recreation and open space uses within the project. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification This mitigation measure is applicable to the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • Development of the site will place substantial development in proximity to the San Joaquin River parkway, increasing visitors to the parkway and creating access issues. Mitigation: Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 34 The developer shall ensure through the subsequent master use permit and associated development plan, that the following measures are incorporated in future conditional use permits, tentative tract maps, and site plans: 1. In cooperation with the San Joaquin River Parkway Conservancy, the developer shall design and construct safe crossing(s) of Friant Road as well as suitable connections from the project to the parkway. The City of Fresno, Fresno County, and parkway representatives shall be involved in design review of the facilities early-on, including scoping sessions. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. 12.0 HAZARDS The subject property was at one time was under productive agricultural practices. However, all of the vineyards have been taken out of production. The lack of agricultural activity diminishes the potential use of agricultural pesticides and herbicides which may impact encroaching urban development. Nonetheless, EIR No. 10126 reflected the following impact: Impact • Removal of existing on-site fuel tanks and the demolition of existing buildings may expose construction workers and the general public to contaminated soil and groundwater. Mitigation: The developer shall be responsible for the following mitigation measure to be included as a conditional of approval on each conditional use permit, tentative tract map, or site plan: 1. Where a storage tank may be located, appropriate sampling shall be performed by a qualified technician to evaluate the potential of soil contamination. Removal of tanks and any contaminated soil shall be accomplished consistent with all applicable regulations of Fresno County. Implementation of mitigation measures would reduce impacts to a less-than-significant Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 35 level. Compliance/Verification This mitigation measure is not applicable to.the development of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 since all evidence of underground tanks have been removed pursuant applicable to local, county and state parameters. 13.0 AESTHETICS Development of the Copper River Ranch Project will change the agricultural landscape into a more urban'setting. EIR No. 10126 did identify the following impact: Impact Development of Copper River Ranch would alter the character and appearance of the project area. Mitigation: The developer shall insure that the following measures are incorporated in the design of future conditional use permits, tentative tract maps, and site plans. 1. The developer shall incorporate landscape, wall treatment, signage, and architectural standards for the development of residential, commercial, public facility, open space, and mixed use areas. 2. A minimum 20-foot landscaped area shall parallel the easterly side of Friant Road, the northerly side of Copper Avenue, and the westerly side of Willow Avenue. A berm and/or combination berm/sound wall shall parallel these roadways where residential lots are proposed. 3. Project entries along Copper and Willow Avenues, and along Friant Road, shall incorporate special entry features, such as extensive landscaping and low profile entry signs. 4. In addition, as a project specific mitigation measure, the project applicant shall comply the memorandum dated August 18, 2004 from the Public Works Department as it relates to the formation of a Community Facilities District. Despite these mitigation measures, open views to the east and north across the Copper River Ranch site will be permanently altered, resulting in significant, unavoidable impacts. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 36 Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. 14.0 HISTORICAL/ARCHAEOLOGICAL 15.0 ENERGY It does not appear the proposed Copper River Ranch would have an immediate impact on historical or archeological resources. However, as a precautionary measure, EIR No. 10126 did identify the following impact and mitigation measures with respect historical archaeological resources: Impact • Project activities could result in the loss of important cultural resources from the project site. Mitigation: The developer shall include the following mitigation measure in all construction contracts for earthwork/excavation: 1. If material that may be human remains, animal fossils, or archeologiacal material is encountered during project surveying, grading, excavating, or construction, work shall stop in the immediate area. a. If the material is or includes, suspected human remains, the Fresno County Coroner shall be immediately contacted for his determination as to whether the material is prehistoric in nature. If the remains or other archeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and a recognized archaeologist shall be retained to conduct an archaeological assessment for the project. The site shall be formally recorded, and recommendations made to the City of Fresno as to any further site investigators or site avoidance/preservation. b. If the material is human related, but does not include human remains, and if this archaeological material is Native American in origin, the Native American Heritage Commission shall be immediately contacted and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 37 recognized archaeologists. An Archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City of Fresno as to site investigation or site avoidance/preservation. C. 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. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Impact • Project development will increase electricity and natural gas use and related services from PG&E. Mitigation: The developer shall be responsible for the following mitigation measure to be included as a conditional of approval on each conditional use permit, tentative tract map, or site plan: 1. Following consultation with developer, PG&E shall provide verification to the City of Fresno that the project is phased in keeping with availability of electric and gas services. Implementation of mitigation measures would reduce impacts to a less-than-significant level. Compliance/Verification The developer shall incorporate these mitigation measures as part of Conditional Use Permit No. C-04-153.and Vesting Tentative Tract Map No. 5205 Conditional Use Permit No. C- 04-153 and Vesting Tentative Tract Map No. 5205 and will be verified by the Public Works Department, Department of Public Utilities and the Planning and Development Department. Initial Study Conditional Use Permit No. C-04-153 Vesting Tentative Tract Map No. T-5205 September 29, 2004 Page 38 DETERMINATION On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable City plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project will have a significant effect on the environment. This is based upon the mitigation measures required as conditions of project approval which are referenced by this environmental assessment and as identified by the Environmental Impact Report No. 10126 prepared for the Copper River Ranch Project and are conditions upon which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED.