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HomeMy WebLinkAboutT-5273 - Conditions of Approval - 7/11/2011 City of LaILt+ L __ & Development & Resource Management Department 2600 Fresno Street -Third Floor Mark Scott Fresno, California 93721-3604 Interim Director (559) 621-8277 FAX (559) 498-1012 July 11, 2011 Please reply to: Israel Trejo (559) 621-8044 Gary Giannetta Civil Engineering and Land Surveying 1119 "S" Street Fresno, California 93721 Dear Applicant: SUBJECT: ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING (MAJOR REVISION) VESTING TENTATIVE TRACT NO 5205/UGM AND CONDITIONAL USE PERMIT NO. C-08-292 FOR PROPERTY LOCATED WITHIN THE COPPER RIVER RANCH MASTER PLANNED COMMUNITY (APN: 579-074-17) At its regular scheduled meeting on April 20,2011,the City of Fresno Planning Commission approved the following regarding the above-referenced applications: 1. Approved the environmental finding of Environmental Assessment No. T-5205/C-08-292 dated March 18, 2011, that the project conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) and Mitigated Negative Declaration prepared for Plan Amendment A-09-02 (Air Quality MND). 2. Approved (Major Revision) Vesting Tentative Tract Map No. 5205/UGM requesting to subdivide approximately 13.07 acres into a 21-lot single family residential subdivision. 3. Approved Conditional Use Permit Application No. C-08-292 requesting to establish a Planned Development, which includes private streets and modified property development standards, for (Major Revision) Vesting Tentative Tract Map No. 5205/UGM. Enclosed is a copy of the Planning Commission Resolutions regarding the vesting tentative tract map and conditional use permit applications. If you have any questions regarding these items please contact me at the number listed above or via email at Israel.Trejo@fresno.gov. Sincer , PLANNING DIVISION Israel Trejo, Planner Enclosures: Planning Commission Resolution Nos. 13091 [Conditional Use Permit] and 13092 [Tract] FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13091 The Fresno City Planning Commission, at its regular meeting on April 20, 2011, adopted the following resolution relating to Conditional Use Permit Application No. C-08-292. CONDITIONAL USE REQUESTED: 21-lot single family residential planned development subdivision with reduced building setbacks and gated private street PROPERTY LOCATION: Located between North Friant Road and East Copper Avenue within the Copper River Ranch Master Planned Community PROPERTY DESCRIPTION: Approximately 13.07 acres (APN: 579-074-17) EXISTING/PROPOSED ZONING: R-1/UGM/CZ (Single Family Residential District/Urban Growth Management/Conditions of Zoning) WHEREAS, Conditional Use Permit Application No.C-08-292 has been filed with the Cityof Fresno by Gary G. Giannetta., on behalf of Gary McDonald Homes, for approximately 13.07 acres of property located between North Friant Road and East Copper Avenue within the Copper River Ranch Master Planned Community; and, WHEREAS, Conditional Use Permit Application No. C-08-292 seeks authorization for the development of a planned development which includes reduced building setbacks and a gated private street; and, WHEREAS, on October 11, 2004, the Northeast Area Plan and Implementation Committee recommended approval of the originally approved master conditional use permit and related vesting tentative tract map application (C-04-153 and T-5205/UGM); and, WHEREAS, on April 20, 2011, the Fresno City Planning Commission, reviewed the subject conditional use permit application in accordance with the policies of the 2025 Fresno General Plan and the Woodward Park Community Plan; and, WHEREAS, the Commission conducted a public hearing to review the proposed conditional use permit application and considered the Development and Resource Management Department's report recommending approval of the proposed conditional use permit application subject to special permit conditions; and, WHEREAS,the Fresno City Planning Commission considered the proposed conditional use permit application relative to the staff report and environmental assessment issued for the project; and, WHEREAS, the Fresno City Planning Commission invited testimony with respect to the proposed conditional use permit application; and, WHEREAS, no neighbors spoke in either favor or opposition to the proposed project; and, PLANNING COMMISSION RESOLUTION No. 13091 Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit Application No. C-08-292 may have additional significant effects on the environment that were not identified in the 2025 Fresno General Plan Master Environmental Impact Report(MEIR) No. 10130 and Mitigated Negative Declaration No. A-09-02 (Air Quality MND); and hereby adopts the Finding of Conformity prepared for Environmental Assessment No. T-5205/C-08-292 dated March 18, 2011 for the proposed 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 the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-08-292 authorizing the development of a planned development, which includes reduced building setbacks and a gated private street, subject to the Development and Resource Management Department Conditions of Approval dated April 20,2011, and the following modifications and additions: 1. Condition No. 8(b)shall read: There were no walls depicted on Exhibit A dated March 11, 2011. Any walls or fences proposed along the eastern edge of the subject tract shall be approved by the Development and Resource Management Department, including, the Building and Safety Services Division (which will review drainage issues). A minimum 6' foot high block wall shall be constructed along, at minimum, the common property line with the property at APN 579-074-30 (property to the east of the subject site). 2. The following language is added to Page 2: This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hansen-Smith, seconded by Commissioner Caprioglio. VOTING: Ayes - Hansen-Smith, Caprioglio, Torossian (vice chair), Vasquez, Holt (chair) Noes - None PLANNING COMMISSION RESOLUTION No. 13091 Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 3 Not Voting - None Absent - Dawar, Medina DATED: April 20, 2011 J HN M. DUGAN, AICP, Secretary Iresno City Planning Commission Resolution No. 13091 Conditional Use Permit Application No. C-08-292 Filed by Gary G. Giannetta on behalf of Gary McDonald Homes Action: Approve FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13092 The Fresno City Planning Commission at its regular meeting on April 20, 2011, 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, the Major Revision to Vesting Tentative Tract Map No. 5205/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 21 lot single-family residential planned development subdivision with two outlots on approximately 13.07 acres, located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community; and, WHEREAS, on October 11, 2004, the Northeast Area Plan and Implementation Committee recommended approval of the master conditional use permit and original version of the vesting tentative tract map (C-04-153 and T-5205/UGM); and, WHEREAS, on April 20, 2011, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested subdivision; and, WHEREAS,the Development and Resource Management Department staff recommended approval of the proposed project subject to the conditions of approval contained in the staff report dated April 20, 2011; and, WHEREAS, no neighbors spoke in support or opposition of the project at the Commission hearing; and, 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 the major revision to the vesting tentative tract map may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)and Mitigated Negative Declaration No.A-09-02 dated March 18, 2011, prepared for Environmental Assessment No. T-5205/C-08-292. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the Major Revision to Vesting Tentative Tract Map No. 5205/UGM, is consistent with the adopted 2025 Fresno General Plan and Woodward Park Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves the Major Revision to Vesting Tentative Tract Map No. 5205/UGM,subject to the Development and Resource Management Department Conditions of Approval dated April 20, 2011. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hansen-Smith, seconded by Commissioner Caprioglio. VOTING: Ayes - Hansen-Smith, Caprioglio, Torossian (vice chair), Vasquez, Holt (chair) Noes - None Not Voting - None Absent - Dawar, Medina Planning Commission Resolution No. 13092 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 2 C M DATED: April 20, 2011 HN M. DUGAN, AICP, Secretary Fresno City Planning Commission Resolution No. 13092 Major Revision to Vesting Tentative Tract Map No. 5205/UGM Filed by Gary G. Giannetta on behalf of Gary McDonald Homes Action: Approve City of ,\I�, REPORT TO THE PLANNING COMMISSION cisc�� AGENDA ITEM NO. VIII-B COMMISSION MEETING 4/20/11 April 20, 2011 APPROVED BY s CSE ARTMENT DIRECTOR FROM: KEVIN FABINO, Planning Manager{ Development Services Division ` THROUGH: MIKE SANCHEZ, Planning Mana Development Services Division 4 BY: ISRAEL TREJO, Planner Development Services Division SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-08-292, MAJOR REVISION TO VESTING TENTATIVE TRACT MAP NO. 5205/UGM AND RELATED ENVIRONMENTAL ASSESSMENT NO. T-5205/C-08-292 RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. APPROVE the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration prepared for Plan Amendment A-09- 02 (Air Quality MND) prepared for Environmental Assessment No. T-5205/C-08-292 dated March 18, 2011. 2. APPROVE Conditional Use Permit Application No. C-08-292 subject to compliance with the Conditions of Approval dated April 20, 2011. 3. APPROVE the Major Revision to Vesting Tentative Tract Map No. 5205/UGM subject to compliance with the Conditions of Approval dated April 20, 2011. EXECUTIVE SUMMARY Gary G. Giannetta, on behalf of Gary McDonald Homes, has filed Conditional Use Permit Application No. C-08-292 and Major Revision to Vesting Tentative Tract Map No. 5205/UGM pertaining to approximately 13.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. Major Revision to Vesting Tentative Tract Map No. 5205/UGM proposes to subdivide the subject property into a 21-lot single family residential planned development subdivision with two outlots. Conditional Use Permit Application No. C-08-292 is a request to establish a Planned Development, which proposes to establish a gated community with private gated streets and modified property development standards, including setback requirements. The subject property was previously approved for subdivision and development as Village "F (see Exhibit C) of Vesting Tentative Tract Map No. 5205/UGM, comprising 16 single family residential lots. The new proposal, namely, the Major Revision to Vesting Tentative Tract Map No. 5205/UGM now proposes 21 lots, the reconfiguration of the street and lot patterns and the addition of a stub street, which connects the subject property to a property to the east. The subject property is located within the 2025 Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for medium density residential planned land uses (4.99 to 10.37 dwelling units per acre). Major Revision to Vesting Tentative Tract Map No. 5205/UGM REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 2 proposes a 21-lot single family residential planned development subdivision on approximately 13.07 acres at a density of 1.60 dwelling units per acre. The Copper River Ranch Master Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2,837 units. The submitted subdivision design can be found consistent with the medium density residential planned land use designation, pursuant to the 2025 Fresno General Plan and the Copper River Ranch Master Planned Community design as provided by Tentative Tract Map No. 5205/UGM and Conditional Use Permit No. C-04-153. The subject applications 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. PROJECT INFORMATION PROJECT A 21-lot, gated single family residential subdivision to be developed at a density of 1.60 dwelling units per acre. Outlot A is proposed to be developed with private streets while Outlot B is proposed open space APPLICANT Gary G. Giannetta on behalf of Gary McDonald Homes LOCATION Located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community (Council District 6, Councilmember Brand) SITE SIZE Approximately 13.07 acres LAND USE Existing - Vacant Proposed - Single family residential ZONING Existing - R-1/UGM/cz (Single Family Residential District/Urban Growth Management/conditions of zoning) Proposed- No change PLAN DESIGNATION The proposed 21-lot single family residential subdivision is consistent AND CONSISTENCY with the 2025 Fresno General Plan and Woodward Park Community Plan designation of the site for medium density residential planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration No. A-09-02 dated March 18, 2011 PLAN COMMITTEE The Northeast Area Plan and Implementation Committee RECOMMENDATION recommended approval of the original version of Vesting Tentative Tract Map No. 5205/UGM at its meeting on October 11, 2004 STAFF Approve the vesting tentative tract map (major revision) and RECOMMENDATION conditional use permit application subject to compliance with the Conditions of Approval for T-5205/UGM and for C-08-292 dated April 20, 2011 REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 3 BORDERING PROPERTY INFORMATION Planned Land Existing Zoning Existing Land Use Use North Open Space— O/UGM Golf Course Open Space/Urban Growth Management Golf Course South Community C-2/UGM Commercial Community Shopping Center/Urban Growth Commercial Management Low Density and R-1/UGM (pre-zoned) East Medium Low Density Single Family Residential District/Urban Rural Residential Residential Growth Management West Open Space— O/UGM Golf Course Open Space/Urban Growth Management Golf Course ENVIRONMENTAL FINDING Development and Resource Management Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MSIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designation and R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district classification for the subject site. Thus, the subdivision of the subject property in accordance with the Major Revision to Vesting Tentative Tract Map No. 5205/UGM will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. If has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 as provided by CEQA Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium Density Residential planned land use designation specified for the subject property. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) for the reasons REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 4 discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated March 18, 2011, with no comments received to date. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not know and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. BACKGROUND / ANALYSIS Gary G. Giannetta, on behalf of Gary McDonald Homes, has filed Conditional Use Permit Application No. C-08-292 and Major Revision to Vesting Tentative Tract Map No. 5205/UGM pertaining to approximately 13.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. Major Revision to Vesting Tentative Tract Map No. 5205/UGM proposes to subdivide the subject property into a 21-lot single family residential planned development subdivision with two outlots. Conditional Use Permit Application No. C-08-292 is a request to establish a Planned Development, which proposes to establish a gated community with private gated streets and modified property development standards, including setback requirements. The subject property is located within the 2025 Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for medium density residential planned land uses (4.99 to 10.37 dwelling units per acre). Major Revision to Vesting Tentative Tract Map No. 5205/UGM proposes a 21-lot single family residential planned development subdivision on approximately 13.07 acres at a density of 1.60 dwelling units per acre. The Copper River Ranch Master Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2,837 units. The submitted subdivision design can be found consistent with the medium density residential planned land use designation, pursuant to the 2025 Fresno General Plan and the Copper River Ranch Master Planned Community design as provided by Tentative Tract Map No. 5205/UGM and Conditional Use Permit No. C-04-153. The subject applications 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. The Copper River Ranch Master Planned Community was approved under Vesting Tentative Tract Map No. 5205/UGM and Conditional Use Permit Application No. C-04-153, approved on November 3, 2004. These development applications identified the subdivision of approximately 574 acres into an 830-lot single family residential subdivision that includes 8 single family residential villages consisting of both conventional lots and planned development lots with 45 outlots for multiple family residential development, landscaped open space, and commercial development. The overall Copper River Ranch project is planned for development in phases. The Major Revision to Vesting Tentative Tract Map No. 5205/UGM and Conditional Use Permit Application No. C-08-292 implement the development and design concepts of the Copper River Ranch Master Planned Community. The subject property was previously approved for subdivision and development as Village "F" (see Exhibit C) of Vesting Tentative Tract Map No. 5205/UGM, comprising 16 single family residential lots. The new proposal, namely, the Major Revision to Vesting Tentative Tract Map No. 5205/UGM now REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 5 proposes 21 lots, the reconfiguration of the street and lot patterns and the addition of a stub street, which connects the subject property to a property to the east. Major Revision to Vesting Tentative Tract Map No. 5205 Pursuant to section 12-1005.2(a)(4) of the Fresno Municipal Code (FMC), a one-time increase in the number of lots contained in an approved subdivision is considered a minor revision. The one-time increase in the number of lots for Vesting Tentative Tract Map No. 5205/UGM has been previously utilized. Pursuant to section 12-1005.2(c) of the FMC, a major revision is a revision that does not fit within the description of a minor revision. The final map for Vesting Tentative Tract Map No. 5205/UGM contained 16 lots within the subject area; the subject applications propose a five lot increase from the original vesting tentative tract map (from 16 lots to 21 lots). Additional alterations include a change in the street pattern and the addition of a stub street, which connects the subject property to a property to the east, located at the northeast area of the site. Density Transfer Density transfers are permitted through the processing of a planned development conditional use permit pursuant to Section 12-304-B-23 of the FMC. There are approximately 41 acres of land planned medium density and 171 acres of land planned medium-low density residential within Villages A through H of the Copper River Ranch project. The low end of the allowed "blended" density is approximately 578 lots. The high end of the allowed "blended" density is approximately 1281 lots. Villages A through H (Villages G and H have not been developed yet) are scheduled to develop with 947 lots, which meets the density transfer requirements. Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map (major revision), the applicant has submitted Conditional Use Permit Application No. C-08-292. Pursuant to Section 12-306-N-21 of the Fresno Municipal Code (FMC), a CUP is required in order to create a planned development. As part of the CUP, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. Conditional Use Permit Application No. C-08-292 is a request to establish a Planned Development, which proposes to establish a gated community with private streets and modified property development standards, including setback requirements. The applicant is proposing a 15 foot rear yard. The standard yard within the R-1 (Single Family Residential District) zone district is 20 feet. There is an existing decorative vehicular gate near the entrance to the proposed custom lot subdivision. The applicant is also proposing an outlot for open space purposes. Sidewalks, Streets and Access Points On December 09, 2010, the City Council approved Resolution No. 2010-279 authorizing specific "pending" applications for planned unit developments designed without sidewalks on both sides of private residential streets to proceed with the entitlement process subject to: (1) The entitlement application must have been received by the City of Fresno and deemed "complete" as defined by the Fresno Municipal Code prior to December 09, 2010; (2) The development applications must be for "vesting" entitlements; and, (3) The applicant must enter into an agreement to defend, hold harmless and indemnify the City of Fresno. This Resolution acknowledged five development entitlement applications for approximately 370 total single family residential units currently pending; including the Major Revision to Vesting Tentative Tract Map No. 5205/UGM. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 6 The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated June 9, 2009. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Copper River Ranch Associated major Roadway Infrastructure and Interior Collector Roadway Facility Fees. The private street within the subject property will provide access to the recently approved Vesting Tentative Tract Map No. 5903/UGM; said subdivision contains 6 lots. Public Services The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site. The DPU has identified sanitary sewer and water requirements for this project which are listed in the memorandums dated, respectively, June 10, 2009 and May 27, 2009. The City of Fresno Fire Department has submitted comments indicating the proposed project is located within one mile from Fresno Fire Station No. 17. Development of lots 16 through 21 is contingent upon the completion of the second access path to the east through Vesting Tentative Tract Map No. 5903/UGM; said map proposes a 20 foot emergency vehicle access through its boundaries. Fresno Metropolitan Flood Control District (FMFCD) The Fresno Metropolitan Flood Control District (FMFCD) has indicated that drainage service is available for the development. The natural drainage of land in this immediate area flows from east to west. The proposed development must accommodate for the natural drainage pattern to continue or have adequate mitigation in place to prevent future drainage issues with flooding of the properties to the east of the subject site. In order to provide surface drainage and major storm conveyance from the properties to the east (APNs 579-074-30 and 579-074-33), the FMFCD recommends a stub street to the east between proposed lots 9 and 10. If the stub street is not constructed, then the developer of the subject application shall provide for surface drainage of storm water in the form of an improved channel. The property to the east of the subject site is located within the boundaries of the County of Fresno. Staff contacted the grading engineer of the County of Fresno to obtain comments/requirements for the subject project. The County grading engineer indicated that the FMFCD's requirements (i.e. stub street or improved channel) should be sufficient to prevent future drainage issues with flooding of the properties to the east. Any grading necessary on the parcels to the east, to redirect drainage to the stub street (or other alternative), will require a grading permit from the County of Fresno. State Department of Transportation (Caltrans) Caltrans, in their letter dated June 8, 2009, has no comment on the proposed project. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 7 Notice of Planning Commission Hearing The Development and Resource Management Department mailed notices of this Planning Commission hearing to all surrounding property owners within 350 feet of the subject property, pursuant to Section 12-401-C-2 of the Fresno Municipal Code. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-08-292 proposes the development of a 21 lot single family residential planned development. The planned development will provide a gated community with private streets and reduced rear yard setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with the Conditions of Approval dated April 20, 2011, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No. C-08-292 will comply with all applicable codes, including, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan, the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, growth, employment opportunities, etc. The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 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 REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 8 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 and the Woodward Park Community Plan, because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 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; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 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 the area is not known to contain any unique or endangered species and 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, 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 and subdivision requirements. 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. Planning Commission action of the proposed Vesting Tentative Tract Map and Conditional Use Permit, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the Major Revision to Vesting Tentative Tract Map No. 5205/UGM and Conditional Use Permit No. C-08-292 are appropriate for the project site. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-08-292 Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 9 Attachments: Vicinity Map Aerial Photograph of Site Public Hearing Notice Vicinity Map Exhibit A, Vesting Tentative Tract Map No. 5205/UGM (major revision) dated March 11, 2011 Exhibit B, Site plan for Conditional Use Permit Application No. C-08-292 dated March 11, 2011 Exhibit C, Previously approved Village "F" within Vesting Tentative Tract Map No. 5205/UGM Letter from Caltrans dated June 8, 2009 Conditions of Approval for Major Revision to T-5205/UGM dated April 20, 2011 Conditions of Approval for CUP Application No. C-08-292 dated April 20, 2011 Comments and Requirements from Responsible Agencies Environmental Assessment No. T-5205/C-08-292, Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130 and Mitigated Negative Declaration for Plan Amendment A-09-02 dated March 18, 2011 i i I I l i f , N.Maple Avenue ag z E _ —- - - E. Copper Ave L l E; PP f)k' LEGEND ® Subject Property VICINITY MAP DEVELOPMENT & RESOURCE MGMT DEPARTMENT CONDITIONAL USE PERMIT NO. C-08-292 & VESTING TENT. 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TRACT N0. 5205 ,.,, CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND ENTITLEMENT APPLICATION REVIEW OF VESTING TENTATIVE TRACT MAP NO. 5205/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-08-292 Return Completed Form to: Israel Trejo, Planner �n n� i 2 r�� Email: Israel.Trejo@fresno.gov l Telephone: 559-621-8044 Planning & Development Department 2600 Fresno Street, Third Floor FrP.SnA CA A�791-;�RD4 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No. 5205/UGM, a 20-lot single-family residential private street planned development project with 2 outlots on approximately 13 acres of R-1/UGM zone property located within the Copper River Ranch Planned Community. This map has been submitted as a major amendment to the previously approved T-5205/UGM. Conditional Use Permit Application No. C-08-292 is requesting a planned development with gated entry, private street and reduced setbacks APN: 579-074-17 ZONING: R-1/UGM ADDRESS: 11148 N.Knotting Hill Dr. DATE ROUTED: May 8, 2009 COMMENT DEADLINE: May 22, 2009 If no response is received by the comment deadline, it will be assumed you have no comments to submit. WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes, specify.) SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS: REQUIRED CONDITIONS OF APPROVAL: IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): REVIEWED BY: a `"� �' �� � .� ��� f I, Name and Title Telephone Number Date ». , a ! � District 6; Woodward Park Community Plan Attachments: vesting Tentative Tract Map No.5205/UGM and site pian for Conditional Use Permit No.C-08-292 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 20, 2011 VESTING TENTATIVE TRACT MAP NO. 5205/UGM (Major Revision) East side of North Knotting Hill Drive, north of East Copper Avenue All vesting 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 tract map. 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5205/UGM (major revision), a Planned Development dated March 11, 2011, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map and Conditional Use Permit No. C-08-292. 2. The Conditions of Approval for Vesting Tentative Tract Map No. 5205/UGM, dated November 3, 2004, remain in effect for the subject project except as modified by the subject conditions of approval. 3. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordal:ion/processing. 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 Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 2 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. 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. 6. 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. 7. 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. 8. 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. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 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. 10. 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. 11. It shall be required that you file an amended Exhibit Seven titled "Land Use, Density and Parcel Identification Matrix" for Conditional Use Permit No. C-04-153. 12. Major Revision to Vesting Tentative Tract Map No. 5205/UGM is subject to approval of related Conditional Use Permit No. C-08-292. GENERAL INFORMATION 13. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 3 a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. 14. 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," 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. 15. 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. 16. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 17. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. 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. 20. If animal fossils are uncovered, the Museum of Paleontology at the University of California, 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. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 4 21. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) 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. Lot Dimensions 22. Lot dimensions shall match those depicted on "Exhibit A," dated March 11, 2011, for Major Revision to Vesting Tentative Tract Map No. 5205/UGM. Building Setbacks 23. Building setbacks shall be in accordance with the site plan exhibit "A" dated March 11, 2011, and as follows: Front yard: Front yard setbacks shall be a minimum of 20 feet. Interior Side yard: Interior side yard setbacks shall be a minimum of five feet. Proposed lots 13 and 21 are reversed corner lots. The side yard abutting the street shall not be less than 10 feet. Rear yard: Rear yard setbacks shall be a minimum 15 feet. a) Should a drainage channel be proposed between lots 9 and 10 (or other location), the appropriate building setback shall be provided as determined by the Fresno Metropolitan Flood Control District and the Development and Resource Management Department. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 5 Lot Coverage 24. Pursuant to the requirements from the Fresno Metropolitan Flood Control District, the developed lot coverage shall be 40% or less, otherwise the applicant shall be required to mitigate the impacts of the increased runoff due to the increased lot coverage to a rate that would be expected if developed to 40% lot coverage. Additionally, the applicant shall indicate on Exhibit A the amount of lot coverage proposed. Landscaping and Walls 25. Comply with the memorandum from the Public Works Department dated May 26, 2009. 26. There were no walls depicted on Site Plan Exhibit A dated March 11, 2011. Any walls or fences proposed along the eastern edge of the subject tract shall be approved by the Development and Resource Management Department, including, the Building and Safety Services Division (which will review drainage issues). STREETS AND RIGHTS-OF-WAY 27. Comply with all of the requirements within the attached Public Works Department, Traffic and Engineering Division memorandum dated June 9, 2009 with the following exception: a) In accordance with City Council Resolution No. 2010-279, the proposed project is exempt from providing sidewalks on both sides of private streets subject to the execution of an indemnification agreement, in a form provided by the City of Fresno, prior to Planning Commission action respective to the proposed project. 28. In accordance with Section 12-1011(f)(6) of the Fresno Municipal Code every lot shall abut on a public street right-of-way, except where adequate internal circulation is provided by a private street or streets in an approved planned unit development. a) A cross access agreement with Vesting Tentative Tract Map No. 5903/UGM is required in order to provide access to a public street right-of-way for Vesting Tentative Tract Map No. 5903/UGM. SANITARY SEWER SERVICE 29. Comply with the memorandum from the Public Utilities Department dated June 10, 2009. WATER SERVICE 30. Comply with the memorandum from the Public Utilities Department, Water Division dated May 27, 2009. STREET NAMES 31. Comply with the street name review memorandum dated May 21, 2009. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 6 SOLID WASTE SERVICE 32. Comply with the memorandum from the Department of Public Utilities dated June 9, 2009. FIRE SERVICE 33. Comply with the memorandum from the Fire Department dated March 2, 2011. FLOOD CONTROL AND DRAINAGE 34. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD). These requirements are identified in the District's letters to the Planning and Development Department dated June 2, 2009. 35. Should there be cross drainage with the subject property and the properties to the east (APNs 579-074-33 and 579-074-30), a cross drainage covenant will be required between the affected parcels. COUNTY OF FRESNO-ENVIRONMENTAL HEALTH 36. The County of Fresno, Environmental Health Division, indicated they have no comments. RIGHT-OF-WAY ACQUISITION 38. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 39. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 40. 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. 41. 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. 42. 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, Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 7 appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS 43. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. a) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located within proposed Outlots associated with the proposed project. b) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in any entry median island or traffic medians located within the project. c) The property owner shall be responsible for providing for the maintenance of the curbs and gutters, valley gutter, sidewalks, street lights and street signage within any local public street rights-of-way associated with the project. d) The property owner shall be responsible for providing for the maintenance of all street trees within any local public street rights-of-way associated with the project. 44. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review and processing. 45. Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be technically correct. 46. 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 acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 47. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based management mechanism which provides for the maintenance of these items in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 8 STREETS AND RIGHTS-OF-WAY 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 FMC and the State Subdivision Map Act. 49. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Landscape and irrigation plans (median island and street trees within all parkways); and 50. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 51. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for arterial and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 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. PUBLIC WORKS DEPARTMENT-GENERAL ENGINEERING 52. Depict the existing public utility easement as red-lined on Vesting Tentative Tract Map No. 5205/UGM (major revision). FRESNO IRRIGATION DISTRICT (FID) 53. Pursuant to the letter dated May 8, 2009, FID does not own, operate or maintain facilities on the subject property. PACIFIC GAS AND ELECTRIC COMPANY 54. The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric (PG&E) Company dated May 27, 2009. CALTRANS 55. In their letter dated June 8, 2009, Caltrans indicated they have no comment. Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 9 COUNTY OF FRESNO-GRADING ENGINEER 56. The proposed development shall accommodate for the natural drainage pattern to continue or have adequate mitigation in place to prevent future drainage issues with flooding of the properties to the east. Any grading necessary on the parcels to the east of the subject site (located within the County of Fresno) to redirect drainage to the stub street (or other alternative) will require a grading permit be issued from the County of Fresno. DEVELOPMENT FEES AND CHARGES 57. This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE h.. Lateral Sewer Charge[4] $0.10/sq. ft. (to 100' depth) i. Oversize Charge[4] $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charge[2] $496/living unit Service Area: Herndon k. Wastewater Facilities Charge[3] $2,119/living unit I. Copper River Ranch Sewer Backbone System [4] $613.67/living unit m. Copper Avenue Sewer Lift Station Charge [4] $650/living unit n. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE o. 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. p. Frontage Charge[4] $6.50/lineal foot q. Transmission Grid Main Charge[4] $643/gross acre (parcels 5 gross acres or more) r. Transmission Grid Main Bond Debt Service Charge [4] $243/gross acre (parcels 5 gross acres or more) s. UGM Water Supply Fee [2] $456/living unit Service Area: 101s Conditions of Approval Major Revision to Vesting Tentative Tract Map No. 5205/UGM April 20, 2011 Page 10 t. Well Head Treatment Fee [2] $0/living unit Service Area: 101 u. Recharge Fee [2] $0/living unit Service Area: 101 v. 1994 Bond Debt Service [4] $895/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE w. Fire Facilities Impact Fee — Citywide [4] $539/living unit x. Park Facility Impact Fee— Citywide [4] $2278/living unit y. Quimby Parkland Dedication Fee [2] $1120/living unit z. Citywide Regional Street Fee [4] $8,361/adj. acre aa. New Growth Area Major Street Fee [4] $18,790/adj. acre bb. Police Facilities Impact Fee — Citywide [4] $624/living unit cc. Traffic Signal Charge [4] $440.03/living unit COPPER RIVER RANCH IMPACT FEES FEE RATE dd. CRR Major Roadway Infrastructure Facility Fee [4] $7,293.30/adj. acre ee. CRR Major Interior Collector Roadway Facility Fee [4] $29,786.01/adj. acre ff. CRR Clovis Mitigation Fee [2] $38.99/ADT [5] gg. CRR Friant Widening Mitigation Fee [2] $9.76/ADT [5] Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. [5] Determined by Public Works. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 20, 2011 CONDITIONAL USE PERMIT APPLICATION NO. C-08-292 "A PLANNED DEVELOPMENT" EAST SIDE OF THE NORTH KNOTTING HILL DRIVE, NORTH OF EAST COPPER AVENUE PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 579-074-17 2. Street Location: Located on the east side of the North Knotting Hill Drive, north of East Copper Avenue (Council District 6, Councilmember Brand) 3. Existing Zoning R-1/UGM/cz (Single Family Residential/Urban Growth Managemenbconditions of zoning) zone district 4. Proposed Zoning No change 5. Planned Land Use: Medium Density Residential (4.99-10.37 dwelling units/acre) 6. Plan Areas: 2025 Fresno General Plan and Woodward Park Community Plan 7. Project Description: Requests authorization to establish a gated private street planned development with modified property development standards for 21 lots proposed to be created by Major Revision to Vesting Tentative Tract Map No. 5205/UGM PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on April 20, 2011, approved the special permit application subject to the enclosed list of conditions and Exhibit A for Conditional Use Permit Application No. C-08-292. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies,those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recorrimended 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. Conditions of Approval Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 2 of 7 Discretionary conditions of approval 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; and, 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 and Resource Management 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. (Include this note on the site plan.) 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 the original site plan exhibit 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. The exercise of rights granted by this special permit must be commenced by April 20, 2015(fouryears from the date of approval). To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division 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 the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Conditions of Approval Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 3 of 7 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 contact Israel Trejo at(559)621-8044 or via e-mail at Israel.Trejo@fresno.gov to schedule 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. 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 relating to dedications, street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.Gilio(a7_fresno.gov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) Provide and identify a minimum four(4)foot wide path of travel along the sidewalk directly in front of all properties created within the subdivision as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements cannot be met within the existing public right-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. Conditions of Approval Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 4 of 7 d) DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: • Dedications shall take place in accordance with the Conditions of Approval for the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated April 20, 2011. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed rior to final occupancy. c) Design and construct curb, gutter, AC paving, and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared bya registered Civil Engineer. d) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559)621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) "R-1," Single Family Residential District (Section 12-211 of the FMC) ii) 2025 Fresno General Plan iii) Woodward Park Community Plan Conditions of Approval Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 5 of 7 2) ZONING a) Approval of Conditional Use Permit Application No. C-08-292 is contingent upon approval of the Major Revision to Vesting Tentative Tract Map No. 5205/UGM. 3) POPULATION DENSITY a) Pursuant to the medium density residential planned land use designation for the subject property, the subject property shall be developed in accordance with the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated March 11, 2011 and Exhibit "A" of Conditional Use Permit Application No. C-08-292 dated March 11, 2011. i) A new entitlement will be required in order to revise the current development proposal or authorize an alternative development scheme for the subject property. 4) BUILDING HEIGHT a) No building or structure erected in the R-1 (Single Family Residential)zone district shall have a height greater 35 feet. b) All accessory buildings on the lots proposed to be created by the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated March 11, 2011 shall comply with the requirements and provisions of the development standards of the FMC for the R-1 zone district and are subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC. 5) BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided in accordance with Exhibit "A" of Conditional Use Permit Application No. C-08-292 and the Conditions of Approval for the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated March 11, 2011. a) Any proposed deviation from the building setbacks established by Exhibit "A" of Conditional Use Permit Application No. C-08-292 requires a revision to said Conditional Use Permit. b) Spaces between buildings shall be provided in accordance with the approved building setbacks and building envelopes for individual properties respective to Exhibit"A" of Conditional Use Permit Application No. C-08-292 and the Conditions of Approval for the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated March 11, 2011. c) Should a drainage channel be proposed between lots 9 and 10 (or other location), the appropriate building setback shall be provided as determined by the Fresno Metropolitan Flood Control District and the Development and Resource Management Department. d) Proposed lots 13 and 21 are reversed corner lots. The side yard abutting the street shall not be less than 10 feet. Conditions of Approval Conditional Use Permit Application No. C-08-292 April 20, 2011 Page 6 of 7 6) LOT COVERAGE a) Pursuant to the requirements from the Fresno Metropolitan Flood Control District, the developed lot coverage shall be 40% or less, otherwise the applicant shall be required to mitigate the impacts of the increased runoff due to the increased lot coverage to a rate that would be expected if developed to 40% lot coverage. Additionally, the applicant shall indicate on Exhibit A the amount of lot coverage proposed. 7) LANDSCAPING The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30-60 feet at maturity)for each parking space, plus one medium sized tree for each residential unit. Two small size trees(15- 30 feet at maturity) may be substituted for one medium size tree. a) Trees shall be maintained in good health. 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. (Include this note on the site plan and landscape plan.) b) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. c) All yards (including private)and areas designated for open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. 8) FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of for the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated March 11, 20101 and the following: a) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC. All proposed fences and walls must be approved by the Development and Resource Management Department. b) There were no walls depicted on Exhibit A dated March 11, 2011. Any walls or fences proposed along the eastern edge of the subject tract shall be approved by the Development and Resource Management Department, including, the Building and Safety Services Division (which will review drainage issues). PART E - CITY AND OTHER SERVICES 9) Refer to the Conditions of Approval for the Major Revision to Vesting Tentative Tract Map No. 5205/UGM dated April 20, 2011 for all other requirements. _ D E P A R T M E N T O F P U B L I C W 0 R K S TO: Israel Trejo, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.8794) Engineering Division DATE: May 26, 2009 SUBJECT: Tract-5205 (TTM 5205 (T-5273); C-08-292), APN: 579-074-17 (Located on the east side of North Knotting Hill Drive in the Copper River Ranch Project) The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in street rights-of-ways: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards. 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and outlots, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District #12 or by forming a Home Owner's Association. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. 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 12-306-23&24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. 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 landscape concept for the Copper River Ranch Project. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk 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 Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. 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. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 2 foot wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight(8)feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD,the Department of Public Works will require approving landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the CFD. City of le In DATE: June 9, 2009 TO: Israel Trejo, Planner Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager— Public anagerPublic Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval TT 5205 amendment/C-08-292, (North of Copper between Maple and Chestnut) Highland E. LLC / Gary G. Giannetta The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Provide the following Information on the tentative tract map and/or complete the following, 2E12r Planning Commission. 1. Identify ingress and egress to an existing public street. General Conditions: Comply with all conditions as set forth in T-5205 dated October 26, 2004. Provide required connections from Copper River to Friant Expressway and from Riverbank to Copper at Cedar and Maple in accordance with the Copper River EIR. 1. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 2. If not existing, street work on major streets shall be designed to include Intelligent Transportation Systems (ITS) in accordance with the Public Works ITS Specifications. 3. Design local streets with a minimum of 250' radius. 4. Local street lengths exceeding 800' and four way intersections require traffic calming measures. Construct permanent traffic circles. Identify and provide cross sections on the map. No parking is allowed adjacent to the circles. 5. Garage setback: Provide 20' from the garage to the back of walk. A minimum of 18' is allowed with a roll-up door. 6. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall pay all costs and fees associated with the City environmentally assessing the outlot to insure that it is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I environmental assessment. The environmental assessment shall be completed and all fees and costs for said environmental assessment shall be paid to the City prior to subdivider's submittal of the Final Map for City approval. Page 1 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc 7. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. 8. Street widening and transitions shall also include utility relocations and necessary dedications. Frontage Improvement Requirements: Interior Streets: Private Construct sidewalks on both sides of the private streets per ADA standards and the 2025 General Plan. Refer to page 69 E-1-j. Specific Mitigation Requirements: 1. The first order of work shall include a minimum of two points of vehicular access to the major streets for gny phase of this development. Identify second point of access. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reirribursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this fee they should work with the Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. Fresno Malor Street Impact (FMSI) Fee : Pay all applicable growth area fees and City-wide regional street impact fees. Copper River Ranch Associated Maior Roadway Infrastructure Fee: Applicant shall pay fair share contribution. Copper River Ranch Interior Collector Roadway Facility Fee: Applicant shall pay fair share contribution. Page 2 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. Page 3 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc City of I \t V !%d&,0;F 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: 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 4 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc 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. 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. 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) 3. 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 paving, 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. 2. 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 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. 4. Construct twenty (20) feet of permanent paving within the limits of this development. Page 5 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc 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 pattern 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. 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. 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) 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 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. 4. Construct twenty (20) feet of permanent paving within the limits of this development. Page 6 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc 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. 6. 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: 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 Pubic Works Standard P-44. 1. All contact 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. 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. 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' 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. 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 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. 1. 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 approval of Traffic Engineering. Page 7of9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc 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 turn 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. c. Identify the Multi-Purpose Trail Easement on Copper from Maple to the easterly boundaries of this subdivision. 8. 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: This subdivision is outside the current UGM boundaries but 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 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, ligh[ing, 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 MPIA design speed. 2. Construct an 8" raised concrete median island within the limits of this development (22' to 26' in width). Page 8 of 9 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc East Copper Avenue: Super Arterial 1. 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. 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 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. 2. Construct an 8" raised concrete median island within the limits of this development. North Cedar Avenue: 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. 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-03-17 Page 9 of 9 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\T-5205 amendment 5-22-09.doc City Qf �J�\��SpN\YASIOA SD(1O�q�l AY �► DPU DEPARTMENT OF PUBLIC UTILITIES �9�QNADfMEfn SE���P Providing Life's Essential Services Date: June 10, 2009 To: ISRAEL TREJO, Planner R Planning and Development Department, Current Planning From: DOUG HECKER, Supervising Engineer Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT MAP 5205/UGM, AND C-08-292 Project Description 21 T-5205/UGM and C-08-292, a,2tf-lot single family residential private street planned development project with 2 outlots on approximately 13 acres of R-YUGM zone property located within the Copper River Ranch Planned Community, 11148 North Knotting Hill Drive, APN 579-074-17. This map has been submitted as a major amendment to the previously approved T-5205/UGM. C-08-292 is requesting a planned development with gated entry, private street and reduced setbacks. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main located in North Knotting Hill Drive. The following conditions shall be required to provide sewer service to the project. 1. Construct a 12-inch sanitary sewer main in Outlot "A" from North Knotting Hill Drive to provide sanitary sewer service to each lot created. 2. Separate sewer house branches are required for each lot. 3. Abandon any existing on-site private septic systems. 4. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 5. All underground street utilities shall be installed prior to permanent street paving. 6. 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 Sewer System. 7. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. Sanitary Sewer Fees The following Sewer Connection Charges shall be paid for the Project: 1. Lateral Sewer Charge. 2. Sewer Oversize Charge. 3. Sewer Facility Charge (Residential Only). 4. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee. 5. Trunk Sewer Charge: Herndon 6. Copper Avenue sewer lift-station service fee City ofIrnill *A Of ��SpH1SA110H Sotio� G � y DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION 3 DPU 9 2 91"9*g14V'40 DATE: May 27, 2009 Providing Life's Essential Services TO: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration FROM: MICHAEL CARBAJAL, Supervising Engineering Technician Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5205 The following conditions are required to provide water service to the tract. 1. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a total of 500 gallons per minute. Well sites shall be of a size and at a location acceptable to the Assistant Director of Public Utilities. 2. Water well construction shall include wellhead treatment facilities, if required. 3. No occupancies will be permitted prior to the satisfaction of the water supply requirement. 4. Separate water services with meters shall be provided to each lot created. 5. 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 a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 6. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 7. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 8. All proposed water main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the water main. The planting plan for any proposed landscape within the easement shall be approved by the Department of Public Utilities. No trees shall be located within 8 feet of the water main. All water mains within an easement shall be clearly marked with signage above indicating the exact location and type of facility below. T:TROJM\MEC\Conditions of Approval\5205 052709.doc 9. The development shall implement mitigation measures such as the installation of low 'flow fixtures, the use of artificial lawn or xeriscape, the use of evapotranspiration controllers, etc., to facilitate water consumption at a rate of 243 gallons per person per day. T:\PRO.IM\MEC\Conditions of Approval\5205 052709.doc Street Name Review TM-5205 revised 5-21-09 Street Name Status Required Change North Knotting Hill Drive Good Note: Submit new street names for private streets for review and approval. Names must be unique to the County of Fresno and must not have the suffix of avenue, road, or street. City of 1'R_...-.iii:'iii►�� DEPARTMENT OF PUBLIC UTILITIES June 9, 2009 TO: Israel Trejo, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Wast Division FROM: Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5205/UGM and C-08-292, Solid Waste Conditions of Approval Location: Copper River Ranch, 11148 North Knotting Hill Drive, APN 579-074-17 The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5205 that was submitted by Gary G. Giannetta, on behalf of Copper River Development Company, Inc. The following requirements and conditions are to be placed on this vesting tentative tract maps 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 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Conditions of Approval TT5205&C-08-292.doc Special Conditions: Gated entrances require 18' of clearance for Solid Waste vehicles. Covenant Requirements: There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m. Lots 5, 6, 9, 10,X 17, and 18 �( Conditions of Approval TT5205&C-08-292.doc IgE SAO F I R S March 2, 2011 TO: ISRAEL TREJO, Planning Manager Planning and Development Department, Planning Division FROM: MIKE SCHMIDT, Senior Fire Prevention Inspector Fire Department, Fire Prevention and Investigation Division SUBJECT: REVISED TENTATIVE TRACT NO. 5205 The Fire Department has completed a review of the Tentative Tract Map 5205 which was submitted by Gary Giannetta. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 1 mile of Fire Station No. 17. This project is subject to city wide fire service fees. Provide residential /commercial fire hydrants and fire flow per Public Works standards. The fire hydrants shall be protected by bollards because there are not regular curbs to protect them. I� 2I Development of lots #,18 through X is contingent upon the completion of the second access path to the east through T-5903. Development on those lots may proceed once completion of the 2nd access is documented. Any lots beyond 450 feet from a single point of access will require fire sprinklers if built before a second point of access is provided. Post the cul-de-sacs as fire lanes, the turn radius are too tight to turn around a fire truck. Phasing of the project will require additional review for access and hydrants. Note: original comments from the pre-application meeting for this project have not been addressed on this plan. File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Arnoldo Rodriguez HIGHLAND E. LLC Planning& Development Department 11326 N. GLENCASTLE AVE. City of Fresno FRESNO, CA 93730 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5205 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " DE - DRAINAGE AREA " DE $102,167.00 DATE (p, , p DRAINAGE AREA if - - TOTAL FEE $102,167.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. O 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. 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. 5205 REV 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 fl Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to North Knotting Hill Drive. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water & Sewer Plan Other 4. Availability of drainage facilities: X 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. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 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.) 5205 REV 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 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7. 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 one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting,to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. Z These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a• State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a O Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing;trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5205 MV 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 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. 8. 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. 9. 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. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Project Engineer: Neda Shakeri District Engineer C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5205 REV 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. 24 Co ' - w I APN 579-074-33S - - - l i I i 1 -�-`�r �',;� 1 Tf2ACT -- - 5205 �Im r I , l APN 579-074-30S II ----- � "D E" 24 .►66 LEGEND - — Drainage Area Boundary --- - -- Street Centerline Direction of Drainage o— Existing Master Plan Facilities Limits of Project 1 "= 300' ® Stub Street TRACT 5205 CUP 2008-292 DRAINAGE AREA: "DE" �� EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT K:1AutocadlDWGS10EXHISIT�TRACTS1520515205.mxd Prepared By Wade lavares sroannnn OTHER REQUIREMENTS EXHIBIT NO. 2 The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb (4.5 inches height)be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. The District recommends a stub street to the east in the southerly portion of Tract 5205. This is necessary to provide surface drainage and major storm conveyance from APNs 579-074-30s and 33s to the existing Master Plan inlet in Tract 5205. If the stub street is not constructed, then the developer of Tract 5205 shall provide for surface drainage of storm water in the form of an improved channel. The developed lot coverage shall be 40% or less, otherwise, the developer shall be required to mitigate the impacts of the increased runoff due to the increased lot coverage to a rate that would be expected if developed to 40% maximum lot coverage. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing storm drainage system. Development No. Tract 5205 Revised eng r\perm i is\ex h i bi ts2\tract\5205 revised(ns) 7 File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Amoldo Rodriguez HIGHLAND E.LLC g Planning&Development Department 11326 N. GLENCASTLE AVE. C City of Fresno FRESNO, CA 93730 2600 Fresno Street - 00 Fresno,CA 93721 PROJECT NO. 2008-292 PRELIMINARY FEE(S)(See below) DRAINAGE AREA " DE " " - " DRAINAGE AREA " DE " $102,167.00 DATE 6,— 2 _Off DRAINAGE AREA to - to - APN 579-074-17 TOTAL FEE $102,167.00 ADDRESS 11148 N.KNOTTING HILL DR. The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this ■ development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through February 28, 20 10 based on the site plan submitted to O the District on 05/08/09 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. co I 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. 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. 2009-292 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 f) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to North Notting Hill Drive. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X 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. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 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.) 2008-292 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 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. C 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, Ma storm water,and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7. 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 one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be O 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 O disturbance of at least one acre(or less than one acre if part of a larger common plan of O development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), co 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. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997(available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit: manufacturing;trucking;recycling; and. waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non- storm water discharges,conduct routine site inspections,train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2008-292 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 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. 8. 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. 9. 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. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. /✓T � Y '�`�%�/ �c�%"�LT^'G`"'"am. Gerald E. Lakemaq Project Engineer: Neda Shakeri District Engineer C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 2008-292 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. -24 ..//�4tj „DN„ C Q j ;- g APN 579-074-33S TRACT 5205 l----f -WAy` — I NGARRY — y f , APN 579-074-30S Ll "DE" 24-- LEGEND LEGEND — --- — Drainage Area Boundary — - -- Street Centerline ----- Direction of Drainage O— Existing Master Plan Facilities Limits of Project 1 " = 300' ® Stub Street TRACT 5205 CUP 2008-292 DRAINAGE AREA: "DE" 1 EXHIBIT NO. 1 • FRESNO METROPOLITAN FLOOD CONTROL DISTRICT KlAutocad4D WGS\DEXHI©IT\TRACTS1520515205.mxd Prepared By:Wade Tavares 5.'28/2009 OTHER REQUIREMENTS EXHIBIT NO. 2 The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb (4.5 inches height) be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. The District recommends a stub street to the southerly portion of CUP 2008-292. This is necessary to provide surface drainage and major storm from APNs 579-074-30s and 33s to the existing Master Plan inlet in CUP 2008-292. If the stub street is not constructed, then the developer of CUP 2008- 292 is responsible for any surface drainage. The developed lot coverage shall be 40% or less, otherwise, the developer shall be required to mitigate the impacts of the increased runoff due to the increased lot coverage to a rate that would be expected if developed to 40%maximum lot coverage. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Development No. CUP 2008-292 engr\permit\exhibit2\city-cup\2008\2008-292(ns) Israel Trejo From: Steve Bloem [SBIoem@fresnoirrigation.com] Sent: Friday, May 08, 2009 1:22 PM To: Israel Trejo Subject: Declined: SUBDIVISION REVIEW MEETING -WITH ENGINEER-T-5205 Isreal, FID does not own, operate, or maintain any facilities located on the applicant's property. FID expects no adverse impacts from the approval of the subject proposal. Therefore, FID personnel will not be attending this upcoming meeting. Thank you for the invitation to this meeting and keeping FID in the loop. Sincerely, Steve Bloem Engineering Technician Fresno Irrigation District 2907 S Maple Avenue Fresno, CA 93725 Office (559) 233-7161 ext. 321 Fax (559) 233-8227 sbloem @fresnoirrigation.com i . acirtc Gas and Kyle Patten Phone:559-263-5167 Land Agent E Mail kap6&pge.com Electric Company , 650 O Street Bag 23 t Fresno,CA.93760 Land Services May 27, 2009 Fresno County 2600 Fresno St. Third Floor Fresno, CA 93721 Attn: Israel Trejo Dear Israel Trejo, We have received your request for comments notice for the Vesting Tentative Tract Map No. 5205 in the Copper River Ranch Planned Community. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. We would also like to note that continued development consistent with your General Plans will have a cumulative impact on PG&E's gas and electric systems and may require on-site and off-site additions and improvements to the facilities which supply these services. Because utility facilities are operated as an integrated system, the presence of an existing gas or electric transmission or distribution facility does not necessarily mean the facility has capacity to connect new loads. If PG&E has an existing pole line facility that serves the property and the existing pole line crosses proposed property lines (and is not covered by an existing easement), it is the property owner's responsibility to provide PG&E with adequate rights-of-way. PG&E is available to assist the property owner in making the determination if an easement will be necessary. The property owner or their agent may contact the undersigned for assistance. Existing gas or electric facility relocations necessitated by new street improvements will be at the expense of the developer. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. PG&E remains committed to working with the County of Madera to provide timely, reliable and cost effective gas and electric service. Thank you for the opportunity to review the plans of this Vesting Tentative Tract Map. If you have any questions, please contact me at 263-5240. Sincerely, Gage Fleming Land Agent CITY OF FRESNO— ENVIRONMENTAL ASSESSMENT FINDING OF CONFORMITY/MEIR NO. 10130/MND FOR PLAN AMENDMENT A-09-02 (AIR QUALITY MND) DATE RECEIVED FOR FILING: Pursuant to Section 21157.1 of the California Public Resource Code (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan Applicant: Initial Study Prepared By: Gary McDonald Planner: Israel Trejo 11326 North Glencastle Avenue Date: March 18, 2011 Fresno, CA 93730 Environmental Assessment Number: T-5205/C-08-292 Project Location (including APN): East side of North Knotting Hill Drive, north of Major Revision to Vesting Tentative Tract Map No. East Copper Avenue 5205/UGM and Conditional Use Permit Application No. C-08-292 APN: 579-074-17 Project Description: Gary Giannetta, on behalf of Gary McDonald Homes has filed Conditional Use Permit Application No. C-08-292 and Major Revision to Vesting Tentative Tract Map No. 5205/UGM pertaining to approximately 13.07 acres of property located on the east side of the North Knotting Hill Drive, north of East Copper Avenue. The property is located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General Plan. The Woodward Park Community Plan and the 2025 Fresno General Plan designate the subject property for medium density residential planned land uses. The application is a request to subdivide the property into a 21 lot gated single family residential private street subdivision. The existing R-1/UGM/cz (Single Family Residential District/Urban Growth Management/conditions of zoning) zone district is consistent with the planned land use designation of medium density. The subject property is currently vacant. Conformance to Master Environmental Impact Report(MEIR) NO. 10130: The adopted 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site for medium density residential planned land uses. The existing R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district for the subject property conforms to the medium density residential planned land use designation. The Planning and Development Department staff has prepared an Initial Study (See Attached "Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study") to evaluate the proposed Conditional Use Permit and Vesting Tentative Tract Map application(s) in accordance with the land use and environmental policies and provisions of lead agency City of Fresno's 2025 Fresno General Plan (SCH # 2001071097), the related Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan (Air Quality MND). The subject property is currently vacant but may be further developed at an intensity and scale that is permitted by the planned land use designation and proposed zone district classification for the site. Thus, the proposed Conditional Use Permit and Vesting Tentative Tract Map application(s) will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and the Air Quality MND have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Guidelines Section 15177(b)(3). Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Conditional Use Permit Application No. C-08-292 and Major Revision to Vesting Tentative Tract Map No. 5205/UGM Environmental Assessment No. T-5205/C-08-292 March 18, 2011 Page 2 Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause additional significant impacts on the environment that were not previously examined by the MEIR and the Air Quality MND. Relative to this specific project proposal, the environmental impacts noted in the MEIR and the Air Quality MND, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the low density residential planned land use designation specified for the subject property. Based on this Initial Study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its, location, land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project is fully within the scope of the MEIR and Air Quality MND because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR or Air Quality MND for the reasons set forth in the Initial Study; and (3) other than identified below, there are no new or additional mitigation measures or alternatives required. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 and the Air Quality MND shall be applied to the project as conditions of approval as set forth in the attached Mitigation Monitoring Checklist (See "Master Environmental Impact Report(MEIR) No. 10130/SCH No. 2001071097 For the 2025 General Plan, Mitigation Monitoring Checklist). Public notice has been provided regarding staffs finding in the manner prescribed by Section 15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Planning Manager, City o resno Date Attachments: Notice of Intent to Adopt A Finding of Conformity Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No.T-5205/C-08-292 Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 For the 2025 General Plan: Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No.T-5205/C-08-292 Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of MEIR Analysis with Regard to Air Quality and Climate Change) CAO031810 E201110000060 CITY OF FRESNO Filed with: NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT (Revised)Tentative Tract Map No. T-5205 FRESNO COUNTY CLERK Conditional Use Permit No. C-08-292 2221 Kern Street, Fresno, California 93721 APPLICANT: Gary McDonald � L 11326 North Glencastle Avenue Fresno, CA 93730 PROJECT LOCATION: MAR 18 2011 East side of the North North Knotting Hill Drive, north of East Copper Avenue yF B LERK 360 53' 0.039" N Latitude, 1191 44'26.4804"W Longitude DEPUTY (APN: 579-074-17) PROJECT DESCRIPTION: Gary Giannetta, on behalf of Gary McDonald Homes, has filed Conditional Use Permit Application No. C-08-292 and (Revised) Vesting Tentative Tract Map No. 5205 pertaining to approximately 13.07 acres of property located on the east side of the North Knotting Hill Drive, north of East Copper Avenue, Conditional Use Permit Application No. C-08-292 proposes a private street planned development. (Revised) Vesting Tentative Tract Map No. T-5205 proposes to subdivide the property into a 21 lot single-family residential subdivision. The applications are consistent with the planned land uses of medium density residential as designated by both the 2025 Fresno General Plan and the Woodward Park Community Plan. The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report No. 10130 (MSIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air Quality MND). Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. With the mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code Including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional information on the proposed project, including the MEIR, Air Quality MND, proposed environmental finding and the initial study may be obtained from the Development and Resource Management Department, Notice of Intent to File Finding of Conformity EA No. C-08-2921T-5205 March 18,2011 Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604. Please contact Israel Trejo at (559) 621-8044 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on April 19, 2011. Please direct comments to Israel Trejo, Planner, City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to jsreel.Trolo@fresno_gov; or comments can be sent by facsimile to (559)498-1026. INITIAL STUDY PREPARED BY: SUBMITTED BY: Israel Trejo, Planner qy�: Mike Sanchez, Planning Manager DATE: March 18, 2011 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT E201110000060