HomeMy WebLinkAboutT-5278 - Conditions of Approval - 3/17/2005 REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. V1ll'G
COMMISSION MEETING
July 21, 2004 APP OVED BY
FROM: STAFF, Planning DivisAen
Planning and DevelopDEPA MENT DIRESUBJECT: VESTING TENTATIVO. T-5278/UGM AND ENVIRONMENTAL FINDING FOR
ENVIRONMENTAL ASSESSMENT NO. A-03-11/R-03-57/C-04-25/T-5278
EXECUTIVE SUMMARY
Vesting Tentative Tract Map No. T-5278/UGM, filed by John Allen on behalf of Image Homes, pertains to
approximately 21 acres of property located on the easterly side of West Figarden Drive, between North Brawley
and North Santa Fe Avenues. The tract map application proposes to subdivide the project site, noted above, into
a 57-lot single family residential subdivision. The medium low density residential planned land use and the R-1/
BA-20/UGM (Single Family Residential/Boulevard Area-20 Feet/Urban Growth Management)zone district were
recently approved for the site by the City Council and is a part of an office, commercial and residential
development; the proposed tract map will develop the residential portion of the site with uses consistent with the
approved planned land use and zone district.
PROJECT INFORMATION
PROJECT Vesting Tentative Tract Map No. T-5278/UGM, pertaining to
approximately 21 acres of property located on the easterly side of West
Figarden Drive, between North Brawley and North Santa Fe Avenues,
proposes to subdivide the site into a 57-lot single family residential
subdivision
APPLICANT John Allen, on behalf of Image Homes
LOCATION Easterly side of West Figarden Drive between North Santa Fe and
North Brawley Avenues
(Council District 2, Councilmember Calhoun)
SITE SIZE 21 acres
LAND USE Existing -Vacant
Proposed - Single Family Residential Subdivision
ZONING R-1/BA-20/UGM, Single Family Residential/Boulevard Area-20 Feet/
Urban Growth Management
PLAN DESIGNATION The 2025 Fresno General Plan and Bullard Community Plan planned
AND CONSISTENCY land use of the site is medium low density residential and the R-1/BA-
20/UGM zone district is consistent with that land use.
ENVIRONMENTAL FINDING Finding of Mitigated Negative Declaration issued on February 24, 2004
PLAN COMMITTEE The Bullard Community Plan Advisory Committee, on June 28,
RECOMMENDATION 2004, recommended approval of the proposed project.
STAFF RECOMMENDATION Approve the tentative tract map application and affirm the City Council's
approval of the mitigated negative declaration
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REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5278/UGM
July 21, 2004
Page 2
BORDERING PROPERTY INFORMATION
.4„ Planned Land Use Existing Zoning Existing Use
North Office Commercial C-P/BA-20/UGM Single Family
Administrative and Professional Office/ Residences
Boulevard Area, 20 Feet/
Urban Growth Management
South Public Facilities - School AE-5/UGM Figarden
Exclusive Five Acre Agricultural/Urban Elementary School
Growth Management
Open Space-Neighborhood Park O/UGM Vacant
Open Space/Urban Growth Management
Open Space - Ponding Basin AE-5/UGM FMFCD Ponding
Exclusive Five Acre Agricultural/Urban Basin
Growth Management
East Medium Density Residential R-1/UGM Single Family
Single Family Residential/Urban Growth Residences
Management
West Medium High Density R-2/BA-15-20/UGM/cz Vacant
Residential Low Density Multi-Family (Approved 272-unit
Residential/Boulevard Area, 15-20 apartment complex)
Feet/Urban Growth
Management/conditions of zoning
ENVIRONMENTAL FINDING
An environmental assessment initial study was prepared for this project in accordance with the requirements of
the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests
for comment from other responsible or affected agencies and interested organizations.
Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant
environmental issues and considered previously prepared environmental and technical studies pertinent to the
Bullard Community Plan and the Master Environmental Impact Report(MEIR No. 10130)for the recently adopted
2025 Fresno General Plan. These environmental and technical studies have examined projected sewage
generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities,
and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply
production and distribution system capacities; traffic carrying capacity of the planned major street system; and,
student generation projections and school facility site location identification.
Based upon an analysis of the project, as summarized in the following environmental assessment initial study, it
has been determined that the project may contribute to the creation of certain moderate environmental effects or
the project may be adversely impacted by existing conditions as addressed below. However, these potential
impacts have been determined to be equivalent to or less than those adverse impacts identified by MEIR No.
10130. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been
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REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5278/UGM
July 21, 2004
Page 3
applied to the project, together with project specific mitigation measures necessary to assure that the project will
not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects
beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Therefore, it has been
determined that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of
CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2)
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has
determined that there is no evidence in the record that the project may have a significant effect on the environment
and recommends adoption of a mitigated negative declaration for this project. A public notice of the attached
mitigated negative declaration finding for Environmental Assessment Application No.A-03-11/R-03-57/C-04-025/T-
5278 was properly published and noticed on February 24, 2004, with no comments received within the 20-day
review and comment period.
BACKGROUND /ANALYSIS
Land Use Plans and Policies
The 2025 Fresno General Plan and the Bullard Community Plan designate the site for medium low density
residential planned land uses. Plan Amendment Application No. A-03-11 and Rezone Application No. R-03-57,
filed for the project site and surrounding area, were approved by the City Council on April 27, 2004. These
applications were filed for approximately 36 acres and approved a development project which had office,
commercial and residential components. As related to the 21 acre residential project site currently under review,
these applications provided for the change of planned land use from the medium high density residential and open
space-park planned land use designations to the medium low density residential planned land use designation
and zoned the property consistently to the R-1/BA-20/UGM (Single Family Residential/Boulevard Area-20
FeebUrban Growth Management) zone district. The tentative tract map application is proposed in accordance
with the planned land use and zone district and proposes to subdivide the 21 acre site into a 57-lot single family
residential subdivision.
The 2025 Fresno General Plan sets forth criteria to maximize the efficient use of land and resources through
enhanced development. The office, commercial and residential project that this tract map application is a part of
will provide people with a place to live, work and shop in a centralized location. In the Urban Form Element of the
General Plan, Objective C-12 advocates that commercial land uses should be located to meet the needs for goods
and services while minimizing travel requirements, infrastructure demands, and adverse impacts. General Plan
Policy No. C-12-a encourages commercial land uses be developed and maintained in a manner complementary
to and compatible with adjacent residential land uses and compatible with public facilities and services. The
subject development is proposed to be located within an activity center area, as shown in Exhibit 6 of the 2025
Fresno General Plan. Activity Centers,according to Policy C-4-b of the General Plan,should"include commercial
areas,employment centers,schools, higher density residential development,churches, parks and other gathering
points where residents may interact, work and obtain goods and services in the same place." The Bullard
Community Plan also designates the Figarden Loop area to be the "community center" of the plan area (Goal
5.5.1). The Figarden Loop has a variety of commercial uses as well as schools, parks, offices, and single family
and multi-family residential uses. Its location will encourage the use of public transportation,which has two Fresno
Area Express bus routes within a half-mile of the project site.
The subject site is along a major street, Figarden Drive, which is designed to accommodate large volumes of
vehicular traffic. The proposed use is compatible with the applicable community plan goals, policies, and
implementation measures intended to provide for the efficient use of natural resources and public facilities; the
construction of adequate public improvements by the development which generates the demand for these
facilities; and, the implementation of a functional land use pattern consistent with the population and economic
growth projections of the Fresno General Plan.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5278/UGM
July 21, 2004
Page 4
Fresno County Airport Land Use Commission
The subject property is located within the Horizontal Surface Area of the Sierra Sky Park airport and the primary
review area. As a result, the project is required to be reviewed by the Fresno County Airport Land Use
Commission (ALUC). The project was reviewed and approved by the ALUC on April 12, 2004.
Bullard Community Plan Advisory Committee
The Bullard Community Plan Advisory Committee reviewed the tentative tract map application at their meeting on
June 28, 2004 and recommended approval
Public Water Supply
In accordance with the 2025 Fresno General Plan policies as related to the provision of water service, the Public
Utilities Department has determined that there is an adequate source of potable water available to serve the
project.
Sewage Collection System Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater
Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment
growth up to a projected population holding capacity of 590,000 people. These improvements have been
completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day
(MGD)which is sufficient to accommodate continued planned urban development including the proposed project.
The City of Fresno sanitary sewer system is available to serve the project.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The proposed neighborhood park, single family residential and office commercial development can be expected
to generate approximately 2,703 vehicle trips per day (VTD). In comparison, the existing plan designations of
neighborhood park, office commercial and medium high density residential land uses would generate
approximately 3,898 VTD. The change of planned land use from medium high density residential land use to
medium low density residential is the main cause for the reduction in the number of vehicle trips per day. These
trips would be directed mainly onto Figarden Drive, which is designated as an arterial according to the 2025
General Plan and the Bullard Community Plan and is currently operating at a moderately congested level of
service(LOS)D for PM peak hours. Figarden Drive was designed as a four-lane divided arterial street,with traffic
control signalization at intersections with major streets and other major access points. The right-of-way width is
116 feet to accommodate the four vehicular travel lanes plus two bike lanes. The designed daily capacity of a
four-lane arterial is about 32,000 trips per day. There are also two access points to Brawley Avenue, which is
designated as a two-way local street with street-side parking south of Figarden and as an arterial with 4 lanes
north of Figarden.
A traffic impact study was prepared for this project by VRPA Technologies, which recommended mitigation
measures that the project be required to pay its fair share for its impacts on major street intersections. The study
analyzed the intersections of Herndon/Golden State, Herndon/Brawley, Figarden/Brawley, Figarden/Santa Fe,
Figarden/Bullard and Figarden/Marks. It was determined .that all intersections would require some level of
improvement in the future. The percentage of trips to the intersections varies but the total amount for the project's
fair share of the necessary improvements has been determined to be$92,392. The tentative tract map application
will pay its fair share for these improvements as a component of the larger office, commercial and residential
development project.
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REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5278/UGM
July 21, 2004
Page 5
State Department of Transportation (Caltrans)
The California Department of Transportation(Caltrans),District 6,Office of Intergovernmental Relations submitted
a letter in regards to the original plan amendment and rezone applications which asserted that new development
within the Bullard Community Plan area contributes a substantial number of additional vehicle trips during the
evening peak hour traffic period(4:00 pm to 6:00 pm) which will impact State Route (SR) 99 interchanges at
Herndon Avenue and at Shaw Avenue. In a letter dated December 18, 2003, Caltrans requested that mitigation
fees in the amount of $4,700 be paid for the project, including the office, commercial and residential portions.
Then in a second letter dated February 16, 2004, Caltrans requested that the project, including the office,
commercial and residential portions, be required to pay a traffic impact fee of$67,200 for 24 projected peak hour
vehicle trips as its proportionate share of mitigation costs for improvements to Freeway 99. There are no
comments specifically regarding the tentative tract map application.
Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system,
major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by
Caltrans must comply with applicable legal parameters. The city staff has not recommended that a state facility
traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately
documented a project description and its cost, a reliable estimate of funding sources, a justifiable nexus or
connection between the project and the need for the state facility improvements, and the reasonable
proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a
traffic impact fee for the improvement of State facilities. The city's conclusion has been based upon Caltrans's
submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and
probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements
(California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this
documentation it is not legally permissible for the City to impose the requested traffic impact fee.
An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been
presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning
and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model,
Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of
compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600)which apply to the City
of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with
this model, it will be applied to any final tract map or other applicable development entitlement for this project.
It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on
State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the
direct relationship between the project and the potential impact) and the proportionality (fair share contribution
towards mitigating the impact) required by State law. The City of Fresno again transmitted a written explanation
of the above concerns, dated March 31, 2003, to Caltrans District 6 Office of Transportation Planning which
identified potential mechanisms to establish impact fees,such as a memorandum of understanding or joint powers
agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to
be indemnified with respect to legal challenges protesting the imposition of a state facility fee exaction could not
be granted. Subsequent correspondence received from Caltrans staff has not clarified the District's position with
respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that
it is the sole responsibility of the City of Fresno as the lead agency to apply exactions through the California
Environmental Quality Act(CEQA) process.
Although Caltrans representatives have not endorsed a state transportation facilities impact agreement, a
partnership in planning grant was obtained by the Council of Fresno County Governments through which the City
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5278/UGM
July 21, 2004
Page 6
of Fresno and Caltrans are participating, along with other local jurisdictions, to complete a freeway deficiency
study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-
Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the
projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area;
and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow
proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County
of Fresno upon adoption by the respective jurisdictions.
Streets and Access Points
Vesting Tentative Tract Map No. T-5278/UGM proposes to have two access points, one to West Figarden Drive
and one to North Brawley Avenue. The Public Works Department,Transportation Planning Section has reviewed
the tentative tract map applications and the traffic study prepared for the project. Public Works staff has
determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind
of traffic generated, subject to the dedication and improvement of adjacent portions of Brawley and Figarden to
their ultimate planned width.
Landscaping/Walls
Given that the proposed subdivision abuts a planned arterial streets and is near the Burlington Northern Santa
Fe railroad tracks, the developer will be required to install a 7-10 foot wall along the entire project site in
accordance with the acoustical analysis prepared for the project by VRPA Technologies, Inc. dated May 2004.
The project will also install 10 feet of landscaping along North Brawley Avenue and 20 feet of landscaping along
West Figarden Drive.
Tentative Tract Map Findings
The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed
subdivision not be approved unless the map,together with its design and improvements, is found to be consistent
with the General Plan and any applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2-5 below
is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive
and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below).
1. The proposed subdivision map,together with its design and improvements, is consistentwith the City's 2025
General Plan(there is not an applicable specific plan), because the Bullard Community Plan designates the
site for medium low density residential land uses and subject to Section 12-403-B of the Fresno Municipal
Code, the project design meets the density and zoning ordinance criteria for development in this plan
designation.
2. This site is physically suitable for the proposed type and density of development, because conditions of
approval will insure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable
damage to the natural environment, including fish,wildlife or their habitat, because of the urbanized nature
of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health and safety
problems, because the conditions of approval have shown and will insure.that the subdivision conforms with
City health and safety standards.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5278/UGM
July 21, 2004
Page 7
5. The proposed subdivision design will not conflict with public easements within or through the site, because
conditions of approval will assure noninterference with any existing or proposed public easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or
cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant
materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and property
development standards of the Zoning Ordinance and local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of project
approval, staff has determined that these findings can be made.
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5278/UGM dated May
25, 2004 and the Conditions of Approval for T-5278/UGM dated July 21, 2004.
Planning Commission action on the proposed tentative tract map application, 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 Bullard 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 Vesting Tentative Tract Map No. T-5278/UGM is
appropriate for the project site.
Staff recommends the Planning Commission take the following action:
1. AFFIRM the City Council's approval on April 27, 2004, of the finding of a Mitigated Negative Declaration for
Environmental Assessment No. A-03-11/R-03-57/C-04-025/T-5278 dated February 24, 2004.
2. APPROVE Vesting Tentative Tract Map No. 5278/UGM subject to compliance with the Conditions of
Approval dated July 21, 2004.
KAMaster Files-Tract Maps\Tract 5278-Figarden Loop-SAC\T-5278-RPC.wpd
Attachments: Exhibit A (Vicinity Map)
Vesting Tentative Tract Map No. .5278/UGM dated May 25, 2004
Conditions of Approval for T-5278/UGM dated July 21, 2004, including letters from Parks Division
(06/10/04) and Fresno Metropolitan Flood Control District (06/22/04)
Caltrans' letters dated December 18, 2003, and February 16, 2004
Environmental Assessment No. A-03-11/R-03-57/C-04-025/T-5278 dated February 24, 2004
EXHIBIT A
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
July 21, 2004
VESTING TENTATIVE TRACT MAP NO. 5278/UGM
Easterly side of West Figarden Drive,
between North Santa Fe and North Brawley Avenues
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno
Municipal Code,City policies,and City of Fresno Standard Specifications. The following specific conditions
are applicable to this tentative map. The Urban Growth Management (UGM) Service Delivery Plan
requirements are included in the following conditions of approval and are designated by the caption"Urban
Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code§66020(d)(1),the imposition
of fees, dedications, reservations or exactions for this project are subject to protest
by the project applicant at the time of.approval or conditional approval of the
development or within 90 days after the date of the imposition of the fees,
dedications, reservations or exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No.5278/UGM entitled"Exhibit A,"dated
May 25, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative
map.
2. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval(Reference:Sections 12-1022 and 12-1023
of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and
indicate the proposed width of required landscape easements or strips. Approval of the grading
plan is required prior to Final Map approval.
3. At the time of Final Map submittal,the subdivider shall submit engineered construction plans to the
City of Fresno Public Works, Public Utilities, and Planning and Development Departments for
grading, public sanitary sewer system, public water system, street lighting system, public streets,
and storm drainage, including other technical reports and engineered plans as necessary to
construct the required public improvements and work and applicable processing fees.
Engineered construction plans shall be approved by the City prior to the approval of the Final Map.
If, at the time of Final Map approval, such plans have not been approved, the subdivider shall
provide performance security in an amount established by the City to guarantee the completion of
plans.
4. Public utilities easements,as necessary,shall be shown on the Final Map and dedicated to the City
of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition
of development, shall be acquired at the subdivider's cost and shall be dedicated by separate
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 2
July 21, 2004
instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the
required public improvements shall be paid for by the subdivider. The subdivider is responsible to
contact the appropriate utility company for information.
5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,
Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with
Respect to Subdivisions'; and City of Fresno Standard Specifications, 2002 Edition, and any
amendments thereto.
6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street
improvements and other grading and construction; street trees, street signs, water service,
sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City
Resolution Nos.79-606 and No.80-420)and any amendments, modifications,or additions thereto;
and in accordance with the requirements of State law as related to vesting tentative maps.
7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the
off-site street improvements in accordance with all applicable provisions of the Fresno Municipal
Code and the State Subdivision Map Act. The subdivider shall complete all the public
improvements prior to the approval of the Final Map by the City. If, at the time of Final Map
approval,any public improvements have not been completed and accepted in accordance with the
standards of the City,the subdivider may elect to enter into an agreement with the City to thereafter
guarantee the completion of the improvements.
8. As a condition of Final Map approval, the subdivider shall ;furnish to the City a subdivision
guarantee listing all parties having any right, title or interest and the nature of their interest per
State law.
9. Relinquish access rights to North Brawley Avenue and West Figarden Drive from all residential lots
which abut these streets. Ref. Section 12-10114-3 of the Fresno Municipal Code.
LANDSCAPING AND WALLS
10. Provide a 20-foot landscape easement and irrigation system along the side or rear property lines
of lots which side-onto or back-onto West Figarden Drive. Provide a 10-foot landscaped easement
and irrigation system along the side or rear property lines of lots which side-onto or back-onto North
Brawley Avenue.
11. Construct a 7-foot high solid masonry wall along the rear or side property lines of all lots, except
for Lots 30-35 (solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code).
Construct a 10-foot high solid masonry wall (or approved combination of solid wall and earth berm
for Lots 30-35, which back or side onto the existing Fresno Metropolitan Flood Control District
ponding basin. These walls are required pursuant to the acoustical analysis prepared by VRPA
Technologies, Inc. dated May 2004. Construction plans for required walls showing architectural
appearance and location of all walls shall be submitted to the Planning and Development
Department for review prior to Final Map approval.
When the grading plan establishes a top of slope beyond the required landscape easement noted
and the construction of the required wall is to be established coincident with the top of slope then
the required minimum easement width shall be expanded to include the full landscaped area up
to the wall location.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 3
July 21, 2004
12. Maintenance of the required landscape easements along North Brawley Avenue and West
Figarden Drive may be the responsibility of the City's Community Facilities District No. 2. Contact
the Public Works Department, Engineering Services Division staff for information regarding the
City's District.
13. If the developer/subdivider elects to petition for annexation into the City's Community Facilities
District No. 2, he/she shall be required to provide the City of Fresno, Department of Public Works,
with copies of signed acknowledgements from each purchaser of a lot within the subdivision,
attesting to the purchasers understanding that the lot will have an annual landscaping maintenance
assessment and that he/she is aware of the estimated amount of the assessment.
14. Should the City Council not approve the annexation of such landscape areas into Community
Facilities District No.2,then the property owner/developer shall create a homeowner's association
for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions,
and Restrictions(CC&R's)and the proposed instruments for the homeowner's association shall be
submitted to the Planning and Development Department for review two(2)weeks prior to final map
approval. Said documents shall be recorded with the final map or alternatively submit recorded
documents or documents for recording prior to final acceptance of subdivision improvements. Said
documents shall include assignment of responsibility to the owner's association for landscaping and
other provisions as stated in the Development Department Guidelines for preparation of CC&R's
dated January 11, 1985.
15. Improvement plans for all required landscaping and irrigation systems shall be submitted to the
Planning and Development Department for review prior to Final Map approval.
BUILDING SETBACKS
16. Building setbacks shall be in accordance with the R-1/UGM zone district(FMC Section 12-211.5-E)
and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit "A" of
Tentative Tract No. 5278/UGM dated May 25, 2004.
17. Building setback lines shall be as shown on Exhibit "A" dated May 25, 2004. A 10-foot building
setback is required on the easterly side of Key Lot 43 and on the westerly side of Key Lot 23 to
help minimize the impact to neighboring lots in accordance with Fresno Municipal Code Section
12-1011.
INFORMATION
18. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid
to the Fresno Unified School District in accordance with the school district's adopted schedule of
fees.
19. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to
be installed in this subdivision.
20. Pursuant to Section 66456.1 of the Subdivision Map Act, which states"The right of the subdivider
to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable
conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the
subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal
Code Chapter 12, Article 10, Subdivision of Real Property.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 4
July 21, 2004
21. 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.
22. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately contacted
(business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the
Fresno County Sheriff's Department). if remains or other archaeological material is possibly Native
American in origin,the Native American Heritage Commission(phone number 916-653-4082)shall
be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin
Valley Information Center(phone number 805-644-2289)shall be contacted to obtain a referral list
of recognized archaeologists. An archaeological assessment shall be conducted for the project,
the site shall be formally recorded, and recommendations made to the City as to any further site
investigation or site avoidance/preservation measures.
If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted
to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist; if the paleontologist determines the material to be significant, a recommendation
shall be made to the City as to any further site investigation or preservation measures.
23. Apportionment of Special Assessment: If,as part of this subdivision,a division will be made of any
lot or parcel of land upon which there is an unpaid special assessment levied under any State or
local law, including a division into condominium interest as defined in Section 783 of the Civil Code,
the developer/owner shall file a written application with the City of Fresno Director of Public Works,
requesting apportionment of the unpaid portion of the assessment or pay off such assessment in
full.
If the subdivider elects to apportion the assessment, the application shall contain the following
information:
a. A full description of each assessed lot, parcel or interest to be divided and of how such lot,
parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the assessment in
accordance with applicable law; and
C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
The application shall be filed prior to the approval of the Final Map(s) by the City and shall be
accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot,
parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee
shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible
for determining the initial assessment in making the requested apportionment.
bONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 5
July 21, 2004
24. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution
Control District for the control of particulate matter and fugitive dust during construction of this
project.
25. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of
collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager.
PARK SERVICE
26. The developer/owner shall comply with the requirements in the attached memorandum from the
Parks Division dated June 10, 2004, for Tentative Tract No. 5278/UGM.
Urban Growth Management Requirements
27. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final
map approval. Fee payment may be deferred until time of building permit issuance in accordance
with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
FIRE SERVICE
28. The proposed tract is located within 3 miles of City of Fresno Fire Station No. 14.
29. Access is acceptable as shown. There shall be at least two points of access to the subdivision
during construction.
Urban Growth Management Requirements
30. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final
map approval. Fee payment may be deferred until time of building permit issuance in accordance
with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
STREETS AND RIGHTS-OF-WAY
31. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-
site street improvements in accordance with all applicable provisions of the Fresno Municipal Code
and the State Subdivision Map Act.
32. The subdivider shall make provisions for disabled persons in accordance with the Department of
Public Works standards and as required by State law. Handicap access ramps are required to be
constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located
within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed
path shall be maintained to satisfy the American Disabilities Act requirements. If necessary,
dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path
requirement.
33. All of the required street improvements shall be constructed and/or installed in accordance with the
City of Fresno Standard Specifications (2002 Edition).
34. The subdivider shall install all existing and proposed utility systems underground in accordance with
Fresno Municipal Code Section 12-1011(H).
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 6
July 21, 2004
35. The subdivider shall construct an underground street lighting system per Public Works Standards
E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works
Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in
accordance with Resolutions Nos. 68-187, 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.
36. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with
City standards within seven (7) days from the time the streets are surfaced or as directed by the
Engineer.
37. 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.
38. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut
dedications on all interior streets.
39. All required signing and striping shall be done and paid for by the developer/owner. The signing
and striping plans shall be done per the current Caltrans standards and shall be submitted along
with the street construction plans for this tentative map to the Public Works Department.
Frontage Improvement.Requirements:
Major Streets:
West Figarden Drive: Arterial
40. Construct concrete sidewalk to Public Works Standard P-5. The sidewalk pattern shall be
constructed to a 10-foot residential pattern.
41. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial
Streets.
42. Relinquish direct vehicular access rights to Figarden Drive from all proposed lots within this
subdivision.
Local Streets:
North Brawlev Avenue: Local (Arterial north of Figarden)
43. Dedicate 30'-42' of property, from the southerly limits of lot 17 to 64 feet south of lot 16 for public
street purposes within the limits of this subdivision to meet the City of Fresno's standards.
44. Construct concrete curb, gutter and sidewalk, within the limits of this subdivision to Public Works
Standard P-5. Construct sidewalk to a ten (10)foot residential pattern.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 7
July 21, 2004
45. Construct permanent paving from the face of curb to the centerline, within the limits of this
subdivision.
46. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector
Streets.
Interior Streets:
47. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and
underground street lighting systems on all interior local streets to Public Works Standards.
Sidewalk patterns shall comply with Public Works Standards for sixty(60)foot streets.
Specific Mitigation Requirements:
48. A traffic impact study was prepared for this project and approved by the City of Fresno. Comply
with the mitigation measures of the traffic study.
49. The intersection of:
a. Figarden and Ellery shall be limited to right-in and right-out turns.
b. Ellery/Sonora and Ellery/Hanover shall have traffic calming measures such as curb bulb-
outs or mini traffic circles. Submit redesign plans to the Transportation Planning Section
of Public Works for approval.
50. The first order of work shall include a minimum of two points of vehicular access for any phase of
this development.
51. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno
Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement
or commitment letter from FID to the Planning and Development Department. All piping shall be
located outside of the proposed street right of way. Any piping across city streets shall be rubber
gasketed reinforced concrete pipe (RGRCP) constructed perpendicularto the street. Submit
engineered plans to Pubic Works Department, Engineering Division for review and approval.
UGM Requirements:
52. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees.
SANITARY SEWER SERVICE
The nearest existing sewer mains are a 10-inch sewer main located in West Figarden Drive and a 15-inch
sewer main in North Brawley Avenue. The following conditions are required to provide sanitary sewer
service to the tract.
53. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each
lot created.
54. Separate sewer house branch shall be provided to each lot created within the subdivision.
55. All public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications and policies.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 8
July 21, 2004
56. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed
additions to the sanitary sewer system.
Urban Growth Management Requirements
57. Sewer connection charges are due and shall be paid for the project.
WATER SERVICE
There is an existing 14-inch water main located in West Figarden Drive and a 14-inch main located in
North Brawley Avenue to serve the proposed tract. The following conditions are required to provide water
service to the tract. Water mains shall be installed before street improvements and paving.
58. Water mains (including installation of City fire hydrants to city standards)shall be extended within
the proposed tract to provide water service to each lot created.
59. Separate water services with meter boxes shall be provided to each lot created.
60. Installation(s) of public fire hydrant(s) are required in accordance with City Standards.
61. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are
required to serve the tract including any subsequent phases thereof. The two-source requirement
may be accomplished through any combination of water main extensions, construction of supply
wells, or other acceptable sources of water supply approved by the Water Systems Manager.
62. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
63. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed
additions to the City Water System.
64. Existing agricultural wells within the boundaries of the proposed development shall be sealed and
abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions,
issued by California Department of Water Resources, and City of Fresno standards.
Urban Growth Management Requirements
65. Payment of appropriate water connection charges at the time of final map approval subject to
deferral to building permit issuance as appropriate.
Public Utilities Department, Solid Waste Division
66. The owners, lessees or other tenants of the residential dwellings must,on service days before 6:00
a.m., place their solid waste containers at the edge of the curb approximately four(4) feet apart
and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste
Management Division Standards. No solid waste container nor residential rubbish shall be allowed
to remain at the curbline after 8:00 p.m. on the collection day.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 9
July 21, 2004
Fresno Irrigation District
67. Fresno Irrigation District (FID) H-Ditch No. 128 pipeline traverses the property in an exclusive
easement recorded on May 23, 1996 as Document No. 96066248, Official Records of Fresno
County. H-Ditch canal also traverses a portion of the proposed development.
68. The applicant is required to submit a grading and drainage plan for FID approval which shows that
the proposed development will not endanger the structural integrity of the pipeline, or result in
drainage patterns that will adversely affect FID or the applicant.
69. FID requests that the applicant grant an exclusive pipeline easement to FID and pipe the H-Ditch
No. 128 canal across the proposed development in accordance with FID standards and that the
applicant enter into an agreement with FID for that purpose. The applicant will need to meet with
FID to determine the pipeline alignment and required pipeline diameter.
70. The Fresno Irrigation District requests that its easement be shown on the map with proper
recording information, and that FID be made a party to signing all plans which affect its easement
and canal/pipeline facility and also be made party to signing the final map.
Right-of-Way Acquisition
71. The developer will be responsible for the acquisition of any necessary right-of-way to construct any
of the required improvements.
Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing,
pole relocation, and shoulder grading. In general, this will require right-of-way to be provided
approximately 10 feet outside the travel lane. The exact requirement must be determined at the
project design stage based on the existing conditions and detailed design information.
In the event an acquisition of any easement or right-of-way is necessitated by the subject
development, said acquisition will be accomplished prior to Final Map approval. The
developer/owner should contact the Real Estate Section of the Public Works Department to receive
procedural guidance in such acquisitions.
Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the
subdivider must request and grant to the City the full authority to attempt acquisition either through
negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public
Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for
an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior
to preparation of a Subdivision Agreement.
The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment
of all costs associated with the acquisition,including staff time,attorney's fees,appraisal fees,court
costs,and all related expenditures and costs necessary to effect the acquisition of such easements
or rights-of-way.
FLOOD CONTROL AND DRAINAGE
72. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno
Municipal Code Chapter 13, Article 13.
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 10
July 21, 2004
73. The subdivider shall be required to comply with the specific requirements imposed by the Fresno
Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or
modifications to those requirements which may be granted by the FMFCD Board of Directors,
pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in
the District's letter to the Planning and Development Department dated June 22, 2004.
74. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall
be fenced in accordance with City standards within seven (7) days from the time the basin
becomes operational or as directed by the City Engineer. Temporary ponding basins will be
created through a covenant between the City and the Developer prior to final map approval.
Maintenance of the temporary ponding basin shall be by the Developer until permanent service for
the entire subdivision is provided.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
75. The developer of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to vesting tentative
tract maps.
76. The developer will be responsible for the relocation or reconstruction of any existing improvements
or facilities necessary to construct any of the required UGM improvements.
DEVELOPMENT FEES AND CHARGES
77. This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE / RATE
a. Street Tree Landscape Plan Review fee $56.00
b. Street Tree Installation fee $129.00/tree
City installed tree
c. Street Tree Inspection fee $30.00/tree
Developer installed tree
d. Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
f. Reinspection Fee $29/1-lour
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE
g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees.
Rates increased as of March 1, 2003
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 11
July 21, 2004
SEWER CONNECTION CHARGES FEE RATE
h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
i. Oversize Charge $0.05/sq. ft. (to 100' depth)
j. Trunk Sewer Charge $419/living unit
Service Area: Cornelia
k. Wastewater Facilities Charge $2,119/living unit
I. Copper Avenue Sewer Lift Station Charge n/a
m. Fowler Trunk Sewer Interim Fee Surety n/a
n. House Branch Sewer Charge n/a
o. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
p. Service Connection Charge Fee based on service(s) and meter(s)
sizes specified by owner; fee for
service(s) and Meter(s) established by
the Master Fee Schedule.
q. Frontage Charge $6.50/lineal foot
r. Transmission Grid Main Charge $560/gross acre
s. Transmission Grid Main Bond Debt
Service Charge $243/gross acre
t. UGM Water Supply Fee $354/living unit
Service Area: 201-S
u. Well Head Treatment Fee $0/living unit
Service Area: 201
v. Recharge Fee $0/living unit
Service Area: 201
w. 1994 Bond Debt Service $0/living unit
Service Area: 201
DEVELOPMENT IMPACT FEE
x. Northeast Fresno Policing Area n/a
CONDITIONS OF APPROVAL
Vesting Tentative Tract No. 5278/UGM
Page 12
July 21, 2004
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
y. UGM Fire Station Capital Fee $547/gross acre
Service Area: 14
z. UGM Park Fee $1132/gross acre
Service Area: 6
aa. Major Street Charge $1930/adj. acre
Service Area: CID-2
bb. Major Street Bridge Charge $65/adj. acre
Service Area: C/D-2
cc. Traffic Signal Charge $860/adj. acre
dd. UGM Grade Separation Fee n/a
24. Trunk Sewer Charge n/a
Service Area:
25.. *Street Acquisition/Construction Charge n/a
KAMaster Files-Tract Maps\Tract 5278-Figarden Loop-SACT-5278-C0A.wpd
PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
TO: Shelby Chamberlain, Planner III
Planning Division
FROM: HILARY KIMBER, Parks Supervisor II(621-2924)
DATE: June 10, 2004
Subject: Tentative Subdivision Map T-5278 (Located on the south side of Figarden Drive between
North Santa Fe and North Brawley Avenues)
The Parks Department has reviewed the Vesting Tentative Subdivision Map Tract No. 5278 drawn by Rabe
Engineering, Inc. for Image Homes dated 4/1/04. Parks offers the following comments regarding the street
tree, and buffer/parkway strip conditions . . .
STREET TREE REQUIREMENTS
A. Street trees are required on all 54'or wider internal streets. Tree planting shall be within a 10' Planting
and Public Utility Easement. The Developer shall plant street trees. Tree species to be planted on
those streets are as follows:
W. Ellery Way Pistacia chinensis(Chinese Pistache)
W. Sample Ave. Sapium sebiferum (Chinese Tallow)
N. Hanover Ave. Celtis australis(European Hackberry)
N. Sonora Lane Platanus acerifolia `Columbia' (Columbia Sycamore)
B.. Street Tree Planting by Developer: For those lots having internal street tree frontage available for
street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree per lot
having street frontage, whichever is greater.
a. Street tree inspection fees shall be collected for each 60'of public or one tree per lot whichever
is greater.
b. Trees shall be planted in accordance with"Specifications for Developer Street Tree Planting."
The developer shall contact Parks to determine tree species required on each street.
c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall
be reviewed and approved by the Parks, Recreation and Community Services Department. A
street tree planting permit shall be required for all residential street tree planting.
d. Performance and payment securities, paid with final map, will be released when all landscaping
installed on public and/or city controlled property is in conformance with Parks Division's planting
specifications and meets the specifications of the city.
e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the
city for guaranty and warranty of the work for a period of ninety days following acceptance.
p�,y Ranroalinn R('nm m
Parks,Recreation 8 Community Services June 10 2004
T-5321 Page 2
DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT
C. The developer may landscape for inclusion into the Community Facilities District(CFD2), the landscape
strip and right-of-way on the west side of N.Brawley Avenue and West Figarden Drive.
1. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to
Council approval. Landscaping plans shall be reviewed and approved by the Parks, Recreation and
Community Services Department. Landscaping shall comply with Landscape Buffer Development
Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply
with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient
Landscaping and Buffer landscaping passed by Council on September 20, 1994.
2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer
and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more
uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of
the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed
outside the landscape easement. Maximum slopes shall not exceed 4:1 with l'of level ground between the
slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on
all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover
species approved by the Parks Division.
4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows.
5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the
city-controlled easement or on the fence or wall facing the street.
6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
7. Street trees designated for this project shall be:
W. Figarden Dr. Pistacia chinensis(Chinese Pistache)
N. Brawley Ave. Pistacia chinensis(Chinese Pistache)
UGM REQUIREMENTS
F. The project is in UGM Zone#6. Please assure that all Parks UGM fees are collected as allowed by FMC.
The nearest regional park to the site is Roeding Park. The nearest neighborhood park is located at 3420 W. Fir near
N. Marks and W. Herndon Avenues. An additional neighborhood park is proposed at Figarden Dr. and the Santa
Fe Railroad. This project is consistent with the Parks Master Plan.
FEES
G. As a reminder,please verify that the following administrative/plan check fees are collected:
1. Collect the CFD Plan Review fee of$176.00(FY2002 rates)(Acct#34599 Fund#10101 Org#17050)
Parks,Recreation and Community Services Department June 10, 2004
T-5321 Page 3
2. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct. (Acct#34599 Fund#10101 Org
#17050)
3. Collect the UGM fee for neighborhood parks.
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER .
Mr. Gil Haro, Planning Manager IMAGE HOMES, INC.
Planning & Development Department 997 E. WIMBLEDON DR.
City of Fresno FRESNO, CA 93720
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5278 PRELIMINARY FEE(S) (See below) M4
DRAINAGE AREA(S) " AC " " - " DRAINAGE AREA " AC " $53,109.00
DATE (p�2Z�0 DRAINAGE AREA " - it -
TOTAL FEE $53,109.00
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. y
Considerations which may affect the fee obligation(s) or the timing or form of fee payment: C*
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.
5278 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1-4--2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
X b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a _500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy.
X Does not appear to be located within a flood prone area.
sn_s 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing five or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a
M4
.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Z
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees O
in permit compliance, and complete an annual certification of compliance. ■
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by co
Standard Industrial Classification(SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing;trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. 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.
5278 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.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendationsanquirements.
era d E. Lakeman, Project Engineer: Ric"y s
District Engineer, Assistant General Manager
C: RABE ENGINEERING, INC.
2021 N. GATEWAY BLVD.
FRESNO, CA 93727
527S 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
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Fqc� 36i BASIN "AC"
LEGEND
® EXISTING STORM DRAINAGE EASEMENT LOCATION
MASTER PLAN FACILITIES TO BE CONSTRUCTED BY
DEVELOPER - INLET & LATERAL
--—D EXISTING MASTER PLAN FACILITIES
®-•-- FUTURE MASTER PLAN FACILITIES
DIRECTION OF DRAINAGE SCALE 1"=300'
------ INLET BOUNDARY . N
DRAINAGE AREA BOUNDARY
MOWSTRIP TO BE CONSTRUCTED BY DEVELOPER
TRACT 5278
DRAINAGE AREA: "AC"
m W EXHIBIT N0. 1
b'
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NCrr 0694f
J:\ENGINEERING\AUTDCAD\DWGS\DEXHIBIT\TRACTS\5278.DWG Rn.
OTHER REQUIREMENTS
EXHIBIT NO. 2
The drainage system cost and fee schedule update is currently underway. The drainage system cost
and fee obligation indicated in this notice is the obligation which is valid at the date of this notice.
Contact the District for a final drainage fee obligation prior to issuance of a building or permit
recording of the final map.
There is an existing twenty-five-foot (25') wide storm drain easement as shown on the attached
sketch. No encroachments into the easement shall be permitted including, but not limited to,
foundations, roof overhangs, swimming pools, and trees.
The proposed tract has a pipeline passing through the side and backyards of nine lots within the
proposed subdivision. The pipeline in backyards is not desirable as it makes possible future
maintenance difficult. The District requests the developer to contact the District on the possibility of
dedicating the 25' wide easement areas on Lots 27 thru 30 to the Fresno Unified School District
along with a diagonal piece of property on Lot 26 from the southwest corner of the 25' easement on
Lot 26 to the northwest corner of the school site. This proposal would eliminate the easement
passing through the back yards of more than half the backyard easements within the development.
No surface run-off shall be directed towards the District basin.
The District recommends a single fence between the site and the District's basin. The Developer
should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than
the existing chain link fence is proposed, District review and approval of the proposed fence is
required.
The District requests that the grading Engineer contact the District as early as possible to review the
proposed site grading for verification and acceptance of grades at our mutual property line prior to
preparing a grading plan.
Development No. Tract 5278
en!-r\permit\exhibit?\tracts\U278(rl)
STATE OF CALLFORNIA—BUSINESS,TRANSPORTA' AND HOUSING AGENCY ARNOLD SCHW ARZENEGGER Guvemor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE U_,U
P. O. BOX 12616
FRESNO,CA 93773-2616
PHONE (559)445-6666
FAX (559)433-4088 Ftezyourpower!
'TTDEC Z 2 2003 Beenergye�cient!
Y (559)433-4066
Planning Division
Development Department
December 18, 2003 CITY OF FRESNO
213 1-IGR/CEQA
6-FRE-99-27.9+/-
A-03-11, R-03-57 & T-5278
Ms. Shelby Chamberlain
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Ms. Chamberlain:
Caltrans has reviewed the plan amendment, rezone and tract map for the proposed
project located on the southwest corner of North Figarden Drive and North Brawley
Avenue. Caltrans has the following comments: `
The project will add additional trips to two interchanges that are already experiencing
congestion. The City of_Fresno-has approved numerous,. large projects in this region of
Fresno, and the impacts to the transportation/circulation system of unmitigated
development have become cumulatively significant. The project needs to provide
appropriate project-specific as well as cumulative analysis and mitigation of its impacts
to the transportation/circulation system as per CEQA, otherwise significant unmitigated
project-related impacts will remain. The environmental assessment included with this
project application failed to provide an analysis of this project's impacts to the
transportation/circulation system or any proposed mitigation for those impacts.
Partial analysis, like that included with this application, does not provide sufficient
information of the environmental impacts of implementing the project. It is the City's
responsibility, as lead agency, to disclose all project-related environmental impacts.
Without full disclosure, the decision-making body and the general public cannot make
an informed determination as to a project's impacts. Full disclosure includes impacts to
State Highways, not just impacts to local roads.
Due to the traffic:.generated by the extensive development approved by the City of
Fresno in this region of the City, Caltrans designs of the State Route (SR) 99/Herndon
Avenue and the SR 99/Shaw Avenue interchanges will require 'improvements. These
consists of:
"Caltrans improves mobility across California-
Ms. Shelby Chamberlain
December 18, 2003
Page 2
1. Traffic Signal at the SR 99 southbound off--ramp to Herndon;
2. Traffic Signal at the SR 99 northbound off-ramp to Herndon;
3. Interchange improvements for the SR 99/Shaw Avenue interchange.
In the absence of the City of Fresno including State facilities in the City's Urban Growth
Management (UGM) Fee Program, it has been the consistent practice of this office to
recommend that the applicant contribute the project's proportionate fair share for
improvements to the interchange. While we are under the understanding that it is the
City's responsibility under CEQA to conduct any necessary nexus study via the
.environmental process, we acknowledge that this has not been the City's practice.
Caltrans has therefore been preparing a nexus study for each project that we review. The
following calculation demonstrates both nexus and proportionality (Nollan/Dolan) of the
project's impacts to State Facilities.
NEXUS STUDY
Caltrans. estimates that a development of this size could generate 162 trips (ITE Trip
Generation handbook, 7`h Edition) during peak travel times. We further estimate that 5
trips generated from this development would impact the SR 99/Herndon Avenue
interchange (assume all will impact the southbound off-ramp) and 9 trips would impact
the SR 99/Shaw Avenue interchange (assume 1/3 will impact the southbound on-ramp).
It :is therefore recommended that this project contribute its proportional fair share for
improvements at the two impacted interchanges. Please note that the fair share is based
on the current estimated cost of Caltrans' improvement projects. These amounts will
change as environmental costs increase and development is approved adjacent to our
existing right-of-way.
Trip Distribution: (percentage of trips impacting the State Route interchange)
SR 99/Herndon Avenue = 9 trips, all impacting the southbound off-ramp.
SR 99/Shaw Avenue = 9 trips, 1/3, or three trips, impacting the southbound on-ramp.
Average Cost per Trip per Interchange
Mitigation
SR 99/Herndon Avenue (NB off-ramp) _ (9 Trips)($250/Trip) _ $1,250
SR 99/Herndon Avenue (SB off-ramp) _ (3 Trips)($1,150/Trip) _ $3,450
TOTAL = $4,700
"Caltrans improves mobility across California-
Ms. Shelby Chamberlain
December 18, 2003
Page 2
The total proportional fair share to mitigate cumulatively significant project-related
impacts is therefore $4,700. If the applicant disputes this amount, the applicant may
conduct a Traffic Impact Study (TIS) to assess the project-related impacts to the State
Highway System and the pro-rata fair share towards area-wide circulation
improvements. Please reference the Caltrans Guide for the Preparation of Traffic
Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before
the traffic study is conducted.
Ongoing development throughout the City of Fresno, including this project, will make
traffic operations significantly worse by adding considerably to delay and congestion.
Demand will eventually excec,u capacity even. with improvements to the existing system.
We recommend that the City of Fresno focus on ways to eliminate trips in addition to
enhancing capacity. Transit alternatives can help reduce congestion and delay and
reduce overall degradation of air quality and gridlocked intersections. We recommend
the City consider including standard highway solutions along with the following:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to.
provide insight on ways of increasing transit usage.
3. -Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This may help to reduce the
Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit
passes for employees as well as including as a condition of project approval a
covered transit stop as mitigation for project-related impacts to the
transportation/circulation system.
6. Exploring the potential for linking the purchase of a monthly transit pass with new
residential development as a condition of project approval. This could be
accomplished through a number of different avenues. This type of condition could
potentially increase ridership, decrease the number of single occupancy vehicles
utilizing the transportation/circulation system, and serve as mitigation for air quality
impacts.
"Caltrans improves mobility across California"
Ms. Shelby Chamberlain
December 18, 2003
Page 2
We also request answers to the following questions:
1. What actual timeframe does the new General Plan cover?
Caltrans has been asking the City for clarification on this issue due to comments made
by Mr. Nick Yovino at the General Plan Update hearing, November 19, 2002, and
subsequent comments made by various City staff members. Mr. Yovino has stated that
not all of the General Plan will be implemented, hence the need to create the
implementation plan and the need to set priorities. Our question is what timeframe is
involved in implementing the entire General Plan as written, not just portions of it.
2. Is it anticipated that full build-out of the General Plan will occur within this
timeframe?.
See explanation for Number 1 above.
3. What is the estimated timeframe to achieve the population estimate as included in
the General Plan?
Caltrans has been asking the City for clarification on the population estimate as it is
unclear whether or not the City can achieve the estimate without implementing all of
the General Plan policies. Does this impact the timeframe needed to achieve the
population estimate?
4. Will the Mid-Rise/High-Rise Corridor exist within the estimated timeframe to reach
the above population estimate?
Caltrans has been asking the City for clarification on this issue due to comments made
by Mr. Nick Yovino and various City staff members that the Mid-Rise/High-Rise
Corridor could take as long as one hundred years to implement. As this component of
the General Plan appears to be essential to accommodate the predicted City population
and to make transit a viable alternative, it is essential to reviewing agencies such as
Caltrans to understand the City's position on implementation.
5. Is the Mid-Rise/High-Rise Corridor necessary to accommodate the estimated
population?
In evaluating the General Plan, it appears that the Mid-Rise/High Rise Corridor is
essential to accommodate the predicted City population; however, based on staff
comments, Caltrans is uncertain of the City's intent.
Please respond in writing to our request at your earliest possible convenience.
"Caltrans improves mobility across California"
Ms. Shelby Chamberlain
December 18, 2003
Page 2
We request that this letter be made part of the permanent public record for this project
and that a copy of our letter be included in the staff reports for both the City Council
and the Planning Commission. This will provide the decision-making body and the
general public with a complete and accurate environmental evaluation for the project.
Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings :for
this item. If you have any questions, please call me at (559) 445-6666.
Sincerely,
Deo
MOSES STITES
Office of Transportation Planning
District 6
C: Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
STATE OF_CALIFORNIA—BUSINESS.TRANSPORT4 AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Governor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE • :
P.O.BOX 12616
FRESNO,CA 93773-2616
PHONE (559)445-6666
l
FAX (559)433-4033 Beegy
ner �efeient!
TTY (559)433-4066
February 16, 2004 d E WE D
FEB 1 2131-IGR/CF-QA
DElIELoftENT()VAF]'NI_ENT 6-FRE-99-28.1+/-
C"OF FRESNO C-04-025
Ms. Shelby Chamberlain
City of Fresno Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
Dear Ms. Chamberlain:
We have reviewed the use permit to allow construction of 14 mixed-use buildings on
property located southwest of the corner of West Fig Garden Drive and North _E3rawley
Avenue. .Caltrans has.the following comments:
Due to the. traffic generated by.the extensive land,use changes that have. been approved in
this region of the City; Caltrans._design of the State Route (SR) 99/Shaw Avenue and SR
99/Herndon Avenue interchanges are no longer capable of meeting the demand. In order to
accommodate this additional growth, capacity enhancing upgrades are currently being
designed for the interchanges. In the absence of the City of Fresno including State facilities
in the City's Urban Growth Management (UGM) Fee Program, it has been the consistent
practice of this office to recommend that the applicant contribute the project's
proportionate fair share for improvements to the interchange. While we are under the
understanding that it is the City's responsibility under CEQA to conduct any necessary
nexus study via the environmental process, we acknowledge that this has not been the
City's practice. Caltrans has therefore been preparing a nexus. study for each project that
we review. The following calculation demonstrates both nexus and proportionality
(Nollan/Dolan) of the project's impacts to State Facilities.
NEXUS STUDY
It is estimated that these developments would likely generate,approximately 279 total trips
during PM Peak.travel.times .(ITE Trip._Generation. Handbook, 7th Edition). ^ Based on a
model trip trace, it is projected that 1.5% of these trips (4 trips) would impact the'SR' 99
interchange at,Herndon Avenue and 3% (8 trips) would impact the SR 99 interchange at
Shaw Avenue. The model also shows 4.5% of these trips (13 trips) using the future SR
99/Grantland Avenue interchange. While the Grantland Avenue interchange is in the 2020
"Caltrans improves inability across California"
Ms. Shelby Chamberlain
February 16, 2004
Page 2
traffic model, it is not expected to be constructed by then. It is therefore estimated that of
the Grantland interchange trips, 40% (5 trips) and 60% (7 trips) would impact the SR 99 at
Herndon and Shaw Avenue interchanges, respectively.
Average Cost Per Trip
Herndon Avenue Interchange:
Average Cost for Signal Improvement and Lane Widening (CT) = $740,000 (based on
past Caltrans projects)
Peak-hour volume (TE) = 1,052 (from a VRPA traffic study for a previous
development project)
Forecasted volume (TB) = 1,911 (year 2020, from Planning)
Percent for 1 trip (P) = T = 1 = 0.001164
TB - TE 1,911 - 1,052
Cost for 1 trip (C) = P(CT) _ (0.001164)($740,000) = $861
Shaw Avenue Interchange:
Average Cost for Interchange Improvement (CT) = $10,800,000 (based on Caltrans
Project Study Report prepared for the improvement project)
Peak-Hour volume (TE) = 2,941 (from Planning)
Forecasted volume (TB) = 5,664 (year 2020, from Planning)
Percent for 1 trip (P) = T = 1 = 0.000367
TB - TE 5,664— 2,941
Cost for 1 trip (C) = P(CT) = (0.000367)($10,800,000) = $3,963
Mitigation
SR 99/Herndon Avenue = (9 trips)($86 I/trip) = $7,750
SR 99/Shaw Avenue = (15 trips)($3,9 63/trip) = $59,450
It is therefore concluded that the total cost to mitigate for cumulatively significant project-
related impacts to the State Highway System is $67,200.' Because these impacts are
development-driven, the City should consider collecting mitigation towards these
improvements in the form of fair share contributions consistent with Nollan/Dolan. If the
applicant disputes this amount, Caltrans recommends that a Traffic Impact Study (TIS) be
conducted to assess the project-related impacts on the State highway system and the pro-
rata fair share towards area-wide circulation improvements. Please reference the Caltrans
"Caltrans improves mobility across California"
Ms. Shelby Chamberlain
February 16, 2004
Page 3
Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the
scope of the TIS to Caltrans before the traffic study is conducted.
It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will
produce 100 or more r.eak-hour trips (as this project will do) to evaluate the project's
contribution to increased peak-hour vehicle delay at major street intersections adjacent or
proximate to the project site (Mitigation Measure B-4). Has such an analysis been done?
If so, please provide the analysis to Caltrans for our review and comment.
The City has challenged Caltrans' requests for mitigation as violating the Mitigation Fee
Act. We believe the City is confusing the Mitigation Fee Act with project mitigation under
the California Environmental Quality Act (CEQA). However, as this is a concern for the
City, Caltrans provides the following:
The California Government Code section 66000-66008 (Mitigation Fee Act) does not allow
local agencies to collect mitigation fees without certain requirements being met under
statute:
a) Identify the purpose of the fee.
The purpose is to mitigate for identified project-related impacts to State facilities. ,.We
demonstrate that project traffic will impact an identified State facility and what
improvements are needed to reduce that impact to a level less than significant (per CEQA).
b) Identify the use to which the fee is to be put.
The mitigation is used for improvements to specified interchanges (including ramp
widening, auxiliary lanes, etc.), and our letters identify the impacted interchange. We
understand that at a recent Council hearing a Council member raised the concern regarding
how Caltrans accounts for the collected money and whether it is used elsewhere in the State
rather than for mitigation at the local level. When collecting money for mitigation, Caltrans
sets up an account that allows the money to be tracked and then applied to the identified
improvement on the identified interchange at the time a construction project is proposed.
Money collected to mitigate at one location is used solely for that purpose and not used
elsewhere in the system. This information has been provided to City staff numerous times.
c) Determine how there is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed.
The relationship of the project to the impact is demonstrated with the nexus study included
in our letters. Caltrans uses the ITE Trip Generation Handbook to determine the number of
trips and the project's own traffic study, previous traffic studies or model runs to determine
"Caltrans improves mobility across California"
Ms. Shelby Chamberlain
February 16, 2004
Page 4
the distribution of the generated traffic. We demonstrate a relationship between the
project's traffic and the impacted interchange.
d) Determine how there is a reasonable relationship between the need for the public
facility and the type of development project on which the fee is imposed.
Caltrans has stated the efficient operation of the public facility, the State Route, is needed
to provide a safe and efficient movement of people and goods throughout the State and to
minimize air quality impacts that would occur from project-related traffic congestion. We
demonstrate the relationship by using either previous traffic studies or model runs that
indicate the percentage of the project traffic that will utilize the impacted interchange.
Our letters in good faith meet the requirements of California Code Government Code
section 66000-66008 (Mitigation Fee Act). Furthermore, it is common practice throughout
the State of California for a .Lead Agency to require mitigation for State Highways as a
condition of project approval through the entitlement process.
Caltrans also recommends the following trip reduction strategies for commercial and large
office developments:
1. Incorporation of on-site child care should be given serious consideration as part of this
project as a way to reduce trips and encourage employees to patronize facilities within
the project site.
2. Alternative transportation policies should be applied to the development. An
assessment of multi-modal facilities should be conducted. This assessment should be
used to develop an integrated multi-modal transportation system to serve and help
alleviate traffic congestion caused by the project and related development in this area
of the City. The assessment should include the following:
A. Pedestrian walkways should link this office complex to an internal project area
walkway, transit facilities, as well as other walkways in the surrounding area.
B. The project should develop a Transportation Management Plan (TMP). The TMP
should go beyond offering transit options. Car pooling, Van pooling, and other
options should be included. The goal of the TMP is to reduce overall trips and the
impact of those trips on transportation/air quality. .
C. A Transportation Management Agency (TMA) and a TMA coordinator should be
designated the entire development area. The responsible TMP coordinator for this
project should be assigned and directed to work with the TMA coordinator.
D. If transit is not available within '/4-mile of the site, transit should be extended to
provide services to what will likely be a high activity center.
"Caltrans improves mobility across California"
Ms. Shelby Chamberlain
February 16, 2004
Page 5
E. The consideration of bicycles as an alternative needs more attention. The project
TMP should offer internal amenities to encourage bicycle use. These include
parking, security, lockers and showers. However, internal bicycle paths should be
coordinated with local and regional pathways to further encourage the use of
bicycles for commuter and recreational purposes.
We request that this letter be made a part of the permanent public record for this project and
that a copy of our letter be included in the staff reports for both the City Council and the
Planning Commission. This will provide the decision-making body and the general public
with a complete and accurate environmental evaluation for the project.
Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this
item. If you have any questions, please call me at (559) 445-6666.
Sincerely,
6�
MOSES STITES
Office of Transportation Planning
District 6
C: Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California'"
JUL-28-2000 13:48 FROM:FPU/ADVANCEMENT 5594532033 T0:949e1012 P:2/2
Da-vid•and Linda Calanra
3732 W. Tenaya Way
Fresno, CA 937_rj
(559) 435-5464 • Icalandra(@-sbcglobal.net
March I5_2004
Mr. Nat DiBuduo
Chair, Fresno-City Planning.Commission,.
City of Fresno MAR 16 2004
76G9 Fresno Streit.
Fiesno,CA.93721 Planning Division
I Development Department
Dear Mr. DiBuduo and Commissioners; CITY OF FRESNO
RD: Plan Amendment Application No. A-03-11
Rezone Application Ido.-R=0-3-547' ,,.
Conditional-U-se_.Per i Anplieation No. C-04-025
Environmental Assessment No. R-G3--I'1"/'1Z-03=57/ C-G4-025/T-52
If it were possible, I would be attending the March 17, 2004 Planning Commission
meeting-in-per-son..Since_tfiatismaLpassible _I-wotrld-like-te-submit the followin�
comments for the record.
While Fdbnot oppose the proposed-apghcatiorrs naEeeL--abeve-in-their ent:irctyJ,
would like to-see some-restrictions.-placed on the property.designated for CP/UGM.
The other three corners of the intersection are single family residential: Office,
cornmPTcial._lanct.use-isinc-errsis-ten-twith-the surrounding-nP�rhoad_.It will.,
increase traffic on Brawley, a two-lane street that is incapable at times to handIe thej
traffic-associated-with Rigarden.-Elementary-S-ch ot,-whichis-acUacent to the,
property. -
I would like to request that the property b�lhnited-tcrpcofessional-offce use_quit
the c&mm-ercial-&s.gnation-.Howxwer Lthe-commercial designation is allowed, I
would like to request that it be limited to support services for the office use. Asa.,
resident.of.Gr'arwd1elrstates; loeated-across-the-street fronn.-the-property, 1 am....
opposed to any commercial operation that has operating hours outside of normal
business-hours.-I-also:request.explicit.r_estrir "nn s agairrst-gasstations, car washes,
convenience stores, bars, and restaurants serving liquor as they would be -
inconsistent with the neighborhood-and-adjateent-elementary se"I.
Your consideration-of my-request-is�g-e�iyL-appreci�t�d.
Sincerely,
Li da M. Calandra
CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED
Initial Study is on file in the Planning and Environmental -2004 FEB 24 AN 8: 21
Development Department, City Hall Assessment Number:
2600 Fresno Street, Fresno, California 93721 A-03-11/R-03-57/
559 621-8277 C-04-025/T-5278 CITY CLERK, FRESG ! �`
APPLICANT: John Allen and Image Homes Assessor's
PO Box 8548 Parcel Number:
Calabasas, California 91372 507-320-06, 07, 08, 11, 12
PROJECT DESCRIPTION AND LOCATION: Plan Amendment Application No.A-03- Filed with:
11, Rezone Application No. R-03-57,Conditional Use Permit Application No. C-04-025 and REBECCA E. KLISCH, City Clerk
Vesting Tentative Tract Map No.5261/UGM, filed by John Allen and Image Homes, pertain 2nd Floor- City Hall
to approximately 34 acres of property located at the southwest comer of North Figarden Drive L600 Fresno Street
and North Brawley Avenue. The Plan Amendment Application No. A-03-11 proposes to Fresno, California 93721-3603
amend the Bullard Community Plan and the 2025 Fresno General Plan to change the planned
land uses of the subject site from the office commercial,neighborhood park and medium high
density residential planned land use designations to the medium low density residential(21
acres),neighborhood park with underlying office commercial(7 acres)and office commercial
(6 acres) planned land use designations. Rezone Application No. R-03-57 proposes to
rezone the property,consistent with the proposed land uses,From the AE-5/UGM(Exclusive
Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single
Family Residential/Urban Growth Management), O/UGM (Open Space/Urban Growth
Management) and C-P/UGM (Administrative and Professional Office/Urban Growth
Management)zone districts. Conditional Use Permit Application No.C-04-25 is a request to
construct a planned office development comprised of 14 buildings (98;500 square feet of
office and 29,000 square feet of commercial)along the northerly portion of the subject site.
Tentative Tract Map No. T-5278 proposes to subdivide the 21-acre medium low density
residential portion into 57 single family residential lots.
The proposed project has been evaluated with respectto each item on the attached environmental checklist. This completed
checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the
interrelationship between the proposed project and the physical environment. The information contained in the Environmental
Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial
study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act.
Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a categorywhich
is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may
be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in
themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible.
All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on
the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered
substantial in itself.
The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the
environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a
significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the
"Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore
made that the proposed project will clearly.not have a significant adverse effect on the environment.
This Mitigated Negative Declaration will be deemed final and effective if no.appeal is filed in the manner specified by
Section 12-505 of the Fresno Municipal Code.
INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY:
Planner
DATE: February 24, 2004 DARRELL UNRUH, Planning Manager
PLANNING AND DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EFFECTS
EA No. A-03-11/R-03-57/C-04-025/T--5278
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off
2 2.1 Substantial indirect source of pollution site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
1 12.1 Risk of explosion or release of hazardous substances
3_0 WATER 1 12.2 Site subject to flooding
1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters
use 2 12.4 Potential hazards from aircraft accidents
1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites
1 3:3 Wasteful use of ground water
1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS
1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view
1 13.2 Creation of aesthetically offensive conditions
4.0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation
1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area
endangered species
1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL
1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of
agricultural land archaeological site
1 14.2 Construction or activity incompatible with adjacent
5.0 ANIMAL LIFE historic site
1 5.1 Reduction in the numbers of any rare,unique or
endangered species 15.0 ENERGY
1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel
1 15.2 Substantial increase in demand upon existing sources
1 6.0 HUMAN HEALTH of energy
1 15.3 Wasteful use of energy
7_0 NOISE
1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS
2 7.2 Exposure to high noise levels
"0" Insufficient Information
8.0 LIGHT AND GLARE Insufficient information is available to determine the potential
1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the.proposed
areas project in this category.
1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect
The proposed project will not have an adverse environmental
9.0 LAND USE effect in this category, or any such effect is not substantially
2 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also
1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the
1 9.3 Induces unplanned growth particular project under consideration.
1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect
characteristics The proposed project will have an adverse environmental
effect in this category,which is of sufficient magnitude to be of
10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial
2 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental
deficiencies on existing street system Impact Report, and is mitigable through project changes and
1 10.2 Cumulative increase in traffic on a major street for which conditions.
capacity deficiencies are projected "3" Significant Adverse Environmental Effect
1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this category
1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the
1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on
1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an
Environmental Impact Report.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT - INITIAL STUDY
Application No. A-03-11/R-03-57/C-04-025/T-5278
PROJECT DESCRIPTION
Plan Amendment Application No. A-03-11, Rezone Application No. R-03-57, Conditional Use Permit
Application No. C-04-025 and Vesting Tentative Tract Map No. 5278/UGM, filed by John Allen and Image
Homes, pertain to approximately 39 acres of property located at the southwest corner of North Figarden
Drive and North Brawley Avenue. The Plan Amendment-Application No. A-03-11 proposes to amend the
Bullard Community Plan and the 2025 Fresno General Plan to change the planned land uses of the subject
site from the office commercial, neighborhood park and medium high density residential planned land use
designations to the medium low density residential (21 acres), neighborhood park with underlying office
commercial(7 acres)and office commercial(11 acres)planned land use designations. Rezone Application
No. R-03-57 proposes to rezone the property, consistent with the proposed land uses,from the AE-5/UGM
(Exclusive Five Acre Agricultural/Urban Growth Management)zone district to the R-1/BA-20/UGM (Single
Family Residential/Boulevard Area-20 Feet/Urban Growth Management), O/BA-20/UGM (Open
Space/Boulevard Area-20 Feet/Urban Growth Management) and C-P/BA-20/UGM (Administrative and
Professional Office/Boulevard Area-20 Feet/Urban Growth Management)zone districts. Conditional Use
Permit Application No..C-04-25 is a request to construct a planned office development comprised of 14
buildings (98,500 square feet of office and 29,000 square feet of commercial) along the northerly portion
of the subject site. Tentative Tract Map No.T-5278 proposes to subdivide the 21-acre medium low density
residential portion into 57 single family residential lots.
Bordering Property Information
Planned Land Use Existing Zoning Existing Use
North Medium Low Density R-1/UGM Single Family
Residential Single Family Residential/Urban Residences
Growth Management
South Public Facilities AE-5/UGM FMFCD Ponding
Exclusive Five Acre Agricultural/Urban Basin
Growth Management
East Medium Density Residential R-1/UGM Single Family
Single Family Residential/Urban Residences
Growth Management
Public Facilities AE-5/UGM Elementary
Exclusive Five Acre Agricultural/ School
Urban Growth Management
West Medium High Density R-2/BA-15-20/UGM/cz Vacant
Residential Low Density Multi-Family (Approved 272-unit
Residential/Boulevard Area, 15-20 apartment complex)
Feet/Urban Growth
Management/conditions of zoning
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
Page 2
February 24, 2004
Staff has reviewed the above-referenced project proposal and consulted with affected agencies and
interest groups. Approval of the project may contribute to the creation of certain moderate environmental
effects or the project may be adversely impacted by existing conditions as addressed below.
The project area is located within the northwestern portion of the City of Fresno's adopted Sphere of
Influence and Urban Boundary area and is designated for office commercial, medium high density
residential and public facilities (neighborhood park) planned land uses by the Bullard Community Plan,
updated in 2002, and the 2025 Fresno General Plan, adopted in 2002.
Environmental documents for previous plan actions include Final EIR No. 10130 (2025 Fresno General
Plan). Additional environmental documents have been certified for major public facilities to accommodate
population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional
Wastewater Treatment and Reclamation Facility Capacity Expansion)and Final EIR No. SCH 95022029
(Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and
conclusions, together with supporting technical studies, address the impacts of population growth and the
necessary public facility capacity expansion associated with the urban development that will accommodate
this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence.
Certification or approval of these environmental documents identified potentially significant adverse
environmental impacts, appropriate mitigation measures, and findings of overriding considerations with
respect to unavoidable significant impacts. The following impacts were identified by City Council
Resolution No. 2002-378 certifying Final EIR No. 10130 (2025 Fresno General Plan).
1. Transportation and Circulation
2. Air Quality
3. Preservation of Agricultural Land
4. Noise
Resolution No. 2002-378 also contains a statement of overriding considerations for the above unavoidable
significant effects. The benefits of implementing the 2025 Fresno General Plan outweigh unavoidable
significant effects.
1.0—TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS
There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing
topography is relatively flat with no apparent unique or significant land forms such as vernal pools.
Development of the property requires compliance with grading and drainage standards of the City of
Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines
must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining
property owners.
2.0—AIR QUALITY
As a result of the San Joaquin Valley's climate and topography,the San Joaquin Valley Air Basin(SJVAB)
is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer
inversions that prevent mixing of air masses. The large number of sunny days per year and high
temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap
particulate matter.
• INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
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February 24, 2004
With respect to the Fresno area, the SJVAB has been classified as follows:
• Ozone. Recently reclassified from"serious nonattainment"to"severe nonattainment"by the U.S. E.P.A.
Classified as "severe nonattainment" by the State.
• PM,,. Classified as "serious nonattainment"at the federal level. Classified as "nonattainment" by the
State.
• CO. Recently reclassified from "nonattainment" to "attainment" by th U.S. E.P.A.
• NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level.
• SO2. Unclassified at the federal level. Classified "attainment" at the State level.
• Sulfates. (No federal standard.) Classified "attainment" at the State level.
• Lead. (No federal standard.) Classified "attainment" at the State level.
• H2S. (No federal standard.) Unclassified by the State.
• Visibility. (No federal standard.) Unclassified by the State.
In response to the SJVAB's nonattainment status for Ozone and PM,,the San Joaquin Valley Air Pollution
Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal
regulations. Table VC71 of MEIR No. 10130 lists the air quality attainment plans that have been adopted
by the SJVAPCD.
The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level
requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that
demonstrates attainment by 2006. The new attainment plan will include more stringent permitting
requirements and a greater level of control on stationary source emissions within the District. Failure to
implement control measures may result in a loss of federal funding for highways and may require sanctions
on stationary sources.
As a result of the SJVAB's classification of "severe nonattainment" for ozone by the State, the valley is
subject to the most stringent requirements in the California Clean Air Act. These include providing for a
5% per year reduction in nonattainment emissions, or including "every feasible measure"in the Air Quality
Attainment Plan; establishing a permitting program that achieves a no-net-increasein stationary source
emissions; developing strategies to reduce vehicle trips and miles traveled; increasing average vehicle
ridership to 1.5 persons during commute hours;reducing population exposure to non-attainment pollutants
by 25%; establishing best available retrofit control-technology requirements for permitted sources; and
developing indirect and area source programs.
As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics
or control measures. These measures are, in turn, implemented through the extensive collection of District
rules, regulations and permitting requirements established by the SJVAPCD.
The Air District has suggested that the URBEMIS 2002 computer model be used to project future air
pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban
k �
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
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February 24, 2004
uses developed on the project site. The computer model evaluated the following emissions: ROG
(Reactive Organic Gasses), NOX(Nitrogen Oxides), CO(Carbon Monoxide), PM,o(Particulates)and SOX
(Sulfur Oxides) which are summarized below.
URBEMIS 2002 AIR QUALITY IMPACTS'"
All data in tons/year ROG NOX CO PM10 SOX
.Area Source Emissions 2.49 0.34 3.58 0.50 0.01
Operational Emissions 5.53 7.76 70.17 5.23 0.05
Totals 8.02 8.10 73.75 5.73 0.06
Level of Significance or 10 10 100 14.6 27.375
Requirements for Offset
"Based on 57 single family residential units and 127,500 square feet of office park
The URBEMIS 2002 model projections indicate that the proposed project will not exceed the threshold
limits for the emissions listed.
The SJVAPCD has developed the San Joaquin Valley 1991.California Clean Air Act Air Quality Attainment
Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This
project will be subject to applicable Air District rules, regulations, and strategies. In addition, the
construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control
District(SJVAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine particulate
matter. This rule mandates the implementation of dust control measures to reduce the potential for dust
to.the lowest possible level. The plan includes a number of strategies to improve air quality including a
transportation control strategy and a vehicle inspection program. In addition, the District encourages
innovations in measures to reduce air quality impacts such as energy efficient building materials and
household appliances as well as site design features including landscaping, pedestrian and transit access
features.
The 2025 Fresno General Plan and the Bullard Community Plan major street design standards and
bikeway plans provide for thorough distridution of alternative transportation improvements. These facilities
assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers
using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed
with urban growth management fees,frequently located in conjunction with an elementary school site that
facilitate related academic, athletic, recreational, and other community activities that promote combined
trip-making and encourage the use of nonvehicular modes of transportation.
In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public
transportation system in order to serve developing urban areas. Adopted standards and conditions of
development require the provision of adequate bus stop facilities at appropriate major street locations to
facilitate future public transportation services.
INITIAL STUDY
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February 24, 2004
Mitigation Measures
1. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation
measures as noted in the attached Project Specific Monitoring Checklist dated February 24, 2004.
2. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation
measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno
General Plan Mitigation Monitoring Checklist dated February 24, 2004.
3.0—WATER
Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public
water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate
quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater
degradation, increasingly stringent water quality regulations, as well as high consumptive use of water on
a per capita basis (267 gallons per day per capita), have resulted in a decline in the total usable potable
water supply.
The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and
distribution systems shall be expanded incrementally to mitigate increased water demands.
The Fresno Metropolitan Water Resource Management Plan has been adopted and the accompanying
Final EIR(SCH #95022029)certified. The purpose of the management plan is to provide safe, adequate,
and dependable water supplies to meet the future needs of the metropolitan area in an economical
manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of
reasonably implementable measures and facilities. In addition, the proposed project must contribute to
the completion of the Fresno Metropolitan Flood Control District's master planned storm drainage facilities.
Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm
water run-off and surface water obtained from the Fresno Irrigation District and United States Bureau of
Reclamation on the northern edge of the current urban limit boundary.
The mitigation measures of MEIR No. 10130 are incorporated herein by reference and are required to be
implemented by the attached mitigation monitoring checklist. In summary, these mitigation measures
require participation in the development of groundwater recharge in an amount equal to the project's
estimated water consumption. Alternative measures to satisfy this requirement include paying fees
established by the city for construction of recharge facilities, the construction of recharge facilities directly
by the project, or participation in augmentation/enhancement/enlargement of the recharge capability of
Fresno Metropolitan Flood Control District storm water ponding basins. While the proposed project may
be served by conventional groundwater pumping and distribution systems, full development of the 2025
Fresno General Plan boundaries may necessitate utilisation of treated surface water due to inadequate
groundwater aquifer recharge capabilities.
Implementation of the 2025 Fresno General Plan policies, the Water Resources Management Plan, and
the applicable mitigation measures of approved environmental review documents will address the issues
of providing an adequate,reliable,and sustainable water supply for the project's urban domestic and public
safety consumptive purposes.
The Water Division of the Public Utilities Department estimated that the proposed 57-lot single family
subdivision and an office park comprised of buildings totaling 127,500 square feet will have an estimated
peak water demand of 206 gallons per minute. An adequate source of water is available to serve the
project with the implementation of the mitigation measures noted below.
■
INITIAL STUDY
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February 24, 2004
Mitigation Measures:
1. The proposed project shall implement and incorporate, as appropriate, the water related mitigation
measures as noted in the attached Project Specific Monitoring Checklist dated February 24, 2004.
2. The proposed project shall implement and incorporate, as appropriate, the water related mitigation
measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno
General Plan Mitigation Monitoring Checklist dated February 24, 2004.
4.0—PLANT LIFE: and 5.0—ANIMAL LIFE
There are no native plants or significant wildlife populations known to exist on the project site. The
extensive landscaping proposed on the site will provide habitat for certain species of birds and small
animals suited for an urban environment.
6.0—HUMAN HEALTH
Aside from temporary dust generation during construction, the project is not expected to have any other
impacts on human health.
7.0—NOISE
The subject site is located adjacent to the Burlington Northern/Santa Fe Railroad mainline and the
Figarden Loop. The railroad and the major street are.potentially significant sources of noise and vibration
which could disrupt the habitability of a single family residential area. The City of Fresno Noise Element
of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to
be 60 dB CDNL, and for interior living areas a noise level exposure of not more than 45 dB CDNL. The
entire site is within a 65 or 70 decibel contour according to the Master Environmental Impact Report for
the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be
submitted, evaluated, and accepted by the Planning and Development Department. The acoustical
analysis performed for the,project found the noise levels to be substantial.
The acoustical analysis, prepared by VRPA Technologies, dated January 2003, used models from the
Federal Highway Administration (FHWA) and.Caltrans, as well as field measurements conducted at the
project site . The study prepared for the project took into account only noise from traffic along Figarden
Drive and did not consider noise from the BNSF railroad. City of Fresno Planning and Development
Department staff ran a noise modeling program for predicted noise level measurement of trains. Field
measurements recorded noise levels at the project site of 78 dB(A), without any sound walls or other
mitigation. It is concluded that a 10-foot high wall, or approved combination of wall and berm, would be
necessary to fully reduce the noise levels along the southerly project site, adjacent to the existing FMFCD
ponding basin. A 7-foot wall is required around the perimeter of the remaining project site. These barriers
will reduce the exterior noise level to 63.8 dB(A)at the first floor height. Although this still exceeds the 60
Ldn outdoor noise level, the Noise Element of the 2025 Fresno General Plan makes an exception for
properties near the Burlington Northern Santa Fe tracks and allows a maximum outdoor noise level of 65
Ldn.
Interior noise levels will be reduced to an.acceptable level through standard construction mandated by the
California Building Code. Specifically, exterior walls will be constructed with stucco, over 2"X4", 16" o.c.
wood framing, with 1/2" gypsum board with cavity insulation inside. All exterior doors will be weather-
stripped and have threshold seals and windows will be operable with dual glazing and low air infiltration
rate frames. Additionally mechanical ventilation(HVAC)will be provided to allow temperature control when
doors and window are closed during high noise periods.
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25R-5278
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February 24, 2004
Any development of this site must be in compliance with the Railroad/Single Family Residential Interface
Standards of Section 5.4.2 of the Bullard Community Plan.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation
measures as noted in the attached Project Specific Monitoring Checklist dated February 24, 2004..
2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation
measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno
General Plan Mitigation Monitoring Checklist dated February 24, 2004.
9.0—LAND USE
The plan amendment application proposes the change of planned land uses from the medium high density
residential (14.4 acres), open space-neighborhood park (13.6 acres) and office commercial (11 acres)
designations to the medium low density residential (21 acres), open space-neighborhood park (7 acres)
and office commercial (11 acres) land use designations. The 2025 Fresno General Plan and West Area
Community Plan currently designate the subject site for medium high density residential planned land uses.
The rezone application requests the site be rezoned from the AE-5/UGM (Exclusive Five Acre
Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban
Growth Management), O/UGM (Open Space/Urban Growth Management) and C-P/UGM (Administrative
and Professional Office/Urban Growth Management) zone districts to correspond with the requested
planned land use designations. This would allow for the project site to be developed with a 57-lot single
family residential subdivision, an office park, including some retail uses, with 127,500 square feet of
building area and a neighborhood park.
Goal 5.5.1-1 of the Bullard Community Plan states that the City should, in regards to the Bullard-Brawley
Loop/Figarden Drive area, "Provide for a viable 'community center' (focal area of community activity)
integrating commercial, medium-high density residential, cultural, social, educational and recreational
facilities at a location accessible to the community at large The development of the entire project site,
which is surrounded by urban uses, meets the goals of this policy. The project provides office, commercial,
recreational and residential facilities for the community as well as the future residents of the proposed
subdivision.
The proposed land use is compatible with the applicable.community and general plan goals, policies, and
implementation measures intended to provide for the efficient uses of natural resources and public
facilities; the construction of adequate public improvements by the development which generates the
demand for these facilities; and, the implementation of a functional land use pattern consistent with the
population and economic growth projects of the Fresno General Plan.
Based on the applicability of adopted development standards,plan policies/implementation measures,and
applicable mitigation measures of the above-referenced environmental documents, and with consideration
of the proposed land use relationship, and recommended neighborhood unifying design principles, it is
concluded that the proposed plan amendment will further promote the achievement of the planned urban
form and land use objectives of the 2025 Fresno General Plan and the Bullard Community Plan.
INITIAL STUDY
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February 24, 2004
10.0—TRANSPORTATION AND CIRCULATION,• 10.1 Generation of Vehicular Traffic Sufficient to
Cause Capacity Deficiencies
The circulation system near the project site has been altered to accommodate substantial interruptions to
the established citywide grid system. Particularly, west of Marks Avenue, the circulation system makes
significant deviations from the established grid system due to the two railroads cutting diagonally through
the area in a northwest to southeast direction. The central circulation design feature in the western Bullard
Community is the Bullard-Brawley Loop, which is named Figarden Drive, and was conceived in 1975 as
a way to minimize the number of grade crossings of the BNSF railroad tracks. The Figarden Drive loop
also provides a central circulation feature to facilitate the planned community center function of this area
as contemplated by Objective C-4 of the 2025 Fresno General Plan. Radiating outward from the central
core are five major streets: two collector streets, Sierra and Gates Avenues; and three arterial streets,
Brawley, Santa Fe, and Bullard Avenues. Figarden Drive connects back to the grid system by becoming
Bullard Avenue just west of the Bullard/Marks Avenue intersection and by becoming Brawley Avenue at
approximately the Barstow Avenue alignment.
The reconfiguration of the grid system and creation of Figarden Drive was recommended to increase safety
and reduce the expense of multiple railroad crossings. The two mainline railroads that run diagonally
through the Bullard Community Plan area were disruptive to the circulation system and to adjacent land
uses, and imposed a safety hazard at the various existing at-grade-level crossings that existed prior to the
Figarden Drive Loop. The intersection and railroad crossing that currently exists at Figarden Drive/Santa
Fe Avenue was designed and built specifically to direct traffic across the Figarden Drive/Santa Fe Avenue
intersection so traffic at that intersection would operate safely and properly.
Large employment intensive uses attract trips from throughout the region and thus might facilitate the use
of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that
a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be
generated from land uses that are not equitably contributing to the cost of constructing adequate street
capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments
occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public
transportation and typically would not contribute to the construction of additional major street capacity.
A traffic analysis, dated January 28, 2004, was prepared by VRPA Technologies for the proposed project.
The development of the project site with the proposed.57 single family residences and an 11 acre office
park, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard
Community Plan, will be required to complete the planned major street network in accordance with
applicable development policies and standards including the Urban Growth Management program. Both
plans designate North Figarden Drive and North Brawley Avenue as arterial streets. Arterial streets are
required to be developed with two travel lanes in each direction separated by a median island to control
left-turn and crossing vehicular movements. All street standards provide for a widened pavement width
at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or
turnouts.
Based upon the existing planned land use designations, neighborhood park, office commercial and
medium high density residential (assuming maximum build-out with 261 units), the 2025 General Plan
anticipated this site would generate 3,898 vehicle trips per day (based upon the American Institute of
Traffic Engineers (ITE) Manual). The proposed project, with 11 acres of office park, 7 acres of
neighborhood park and a 57-lot single family residential subdivision, generates 2,703 vehicle trips per day.
The proposed project represents 69% of the planned trips for the subject property. This results in.a 31%
decrease in traffic between what the 2025 Fresno General. Plan would have allowed and what the project
proposes.
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
Page 9
February 24, 2004
These trips would be directed mainly onto Figarden Drive, which is designated as an arterial according to
the 2025 General Plan and the Bullard Community Plan and is currently operating at a LOS D for PM peak
hours. Figarden Drive was designed as a four-lane divided arterial street, with traffic control signalization
at intersections with major streets and other major access points. The right-of-way width is 116 feet to
accommodate the four vehicular travel lanes plus two bike lanes. The designed daily capacity of a four-
lane arterial is about 28,000 trips per day. There are also two access points to Brawley Avenue, which is
designated as a two-way local street with street-side parking south of Figarden and as an arterial with 4
lanes north of Figarden.
The study analyzed the intersections of Herndon/Golden State, Herndon/Brawley, Figarden/Brawley,
Figarden/Santa Fe, Figarden/Bullard and Figarden/Marks. It was determined that all intersections would
require some level of improvement in the future, with or without the proposed project. Per the
recommended mitigation measures in the traffic analysis, the project will be required to pay its fair share
for its impacts to the following intersections: Figarden/Bullard, Bullard/Marks and Herndon/Golden State.
Caltrans
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations
has asserted that new development within the Bullard Community Plan area contributes a substantial
number of additional vehicle trips during the evening peak hour traffic period (4:00 pm to 6:00 pm)which
will impact State Route (SR) 99 interchanges at Herndon Avenue and at Shaw Avenue. In a letter dated
December 18, 2003, Caltrans requests that mitigation fees in the amount of$4,700 be paid for the project.
Then in another letter dated February 16, 2004, Caltrans requests that the project be required to pay a
traffic impact fee of$67,200 per projected peak hour vehicle trip for its proportionate share of mitigation
costs for improvements to Freeway 99. The City has not recommended that either of these impact fees
be imposed as a condition of project approval, as it is not evident that Caltrans has documented a nexus
and reasonable proportionality necessary to justify the imposition of a traffic impact fee for the
improvement of state facilities. This conclusion is based upon Caltrans's submission of varying
descriptions of the necessary freeway improvements,the imprecise estimate of costs and probable funding
sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California
Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this
documentation, it is not legally permissible for the City to impose the requested traffic impact fee pursuant
to CEQA Guidelines Section 15126.4 (a) (5).
State highway facilities appear to have failed to meet 20-year capacity design criteria during a period of
time when the area's pace of population growth decreased to a rate well below previous state projections.
This highway facility "under-design" and consequently the capacity deficiencies, which may now be
prematurely occurring, are at least partially the result of resource allocation decisions made by the State
of California rather than land use decisions made by the City of Fresno.
An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been
presented to Caltrans for consideration. This method utilizes the master storm water drainage facility
planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using
this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and
assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act -AB 1600)
that apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact
fee program consistent with this model it will be applied to any final tract map or other applicable
development entitlement for this project. Finally, with or without the implementation of freeway impact
fees, the project is not anticipated to adversely impact the area's circulation system as conditioned and
mitigated.
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
Page 10
February 24, 2004
It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide
impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus
(demonstration of the direct relationship between the project and the potential impact) and the
proportionality (fair share contribution towards mitigating the impact) required by State law. While the
Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence
of compliance with State statutes, no response has been received to date by the City of Fresno.
However, in response to these discussions, a partnership in planning grant was obtained through which
the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency
study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater
Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most
impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the
greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity.
Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities
of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions.
In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for
a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate
a portion of the subject sites for street purposes in accordance with adopted plans and policies such as
the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a
Director's Determination, or a local street public improvement standard as determined by the Director.
Each development must also construct a portion of the planned major street system, including off-site
extensions as required by Urban Growth Management Policies. In addition, the residents of the proposed
project will contribute to the construction of state highway facilities and regionally significant streets through
the Measure "C" local transportation sales tax program.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the traffic and circulation
related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated
February 24, 2004.
2. The proposed project shall implement and incorporate, as applicable, the traffic and circulation
related mitigation measures as identified in the attached Master Environmental Impact Report No.
10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated February 24, 2004.
11.0—URBAN SERVICES
11.1—Availability of Fire Protection
The project site is located within the city's Urban Growth Management Area and must comply with the
applicable service delivery requirements necessary to provide not less than the minimum acceptable level
of fire protection facilities and services appropriate for urban uses. The proposed project is located within
two miles of City of Fresno Fire Station No. 14.
11.4—Overcrowding of School Facilities
The project site is served by the Fresno Unified School District. The district has adopted development fees
in accordance with current state law. Development of the project site will be subject to the fees in place
at the time fee certificates are obtained.
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
Page 11
February 24, 2004
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the school facilities related
mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025
Fresno General Plan Mitigation Monitoring Checklist dated February 24, 2004.
11.6—Availability of Sewer Lines of Adequate Capacitv
The Public Utilities Department has determined that the estimated average daily sanitary sewer flow
contribution from this project is 33,415 gallons per day. The nearest available sewer main is located in
North Figarden Drive. Adequate sanitary sewer service is available to serve the project, subject to the
Special Permit Conditions of Approval for Conditional Use Permit Application No. C-04-25 dated March
10, 2004.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the sewer related
mitigation measures as identified in the attached Master Environmental Impact Report No.
10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated February 24, 2004.
11.7—Availability of Storm Water Drainage Facilities On or Off Site
In order to avoid or reduce the discharge of pollutants into, the storm water sewer system, the U.S.
Environmental Protection Agency requires thata Notice of Intentfora general National Pollutant Discharge
EliminationSystempermit be filed for a variety of industrial uses and for any construction site of five.or
more acres of land. The property owner of this development site has been informed of that requirement
and of his, and any business owner's, responsibility to ensure that the Notice of Intent is filed in accordance
with the regulations.published in Volume 55, No. 222, of the Federal Register.
12.0 — HAZARDS: 12.4—Aircraft Hazards
The subject site is located within the Horizontal Surface Area of the Sierra Sky Park airport, which is a
primary review area. Therefore, the dedication of an avigation easement is required. Further, .the
protected airspace for the Sierra Sky Park, as established by Part 77, Subpart C, of the Federal Aviation
Regulations, will not be violated by the proposed project.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the hazards related
mitigation measures as noted in the attached Project Specific Monitoring Checklist dated February
24, 2004.
14.0—HISTORICAL/ARCHAEOLOGICAL
There are no adjacent historical or archaeological sites. To ensure that any possible sites will be
protected, the following conditions have been added to this special permit approval:
1. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
INITIAL STUDY
Environmental Assessment No. A-03-11/R-03-57/C-04-25/T-5278
Page 12
February 24, 2004
2. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in origin,
the Native American Heritage Commission shall be immediately contacted, and the California
Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to
obtain a referral list of recognized archaeologists. An archaeological assessment shall be
conducted for the project, the site shall be formally recorded, and recommendations made to the
City as to any further site investigation or site avoidance/preservation.
3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted
to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist and, if the paleontologist determines the material to be significant, it shall be
preserved.
DETERMINATION
Based upon these previous actions and the applicability of adopted development standards, plan policies/
implementation measures, and applicable mitigation measures of the above-referenced environmental
documents, it is concluded that the proposed land uses will not result in a significant indirect adverse
environmental effect.
On the basis of this initial evaluation, it is determined that the proposed project is consistent with all
applicable city plans and policies and conforms to all applicable zoning standards and requirements.
Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further
determined that there is no substantial evidence in the record that the proposed project may have a
significant effect on the environment. This is based upon the mitigation measures required as
conditions of project approval which are referenced by this environmental assessment and are
conditions upon which a mitigated negative declaration can be recommended. A MITIGATED
NEGATIVE DECLARATION WILL BE PREPARED.
SACK:\Master Files-2001—PLAN AMENDMENTSIA-03-11-R-03-57-T-5261-SAC\A-03-11-R-03-57-C-04-025-T-5261-IS.wpd
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