HomeMy WebLinkAboutT-5279 - Conditions of Approval - 8/24/2006 C'"°' REPOS. TO THE PLANNING COMMISSIG, AGENDA ITEM NO. VII-C
COMMISSION MEETING 2-15-06
February 15, 2006 APPROVED BY
FROM: STAFF, Planning Division
Planning and DevelopmentDEPARTMENT DIRECTOR
69pa- - I
SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5279/UGM, AND
CONDITIONAL USE PERMIT APPLICATION NO. C-05-105 AND AFFIRM THE
CITY COUNCIL'S ADOPTION OF THE MITIGATED NEGATIVE DECLARATION
FOR ENVIRONMENTAL ASSESSMENT NO. A-04-23/R-03-76/T-5279/C-05-105
EXECUTIVE SUMMARY
Vesting Tentative Tract Map No. 5279/UGM and Conditional Use Permit Application No. C-05-105 filed
by Morning Development II, LLC relate to approximately 17.5 acres of property located on the northwest
corner of East Jensen and South Peach Avenues. Vesting Tentative Tract Map No. 5279/UGM
proposes to subdivide the property into a 55 lot, multiple family subdivision. Conditional Use Permit
Application No. C-05-105 proposes the development of 144 units. The units will be developed as
duplexes, while 17 of the 55 lots will be developed with a total of four units each. The site will also
provide some common open space in the form of trails and a small park area. It should be noted that on
November 1, 2005, the Fresno City Council adopted Resolution No. 2005-476 (Plan Amendment No.
A-05-23) and Ordinance No. 2005-31 (Rezone Application No. R-03-76), reclassifying approximately 4.5
acres of the subject site from the office commercial and roughly 4.5 acres from the medium-high density
residential planned land use designations to the medium density residential planned land use, while the
remaining 8.5 acres of the 17.5 acre subject site were already planned for medium density residential
planned land uses, therefore no change was proposed. In addition, the subject site was redesignated
from the AE-5/UGM (Exclusive Five Acre AgriculturaUUrban Growth Management) zone district to the
R-2/EA/UGM (Low Density Multiple Family ResidentiaUExpressway Area Overlay District/Urban Growth
Management) zone district, which is consistent with the medium density residential planned land use
designation pursuant to Section 12-403-B-2 of the Fresno Municipal Code. According to the land use
consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans),
the medium density residential planned land use designation allows 4.99 to 10.37 units per acre.
Overall, the proposed subdivision density is 8.22 units per acre.
PROJECT INFORMATION
PROJECT A 55-lot, multiple family residential subdivision to be developed-with
144 units, at an overall density of 8.22 units per acre
APPLICANT Morning Development II, LLC (Engineer: R.W. Greenwood Associates,
Inc.)
<'
LOCATION Northwest corner of East Jensen and South Peach Avenues
(Council District 5, Councilmember Dages)
SITE SIZE Approximately 17.5 acres
LAND USE Existing - Semi-rural residential
Proposed - A 55-lot, multiple family residential development
ZONING Existing - R-2/EA/UGM (Low Density Multiple Family
Residential District/Expressway Area Overlay
District/Urban Growth Management)
V
REPORT TO THE PLANNIk,.j COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 2
Proposed - R-2/EA/UGM (Low Density Multiple Family
Residential DistrictExpressway Area Overlay
DistdcWrban Growth Management)
PLAN DESIGNATION The proposed 55-lot multiple family residential subdivision is
AND CONSISTENCY consistent with the 2025 Fresno General Plan and Roosevelt
Community Plan designation of the site for medium density residential
planned land uses pursuant to Section 12-403-13-2 of the FMC
ENVIRONMENTAL Mitigated Negative Declaration filed on September 8, 2005
FINDING
PLAN COMMITTEE The Roosevelt Implementation/Advisory Committee
RECOMMENDATION recommended approval of the subdivision map and conditional
use permit application at their July 25, 2005 meeting
STAFF Approve the vesting tentative tract map and conditional use permit
RECOMMENDATION application subject to compliance with the Conditions of Approval for
T-5279/UGM dated February 15, 2006 and Conditions of Approval for
C-05-105 dated February 15, 2006
BORDERING PROPERTY INFORMATION
Planned Land Existing Zoning Existing Land Use
Use
Medium Density AE-SIUGM
North Rural Residential/Agricultural
Residential Exclusive Five Acre Agricultural District
Urban Growth Management
AL-20(County)
South Light Industrial Agricultural Exclusive Twenty Acre Single Family Residential
Minimum
R-1/EA/UGM Agricultural (Tract Map No. 5482
Medium-Low was approved by the Planning
East Density Single Family Residential/Expressway Commission at their Nov. 30,
Residential Area Overlay DistrictUrban Growth 2005 hearing [81-lot single family
Management residential subdivision])
Medium High T-P/UGM
West Density Trailer Park Residential DistrictUrban Single Family Residential
Residential Growth Mana ement
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.
REPORT TO THE PLANNING COM,.riSSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 3
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 Roosevelt Community Plan area including the Master Environmental Impact
Report (MEIR No. 10130) for the 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.
The proposed amendment of the adopted 2025 Fresno General Plan, has been determined to not be
fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act
(CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines
Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No.
10130 have been applied to the project, together with project specific mitigation measures necessary to
assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts
and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA
Section 15178(a). Therefore, it has been determined that based upon the evidence in the record that
the project will not have a significant impact on the environment and 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-04-23/R-03-76/T-5279/C-05-105 was published on September 8, 2005.
BACKGROUND / ANALYSIS
Vesting Tentative Tract Map No. 5279/UGM and Conditional Use Permit Application No. C-05-105
relate to approximately 17.5 acres of property located on the northwest corner of East Jensen and
South Peach Avenues. Vesting Tentative Tract Map No. 5279 proposes to subdivide the property into a
55 lot, multiple family subdivision. Conditional Use Permit Application No. C-05-105 proposes the
development of 144 units. The units will be developed as duplexes, while 17 of the 55 lots will be
developed with a total of four units a piece. The site will also provide some common open space in the
form of trails and a small park area. It should be noted that on November 1, 2005, the Fresno City
Council adopted Resolution No. 2005-476 (Plan Amendment No. A-05-23) and Ordinance No. 2005-31
(Rezone Application No. R-03-76), reclassifying approximately 4.5 acres of the subject property from the
office commercial and roughly 4.5 acres from the medium-high density residential planned land use
designations to the medium density residential planned land use, while the remaining 8.5 acres of the
17.5 acre subject site were already planned for medium density residential planned land uses, therefore
no change was proposed. In addition, the subject site was redesignated from the AE-5/UGM (Exclusive
Five Acre Agricultural/Urban Growth Managements zone district to the R-2/EA/UGM (Low Density
Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) zone district,
which is consistent with the medium planned land use designation pursuant to Section 12-403-B-2 of
the FMC.
REPORT TO THE PLANW.-, COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 4
According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied
within all community plans), the medium density residential planned land use designation allows 4.99 to
10.37 units per acre. Overall, the proposed subdivision density is 8.22 units per acre.
Surrounding land uses are characterized by a rural single family residence to the north, vacant property
to the east, semi-rural residences to the south, and a trailer park to the west. However, it should be
noted that with the exception of the property to the west, the subject property is largely surrounded by
rural and agricultural parcels and the area as a whole has not experienced urbanization in comparison
to other parts of the city. As a result the area lacks many services, such as retail centers.
Conditional Use Permit Application (CUP)
In addition to submitting a vesting tentative tract map, the applicant has also submitted CUP Application
No. C-05-105 for the subject property. According to Section 12-306-N-21 of the FMC, a CUP must be
obtained to create planned developments. The applicant is proposing a planned development, which
would facilitate the development of 144 units. The units will be developed as duplexes, while 17 of the
55 lots will contain four units each. However it should be noted that the majority of the parcels will share
drive approaches, thus, allowing additional landscape areas along the public streets in comparison to
each unit providing an individual drive approach. In addition, the project will provide some common
open space. The common open space will be located along the western property line in the form of a
trail and an approximately 6,900 square foot park along the eastern property line adjacent to South
Peach Avenue.
Roosevelt Community Plan
The subject property is located within the boundaries of the Roosevelt Community Plan. The Roosevelt
Implementation/Advisory Committee recommended approval of the subdivision map and conditional use
permit applications at their July 25, 2005 meeting, subject to the following conditions:
• The applicant shall landscape the trail when 25 percent of the subdivision is occupied.
• Provide anti-graffiti landscaping for the block walls.
• The subdivision should be gated. _
• A park should be provided along the trail along the western property line.
• Air-conditioning units shall not be roof mounted.
Staff has incorporated the majority of the Committee's comments, with the exception of requiring that
the landscaping be installed when 25 percent of the subdivision is occupied, nor did staff require that
the subdivision be gated. Staff did not require that the landscaping be installed upon occupancy of 25
percent of the units given that the city has adopted policies and regulations in place to ensure that the
landscaping be provided. Second, staff did not require that the subdivision be gated given that the
subdivision will provide access to a multi-purpose trail and requiring gates would restrict access and
would deter community members from using it to its full potential.
Land Use Plans and Policies
The subject property is designated for medium density residential planned land uses by the 2025
Fresno General Plan and the Roosevelt Community Plan. The 2025 Fresno General Plan's Urban Form
Element presents an overall objective for residential land uses (Objective C-11), that it be located, to
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 5
scale, and developed to meet housing needs in an affordable and balanced fashion. The proposed
project is consistent with General Plan Objective C-11, which directs that housing opportunities be
appropriately located, sized, and distributed to allow efficient access without compromising the
operational effectiveness of major streets and minimizing potential impacts on single family residences.
The subject property is located at the intersection of two major streets (i.e. Jensen and Peach Avenues),
and will not provide access through neighboring single family planned parcels prior to reaching a major
street. Furthermore, the site will be developed with single story buildings, in a scale similar to single
family residences.
Furthermore, as documented in the 2025 Fresno General Plan and the Fresno City Housing Element
adopted on June 18, 2002, housing affordability in the city is declining. Although the city has recently
experienced a greater than predicted increase in the number of new homes, increases in costs have
made it prohibitive for various individuals and families to purchase them. As a result, many families that
cannot purchase homes are forced to rent. General Plan Objective C-9 directs that the city plan for the
diversity and quality of residential housing, at locations necessary to provide for adequate and
affordable housing opportunities. Furthermore, it stresses that housing patterns be balanced and make
efficient use of public facilities. The applicant is proposing to develop the site with 144 multi family units,
which would provide housing for a segment of the population that may not be able to afford conventional
single family housing or that may prefer the benefits associated with renting. Furthermore, the site is
adjacent to a planned multi-purpose trail and bus stop which will provide residents various transportation
and recreational opportunities.
In addition, the 2025 Fresno General Plan and the 1992 Roosevelt Community Plan require that there
be assurance that public facilities and services be provided to accommodate demand increases or
characteristics (peak factors, disruptive traffic movements, fire suppression water demands, et al.) in a
manner that will maintain an acceptable level of service to the proposed use and surrounding
community in accordance with adopted plans and policies, and development standards. The
Department of Public Utilities, Fresno Fire Department, and Public Works Department have made the
necessary sewer, water, and circulation findings of availability for this urban development project subject
to compliance with project conditions reflecting City development standards and policies.
Because of the location of the subject property, its proximity to a bus stop and a multi-purpose trail and
the recent increase in the cost of housing, the proposed project will provide additional housing
opportunities to families, while still meeting the overall goals and objectives of both the 2025 Fresno
General Plan and Roosevelt Community Plan.
Circulation Element Plan Policies and Major Street System Traffic Capacity
y
As required by the mitigation measures established by the certification of MEIR No. 10130, a traffic
assessment was prepared by VRPA Technologies (dated May 18, 2005) to evaluate the number of
vehicle trips projected to be generated by the proposed project. Utilizing the 2000 Highway Capacity
Manual, and associated computer software together with the COG's computerized traffic model, this
analysis predicts the number of vehicle trips that will be generated from the proposed project and
surrounding planned land uses, and the direction in which these trips will travel.
The Traffic Impact Study (TIS) analyzed the intersections at East Jensen and South Peach Avenues,
and Jensen and the northbound and southbound on and off-ramps to State Route 99. Development of
approximately 144 residential dwelling units can be expected to generate an average of approximately
1,040 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 76 will occur during the
morning (7 to 9 a.m.) peak hour travel period and 99 will occur during the evening (4 to 6 p.m.) peak
REPORT TO THE PLANW,j COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 6
hour travel period. The project traffic study indicates that the majority (roughly 39 percent) of the peak
hour vehicle trips are expected to travel west via East Jensen Avenue while approximately 25 percent
will travel north via South Peach Avenue. Because much of the immediately surrounding area (i.e.
southernmost portion of the Roosevelt Community Plan Area) is not developed, the planned major
street and intersection improvements have not yet been completed as required by adopted plans,
policies and development standards. However, the proposed project, as well as other urban land uses
developed as planned by the 2025 Fresno General Plan will be required to construct the planned major
street system consistent with the public facility and service delivery requirements of the Urban Growth
Management Program. In addition, the developer of this project, in accordance with the mitigation
measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with
the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic
signalization of the major street intersections. In addition, the applicant will be required to signalize the
intersection at East Jensen and South Peach Avenues.
Trails
Pursuant to Exhibit 9 and Policies E-15-a, E-15-b, and E-15-x of 2025 Fresno General Plan, the
applicant will be required to construct and dedicate a multi-purpose trail along East Jensen Avenue.
The multi-purpose trail is planned to be 26 feet in width (36 feet from the curb to the acoustical wall),
which includes landscaping and shrubs to make it inviting and practical for trail enthusiasts and
individuals that may wish to use it for active modes of transportation. In addition, in an attempt to
connect the planned multi-purpose trail along East Jensen Avenue to the planned multi-purpose trail
along the south side of Fresno Irrigation District Central Canal No. 23 located approximately 1,000 feet
north of the northern boundary of the subject property, it is recommended that the applicant provide an
alternate connection from East Jensen Avenue north along the western boundary of the subject
property. Although this connection is not depicted on Exhibit 9 (Multi-purpose Trails Plan Map) of the
2025 Fresno General Plan, staff will require this connection given that the existing trailer home park and
Fresno Unified School District campus immediately to the west of the subject property are developed
and are unlikely to redevelop in the immediate future, thus portions of the multi-purpose trail would not
connect. Previously approved Vesting Tentative Tract Map No. 5436 located approximately 1,000 feet
north of the subject property will construct and dedicate a portion of the trail along the south side of the
canal, which will then continue south to the southern boundary of the proposed map No. T-5436 (see
Exhibit C, Conceptual alternate route of the multi-purpose trail). The applicant is proposing a 15 foot
wide trail along the western property line.
State Department of Transportation (Caltrans)
Although the City has met its legal obligations for addressing impacts to the state highway system for
purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway
system for projects such as this one. At this time the City is working with Caltrans to develop a legally
permissible means for collecting impact fees. A legally permissible means for collecting impact fees
under the Mitigation Fee Act (California Government Code §§60000, et seq.) among other things, would
require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property
owner/developer's proportionate share of costs to those capital improvements, and an accounting
system for using funds collected.
Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County
Council of Governments (COG) and Caltrans on a regional study for the greater Fresno-Clovis-Madera
Metropolitan area. This study may provide the nexus/rough proportionality study necessary for
REPORT TO THE PLANNING COM..aSSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 7
determining a developer's proportionate responsibility for capital improvements to the state highway
system.
In addition to a proportionate share study, a mechanism would be needed for the City to collect monies
and either hold those monies or hand over those monies to a separate agency for improvements to
facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in
developing such a mechanism, including using the model used by the City for collecting fees for FMFCD
and/or entering into a Joint Powers Authority or a Memorandum of Understanding. A condition has
been added to this tentative tract map to provide for collection of a "State Highway Facilities Fee,"
should the City and Caltrans reach agreement on these issues. The proposed condition requires that
the developer pay either (1) the amount proposed by Caltrans in their last letter of $2,635 or (2) the
amount determined appropriate as a pro rata share based upon the traffic study prepared for this project
(and any revisions) and the results of the COG Traffic Deficiency Study discussed above. The project
will be responsible for paying this fee prior to issuance of a building permit, but only if the City and
Caltrans have already entered into an agreement to collect this "State Highway Facilities Fee." The City
Attorney's office advises that, as a tentative map condition, this condition will remain when a Final Tract
Map is processed. The City Attorney's office has also indicated that the condition should remain as
originally written, that a "State Highway Facilities Fee" of any amount will only be collected when the
City and Caltrans have entered into an agreement.
Public Services
Water Resources and Public Water Supply
The Water Division of the Public Utilities Department has determined that there is an adequate source
of water available to serve the project with the implementation of the Urban Growth Management (UGM)
service delivery requirements, the environmental impact mitigation measures, and the construction of a
water supply well. It should also be noted that adverse groundwater conditions of limited supply and
compromised quality have been well-documented by planning, environmental impact report, and
technical studies over the past 20 years including the Master Environmental Impact Report No. 10130
for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, Final EIR
No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions
include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water
well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban
development occurring upgradient from the Fresno Metropolitan Area. However, if approved, the
proposed project would be required to contribute to short-term and long-range water supply and
distribution remediation projects in order to adequately address this deficiency, if approved.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project may eventually
be accommodated by their facilities. However, until such time the developer will be required to
construct temporary facilities as determined by the district.
Sewage Collection System Capacity
The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional
Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to
accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to
safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000
metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation
facilities will be required. However, sanitary sewer service is available to serve the site, subject to the
REPORT TO THE PLANN,. .i COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 8
mitigation measures imposed with the environmental assessment, and any necessary sewer main
extensions and connections.
Fire Protection Services
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. Fire service will be provided by
Fresno County Fire Station No. 87, which is located within two miles. City of Fresno Fire Station No. 15,
currently under construction, will be located at South Clovis Avenue and East Park Circle is within three
miles of the subject property. This fire station is expected to ultimately serve the development.
Subdivision Design/Streets and Access Points
This subdivision is proposed to have one access point to South Peach Avenue, while providing a
second emergency point of access to the same street. The Public Works Division, Traffic Engineering
Division and the Fire Department have indicated that the access is adequate.
Landscaping/Common Open Space
The applicant has proposed common open space at the entrance of the subdivision. The open space
will provide community open space area and will also serve as emergency access, if needed. It should
also be noted that the applicant will be required to construct the trails as described above. In addition,
each parcel will be required to provide 25 percent usable open space as defined by Section 12-306-N-
21-c-2 of the FMC. It should be noted that the FMC does not consider required street yards to be part
of the required open space. However, staff will credit the trail and community open space towards
meeting a portion of the 25 percent open space requirement.
Noise
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 DNL, and for interior living areas a noise level exposure
of not more than 45 dB DNL. Portions of the site are 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 by Brown-Buntin and Associates for the
project found the noise levels to be substantial in a report dated February 10, 2004.
The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic Noise
Prediction Model in addition to field measurements at the project-site. The outdoor noise level, without a
sound attenuation wall, is 69.0 dB DNL at a location 100 feet from the center of the roadway (East
Jensen Avenue), and 65.6 dB DNL at a location 60 feet from the center of the street (South Peach
Avenue). The study concludes that a 12-foot high wall is required along East Jensen Avenue, which
shall turn northward along the western property line for roughly 260 feet. The wall along the eastern
property line will gradually decrease from a 12-foot wall to a seven-foot high wall. The solid wall barrier
is expected to reduce the exterior noise level to 62.5 dB DNL at the first floor height, which is still above
the city's 60 dB DNL exterior noise level requirement. However, requiring a higher wall will create an
institutional appearance and is not practical. Furthermore, homes within the 70 dB DNL noise contour
will be limited to single story, thus the noise receiver will be lower than the wall which should help
mitigate some of the noise. It is expected that indoor noise standards will be met with the construction
of the sound wall and through building code requirements.
REPORT TO THE PLANNING COM...,3SION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 9
Setbacks
Given that the subject site is adjacent to a planned expressway (i.e. East Jensen Avenue), the project
must comply with the provisions of Section 12-244 (Expressway Area Overlay District) of the FMC. In
accordance with this section, the minimum building setback along this street shall not be less than 75
feet from the center line of the nearest moving traffic lane. Within this setback will be the required multi-
purpose trail, which will be separated from the proposed homes by the wall described above.
Lot Area and Dimensions
Policy 1-6.11-a of the Roosevelt Community Plan requires that the minimum parcel size necessary to
develop more than one dwelling unit on a site be 7,500 square feet, while the FMC requires that all lots
within the R-2 zone district provide a minimum lot width of 60 feet and depth of 100 feet, with the
exception of lots on curved streets (40 feet) and reversed corner lots. Staff will require that all of parcels
meet or exceed the minimum lot dimensions and lot area.
Conditional Use Permit Application Findings
Conditional Use Permit Application No. C-05-105 proposes the development of a 144-unit multiple
family residential planned development on the subject property. Based upon analysis of the conditional
use permit application and subject to the applicant's compliance with all of the conditions of approval
noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno
Municipal Code can be made.
1. All applicable provisions of this Code are complied with and the site of the proposed use is
adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls
and fences, parking, loading, recycling areas, landscaping, and other required features; and,
Conditional Use Permit Application No. C-05-105 will comply with all applicable codes, including
parking, landscaping, walls, etc., given that the special conditions of project approval will ensure
that all conditions are met. Furthermore, the site will provide a common open space area, which
will allow future tenants to interact and to enjoy passive recreational opportunities, rather than
conventional multiple family residential subdivisions which rarely offer such opportunities.
2. The site for the proposed use relates to streets and highways adequate in width and pavement
type to carry the quantity and kind of traffic generated by the proposed use; and,
Although the project will increase traffic in comparison to what exist today, vehicular traffic will be
directed towards East Jensen Avenue, a designated expressway, minimizing the impact on local
streets. Furthermore, the Public Works, Traffic Engin6ering Division reviewed the proposed
project and assessed the adjacent streets to ensure that the proposal would not have significant
impacts on traffic and the surrounding community.
3. The proposed use will not be detrimental to the public welfare or injurious to property or
improvements in the area in which the property is located. The third finding shall'not apply to uses
which are subject to the provision of Section 12-306-N-30 of the FMC.
The proposed use, a residential development, will not have a negative impact on either the subject
site, or neighboring properties given that the conditions of approval will ensure that the developer
meet the minimum standards. Furthermore, the applicant will be required to construct two trails,
REPORT TO THE PLANNi,,.3 COMMISSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 10
one along the western property line and the other along East Jensen Avenue providing an amenity
for community members to enjoy.
Tentative Tract Map Findings
The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed
subdivision not be approved unless the map, together with its design and improvements, is found to be
consistent with the General Plan and any applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding
Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to
provide for future passive and natural heating or cooling opportunities in the subdivision development
(Finding No. 6 below).
1. The proposed subdivision map, together with its design and improvements, is consistent with the
City's 2025 General Plan (there is not an applicable specific plan), because the Roosevelt
Community Plan designates the site for medium density residential planned land uses and the
project design meets the density and zoning ordinance criteria for development in this plan
designation. Furthermore, the applicant will be required to construct a trail and streets which will
increase travel options.
2. This site is physically suitable for the proposed type and density of development, because
conditions of approval will ensure adequate access and drainage on and off the site. Furthermore,
the Department of Public Works, Traffic Engineering has reviewed the project and has concluded
that the adjacent streets, coupled with the required improvements by the applicant, will be able to
accommodate the anticipated level of traffic generated by this project.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment, including fish, wildlife or their habitat, because
the site does not contain any unique nor endangered species.
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. Furthermore, the applicant will
provide common open space and a trail which will allow for active and passive recreational
activities, providing residents an opportunity to exercise and travel by active modes of
transportation.
5. The proposed subdivision design will not conflict with pubfic easements within or through the site,
because conditions of approval will assure noninterference with any existing or proposed public
easements. Furthermore, staff will require that the applicant provide an SBC telephone easement
for their facilities outside of the required landscape easements along the two major streets (i.e.
East Jensen and South Peach Avenues).
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.
REPORT TO THE PLANNING COMmiSSION
Vesting Tentative Tract Map No. 5279/UGM
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 11
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.
The subdivision map, based on the required findings for approval and subject to the recommended
conditions of approval, and the standards and policies of the 2025 Fresno General Plan and Roosevelt
Community Plan, complies with applicable zoning, subdivision, and UGM requirements.
Planning Commission action on the proposed tentative tract map and conditional use permit 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 Roosevelt 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. 5279/UGM and Conditional Use Permit Application No. C-05-105
are appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends
that the Planning Commission:
1. AFFIRM the City Council's November 1, 2005 adoption of the environmental finding of a mitigated
negative declaration for Environmental Assessment No. A-04-23/R-03-76/T-5279/C-05-105 dated
September 8, 2005.
2. APPROVE Vesting Tentative Tract Map No. 5279/UGM subject to compliance with the Conditions
of Approval February 15, 2006.
3. APPROVE Conditional Use Permit Application No. C-05-105 subject to compliance with the
Conditions of Approval February 15, 2006.
Attachments: Vicinity Map
2005 Aerial Photograph of Site -
Exhibit A, Proposed tentative tract map no. 5279 dated February 15, 2006
Exhibit B, Proposed Conditional Use Permit Application No. C-05-105
Exhibit C, Alternate route of the multi-purpose trail
Exhibit D, Proposed elevations and floor plans
Exhibit E, Letters from Caltrans dated July 19, 2005sand January 18, 2006
Conditions of Approval for T-5279/UGM dated February 15, 2006
Conditions of Approval for CUP Application No. C-05-105 dated February 15, 2006
Environmental Assessment No. A-04-23/R-03-76/T-5279/C-05-105 (Finding of a Mitigated
Negative Declaration) issued on September 8, 2005
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LEGEND K
j/ Subject Property %_ U.G.M.Area
VICINITY NIAI ' PLANNING & DEVELOPMENT
VESTING TENTATIVE TRACT MAP NO. 5279/UGM N DEPARTMENT
PLAN AMENDMENT NO.A-04-023 A.P.N.: 481-120-04
From Office Comm.to Med.High Density Resid. w F
REZONE APPLICATION NO. R-03-076 ZONE MAP: ?_654
From AE-5/UGM to R-2/BA/UGM
CONDITIONAL USE PERMIT NO. C-05-105 NOT TO SCALE BY/DATE: J.S. / 7-7-05
Northwest comer, Jensen and Peach Aves.
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dated February 15, 2006
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Exhibit E, Letters from Caltrans dated July 19, 2005
and January 18, 2006
1L
;TyTE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGPI Govemor
DEPARTMENT OF TRANS JRTATION
1352 WEST OLIVE AVENUE e
P.O. BOX 12616
FRESNO,CA.93778-2616 Exhibit E, Letter from Caltrans
PHONE (559)445-6666 Ftes your potiver!
FAX (559)438-4038 Be energy efficient!
TTY (559)488-4066
July 19, 2005
2131-IGR/CEQA
.6-FRE-99-18.6+/-
A-04-23,R-03-76 &T-5279
MORNING DEVELOPMENT II, LLC
Mr. Arnoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Rodriguez:
We havereviewed the application and revised Traffic Impact Study('TIS) for the 60-lot, 148-unit multi-
family residential subdivision located on the northwest corner of South Peach and East Jensen Avenues.
Caltrans has the following comments:
This letter supercedes our March 25,2005 comments on this project.
Caltrans concurs with the trip distribution/trip generation from the project's TIS. The revised TIS
indicates that 14 trips from this site would impact the State Route(SR) 99 interchange at Jensen Avenue
during..the evening peak travel periods. The traffic consultant also provided to us an analysis of the trips
impacting the individual ramps. As we have previously indicated,the northbound off-ramp to Jensen
Avenue will likely require an additional turn-lane.. The current estimated cost for this improvement is
$265,900. The traffic consultant has indicated that 5 trips from this project would impact the northbound
off-ramp.to Jensen Avenue. It is therefore estimated that this development's proportional share for
interim improvements to the SR 99 interchange at Jensen avenue should be $2,635 (see enclosed
spreadsheet).
The City should consider a transit alternative for this project. When combined with other residential
projects in the area, there is sufficient development to support transit,and early planning could make
such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express
(FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended -
transportation alternatives.
If you have any questions,please call me at(559)445-6666.
Sincerely,
MOSES.S=S .: _
Office of Transportation Planning -
District 6..
Enclosure
C: Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
STATE ROUTE 99/JENSEN INTERCHANGE
INTERSECTION
SS OFF-RAMP&JENSEN AVENUE NB OFF-RAMP&JENSEN AVENUE
EXISTING(TE) 510
FUTURE(TB} 1,015
P=T/(T8-TE) 0.20%
Construction Cost(C) $265,900
COST PER TRIP $527
TRIPS GENERATED 5
MITIGATION $0 $2.635 $2,635
Y.
ATTACHNMNT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES:
Ongoing development throughout the City of Fresno, including this project,will make
traffic operations significantly worse by adding considerably to delay and congestion.
Transit alternatives can help reduce congestion and delay and reduce overall degradation
of air quality and gridlocked intersections. The City of Fresno should focus on ways to
eliminate trips in addition to enhancing capacity. Transportation alternatives the City
should consider include standard highway solutions along with the following:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to
provide insight on ways of increasing transit usage.
3. .Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This mayhelp 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 carp ools/vanp ools or monthly transit
passes for employees as well as including as a condition of project approval a covered
transit stop as mitigation for project-related impacts to the transportation/circulation
system.
6. Exploring the potential for linking the purchase of a monthly transit pass with new
residential development as partial mitigation for congestion and air quality impacts,
and to ensure the long term viability of public transportation.
K
RA P RT T^N AND HOUSING AGENCY ARNOLD SCHWAR ENFCrFR.Governor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE d
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666
FAX (559)488-4088 ``'' Flex your power!
T7Y (559)488-4066 f`! ' Be energyef
cient!
January 18, 2006 �t 'D `
213 1-IGR/CEQA
p tilopMNT
6-FRE-99-18.6+/-
A-04-23, R-03-76
-FRE-99-18.6+/-
A-04-23, R-03-76 &T-5279
,MORNING DEVELOPMENT II, LLC
Mr. Arnoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Rodriguez:
We have reviewed the staff report for the proposed 60-lot, 148-unit multi-family residential
subdivision located on the northwest corner of S5outh'Peach and East Jensen Avenues., Caltrans
concurs,with the conditions of project approval as presented in the staff report. We appreciate
the opportunity to work cooperatively with the City.
Please provide a copy of this letter to the Planning Commissioners at tonight's meeting.
If you have any questions,please call me at (559) 445-6666.
Sincerely,
C--I .1r�Q ,
0
MOSES STITES _
Office of Transportation Planning
District 6 _
C: Ms.Barbara Goodwin, Council of Fresno County Governments
K
"Caltrans improves mobility across California-
��.� .........
s a xd
r. y\ •%,
�raa ac;�
RESOLUTION NO. 2005-476
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING THE 2025 FRESNO GENERAL PLAN AND THE ROOSEVELT
COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. A-04-23)
WHEREAS, on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the
2025 Fresno General Plan which correspondingly adopted the 2002 Roosevelt Community Plan and by
Resolution No. 2002-378 certified Master Environmental Impact Report No. 10130 which evaluated the
potentially significant adverse environmental impacts of urban development within the City of Fresno's
designated urban boundary line and extended sphere of influence; and, -
WHEREAS, Morning Development ll, LLC, applicant, filed an application to amend the land use
designation of the aforementioned plans, relating to approximately nine acres of property, of an overall
17.5 acre site,located on the northwest comer of East Jensen and South Peach Avenues,from the office
commercial (approximately 4.5 acres) and from the medium-high density residential (approximately 4.5
acres) planned land use designations to the medium density residential planned land use designation;
and,
WHEREAS,the environmental assessment conducted forthe proposed plan amendment resulted
in the filing of a mitigated negative declaration on September 8, 2005; and,
WHEREAS,on September 28,2005,the Fresno City Planning Commission held a public hearing ,
to consider Plan Amendment Application No.A-04-23 and associated mitigated negative declaration for
Environmental Assessment No. A-04-23/R-03-76/T-5279/C-05-105; and,
WHEREAS, the Fresno City Planning Commission took action, as evidenced in Planning
Commission Resolution No. 12312,to recommend approval of Plan Amendment Application No. A-04-23,
which proposes to amend the planned land use designation for the subject site from the office commercial
(approximately 4.5 acres)and from the medium-high density residential(approximately 4.5 acres)planned
land use designations to the medium density residential planned land use; and,
Abeud
Resolution No. 2005-476
Plan Amendment Application No. A-04-23
Page 2
November 1, 2005
WHEREAS,on November 1,2005,the Fresno City Council held a public hearing to consider Plan
Amendment Application No.A-04-23 and received both oral testimony and written information presented
at the hearing regarding Plan Amendment Application No. A-04-23.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, based upon the
testimony and information presented at the hearing and upon review and consideration of the
environmental documentation provided, as follows:
1. The Council finds that there is no substantial evidence in the record that Plan Amendment
Application No. A-04-23 may have a significant effect on the environment and hereby
adopts the mitigated negative declaration for Environmental Assessment No.A-04-23/R-03-
76/T-5279/C-05-105 dated September 8, 2005.
2. The Council finds the adoption of the proposed plan amendment as recommended by the
Planning Commission is in the best interest of the City of Fresno.
3. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-04-23
amending the 2025 Fresno General Plan and Roosevelt Community Plan from the office
commercial (approximately 4.5 acres) and from the medium-high density residential
(approximately 4.5 acres)planned land use designations to the medium density residential
planned land use designation as depicted on Exhibit A,attached hereto and incorporated
herein by reference.
Ill K
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH,City Clerk of the City of Fresno,certify that the foregoing Resolution was
adopted by the Council of the City of Fresno, California, at a regular meeting held on the
i cr day of Nnvamhar , 2005.
AYES: Calhoun, Duncan, Sterling, Dages
NOES: Boyajian, Westerlund
ABSENT: Perea
ABSTAIN: None
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM
HILDA CANTO MONTOY
City Attorney
x
By
Deputy
Plan Amendment Application No. A-04-23
Filed by Morning Development II, LLC
Assessor's Parcel No. 481-120-04
K:WASTER FLES•200a-PLAN AMENDLENTSIA-04-027,R-03-078,7-5279 SPEACHEIENSEN-ARVJULTI FAMLY SUBMf1TALWC AND CC REWS AND ORDMM-04-23-CC RESOLUTION.DOC
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910
VICINITY 31" PLANNING & DEVELOPMENT
VESTING TENTATIVE TRACT MAP NO.5279/UGM N DEPARTMENT
REZONE APPLICATION NO.R-03-076 A.P.N.: 491-190-04
�
CONDITIONAL + ` •
Northwest corner,Jensen and Peach Aves. NOT TOsSCALE
'' +
Recording Requested by:
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder's Office
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BY DagesSECONDED BY Sterling
�.,�-`:;• �`��
BILL NO. B-128
ORDINANCE NO. 2005-131
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING
THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE
ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE
FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY OF FRESNO
WHEREAS, Rezone Application No. R-03-76 has been filed by Morning Development II, LLC,
applicant, with the City of Fresno to rezone property as described hereinbelow; and,
WHEREAS, pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,the
Planning Commission of the City of Fresno held a public hearing on the 28h day of September, 2005,to
consider Rezone Application No. R-03-76 and related Environmental Assessment No.A-04-23/R-03-76/
T-5279/C-05-105, during which the Commission considered the environmental assessment and
recommended to the Council of the City of Fresno approval of the rezone application which proposes to
amend the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM
(Exclusive Five Acre AgriculturaUUrban Growth Management) zone district to the R-2/EA/UGM (Low
K
Density Multiple Family Residential/ExpresswayArea Overlay DlstficVUrban Growth Management)zone
district; and,
WHEREAS, the Council of the City of Fresno, on the 151 day of November, 2005, received
the recommendation of the Planning Commission.
G'r
Aid I
e4�"� tC
Ordinance Amending L,.icial Zone Map
Rezone Application No. R-03-76
Page 2
�. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided,the adoption of the proposed rezoning
is in the best interest of the City of Fresno. The Council finds in accordance with its own independent
judgment that there is no substantial evidence in the record that the rezoning may have a significant
effect on the environment as identified by the Mitigated Negative Declaration dated September 8, 2005,
prepared for Environmental Assessment No. A-04-23/R-03-76/T-5279/C-05-105. Accordingly,
Environmental Assessment No. A-04-23/R-03-76/T-5279/C-05-105 is hereby approved.
SECTION 2. The Council finds the staff proposed R-2/EA/UGM zone district is consistent with
the existing (approximately eight and one half acres) and the proposed medium density residential
planned land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the City of Fresno and shown on the Official Zone Map of the City of Fresno,is reclassified from
the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the
R-2/EA/UGM (Low Density Multiple Family Residential/ExpresswayArea Overlay District/Urban Growth
Managemeno zone district.
From AE-5/UGM to R-2/EA/UGM:
Lot 8, Newhall Tract, in the City of Fresno, County of Fresno, State of California, according to
the map thereof recorded in Book 2 Page 42 of record of surveys, Fresno County Records.
Except the south 46 feet, the east 10 feet of south 120 feet and a portion of the southeast
corner of said lot granted to the County of Fresno by deed recorded August 26, 1959,
document no. 59642.
APN: 481-120-04
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on
the thirty-first day after its passage.
� a J
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
1st day of November , 2005, by the following vote:
Ayes: Calhoun, Duncan, Sterling, Dages
Noes: Boyajian, Westerlund
Absent: Perea
Abstain: None
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Aa� gv�
By
Deputy
Rezone Application No. R-03-76
Filed by Morning Development II, LLC
Assessor's Parcel No. 481-120-04
x
KAMASTER FILES-20041-PLAN AMENDMENTSIA-04.023,R-03-078,7-5279 SPFACHEJENSEN—ARIMULTI FAMILY SUBMITTALIPC AND CC RESO'S AND ORDINW-03-78 CC
ORDINANCE BILL.DOC
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
FESRUARY15,2006
VESTING TENTATIVE TRACT MAP NO. 5279/UGM
NORTHWEST CORNER OF EAST JENSEN AND SOUTH PEACH 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 vesting tentative map. The Urban Growth Management
(UGM) Service Delivery Plan requirements are included in the following conditions of approval
and are designated by the caption "Urban Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5279/UGM entitled
"Exhibit A," dated February 15, 2006, the subdivider may prepare a Final Map in
accordance with the approved tentative map, and related Conditional Use Permit
Application No. C-05-105 for the subject property.
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 Utilitigs, 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.
4. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 2
5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
6. 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.
7. 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
and sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
8. 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 (FMC) 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.
9. 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.
10. Relinquish access rights to East Jensen and South Peach Avenues from all proposed
lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code.
11. Relinquish access rights to the streets and/or open space along the following property
lines:
Lot 1: The southern property line.
Outlot A: The northern property line.
Lot 38: The eastern property line.
Lot 55: The eastern property line.
12. Prior to final map approval, the owner of the subject property shall execute a "Right to
Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 3
acknowledge and agree that the subject property is in or near agricultural districts
located in the County and City of Fresno and that the residents of said property should
be prepared to accept the inconveniences and discomfort associated with normal farm
activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the
recording of the Final Map of Vesting Tentative Tract No. 5279/UGM.
13. Prior to final map approval, the owner of the subject property shall execute a shared
common access and drainage covenant with the City of Fresno. Said covenant is to run
with the land and shall acknowledge and agree that the subject property shall share the
common drive approaches and shall also share in the maintenance of such approaches.
The "Shared Access & Drainage" covenant shall be recorded prior to or concurrent with
the recording of the Final Map of Vesting Tentative Tract No. 5279/UGM.
Landscapina and Walls
14. Provide a 26-foot landscaped easement (and irrigation system) along the rear property
line of all lots which back-onto East Jensen Avenue. Ref. Section 12-1011-f-3 of the
Fresno Municipal Code.
15. Pursuant to Policy 1-5.8-a of the Roosevelt Community Plan the developer/owner shall
provide a 15-foot landscape easement (and irrigation system) along the property lines of
lots which back-onto South Peach Avenue. Ref. Section 12-10114--3 of the Fresno
Municipal Code.
16. Provide a 10 foot landscape easement along the south side of proposed lot 1. The
landscape easement may be the responsibility of the City's Community Facilities District,
as described below.
17. Outlot "A" on Exhibit A dated February 15, 2006 shall be used for landscaping and
recreational purposes and may also serve as an alternate emergency access road for
use by emergency response vehicles only, if necessary.
18. Pursuant to Exhibit 9 and Policies E-15-a, E-15-b, and E-1 5-x of 2025 Fresno General
Plan, and in accordance with Policies 3.2.1 and 3.2.2 and 3.2.3 of the 1990 Master Multi-
Purpose Trails Manual, within the limits of the tract, the developer/owner shall construct
appropriate improvements or provide appropriate security for a bicycle/pedestrian trail of
an appropriate width along East Jensen Avenue. The location and width of the trail may
be accommodated within and including the required public right-of-way and landscape
easement located between the curb face and the required solid masonry wall along East
Jensen Avenue and within and including the required public right-of-way. The required
right-of-way dedication and public trail easement shall be depicted on all future maps
and shall comply with all city standards, policies, and regulations. The trail plans must
be approved by the Public Works and the Planning and Development Departments.
19. The developer/owner shall construct appropriate improvements or provide appropriate
security for construction of a pedestrian trail and landscaping of 15 feet along the
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 4
western property line of the subject property. The public trail easement shall be depicted
on all future maps and shall comply with all city standards, policies, and regulations.
The trail plans must be approved by the Public Works and Planning and Development
Departments.
20. 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 DNL, and for
interior living areas a noise level exposure of not more than 45 dB DNL. Portions of the
site are 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.
In the acoustical analysis prepared by Brown-Buntin Associates, Inc., Inc. dated
February 10, 2005, the study recommended a 12-foot high solid masonry along East
Jensen Avenue The acoustical analysis used the Federal Highway Administration
(FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the
project site. The outdoor noise level, without a sound attenuation wall, is 69.0 dB DNL at
a location 100 feet from the center of the roadway (East Jensen Avenue), and 65.6 dB
DNL at a location 60 feet from the center of the street (South Peach Avenue). The study
concludes that a 12-foot high wall is required along East Jensen Avenue, which shall
turn northward along the western property line for roughly 260 feet. The wall along the
eastern property line will gradually decrease from a 12-foot wall to a seven-foot high
wall. The solid wall barrier is expected to reduce the exterior noise level to 62.5 dB DNL
at the first floor height, which is still above the city's 60 dB DNL exterior noise level
requirement. However, requiring a higher wall will create an institutional appearance
and is not practical. Furthermore, homes within the 70 dB DNL noise contour will be
limited to single story, thus the noise receiver will be lower than the wall which should
help mitigate some of the noise. It is expected that indoor noise standards will be met
with the construction of the sound wall and through building code requirements.
However, given that the design of the tentative map has been slightly modified and will
now include a 15 foot wide trail easement along the western property line, an amended
analysis shall submitted in a form acceptable to the Planning and Development
Department. Furthermore, construction plans for required wails showing architectural
appearance and location of all walls shall be submitted to the Planning and Development
Department for review prior to Final Map approval. K
21. No two-story homes shall be constructed along the southern property line (i.e. East
Jensen Avenue) per the acoustical analysis prepared by Brown-Buntin Associates, Inc.,
Inc. dated February 10, 2005.
22. Construct a solid masonry wall and corner cut-off along the southern property line of
proposed Lot 1 at the rear of the required landscape setback.
23. Provide a corner cut-off area at the intersections of South Peach and East Jensen
Avenues, South Peach and East Chapman Avenues; and, South Karen and East
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15,2006
Page 5
Chapman Avenues, and in accordance with Section 12-306-H-3-d of the FMC. Corner
cut-offs are established to provide an unobstructed view for vehicular and pedestrian
traffic approaching an intersection. They are a triangular area formed by the property
lines and a diagonal line adjoining points on the property lines, measured a specific
distance from the point of their intersection. At the intersections of streets, this distance
is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system),
and may be included within the City's Community Facilities District, unless within a
required homeowner's association.
24. 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.
25. Maintenance of the required landscape easements, streets, curbs and gutters,
sidewalks, medians, trails, proposed Outlot A and street furniture may be the
responsibility of the City's Community Facilities District. Contact the Public Works
Department, Engineering Services Division, at (559) 621-8695 for information regarding
the City's District. The property owners may petition the City for annexation to the City's
District prior to final map approval. If approved by City Council, the following features
may be maintained by the Community Facilities District see attached letter dated
December 23, 2004:
a. Landscaping and irrigation systems as approved by the Parks Department at the
following locations:
Within the street easements (including median to centerline) and the landscape
easement along the property lines that side or back-onto East Jensen and South
Peach Avenues; the landscaping easement along the south side of proposed Lot
1; and, the 15 foot wide multi-purpose trail along the western property line.
b. All local streets, curbs and gutters, sidewalks, medians and street furniture as
approved by the Public Works Department within the boundary of the map.
c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline)
within East Jensen and South Peach Avenues as approved by the Public Works
Department along the map frontage. `'
d. All street lights as approved by the Public Works Department within the boundary of
the map.
26. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, he/she shall be required to provide the City of Fresno, Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 6
the assessment. The developer/subdivider shall execute and record a covenant on
each lot providing notice that the subject property is subject to annual payment of
the Community Facilities District assessment.
27. Should the City Council not approve the annexation of any or all of the maintenance
items listed above, then the property owner/developer shall create a homeowner's
association for the maintenance of these items and proposed private streets, utilities,
and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) and the proposed instruments for the homeowners association shall be
submitted to the Planning and Development Department for review two 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 homeowners association for landscaping and other provisions as stated in the
Planning and Development Department Guidelines for preparation of CC&Rs dated
January 11, 1985.
28. 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.
Lot Dimensions
29. Pursuant to Section 12-212.5-B of the FMC (refers to Section 12-211.5-B), all lots within
the R-2 zone district must provide the following minimum standards:
Width
Interior lots: 60 feet
Corner lots: 65 feet
Reversed corner lots: 70 feet
Curved/cul-de-sac lots: 40 feet
Depth
Lots facing local streets: 100 feet
30. Not all of the proposed lots (i.e. 1 and 37) comply with the required minimum width and
depth standards for the R-2 zone district. Modify the proposed map in accordance with
the FMC.
Lot Area
31. Policy 1-6.11-a of the Roosevelt Community Plan requires that the minimum parcel size
necessary to develop more than one dwelling unit on a site be 7,500 square feet. Thus,
all parcels shall be a minimum of 7,500 square feet, and shall also meet the minimum lot
width and depth as described above.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006.
Page 7
Building Setbacks
32. Building setbacks shall be in accordance with the R-2/EA/UGM zone district.
33. Pursuant to Section 12-244.4-E (Expressway Area Overlay District) of the FMC, the
minimum building setback shall not be less than 75 feet from the center line of the
nearest moving traffic lane of the abutting expressway (i.e. East Jensen Avenue).
Information
34. 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.
35. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
36. 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 FMC Chapter 12, Article 10, Subdivision of Real Property.
37. 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 FMC.
38. If archaeological and/or animal fossil material is encountered during project surveying, _
grading, excavating, or construction, work shall stop immediately.
39. 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 Sheriffs 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.
40. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15,2006
Page 8
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
41. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a. A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d. The application shall be filed prior to the approval of the Final Map(s) by the City
and shall be accompanied by a fee in an amount specified in the Master Fee
Resolution for each separate lot, parcel, or interest into which the original assessed
lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to
pay all costs of the City and the Engineer of Work responsible for determining the
initial assessment in making the requested apportionment.
42. 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.
43. 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(see below-noted conditions). V
PARK SERVICE
44. Comply with the memorandum from Ann Lillie of the Public Works Department dated
August 4, 2005.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 9
Urban Growth Management Requirements
45. 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 FMC.
FIRE SERVICE
46. This project is within three miles from Fire Station No. 15 and FCFFD No. 87.
47. Provide residential hydrants and fire flows per Public Works Standards with two sources
of water.
48. Comply with the memoranda from the Fire Department dated July 20, 2005.
Urban Growth Management Requirements
49. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the
time of final map approval. This site is currently within a non-designated fee area.
SOLID WASTE SERVICE
50. The owners, lessees or other tenants of the residential dwellings on service day, before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
four feet apart and shall not block any vehicle accesses in accordance with the City of
Fresno's Solid Waste Management Division Standards.
51. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste
container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m.
on the collection day.
52. Comply with the memorandum from the Solid Waste Division Date February 3, 2006.
Note that entrances/exits gates must provide a minimum clearance of 18 feet on each
side.
53. Solid Waste service, including the size and number of required bins, collection areas (i.e.
trash enclosures), locations, etc. shall be providdd as approved by Solid Waste
Management Division and the Planning and Development Department Director.
STREETS AND RIGHTS-OF-WAY
54. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Act.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 10
55. 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.
56. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Pubic Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards);
b. Street Construction Plans; and,
c. Landscape and irrigation plans (median island and street trees within all
parkways).
57. The subdivider shall underground all existing off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-
522, 88-229.
58. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards for collector and local streets. Height, type, spacing, etc., of standards
and luminaires shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and
88-229 or any modification thereto approved by the City Traffic Engineer prior to Final
Map approval. Upon completion of the work by the subdivider and acceptance of the
work by the City, the street lighting system shall be dedicated to the City. Submit _
engineered construction plans to the Public Works Department for approval.
59. All dead-end streets created by this subdivision shall be properly barricaded in
accordance with City standards within seven days from the time the streets are surfaced
or as directed by the Engineer.
60. 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.
61. Comply with the memoranda from the Public Works Department, Engineering Division
dated August 4, 2005 (to the attention of VRPA Technologies) and November 23, 2004
to the attention of Arnoldo Rodriguez).
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 11
General Conditions
62. Provide handicap access ramps at all corners within the limits of this subdivision.
63. Underground all existing offsite overhead utilities with the limits of this map in
accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522/88-229.
64. Submit the following plans, as applicable, in a single package, to the Public Works
Department for review and approval: Street Construction, Signing, Striping, Traffic
Signal, Streetlight, Landscape and Irrigation.
FRONTAGE IMPROVEMENT REQUIREMENTS:
South Peach Avenue: Arterial Street
65. Dedicate 55-57 feet of property, from center line, for public street purposes within the
limits of this subdivision to meet the current City of Fresno Arterial Standards.
66. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
67. Construct 20 feet of permanent paving within the limits of this subdivision.
68. 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.
69. Relinquish direct vehicular access rights to South Peach Avenue from all lots and outlots
within this subdivision.
East Jensen Avenue: Expressway
70. Dedicate 65-67 feet of property, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Expressway Standards.
71. Construct concrete curb and gutter to Public Works Standard P-5. The parkway shall be
constructed to a 10 pattern. V,
72. Construct a pedestrian and bike trail, complete with lighting and landscaping, per the
2025 Fresno General Plan, Multi-Purpose Trails Plan and Public Works Standards P-59
and P-60. Identify route on the map and provide a cross section seven days prior to the
Planning Commission hearing. Construct an expressway barrier fence within the limits
of this subdivision, per Public Works Standard P-74 and P-75. Dedicate a 26 foot wide
bike/pedestrian easement. Submit lighting, signing and striping plan to Traffic
Engineering for approval.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 12
73. Construct 20 feet of permanent paving within the limits of this subdivision and transition
paving, as necessary.
74. Construct an 80 foot bus bay, curb and gutter at the northwest corner of East Jensen
and South Peach Avenues to Public Works Standard P-73, complete with a 10 foot
monolithic sidewalk.
75. A corner cut dedication is required.
76. 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-
10 for Expressways. Pay $4,825.00, cash in-lieu, for improvements to allow light to be
on the same circuit as city installed traffic signals.
77. Relinquish direct vehicular access rights to East Jensen Avenue from all lots within this
subdivision.
INTERIOR STREETS
78. 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 API Standards for 50 and
54 foot streets.
79. Any temporary dead-end streets created by this subdivision shall be properly barricaded
in accordance with the Pubic Works Standard P-44.
Specific Mitigation Requirements:
80. This tract will generate 76 a.m. / 99 p.m. peak hour trips, therefore, a Traffic Impact
Study (TIS) is required to comply with the mitigation measure requirements of the 2025
General Plan circulation element. Comply with the letter dated August 4, 2005.
81. The intersection of South Peach and East Chapman Avenues shall be limited to right-in
and right-out turns.
82. The first order of work shall include a minimum of two points of vehicular access to the
major streets for any phase of this development.
83. Any proposed medians shall comply with Public Works Standards.
84. Provide a cross access agreement for shared drive-approaches.
85. Provide a detail identifying the clearance for backing out of garages.
86. Re-draw the proposed driveways and sidewalks per Public Works Standard API-2.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 13
87. Pedestrian easements are required.
88. Identify full off-site improvements, dedications, etc. on the site plan for Conditional Use
Permit Application No. C-05-105.
Urban Growth Management Requirements
89. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees.
South Peach Avenue: Arterial
90. Dedicate and construct two 17 foot center section travel lanes and a raised concrete
median island within the limits of this subdivision. Construct a raised concrete median
with a 250 foot left and right turn pockets for southbound traffic at South Peach and East
Jensen Avenues. Details of said street shall be depicted on the approved tentative tract
map. Dedication shall be sufficient to accommodate arterial standards and any other
grading or transitions as necessary based on 45 mph design speed.
91. Dedicate sufficient right-of-way and construct additional paving for southbound to
northbound U-turns at the intersection of East Jensen and South Peach Avenues.
92. Design and construct a major street bridge at the intersection of South Peach Avenue
and the Central Canal No. 23 Canal (36). The Public Works Department will apply this
condition to a minimum of four other subdivision (not including this project) with each
subdivision being responsible for a fee no greater than 1/5 of the cost of said bridge.
The timing of the bridge construction shall occur prior to close out of this subdivision or
at such time that the city engineer deems necessary, whichever is earlier.
93. Install southbound loop detectors and associated conduits for the traffic signal at Peach
and Jensen.
East Jensen Avenue: Expressway
94. Dedicate and construct two 17 foot center section westbound travel lanes. Dedication
shall be sufficient to accommodate additional paving and any other grading or transitions
as necessary based on 55 mph design speed. x
95. Construct a raised concrete median with a 250 foot left turn pockets at all major
intersections within the limits of this map.
96. City to install traffic signals at the intersection of East Jensen and South Peach Avenues.
The developer shall pay all applicable traffic signal fees and shall provide an early
dedication of street right-of-way to allow signal installation.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 14
SANITARY SEWER SERVICE
97. The nearest sanitary sewer main to serve the project is a 60 inch main located in South
Peach Avenue. The following sewer improvements shall be required prior to providing
City sewer service to the project:
98. Sanitary sewer mains shall be extended within the tract to each lot created.
99. Separate sewer house branches shall be provided for each lot created.
100. Abandon all existing on-site private sewer septic systems in accordance with City
standards, specifications, and policies.
101. All public sewer facilities shall be constructed in accordance with Department of Public
Works standards, specifications, and policies.
102. Engineered improvement pians prepared to City Standards by a Registered Civil
Engineer are required for proposed additions to the sanitary sewer system.
103. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer
and submitted to the Department of Public Utilities for review and conceptual approvals
prior to submittal or acceptance of the developers final map and engineered plan &
profile improvement drawings for City review.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
Sewer Lateral Charge
Oversize Sewer Area: #35
Trunk Sewer Charge: Fowler
Wastewater Facilities Charge (Residential Only)
WATER REQUIREMENTS
104. The following water improvements shall be required prior to providing City water service
to the project:
105. Water mains (including installation of City fire hydrants) shall be constructed within the
tract to service each lot created.
106. Installation(s) of commercial public fire hydrant(s) are required in accordance with City
Standards.
107. Separate water services with meter boxes shall be provided to each lot created.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 15
108. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s)
shall be capable of producing a minimum total demand of 500 gallons per minute,
sufficient to serve peak water demand for the project. Well site(s) shall be of a size(s)
and at a location(s) acceptable to the Water Systems Manager. The cost of acquiring
the well site and construction of the well(s) shall be reimbursed from UGM Water Supply
Well Service Area Fund 501s, in accordance with established UGM policies (comply with
attached letter dated July 21, 2005)
109. Water well construction shall include wellhead treatment facilities, if required, and
provided there are sufficient funds available in the UGM Wellhead Treatment Fund for
the area. The cost of constructing wellhead treatment facilities shall be reimbursed from
UGM Wellhead Treatment Service Area Fund 501s, in accordance with established
UGM policies.
110. 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.
111. Public water facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
112. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the City Water System.
113. Seal and abandon existing on-site well in compliance with per the State of California
Well Standards, Bulletin 74-90 or current revisions issued by California Department of
Water Resources and City of Fresno standards.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
Wet-tie(s) and meter(s) installations to be performed by the City Water Division
Service Area: #501 s
UGM Water Supply Area: #501s K'
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
114. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 16
115. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM
improvements.
Right-of-Way Acquisition
116. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
117. 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.
118. 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.
119. 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.
120. 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
121. 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 October 7, 2005.
122. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven 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
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 17
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.
FRESNO IRRIGATION DISTRICT
123. The Fresno Irrigation District does not own, operate nor maintain any facilities on the
subject property.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
124. The developer/owner shall comply with the requirements in the letter from the San
Joaquin Valley Air Pollution Control District dated July 21, 2005.
COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH
125. The developer/owner shall comply with the requirements in the letter from the County of
Fresno, Department of Community Health dated July 13, 2005.
CALTRAN S
126. Prior to the approval of any Final Tract Map for this tentative tract map, the
subdivider/developer shall pay shares of cost for improvements to interchanges affected
by vehicular travel related to this subdivision. The following shares of cost were derived
by the California Department of Transportation (Caltrans) Division 6 Office of
Transportation Planning from its review of the Tract 5279 Traffic Impact Study.
$2,635 for impacts to the State Route 99/Jensen Avenue interchange
Imposition of this condition is dependent upon the City of Fresno and Caltrans having an
executed agreement for the City to collect and administer State Highway facilities fees
(Reference: letters from Caltrans District 6, dated July 19, 2005 and January 18, 2006,
copies attached.)
DEVELOPMENT FEES AND CHARGES
This project is subject to the following fees and charges:
K
SEWER CONNECTION CHARGES FEE RATE
1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
2. Oversize Charge $0.05/sq. ft. (to 100' depth)
3. Trunk Sewer Charge $344/living unit
Service Area: Fowler
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 18
4. Wastewater Facilities Charge $2,119/living unit
5. Copper Avenue Sewer Lift Station Charge n/a
6. Fowler Trunk Sewer Interim Fee Surety n/a
7. House Branch Sewer Charge n/a
8. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
9. 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.
10. Frontage Charge $6.50/lineal foot
11. Transmission Grid Main Charge $643/net acre
12. Transmission Grid Main Bond Debt
Service Charge $243/net acre
13. UGM Water Supply Fee $582/living unit
Service Area: 501-S
14. Well Head Treatment Fee $238/living unit
Service Area: 501
15. Recharge Fee $75/living unit
Service Area: 501
16. 1994 Bond Debt Service $244/living unit
Service Area: 501
DEVELOPMENT IMPACT FEE Ic
17. Northeast Fresno Policing Area n/a
18. Traffic Signal Charge $414.69/living unit �g 9.
URBAN GROWTH MANAGEMENT FEE RATEICHARGE* --
19. UGM Fire Station Capital Fee $605/gross acre
Service Area: 15
Conditions of Approval
Vesting Tentative Tract Map No. 5279/UGM
February 15, 2006
Page 19
20. UGM Park Fee $2,392/gross acre
Service Area: 2
21. Major Street Charge $3,161/adj. acre
Service Area: D-1/E-2
22. Major Street Bridge Charge $304/adj. acre
Service Area: D-1/E-2
23. UGM Grade Separation Fee n/a
24. Trunk Sewer Charge n/a
Service Area: Fowler
25. *Street Acquisition/Construction Charge n/a
K Waster Files-20041—PIAN AMENDMENTSW-04-023,R-03-076,T-5279 SPeechEJensen—AR\Mul6 Family Subn ittaINCOXCOA-T-5279-February 15,2006.doc
K
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
FEBRUARY 15, 2006
CONDITIONAL USE PERMIT APPLICATION NO. C-05-105
PART A- PROJECT INFORMATION
1. Assessor's Parcel No: 481-112-04
2. Zone Map No: 2654
3. Job Address: Vesting Tentative Tract Map No. 5279/UGM
4. Street Location: Located on the northwest corner of East Jensen and South Peach
Avenues
5. Existing Zoning R-2/UGM (Low Density Multiple Family Residential District/Urban
Growth Management) (per Rezone Application No. R-03-76)
6. Planned Land Use: Medium Density(per Plan Amendment No. A-04-23)
7. Plan Areas: Roosevelt Community Plan Area
8. Project Description: Proposal to construct 144 multiple family residential units.
PART B -GENERAL CONDITIONS AND REQUIREMENTS
The Planning Commission on February 15,2006,approved the special permit application subject to
the enclosed list of conditions and Exhibit A dated February 15, 2006.
An environmental assessment/initial study was conducted and resulted in a mitigated negative
declaration, dated September 8, 2005. The mitigated negative declaration was published in the
Fresno Bee commencing a 20-day public review and comment period on September 8, 2005.
IMPORTANT: PLEASE READ CAREFULLY
x
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on adopted City plans and policies,those determined through site
plan review and environmental assessment essential to mitigate adverse effects on the environment
including the health, safety, and welfare of the community, and recommended conditions for
development that are not essential to health, safety, and welfare, but would on the whole enhance
the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 2
mandatory and may only be modified by variance, provided the findings pursuant to Fresno
Municipal Code (FMC) Section 12-405.A can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Director within 15 days.
In the event you wish to appeal the Director's decision or discretionary conditions of approval, you
may do so by filing a written appeal with the Director. The appeal shall include a statement of your
interest in or relationship to the subject property, the decision or action appealed and specific
reasons why you believe the decision or action appealed should not be upheld. Your appeal must
be filed by
Approval of this special permit shall be considered null and void in the event of failure by the
applicant and/or the authorized representative, architect, engineer, or designer to disclose and
delineate all facts and information relating to the subject property and the proposed development
including, but not limited to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures,
signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the
subject property and all of the preceding which are located on adjoining property and may
encroach on the subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses of the subject property;
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is
not completed in accordance with all the conditions and requirements imposed on this
special permit, the Zoning Ordinance, and all Public Works Standards and Specifications.
The Planning and Development Department shall not assume responsibility for any deletions
or omissions resulting from the special permit review process or for additions or alterations
to construction plan not specifically submitted and reviewed and approved pursuant to this
special permit or subsequent amendments or revisions.
No uses of land, buildings, or structures other than those specifically approved pursuant to this site
plan shall be permitted. (include this note on the site plan.)
Transfer all red line notes, etc., shown on all original site plan exhibits to the final site plan.
CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE
LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.
The exercise of rights granted by this special permit must be commenced by February 15, 2010,
(four years from the date of Planning Commission action). There is no exception.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 3
To complete the back-check process for building permit relative to planning and zoning
issues, submit eight copies of this corrected, final site plan,together with six copies of the
elevations, landscape, and irrigation plans, and any required covenants and/or studies or
analyses to the Planning Division, Current Planning Section, for final review and approval,
ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site
plan, elevations, landscape, and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt
and substitution of the four copies of the stamped, corrected, approved exhibits in the plan
check sets. Contact Amoldo Rodriguez at (559) 621-8633 or via e-mail at
Arnoldo.Rodriguez@fresno.gov to schedule an appointment.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees,
dedication, reservations or exactions for this project are subject to protest by the project applicant at
the time of approval or conditional approval of the development or within 90 days after the date of
the imposition of the fees, dedications, reservation or exactions imposed on the development
project.
This notice does not apply to those fees, dedications, reservations or exactions which were
previously imposed and duly noticed; or, where no notice was previously required under the
provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due
to omission or misrepresentation of information, for which this review process is dependent, will be
imposed whenever such conditions are disclosed. K
Questions relating to dedications, street improvements or off-street parking lot geometrics may be
directed to Greg Jenness at(559)621-8812 of the Public Works Department, Engineering Division.
STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS
a) Exhibit A is required to include all street furniture, e.g.: public utility poles and boxes,guy
wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash
receptacles, tree wells, etc., within the existing and proposed public rights of way.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 4
b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages
of the property as required by Title 24 of the Califomia Administration Code. An on-site
pedestrian easement may be required if Title 24 requirements can not be met within the
existing public rights of way.
c) The construction of any overhead, surface or sub-surface and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the
Public Works Department, Engineering Division,Special Districts/Projects and Rights-of-
Way Section. Encroachment permits must be approvedrp 'or to the issuance of building
permits. Please call (559) 621-8693 for additional information.
STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street construction plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
(including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by
the Public Works Department, Engineering Services Division, prior to commencement of the work.
All required street improvements must be completed and accepted by the City prior to occupancy.
You may contact (559) 621-8686 for additional information.
d) Repair all damaged and/or off grade off-site concrete improvements as determined by
the Public Works Department, Construction Management Division. For additional
information you may call (559)621-5500.
e) Install sidewalk and concrete approaches to City Standard Specifications within all street
frontages as identified on Exhibit A dated February 15,2006. Plans shall be prepared by
a registered Civil Engineer.
f) Install wheel chair ramps at all intersections.
g) Underground all existing off-site overhead utilities within the limits of this site as per FMC
Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229.
h) Submit the following as a single package to the Public Works Department Engineering
Division, Plan Check and GIS Mapping Section for review and approval, prior to
issuance of building and street work permits: Street Improvement Plans, Signing and
Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional
information call (559) 621-8682.
OFF-STREET PARKING FACILITIES AND GEOMETRICS
i) Off-Street(on-site)parking facilities and geometrics shall conform to the City of Fresno,
Public Works Department, Parking Manual Standard Specifications, P-41, P-42 and P-
43.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 5
j) Provide parking space needs, circulation, access,directional signs(e.g. Entrance, Exit,
Right Tum Only, One-Way, etc. signs).
SURVEY MONUMENTS AND PARCEL CONFIGURATION
k) Existing survey monuments shall be preserved and if disturbed, shall be reset by a
person licensed to practice land surveying in the State of California.
URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS
The project site is located within the Major Street Zone E-1, Urban Growth Management (UGM)
area. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this
development will be calculated during the building plan check process. Building permits can not be
issued until the UGM requirements have been satisfied.
PART D -PLANNING/ZONING REQUIREMENTS
1) PLANNING
a) Development is subject to the following plans and policies:
i) Roosevelt Community Plan
ii) 2025 Fresno General Plan
iii) R-2, Low Density Multiple Family Residential District (Section 12-212 of the Fresno
Municipal Code, hereinafter referred to as the FMC)
2) ZONING
a) Development is proposed in accordance with the existing R-2/UGM (Low Density Family
Residential DistricbUrban Growth Management).
b) Include a color and material schedule on the site plan, as well as on the elevations, for the
exterior of all buildings and structures, including the proposed maintenance room.
c) Pursuant to Policy numbers C-204,C-21-a,C-21-b,and C-21-c of the 2025 General Plan,all
proposed buildings shall include design features and decorative treatments. Visible sides of
buildings shall not be developed with featureless"blank"walls. This may be accomplished
by varying the building footprint with indentations, projections, offsets, different building
materials, or adding polyfoam with a stucco finish to add visual interest and to break up
monotonous walls.
d) All elevations shall be subject to review and approval.
3) POPULATION DENSITY(Residential Proiects)
a) Policy 1-6.11-a of the Roosevelt Community Plan requires that the minimum parcel size
necessary to develop more than one dwelling unit on a site be 7,500 square feet. Thus, all
parcels shall be a minimum of 7,500 square feet,and shall also meet the minimum lot width
and depth as described above. Clearly state the exact area of the subject site (in square
feet) on Exhibit A.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 6
b) Pursuant to Section 12-212.5-C-1 of the FMC,for lots not having less than 6,000 square feet
in lot area, there may be one dwelling unit for each 2,700 square feet of lot area, plus one
dwelling unit for any remaining area of less than 2,700 square feet and more than 1,350.
4) BUILDING HEIGHT
a) The maximum allowable building height within the R-2 zone district is two and one half
stories, not to exceed 35 feet(Section 12-212.5-d-1 of the FMC). Depict the proposed
height of each building on the elevation plans.
b) No buildings shall exceed one story within the 70 dB area as depicted in the acoustical
analysis prepared by Brown-Buntin Associates Inc., dated February 10, 2004 (revised
August 17, 2004)
5) LOT COVERAGE
a) The maximum lot coverage by buildings and structures shall not exceed 50 percent of
the total lot area (Section 12-212.5-g of the FMC).
b) Provide calculations of all proposed building areas, including garages, and their lot
coverage.
6) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING
a) Provide the following minimum building setbacks:
i) Pursuant to Section 12-212.5-E-2 of the FMC,each lot shall have a front yard of not less
than 18 feet extending across the full width.
ii) Pursuant to Section 12-212.5-E-3-A of the FMC,provide a minimum side yard of five feet
for all parcels.
iii) Pursuant to Section 12-212.5-E-3-B of the FMC, provide a minimum street side yard of
10 feet for comer parcels.
iv) Provide minimum rear yards as depicted on Exhibit A dated February 15, 2006.
b) Provide the following minimum landscaped areas: K
i) Each lot shall have a front yard of not less than 18 feet extending across the full width.
ii) Each corner lot shall have a street side yard of 10 feet along.
iii) Note that Pursuant to Section 12-306-E of the FMC, interior side and rear yards may be
used for parking, however there shall be a solid masonry wall of six feet along the area
used for off-street parking.
c) The number of trees will be determined by the following formula:
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 7
Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at
maturity)for each parking space, plus one medium sized tree for each residential unit.
NOTE: Two small trees(15-30 feet at maturity)shall be counted as one medium-sized tree.
d) Refer to the attached"Performance Standards for Parking Lot Shading,"for the tree list and
further details.
e) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to
reduce the natural height or overall crown of the tree,except as necessary for the health of
the tree and public safety; or as may otherwise be approved by the Planning and
Development Department. (Include this note on the site and landscape plans.)
f) Submit six copies of landscaping and irrigation plans prepared by a landscape professional,
showing the number and types of trees, to the Planning Division. These plans must be
reviewed and approved prior to obtaining building permits.
g) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on
Occupancy shall be placed on the proposed development until such time that landscaping
has been approved and verified for proper installation by the Planning Division. (Include this
note on the site and landscape plans.)
h) Prior to final inspection,a written certification,signed by a landscape professional approved
by the Director,shall be submitted stating that the required landscaping and irrigation system
was installed in accordance with the landscaping and irrigation plans approved by the
Planning Division, Development Department. (Include this note on the site plan.)
7) OPEN SPACE
a) Pursuant to Section 12-306-N-D-2 of the FMC, provide the following open space:
A minimum of twenty-five percent of the site area shall comprise of usable open space for
residents of the development, provided that the Director may permit a ten percent reduction
in this standard in unusual circumstances where it is demonstrated that the amount of open
space provided is adequate to meet the needs of residents of the development. Required
front yards and street side yards shall not be considered part of the twenty-five percent open
usable space. Usable open space shall include rear yards, interior side yards and
landscaped areas between units and pathways, provided that each of them meet the
minimum width and depth requirements set forth below. Usable open space shall also
include private patios and balconies. Driveway and parking areas, indoor living areas of
dwelling units, garages, carports, equipment rooms, utility rooms and any other buildings
used for the maintenance of the development shall not be considered as part of the usable
open space. The Director may permit a portion of the twenty-five percent open space
standard to be provided off-site if such area is available for the exclusive use of residents of
the development. The minimum dimensions of a usable open space shall be eight feet by
eight feet. On lot frontages greater than four hundred feet, at least one dimension of the
usable open space shall be equal to two percent of the frontage length. Clearly depict(and
identify) all open areas on Exhibit A, as well as open space calculations.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 8
b) Credit for the minimum twenty-five percent open space may be given for the proposed open
space and trail on a parcel for parcel basis, however,credit may not be transferred amongst
parcels.
c) Clearly identify all condensing units, air conditioning and heating units on the site and
elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be
visible from the public right-of-way or shall be placed on the ground outside of required
yards.
d) No structures of any kind (including signs)may be installed or maintained within the above-
landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the
backflow prevention device), etc., are allowed to be located in the landscape areas or
setbacks or on the street frontages of the buildings. All transformers,etc.,shall be shown on
the site plan. The backflow device shall be screened by landscaping or such other means
as may be approved. (Include this note on the site plan.)
8) SPACE BETWEEN BUILDINGS
a) The minimum space between buildings shall be provided (Section 12.215.5-F of the FMC):
i) For buildings side to side the minimum shall be 10 feet.
ii) For buildings rear to side, front to side, with entries or exits into space, the minimum
shall be 20 feet.
iii) In no event shall the minimum space between main buildings be less than 10 feet.
iv) Garages and other non-dwelling structures shall not be located less than six feet from
any main building, unless it is attached with the main building.
9) FENCES, HEDGES, AND WALLS
a) Temporary fences to secure projects under construction are allowed. Any temporary fence
shall be adequately secured and constructed to prevent overturning due to wind,vandalism,
and/or casual contact by the general public. The construction shall be performed in such a
manner as to minimize any potential safety hazard,which may occur as a result of improper
fence installation or damage to the fence.
ti
b) Only those fences as shown on the site plan shall be reviewed for approval.
c) 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 DNL, and for interior living areas
a noise level exposure of not more than 45 dB DNL. Portions of the site are 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.
In the acoustical analysis prepared by Brown-Buntin Associates, Inc., Inc. dated February
10, 2004,the study recommended a 12-foot high solid masonry along East Jensen Avenue
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 9
The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic
Noise Prediction Model in addition to field measurements at the project site. The outdoor
noise level, without a sound attenuation wall, is 69.0 dB DNL at a location 100 feet from the
center of the roadway(East Jensen Avenue),and 65.6 dB DNL at a location 60 feet from the
center of the street(South Peach Avenue). The study concludes that a 12-foot high wall is
required along East Jensen Avenue,which shall turn northward along the western property
line for roughly 260 feet. The wall along the eastern property line will gradually decrease
from a 1.2-foot wall to a seven-foot high wall. The solid wall barrier is expected to reduce the
exterior noise level to 62.5 dB DNL at the first floor height,which is still above the city's 60
dB DNL exterior noise level requirement. However, requiring a higher wall will create an
institutional appearance and is not practical. Furthermore, homes within the 70 dB DNL
noise contour will be limited to single story,thus the receiverwill be lower than the wall which
should help mitigate some of the noise. It is expected that indoor noise standards will be
met with the construction of the sound wall and through building code requirements.
However, given that the design of the tentative map has been slightly modified and will now
include a 15 foot wide trail easement along the western property line, an amended analysis
shall submitted in a form acceptable to the Planning and Development Department.
Furthermore, 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.
e) No two-story homes shall be constructed along the southern property line(i.e. East Jensen
Avenue) per the acoustical analysis prepared by Brown-Buntin Associates, Inc., Inc. dated
February 10, 2004.
f) Construct a solid masonry wall and corner cut-off along the southern property line of
proposed Lot 1 at the rear of the required landscape setback.
10)OFF-STREET PARKING
a) When there are more than two dwelling units on a single lot there shall be one and one-half
parking spaces for each dwelling unit, one of which shall be in a carport or garage (Section
12-306-1-6-D of the FMC).
b) Lighting where provided to illuminate parking areas shall be hooded and so arranged and
controlled so as not to cause a nuisance either to highway traffic or to the living environment.
The amount of light shall be provided according to toe standards of the Department of
Public Works. Depict all proposed lights on the site plan and elevation plans.
11)ACCESS
a) Vehicular and/or pedestrian access shall be provided and shall remain clear at all times.
12)COVENANTS AND AGREEMENTS
a) Prior to final map approval,the owner of the subject property shall execute a shared access
and drainage covenant with the City of Fresno. Said covenant is to run with the land and
shall acknowledge and agree that the subject property shall share the common drive
Conditions of Project Approval
Conditional Use Permit Application No..C-05-105
February 15, 2006
Page 10
approaches and shall also share in the maintenance of such approaches. The "Shared
Access" covenant shall be recorded prior to or concurrent with the recording of the Final
Map of Vesting Tentative Tract No. 5279/UGM.
13)OUTDOOR ADVERTISING
a) Signs, other than directional sicros, if applicable, are not approved for installation as part of
this special permit. Submit for a separate Master Sign Program or Sign Review Application.
Applications and requirements for submittal are available at the Planning Division's Public
Front Counter.
b) In an effort to prevent potential problems with the flow of traffic in the area, directional signs
may be installed at each project entrance, which is located on a major street. The signs
shall not exceed 24 square feet in area or 8 feet in height and shall contain a directional
arrow and business name and/or address. These signs must be approved as part of a
Conditional Use Permit, but are not required as part of a Sign Review Application nor a
Master Sign Program Application. Depict all proposed signs on the site plan.
PART E -CITY AND OTHER SERVICES
14)FIRE PROTECTION REQUIREMENTS
a) Comply with the memoranda from the Fire Department dated July 20, 2005.
15)TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS
a) Comply with the requirements of the attached Public Works memoranda dated November
23, 2004 and August 4, 2005.
16)SOLID WASTE COLLECTION
a) Comply with the attached Solid Waste Management memorandum dated February 3,2006.
17)POLICE PROTECTION REQUIREMENTS
a) The City of Fresno Police Department offered no comments.
18)PUBLIC UTILITIES REQUIREMENTS ,
a) Comply with the attached Public Utilities requirements memorandum, dated July 21, 2005.
19)HEALTH PROTECTION REQUIREMENTS
a) Comply with the County of Fresno, Health Department memorandum dated July 13, 2005.
20)FLOOD CONTROL REQUIREMENTS
a) Comply with the attached Fresno Metropolitan Flood Control District memorandum, dated
October 7, 2005. Indicate all easements on Exhibit A.
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 11
21)SCHOOL FEES
a) School fees must be paid prior to issuance of building permits. (Contact Fresno Unified
School District.) Provide proof of payment(or no fee required) prior to issuance of building
permits.
22)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum,
dated July 21, 2005.
23)DEPARTMENT OF PUBLIC WORKS, STREET TREES DIVISION
a) Comply with the attached memorandum from Ann Lillie from the Public Works Department
dated August 4, 2005.
24)CALTRANS
a) Prior to the approval of any Final Tract Map for this tentative tract map, the
subdivider/developer shall pay shares of cost for improvements to interchanges affected by
vehicular travel related to this subdivision. The following shares of cost were derived by the
California Department of Transportation (Caltrans) Division 6 Office of Transportation
Planning from its review of the Tract 5279 Traffic Impact Study.
$2,635 for impacts to the State Route 99/Jensen Avenue interchange
Imposition of this condition is dependent upon the City of Fresno and Caltrans having an
executed agreement for the City to collect and administer State Highway facilities fees
(Reference: letters from Caltrans District 6, dated July 19, 2005 and January 18, 2006,
copies attached.)
PART F - MISCELLANEOUS _
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits (dated February 15, 2006)and the
following:
y
1) Roof-mounted and detached mechanical equipment for commercial and office uses shall be
screened from view and acoustically baffled to prevent the noise level rating for the equipment
from exceeding 55 Ldn measured at the nearest property line. (Include this note on the site
plan.)
2) If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
3) If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in origin,
the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately
Conditions of Project Approval
Conditional Use Permit Application No. C-05-105
February 15, 2006
Page 12
contacted, and the California Archaeological Inventory/Southem San Joaquin Valley Information
Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project,the site shall
be formally recorded,and recommendations made to the City as to any further site investigation
or site avoidance/preservation. (Include this note on the site plan.)
4) If animal fossils are uncovered,the Museum of Paleontology, U.C.Berkeley shall be contacted to
obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment
and,if the paleontologist determines the material to be significant,it shall be preserved. (Include
this note on the site plan.)
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Department Director within 15 days.
KAMaster Files-20041—PLAN AMENDMENTSIA-04-023,R-03-076,T-5270 SPeachEJensen—AR1Multi Family SubmittaRCOA C-05-105 February 15,2006.doc
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K
City of
left
rFIk s: OR
PUBLIC WORKS DEPARTMENT
DATE: December 23, 2004
TO: ARNOLDO RODRIGUEZ, Planner III
Planning and Development Department
FROM: JOE PAFF, Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5279 AND COMMUNITY
FACILITIES DISTRICT
1. If approved by Council, the following features may be maintained by a Community Facilities
District.
■ Maintenance of all Landscaping and Irrigation systems as approved by the Public
Works Department within the street easements (including median to center of median)
and the landscape easements (including trails) that side or back-onto E. Jensen and S.
Peach Avenues.
■ Maintenance of all Curbs, Gutters, Sidewalks, Median Curbs (to center of median), and
Street Furniture (to street centerline)within E. Jensen and S. Peach Avenues and
bordering the tentative map.
■ Maintenance of all interior local Street Pavement, Curbs, Gutters, Sidewalks, Medians
and Street Furniture as approved by the Public Works Department within the boundary
of the tentative map.
■ Maintenance of all Street Lights as approved by the Public Works Department within
the boundary of the tentative map.
■ Maintenance of all Street Trees as approved by the Public Works Department within the
boundary of the tentative map.
2. Should the owner/developer choose to not be included within a CFD for the maintenance of the
items listed in section 1 above, the property owner/developer shall privatize all common areas,
including streets, within the tentative map and provide for the maintenance of all of the above
items by the property owners.
x
Any change affecting the Items in these conditions requires revision of this letter.
If you have any questions, please call me at 621-8695
c:PW File No. 10770 File:lwordlcfd2lttmapreview\tt5279
D E P A R T M E T O F P U B L 1 .. W O R K S
TO: Arnold Rodriguez, Planner III
Planning Division
FROM: Ann Lillie, Senior Engineering Technician (559.621.8690)
DATE: August 4, 2005
SUBJECT: Tentative Subdivision Map T-5279 (Located Northwest comer of East Jensen and
South Peach Avenues)
The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Morning
Development rI,LLC,on engineering plans prepared by Inrles-Braun&Associates.dated April 6.2005. The
Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and
Median Island Landscape conditions.
GENERAL,REQUIREMENTS
STREET TREES REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages and the dedication
planting and buffer landscaping easements. Street trees shall be planted at the rate of one tree for
each 60'of street frontage. Tree planting shall be within a 10'Planting and Public Utility Easement.
Street trees shall be planted by the Developer. The subdivider is required to provide automatic drip
irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23.
Recommended tree species to be planted as follows:
STREET NAME STREET TREE SPECIES/COMMON NAME
East Jensen Avenue Fraxinus americana`Autumn Purple'-Autumn Purple Ash
South Peach Avenue Pistacia chinensis- Chinese Pistache
2. Street Tree Planting by Developer: For those lots having internal street tree frontage available
for street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree
per lot having street frontage,whichever is greater.
a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree
per Iot whichever is greater.
b. Street trees shall be planted in accordance with the City of Fresno,Department of Public
Works"Standard Specifications."
c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall
be reviewed and approved by the Department of Public Works,Engineering Services. A street
tree planting permit shall be required for all residential street tree planting.
d. Performance and payment securities,paid with final map,will be released when all
landscaping installed on public and/or city controlled property is in conformance with the
Specifications of the City of Fresno.
e. Upon acceptance of the required work,warranty security shall be furnished to or retained by
1
the city for guar, f and warranty of the work for a period of- -nety days following acceptance.
BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS
1. The subdivider is required to provide long term maintenance for the landscape in the landscape
easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities
District, or may form a Home Owner's Association.
2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and
Irrigation plans are required and shall be submitted to the Department of Public Works for review and
approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be
included in the Department of Public Works street construction plan set for the final map. These fees
are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's
Community Facilities District.
1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City
Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23
&24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer
landscpLping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer
and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a
more uniform appearance on the street. Variances in the landscape concept will be acceptable,but
the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much
as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be
placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level
ground between the slope and the back of the side walk and/or face of fence. Erosion control
measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control
netting in combination with ground cover species. approved by the Department of Public
Works/Engineering Services Division.
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 water well sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
MEDIAN ISLAND LANDSCAPE REQ UIREMENTS
K
1. When median islands front onto the proposed development project, applicants shall be required to
submit plans showing the location and configuration of all median islands fronting the proposed
project for review and evaluation for median island landscaping requirements. Existing utilities,
including,but not limited to city water lines/service points, sanitary sewer,storm drains, electrical
lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities, and other
miscellaneous landscape features shall also be clearly defined. If a new median is required by the
Traffic Division,the median island landscaping shall be applied as per FMC section 12-306-24. The
Public Works Department requires 2 foot wide colored concrete strips on all proposed median islands
with a 12 inch by 12 inch slate pattern in bFick red.
OUTLOTS
1. THE DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any
outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2,the
Department of Public Works will require approving landscape and irrigation plans prior to inclusion
into the CFD2.
BIKE PATH
1. All proposed Multipurpose Paths shall be constructed in accordance with city requirements and
standards. Cross-sections will be required with Street Plans and Landscaping Plans for review.
'7FFICHS OF
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97,
�Ift- AT ON
PHONE(559)233-7161
—. FAX(559)233-8227
-r - 2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725-2218
Your Most Valuable Resource-Water
November 24, 2004
Mr. Arnoldo Rodriguez
City of Fresno
Planning Division
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
RE: EA, EAR of Plan Amendment Application No. A-04-23, RA R-03-76
Dear Mr. Rodriguez,
FID's comments and requests are as follows:
1. FID does not own, operate, or maintain any facilities located on the applicant's property.
2. FID expects no adverse impacts from the approval of the subject proposal.
Thank you for submitting this item for our review. Please feel free to contact me with any questions or
concerns at 233-7161 extension 341 or sadamsafresnoirrigation.com.
Sincerely,
FRESNO IRRIGATION DISTRICT
Selina Adams
Engineering Assistant
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File:Agencies/City/EA,EAR of PANo.A-04-23,RA R-03-76
tn;'T,`-�,
City of
F ���9%'�Jfl�� Fre Department
i 450 M Street q, Randy R. Bruegman
Fresno, California 93721-3083 Fire Chief
559-621-4000 FAX#559-498-4261
www.fresno.gov
Date 7-20-05
TO: Arnoldo Rodriguez, Planner III
Development Department, Planning Division
; S
FROM: Mike Schmidtupervising Fire Prevention Inspector
Fire Prevention Bureau
SUBJECT: Tentative Tract No. 5279
The Fire Department has completed a review of the Vesting Tentative Tract Map 5279,
which was submitted by Greenwood Assoc., Inc. The following requirements and
conditions are to be placed on this vesting tentative tract map as a condition of approval
by the Fire Department.
General Requirements:
This project is within 3 miles of Fire Station No. 15 & MV 87.
This project is subject to UGM Fire service fees for Fire station No.15.
Provide commercial hydrants and fire flows per Public works standards with two sources
of water(see CUP requirements for special hydrant layout).
Access is acceptable as shown (with CUP requirements -fire lane markings).
K
Note: Phasing of tract will require re-review for access requirements.
FRESNO FIRE DEPARTMENT FPB-42
FIRE HYDRANT AND ACCESS REQUIREMENTS
2 '�C
• APPLICATION NO. C 0S_ /Qs DATE
LOCATION 1(1-k Con lAe4REVIEWED BY
HYDRANTS
1. Developer must in tall on-site hydrant(s). See plan for location(s). Provide fire hydrant flow of
[ ] 1500 GPM 2500 GPM 8"water mai
2. ; Public street hydrant(s) must be installed. - oordinate street hydrant locations with Public Works.
3Fire hydrants shall be tested and approved, and all surface access roads shall be installed and made
y serviceable prior to and during the time of construction. The 4-1/2"outlet shall face the access lane.
ACCESS
GENERAL:
4. Two means of ingress/egress must be provided. This access must be maintained during all phases of
development.
5. All construction work on this project is subject to interruption if the road system becomes impassable for fire
✓✓✓ ��, apparatus due to rain or other obstacles.
6. ❑ All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private
driveway.
7. ❑ Loading zones shall not be located in required fire lanes.
8. ❑ Where buildings or portions thereof are more than 35 feet in height, an aerial truck setup area shall be
located adjacent to at least one side of such buildings. Aerial truck setup areas shall be minimum width of
30 feet wide for not less than 60 feet when part of through fire lanes
9. ❑ Aerial truck setup areas, as described in No. 8 above, shall be provided adjacent to at least two sides of
buildings more than 35 feet in height that exceed 150 feet in length or width.
10. ❑ All private streets and driveways that are provided for common access,and are required for Fire Department
access,shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median,
15 foot minimum lanes are required.
11. X
Streets highlighted on plan shall be identified as fire lanes as provided in the California Vehicle Code,Section
22500.1. Designate highlighted curbs as fire lanes(red curb with"Fire Lane"in 3"white letters every 50 feet
or approved signs every 50 feet).
12. ❑ Provide sign(s) (17"X 22" minimum) at all public entrance drives to the property, which state, "Warning-
Vehicles stopped, parked, or left standing in fire lanes will be immediately removed at owner's expense-
22658 California Vehicle Code- Fresno Police Department 498-1414."
13. ❑ Turns in private drives and intersecting drives shall have a minimum 34 foot centerline turning radius.
14. ❑ Turns in private drives for aerial truck access, required in No. 5 above, shall have a minimum 44 foot
centerline turn radius.
(over)
15. ❑ Dual entry drives require intermediate turnarounds when length exceeds 700 feet.
16. ❑ All gates on common access drives shall be equipped with approved Police/Fire bypass locks (Best locks;Padlock
21 8700 series or Cylinder lock 1W7132). Gates/fences shall not obstruct the minimum width required for fire lanes.
17. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet, 6 inches.
SINGLE-ENTRY PRIVATE STREETS:
18. ❑ Turnarounds required if the length exceeds 150 feet.
19. ❑ The maximum allowable length of a single entry roadway is 450 feet.
20. ❑ Required turnarounds shall be defined as fire lanes(see No. 11).
21. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet,6 inches.
"EMERGENCY ACCESS ONLY"ROADWAYS:
22. ❑ Emergency accesses are required to be dedicated fir protection easements.
23. ❑ Road surface shall be of a all weather construction.
24. ❑ Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance to an
"emergency access only"roadway.
25. ❑ The entrance to all emergency accesses shall be posted with permanent signs: 'FIRE ACCESS(6"LETTERS)vehicles
removed at owner's expense(2"letters)FRESNO POLICE DEPARTMENT 498-1414(1"letters).
26. ❑ All gates on the"emergency access'roadway shall be fitted with a Police/Fire bypass lock(see No. 1.6 above).
PEDESTRIAN ACCESS:
27. ❑ Pedestrian access shall be provided to allexterior areas of buildings where necessary to assure compliance with the
'150 foot rule."
28. ❑ All pedestrian gates,where required for compliance with the"150 foot rule'shall remain unlocked or be provided with
Police/Fire bypass locks(see No. 16 above).
29. ❑ Required pedestrian access ways shall be designed to facilitate the carrying of ground ladders and the advancing of
fire hose lines.
OTHER:
30. ❑
y:
K
FPB-42MORMS
(Reload 1210.7)
City of
DEPARTMENT OF PUBLIC UTILITIES
February 3, 2006
TO: Amoldo Rodriguez, Supervising Planner
Development Department, Planning Division
THROUGH: William Skinner, Interim Assistant Director
Department of Public Utilities, Solid Waste Divisi n
FROM: Donna Leslie, Provisional Management Analyst I
Department of Public Utilities, Administration
SUBJECT: TT 5279, Solid Waste Conditions of Approval
Location: Northwest corner of East Jensen and South Peach Avenues.
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5279 that was submitted by R.W. Greenwood Associates, Inc. on behalf of
Morning Development II, LLC. The following requirements and conditions are to be placed on this
vesting tentative tract map as a condition of approval by the Department of Public Utilities.
General Requirements:
• Tract 5279 will be serviced as Multi-Family Residential properties with Basic Container Service.
Property owners will receive 3 containers to be used as follows: 1 Gray container for solid
waste, 1 Green container for green waste and 1 Blue container for recyclable material.
• The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m.,
shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not _
blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management
Division Standards.
• Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No solid
waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m.
on the collection day.
• Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations,
Section 10, I. No material container shall be stored in the front yard or side yard on a street as
said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is
screened from view from the street in accordance with that article of the Code.
TT5279—Page I of 2
l
Special Conditions:
• Developer shall provide a cart storage area in the locations indicated on the site plans for each
unit shown on this tract map.
• Storage area shall have a paved access with gates and shall be large enough to screen the
containers from view of the street.
• Developer shall provide approximately 17' of frontage for placement of the containers.
Containers are approximately 3'x3' and shall be place approximately 4' apart.
• If the required frontage is not provided then a covenant will be required. Covenant will require
that containers will be placed in specific locations for service.
Covenant Requirements:
• Developer shall restrict parking on the street on the solid waste service day. Provide signs or
painted curbs that state that there shall be no parking on the street on the solid waste service day.
• Frontage requirements have not been met on Lots 1, 2, 36 and 37. Please refer to site plan for
placement of containers on service day.
Lot 1A shall place their containers on the east side of the property line of lot 55, along South
Karen Avenue.
Lot 2B shall place their containers on the east side of the property line of lot 55, along South
Karen Avenue.
Lot 36B shall place their containers on the east side of the property line of lot 38, along South
Karen Avenue.
Lot 37A shall place their containers on the east side of the property line of lot 38, along South
Karen Avenue.
7T5279—Page 2 of 2
JAConditions of Approval TT5279
City of
MI L I
I
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DATE: August 4, 2005
TO: Arnoldo Rodriquez, Planner III
Development Department, Planning Division /�
THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Gf.Lt
Public Works Department, Engineering Division
FROM: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: TT 5279 / C-05-105, Public Works Conditions of Approval
(Jensen between Peach and Willow)
The Public Works Department, Traffic Planning Section, has completed its review and the following
requirements are to be placed on this tentative map as a condition of approval by the Public Works
Department.
General Conditions:
Provide curb ramps at all corners within the limits of this subdivision.
Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno
Municipal Code Section 12-1011 and Resolution No. 78-522/88-229.
Submit the following plans, as applicable, in a single package, to the Planning and Development
Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight
and Trail Lighting, Signing and Striping.
Frontage Improvement Requirements:
Major Streets: _
Peach Avenue: Arterial
1. Dedicate 55'-57' of property, from center line, for public street purposes within the limits of this
subdivision to meet the City of Fresno's Arterial Standards.
2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct
sidewalk to a 10' residential pattern.
3. Construct 20' of permanent paving within the limits of this subdivision.
4. 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.
5. Relinquish direct vehicular access rights to Peach Avenue from all lots within this subdivision.
Page 1 of 3
CALouise\TRACT MAPS\T-5279 NE COR PEACH AND JENSEN 2nd SUBMITTAL.doc
Jensen Avenue: 6-lane Expressway
1. Dedicate 65' — 67' of property, from center line, for public street purposes, within the limits of this
subdivision, to meet the modified City of Fresno Expressway Standards
2. Construct concrete curb and gutter to Public Works Standard P-5. The parkway shall be
constructed to a 10' pattern.
3. Multi-Purpose Trail: Construct a pedestrian and bike trail, complete with lighting and landscaping,
per the 2025 Fresno General Plan, Multi-Purpose Trails Plan Map and Public Works Standards
P-59 and P-60. Verify details with Planning and Development and Traffic Engineering. Identi
route on the map and provide a cross section 7 daysrp for to the Planning Commission hearing.
Construct an expressway barrier fence within the limits of this subdivision, per Public Works
Standard P-74 and P-75. Dedicate a 26' Bike/Pedestrian Easement. Submit lighting, signing
and striping plan.to Traffic Engineering for approval.
4. Construct 20' of permanent paving within the limits of this tract and transition paving as
necessary.
5. Construct an 80' bus bay curb and gutter at the northwest corner of Jensen and Peach to Public
Works Standard P-73, complete with a 10' monolithic sidewalk.
6. 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-10 for
Expressways. Pay $4,825.00, cash in lieu, for improvements to allow light to be on same circuit
as City installed Traffic Signals.) Coordinate with Gary Witzel and Scott Mozier of the Public
Works Department.
7. Relinquish direct vehicular access rights to Jensen Avenue from all lots within this subdivision.
Interior Streets:
Design and construct all curb, gutter, sidewalk, (both sides), easements, 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 API Standards for 50' and 54'streets.
Specific Mitigation Requirements:
1. This tract will generate 73 a.m. /90 p.m. peak hour trips. A Traffic Impact Study (TIS) has been
submitted. Comply with the mitigation measure requirements of the Traffic Engineering Manager
in the attached letter dated 08/04/05.
2. Relinquish direct vehicular access rights to
a. the north property line of lot 39. -
b. the south property line of lot 1.
3. The intersection of Peach and Chapman shall be limited to right-in and right-out turns.
4. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
5. Chapman Avenue: The proposed cross section does not comply with current Public Works
Standards. The proposed median can not encroach into the proposed Peach Avenue street right
of way. Dedicate 70' of property and provide an 8' medians (7' residential pattern -20' travel
lane-16' median - 20' travel lane-7' residential pattern) or resubmit a new design for review and
approval.
6. Pedestrian Easement on the west side of this development: This Department does not support
the 15' x 660' pedestrian component at the back of the lots 17 through 22, due to safety issues.
Delete or design an open connection to the proposed path along Jensen Avenue.
7. Provide a cross access agreement for shared driveways.
8. Provide a detail identifying clearance for backing out of garages. See Exhibit "C".
Page 2of3
CALouise\TRACT MAPS\T-5279 NE COR PEACH AND JENSEN 2nd SUBMITrAL.doc
9. Redraw proposed driveways and sidewalk per Public Works Standard API-2.
10. Pedestrian easements are required.
11. Identify full offsite improvements, dedications, etc. on the site plan for C-05-105 and resubmit.
See Exhibit "D"for required items.
UGM Requirements:
This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees.
Peach Avenue:Arterial
1. Dedicate and construct (2) two 17' center section travel lanes and a raised concrete Median
Island within the limits of this subdivision. Construct a raised concrete median with 250' left and
right turn pockets for southbound traffic at Peach and Jensen. Details of said street shall be
depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate
arterial standard and any other grading or transitions as necessary based on a 45 MPH design
speed. '
2. • Dedicate sufficient right-of-way and construct additional paving for southbound to northbound U-
turns at Peach and Jensen. See Exhibit "B".
3. Design and construct a Major Street Bridge at the intersection of Peach and the Central No.23
Canal (36). Public Works will apply this requirement to a minimum of 4 other subdivisions with
each subdivision being responsible for a fee no greater than 1/5 of the cost of said bridge. The
timing of the bridge construction shall occur rior to close out of this subdivision or at such time
that the City Engineer deems necessary, whichever is earlier.
4. Install southbound loop detectors and associated conduits for the traffic signal at Peach and
Jensen.
Jensen Avenue: Expressway
1. Dedicate and construct two (2) 17' center section westbound travel lanes. Dedication shall be
sufficient to accommodate additional paving and any other grading or transitions as necessary
based on a 55 MPH design speed.
2. Construct a raised concrete median with 250' left turn pockets at all major intersections within the
limits of this subdivision.
3. City of Fresno to install signals at the intersection of Jensen and Peach. Developer shall pay all
applicable Traffic Signal Fees and provide an early dedication of street right of way to allow signal
installation.
K
Page 3of3
C:\Louise\TRACT MAPS\T-5279 NE COR PEACH AND JENSEN 2nd SUBMITTAL.doc
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TRAFFIC PLANNING SECTION C' A, F-\ \ Z� � \ )
$UBMI'_ _AL REQUIREMENTS FOR,� L SITE PLANS
The purpose of the site plan is to enable the Traffic Engineering Division to determine whether or not a proposed
development conforms to the requirements of the Public Works Department. The Requirements listed below are
necessary to ensure proper review based on complete information and to prevent unnecessary delays in the
processing of applications. PROVIDE THE FOLLOWING INFORMATION, INDICATED BY A CHECK
MARK.
A. GENERAL REQUIREMENTS:
01. The plan must be drawn on a 24" by 36" or larger sheet of paper.
02. The plan shall include a vicinity map showing local and major streets and a north arrow, a legal
description of the subject property, and be drawn to a scale (clearly shown under the north arrow)
- large enough to show all required information.
03. The plan must show the entire parcel of property described in the application. If only a portion of an
existing parcel is to be developed, a key map shall be included showing the entire parcel.
04. Indicate phase lines.
05. All property lines and easements shall be identified and dimensioned.
06. Indicate scope of work.
B. SPECIFIC INFORMATION TO BE SHOWN:
01. Identify all existing and proposed buildings and structures, including buildings to be removed.
Building should be labeled as either existing or proposed, Identify square footage.
o2. Identify all existing off-site concrete improvements e.g.: curb, gutter, sidewalk and driveway
approaches. Identify sidewalk and driveway approach widths.
03. Identify all adjacent streets and roads and their names.
o4. Identify access to property: pedestrian, vehicular and service.
Identify all street furniture, e.g., street lights,public utility poles and boxes, guy wires, signs,
fire hydrants,bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc.
within the public right of way. Also, identify the required 4-foot minimum path of travel
along the public sidewalk directly in front of property, as required by the California
Administration Code (Title 24). A pedestrian easement may be required if the Title 24
requirements cannot be met.
05. Identify center and/or section lines. Provide the dimension from the center and/or section line to the
property line.
06. Identify median islands and their openings. (Specify existing or proposed.)
07. Identify proposed street improvements, dedications and or vacations.
08. Identify existing and proposed off-street parking, bicycle racks and loading areas: show location and
type of paving,number of spaces including a detailed layout and an internal circulation pattern by
providing the following:
•Size of stalls *Directional flow of traffic
*Wheel stops *Disability parking
*Width of circulation aisles *Disability ramps
*Width of a walkway adjacent to parking stalls
09. Identify existing and proposed on-site lighting, specify location.
010. Identify walls and fences: location height, and type of material.
011. Identify the location of existing and proposed public and private fire hydrants, access and fire lanes
per Fire 1?`epartment standards.
012. Such other information as may be pertinent to the application.
SEE OTHER SIDE FOR ADDITIONAL REQUIREMENTS
THE FOLLOWING NOTES INi._SATED BY A CHECK MARK ARE cEOUIRED ON THE SITE PLAN:
❑ Any survey monuments within the area of construction shall be preserved or reset by a persc
licensed to practice land surveying in the State of California.
❑ Repair all damaged and/or off-grade concrete street improvements, as determined by &
Construction Management Engineer, prior to occupancy.
❑ 2 working days before commencing excavation operations within the street right-of way and/c
utility easements, all existing underground facilities shall have been located by IJNDERGROUNI
SERVICES ALERT (USA). CALL 1-800-642-2444
❑ All existing driveway approaches which no longer provide access to approved vehicle parking area
shall be removed unless otherwise approved by the City Engineer. Such areas shall b
reconstructed with curb, gutter and sidewalk to match existing adjacent street improvements. Thi
works shall be completed and accepted before a Permit of Occupancy is issued or the building i
occupied. AUTHORITY FMC 11-209
❑ Submit Engineered Street Construction Plans to the Public Works Department.
❑ Submit Street Lighting Plans to the Public Works Department, Traffic Enginneering.
.❑ Deed(s) of easement(s) for the required dedication(s) shall be prepared by the owner/developer'
engineer and submitted to the City with verification of ownership PRIOR TO ISSUANCE O]
BUILDING PERMITS.
❑ Any construction on State Highways must conform to both City of Fresno and State Division c
Highways specifications.
❑ Construct concrete driveway approach to Public Works Standard(s) and P-4.
❑ Construct a street-type approach to Public Works Standard(s) P-76/P-77.
❑ Construct concrete curb ramp to Public Works Standard P-
❑ Construct concrete sidewalks, curbs and gutters to Public Works Standard P-5.
❑ Install feet of AC paving to Public Works Standard Specifications. (To be measured from
curb face.)
❑ Install 30" state standard "STOP" sign(s) at location(s) shown. Sign shall be mounted on a 2'
galvanized post with the bottom of the sign 7" above ground; located behind curb and immediatel}
behind major street sidewalk. Arterial Streets: A "RIGHT TURN ONLY" sign also required a
same location, install 30" X 36" State Standard sign immediately below the "STOP" sign on thf
same post.
❑ The submitted project site is located within the City of Fresno's URBAN GROWTH
MANAGEMENT (UGM) AREA. UGM IMPROVEMENTS ARE REQUIRED. Submittal of
Engineered Construction plans for Publio Works approval must be made PRIOR TO ISSUANCE
OF BUILDING PERMITS. Contact the Public Works Department, Traffic Planning Section C
621-8800 for details. ... .. r
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City Hall 559-621-8800 Public Works Department
2600 Fresno Street,Rm.4064 Mike T.Kim,Interim Director
Fresno,CA 93721-3623
www.fresno.gov
November 23, 2004
VRPA Technologies
Amy Clark-Fisher
4630 W. Jennifer Ave, Suite 105
Fresno, CA. 93722
SUBJECT: TRAFFIC IMPACT STUDY FOR TT5279 LOCATED AT THE NORTHWEST CORNER OF
JENSEN AND PEACH AVENUE-RESPONSE (CORRECTED)
The City of Fresno, Traffic Planning Section has reviewed Traffic Impact Study (TIS) dated October 27,
2004 for the proposed Tentative Tract 5279 located at the northwest corner of Jensen and Peach
Avenue.
In Section 4.0 Mitigation, the study indicates that the impacts to the intersection of Jensen and Peach
Avenue would need the following improvements to mitigate the project's impacts to insignificant levels:
• Signalize the intersection
• Widen the eastbound approach to one (1) left, three (3) through lanes with a shared right.
• Widen the westbound approach to one (1) left, three (3) lanes, and one (1) right turn lane.
• Widen the southbound approach to one (1) left, one (1) through lane, and one (1) right tum lane.
The City of Fresno accepts thismitigation measure with a few modifications to the intersection geometry
as follows:
• The eastbound shared right shall be changed to a separate right turn lane.
• Construction of said signal shall be done prior to any Phase One building occupancy.
If you have any questions regarding this matter, please contact me at (559) 621-8798 or at
David.Padilla@fresno.gov
Sincerely,
Jose Luis Benavides, P.E., Traffic Engineering Manager
Public Works Department, Engineering Services
Visa: 111704-$800.00
C: Louise Monroe, City of Fresno
David Padilla,City of Fresno
Traffic Engineering Reading File
G:\Traffic Impact Studies\TT5279 Response.doc
City of
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.1 2
DEPARTMENT OF PUBLIC UTILITIES
i
Date_ lu�y 21,2005'
To: ARNOLDO RODRIGUEZ, Planner III
Planning and Development Department, Current Planning
ZDA
From: DOUG BECKER, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject SANITARY SEWER AND WATER REQUIREMENTS FOR T-5279/UGM(REVISED)
General
Vesting Tentative Tract No, 5279/UGM, 76-lot single-family residential subdivision. The planned
development will be developed on 17.02 net acres located in on the northwest comer of East Jensen
Avenue and South Peach Avenue.
Fxmiranmental Recommendations
ANEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts
can be mitigated without further study or are not serious enough to warrant an Environment Impact
Report.
Sanitary Seger Requirements
The nearest sanitary sewer main to serve the proposed project is a 60-inch main located in South Peach
Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following
IIeq;&ements:
1. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each
tot created.
2. Separate sewer house branches shall be provided for each lot created.
3. Abandon all existing on-site private sanitary sewer systems.
4. Public severer facilities shall be constructed in accordance with the Department of Public Works
standards, specifications, and policies.
5. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for
Department of Public Utilities review and approvals for proposed additions to the City Sewer
System.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge
2. Oversize Sewer Area: #35
3. Trunk Sewer Charge: Fowler
4. Wastewater Facilities Charge (Residential Only)
Water Requirements
The nearest water mains to serve the proposed project are a 14-inch main located in South Peach Avenue,
a 14-inch main in East Jensen Avenue. Water facilities are available to provide service to the site subject
to the following requirements:
1. Water mains (including installation of City fire hydrants) shall be extended within the proposed
tract to provide water service to each lot created.
2. Installation of commercial fire hydrants is required in accordance with City Standards.
3. Separate water services with meter boxes shall be provided to each lot created.
-4. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be
capable of producing a total of 500 gallons per minute. Well sites shall be of a size and at a
location acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and
construction of the well(s) shall be reimbursed from the UGM Water Supply Well Service area
Fund 501 s, in accordance with established UGM policies.
5. Water well construction shall include wellhead treatment facilities,if required. The cost of
constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment
Service Area# 501s, in accordance with established UGM policies.
6. 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.
7. All public water facilities shall be constructed in accordance with the Department of Public Works
standards, specifications, and policies.
8. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed
`additions to the City Water System.
9. Seal and abandon existing on-site well in compliance with per the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
1. Wet-ties, water service(s), and meter(s) installations to be performed by the City Water Division
2. Service Area: #501s
3. UGM Water Supply Area: 9501s
K
File No.210.4
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager MORNING DEVELOPMENT II, LLC.
Planning & Development Department 575 E. ALLUVIAL AVE., STE 100
City of Fresno FRESNO, CA 93720
2.600 Fresno Street -
Fresno, CA 93721
MAP NO. 5279 REV. PRELIMINARY FEE(S) See below
DRAINAG AREA(S) " BD - DRAINAGE AREA BD $89,495.00
DATE 10 9 DRAINAGE AREA - -
TOTAL FEE $89,495.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this �.
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5279 M 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FP��SNG .'4'ZETROPOLITAN FLOOD CONTROL DISTRICT
1-11,1TICE OF REQUIREMENTS
Page 2 of 4
e) `illi_ :i!._h, .0 T +.� costs incurred in constructing Master Plan facilities exceeds the
oh'it aiion, reimbursement will be made for the excess costs from
fixture ft.cs collected by the District from other development.
i
A this d. , elopmeut shall be conditioned upon compliance with these District
0 i.S.
a. IJrainage from the site shall be directed to
X b. �3radina and drainage patterns shall be as identified on Exhibit No. 1 AL-21
r'he aradi- a and drainage patterns shown on the site plan conform to the
F opted Storm Drainage and Flood Control Master Plan.
2. Tht ;: •opo=.d development shall construct and/or dedicate Storm Drainage and Flood Control
Vl : Plaii facil'.ties located within the development or necessitated by any off-site
irnpi ov t-,ments r;. uir ::1. by the approving agency:
_X DeveJoper sYiall oristruct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to f?e :onstructed by Developer".
Norge requir�;d..
3. Thr following final iml-,_:ovement plans shall be submitted to the District for review prior to
&,-velopment appr:)val:
Gradina Plan X Storm Drain Plan X Final Map
Str et Plan X Water& Sewer Plan Other
4. aailability :;f drainage,
a. Perrn;�._,,�ic 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 1,Aaster Plan inlet(s).
The ceiistraction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
;rmanent drainage service will not be available. The District recommends
w temporary facilities until permanent service is available.
a
hr
d. See Exhibit No. 2.
5. °>=he 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.
ly Does not appear to be located within a floodprone area.
5279 REV 5469E.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 one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees
in permit compliance, and complete an annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification(SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking-
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention e
plan, eliminate non-storm water dischazges, 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.
5279 REV 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. LaKeman, Project Engineer: Rick y s
District Engineer
C: R.W. GREENWOOD ASSOCIATES, INC.
2558 E. OLIVE AVE.
FRESNO, CA 93701
K
5279 REV 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
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JENSEN AV
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I
LEGEND
Master Plan Facilities To Be Constructed By Developer-
Pipeline(size Shown)&Inlet.
SCALE 1"=200'
®-- Future Master Plan Facilities
Direction Of Drainage
—————— Inlet Boundary
TRACT 5279REV.
CUP 2005-105
EXHIBIT N0. 1 DRAINAGE AREA:"BD"
a FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
DRAvm alt. mm DAM 7440
xMulooaDWGSgE1Qa9i717RwiS1R79REVA.q REVISED alt. — OATS —
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of MasterPlan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area `served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such individual area total less than the fee of said area,the difference shall be paid
upon demand to the City or District.
A twenty-foot(20')wide storm drain easement will be required whenever storm drain facilities are
located on private property. No encroachments into the easement will be permitted including, but
not limited to, foundations, roof overhangs, swimming pools, and trees.
Drainage patterns must be maintained for each of the properties adjacent to this tract to the north.
The District recommends Tract 5279 Revised provide a stub street or another safe means to control
and convey major storm water for drainage from the northwest to Jensen Avenue in the southwest
portion of the tract.
The District recognizes that the alignment of the Master Plan facilities,as identified on Exhibit No.
1, is not consistent with the developer's proposed street patterns for Tract 5279 Revised. The
alignment may be slightly realigned to be compatible with the proposed street layout for Tract 5279
Revised. However,drainage fee credit will only be granted for the Master Plan storm drain facilities
identified on Exhibit No. 1.
Any fill dirt required for the development of Tract 5279 Revised shall be excavated from the
District's Basin`BD". Prior to any work being initiated in the basin,the developer or his contractor
shall obtain an excavation permit from the District. _
Development No. Tract 5279 Revised
engr\permit\exhibit2\=ts\5279revised(rl)
File No.210.413
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager MORNING DEVELOPMENT H, INC.
Planning & Development Department 575 E. ALLUVIAL AVE., STE 100
City of Fresno FRESNO, CA 93720
2600 Fresno Street -
Fresno, CA 93721
PROJECT NO. 2005-105 PRELIMINARY FEE(S) (See below)
DRAINAGEA BD - DRAINAGE AREA BD " $89,495.00
DATE �0 -7 DRAINAGE AREA " - it
-APN 481-120-64 ' TOTAL FEE $89,495.00
ADDRESS NWC PEACH & JENSEN
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The District
in cooperation with the City and County has developed and adopted the Storm Drainage and
Flood Control Master Plan. Compliance with and implementation of this Master Plan by this
development project will satisfy the drainage related CEQA/NEPA impact of the project
mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior t
issuance of a building permit at the rates in effect at the time of such issuance. The fee
indicated above is valid through February 28, 20 06 based on the site,plan submitted to
the District on 07/07/05 Contact FMFCD for a revised fee in cases where changes are
made in the proposed site plan which materially alter the proposed impervious area.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be constructed
in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited
against the drainage fee obligation.
2005-105 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 #--a
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.
;. 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 availableprovided the developer can verify to the
satisfaction of the City of Fresno that runoff can be safely conveyed to the
Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will provide
permanent drainage service.
X c. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Tef1+Pe--.1 is available x
0
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.
2005-105 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 one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction Activities,
approved August 1999, (modified December 2002.) A State General Construction Permit
is required for all clearing, grading, and disturbances to the ground that result in soil
disturbance of at least one acre (or less than one acre if part of a larger common plan of
development or sale). Permittees are required to: submit a Notice of Intent to be covered
and must pay a permit fee to the State Water Resources Control Board (State Board),
develop and implement a storm water pollution prevention plan,eliminate non-storm
water discharges, conduct routine site inspections, train employees in permit compliance,
and complete an annual certification of compliance. o
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC) code. The following categories of industries are
generally required to secure an industrial permit: manufacturing;trucking; recycling; and
waste and hazardous waste management. Specific exemptions exist for manufacturing
activities which occur entirely indoors. Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the 14 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.
2005-105 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.
8. The District•reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Ger d Lakem , Project Engineer: Ric y s
.
District Engineer
C: R.W. GREENWOOD ASSOCIATES, INC.
2558 E. OLIVE AVE.
FRESNO, CA 93701
ti
2001-105. 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
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JENSEN AV I
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LEGEND
MI Master Plan Facilities To Be Constructed By Developer-
Pipeline(size Shown)&Inlet.
SCALE 1"=200'
®--• Future Master Plan Facilities
Direction Of Drainage
—————— Inlet Boundary
TRACT 5279REV.
CUP 2005-105
EXHIBIT N0. 1 DRAINAGE AREA:"BD" -
•�,��
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
K WAM BY:MM We M40
Paseo ee— DACE: —
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such individual area total less than the fee of said area,the difference shall be paid
upon demand to the City or District.
A twenty-foot(20')wide storm drain easement will be required whenever storm drain facilities are
located onprivate property. No encroachments into the easement will be permitted including,but
not limited to, foundations, roof overhangs, swimming pools, and trees.
Drainage patterns must be maintained for each of the properties adjacent to this tract to the north.
The District recommends CUP 2005-105 provide a stub street or another safe means to control and
convey major storm water for drainage from the northwest to Jensen Avenue in the southwest
portion of the tract.
The District recognizes that the alignment of the Master Plan facilities,as identified on Exhibit No.
1,is not consistent with the developer's proposed street patterns for CUP 2005-105. The alignment
may be slightly realigned to be compatible with the proposed street layout for CUP 2005-105.
However, drainage fee credit will only be granted for the Master Plan storm drain facilities identified
on Exhibit No. 1.
Any fill dirt required for the development of CUP 2005-105 shall be excavated from the District's
Basin "BD". Prior to any work being initiated in the basin, the developer or his contractor shall
obtain an excavation permit from the District. _
Development No. CUP 2005-105
' engr\permit\exhibit2\city-cup12005\2005-105(rl)
San Joaquin Valley
Air Pollution Control District
July 21, 2005 Reference No. C20050740
Arnoldo RodriguezJr �_J i IF!' y/[E
City of Fresno
Planning & Dev. Dept.
2600 Fresno St.,Third Floor
Fresno, CA 93721-3604 J u L Z 6 2005
Planning Division
RE: A-04-23, R-03-76, C-05-105, T-5279—APN 481-120-04 Development
CIT''OF FIPIESNO
Dear Mr. Rodriguez,
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter
(PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased
traffic and ongoing operational emissions. Preliminary analysis indicates that this project alone would not
generate significant air emissions. However, the increase in emissions from this project, and others like
it, cumulatively reduce the air quality in the San Joaquin Valley.
Based on the information provided,the proposedproject will be subject to the following District rules. The
following items are rules that have been adopted by the District to reduce emissions throughout the San
Joaquin Valley, and are required. Current District rules can be found at—
http://www.valleyair.org/rules/1 ruleslist.htm.
Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules
designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity,,including
construction, road construction, bulk materials storage, landfill operations, etc. If a residential project
is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of
Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written
notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities
(see section 6.4.1). A compliance assistance bulletin is enclosed for the applicant. A template of the
District's Dust Control Plan is available at:
http://www.valleyair.ora/busind/comply/PM10/forms/DCP-Form%20-%2010-14-2004.pdf
Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or
other materials. In the event that the project or construction of the project creates a public nuisance,
it could be in violation and be subject to District enforcement action.
Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall
not be burned when the land use is converting from agriculture to nonagricultural purposes. In the
event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and
be subject to District enforcement action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings.
This rule specifies architectural coatings storage, clean up and labeling requirements.
Mr. Rodriguez July 21, 2005
A-04-23, R-03-76, C-05-105, T-5279 Page 2
Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If
asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This
rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt
for paving and maintenance operations.
Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions
from residential development. Construction plans for residential developments may be affected by
section 5.3, specifically:
§5.3 Limitations on Wood Buming Fireplaces or Wood Burning Heaters in New Residential Developments.
Beginning January 1,2004,
5.3.1 No person shall install a wood burning fireplace in a new residential development with a
density greater than two(2)dwelling units per acre.
5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per
acre in any new residential development with a density equal to or greater than three (3) dwelling
units per acre.
5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per
dwelling unit in any new residential development with a density equal to or less than two (2)
dwelling units per acre.
More information about Rule 4901 can be found at our website- www.valleyair.org. For
compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at
230-5968.
Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments.
The District encourages innovation in measures to reduce air quality impacts. There are a number of
features that could be incorporated into the design/operation of this project to provide additional
reductions of the overall level of emissions. (Note: Some of the measures may already exist as City
development standards. Any measure selected should be implemented to the fullest extent possible.)
The suggestions listed below should not be considered all-inclusive and remain options that the agency
with the land-use authority should consider:
• Trees should be carefully:selected and located to protect the building(s) from energy consuming
environmental conditions, and to shade paved areas. Trees should be selected to shade paved
areas that will shade 50% of the area within 15 years. Structural soil should be used under paved
areas to improve tree growth. A-brochure is included for the applicant.
For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/
For Tree Selection see http://www.ufei.org/
For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu
http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.pdf
• If transit service is available to the project site, improvements should be made to encourage its use.
If transit service is not currently available, but is planned for the area in the future, easements should
be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and
shade structures. Appropriations made to'facilitate public T& mass transit will help mitigate trips
generated by the project. Direct pedestrian access through the main entrance of the project from
existing or potential public transit stops and provide appropriately designed sidewalks. Such access
should consist of paved walkways or ramps and should be physically separated from parking areas
and vehicle access routes.
• Sidewalks and bikeways should be installed throughout as much of the project as possible to
encourage walking and bicycling. Connections to nearby public uses and commercial areas should
be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented
design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should
be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and
bikeways should be designed to be accommodating and appropriately sized for anticipated future
Mr. Rodriguez July 21, 2005
A-04-23, R-03-76, C-05-105, T-5279 Page 3
pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate
pedestrian movement through the project, and create a safe environment for all potential users
(pedestrian, bicycle and disabled) from obstacles and automobiles. Pathways through the project
should be built in anticipation of future growth/development.
Specifically: Walkways should be installed to direct pedestrians from the street sidewalk to
the interior to the project.
• As many energy conserving and emission reducing features as possible should be included in the
project. Energy conservation measures include both energy conservation through design and
operational energy conservation. Examples include,(but are not limited to):
Increased energy efficiency(above California Title 24 Requirements)
See http://www.eneray.ca.gov/title24/.
Energy efficient widows (double pane and/or Low-E)
Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at
http://www.aamd.gov/Drdas/brochures/paintguide.html
High-albedo (reflecting) roofing material. See http://eetd.lbI.gov/cooIroof/
Cool Paving.
See http://www.harc.edu/harc/Proiects/CoolHouston/, http://eande.lbLgov/heatisland/
Radiant heat barrier. See http://www.eere.eneray.aov/consumerinfo/refbriefs/bc7.htmi
Energy efficient lighting, appliances, heating and cooling systems.
See http://www.eneraystar.gov/
Install solar water-heating system(s)
Install photovoltaic cells
Programmable thermostat(s) for all heating and cooling systems
- Awnings or other shading mechanism for windows
- Porch, patio and walkway overhangs
Ceiling fans, whole house fans
- Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels)
See http://www.eere.energy.gov/RE/solar passive.html
Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom
windows etc. See http://www.advancedbuildings.or-q
- Electrical outlets around the exterior of the. unit(s) to encourage use of electric landscape
maintenance equipment
- Bicycle parking facilities residents in a covered secure area.
See http://www.vtpi.org/tdm/tdm85.htm , http://www.bicyclinginfo.or_q
Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines
Natural gas fireplaces (instead of wood-burning fireplaces or heaters)
Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
Low or non-polluting incentives items should be provided with each residential unit (such items
could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site
More information can be found at: http://www.ciwmb.ca.gov/GreenBuildin_q
http://www.lgc.ora, http://www.sustainable.doe.gov/, http://www.consumerenergyicenter.org/index.html
X
• The applicant should implement measures to reduce the amount of vehicle traffic to and from the
project area that further reduce air pollution in the valley. This could include providing an information
center for residents to coordinate carpooling. Check out the "Spare the Air" section of our website
1
www.vallevair.org
• The project should include as many clean alternative energy features as possible to promote energy
self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy
equipment. More information can found at-
http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/
Mr. Rodriguez July 21, 2005
A-04-23, R-03-76, C-05-105, T-5279 Page 4
• Construction activity mitigation measures include:
- Install sandbags or other erosion control measures to prevent silt runoff to public roadways from
sites with a slope greater than one percent
- Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site
- Install wind breaks at windward side(s) of construction areas
- Suspend excavation and grading activity when winds exceed 20 mph
- Limit area subject to excavation, grading, and other construction activity at any one time
- Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use
Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via
a portable generator set)
- Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways,
and"Spare the Air Days"declared by the District.
- Implement activity management (e.g. rescheduling activities to reduce short-term impacts)
- During the smog season (May through October), lengthen the construction period to minimize the
number of vehicles and equipment operating at the same time.
- Off road trucks should be equipped with on-road engines when possible.
- Minimize obstruction of traffic on adjacent roadways.
• The applicant should use California Air Resources Board (CARB) certified alternative fueled engines
in construction equipment where practicable. Alternative fueled equipment may be powered by
Compressed Natural Gas (CNG), Propane (LPG), electric motors, or other CARB certified off-road
technologies. To find engines certified by the California Air Resources Board, see their certification
website hftp://www.arb.ca.ciov/msprog/offroad/cert/cert.phr). For more information on alternative fuel
engines, please call Mr. Chris Acree,Air Quality Specialist, at(559) 230-5829.
• Construction equipment should have engines that meet the current off-road engine emission standard
(as certified by the California Air Resources Board), or be repowered with an engine that meets this
standard. Tier I and Tier 11 engines have significantly less NOx and PM emissions compared to
uncontrolled engines. To find engines certified by the California Air Resources Board, see
hftp://www.arb.ca.oov/msprog/offroad/cert/cert.php. This site lists engines by type, then
manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more
information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at
(559) 230-5831.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at .
(559) 230-5820 and provide the reference number at the top of this letter. _
Sincerely,
Chrystal Meier x .
Air Quality Specialist
Central Region
Enclosures
C: File
San Joaquin valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
October 2004
Fugitive Dust Control at Construction Sites: New Requirements
Regulation V111, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that .
generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from
earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern
at construction sites.
The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1,
2004. This is a basic summary of the regulation's requirements as they apply to construction sites.
Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by
equipment or by wind at anytime. Visible Dust Emissions opacity of 20% means dust that would obstruct an .
observer's view of an object by 20%'' District inspectors are state certified to evaluate visible emissions: Dust
control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing
work to limit dust, and setting up wind fences to limit wind blown dust_
Soil Stabilization is required at regulated construction.sites after normal worming hours and on weekends and
holidays. This requirement also applies to inactive construction areas such as phased. .projects where
disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle
access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including
applying dust suppressants and establishing vegetative cover.
Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved.surface or
shoulder of a public road.or when materials adhere to vehicle tires and are deposited onto a paved surface or
shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately
if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods
require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a
blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a
violation. Larger construction sites must prevent'carryout and trackout from occurring by installing gravel pads,
grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from.the site.
Access and Haul Roads that are unpaved, as well as unpaved. vehicle and equipment traffic areas at
construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at
construction sites must be posted every 500 feet.
Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include
applying water when handling materials, wetting or covering stored materials, and installing wind barriers to
limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along
Northern Region Office Central Region Office Southern Region Office
4130 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700 OW Street,Suite 275
Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373
(209)557-6400 + FAX(209)557-6475 (559) 230-6000 + FAX(559) 230-6062 (661)326-6900 + FAX(661)326-6985
with applying water to the top of the load, and covering the cargo compartments are effective measures for
reducing VDE and carryout from vehicles transporting bulk materials.
Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces
.where materials may fall. Consider all structures slated for demolition as possibly being regulated because of
asbestos, per District Rule 4.002 - National Emission Standards for Hazardous Air Pollutants. Contact the
District well. before starting because a' 10 working day notice will. likely be required before a demolition can
begin.
Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented .
before, during, and after any dust generating activity for the duration of the project. Owners or operators are .
required to submit plans to the District if, at anytime, the project involves:
• Residential developments of ten or more acres of disturbed surface area.
• Non-residential developments of five or more acres of disturbed surface area.
• Relocating more than 2,500 cubic yards per day of materials on at least three days.
Construction activities may not commence until the District has approved the Dust Control Plan.
Notification by owners or operators of construction projects that are at least one acre in size and where a
Dust Control Plan is not required,.must provide written notification to the District at least 48 hours in.advance of
any earthmoving activity.
Record Keeping is required to document compliance with the rules and must be kept for each day'any dust
control measure is used. The District has developed record forms for water application, street sweeping, and
"permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or
other durable materials. Records must be kept for one year after the end of dust generating activities (Title V
sources must keep records for five years).
Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all
Regulation VIII requirements and Rule 8021 - Construction, Demolition, Excavation, Extraction, and Other
Earthmoving Activities exempts the following construction and earthmoving activities:
• Blasting activities permitted by California Division of Industrial Safety.
• Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the
existingbuilding or less than 10,000 square feet (due to asbestos concerns, contact the District at least
two weeks ahead of time). -
Additions to single family dwellings.
• The disking of weeds and vegetation for fire.prevention on sites smaller than % acre.
• Spreading of daily landfill cover to preserve public health and safety and to comply with California
Integrated Waste Management Board requirements.
Nuisances are prohibited at all times because District Rule 4102 Nuisance applies to all construction
sources of fugitive dust, whether or not they are exempt from.RegulationVIII. It is important to monitor dust-
generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive
dust.
For more information please contact the Compliance Division of the District office nearest to you. . Information
on Regulation Vill, where you may obtain copies of record keeping forms, the Dust Control Plan template, and
the Construction Notification form, is available on the District's website at:
www.valleyair.org
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County of Fresno
Department of Community Health
Edward L. Moreno,M.D., M.P.H., Interim Director
July 13, 2005r�si'EP12Lq� r D
999999999
L00009831
J U L 1 2005 PE 2602
Arnoldo Rodriguez
City of Fresno Planning Division
Development Department Devirf;,poner;z '3 =�alnent
C."-Y OF F'PE 1NL�
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Rodriguez:
PROJECT NUMBER: A-04-23/R-03-76/C-05-105/T-5279
PROJECT DESCRIPTION AND LOCATION: A-04-23 proposes to amend the 2025 Fresno
General Plan and the Roosevelt Community Plan for approximately 8.5 acres from the medium-
high density residential and office commercial planned land use designations to medium density
residential land use designation. R-03-76 is a request to rezone the entire 17.28-acre site from
AE-5/UGM to R-2/EA/UGM zone district. Vesting Tentative Tract Map No. 5279 would
subdivide the subject property into a 55-lot multiple family residential subdivision with 148
dwelling units. .C-05-105 would allow the subject property to be developed with 148 dwelling
units.
APN: 481-120-04 Zoning: From AE-5/UGM To R-2/EA/UGM Address: 2556 S. Peach Ave.
Recommended Conditions of Approval: -_
• Construction permits for the 55-lot residential subdivision should be subject to assurance of
sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be
obtained from the California Regional Water Quality Control Board (RWQCB). For more _
information, contact staff at (559) 445-5116.
• Construction permits for the 55-lot residential subdivision should be subject to assurance
that the City of Fresno community water system has the capacity and quality.to serve this
project. Concurrence should be obtained from the StateKDepartment of Health Services,
Division of Drinking Water and Environmental Management (DDWEM). For more
information call (559)447-3300.
• The Fresno County Department of Community Health is concerned that abandoned water
wells are not.being properly destroyed, particularly with respect to new development
projects. As city boundaries expand, community services are provided to areas originally
served only by individual domestic and agricultural wells. Improper abandonment of such
wells presents a significant risk of contaminating the city's community water supply. For this
reason, when development occurs, it is extremely important to ensure the safe and proper
destruction of all abandoned water wells:
1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3357/FAX(559)445-3379
Equal Employment Opportunity-Affirmative Action•Disabled Employer
Arnoldo Rodriguez
A-04-23JR-03-76/C-05-105/T-5279
July 13, 2005
Page 2 of 2
Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the
well column should be sampled for lubricating oil. The presence of oil staining around the
well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil
be found in the well, the oil should be removed from the well prior to placement of fill material
for destruction. The "oily water" removed from the well must be handled in accordance with
federal, state and local government requirements. Transportation of these materials on
public roadways may require special permits and licensure.
The Department of Community Health is available to provide consultation in cooperation
with your city in order to encourage the proper destruction of wells and safeguard our water
quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water
Surveillance Program, at (559) 445-3357 for more information
• Appropriate measures should be incorporated into the project to minimize potentially
significant short-term localized noise impacts to noise sensitive receivers caused by the
operation of construction equipment. Construction specifications for the project should
require that all construction equipment be maintained according to the manufacturers'
specifications, and that noise generating construction equipment be equipped with mufflers.
In addition, consideration should be given to limiting noise-generating construction activities
to daytime hours as specified in your municipal code.
• The conditions as described in the "Conclusions and Recommendations" section on pages
seven (7) and eight (8) of the Acoustical Analysis should be accepted as mitigation
measures for the project. Without these measures the proposed noise sensitive receivers
will be subjected to a level of noise in excess of the City of Fresno Noise Element standards.
Although not specified in the "Conclusions and Recommendations" section, the Acoustical
Analysis indicates that the recommended sound wall may not mitigate noise impacts for two-
story homes located within the 70dB DNL contour. It is recommended that two-story homes
not be built on lots 22-39.
REVIEWED BY: -
Kathleen Bier, Environmental Health Specialist III
(559)445-3357
K
kb
cc: Ed Yamamoto, Environmental Health Division
STnTE OF CALIFORNIA—BUS SS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Govemor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE e
P.O.BOX 12616
FRESNO,CA.93778-2616
PHONE (559)445-6666 Flex your power!
FAX (559)488-4088 Be energy efficient!
TTY (559)488-4066
July 19, 2005
213 1-IGR/CEQA
6-FRE-99-18.6+/-
A-04-23,R-03-76 &T-5279
MORNING DEVELOPMENT II,LLC
Mr. Amoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr.Rodriguez:
We have reviewed the application and revised Traffic Impact Study(TIS)for the 60-lot, 148-unit multi-
family residential subdivision located on the northwest comer of South Peach and East Jensen Avenues.
Caltrans has the following comments:
This letter supercedes our March 25,2005 comments on this project.
Caltrans concurs with the trip distribution/trip generation from the project's TIS. The revised TIS
indicates that 14 trips from this site would impact the State Route (SR) 99 interchange at Jensen Avenue
during the evening peak travel periods. The traffic consultant also provided to us an analysis of the trips
impacting the individual ramps. As we have previously indicated, the northbound off-ramp to Jensen
Avenue will likely require an additional turn-lane.. The current estimated cost for this improvement is
$265,900. The traffic consultant has indicated that 5 trips from this project would impact the northbound
off-ramp to Jensen Avenue. It is therefore estimated that.this development's proportional share for
interim improvements to the SR 99 interchange at Jensen avenue should be$2,635 (see enclosed
spreadsheet).
The City should consider a transit alternative for this project. When combined with other residential
projects in the area, there is sufficient development to support transit, and early planning could make
such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express
(FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended -
transportation alternatives.
If you have any questions,please call me at(559)445-6666.
Sincerely, K
MOSES STITES
Office of Transportation Planning -
District 6.
Enclosure
C: Ms.Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
STATE ROUTE 99/JENSEN INTERCHANGE
INTERSECTION
SB OFF-RAMP&JENSEN AVENUE NB OFF-RAMP&JENSEN AVENUE
EXISTING(TE) 510
FUTURE(TO t 1,015
P=T/(TB-TE) 0.20%
Construction Cost C) $265,900
COST PER TRIP $527
TRIPS GENERATED 5
MITIGATION $0 $2,635 $2,635
x
ATTACHMENT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES:.
Ongoing development throughout the City of Fresno, including this project, will make
traffic operations significantly worse by adding considerably to delay and congestion.
Transit alternatives can help reduce congestion and delay and reduce overall degradation
of air quality and gridlocked intersections. The City of Fresno should focus on ways to
eliminate trips in addition to enhancing capacity. Transportation alternatives the City
should consider include standard highway solutions along with the following:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to
provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This may help to reduce the
Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored 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 partial mitigation for congestion and air quality impacts,
and to ensure the long tern viability of public transportation.
C
Street Name Review
TM-5279 12-2-04
Street Name Status Required Change
East Garrett Avenue(siding onto lot 46) Good
East Garrett Avenue(fronting onto lots 1-15 and 62-76) Chane East Cha man Avenue
East Hoxie Avenue Good
East Jensen Avenue Good
South Helm Avenue Good
South Sylmar Avenue(fronting onto lots 41-46) Chane South Karen Avenue
South Peach Avenue Good
K
011SWESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor
DEPARTMENT OF TRANSPORTATION '= 4:
1352 WEST OLIVE AVENUE e
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666
�_ •...,'.. 1 Flex your power!
FAX .(559)488-4088 ,� r ::: "< . Be energy efficient!
TTY (559)488-4066 %
January 18, 2006 ��E
JAS 206
213 1-IGR/CEQA
p1Nl�'M�T 6-FRE-99-18.6+/-
��� p A-04-23, R-03-76 & T-5279
MORNING DEVELOPMENT H, LLC
Mr.Arnoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Rodriguez::
We have.reviewed the staff report for the proposed 60-lot, 148-unit multi-family residential
subdivision located o'n the northwest corner of South Peach and East Jensen Avenues. Caltrans
concurs with the copditi6' s>of project approval.as presented in the staff report. We appreciate
the opportunity to work cooperatively with the City.
Please'pro vide a copy of this letter to the Planning Commissioners at tonight's meeting.
If you have any questions, please call me at (559) 445-6666.
Sincerely,
MOSES STITES _
.Office of Transportation Planning
District 6 _
C: Ms. Barbara Goodwin, Council of Fresno County Governments
x
T.
"Caltrans improves mobility across California"
CITY OF FRESNO MITIGATED NEGATIVE DECLARATION �� ��
Initial Study is on file in the Planning and Environmental
Development Department, City Hall, Assessment Number: s
2600 Fresno Street, Fresno, California 93721 A- 04-23, R-03-76,
(559)621-8277 T-5279/C-05-105 yp ��
n
APPLICANT: Ingles-Braun &Associates Assessor's
875 West Ashlan Avenue, Ste. 102 Parcel Number.
Clovis, California 93612 481-120-04
PROJECT DESCRIPTION AND LOCATION: Filed with:
Morning Development II, LLC, has filed applications pertaining to 17.28 acres of REBECCA E. KLISCH, City Clerk
land located on the northwest corner of East Jensen and South Peach Avenues. 2nd Floor-City Hall
Plan Amendment Application No.A-04-23 proposes to change approximately 13.2 2600 Fresno Street
acres of the subject site from the office commercial(4.4 acres)and medium density Fresno, California 93721-3603
residential (8.4 acres) planned land use designations to the medium-high density
residential planned land use designation. The remaining 4.08 acres are currently
planned for medium-high density residential land uses, therefore no change is
proposed. Rezone Application No. R-03-76 proposes to reclassify the 17.28 acre
parcel from the AE-51UGM (Exclusive Five Acre Agricultural/urban Growth
Management) zone district to the R-2/EA/UGM (Low Density Multiple Family
Residential District/Expressway Way Over DistricUlUrban Growth Management)
zone district. Vesting Tentative Tract No. 5279/UGM proposes to subdivide the
subject property into a 55-lot, multiple family residential subdivision, while
Conditional Use Permit Application No. C-05-105 proposes to develop the 55 lots
with 144 multiple family residences.
The proposed project has been evaluated with respect to 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 category which is
of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be
related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to
require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible.
All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the
physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered
substantial in itself.
The proposed project is not expected to result in any significant adversq-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:Arnaldo Rodriguez SUB Y: ;}
Supervising Planner C�
DATE: September 8, 2005 GILBERT J. HARD, la 'ing Manager
PLANNING AND DE LOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EF. :TS
EA NO. A-04-23/R-03-7&T-5279/C-05-905
1.0 TOPOGRAPHIC,SOIL, GEOLOGIC CONSIDERATIONS 11.0 URBAN SERVICES
1 1.1 Geologic hazards, unstable soil conditions 1 11.1 Availability of fire protection
1 1.2 Adverse change in topography or ground surface relief 1 11.2 Lack of emergency vehicle access
1 1.3 Destruction of unique geologic or physical features 1 11.3 Adequacy of design for crime prevention
1 1.4 Increased water erosion 1 11.4 Overcrowding of school facilities
1 11.5 Availability of water mains of adequate size
2_0 AIR QUALITY 1 11.6 Availability of sewer lines of adequate capacity
2 2.1 Substantial indirect source of pollution 1 11.7 Availability of storm water drainage facilities (on or off
1 2.2 Direct on-site pollution generation site)
1 2.3 Generation of objectionable odors 1 11.8 Availability of adequate park and recreation areas
1 2.4 Generation of dust except during construction 1 11.9 Unusually high solid waste generation
1 2.5 Adverse local climatic changes
12.0 HAZARDS
3_0 WATER 1 12.1 Risk of explosion or release of hazardous substances
1 3.1 Insufficient ground water available for long-term project use __L 12.2 Site subject to flooding
1 3.2 Use of large quantities of ground water 1 12.3 Adverse change in course of flow of flood waters
1 3.3 Wasteful use of ground water 1 12.4 Potential hazards from aircraft accidents
1 3.4 Pollution of surface or ground water supplies 1 12.5 Potential hazards from landfill and/or toxic waste sites
1 3.5 Reduction in ground water recharge
13.0 AESTHETICS
4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view
1 4.1 Reduction of the numbers of any unique,rare or 1 13.2 Creation of aesthetically offensive conditions
endangered species 1 13.3 Removal of street trees or other valuable vegetation
1 4.2 Reduction in acreage of agricultural crop 1 13.4 Architectural incompatibility with surrounding area
1 4.3 Premature or unnecessary conversion of prime agricultural
land 14.0 HISTORICAL/ARCHAEOLOGICAL
1 14.1 Removal of historic building, disruption of
5_0 ANIMAL LIFE archaeological site
1 5.1 Reduction in the numbers of any rare, unique or 1 14.2 Construction or activity incompatible with adjacent
endangered species historic site
1 5.2 Deterioration or displacement of valuable wildlife habitat
15.0 ENERGY
1 6_0 HUMAN HEALTH 1 15.1 Use of substantial amounts of energy or fuel
1 15.2 Substantial increase in demand upon existing sources
7_0 NOISE of energy
1 7.1 Increases in existing noise levels 1 15.3 Wasteful use of energy
2 7.2 Exposure to high noise levels
EXPLANATION OF RATINGS
8_0 LIGHT AND GLARE
1 8.1 Production of glare which will adversely affect residential "0" Insufficient Information
areas Insufficient information is available to determine the potential
1 8.2 Exposure of residences to high levels of glare environmental effects which may result from the proposed
project in this category.
9.0 LAND USE _
2 9.1 Incompatibility with adopted plans and policies "1" No Significant Environmental Effect
1 9.2 Acceleration of growth rate The proposed project will not have an adverse
1 9.3 Induces unplanned growth environmental effect in this category, or any such effect is
1 9.4 Adverse change in existing or planned area characteristics not substantially unusual or of undesirable magnitude. This
rating is also utilized in cases where the category is not
10.0 TRANSPORTATION AND CIRCULATION applicable to the particular project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity
deficiencies on existing street system "2" Moderate Environmental Effect
2 10.2 Cumulative increase in traffic on a major street for which The proposed project will have an adverse environmental
capacity deficiencies are projected effect in this category,which is of sufficient magnitude to be
1 10.3 Specific traffic hazard to motorists, bicyclists,pedestrians of specific concern. However,this effect is not substantial
1 10.4 Routing of non-residential traffic through residential area enough in itself to require the preparation of an
1 10.5 Insufficient or poorly located parking Environmental Impact Report, and is mitigable through
1 10.6 Substantial increase in rail and/or air traffic project changes and conditions.
"3" Significant Adverse Environmental Effect
The environmental effect identified in this category
substantiates in itself or contributes towards a finding that
the proposed project has a potentially significant adverse
effect on the environment sufficient to require the
preparation of an Environmental Impact Report.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT - INITIAL STUDY
SEPTEMBER 8, 2005
APPLICATION NO. A-04-23, R-03-76, T-5279, C-05-105
PROJECT DESCRIPTION
Plan Amendment Application No. A-04-23, Rezoning Application No. R-03-76,Vesting Tentative
Tract Map No. T-5279, and Conditional Use Permit Application No. C-05-105 filed Morning
Development II, LLC, relate to approximately 17.5 acres of property located on the northwest
comer of East Jensen and South Peach Avenues. Plan Amendment Application No. A-04-23
proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan for
approximately 4.5 acres from the office commercial and roughly 4.5 acres from the medium-high
density residential planned land use designations to the medium density residential planned
land use. The remaining 8.5 acres of the subject site are currently planned for medium density
residential planned land uses, therefore no change is proposed. Rezone Application No. R-03-
76 proposes to rezone the entire 17.5 acre site from the AE-5/UGM (Exclusive Five Acre
AgriculturaUUrban Growth Management) zone district to the R-2/EA/UGM (Low Density Multiple
Family Residential DistrictlExpressway Area Overlay DistrictUrban Growth Management) zone
district. Vesting Tentative Tract Map No. 5279 would subdivide the subject property into a 55-lot
multiple family residential subdivision with 144 dwelling units. Conditional Use Permit
Application No. C-05-105 would allow the subject property to be developed with the 144
dwelling units. This project also includes the deletion of the equestrian trail component of the
multi-purpose trail designated by the 2025 Fresno General Plan for the segment of East Jensen
Avenue, between South Peach and South Willow Avenues.
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North Medium Density AE-5/UGM Rural
Residential Exclusive Five Acre Agricultural District Res identiaVAgricultural
Urban Growth Management
AL-20 (County) 4
South Light Industrial Agricultural Exclusive Twenty Acre Single Family Residential
Minimum
Medium High Density AE-5/UGM
East Residential and Exclusive Five Acre Agricultural District Agricultural
Commercial Office Urban Growth Management
T-P/UGM
West Medium High Density Single Family Residential
Residential Trailer Park Residential DistrictUrban
Growth Management
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Page 2
The project area is located within the southeasterly portion of the City of Fresno's adopted
Sphere of Influence and Urban Boundary area, and is currently planned for community office,
medium-high density residential and medium density residential planned land uses by the
Roosevelt Community Plan, updated in 2002, and the 2025 Fresno General Plan, adopted in
2002.
Staff has reviewed the above-referenced project proposal and consulted with affected agencies
and interest groups. The proposed project has been evaluated with respect to the provisions of
the adopted 2025 Fresno General Plan (City Council Resolution No. 2002-379) and the
corresponding potential adverse environmental impacts, adopted environmental impact
mitigation measures and determinations of overriding considerations established by the
certification of the related Master Environmental Impact Report (MEIR) No. 10130 (City Council
Resolution No. 2002-378). The proposed project, which includes an amendment of the adopted
2025 Fresno General Plan, has been determined to not be fully within the scope of MEIR No.
10130 as provided by the California Environmental Quality Act (CEQA), and as codified in the
Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c).
Based upon an analysis of the project, as summarized in the following environmental
assessment initial study, it has been determined that the project may contribute to the creation
of certain moderate environmental effects or the project may be adversely impacted by existing
conditions as addressed below. It has been further determined that all applicable mitigation
measures of MEIR No. 10130 have been applied to the project, together with project specific
mitigation measures necessary to assure that the project will not cause significant adverse
cumulative impacts, growth inducing impacts and irreversible significant effects beyond those
identified by 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 California Environmental Quality Act (CEQA) Section 21157.5(a)(2) and CEQA
Guidelines Section 15178(b)(1) and (2).
Master Environmental Impact Report No. 10130 examined the potential adverse environmental
impacts of implementation of the 2025 Fresno General Plan, which provides plans and policies
to accommodate projected population and employment growth through the year 2025. The City
of Fresno has determined that specific economic, legal, social, technological and other
considerations related to the implementation of the 2025 General Plan outweigh the -
unavoidable adverse environmental effects identified in the Final MEIR, including any effects not
mitigated because of the infeasibility of mitigation measures and that the identified adverse
environmental effects are considered acceptable.
The following impacts were identified by City Council Resolution No. 2002-378 certifying Final
MEIR No. 10130 (2025 Fresno General Plan Update) as significant but mitigable effects:
1. Impact on Water Supply, Quality and Hydrology.
2. Increased Demand for Utilities and Service Systems.
3. Increased Demand for Public Services.
4. Increased Demand for Recreational Services.
5. Loss of Biological Resources.
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Page 3
6. Potential Disturbance of Cultural Resources.
7. Geology and Soils Impact.
8. Increased Demand for Energy.
9. Potential Aesthetic Concerns.
In addition, Resolution No. 2002-378, also identifies the following unavoidable significant
impacts and statement of overriding considerations for these impacts:
1. Transportation and Circulation - The vehicular traffic level of service (LOS) of E and F
projected for identified major streets and highway network is considered a significant and
unavoidable adverse impact which can not be completely mitigated. Furthermore, there
are no reasonable mitigation measures available only to the City of Fresno which would
reduce this impact to a less than significant level while allowing for the implementation of
other appropriate alternative transportation facilities.
2. Air Quality - The adverse air quality impacts associated with the myriad of activities
associated with the long range general plan for the Fresno Metropolitan area can be
expected to be significant and unavoidable, and cannot be completely mitigated.
Furthermore, there are no reasonable mitigation measures available only to the City of
Fresno which would assure the reduction of air quality impacts to a less than significant
level. In order to provide a suitable living environment within the metropolitan area, the
plan strives to facilitate expanded economic growth that will support increased
employment opportunities.
3. Preservation of Agricultural Land - The conversion of agricultural land to urban uses
within the planned boundary to accommodate the projected population and employment
growth of the 2025 Fresno General Plan is a significant and unavoidable adverse
impact, which can not be completely mitigated. Furthermore, there are no reasonable
mitigation measures available only to the City of Fresno which would assure the
reduction of impacts upon agricultural land within the planned urban area to a less than
significant level, while also allowing for prudently planned development to accommodate
project population and employment growth.
4. Noise - The innumerable activities associated with urban living environments typically
generate noise that contributes to the ambient noise levels that occur within the
community. The MEIR identifies numerous mitigation measures intended to reduce the
impacts of increased noise upon sensitive land uses. The 2025 Fresno General Plan, as
the project, also specifies numerous general plan goals and implementing objectives and
policies directed to reducing exposure to excessive noise levels. However, sufficient
mitigation measures are not reasonably available only to the City of Fresno, which would
assure the reduction of noise impacts to less than a significant level.
In addition to MEIR No. 10130 (2025 Fresno General Plan), other environmental documents
have been certified for major public facilities to accommodate population growth and urban
development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and
Reclamation Facility Capacity Expansion) and Final EIR No. SCH 95022029 (Fresno
Metropolitan Water Resources Management Plan). These environmental impact analyses and
conclusions, together with supporting technical studies, further address the impacts of
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Page 4
population growth and the necessary public facility capacity expansion associated with the
urban development that will accommodate the growth projected by the 2025 Fresno General
Plan. To the extent that these referenced environmental impact analyses, conclusions, findings
and mitigation measures are applicable to the subject project they are incorporated herein by
reference, pursuant to CEQA Guidelines Section 15150.
1.0 —TOPOGRAPHIC SOIL GEOLOGIC CONSIDERATIONS
There are no geologic hazards or unstable soil conditions known to exist on the project site, nor
are there any 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,• 2.1 —Substantial Indirect Source of Pollution
As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air
Basin (SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley
frequently create air layer inversions that prevent mixing of air masses. The large number of
sunny days per year and high temperatures in the summer favor the formation of ozone. In the
winter, inversions form that often trap particulate matter.
With respect to the Fresno area, the SJVAB has been classified as follows:
• Ozone. Recently reclassified from "severe nonattainment" to "extreme nonattainment" by
the U.S. EPA. Classified as "severe nonattainment" by the State.
• Particulate Matter (less than 10 microns) (PM10). Classified as "serious nonattainment"
at the federal level. Classified as "nonattainment" by the State.
• Carbon Monoxide (CO). Recently reclassified from "nonattainment" to "attainment" by the
U.S. EPA.
• Nitrogen Oxide (NO2). Unclassified/Attainment at the. federal level. Classified
"attainment" at the State level
• Sulfur Dioxide (SO2). Unclassified at the federal level. Classified "attainment" at the
State level
• Sulfates. (No federal standard.) Classified "attainment" at the State level.
K
• Lead. (No federal designation.) Classified "attainment" at the State level.
• Hydrogen Sulfides (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 (03) and particulate matter (PM,o),
the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality
attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130
lists the air quality attainment plans that have been adopted by the SJVAPCD.
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On April 16, 2004, the Environmental Protection Agency (EPA) issued a final rule classifying the
SJVAB as extreme non-attainment, effective May 17, 2004 (69 FR 20550). Under this
rulemaking, the SJVAB's attainment date is November 15, 2010. An Extreme Ozone
Attainment Demonstration Plan (OADP) must be prepared which is a roadmap that identifies
emission reductions needed to attain the air quality standard by this date. According to the final
rule reclassifying the SJVAB as extreme nonattainment for the federal one-hour ozone
standard, the Extreme OADP was due to the EPA on November 15, 2004. A Draft Extreme
Ozone Attainment Demonstration Plan is currently under review.
The principal components of an OADP consist of a baseline emissions inventory, data
describing measured ozone levels in the atmosphere for the area in question, descriptions of
emissions controls that will reduce future emissions, a future emissions inventory that reflects
decreases due to implementation of emissions controls as well as increases due to increased
population, and a description of the results from a photochemical model relating emissions to
ambient ozone levels and demonstrating attainment of the appropriate standard at a future date.
In addition, this plan fulfills requirements of the California Clean Air Act regarding the
development of a triennial update and Califomia Air Quality Attainment Plan revision that
examines air pollutant exposure data, control measure implementation, and other air quality
information with emphasis on meeting California ambient air quality standards.
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 tum, 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 uses developed on the project site. The computer model evaluated
the following emissions: ROG (Reactive Organic Gasses), NOX (Nitrogen Oxides), CO (Carbon
Monoxide), SOX(Sulfur Oxides), and PM10 (Particulates) which are summarized below.
URBEMIS 2002 AIR QUALITY IMPACTS
All data in tons/year ROG NOx CO SOX PM10
Area Source Emissions 0.02 0.20 0.14 0 0
Operational Emissions 2.66 3.67 32.73 0.03 2.67
K
Totals 2.68 3.87 32.87 0.03 2.67
Level of Significance 10 10 100 27.375 14.6
The URBEMIS 2002 model projections indicate that the proposed project will not exceed the
threshold limits for the emissions listed. This particular analysis included the prohibition of wood
burning devices.
Although the proposed 144 unit multiple family development is located on the southeasterly
portion of the city which currently lacks many retail oriented services, such as commercial
Initial Study
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Page 6
centers, the project is expected to incorporate a trail along East Jensen Avenue and along the
western property line, which will be lined with trees and shrubs as part of its landscape design.
It is anticipated that trail will encourage altemative modes of transportation (i.e. walking,
bicycling, etc.) while trees will assist in the absorption of air pollutants, reduce ozone levels, and
curtail storm water runoff.
In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route
bus public transportation system in order to serve developing urban areas. Adopted standards
and conditions of development require the provision of adequate bus stop facilities at
appropriate major street locations to facilitate future public transportation services.
In summary, the project, as mitigated will not in of itself significantly impact local air quality. This
project's mitigation measures, together with the implementation of the "Reasonably Available
Control Measures" (RACM), as listed in table VC-3 of MEIR No. 10130, or all other applicable
projects is expected to help the city improve its overall air quality. A larger regional
implementation of these measures is needed to significantly help the air basin reach its air
quality goals.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as appropriate, the air quality
related mitigation measures as noted in the attached Project Specific Monitoring
Checklist dated September 8, 2005.
2. The proposed project shall implement and incorporate, as appropriate, 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
September 8, 2005.
3.0—WATER; 3.1 — Insufficient Groundwater Available for Long-Term Proiect Use
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
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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 EIR 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 utilization 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 144 unit
project will have an adequate source of water available to serve the project with the
implementation of the mitigation measures noted below. A 14-inch water main currently exists
in South Peach and East Jensen Avenues to serve the project..
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
September 8, 2005.
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 September
8, 2005.
4.0—PLANT LIFE: and 5.0—ANIMAL LIFE
x
There are no native plants or significant wildlife populations known to exist on the project site.
The required landscaping, which would be determined during the subdivision map process, on
the site would provide habitat for certain species of birds and small animals suited for an urban
environment.
4.2—Reduction in Acreage of Agricultural Crop
The subject site has been historically utilized for agricultural purposes. The proposed
urbanization of the project area will result in the elimination of agricultural opportunities in the
future. Although previous studies have examined the effects of the loss of agricultural lands and
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Page S
concluded that agricultural lands within the immediate urban area allow for the implementation
of more effective water resource and air quality mitigation measures, conversion of this land to
urban uses is considered to be irreversible.
6.0— HUMAN HEALTH
Aside from temporary dust, noise, and potentially offensive aesthetic conditions during the
construction of the project, it is not expected to have any other long term impacts on human
health. However, it is worth noting that future development may have a negative impact on
existing residences given that the community has enjoyed a semi-rural lifestyle. If approved, the
project may result in an increase of less desirable aspects of urban living, such as traffic
congestion, noise levels, etc., that are nonexistent or minimal in semi-rural communities.
7.0— NOISE
The project site will be exposed to vehicle traffic noise due to its proximity to a planned
expressway (East Jensen Avenue) and an arterial street (South Peach Avenue). Expressways
are typically developed with six lanes of travel (three in each direction), a median island, single
or dual left turn lanes at intersections, and limited access to major streets approximately one
every half-mile. Expressways are designed to accommodate average vehicle daily trips of
56,000. East Jensen Avenue is expected to function at an acceptable level of service with
ultimate construction of Jensen to a six- to eight-lane facility by the year 2025. Arterial streets
are typically developed with four to six travel lanes (two or three in each direction) and a center
median island with single or dual left tum lanes at intersections. Arterial streets have the
capacity to accommodate average daily vehicle trips of 36,000.
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 DNL, and for interior living areas a noise
level exposure of not more than 45 dB DNL. Portions of the site are 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 by Brown-Buntin and Associates for the project found the noise levels to be
substantial in a report dated February 10, 2004. _
The acoustical analysis used the Federal Highway Administration (FHWA) Highway Traffic
Noise Prediction Model in addition to field measurements at the project site. The outdoor noise
level, without a sound attenuation wall, is 69.0 dB DNL at a location 100 feet from the center of
the roadway (East Jensen Avenue), and 65.6 dB DNL at a'location 60 feet from the center of
the street (South Peach Avenue). The study concludes that a 12-foot high wall is required along
East Jensen Avenue, which shall tum northward along the western property line for roughly 260
feet. The wall along the western property line will gradually decrease from a 12-foot wall to a
six-foot high wall. The sound wall will also tum northward along the eastern property line for
approximately 25 feet. The solid wall barrier is expected to reduce the exterior noise level to
62.5 dB DNL at the first floor height, which is still above the city's 60 dB DNL exterior noise level
requirement. However, requiring a higher wall will create an institutional appearance and is not
practical. Furthermore, homes within the 70 dB DNL noise contour will be limited to single story,
thus the receiver will be lower than the wall which should help mitigate some of the noise. It is
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Page 9
expected that indoor noise standards will be met with the construction of the sound wall and
through building code requirements.
In addition, should the multi-purpose trail be required along the western boundary of the subject
property, staff will require that the applicant amend the acoustical analysis to determine any
modifications to the required wall.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as appropriate, the noise related
mitigation measures as noted in the attached Project Specific Monitoring Checklist dated
September 8, 2005.
2. The proposed project shall implement and incorporate, as appropriate, the noise related
mitigation measures as identified in the attached Master Environmental Impact Report
No. 10130/2025 Fresno General Plan Mitigation Monitoring Checklist dated September
8, 2005.
3. The proposed project shall implement and incorporate, all noise mitigation measures
identified in the acoustical analysis prepared by Brown-Buntin Associates, Inc. dated
September 8, 2004. Prior to recordation of the final map, the applicant shall amend the
acoustical analysis to determine if any necessary measures are needed to ensure that
the project complies with the city's noise element.
9.0 — LAND USE
The plan amendment application proposes to amend the 2025 Fresno General Plan and the
Roosevelt Community Plan for approximately 4.5 acres from the office commercial and roughly
4.5 acres from the medium-high density residential planned land use designations to the
medium density residential planned land use. The remaining 8.5 acres of the subject site are
currently planned for medium density residential planned land uses, therefore no change is
proposed. The rezone proposes to reclassify the entire 17.5 acre site from the AE-5/UGM
(Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-2/EA/UGM
(Low Density Multiple Family Residential District/Expressway Area Overlay DistricbUrban -
Growth Management) zone district, while the subdivision proposes to divide the site into a 55 lot
multiple family residential subdivision.
Objective C-9 of the 2025 Fresno General Plan states that the city should "plan for the diversity
and quality of residential housing, at locations necessary to provide for adequate and affordable
housing opportunities. Housing patterns should support balanced urban growth, and should
make efficient use of resources and public facilities." The proposed development, which
includes multiple family residential lots of varying sizes in a historically ignored area of the city,
helps meet the goals of this policy. Furthermore, the proposed development helps balance
urban growth given that during the preceding two decades, single family residential
development has primarily occurred on the northern part of the city, and recently the southeast.
However, the majority of new development is in the from of single family residential units that
cater to the nuclear family rather than families in transition or those that do not want the
responsibilities associated with homeownership. Furthermore, it will provide individuals with a
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Page 10
wider-range of living options. By encouraging development on the southern area of the city, it is
expected that the proposed project will help balance population growth throughout the city.
In addition, the project will also be subject to the design standard requirements for multi-family
residential development in Roosevelt Community Plan. The Roosevelt Community Plan
outlines lot sizes, setbacks, and open space requirements which will allow for adequate yard
areas for tenants and measures to help protect surrounding properties. Thus, 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 projections of the 2025 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 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 Roosevelt Community Plan.
10.0 —TRANSPORTATION AND CIRCULATION
10.1 — Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies
10.2 — Cumulative Increase in Traffic on a Maior Street for which Capacity Deficiencies
are Proiected
The development of the project site with the proposed 144 residences, and the surrounding
planned land uses designated by the 2025 Fresno General Plan and Roosevelt 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 East Jensen Avenue as an expressway and North Peach
Avenue as an arterial street. Expressways are typically developed with three lanes of travel in
each direction of travel separated by a median island, and have limited access. Arterial streets
are typically developed with four to six lanes in each direction separated with a median island
with some limited access. It should be further noted that 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.
The MEIR No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by
reference) utilized macro-level traffic analysis techniques to examine the traffic flow level of
service (LOS) for major street segments that would occur in the year 2025. This analysis
utilized the unadjusted Council of Fresno County Council of Governments (COG) traffic model
projected traffic volumes and the Florida Tables, which are an accepted national tabular
standard of the Highway Capacity Manual (HCM) methodology. LOS is a characterization of a
street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume
with no travel delay) to an LOS of F (reflecting a very high traffic volume with substantial
congestion and travel delay).
The most substantial traffic capacity deficiencies 'are predicted to occur within the eastern
portion of the Fresno Metropolitan Area. A substantial proportion of these street deficiencies
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Page 11
are the result of land use decisions, development practices and public perceptions that have
affected land use distribution throughout the region. These factors also include state planning
mandates such as the need to accommodate projected population growth consistent with State
planning law including the housing element mandates (California Govemment Code Sections
65583 through 65895.5). These decisions include the practice of segregating residential,
commercial and industrial land uses so that industrial and other employment intensive uses
were located in the southern portion of the metropolitan area, while predominantly residential
uses were located in the middle and northern sectors.
As required by the mitigation measures established by the certification of MEIR No. 10130, a
traffic assessment was prepared by VRPA Technologies (dated May 18, 2005) to evaluate the
number of vehicle trips projected to be generated by the proposed project. Utilizing the 2000
Highway Capacity Manual, and associated computer software together with the COG's
computerized traffic model, this analysis predicts the number of vehicle trips that will be
generated from the proposed project and surrounding planned land uses, and the direction in
which these trips will travel.
The Traffic Impact Study (TIS) analyzed the intersections at East Jensen and South Peach
Avenues, and Jensen and the northbound and southbound on and off-ramps to State Route 99.
Development of approximately 144 residential dwelling units can be expected to generate an
average of approximately 1,040 vehicle trips per day (VTD). Of these vehicle trips, it is
projected that 76 will occur during the morning (7 to 9 a.m.) peak hour travel period and 99 will
occur during the evening (4 to 6 p.m.) peak hour travel period. The project traffic study
indicates that the majority (roughly 39 percent) of the peak hour vehicle trips are expected to
travel west via East Jensen Avenue while approximately 25 percent will travel north via South
Peach Avenue. Because much of the immediately surrounding area (i.e. southernmost portion
of the Roosevelt Community Plan Area) is not developed, the planned major street and
intersection improvements have not yet been completed as required by adopted plans, policies
and development standards. However, the proposed project, as well as other urban land uses
developed as planned by the 2025 Fresno General Plan will be required to construct the
planned major street system consistent with the public facility and service delivery requirements
of the Urban Growth Management Program. In addition, the developer of this project, in
accordance with the mitigation measures of Master Environmental Impact Report (No. 10130)
which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be _
required to pay impact fees specific to the traffic signalization of the major street intersections.
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. However, until the street system is completed to accommodate
its anticipated capacity, the Roosevelt Community Plan area is expected to contain numerous
bottleneck areas, which will impede the flow of traffic.
However, it should be noted that the applicant will be required to dedicate and construct a
portion of East Jensen and South Peach Avenues, while also signalizing the intersection.
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These and other street plans are the product of careful planning that projects traffic capacity
needs based on the densities and intensities of planned land uses anticipated at build-out of the
planned area. These streets will provide adequate access to and recognize the traffic
generating characteristics of individual properties and, at the same time, afford the community
an adequate and efficient circulation system.
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental
Relations has stated that the proposed project with affect state highway facilities, particularly the
State Route 99/Jensen Avenue interchange, in letter dated July 19, 2005. They have
expressed concern for growth in Fresno, because any growth increases the demand on the
highway systems.
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.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the traffic related
mitigation measures as noted in the attached Project Specific Monitoring Checklist
dated September 8, 2005.
2. The proposed project shall implement and incorporate, as applicable, the traffic related
mitigation measures as identified in the attached Master Environmental Impact Report
No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated September
8, 2005.
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.
Fire service will be provided by Fresno County Fire Station No. 87, which is located within two
miles. City of Fresno Fire Station No. 15, currently under construction, will be located at South
Clovis Avenue and East Park Circle is within three miles of the subject property. This fire
station is expected to ultimately serve the development.
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Page 13
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the fire related
mitigation measures as noted in the attached Project Specific Monitoring Checklist
dated September 8, 2005.
2. The proposed project shall implement and incorporate, as applicable, the Fire related
mitigation measures as identified in the attached Master Environmental Impact Report
No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated September
8, 2005.
11.6—Availability of Sewer Lines of Adequate Capacity
The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis
Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity of
the facility was expanded to accommodate up to 80 million gallons per day, and was upgraded
with modernized equipment to safeguard against equipment failures. However, in an attempt to
serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-
regional treatment and reclamation facilities will be required.
The Public Utilities Department has determined that adequate sanitary sewer service is
available to serve the project. The nearest public sanitary sewer main to serve this project is a
60-inch sewer main located in South Peach Avenue.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the sewer related
mitigation measures as noted in the attached Project Specific Monitoring Checklist dated
September 8, 2005.
2. 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 September
8, 2005.
11.7—Availability of Storm Water Drainage Facilities On or Off Site
In order to avoid or reduce the discharge of pollutants intoxthe storm water sewer system, the
U.S. Environmental Protection Agency requires that a Notice of Intent for a general National
Pollutant Discharge Elimination System (NPDES) permit be filed for a variety of industrial uses
and for any construction site of one 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.
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Page 14
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the storm water
related mitigation measures as identified in the attached Master Environmental Impact
Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated
September 8, 2005.
11.8 —Availability of Adequate Park and Recreation Areas
The subject property is adjacent to East Jensen Avenue, which is a planned expressway to be
paralleled with a multi-purpose trail with an equestrian component. The multi-purpose trail is
planned to be 26 feet in width, which includes landscaping and shrubs to make it inviting and
practical for trail enthusiast and individuals that may wish to use it for active modes of
transportation. However, it is recommended that the equestrian component from South Peach
Avenue, east to South Willow Avenue along East Jensen Avenue be eliminated. It is
recommended that this portion be deleted given that equestrians are highly unlikely to travel
along this street given the high volume of traffic, including industrial traffic, which makes this
portion of the trial unappealing to equestrian riders because of its urban environment. In
addition, in an attempt to connect the planned multi-purpose trail along East Jensen Avenue to
the planned multi-purpose trail along the south side of Fresno Irrigation District Central Canal
No. 23 located approximately 1,000 feet north of the northern boundary of the subject property,
it is recommended that the applicant provide an alternate connection from East Jensen Avenue
north along the western boundaries of the subject property. Although this connection is not
depicted on Exhibit 9 (Multi-purpose Trails Plan Map) of the 2025 Fresno General Plan, staff will
require this connection given that the existing trailer park immediately to the west of the subject
property is currently developed and is unlikely to redevelop in the immediate future, thus
portions of the multi-purpose would not connect along Central Canal No. 23 or along East
Jensen Avenue. By providing the connection, additional recreational opportunities would be
provided which would help implement the overall goals of the 2025 Fresno General Plan.
13.0 —AESTHETICS
The subject property is currently vacant and is bordered to the .north by a rural residence,
vacant land to the east which is proposed for development with single family residences, to the
south by an arterial street (East Jensen Avenue) and to the west by a trailer home park. There
are currently ten rural type residences along the south side of East Jensen Avenue. While the
development will result in minor changes to the existing landscape of the area, the proposed
project is not expected to obstruct a public or scenic vista. PJthough the homes to the south and
west have enjoyed the benefits of not having urban development proximate to their homes, the
proposed development will provide a 26 foot multi-purpose trail, including a wall which will
screen the view of the proposed homes to the units immediately to the south. Furthermore, the
multi-purpose trail will provide landscaping and an additional ten feet of landscaping which will
provide an aesthetically pleasing view in comparison to the rear or side of homes. Similarly, the
view of the homes to the west of the subject property are not expected to be obstructed given
that the homes will be single story and will provide varying roof lines which will resemble single
family homes rather than duplexes.
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Page 15
13.2 - Creation of Aesthetically Offensive Conditions
During the clearance, grading and construction phases of the project, the creation of an
aesthetically offensive condition can be expected in terms of the general appearance of the site.
However, it is anticipated that this condition would be limited to the localized area and would
only exist temporarily, therefore no long term impacts are anticipated.
14.0— HISTORICAL/ARCHAEOLOGICAL
There is no evidence of historical or archaeological artifacts. However, 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.
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 Califomia 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.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the historical/
archaeological mitigation measures as identified in the attached Master Environmental _
Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist
dated September 8, 2005.
DETERMINATION
x
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 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)
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Page 16
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 proiect approval which are referenced by
this environmental assessment and as identified by the Master Environmental Impact
Report No. 10130 prepared for the 2025 Fresno General Plan and are conditions upon
which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE
DECLARATION WILL BE PREPARED.
K1 AROW Fkw-2004—PLAN AMENOMENTSU-04-023,R-03-076,T.5279 SPGWMEJWMWn R\ §FamYy SubmIWA44-23,R-03.78,T-UM,G45-1054S.dac
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Page 17
CITY OF FRESNO
MITIGATED NEGATIVE DECLARATION
MONITORING CHECKLIST
ENVIRONMENTAL ASSESSMENT NO. A-04-23,R-03-76, T-5279/C-05-105
MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY
2.1 Approval of the proposed Planning and Prior to occupancy of Planning and
project shall be conditioned Development Dept., any building within the Development Dept.,
upon compliance with the San Building Section project. Building Section and
Joaquin Valley Air Pollution and Public Works Public Works Dept.,
Control District (SJVAPCD) Dept., Construction Construction
Regulation VIII, Rule 8020, as Management Div. Management Div.
related to fine particulate matter
and dust.
3.1 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public
3.2 adequate water service and Utilities any building within the Utilities, Public
3.5 groundwater recharge for the project. Works Dept.,
project per Department of Planning and
Public Utilities requirements. Development Dept.
7.0 Exposure to high noise levels Planning and Prior to occupancy of Planning and
Development Dept. any building within the Development Dept.
project
9.1 Approval is subject to an Planning and By City Council action on Planning and
9.4 amendment to the 2025 Fresno Development Dept. Plan Amendment Development Dept.
General Plan and Roosevelt application.
Community Plan.
10.1 Project development is subject Public Works Dept. By City Council action on Public Works Dept.
10.2 to street improvements and Planning and Plan Amendment and Planning
standards. Development Dept. application. Development Dept.
11.1 Pay appropriate UGM Fire Planning and At time of building permit Planning and
11.4 Station Capital Fee and School Development Dept. issuance. Development Dept.
Development Fee and comply
with on-site use restrictions.
11.5 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public
11.6 adequate sewer service for the Utilities any building within the Utilities, Public
project per Public Utilities Dept. project. Works Dept., and
requirements/findings. Planning and
Development Dept.
EIR Mitigation Measures and Planning and Prior to occupancy of Planning and
No. findings of Final EIR No. 10130 Development Dept. any building within the Development Dept.
10130 (Roosevelt Park Community as authorized by project.
Plan) are incorporated as noted Section 15150 of
in attached checklist. CEQA.
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