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HomeMy WebLinkAboutT-5283 - Conditions of Approval - 3/11/2005 Chy 01 W REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. �;8 COMMISSION MEETING February 16, 2005 APPROVED BY FROM: STAFF, Planning Divisiork— Planning and Development epartme DEPARTMENT D TOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-77, VESTING TENTATIVE TRACT MAP NO. 5283/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-77/T-5283 EXECUTIVE SUMMARY The applicant, Cambridge and Lennar Homes, Inc., has filed Rezone Application No. R-04-77 and Vesting Tentative Tract Map No. 5283/UGM for approximately 20 acres of property located on the south side of East Kings Canyon Road between South Armstrong and South Temperance Avenues. The rezone application proposes to reclassify the subject property from the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district. Vesting Tentative Tract Map No. 5283/UGM proposes to subdivide the 20-acre site into a 93-lot, single family residential subdivision at an overall density of 4.65 dwelling units per acre. The rezone application and tentative tract map would bring the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. This rezone application and subdivision map are supported by staff. PROJECT INFORMATION PROJECT Request to rezone the project site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district which would facilitate the development of a 93-lot, single-family residential subdivision to be developed at an overall density of 4.65 dwelling units per acre APPLICANT Cambridge and Lennar Homes, Inc. (Engineer: Yamabe & Horn) LOCATION South side of East Kings Canyon Road between South Armstrong and South Temperance Avenues (Council District 5, Councilmember Dages) SITE SIZE Approximately 20 acres LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing - AE-20/UGM(Exclusive Twenty Acre Agricultural/Urban Growth Management) Proposed - R-1/UGM (Single Family ResidentiallUrban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and 93-lot, single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium-low density (2.19 to 4.98 units per acre) residential planned land uses REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 2 ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 dated November 23, 2004 PLAN COMMITTEE The Roosevelt Community Plan Citizens Advisory Committee RECOMMENDATION reviewed the rezone application and tract map at their November 15, 2004 meeting. The Committee recommended approval subject to the conditions listed below. STAFF RECOMMENDATION Recommend approval of rezone application and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5283/UGM dated February 16, 2005 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North East Kings Canyon Road East Kings Canyon Road East Kings Canyon Road Vacant/Proposed for R-1 development with a 91-lot, South Medium Low Density Residential Single Family Residential single family residential subdivision AE-20/UGM EastExclusive Twenty Acre Medium Low Density Residential Agricultural DistrictlUrban Rural Residential Growth Management R-11UGM Vacant/Proposed for Single Family development with an 84-1ot, West Medium Low Density Residential ResidentiallUrban Growth single family residential Management subdivision ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-77/T-5283 considered potential environmental impacts associated with the subject rezone application and subdivision map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 23, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 3 BACKGROUND/ANALYSIS The applicant, Cambridge and Lennar Homes, Inc., has filed Rezone Application No. R-04-77 and Vesting Tentative Tract Map No. 5283/UGM for approximately 20 acres of property located on the south side of East Kings Canyon Road between South Armstrong and South Temperance Avenues. The rezone application proposes to reclassify the subject property from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5283/UGM proposes to subdivide the 20-acre site into a 93-lot, single family residential subdivision at an overall density of 4.65 dwelling units per acre. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which also updated the Roosevelt Community Plan. The updated community plan designates the subject property for medium-low density residential planned land uses (2.19 —4.98 units per acre). The proposed R-1 zone district conforms to the medium-low density residential planned land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Table." Surrounding land uses are characterized by vacant properties to the south, east and west, however it should be noted that these properties were recently rezoned and approved for development with single family residences. Property to the east is characterized by rural residential development while the property is bordered to the north by East Kings Canyon Road. Roosevelt Community Plan Citizens Advisory Committee The Roosevelt Community Plan Citizens Advisory Committee reviewed the rezone application and the tentative tract map at their meeting on November 15, 2004. The committee had several concerns regarding design, open space and compatibility with the surrounding uses. The committee recommended that the applicant provide additional usable open space in comparison to the open space depicted on Vesting Tentative Tract Map No. 5283/UGM dated October 4, 2004. Pursuant to the open space policy of the Roosevelt Community Plan, new residential subdivisions are required to designate and develop at least five percent of the total project area for open space uses. The five percent requirement for this project would equate to one acre. The applicant proposes 1.05 acres of property for open space purposes. However, Plan Amendment Application No. A-03-17, which was approved by the City Council on November 3, 2004, allows a developer to pay a fee for open space-park purposes in lieu of the actual development of the required five percent open space. The committee also recommended that the applicant provide an enhanced landscaped pedestrian path throughout the tract. This path would allow children to access the school located to the west of the proposed project. As previously mentioned, the proposed project is surrounded by land that has been approved for residential development. Properties to the east, south and west (Tentative Tract Map Nos. 5196, 5294, and 5310) will be required to construct improvements to the major and local streets. These improvements include the construction of curb, gutter, sidewalks, streetlights, a school cross walk with yellow flashing beacons (intersection of South Armstrong and East Lane Avenues) etc., all of which were requirements of the proposed maps approved for the immediate area. With the improvements required for each subdivision, a local street network will be in place allowing alternative modes of transportation on improved surfaces from one neighborhood to another without crossing over large unimproved parcels. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 4 Water Resources and Public Water Supply The Water Division of the Department of Public Utilities has determined that there is an adequate source of water available to serve the project with the implementation of the UGM service delivery requirements and environmental impact mitigation measures. The nearest presently available water service lines are located in East Kings Canyon Road and South Armstrong Avenue. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent flood control service is not available for this project. The developer will be required to construct temporary facilities until permanent facilities become available. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD), which is sufficient to accommodate continued planned urban development including the proposed project. The Department of Public Utilities has determined that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed with the environmental assessment. The nearest public sanitary sewer main to serve this project is located in East Butler Avenue. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates East Kings Canyon Road as an arterial street, which typically requires a 110-foot right-of-way width. The applicant will be required to dedicate and construct improvements for East Kings Canyon Road. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights to East Kings Canyon Road for all residential lots abutting the major street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5283/UGM Conditions of Approval dated February 16, 2005. Street and Access Points This applicant proposes two points of major street access to and from the subject site. The applicant has proposed one point of access to East Kings Canyon Road and a second point through Tentative Tract Map No. 5196 located immediately to the west of the subject tract map via proposed East Raco Avenue to South Armstrong Avenue. The Public Works Department, Transportation Planning Section has reviewed the rezone application and tentative tract map and have determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 5 Proximity to Power Lines The proposed subdivision abuts Pacific Gas and Electric high voltage transmission power lines, which traverse the project site in a northwest and southeast direction. Recently, some private and public agencies have expressed concern regarding possible adverse health effects, which may result from the electromagnetic fields generated by the flow of electricity through the high voltage transmission lines. The Environmental Protection Agency released a study document summarizing the evidence about electromagnetic fields and its effects on human health. The study found that, as related to the electromagnetic fields, there is only a limited understanding of how it might lead to carcinogenesis and that there was not enough knowledge to warrant a dose response assessment. The EPA decided that the evidence suggests a hazard but declined to apply a classification scheme to this kind of agent as is currently done for known hazardous chemicals. The California Department of Health Services has concurred with this judgment. Because of the lack of clear evidence, the Department of Health Services and the Public Utilities Commission have not proposed any regulation at this time. The Department of Health Services, however, does advise that city planners, school boards, and real estate developers and those who control the building codes may find themselves forced to deal with the issues of proximity to electric transmission line rights-of-way or easements. Due to the lack of regulation from the State and the Federal Governments, the California Department of Education has adopted a policy that recommends minimum distances between new schools and the edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 W lines, 150 feet for 220-230 W lines, and 250 feet for 345 W lines. It is noted that these guidelines are not based on specific scientific evidence. City staff acknowledges there is public concern about the possible health hazards related to the delivery of electric power and much of the concern is based on suggestive data that, at this time, is both incomplete and inclusive. However, until we have the necessary information, a "prudent avoidance" strategy that limits exposure when it can be done at a reasonable cost and with reasonable effort would seem appropriate. The Planning and Development Department has advised the developer of this project of the department's concern and has recommended that they voluntarily design their project to avoid or limit the exposure to the power lines until specific scientific evidence is available to determine if there is a hazard. LandscapingfWalls Given that the proposed subdivision abuts a planned arterial street, the developer will be required, in accordance with the Roosevelt Community Plan Policy No. 2-3.9, to install 25 feet of landscaping along East Kings Canyon Road. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback which will mitigate the adverse effect of noise generated by vehicles traveling on the major street. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet. All of the lots in the subdivision exceed the minimum lot size requirement. In addition, all lots meet or exceed the minimum lot width (60 feet) and depth (100 feet) as required by the R-1 (Single Family Residentiao zone district. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 6 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Roosevelt Community Plan designates the site for medium-low density residential planned land uses and the project design meets the density and zoning ordinance criteria for development in this plan designations. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. 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. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-77 Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 7 State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has indicated that the proposed project in and of itself is not expected to create significant impacts to the state highway system. However, the project abuts a state route facility (State Route 180) which will require that the applicant submit an irrevocable offer of dedication to Caltrans. The requirements for this dedication is incorporated into the Conditions of Approval dated February 16, 2005, for Vesting Tentative Tract Map No. 5283/UGM. CONCLUSION / RECOMMENDATION Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action of the proposed tentative tract map, unless appealed to the Council, is final. It is recommended that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL of the environmental finding for Environmental Assessment No. R-04-77/T-5283 dated November 23, 2004, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-77 which proposes to rezone the project site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5283/UGM subject to compliance with the Conditions of Approval dated February 16, 2005 and the attached Exhibit A. KAMaster Files-Tract Maps\Tract 5283 Paul Bernal(R-04-77)\R-04-77,T-5283 Planning Commission Report 2-16-05.doc Attachments: Vicinity Map 2002 Aerial Photograph of Site Exhibit"A"Vesting Tentative Tract Map No. 5283/UGM dated October 4, 2004 Exhibit "B" Median and Bulb-Out Detail (Proposed South Apricot Avenue) Conditions of Approval for T-5283/UGM dated February 16, 2005, including letters from the Parks Department (10/25/04), Department of Public Utilities (10/28/04), Fresno Metropolitan Flood Control District (10/28/04), San Joaquin Valley Air Pollution Control District (10/07/04), Sanger Unified School District(10/06/04), Pacific Gas and Electric Company (10/15/04) Letter from Caltrans dated October 20, 2004 Environmental Assessment No. R-04-77/T-5283, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 23, 2004 j W 0 z O o: ..�..�..�..�..� KINGS CANYON ........�..�..�..�.. I 1 1 i 1 t 1 1 1 1 1 1 1 1 i 1 I s 1 LANE i 1 j LANE I J O 1 LOWE 00 a LIBERTY i I LIBERTY F=i LEGEND Subject Property U.aM.Area VICINITY MAP PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5283/UGM REZONING APPLICATION NO. R-04-077 A.P.N.: 313-040-11 From AE-20/UGM to R-1/UGM ZONE MAP: 2457 South of Kings Canyon Rd., east of Armstrong Ave. NOT TO SCALE BY/DATE: J.S./ 10-4-04 77 .. 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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. 5283/UGM entitled "Exhibit A," dated October 4, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-04-77. 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 [FMC]). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 2 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. 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 developerlowner 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 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 Kings Canyon Road from all residential lots which abut this street. Ref Section 12-1011 of the Fresno Municipal Code. 11. The Outlot A and Outlot B shall be for landscape purposes. Outlot C shall be proposed for future development with the property to the west. The developer shall be required to comply with the City of Fresno's "Remnant Parcel Policy" for the outlots. (Attached) 12. The developer shall provide enhanced entryways into the subdivision as recommended by the Roosevelt Community Plan Advisory Committee at there November 15, 2004 meeting. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 3 Landscaping and Walls 13. Pursuant to Roosevelt Community Policy No. 1-17.3 the developer/owner shall designate and develop at least five percent of the total project area for public or private open space such as lakes, community recreation or passive open space. It is noted that proposed Outlots A and B will be used for open space purposes as depicted on Vesting Tentative Tract Map No. 5283/UGM dated October 4, 2004. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi public open space within 1 '/4 quarter mile of the development. The City Council on November 3, 2004, approved Plan Amendment No. A-03-17 to the above-noted policy of the Roosevelt Community Plan to allow for the payment of fees for open space-park purposes in lieu of the actual development of the required five percent open space. Pursuant to this amendment an equivalent amount of funds in lieu of park space improvement may be paid to the city subject to the terms of Resolution No. 2004-450 approving this plan amendment. 14. Provide a 25-foot landscape easement (and irrigation system) along the north property lines of lots which back onto East Kings Canyon Road. Any proposed and/or future fences, walls, or any other material used for screening must be located at the rear of the required landscape easement. 15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 16. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, 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: 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 25-foot wide landscape easement along the property lines that back-onto East Kings Canyon Road. 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 Kings Canyon Road 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. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 4 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 18. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 16, 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 (CCBRs) 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 CCBRs dated January 11, 1985. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 20. Construct a solid masonry wall or combination of solid masonry wall and berm in accordance with the Acoustical Analysis conducted by Brown-Buntin Associates, Inc. for Tract Map No. 5196 which abuts Vesting Tentative Tract Map No. 5283/UGM dated October 4, 2004. The solid masonry wall shall be constructed (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC shall be at the rear of the required 25-foot landscape easement along East Kings Canyon Road. 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. Building Setbacks 21. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit "A" of Vesting Tentative Map Tract No. 5283/UGM dated October 4, 2004, and the provisions of Section 12-211.5-E of the FMC, unless otherwise noted in these conditions. 22. Proposed lots 23 through 29, inclusive shall have a 45-foot building setback (measured from the proposed property line) along the northern property line. The 45-foot building setback may include the required 25-foot landscape easement as described above. Information 23. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Sanger Unified School District in accordance with the school district's adopted schedule of fees. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 5 24. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 25. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 26. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 27. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 28. 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. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 29. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 30. 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; Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 6 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. 31. 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. 32. 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). 33. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank, cesspool or water well. All permits shall be obtained prior to commencement of such work, in accordance with Chapter 13 of the FMC. PARK SERVICE 34. Comply with the Department of Public Works letter for street tree requirements dated October 25, 2004. Urban Growth Management Requirements 35. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 36. This project is within three miles from Fire Station No. 15 and County Fire Station No. 88. 37. The streets leading in from South Armstrong Avenue to Vesting Tentative Tract Map No. 5283/UGM shall be substantially complete in order to receive approval from the Fresno Fire Department. All weather surfaces shall be required between October 1 to May 1 of each calendar year. All weather surface shall be graded to drain and be constructed with a minimum 20 foot clear useable path and a minimum 44 foot centerline tum radius. 38. All streets over 450 feet in depth shall have two means of access. All surface access roads shall be installed and made serviceable prior to and during the time of construction. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 7 39. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 40. Provide cul-de-sacs or other approved turn-arounds between lots 29 and 30, 45 and 46, 61 and 62, 77 and 78. Urban Growth Management Requirements 41. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. SOLID WASTE SERVICE 42. 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. 43. 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. 44. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 45. Developer shall provide 18 feet of unobstructed clearance along the path that the solid waste truck travels. 46. Every street shall connect to one another or a temporary turn around shall be provided. Turnaround shall be large enough to accommodate a truck with a 44 foot turn radius. STREETS AND RIGHTS-OF-WAY 47. 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. 48. 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 four foot minimum unobstructed path requirement. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 8 49. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the 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). 50. 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. 51. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for arterial (East Kings Canyon Road) and local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolution Nos. 68-187, 78- 522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 52. 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. 53. 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. MAJOR STREETS East Kings Canyon Road/State Route 180 (Arterial): 54. Dedicate 48 feet of property, from section line, for public street purposes within the limits of this subdivision to meet Caltrans standards. Provide a dedication for the asphalt/concrete transition as required by Caltrans design standards. 55. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10 foot residential pattern within the limits of this tract. 56. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. 57. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 9 58. Relinquish direct access rights to East Kings Canyon Road from all lots that abut this street within the limits of this tract (Reference Section 12-1011 of the FMC). INTERIOR STREETS 59. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for 50 foot and 54 foot streets. 60. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Requirements 61. The first order of work shall include a minimum of two points of vehicular access to the streets for any phase of this development. 62. East Raco Avenue: Dedicate and construct 22 feet (two center travel lanes) from the westerly limits of this subdivision west to South Armstrong Avenue. Dedicate and construct a four foot wide Asphalt-Concrete. walkway from the westerly limits of this subdivision west to South Armstrong Avenue. 63. Construct the north/south local street opening to East Kings Canyon Road at the one- quarter mile point. Said access shall be constructed with a full opening and 150 foot turn pockets. The center line of the proposed street shall match the center line of the private road located on the north end of East Kings Canyon Road. Dedicate 50 foot street easement for public street purposes. 64. East Lane Avenue: Dedicate 42 feet for public street purposes adjacent to Lot 9 of this subdivision and an additional 13 feet to Lot 1 of the subdivision to the east or prohibit parking on the south side of East Lane Avenue adjacent to the above-mentioned parcels by installing "No Stopping" signs. Construct Asphalt-Concrete paving and transitions as needed. 65. South Armstrong Avenue at East Lane Avenue: Install yellow flashing beacons and a school crosswalk for the intersection of South Armstrong Avenue and the most northerly alignment of East Lane Avenue. Provide curb ramps on both sides of South Armstrong Avenue adjacent to the crosswalk. 66. South Apricot Avenue shall incorporate a median and bulb-out as depicted on Vesting Tentative Tract Map No. 5283/UGM entitled Exhibit "A". The median and bulb-out shall conform to the attached exhibit entitled Exhibit"B". Urban Growth Management Requirements 67. This map is in UGM major street zone D-1/E-2; therefore, pay all applicable UGM fees. 68. Dedicate and construct two 17 foot center travel lanes within East Kings Canyon Road within the limits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 10 69. Construct a raised concrete median island within East Kings Canyon Road within the limits of this subdivision. 70. Dedication shall be sufficient to accommodate arterial standards and any other grading or transitions as necessary based on a 55 MPH design speed. 71. Design and construct a Major Street Bridge at the intersection of South Temperance Avenue and the Briggs No. 7 Canal. SANITARY SEWER SERVICE 72. The nearest sanitary sewer mains capable of serving the project are a 15-inch and 12-inch sanitary main located in East Butler Avenue. Sanitary sewer service through the city's sewer system would require the following prior to connection. 73. Construction of a 10-inch sewer main in South Armstrong Avenue from East Butler Avenue north to East Lane Avenue of Tentative Tract Map No. 5310. However, should Vesting Tentative Tract Map No. 5283/UGM precede Tentative Tract Map No. 5310, an alternative sewer extension may be required. 74. Construction of an 8-inch sewer main in East Lane Avenue north to South Apricot Avenue through a dedicated 50 foot public utility easement. However, should Vesting Tentative Tract Map No. 5283/UGM precede Tentative Tract Map No. 5310, an alternative sewer extension may be required. 75. Connection to the East Kings Canyon Road sanitary sewer main shall not be allowed. 76. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 77. Separate sewer house branches shall be provided for each lot created. 78. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 79. A preliminary sewer design layout shall be submitted for review and subject to the Department of Public Utilities approval prior to submitting engineered improvement plans for City approval. 80. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 81. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. 82. Comply with the Department of Public Utilities memorandum dated October 28, 2004 Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 11 Urban Growth Management Requirements 83. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Charge; Trunk Sewer Charge (Fowler); and, Wastewater Facilities Charge (residential only). WATER SERVICE 84. The nearest City of Fresno water main capable of serving the project is a 14-inch water main located in South Armstrong Avenue and a 14-inch water main located in East Kings Canyon Road. The following conditions are required to provide water service to the tract. 85. The 10 foot water main located east of the proposed South Apricot Avenue between East Lane and East Alta Avenues shall be abandoned by the City at the developer's expense. 86. Vacation of the 10 foot water easement is required between East Lane and East Alta Avenues east of the proposed South Apricot Avenue. 87. 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. Well site(s) shall be a size(s) and at a location(s) acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and construction of the well(s) shall be reimbursed fro the UGM Water Supply Well Service Area Fund 501s, in accordance with established UGM policies. 88. Water well construction shall include wellhead treatment facilities if required. The cost for constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501 s in accordance with established UGM policies. 89. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 90. Separate water services with meter boxes shall be provided to each lot created. 91. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 92. 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. 93. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 94. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 12 95. Installation of public fire hydrant(s) is required in accordance with City Standards. 96. Payment for installation of water service(s) and/or meter(s) is required. 97. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. 98. Comply with the Department of Public Utilities memorandum dated October 28, 2004. Urban Growth Management Requirements 99. The proposed subdivision is located within UGM Water Service Area No. 501s. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 100. 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. 101. 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 102. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 103. 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. 104. 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. 105. 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. Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 13 106. 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 107. 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 28, 2004. 108. 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 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 109. According to a letter dated October 21, 2004, from the Fresno Irrigation District, they do not operate or maintain any facilities on the site, therefore, they have no requirements. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 110. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated October 7, 2004, for Vesting Tentative Tract Map No. 5283/UGM. SANGER UNIFIED SCHOOL DISTRICT 111. The developer/owner shall comply with the requirements in the letter from the Sanger Unified School District dated May 6, 2004, for Vesting Tentative Tract Map No. 5283/UGM. PACIFIC GAS AND ELECTRIC COMPANY 112. The developer/owner shall comply with the requirements in the letter from Pacific Gas and Electric Company dated October 15, 2004. DEPARTMENT OF TRANSPORTATION (Caltrans) 113. The developer/owner shall comply with the requirements in the letter from the Department of Transportation (Caltrans) dated October 20, 2004, for Vesting Tentative Tract Map No. 5283/UGM Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 14 DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City-installed tree c. Street Tree Inspection fee $30.00/tree Developer-installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection fee $29.00 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE g. Metropolitan Flood Control District fee " Contact FMFCD for new fees. Rates increased March 1, 2004. SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) i. Oversize Charge $0.05/sq. ft. (to 100-foot depth) j. Trunk Sewer Charge $344/living unit Service Area: Fowler k. Wastewater Facilities Charge $2,119/living unit I. Copper Avenue Sewer Lift Station Charge n/a m. Fowler Trunk Sewer Interim Fee Surety n/a n. House Branch Sewer Charge n/a o. Millbrook Overlay Sewer n/a Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 15 WATER CONNECTION CHARGES FEE RATE p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $643/gross acre s. Transmission Grid Main Bond Debt $243/gross acre Service Charge t. UGM Water Supply Fee $238/living unit Service Area: 501-S u. Well Head Treatment Fee $238/living unit Service Area: 501-S v. Recharge Fee $75/living unit Service Area: 501 w. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE x. Northeast Fresno Policing Area n/a y. Traffic Signal Charge n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* z. UGM Fire Station Capital Fee $605/gross acre Service Area: 15 aa. UGM Park Fee $2392/gross acre Service Area: 2 bb. Major Street Charge $3161/adj. acre Service Area: D-1/E-2 Conditions of Approval Vesting Tentative Tract Map No. 5283/UGM February 16, 2005 Page 16 cc. Major Street Bridge Charge $304/adj. acre Service Area: D-1/E-2 ee. Traffic Signal Charge $478/adj. acre dd. UGM Grade Separation Fee n/a ee. Trunk Sewer Charge n/a Service Area: Fowler ff.* Street Acquisition/Construction Charge n/a K:\Master Files-Tract Maps\Tract 5283 Paul Bemal(R-04-77)\T-5283 Conditions of Approval 2-16-05.doc City of ,So l i, DATE: February 16, 2005 TO: Paul Bernal, Planner III Development Department, Planning Division ,Q THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager 3(J' Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: TT 5283, Public Works Conditions of Approval (Kings Canyon: between Armstrong and Temperance) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5283, which was submitted by Lennar Homes, Inc. Cambridge Homes. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide handicap access 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, 8-801 and Resolution No. 78-522/88-229. Submit the following plans, as a single package, to the Public Works Department for review and approval: Street Construction Plans; Signing and Striping; Traffic Signal and Streetlight; and Landscape and Irrigation. Frontage Improvement Requirements: Major Streets: East Kings Canyon Road: Arterial (State Route 180) 1. Dedicate 48' of property,from section line,for public street purposes within the limits of this subdivision to meet Caltrans standards. Provide a dedication for the A.C. transition as required by Caltrans design standards. 2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a ten (10) foot residential pattern. 3. Construct twenty (20) feet 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 Kings Canyon Road from all lots within this subdivision. Page 1 of 3 L:\Traffic Planning Section\Tract Maps\T-5283 rev KINGS CANYON EAST OF ARMSTRONG.doc Interior Streets: Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty (50)foot and sixty (60) foot streets. 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: 1. This tract will generate 70 a.m. /94 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. 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. a. East Raco Avenue: Dedicate and construct 22' (2 center travel lanes) from the westerly limits of this subdivision west to Armstrong. Dedicate and construct a 4' wide AC walkway from the westerly limits of this subdivision west to Armstrong. b. Construct a north/south local street opening to Kings Canyon Road at the '/ mile point. Said access shall be constructed with a full opening and 150 foot left turn pockets. Dedicate a fifty (50) foot street easement for public street purposes. 3. East Lane Avenue: Dedicate 42' for public street purposes adjacent to lot 9 of this subdivision and an additional 13' adjacent to lot 1 of the subdivision to the east or prohibit parking on the south side of Lane Avenue adjacent to the above mentioned parcels by installing "No Stopping" signs. Construct AC paving and transitions, as needed. 4. Armstrong at Lane: Install yellow flashing beacons and a school crosswalk for the intersection of Armstrong and the most northerly alignment of Lane. Provide curb ramps on both sides of Armstrong adjacent to the crosswalk. 5. Eliminate the 4-way intersection at East Alta and South Joshua. Minimum offset from center line to center line shall be one hundred sixty (160) feet. 6. South Apricot Avenue exceeds the City of Fresno's standards for allowable local street lengths. Re-design is required. (suggestion: extend East Alta and East Montecito Avenues easterly and provide for the extension of East Shelly Avenue) UGM Requirements: This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees. Kings Canyon Road: Arterial 1. Dedicate and construct (2) two 17' center section travel lanes and a raised concrete Median Island within the limits of this subdivision. 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 55 MPH design speed. Page 2 of 3 UTraific Planning Section\Tract Maps\T-5283 rev KINGS CANYON EAST OF ARMSTRONG.doc Temperance Avenue 1. Design and construct a Major Street Bridge at the intersection of Temperance Avenue and the Briggs No. 7 Canal. Public Works will apply this requirement to a minimum of 4 other sub- divisions with each subdivision being responsible for a fee no greater than 1/5 of the cost of said bridge with an estimated cost at a 3 year future value. The present and future values shall be agreed upon by the Public Works Department prior to the subdivision agreement formation. Page 3 of 3 L:\Traffic Planning Section\Tract Maps\T-5283 rev KINGS CANYON EAST OF ARMSTRONG.doc D E P A R T M E N T O F P U B L I C W O R K S TO: Paul Bernal,Planner III Planning Division FROM: NANCY MORRISON,PROGRAM MANAGER, (559.621.8690) DATE: October 25, 2004 Subject: Tentative Tract 5283 The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Lennar Homes, on engineering drawings plans prepared by Yamabe and Horn, dated September 23,2004. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES and BUFFER LANDSCAPING. STREET TREE REQUIREMENTS A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage. Street trees shall be planted at the rate of one tree for each 60'of street frontage. The subdivider is required to provide street trees on all public street frontages and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: STREET NAME STREET TREE SPECIES East Kings Canyon Pistacia chinensis, (Chinese Pistache) East El Monte Way Nyssa sylvatica, (Tupelo) East Montecito Ave. Camphora cinnamomum,(Camphor) East Alta Avenue Pistacia chinensis, (Chinese Pistache) East Raco Ave. Camphora cinnamomum,(Camphor) East Lane Nyssa sylvatica, (Tupelo) Shelly Avenue Ginkgo biloba, (Ginkgo) South Apricot Sapium sebiferum, (Chinese Tallow Tree) New Name Ginkgo biloba, (Ginkgo) C. Street trees designated for interior streets are to be planted within the PPUE which shall be designated on the Tract Map. 2. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS A. The subdivider is required to provide landscaping, irrigation and long term maintenance for the landscape buffer and right-of-way on East Kings Canyon Avenue. The subdivider may petition for annexation in the Community Facilities District,or may form a Home Owner's Association. B. 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 Department of Public Works comments T-5383 Tentative Map October 25,2004 page 2 landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with P of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the 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 waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. 3. OUTLOTS A and B A. The DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If these outlots are to be included into the Community Facilities District,THE DEPARTMENT OF PUBLIC WORKS will require landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the district. City of \1Z DEPARTMENT OF PUBLIC UTILITIES Date: October 28,2004 To: PAUL BERNAL,Planner III Planning and Development Department, Advance Planning From: DOUG IIE C'KER, Supervising Engineering Technician Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5283, R-04-77 General T-5283 and R-04-77, a 93-lot single-family residential subdivision, rezoning from the AE-20/UGM to R-1/U-GM zone district on 18.4 acres located on the south side of East Kings Canyon Road between South Armstrong and South Temperance Avenues. Environmental Recommendations A NEGATIVE 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 Sevier Requirements The nearest sanitary sewer mains to serve to the project are a 15-inch and 12-inch mains located in East Butler Avenue. The following conditions shall be required to provide sewer service to the Project: 1. Construction of a 10-inch sewer main in South Armstrong Avenue from East Butler Avenue north to East Lane Avenue of Tentative Tract 5310. 2. Construction of an 8-inch sewer main in East Lane Avenue east to South Apricot Avenue, through a dedicated 50-foot public utility easement. 3. Connection to the East Kings Canyon Road sanitary sewer main shall not be allowed. 4. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 5. Separate sewer house branches shall be provided for each lot created. 6. Abandon all existing on-site private sanitary sewer systems. 7. A Preliminary sewer design layout shall be submitted for review, and subject to Department of Public Utilities approval, prior to submitting engineered improvement plans for City approval. 8. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 9. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary 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 Charge 3. Trunk Sewer Charge: Fowler 4. Wastewater Facilities Charge(Residential Only) Water Requirements The nearest City of Fresno water mains to serve the project are a 14-inch main located in South Armstrong Avenue and 14-inch main located in East Kings Canyon Road. The following water improvements shall be required prior to providing City water service to the project. 1. The 10-inch water main located east of the proposed South Apricot Avenue between East Lane Avenue and East Alta Avenue shall be abandoned by the City at the developer's expense. 2. Vacation of the 10-foot water easement is required between East Lane Avenue and East Alta Avenue east of the proposed South Apricot Avenue. 3. 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. 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(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. 4. Water well construction shall include wellhead treatment facilities, if required. The cost for constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501 s, in accordance with established UGM policies. 5. Water mains(including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 6. Separate water services with meter boxes shall be provided to each lot created. 7. Installation of public fire hydrant(s) is required in accordance with City Standards. 8. Seal and abandon existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 9. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 10. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 11. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water UGM 1. UGM Water Service Area: #501s Water Fees 1. Payment for installation of water service(s) and/or meter(s) is required. 2. Water Connection Charges are due and shall be paid for the Project. File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER M4 Mr. Gil Haro, Planning Manager CAMBRIDGE HOMES Planning & Development Department 7485 N. PALM, STE. 101 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5283 PRELIMINARY FEE(S) (See below) M4 DRAINAGE AREA(S) " BM - DRAINAGE AREA BM $86,194.00 DATE (p Zg DRAINAGE AREA - - TOTAL FEE $86,194.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. co 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. 5283 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 AL2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. 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. 5283 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, co April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5283 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. erald E. Lak man, Project Engineer: c y ns District Engineer, Assistant General Manager C: YAMABE & HORN ENGINEERING 1300 E. SHAW, STE. 176 FRESNO, CA 93710 5283 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, 36 I � 30� �� DISTANCES ARE APPROXIMATE. KINGS CANYON RD. w s r n i I 'j , S /�♦ meq+ .. I I 7 Y I `' � �I •` SCALE 1"=300' LANE— AVE. I r ;� �4�� , ,. �s•-0 I I I I I W LANE AVE. > ------------- I I I I J I I I I W I I i i I I LEGEND F_ Master Plan Facilities To Be Constructed By Developer, Also Required Of Tract 5310. a—— Existing Master Plan Facilities t— Future Master Plan Facilities Direction Of Drainage —————— Inlet Boundary TRACT 5283 FKaw DRAINAGE AREA:"BM" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: MM DATE: 10M KWAo=WWGM0M1BIIVRACTS1 ndn REVISED BY: — DAM — OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to recording of the final map. 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. The required eighteen inch (18") and twenty-four inch (24") storm drain line in Lane Avenue, as shown,on Exhibit No. 1 has also been required of the Developer of Tract 5310. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. Development No. Tract 5283 en gr\perm i t\exh ibit2\tracts\5283(rl) 91 San Joaquin Valley Air Pollution Control District October 7, 2004 Reference No. 666DEV2004 Paul Bernal I ^ '= " u Planning & Dev. Det. 2600 Fresno St., 3` Floor OCT 1 2 204 Fresno, CA 93721-3604 Subject: T-5283, R-04-77 (APN 313-040-11) Dear Mr. Bernal: 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 classified non-attainment for ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, the proposed project 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. Please be advised that on August 19, 2004 and September 16, 2004, the District's Governing Board approved amendments to Regulation VIII, Rules 8011-8061 and 8071-8081 respectively, that become effective on October 1, 2004. Amendments include changes to Rule 8021 (see section 6.3.1): the Dust Control Plan threshold has changed from 40.0 acres to 10.0 or more acres for residential sites. 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). Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Mr. Bemal October 7,2004 T-5283, R-04-77 Page 2 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 rules specifies architectural coatings storage, clean up and labeling requirements. 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) and Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1)wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all-inclusive.and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.oro/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv tree guidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Mr. Bernal October 7,2004 T-5283, R-04-77 Page 3 • 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 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. Specifically: A walkway should be provided to allow pedestrian access from the interior of the project to the sidewalk on East Kings Canyon Avenue. A potential location for a pedestrian access is at Outlot A. • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.enerpv.ca.gov/title24/. - Increased wall and ceiling insulation (beyond building code requirements) - Energy efficient widows (double pane and/or Low-E) - High-albedo (reflecting) roofing material. See http://eetd.lbi.gov/coolroof/ - Cool Paving. See http://www.harc.edu/harc/Prooects/CoolHouston/, http://eande.Ibi.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s) to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See httr)://www,eere.energy.gov/RE/solar-r)assive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.or-a - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit(such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenerqv(;enter.org/index.html http://www.ciwmb.ca.gov/GreenBuildin-g • 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 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 Mr. Bernal October 7,2004 T-5283, R-04-77 Page 4 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/ • Construction activity mitigation measures include: - Require construction equipment used at the site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. Use alternative fuel construction equipment. Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). Install wind breaks on windward sides of construction areas. Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and"Spare the Air Days"declared by the District. Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. 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) 230-5835 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 Student Intern Central Region Enclosure c:file SANGER UNIFIED SCHOOL DISTRICT 1905 SEVENTH STREET-SANGER,CA 93657 (559)875-6521/237-3171 FAX 875-0311 MARCUS R JOHNSON,SUPERINTENDENT 1889 October 6, 2004 LC Paul Bernal 0 C� 4 R 2004 City of Fresno,Planning&Development Department 2600 Fresno Street,Third Floor rv_ Fresno,CA 93721-3604 RE: Vesting Tentative Tract 5283,R-04-77 Dear Mr.Bernal: In response to the request for comments on the referenced project, the District submits the following information: Schools that presently serve the proposed project are John Wash School (K-6), Washington Academic Middle School (7-8), and Sanger High School (9-12). Please be advised that with the District's increasing enrollment, there is no guarantee that students generated by the project will be served by the listed schools. If a school is overcrowded at one or more grade levels, students who would otherwise attend that school may be transferred to another school. In accordance with Section 65995(b)of the California Government Code,the maximum development fees that a school can charge are currently $2.24 per square foot for residential development. The current fee of$2.24 per square for residential development is not sufficient to cover the full cost of providing school facilities to students from new residential development. For the construction of new facilities,the District must seek funding from the State of California Office of Public School Construction. Funding is based on the District's eligibility status at the time of application and is dependent upon the availability of State Building Funds. If you have any questions please feel free to contact me at(559) 875-6521. �Sincerely, Richard Sepulveda Director of Support Services "A Tradition of Excellence" Trustees: Peter R.Filippi Jim Gonzalez Paul Hernandez James D.Karle Kenneth R.Marcantonio Steve Mulligan Jesse Vasquez Pacific Gas and & Electric Company Corporate Real Estate 650"0"Street,Bag 23 South Valley Land Services Fresno, CA 93760-0001 October 15, 2004 "CEIVED Development Department Planning Division Land Division Section Attn: Paul Bernal DEVELOPMENT DEPARTMENT 2600 Fresno Street, Room 3043 CITY OF FRESNO Fresno, CA 93721-3604 OUR FILE. Herndon - Sanger- 115kV— (17/154) Dear Mr. Bernal, We have reviewed Vesting Tentative Tract Map No. 5283. Thank you for the opportunity to review the Vesting Tentative Tract Map No. 5283. Pacific Gas and Electric Company (PG&E) owns and operates electric transmission lines located within the proposed project's boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation of PG&E's facilities. Some examples of activities that could have an impact upon our facilities include permanent/temporary changes in grade under our facilities; construction of structures within or adjacent to PG&E's easements; and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Paul Bernal October 15, 2004 Page 2 Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-7373 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincerely, G7i�GvPi'7i v� Randy Walker Land Agent iTATE OF CALIFORNIA—BUSM51 TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Goycruor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX 559 488-4088 Flex your power! TTY (559)488-4066 OCT q� Be energy efficient! October 20, 2004 De17. - D;;t t 2131-IGRJCEQA 6-FRE-180-64.9 R-04-77 &T-5283 CAMBRIDGE HOMES Mr. Paul Berrial City of Fresno Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Dear Mr. Bernal: We have completed our review of the 93-lot single-family residential project to be located on the south side of East Kings Canyon Road between South Armstrong and South Temperance Avenues. Caltrans has the following comments: The proposed project, in and of itself, is not expected to create significant impacts to the State Highway System. This project is slightly below the 2025 General Plan MEIR threshold that requires projects producing 100 or more-peak-hour trips to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). However, when combined with the numerous other residential projects recently approved in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. The project is small, but when combined with other approved projects in the area, there is sufficient residential development to support transit. 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. According to our Transportation Concept Report (TCR), this segment of State Route (SR) 180 in the vicinity of the proposed project is planned for 110 feet. Caltrans right-of-way shows this segment existing at 60 feet. An irrevocable offer of dedication to Caltrans of 25 feet of right-of- way is needed to accommodate the ultimate configuration of SR 180. Dedications required by the Lead Agency need to be shown on a revised site plan and forwarded for our review. A summary of the requirements for right-of-way dedications is enclosed. The City should require curb, gutter and sidewalk, including the corresponding pavement widening, along the tract frontage to the State Highway. "Caltrans improves mobility across California" Mr. Paul Bernal October 20, 2004 Page 2 Tract fencing or wall structures need to be constructed outside of the State right-of-way. Telephone poles along the frontage of the tract need to be relocated behind the new curb and gutter, or the utilities should be placed underground. The face of the poles needs to be no closer to the new face of curb than 20 feet. Site runoff is not allowed in the State right-of-way. Highway drainage along the frontage of the development needs to be collected in an approved storm drain system. Is an onsite drainage basin proposed? An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under or over the State highway rights- of-way. Activity and work planned in the State right-of-way shall be,performed to State standards and specifications, at no cost to the State. Engineering plans, calculations, specifications, and reports (documents) shall be stamped and signed by a licensed Engineer or Architect. Engineering documents for activity and work in the State right-of-way shall be submitted using Metric Units. However, dual units may be used for activity and work in the right-of-way costing $1,000,000 or less, or by an exception approved by the Director. The preferred method of delineating dual units is by showing the English unit first then the Metric unit next to it in parenthesis. The Permit Department and the Environmental Planning Branch will review and approve the activity and work in the State right-of-way before an encroachment permit is issued. Encroachment permits will be issued in accordance with Streets and Highway Codes, Section 671.5, "Time Limitations." Encroachment permits do not run with the land. A change in ownership requires a new permit. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a response to our comments prior to staff's recommendations to the Planning Commission and the City Council. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Plarming District 06 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" 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 term viability of public transportation. STATE OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNQU SCILWARMMGGER, ,ovcmo DEPARTMENT OF TRANSPORTATION 855"M"STREET SUITE 200 0 FRESNO,CA.93721 PHONE (559)445-6573 Flex your power! FAX (559)445-6560 Be energy efficient! CALTRANS DISTRICT 6 CENTRAL REGION SURVEYS OFFICE REQUIRED INFORMATION FOR R/W DEDICATIONS 1) A Copy of the vesting deed(s) for the subject property. 2) Either a copy of a Title Report, or a Lot Book Report/Guarantee of the subject property, dated within 30 days of submittal of submittal of the Dedication Package. 3) Copy of the Assessor's Map. 4) Assessor's Parcel Number (APN) of the property, if not stated in the Title Report. 5) State whether the property is within city limits or in an unincorporated area, if not stated in the Title Report. 6) If the property is a lot of a Tract or a parcel of a Parcel Map, provide the lot or parcel number and a copy of the recorded map(s). 7) Provide copies of any record map or deed cited in the documents provided. 8) If unsubdivided land, note the Section, Township, and Range where the property is located. 9) A Legal description of the dedication parcel signed and sealed by a Licensed Professional Land Surveyor or a Civil Engineer registered prior to 1982 on 81/2" X 11" paper. Please write EXHIBIT "A" at the top of the legal description (see attached sample legal). 10) A Platt showing pertinent survey data, such as bearings, distances, and curve data, where applicable, and the area of the dedication parcel on 81/2" X 11" paper. If the parcel is located in unsubdivided land, show ties to the nearest 2 section comer(s) and/or quarter-section corner(s). Please write EXHIBIT "B" at the top of the Plat (see attached sample plat). 11) A Copy of the traverse calculations, for the dedication parcel, that includes error of closure and area. "Caltrans improves mobility across California" 12) Specify if an Offer of Dedication or a dedication in which Caltrans will take title to the parcel. 13) A Copy of the CALTRANS REQUIREMENTS describing the location and amount of right-of-way to be dedicated. If there are any questions, please contact Jerry Prigmore at 559-445-6573. Mail packet of information to: California Department of Transportation Surveys Department .855 "M" Street. Suite 200 Fresno, CA. 93721 Attn. Jerry Prigmore "Caltrans improves mobility across California" a 4-4 4-4 4.a O CN C/5U �4 P-�i O 4-+ .JD cd N O bA N M ;F; 'b 0 U a) a o a U � o •~ M �ooW � a� " a� c o 0H 3 b o b 0U cd 0 0 •wN Z v Cd N •� >, Z 4- c U .�� a .2 ami g O '•" a� �. p., _ a �. 0,U ON o; r 00 M ri, °' 4-4 4-4 tn G �4 -4 C14 M U a N � � 0 "4. cd c� 0 4� w a aZi b > b p,o ami cd, u P� A.-ted 0 T: o 2 CA ul a) M O C y 3 0 w w U 0, 4-� a U w " CA OE 0 CA ID Cd to 4 ° to M N a°i cn O 'r' ate' o o • a• °omac�•� o •CA � a NtQ41 N •� � o o '' b � a � o 04 C) c)� c � � oM o o � C7oo �j�►,� is ° H o, c� rn a) rn r� Z U a� U cd Z Z IY N a� a� a� a� C7 a� ° 0 ° OU O U ° ° ° a, Uh N � U 4'' M � � U 0 44 O a) �"? a) +-� a) ++ a) .b N ;d a) a) qq,^ ^� U °° N U a 3 ° a) U + 0 N M d� v10 � 0000 U �( ^ ~ 0 O 0 -+"' ani M O S O 00 CL QW LL p � ? O = ZLLI p LotozU- W :5 SEER r- zrnY = °� �io � Z 4o ZW = mH } O W � Q m � 200U) U) o vC � co � per� $a -jc') = Ww Q0 � L 5 LL, w 0 U- w � . O w a � CL O rn � Q ~ H H N Z = Q i-n Cqro -0 q�'.z w � Ozp = aZ CL CLZUW Um LL 0 WU) < w0 H� ww pW O wWLLj0Q � � Z C?LO 0Lu < OZQ w 3: 3: 0 < alk z � CL Q HWWF- a- Z -QUO -1 U t) OO co Zu- � p > = WW = ZQ =} w U Q �1J POINT OF BEGINNING EXHIBIT "B" o S - N r J•+ BASIS OF BEARINGS: THIS PLAT IS BASED ON RECORD OR CALCULATED FROM RECORD INFORMATION . ` FROM THE CALIFORNIA DEPARTMENT OF SOUTHWESTERLY RIGHT-OF-WAY TRANSPORTATION RIGHT-OF-WAY RECORD MAP 6-FRE-99, POST MILE 13.43, PAGE OF STATE ROUTE IG ••AA 34 OF 101. V� o s NORTH In o y 'l. �O SCALE: 1" = 100+ 1 O Q O O 00 u) O W I 00- wo Wlrn Q 1!I Qy o CALTRANS PARCEL 85244 Z W 5 0 o rr ✓ o- ? N1/4 COR SEC. 8, T.16S.,R.21 E., MDB&M 01 N 89' 40' 57" W 158.66' �-20.00'` 328.67' N 89' 40' 57" W 347.31' 18.64' = '- t 2142.25' 1lvl- i N 89' 40' 57" W 502.35' E. LINCOLN AVENUE N.W. COR SEC. 8, r ✓1 T.16S.,R.21 E., MDB&M J r SOUTH LINE OF THE SW1/4 „OF SEC. 5, T.16S., R.21 E. INDICATES AREA TO BE IRREVOCABLY OFFERED FOR DEDICATION. CONTAINS: 1,532± S.F. CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT / INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resources Code20 ;' 1�E Iv FOR FILING: (California Environmental Quality Act) the project described below is r�1 3: 14 determined to be within the scope of the Master Environmental Impact CITY CLERK, FRESNO Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. Initial Study is on file in the Planning and Development Department City Hall, 2600 Fresno Street, Fresno, California 93721 559 621-8277 Applicant: Cambridge/Lennar Homes, Inc. Initial Study Prepared By: 7485 N. Palm Ave., Suite 101 Paul Bernal, Planner III Fresno, CA 93711 November 23, 2004 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-04-77 & South side of East Kings Canyon Road between South Vesting Tentative Tract Map No. 5283 Armstrong and South Temperance Avenues. APN: 313-040-11 Project Description: Rezone Application No. R-04-77 is a request to rezone 20 acres of property from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract Map No. 5283/UGM is requesting to subdivide the 20 acres of property into a 93-lot single-family residential subdivision. The property is within the jurisdictions of the Roosevelt Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium low density residential planned land use (2.19-4.98 units per acre). Pursuant to Table 2 "Planned Land Use and Zone District Consistency Matrix" of the 2025 Fresno General Plan the R-1 zone district is consistent with the planned land use of medium low density residential. Rezone Application No. R-04-77 will bring the subject property into conformance with the 2025 Fresno General Plan and Roosevelt Community Plan. The proposed project density of 4.65 units per acre is permitted in the medium low density residential planned land use. Conformance to Master Environmental Impact Report (MEIR NO. 10130): As previously indicated,the recently adopted 2025 Fresno General Plan designates the subject parcel for medium low density residential planned land use. The requested rezone conforms to this medium low density residential land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix" as well as the adopted Roosevelt Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested rezone and tentative tract map in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed to be developed with residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus, the rezone and tentative tract map will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and future development, per the requested rezone and tentative tract map, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts,and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-04-77 &T-5283 Page 2 November 23, 2004 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium low density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject parcels and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (GEQA provisions). Gilbert J. HaroDate Planning Manager, City o resno KAMaster Files-20041'REZONEIR-04-077,T-5283 Pl3ernalWEIR-finding of conforrnity.wpd Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-04-77 &T-5283 Mitigation Monitoring Checklist(MEIR No. 10130)for Environmental Assessment No. R-04-77& T-5283 ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-04-77& T-5283 1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off site) 1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas 1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2 Site subject to flooding 3_0 WATER 1 12.3 Adverse change in course of flow of flood waters 1 3.1 Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents use 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of ground water 1 3.3 Wasteful use of ground water 13.0 AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 13.3 Removal of street trees or other valuable vegetation 4_0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique, rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building, disruption of archaeological 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5.0 ANIMAL LIFE 1 5.1 Reduction in the numbers of any rare, unique or 15.0 ENERGY endangered species 1 15.1 Use of substantial amounts of energy or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 6_0 HUMAN HEALTH 1 15.3 Wasteful use of energy 7.0 NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels "0" Insufficient Information Insufficient information is available to determine the potential 8_0 LIGHT AND GLARE environmental effects which may result from the proposed 1 8.1 Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9.0 LAND USE effect in this category, or any such effect is not substantial) 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area characteristics "2" Moderate Environmental Effect The proposed project will have an adverse environmental 10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be o 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantial deficiencies on existing street system enough in itself to require the preparation of an Environmental 1 10.2 Cumulative increase in traffic on a major street for which Impact Report, and is mitigable through project changes and capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians 1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental Effect 1 10.5 Insufficient or poorly located parking The environmental effect identified in this category 1 10.6 Substantial increase in rail and/or air traffic 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. et 0 0 CD ts LL M ° E a °i X X X U rn W a `a. :a• l LL .11 CL az Q QmUmwa Vani a)- n a)- n rnY Z m c c E c c E c c E CO) QW Z` c �0oc �0o igcC0o a � co, asa _ asa _ O c o � - a) 3 r- (D a) 0 > rn > > O W n a c c � n n 0 () > c m � c m � c (1)Z a � a as0 CL as0 aa mo (1) o o W E E E W Z > o > a�> o Z0+' +, o y. ...Z �+ W W nac) Cmc nm c HQ Y 3LU 0 oho cp � o IL -J t o ciIL n cr- n ccr- n W � V Cl) — aeras aeras acc 0 C1 ww co 0 c cnm � �c � W C mac o € U') C_ 00 t2 3 ° 00 o a) y (LZ6 a (, Nw W nCD ` � _ pQm 7 C 00a � Cyin O C > ca o 0 � •3 c 0 co c y co cn coo c O a° `° o � ca0 � a°icYoyCl) a°icYoN �' >_ u°'i '0 J Z fDt-- ( > co i, cw pL 0 0 cn `° cr N CD t-- c c N Y f0 E t N o O O Q` W C wN °' w, Oo5 n� �n � o 0) oc Ecn c0 r N O o a7 c� U L_ � a) 7 N a) c 7 � cn 0 .- z > Z �+ N c L Y c E n a) 0 C n C c cco a) W LL O m o U w 3s — > M o o io ° o m .2) o U) 0 � 1[� nZQ o �ci�- � o y �nt ? �n y �nE a, c°"0L N � c c � � om0n = �,c > � :3 (D ON � 0N 0 a1N0 : E a - 00 .0 7 0 C o co '- U) c M c co w cn c CD `c c acicli aD � � 3 � c a) c CD y cn c0 . 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