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HomeMy WebLinkAboutT-5284 - Conditions of Approval - 3/30/2006 { FINAL MAP CHECKLIST c1ty of, TRACT NO. 5414/uGM �IDL>lLw�a��l7, PHASE 11 OF VESTING TENTATIVE TRACT NO.5284 r-lialCei q�� Plannin and.DeVelo ment De artment 2600 Fresno-Street•Third Floor Nick P.Yovino Fresno,California 93721-3604 Director (559)621-8277 FAX(559).488-1020 November 16,2004 Please reply to: "• ' Shelby Chamberlain 'Mr..Ron Wathen (559)621-8042 . Quad Knopf 8405 North Fresno Street,Suite 300 Fresno,California 93720 Dear Mr.Wathen: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL.REGARDING REZONE APPLICATION NO. R-04-02 AND VESTING TENTATIVE:TRACT MAP NO. 5284/UGM FOR PROPERTY LOCATED: AT THE NORTHEAST CORNER OF NORTH POLK AND WEST MCKINLEY AVENUES The Fresno City Council conducted a duly noticed public hearing on June 29,2004,to consider Rezone Application No.R-04-02.:This application relates to the proposed development of an approximately 42- acre single family residential subdivision on a site located at the northeast comer of North Polk and West McKinley Avenues. Following a full and complete hearing,the Council adopted Ordinance No.2004-64, relating to the above application as follows: 1,-- ADOPTED Ordinance Bill No.2004-64(enclosed)that rezones the 42 acre subject site from the AE-5/UGM zone district to the R-1/UGM zone district. The.Fresno City Planning Commission previously conducted a duly noticed.public hearing on June 2, 2004'to consider Rezone Application No. R-04-02 and Vesting Tentative Tract Map No. 5284/UGM approving the tentative tract map application and recommending that the Council approve the rezone application. The tentative tract map application was final at the Planning Commission and,therefore,no Council review was necessary. Copies of the Planning Commissi are enclosed. on resolutions(Nos.12029 and 12030) Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill,the rezoning ordinance shall become effective,and in full force at 12:01 a.m., thirty-one days after its passage. As previously. mentioned,the Fresno City Planning Commission approved Vesting TentativeTract Map No.5284/UGM subject to the conditions noted on the tract map and the Conditions of Approval for Vesting Tentative Tract No.5284/UGM dated June 2,2004. EXPIRATION DATES The exercise of.rights granted by this.special permit must be commenced b VGut� from the date of Planning Commission approval). y? + 987�four years ' Mr.Ran Wathen Rezone Application No.R-04-02 — - Vesting Tentative Tract Map No.5284/UGM R Page 2 November.16,2004 Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter,please feel free to contact me. Sincerely, PLANNING DIVISION Sh Iby hamberlain,Planner KAMaster Files-2004CREZONE\R-04-002-T-5284-McKinley-Polk-SAC\R-04-02-T-5284-Final Acdon.Lettermpd Enclosuresi Ordinance Bill No.2004-64 Planning Commission Resolution Nos.12029 and 12030 c: Fresno County Assessor Henryk Tay,KB Home } Recording Requested,by' ' City Clerk,:Fresno;California + No Fee-Govt.Code 6.103 Return to-City perk,Fresno ' Space above this line reserved for Fresno County Recorder's Office L ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO - PROPOSED AND INITIATED BY MOVED BY Sterling SECONDED BY Dages BILL NO. x_64 ORDINANCENO. anna-r z, A AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA;AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED PY'ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12; OF THE FRESNO MUNICIPAL'CODE,BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO " ._' 1 WHEREAS,Rezone Application No.R-04=02 has been filed with the.,City of Fresno to rezone- property as described hereinbelow;and, s' WHEREAS,pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,-. the Planning Commission of the City of Fresno held a public hearing-on the 2nd day of June,.2004,to consider.Rezone Application No.R-04-02 and related Environmental Assessment No.R-04-02/T-5284, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and-rezone application.amending the City's Zoning Ordinance on real property described herein below.from the AE-5/UGM(Exclusive'Five Acre Agricultural/Urban.Growth Management)to the R-1/UGM(Single Family Residential/Urban Growth Management)zone district- and, WHEREAS,the Council of the City of Fresno,on the 29th day of June,2004,received the recommendation-of the Planning Commission-and concurs therewith. _—--- �- Ordinance Amending Offic.. Zone Map �• :`.,Rezone Application No.R-04-02 . .xy Page 2 . .June 29,2004 - NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented,at the hearing and upon review and consideration of.the environmental documentation provided,the adoption of the proposed rezoning is in the best interestof the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for,Environmental Assessment No.R-04-02/T-5284,.dated'May.12,2004;there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing low,medium and medium high density residential land use designations of the 2025 Fresno General Plan and:West Area Community Plan as specified in Section 12-403-B of the Fresno Municipal _—Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located-in the City of Fresno and shown on the Official Zone Map of the City of Fresno,is reclassified . from the AE-5/UGM.(Exclusive Five Acre Agriculture!/Urban Growth Management)to the R-1/UGM (Single Family ResidentiaUUrban Growth Management)zone district: Parcel 1: The southwest quarter of the southeast quarter.of Section 27;Township 13 South,Range 19 East,Mount Diablo Base and Meridian,in the City of Fresno,. County of Fresno,State of California,according to the Official Plats thereof. EXCEPTING THEREFROM that portion therefrom of that portion thereof, described as follows: Beginning at the southwest corner of the southwest quarter of the southeast 1/4 of said Section 17.;thence, (1} North 89°56'17"East along the south boundary of said southwest quarter,675.72 feet to the southeast comer of the west one-half of the southwest quarter of the southeast quarter;thence, Ordinance Amending Offic ,Zone Map Rezone Application No.R-04-02 Page 3 r June 29,2004 (2) North 00°01'52"East along the east boundary of the said west one- half 30.00 feet;thence, (3) South 89°56'17"West along a line which is parallel with and 30.00 feet North of the said south boundary to a point which is 50.00 feet east of the west boundary of the said southwest quarter;thence, (4) North 45°00'55"West,28.26 feet;thence, (5) North 00°01'52"East,80.00 feet;thence, (6) South 89°56'17"West,50.55 feet;thence, (7) South 00°01'52"West along the said west boundary, 130.00 feet to the point of beginning, ALSO EXCEPTING THEREFROM the south 30 feet of the east one-half of the southwest quarter of the southeast quarter of said Section 27. ALSO EXCEPTING THEREFROM that portion of said land described as follows: Commencing at the southeast quarter of the east half of the southwest 114 of said southeast 1/4;thence northerly along the east line of said east half a distance of 30.00 feet to the northerly right-of-way line of West McKinley Avenue;thence westerly along said right-of-way line a distance of 105.00 feet to the true point of beginning;thence continuing along said right-of-way line a distance of 545.00-feet to a•point on a line which is parallel with the east line of said east half;thence northerly.along said parallel line a distance of 752.00 feet to a point on a line which is parallel with the south line of said-east half;thence easterly along said parallel line a distance of.650.00 feet to the east line of said east half;thencesoutherly along said east line a distance of 370.00 feet to a point on a-line which is parallel with the south.line of said east half,thence westerly along said parallel line a distance of 80.00 feet;thence southwesterly a distance of 35.36 feet,more or less,'to a point on a line which lies 105.00 feet westerly of said parallel with the east line of said east half;thence southerly along said.parallel line a distance of 357.00 feet to the true point of begining.. Parcel 2: Parcel 4°of Parcel Map No.3346,in the City of Fresno,County of Fresno, State of California,according to the map thereof recorded November 12, 1976 in Book 22, Page 40 of Parcel Maps, Fresno County Records. EXCEPTING THEREFROM an undivided one-half interest in all oil,gas and other hydrocarbon substances and minerals,as reserved in the deed dated January 20, 1942 from Mayme S.Juett and J.G.Juett,wife and husband,to �. Ordinance Amending Office Lone Map Rezone Application No.R-04-02 "> Page 4 June292004 Arthur C.Nelson and Jeanette D.Nelson,husband and wife;as joint tenants 'recorded January23,1942 in Book 2008,Page 112 of Official Records. 4 Surface rights of access to the first 500 feet measuring vertically downward from.the surface of the.hereinabove described land have been surrendered by quitclaim deed recorded July 22, 1983,as Document No.83065523,Official Records,between Martha Johann Hoover,as grantor,and Jerome DeYoung .. and Paula DeYoung as grantee: SECTION 4, This ordinance shall become effective and in full force and effect at 12:01 a.m.on the thirty-first dayafter its passage. , 4 4 CLERK'S CERTIFICATION le' STATE'OF CALIFORNIA ) COUNTY OF FRESNO ). CITY OF FRESNO ) 1,REBECCA E:KLISCH,City Clerk of the City of Fresno,certify that the foregoing, ?:ordinance was adopted by the Council of the City of Fresno,California,at a regular meeting held on the = 29th day of June 2004,by the following vote: Ayes:: Calhoun, Dages, Duncan, Perea Sterling, Castillo Noes: Boy aj ian` ; "' Absent:: None Abstain: None REBECCA E.KLISCH City.Clerk ,. By lf" C. Y�111171J APPROVED AS TO FORM'f HILDA CANTO MONTOY„•- - ' City Attomey CZCR Rezone•Applidation No.R-04-02 Filed by Quad Knopf,on.behalf of DS Ventures Assessors Parcel No.1312-280-19,26,30 KAMaster Files 2004\'REZONE\R-04-002-T-5284-McKinley-Polk-SAC\R-04-02-CC OrdBill.wpd .. $ A. .. - g71 , `FRESNO CITY PLANNING COMMISSION ` RESOLUTION NO, 12029 The Fresno City Planning Commission, at its regular meeting on June 2, 2004, adopted the following resolution relating to Rezone Application No.R-04-02. WHEREAS,Rezone Application No..R-04-02 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM(Single Family Residential/Urban Growth Management)zone district EXISTING ZONING: AE-5/UGM(ExclusiveFiveAcre Agricultural/UrbanGrowth Management)zone district APPLICANT: Quad Knopf,on behalf of DS Ventures LOCATION: Northeast corner of West McKinley and North Polk Avenues APN; 312-280-19,26,30(42 acres) LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM: Parcel 1: ' The southwest quarter of the southeast quarter of Section 27,Township 13 South,Range 19 East,Mount Diablo Base and Meridian,in the City of Fresno, County of Fresno,.State of California,according to the Official Plats thereof. EXCEPTING THEREFROM,that portion therefrom of that portion thereof, - described'as follows:. Beginning at the southwest corner of the.southwest quarter of the southeast 1/4 of said Section 17;thence, (1).North 89°56'1'7"East along the south boundary of said southwest quarter, 675.72 feet to the southeast corner of the west one-half of the southwest quarter of.the southeast quarter;thence, (2) North 00°b1'52" East along the east boundary of the said west one-half 30.00 feet;.thence,' (3)South 89°56'17"West along a line which is parallel with and 30.00 feet North of the said south boundary to a point which is 50.00 feet east of.the west boundaryof the said southwest quarter;thence,. (4) North 45°00'55"'West,28.26 feet;thence, (5) North 00°01'52"East,80.00 feet;'thence, (6) South 89°56'17"West,50.55 feet;thence, (7) South 00°01'52".West along the said west boundary, 130.00 feet to the point of beginning, Planning Commission Resolution No.12029 Rezone Application No.R-04-02 t Page 2 .. June 2,2004 ALSO EXCEPTING THEREFROM the south 30 feet of the east one-half of the southwest.quarter of the southeast quarter of said Section 27. ALSO EXCEPTING THEREFROM that portion of said land described as follows: Commencing at the southeast quarter of the east half of the southwest 1/4 of said,southeast 114; thence northerly along.the east line of said east half a distance of 30.00 feet to the northerly right-of-way line of West McKinley ` Avenue;thence westerly along said right-of-way line a distance of 105.00 feet to the true point of beginning;thence continuing along said right-of-way line a _distance of.545.00 feet.to a point on a line which is parallel with the east line of said east half;thence northerly along said parallel line a distance of 752.00 feet to a point on a line which is parallel with the south line of said east half;' thence easterly along said parallel line a distance of 650.00 feet to the east line of said east half;thence southerly along said east line a distance of 370.00 feet to a point on a line which is:parallel with the'south line of said east half;thence ' westerly along said parallel line a distance of 80p00 feet;thence southwesterly a distance of 35.36 feet,more or less,to a point on a line which lies 105.00 feet westerly of said,parallel with the east line of said east half;thence southerly . along said paralel line a distance of 357.00 feet to the true point of beginning. Parcel 2: ° Parcel 4 o Parcel Map No.3346,in the City of Fresno,County of Fresno,State of California,'according to the map thereof recorded November 12, 1976 in z Book 22,Page 40 of Parcel Maps,Fresno County Records. EXCEPTING THEREFROM an undivided one-half interest in all oil,gas and other hydrocarbon substances and minerals,as reserved in the deed dated January 20, 1942 from.Mayme S.Juett and J.G.Juett,wife and husband,.to Arthur C.Nelson and Jeanette D.Nelso$,husband and wife,as joint tenants recorded January 23, 1942 in Book.2008,Page`112 of Official Records. Surface rights of access to the first 500 feet measuring vertically downward from the surface of the hereinabove described;land have been surrendered by quitclaim deed recorded July,22, 1983,as Document No.83065523,Official Records,between Martha Johann'Hoover,as grantor,and Jerome DeYoung. and Paula DeYoung as grantee. WHEREAS,the above-namedapplicant is requesting a zoning change on the above property in order to ' allow for a.proposed single family residential subdivision;and; " WHEREAS, during the June 2, 2004 hearing, the Commission received a staff report and related information, environmental documents .and considered testimony regarding the requested zoning change;and, WHEREAS;the Fresno City Planning Commission on June 2,2004,reviewed the subject rezone application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan. r Planning Commission Resolution No. 12029 Rezone Application No.R-04-02 } Page 3 June 2,2004 NOW, THEREFORE, BE.IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No.R-04- .02 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated May 12,.2004, prepared for Environmental Assessment No: R-04-02/T-5284, and determines that the requested R-1/UGM'zone district is consistent with the 2025 Fresno General Plan and the West Area Community Plan in accordance.with the.provisions of Section.12-403-B-2. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council.that the requested R-1/UGM zone district be approved.' The foregoing Resolution was adopted by the. Fresno City Planning Commission upon a motion by Commissioner Vang,seconded by Commissioner White. VOTING:` Ayes - Brown,Brand,Vang,DiBuduo Noes None Not Voting - :None Absent - Xissler,White . DATED:June 2,2004" K .YOVINO,Secretary Fresn City Planning Commission. Resolution No. 12029 Rezone Application No.R-04-02 Filed by Quad Knopf,on behalf.of DS Ventures Action:Recommend Approval a K:1Master Files-2004%'REZONE%R-04-002-T-5284-McKinley-Polk-SAC,R-04-02-PC Reso 12029.wpd - FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12030 The Fresno City Planning Commission at its regular meeting on June 2,2004,adopted the fallowing resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5284/UGM was filed.with the City of Fresno and proposes•a 179-lot single family residential subdivision on 42 acres of land located of the northeast corner of West McKinley and North Polk Avenues;and, WHEREAS,the Fresno City Planning"Commission conducted a public hearing on June 2,2004,to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision;and, WHEREAS,the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated June 2,2004;and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No.5284/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on May 12,2004,prepared for Environmental Assessment No. R-04-02/T-5284. NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5284/UGM subject to Section 12-403-B of the Fresno Municipal Code is' con consistent stent with the adopted 2025 Fresno General Plan and West Area Community Plan and the .findings required pursuant to Section 66410 et.seq.of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning.Commission hereby approves Vesting Tentative Tract Map No.5284/UGM subject to the Planning and Development Department Conditions of Approval dated June 2,2004. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brown,seconded by Commissioner Brand. VOTING: Ayes - Brown,Brand,Vang,DiBuduo Noes - None Not Voting - None Absent - Kissler,White DATED:June 2,2004 NICK YOVINo'Secretary . Fresno ity Planning Commission Resolution No. 12030 Vesting Tentative Tract Map No.5284/UGM Filed by Quad Knopf,on behalf of DS Ventures Action:Approve K.Waster Res-2004\'P.EZONEIR-04-002-T-5284-McKinley-P olk-SAC T-52&1-PC Rese 12030mpd c"F. REPORT TO THE CITY COUNCIL FINAL MAP CHECKLIST iM�l� TRACT NO.5414"1 UGM June 29,2004 PHASE IIOF VESTING TENTATIVE TRACT NO.5284 ROM: NICK P.YOVINO,Director DEPARTMEk DIRECT / Planning and Development Department ' CITY MANAGER BY: DARRELL UNRUH Planning Managey©� Planning Division SUBJECT: CONSIDERATIONOFREZONE APPLICATION NO.R-04-02 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO.R-04-02/T-5284' RECOMMENDATION Staff recommends the City Council take the following action: I.. APPROVE the finding of a'Mitigated Negative Declaration'for Environmental Assessment No.R-04-02/ T-5284 dated May 12,2004. 2. APPROVE Rezone Application IN R-0'402 to"rezone the subject.property from,the AE-5/UGM(Exclusive File Acre Agriculture/Urban Gr&kh Management),zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. EXECUTIVE SUMMARY Rezone Application No.R-04-'02 proposes to change the zone district from the AE-5/UGM(Exclusive Five Acre Agriculture%Urban Growth Management)zone district-to the R-1/UGM(Single Family ResidentiallUrban Growth Management)zone district for approximately 42 acres of,property located on the northeast corner of West McKinley and North Polk Avenues. The applicant,Quad Knopf,on behalf of DS Ventures,has also filed Vesting entative Tract Map No. 5284%UGM proposing to subdivide the subject property into a 179-lot single family residential subdivision at an overall density of 4.3 units.per acre. The vesting tentative tract map.was approved bythe Planning Commission and no appeals were received;therefore,the Planning Commission's`action on the . tentative tract map is final. .The_Planning Commission also took action to recommend approval of the.rezone application and environmental assessment:The applications will bring the zoning and uses forthe property into conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT A 179-lot single-family residential subdivision on approximately 42 - acres(gross)`of property to be developed at an overall density of 4.3 dwelling units per acre APPLICANT DS Ventures(Engineer:Quad Knopf) LOCATION. Northeast corner of West McKinley and.North Polk Avenues (Council District 3,Councilmember Sterling) SITE.SIZE 42 acres., LAND USE Existing-Vacant Proposed-Single Family Residential ZONING Existing:_: AE-5/UGM (Exclusive Five Acre Agriculture/Urban #Growth Management) Proposed:.R-1/UGM.(Single Family Residential/Urban Growth ' Management) .o y t REPORT TO THE CITY COUNCIL Rezone Application No.R-04-02 June 29,2004 Page 2 PLAN DESIGNATION Proposed R-1/UGM zone district and 179-lot single family residential AND CONSISTENCY subdivision is consistent with 2025 Fresno General Plan and West Area Community Plan designation of the site for low, medium and medium high density residential planned land uses ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on May 12,2004. PLAN COMMITTEE The West Area Citizens Advisory Committee recommended RECOMMENDATION approval of the project at their meeting on March 8,2004. STAFF RECOMMENDATION Approve Rezone Application No.R-04-02 and related Environmental Assessment No.R-04-02/T-5284. PLANNING COMMISSION On June 2,2004,the Fresno City Planning Commission voted 4 to RECOMMENDATION 0 to recommend approval of the rezone application and related environmental assessment. BORDERING PROPERTY INFORMATION a Planned Land Use Existing Zoning : Existing Use North Low Density Residential R-R Rural Residential Rural Residential (Fresno County) / South Neighborhood Commercial C-1/UGM/cz Vacant Neighborhood Commerciall Urban Growth Managementl conditions of zoning Public Facility-Middle School R-1/UGM/cz Rural Residential Single Family Residential/Urban Growth Management conditions of zoning AE-5/UGM Exclusive Five Acre Agricultural Urban Growth Management Vacant Open Space-Ponding Basin AE-5/UGM Exclusive Five Acre Agricultural Urban Growth Management East Medium Density Residential R-1/UGM Single Family Residential Single Family Residential/Urban Growth Management Low Density Residential R-R Rural Residential Rural Residential (Fresno County) West Medium Density Residential R-R Rural Residential Rural Residential (Fresno County) Public Facility-Middle School R-R Rural Residential Rural Residential Fresno County) , - i REPORT TO THE CITY COUNCIL Rezone Application No.R-04-02 June 29,2004 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No.R-04-02/T-5284 considered potential environmental impacts associated with the subject rezone'and tentative tract 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, however,it is not within the scope of Master Environmental Impact Report No.10130. Therefore,staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No:10130 as well as project specific mitigation measures. The mitigated negative.declaration was issued on May 12,2004. This environmental finding was properly noticed with no comments filed within the 20-day review and'comment period. BACKGROUND!ANALYSIS The applicant,Quad Knopf,on behalf of DS Ventures,has filed Rezone Application No. R-04-02 and Vesting • Tentative`Tract Map No£5284/UGM for 42 acres of property located on the northeast corner of West McKinley and North Polk Avenues. The rezone application propdses'to rezone the subject property from the AE-5/UGM (Exclusive'Five Acre:Agriculture/Urban Growth Management) zone district to the R-1'/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Tract Map No.T-5284/UGM proposes to subdivide the entire 42 acre site into a 179-lot single,family residential subdivision at a density of 4.3 dwelling units per acre. On November 19;.2002,the City Council,through Resolution No.2002;379,adopted the 2025 Fresno General Plan which also adopted,the'West Area Community Plan. The West Area Community Plan designates the subject property for low(0.0-2:18 dwelling units per acre), medium (4.99-10.37 dwelling units per acre).and medium high(10:38-18:15 dwelling units per acre)density residential land uses.The applicant wishes to pursue development of the subject:prop erty with 179 single family homes. The requested.R-1/UGM zone district is considered consistent with the residential planned uses contingent upon the development of the property in accordance with the Tentative Tract Map No.5284.-The proposed development with an average density of 4.3 dwelling units pre acre demonstrates that the project site will be developed within the overall range of dwelling units anticipated by.the 2025 Fresno General Plan and ffiest Area Community Plan as provided by Fresno. Municipal Code Section 12-403-B-2: Surrounding land uses are characterized by vacant,agriculture and rural residences to the north,south,west and east. Access to the subject site will be from North Polk,North Cornelia and West McKinley Avenues,which are all major-(arterial and collector)streets:: The traffic generated,by this project can be.accommodated by the planned circulation system with street improvements completed by the'projedt as required by development f`standards,Urban Growth Management(UGM)Service Delivery policies and Master Environmental Impact Report No:10130 mitigation measures .Sewer and water ihfrast ructure availability and service demands have been "verified by thetepartrrient of Public Utilities with required facilities to be located in North Polk,North Cornelia and West.McKinley Avenues. Fresno City Planning Commission Review. _ On June 2, 2004,.the Fresno'City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of therezone application:-,The Planning Commission also unanimously approved the vesting tentative tract map. No appeal has been received regarding the tract map;therefore,the commission's action on the tract map application is final: a REPORT TO THE CITY COUNCIL Rezone Application No.R-04-02 June 29,2004 Page 4 Water Resources and Public Water Supply The Water Division of the Public Utilities Department:has determined that there is an adequate source of water available to serve the.project with the implementation of UGM service delivery requirements and environmental impact mitgation.measures. The nearest presently avajlable.water,service lines are located in West McKinley and.North Cornelia Avenues. The Fresno Metropolitan Flood Control District(FMFCD)has indicated that this project can be accommodated by the district. The developerwill be required to construct FMFCD"Master Plan facilities"as determined by the district. Implementation of the 2025 Fresno General Plan policies,mitigation measures of Master Environmental Impact Report No.10130,the Water Resources Management Plan,and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. These measures include the construction of one or more water supply well sites,including wellhead treatment facilities,which will be dedicated.to the City of Fresno. The applicant also must dedicate a water supply and treatment site for installation of an above-ground water storage.and.treatment facility that will be installed and/or constructed by the City. Sewage Collection System Capacity Several majorfacility 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 Public Utilities Department 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 mains to'-serve this project are located in North Polk,North Cornelia and West McKinley Avenues. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates West McKinley and North Polk.Avenues as arterial streets,which typically require 110-foot right-of-way width,and designates North Cornelia Avenue as a collector street,which typically .requires a 94-foot right-of-way. The developer will be required to dedicate.and construct improvements for.McKinley,Polk and Cornelia Avenues. 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 North Polk,North Cornelia and West McKinley Avenues for all residential lots adjacent to the major street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No.5284/UGM Conditions of Approval dated June 2,2004. As required by.the.mitigation measures established by the certification of MEIR No.10.130,.a traffic assessment, dated April 10,2004,was prepared by Peters Engineering Group to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Engineers(ITE)Trip Generation Manual, Seventh.Edition,and associated computer software together with the.Council of Fresno County Governments' (COG)computerized traffic model,this analysis predicts.the.number of vehicle trips that will be.generated from the proposed project and surrounding planned land uses,and the direction in which these trips will travel. P f REPORT TO THE CITY COUNCIL Rezone Application No.R-04-02 June 29,2004 Page's . The proposed future development of a 179-lot single family residential subdivision on the 42-acre project site can } be expected to generate an average of 1,778 vehicle trips per day(VTD). Of these vehicle trips,it is projected that.135 will occur during the.moming(7.00 to 9:00 a.m.)peak.hour travel period and 181 will occur during the evening(4:00 to 6:00 p.m.)period hour travel period. A modest proportion of these projected trips are expected to access State Route.99. The information for the projected trips is from a traffic analysis prepared.by Peters Engineering Group, in their'report dated.April.19, 2004.. The.report also identified several recommended mitigation measures for the proposed,Tract 5284 which the City of Fresno has incorporated into this analysis.' r These measures"inciude the requirement for the construction of a 300-foot southbound left-turn pocket at the intersection of West McKinley and North Polk Avenues.. In addition,upon completion of the project,traffic signal ,warrants shall be analyzed at the intersection of Polk and McKinley Avenues. If the intersections meets warrants. for signalization„the developer shall install the signal per city standards.. The project traffic.study further indicates that the majority of the peak hour vehicle trips.are expected to utilize Polk and,Cornelia Avenues to the north and south of the project site,and McKinley Avenue to the east. Because much of the immediately surrounding area(westerly portion of the City of Fresno Sphere of Influence)is.not developed,the planned major street and intersection improvements have not yet been completed as required by adopted plans;policies and development standards. However,the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned.major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition,the developer of this project,in accordance with the mitigation measures of MasterEnvironmental Impact Report(No.10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan,will be required to pay impact fees specific to.the traffic signalization.of the major street intersections.. California Department of Transportation(Caltrans) The,California Department of Transportation(Caltrans), District 6, Office of Intergovernmental Relations has .commented that development of the proposed residences will result in:additional vehicle trips during the peak hour traffic periods which will impact the State Route(SR)99 interchange at McKinley and Clinton.Avenues. The Caltrans letter further indicates that,improvements to the McKinley Avenue interchange,such as traffic:control signalization of the ramp intersections and adding turn lanes,are,anticipated in the future. It recommended by Caltrans that a traffic impact study be prepared"in order to assess the project-related impacts to the State Highway System and the pro-rata share towards area-wide circulation improvements.” Although the proposed project,will marginally contribute to the peak capacity deficiencies of the.freewaysystem, major freeway improvements are the responsibility of.Caltrans and any fee.related assessments imposed by Caltrans must comply with applicable legal.parameters..The city staff has not recommended that a state facility traffic impact fee be imposed as a condition of project approval,as it is not evident that Caltrans has accurately documented a project description and its cost, a reliable.estimate of funding sources, a justifiable nexus or . connection between the project and the need for the state facility improvements, and the reasonable proportionality of.the project's share of the improvement costs that are necessary to justify the imposition.of a traffic impact fee for the improvement of State facilities. The city's conclusion has been.based upon Caltrans`s submission of varying descriptions of the necessary.freeway improvements,the imprecise estimate of costs and probable funding sources,and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code§§66000 et sequentes)applicable to the City of Fresno. In the absence of this documentation it is not legally permissible'for the.City to impose the requested traffic impact fee. An,appropriate, reasonable and.legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm waterdrainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of REPORT TO THE CITY COUNCIL Rezone Application No.R-04-02 June 29,2004 Page 6 compliance with constitutional and statutory requirements(Mitigation Fee Act-AB 1600)which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model,it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City,of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities;the CEQA process;.and the legal requirements for determining the nexus(demonstration of the direct relationship between the project and the potential impact)and the proportionality(fair share contribution towards mitigating the impact)required by State law. The City of Fresno again transmitted a written.explanation of the above concerns,dated March 31,2003,to Caltrans District 6 Office of Transportation Planning which identified.potential mechanisms to establish impact fees, such as a memorandum of understanding or joint powers agreement. A*previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be indemnified with respect to legal challenges protesting the imposition of a state facilityfee exaction could not be granted. Subsequent correspondence received from Caltrans staff has not clarified the District's position with respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that it is the sole responsibility of the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act(CEQA)process. Although Caltrans representatives have not endorsed a state transportation facilities impact agreement, a partnership in planning grantwas obtained bythe Council of Fresno County Governments through which the City of Fresno and Caltrans are participating,along with other local jurisdictions,to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno- Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the.; projected increases in traffic;identification of the sources of the vehicle traffic within the greater metropolitai4, area;.and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as.well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision.is proposed to have one access point.to North Cornelia Avenue,two access points to North Polk Avenue and one access point to West McKinley Avenue. The subdivision also proposes one future connection to the parcel on the north boundary of the property. The Public Works Department,Transportation Planning Section has reviewed the rezone and tentative tract map applications. They have also reviewed the traffic assessment,dated April 19,2004,prepared by Peters Engineering Group. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the—dedication and improvement of adjacent portions of Polk, Cornelia.and McKinley Avenues to their ultimate planned width. Landscaping/Walls . i Given that the proposed subdivision abuts planned.arterial and collector streets,.the developer will be required to install 10-20 feet of landscaping along North Polk,.North Cornelia and West McKinley Avenues. 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 adjacent major streets. CONCLUSION. + The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of.the 2025 Fresno General Plan and the West Area Community Plan;its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental REPORT'TO THE.CITY COUNCIL Rezone Application No:R-04-02 June 29,2004 Page 7.. impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation,it can be concluded that the proposed Rezone Application No.R-04=02 is appropriatefor the project site. Kwaster Files-20041'REZONE\R-04002-T-5284-McKinley-Polk-SAC\R-04.02-T-5284-RCC.wpd - .Attachments: 'Vicinity Map Vesting'Tentative Tract Map No.5284/UGM dated May 7,2004 Letter from Caltrans dated March 18,2004 ` Environmental Assessment No.R-04-02/T-5284(finding of a Mitigated Negative Declaration), issued on May 12,.2004 # Planning Commission -Resolution Nos.12029 and 12030 Ordinance Bill ' 4 - a �v E. AE-51 ! I UGM W.rs iJIT w. L c we. I County City //i% •' j/�//�,�/��///�/, AE-S-UGM I t. A W. McKINLEY -.. ♦vE. -I w. McKmLEr y i J O i 1 a C-VUGMA= -5A aM _ AE-5/UGM I R-VUGWl&2 •`^ I I ' y VICINITY lei' PLANNING a DENTIELOPME,NT REZONE APPLICATION NO,R-04-002 N DEPARTRTENT From AE-5/UGM to R-1/ UGM A.P.N.:-312.286.19-S,26,30 VESTING TENTATIVE TRACT MAP NO.T-5284 W`�,,'� e ZONE MAP:3245 To subdivide the 42 acre site into a 172 lot single family subdivision / i North of McKinley Av.btwn Polk&Cornelia Aves. NOT TO SCALE BY/DATE: J S LS_29_Q4 _ �n q�q546 EP. 7TF H.LZION 99 qq zT S �!' F2 R1x.E5�', € &$ au -'a>Y I `�L 9'%. `•y,`• ^'.8 n�� �'P A 'fir i.. C�e� �d 5 s ^` � S 2 P�,�� �p�� S-I�- .a - IIIb 4 x spa P;F.€$ec a€F E 1 L 1&1H E d&�nil a E" g6 eY��� Fg,eF 9 EEa I d �jaS,ria6+ p 9 q fI � � 6 IfB! 89 a!-E BEK. �'.• F Y.f P_o Pp a I } I _cry Run! Y€� 6! r I - �- � T R yn a d tis _ sA 6g,cgs 4 eivun _f "t Me ai @ggEe •�qE�i ;+1 <�� c,.-� `�__�-p_\�-'�--�a!�r 3' ,s;8��:S � .d�' a. rti i I P g€'asyy "2��cagggag c: •,R- r n- �r �5 ���ae � i' -i x �; - ! - - Efei1 __R 1 15 'k. . ten:- 3Ad 'IOd H11ZSfi III - `1 � •. TATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHN'ARZENEGGER G DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE - P.O.BOX 12616 FRESNO,CA 9377S-2616 - PHONE (559)445-6666- - ` Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 1yp March 18 2004 2131-IGR/CEQA I?=VE1iPT1R1TD[PP.RTiticldf 6-FRE-99-23.8+/- C1TYOi-Pif SiVO _ R-04-02 &T-5284 DS VENTURES Ms.Sandra Brock r ..City of Fresno Development Department ' 2600 Fresno Street''' ¢ - Fresno,CA 93721 Dear Ms.Brock: 1 J We have completed our review of the tract map,for the proposed 197-lot single-family residential development located on the northeast corner of West.McKinley and North Polk Avenues; situated approximately 3.0,miles west of State Route'(SR)99. Caltrans has:the. following comriients + It is estimated that this development would likely.generate.approximately 197 trips during _ the,PM peak hour. It is further estimated that a portion of the generated trips would impact the SR 99 interchanges at McKinley and Clinton Avenues. The McKinley Avenue interchange is expected to require future improvements such as signalizing the ramp intersections and adding turn lanes. It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce-100 or°'more'peak-hour trips-(as.this project will) to evaluate the project's contributionto increased peak-hour vehicle.delay.at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). Will the City require a traffic study for.this proposal?_Caltrans recommends that the applicant conduct a Traffic Impact Study(TIS)in order to assess the project-related impacts to the State Highway System and the pro-rata fair'share'towards area-wide circulation improvements. As per the City's policy(Mitigation Measure.B-4),please have the preparer of the traffic study reference the Caltrans Guide.for the Preparation of Traffic Impact'•Studies, dated December 2002, and p y Caltrans Guide, send.the scope of the.TIS to Caltrans.before the traffic stud Is conducted. while advisory, contains Best Practices and gives insight.into Caltrans',expectat" when reviewing a traffic study." If the traffic consultant has anv issues or`concerns regarding the . use of the Guide or its interpretation, please contact us-so resolution can be reached Caltrans is available to discuss the scope of the traffic study at the City's convenience. "Colt.-imp—ci mobility nc—California" X ! a Ms.Sandra Brock 6 March 18,2004 Page 2 The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early.planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number I for other recommended transportation alternatives. X We request that this letter be made part of the permaneni 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.-Cemimssi.on. This will provide the decision-making body and the general,public with a complete and accurate environmental evaluation for the project. ' Please send a copy of the staff report(s)to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at(559)445-6666. ; Sincerely, i MOSES STITES a Office of Transportation Planning District 6 ' X 4 Enclosure i C: Mr.Jon Ruiz,Interim Assistant City Manager and Director of Public Works Nis.'=zrba: K ATTACHMENT NUMBER I CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES' .;Ongoing developrnent'throiighout the City of Fresno,including this project, will make traffic operations significantly worse by adding considerably to delay and congestioii. Transit alternatives can help seduce 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. c Transportation alternatives the City should consider include standard highway .solutions along.withihe following: 1. Park and ride facilities on site or within the prozimity.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 commutershuttles. 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. Tliis may help to reduce the Single Occupancy. Vehicle(SOV)demand seeking to Le the State Highway System. -4. Providing forcontinuity 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 r project ,approval a covered transit stop.as mitigation for project-related. impacts to the transportation/circulation system. 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. CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED Initial Study is on file in the Planning and Environmental 2M MAY 12 AM 1 i' 12 Development Department,City Hall Assessment Number: CITY CLERK.FRESNO�' 2600 Fresno Street,Fresno,California93721 R-04-02/T-5284 559 621-8277 APPLICANT: Quad Knopf Assessor's 8405 North Fresno Street Parcel Numbers: Fresno,California 93720 312-280-19,26,30 PROJECT DESCRIPTION AND LOCATION: Rezone Application No.R-04- .Filed with: 02 and Vesting Tentative Tract Map No.T-5284,filed by Quad Knopf,on REBECCA E.KLISCH,City Clerk behalf:of DS Ventures., pertain to.42 acres of property located at the 2nd Floor-City Hall northeast corner of North Polk and West McKinley Avenues. The rezone 2600 Fresno Street application:proposes to rezone the subject property from the AE-5/UGM Fresno,California 93721-3603 (Exclusive Five Acre Agricultura/Urban Growth Management)zone distract to the R-1/UGM(Single Family Residential/Urban Growth Management)zone district.Vesting Tentative Tract Map No.T-5284/UGM proposes to subdivide the entire 42 acre site into a 179-lot single family residential subdivision at a .density of 4.3 dwelling units.per acre. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information. contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2 on the checklist,indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern.. Such an effect may be inherent in the nature and. magnitude of the projector may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible: All new development activity and many non-physical,projects contribute directly or indirectly toward a cumulative .impact on the physical environment:The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist,including any such factors for which minor effects have been identified. Cumulative effects of a-significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the"Mandatory Findings of Significance'contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made thatthe proposed projectwill clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY: Planner DATE: May 12,2004 DARRELL UNRUH.Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT(EA)CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No.R-04-02?-5284 1.0 TOPOGRAPHIC SOIL,GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1.1 ;Geologic hazards,unstable soil conditions 1 11.2 Lack of emergency vehicle access 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction ofunique geologic or physical features - 1 11.4 Overcrowding of school facilities - - 1 1.4 Increased water erosion - 1 11.5 Availability of water mains of adequate size 1 11.6 'Availability of sewer lines of adequate capacity - 2.0 AIR QUALITY _ 1 11.7 Availability of storm water drainage facilities(on or off 2 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.B Availability of adequate park and recreation areas 1 2:3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5: Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3.0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents - 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 -Wasteful.use of ground water - 1 3.4 Pollution-of surface or ground water.supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1- 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions '. 4_0 PLANT LIFE- - 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique,rare or .1 13.4- Architectural incompatibility with surrounding area endangered species s 1 4,2 Reduction in acreage of agricultural crop' 14.0 HISTORICAL/ARCHAEOLOGICAL 1 - 4.3 Premature or unnecessary conversion of prime - -_ 1 1.4.1 Removal of historic building,disruption of agricultural land - - archaeological.site - _ 1 14.2 Construction or activity incompatible with adjacent -5.0 ANIMAL LIFE - -- historic site 1 5.1 Reduction in the numbers of any rare,unique or endangered species. - 15.0 ENERGY 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel , 1 15.2 Substantial increase in demand upon existing sources- .1 6.0 HUMAN HEALTH - of energy 1 15.3 Wasteful use of energy 7.0 NOISE _ 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS . -1 7.2 Exposure to high noise levels _ - • - "0" Insufficient Information 8.0 LIGHT AND GLARE - - - Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects.which may result from the proposed areasproject in this category. 1 8.2 --Exposure of residences to high levels of glare" "I". -No Significant Environmental Effect The proposed project will not have an adverse environmental. 9.0 LAND USE effect in this category,or any such effect is not substantially 1 9.1 'Incompatibility with adopted plans and policies unusual or of.undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate - - utilized in cases where the category is not applicable to the 1 .9.3 Induces unplanned growth - - - particular project under consideration. 1 9.4 Adverse change in existing or planned area "2" '-Moderate Environmental Effect characteristics. - The proposed project will have an adverse environmental' effect in this category,which is of sufficient magnitude to be of 10.0 -TRANSPORTATION AND CIRCULATION - - specific concern. However, this effect is not substantial 2 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to.require the preparation of an Environmental deficiencies on existing street system _ Impact Report,and is mitigable through project.changes and 1 10.2 Cumulative increase in traffic on a major street for which -. conditions. - capacity deficiencies are projected - - "3" Significant Adverse Environmental Effect - 1 10.3 Specific traffic hazard to motorists,bicyclists,pedestrians The environmental effect identified in this -category 1 10.4 Routing of non-residential traffic through residentiararea substantiates in itself or contributes towards a finding that the' .1 10.5 Insufficient or poorly located parking - proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an •r - - - Environmental Impact Report. �r INITIAL STUDY r Environmental Assessment No. R-04-02M.5284 PROJECT;DESCRIPTION Rezone Application No.R-04-02 and Vesting Tentative Tract No.T.-5284,filed by Quad Knopf,.on behalf of DS-Ventures, pert ain.:to 42 acres of'property:located at the northeast corner of North Polk and West McKinleyAvenues. The rezone a licationproposes ro oses to rezone the subject property from the AE-5/ M PP,;:. P P 1 P P Y UG (Exclusive Five Acre Agriculture%Urban Growth,Management),zone district to the R-1/UGM (Single Family Residential/Urban.Growth Management) zone district. Vesting Tentative.Tract Map No. T-5284/UGM proposes to subdivide the entire 42 acre site into a 179-lot single,family residential subdivision at a density of 4.3 dwelling units per acre. y Bordering Property Information Planned Land Use Existing Zoning Existing Use North Low Density Residential. R-R Rural Residential Rural Residential (Fresno County) South Neighborhood Commercial, C-1/UGM/cz Vacant Neighborhood Commerciall Urban Growth ManagemenU i - conditions of zoning Public Facility-Middle School 7 R=1/UGM/cz Rural Residential Single FamilyResidential/ Urban Growth ManagemenU conditions of zoning AE-5/UGM: Exclusive Five Acre Agricultural Urban Growth Management Open.Space-Ponding Basin AE-5/U.GM Vacant Exclusive Five Acre Agricultural Urban Growth Management East Medium Density Residential `'R-1/UGM Single Family Residential + Single Family Residential/ Urban Growth Management' Low Density Residential '' R-R '' Rural Residential Rural Residential (Fresno County) West. MediumDensity Residential , R-R. Rural Residential Rural Resideniial (Fresno County) Public Facility-Middle School R-R. Rural Residential Rural Residential "(Fresno Count) The project area is located within the westernmost portion of the City of Fresno's adopted Sphere of Influence and Urban Boundary area,.and:is currentlyplanned for low-(0.0-2.18 dwelling units per acre),medium(4.99- 10.37 dwelling units per acre)and medium high(10:38-18.15 dwelling units per acre)density residential land uses by the West Area.Community Plan;adopted in 2002;and the 2025 Fresno General Plan,also adopted in 2002. Environmental documents for previous plan-actions include Final EIR No.10130(2025 Fresno General Plan) Additional environmental documents have been certified for major public facilities to accommodate population INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 Page 2 May 12,2004 growth and urban development including Final EIR No.10118(Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion)and Final EIR No.SCH 95022029(Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and conclusions, together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence. Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. The proposed project has been evaluated with respect to the provisions of the adopted 2025 Fresno General Plan(City Council Resolution No.2002-379)and the corresponding potential adverse environmental impacts,adopted environmental impact mitigation measures and determinations of overriding considerations established by the certification of the related Master Environmental Impact Report(MEIR) No. 10130(City Council Resolution No.2002-378). The proposed project,which includes an amendment of the adopted 2025 Fresno General Plan,has been determined to not be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act(CEQA),as codified in the Public Resources Code(PRC)Section 21157.1(d)and the CEQA Guidelines Section 15177(c). Based upon an analysis ofthe project,as summarized in the following environmental assessment initial study, it has been determined that the project may contribute to the creation of certain moderate environmental effects or the project maybe adversely impacted by existing conditions as addressed below. However,these potential impacts have been determined to be equivalent to or less than those adverse impacts identified by MEIR No.10130. It has been further determined that all applicable mitigation measures of MEIR No.10130 have been applied to the project,together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing,impacts and irreversible / significant.effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). {<:: Therefore, it has been determined that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1)and (2) Master Environmental Impact Report No. 10130 examined the potential adverse environmental impacts.of implementation ofthe 2025 Fresno General Plan,which provides plans and policies to accommodate projected population and employment growth through the year 2025. The City of Fresno has determined that specific economic, legal, social, technological and other considerations related to the implementation of the 2025 General Plan outweigh the unavoidable adverse environmental effects identified in the Final MEIR,including any effects not mitigated because of the infeasibility of mitigation measures and that the identified adverse environmental effects are considered acceptable. It has been determined that the proposed project will contribute to the creation of moderate environmental effects compared to the development of medium high residential planned uses analyzed by the 2025 MEIR or the project may be adversely impacted by environmental situations addressed below. The following impacts were identified by City Council Resolution No.2002-378 certifying Final MEIR No.10130 (2025 Fresno General Plan Update)as significant but mitigable effects: 1. Impact on Water Supply,Quality and Hydrology. 2. Increased Demand for Utilities and Service Systems. 3. Increased Demand for Public Services. 4. Increased Demand for Recreational Services. 5. Loss of Biological Resources. 6. Potential Disturbance of Cultural Resources. 7. Geology and Soils Impact. 8. Increased Demand for Energy. 9. Potential Aesthetic Concerns. INITIAL STUDY Environmental Assessment No.R-04-02/T-5284 Page 3 May 12,2004 In addition, Resolution No. 2002-378, also identifies the following unavoidable significant impacts and statement of overriding considerations for these impacts: 1. `.Transportation and Circulation-The vehicular traffic level of service(LOS)of E and F projected for. segments.of the Herndon Avenue Expressway and other identified major-street segments are: considered a significant-and unavoidable adverse impact which can not be completely mitigated. Furthermore,there are no reasonable mitigation measures available to only the City of Fresno which - would reduce this impact to a less than significant level while allowing for the implementation of other appropriate alternative transportation facilities. 2. ' Air Quality-The adverse air.quality impacts associated'with the myriad of activities associated with the long range general plan for the Fresno Metropolitan area can be expected to be significant and -+ unavoidable,and cannot be completely mitigated. Furthermore,there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of air quality impacts to a less than significant level. In order to provide a suitable living environment within the metropolitan . area,the plan strives to facilitate expanded economic growth that will support increased employment' opportunities. 3. Preservation of Agricultural LanclJhe conversion of agricultural land to urban uses within the planned boundary to accommodate the projected population and employment growth of the 2025 Fresno General Plan is a significant and unavoidable adverse impact,which can not be completely mitigated.. Furthermore,there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of impacts"upon agricultural land within the planned urban area to a'less than significant level,while also allowing for prudently planned development to accommodate projected population and employment growth. 4. -,Noise-The innumerable activities associated with urban living environments typically generate.noise that contribute.to the ambient noise:levels that occur within:the community. The MEIR.identifies numerous mitigation measures intended to reduce the impact of increased noise upon sensitive land .. uses. The 2025 Fresno General Plan,as the project;also specifies numerous general plan goals and implementing objectives and policies"directed'to reducing exposure to excessive noise levels. n 'However,sufficient mitigation measures are not reasonably available only.to the City of Fresno,.which would assure the reduction of noise impacts to less than a significant level. In addition to MEIR No.10130,other environmental documents have been certified for major public facilities to accommodate population growth and urban developmentincluding Final El No. 1.0118 (Fresho/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR.No. SCH 95022029(Fresno Metropolitan Water Resources Management Plan). There environmental impact analyses " and conclusions,together with supporting technical studies,further address the impacts of population growth and the necessary public facility capacity.expansion associated with the urban development that will accommodate the growth projected by the 2025 Fresno General Plan. To the extent that these referenced environmental impact analyses,conclusions,findings and mitigation measures are applicable to the subject project they are incorporated herein by reference,pursuant to CEQA Guidelines Section 15150. 1.0—TOPOGRAPHIC,SOIL,GEOLOGIC CONSIDERATIONS There are no-geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no.apparent unique -orsignificantland forms such as vernal`pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards.Grade differentials at property lines must be limited to one foot or less,or a cross-drainage covenant must be executed with affected adjoining property owners. INITIAL STUDY Environmental Assessment No.R-04-02/T-5284 Page 4 May 12,2004 2.0—AIR QUALITY:2.1—Substantial Indirect Source of Pollution As a result of the San Joaquin Valley's climate and topography,the San Joaquin Valley Air Basin(SJVAB)is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter,inversions form that often trap particulate matter. With respect to the Fresno area,the SJVAB has been classified as follows: • Ozone. Recently reclassified from"serious nonattainment"to"severe nonattainment"by the U.S. E.P.A. Classified as"severe nonattainment"by the State. • PM,o. Classified as"serious nonattainment"at the federal level. Classified as"nonattainment"by the State. • CO. Recently reclassified from"nonattainment"to"attainment"by th U.S.E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified"attainment"at the State level. SO2. Unclassified at the federal level. Classified"attainment"at the State level. • Sulfates. (No federal standard.) Classified"attainment"at the State level. • Lead. (No federal standard.) Classified"attainment"at the State level. H2S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response;to the SJVAB's nonattainment status for Ozone and PM,the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-lo MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan,due to the U.S.E.P.A.in mid-year of 2003,that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of"severe nonattainment"for ozone by the State,the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5%per year reduction in nonattainment emissions,orincluding"everyfeasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions;developing strategies to reduce vehicle trips and miles traveled;increasing average vehicle ridership to 1.5 persons during commute hours;reducing population exposure to non-attainment pollutants by 25%;establishing best available retrofit control technology requirements for permitted sources; and developing indirect and area source programs. I s. INITIAL STUDY Environmental Assessment No., R-04-02/T-5284 Page 5 May 12, 2004 As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are, in turn, implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. The Air District has suggested that the URBEMIS 2002 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions: ROG(Reactive Organic Gasses), NOX(Nitrogen Oxides),CO(Carbon Monoxide), PM,o(Particulates)and SOX(Sulfur Oxides)which are summarized below. URBEMIS 2002 AIR QUALITY IMPACTS** All data in tons/year ROG NOX CO PM10 SOX Area Source Emissions 2.28 0.51 5.36 0.82 0.02 Operational Emissions 4.54 6.24 56.79 4.02 0.04 Totals 6.82 6.75 62.15 4.90 0.06 Level of Significance or 10 10 100 14.6 27.375. Requirements for Offset "Based on 179 single family dwelling units The URBEMIS 2002 model projections indicate that the proposed project will not exceed the threshold limits for the emissions listed. This particular analysis included the prohibition of wood burning devices. It also included the mitigation measures which are listed below. The.SJVAPCD has developed the San Joaquin Valley 1991 California'Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District(SJVAPCD) Regulation VIII, Fugitive Dust Rules, related to.the control of dust and fine :particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a numberof strategies to improve airquality including a transportation control strategy and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping, pedestrian and transit access features. To provide continuous travel, bike lanes are also required on North Polk and West McKinley Avenues. Other mitigation measures in addition to the required bike lanes are required sidewalks and pedestrian paths, pedestrian connections, lighting and other safetyfeatures for. pedestrians and cyclists, street lighting and appropriate signage and signalization that will promote pedestrian and other modes of transportation. These will be implemented through the conditions of approval for any future subdivision map for single family residential.development. The 2025 Fresno General Plan and the West Area Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with.urban growth management fees,frequently located in conjunction with an elementary school site thatfacilitate related 'INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 Page 6 May 12, 2004 academic, athletic, recreational, and other community activities that promote combined trip-making and .encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in. order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major.street locations to facilitate future public transportation services. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement and incorporate, as-applicable, the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12, 2004.. 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Project Use Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation; increasingly stringent water quality regulations, as.well as high consumptive use of water on a per capita basis (267 gallons per day capita); have resulted in a decline in the total usable potable water supply. The City of Fresno is currently.implementing a.number of strategies aimed at managing existing groundwater resources, including location and construction of groundwater recharge facilities to purify and replenish the ground water; construction of a surface water treatment and distribution facility; and routine testing of groundwater to identify contaminants and construct well head treatment facilities as necessary to remove contaminants from the groundwater. The City of Fresno Department of Public Utilities has confirmed that an adequate source of water is.available to serve the proposed project. The nearest public water mains are located in West McKinley and North Cornelia Avenues. Mitigation Measures 1. The proposed project shall implement and incorporate, as appropriate, the water related,mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement-and incorporate, as appropriate, the water related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130/2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12, 2004. 4.0—PLANT LIFE, and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any .other impacts on human health. INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 Page 7 May 12, 2004 7.0-NOISE The project site will be exposed to vehicle traffic noise due to its location adjacent to two planned arterial major streets (West McKinley and North Polk Avenues) and a planned collector major street (North Cornelia Avenue). Arterial streets are typically developed with four to six travel lanes (two or three in each direction) and a center median island.with single or dual left turn lanes at intersections. Arterial streets have the capacity to accommodate average daily vehicle trips of 36,000,and collector streets can accommodate average vehicle daily trips of 24,000, although projected daily traffic volumes are substantially less than these maximum capacities. Implementation of applicable development policies and zone district standards provide for the substantial reduction of traffic generated noise. Where single family residential lots are proposed to back onto arterial streets, a twenty-foot landscaped area from the edge of the street pavement to a block wall barrier(not less than six.feet in height) is required. Where single.family residential lots are proposed to back onto collector streets, a ten-foot landscaped area from the edge of the street pavement:to a block wall barrier(not less than six feet in height) is required. , Confirmation of compliance with the to noise element standards for residential environments will be assured with the final project design and a noise calculation analysis. Typically the implementation of these design measures assure compliance with the City's noise element standards of 45 dBA Ldn, or less, interior noise and 60 dBA Ldn, or less,,exterior noise exposure. 9.0—LAND USE The"proposed rezone is consistent with the planned land use of both the 2025 Fresno General Plan and the 'West Area•Community Plan. Both plans designate the site for low(0.0-2.18 dwelling units per acre), medium (4.99-10.37 dwelling units per acre)and medium high(10.38-18.15 dwelling units per acre)density residential land uses. The applicant wishes to pursue development of the subject property with 179 single family homes. The requested R-1/UGM zone district is considered consistent,with the residential.planned uses contingent upon the development of the property in accordance with the Tentative Tract Map No. 5284. The proposed development with an average density of 4.3 dwelling units pre acre demonstrates that the project site will be developed within the overall range of dwelling units anticipated by the-2025 Fresno General Plan and West Area Community Plan as provided by Fresno Municipal Code Section.12-403-B-2. It is also important to note that the planned use and proposed zone district are compatible with the.applicable community plan goals, policies and implementation.measures intended to provide for the efficient use of natural resources a.nd public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the,implementation of a functional land use pattern consistent with the population and economic•growth projections of the Fresno General Plan's growth projections. 10.0—TRANSPORTATION AND CIRCULATION The development of.the project site with 179 single family residences,and the surrounding planned urban uses designated by the 2025 Fresno General Plan and West Area Community Plan, will be required to complete .the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. West McKinley and North Polk Avenues are designated arterial streets and North Cornelia.Avenue is a designated collector street by the general plan. The city's public works development standards provide for the arterial streets to be development with two to three travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. Collector streets are typically developed with a total of two to four lanes without a median island although in some locations with a continuous left-turn lane. Both collector and arterial street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 Page 8 May 12, 2004 The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference) utilized macro-level traffic analysis techniques to examine the traffic flow level of service(LOS)for major street segments that would occur in the year 2025. This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables,which are an accepted national tabular standard of the Highway Capacity Manual(HCM) methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay) to an LOS of F (reflecting a very high traffic volume with substantial congestion and travel delay). Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis.prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report(MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments (COG) to project average daily vehicle trip (ADT) volumes on major streets. With development of the project site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 19,000±on McKinley Avenue, 18,000±on Polk Avenue and 3,600±on Cornelia Avenue can be anticipated. With anticipated improvements completed bythe development of planned land uses as required by city standards and policies, these streets, McKinley, Polk and Cornelia Avenues, are expected to ultimately function with a level of service (LOS) of C throughout the surrounding area. The LOS C is indicative of streets that accommodate vehicle traffic demands with few delays or constraints. The proposed future.development of a 179-lot single family residential subdivision on the 42-acre project site can be expected to generate an average of 1,778 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 135 will occur during the morning (7:00 to 9:00 a.m..)peak hour travel period and 181:will occur during the.evening (4:00 to 6:00 p.m..) period hour travel period. A modest proportion of these projected trips are expected to access State Route 99. The information for the projected trips is from a traffic analysis prepared by Peters Engineering Group, in their report dated April 19, 2004. The report also identified several recommended mitigation measures for the proposed Tract 52.84 which the City of Fresno has incorporated into this analysis. These measures include the requirement for the construction of a 300-foot southbound left- turn pocket at the intersection of West McKinley and North Polk Avenues. In addition, upon completion of the project, traffic signal warrants shall be analyzed at the intersection of Polk and McKinley Avenues. If the intersections meets warrants for signalization, the developer shall install the. signal per city standards: . A substantial portion of the peak hour vehicle trips are expected to utilize North Polk and North.Cornelia Avenues to the north and south of the project site, and McKinley Avenue to the west and east. Because some of the immediately surrounding area is not developed,the planned major street and.intersection improvements have not yet been completed as required by adopted plans, policies and development standards: However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan,will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, development of the.project site will be subject to the payment of all applicable development fees including updated, or new, urban growth management fees. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 r Page 9 May 12, 2004 Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act -AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact-fee program consistent with this model it will be applied to any final tract map or other applicable development entitlement for this project. - In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate, upon submittal and approval of a development plan, a portion of the subject site for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Every development.must also construct portion of the planned major street system, including off-site extensions as required by Urban Growth 'Management Policies. In addition, the residents of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C local transportation sales tax program. These and other street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to and recognize the traffic generating characteristics of individual properties and, at the same time, afford,the community an adequate and-efficient circulation system. Mitiq_ation Measures 1. The proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement and incorporate, as applicable,the traffic and circulation related mitigation measures as identified in the attached.Master Environmental Impact Report No. 10130.2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12,,2004. 11.0--URBAN SERVICES 11.1-Availability_of.Fire Protection. The project site is located within the city's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. The proposed project is located approximately two miles from City of Fresno Fire,Station No. 16: 11.6—Availability of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that adequate sanitary sewer service is available to serve the project. The nearest public sanitary sewer mains to serve this project are located in North Polk, North Cornelia and West McKinley Avenues. MOt ation Measures , 1. The proposed project shall implement and incorporate, as applicable, the sewer related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. INITIAL STUDY Environmental Assessment No. R-04-02/T-5284 Page 10 May 12, 2004 2. The proposed project shall implement and incorporate, as applicable, the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12, 2004. 11.7—Availability of Storm Water Drainage Facilities On or Off Site In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of five or more acres of land. The property owner of this development site has been informed of that requirement and of his, and any business owner's, responsibility to ensure that the Notice of Intent is filed in accordance with the, regulations published in Volume 55, No. 222, of the Federal Register. .14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other .archaeological material is possibly Native American.in origin, the Native American Heritage Commission shall be immediately.contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site . investigationor site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and,.if the paleontologist determines the material to be significant, it shall be preserved. DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not.result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements: Pursuant to Section 15070 of the California Environmental Quality Act(CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. This is based upon the mitigation measures required as conditions of project approval which are referenced by this environmental assessment and are conditions upon which a mitigated negative declaration can be recommended. 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U C � 'C a) U E' L y V ¢ o ami m %o c in [o [o F mp =� 5 Q o m y -E ~`>% ~ M p L Y LL _ E Y cn c°) J U min z aci Q E °c > a Y FRESNO>CITY PLANNING COMMISSION RESOLUTION NO. 12029 �x The Fresno City Planning Commission, at its regular meeting on June 2, 2004, adoptedthe following resolution relating to Rezone Application No. R-04-02. WHEREAS, Rezone Application No. R-04-02 has been filed with the City of Fresno to rezone the property as described below:- ,REQUESTED ZONING: R-1/UGM.(Sing/e Family Residential/Urban Growth Management)zone district EXISTINGZONING: AE-5/UGM(Exclusive Five Acre Agricultural/UrbanGrowth Management) zone district APPLICANT* . Quad Knopf, on behalf of DS Ventures LOCATION:. Northeast corner of West McKinley and North Polk Avenues APN: 312-280-19, 26 30 (42 acres) LEGALbESCRIPTION: From AE-5/UGM to R-1/UGM: Parcell: s The southwest quarter of the southeast quarter of Section 27, Township'13 South; Range 19 East,Mount Diablo Base and Meridian, in the City.of Fresno, County of Fresno,"State of California, according to the Official Plats thereof. } EXCEPTING THEREFROM that portion therefrom of that portion thereof, described.as follows: Beginning at the southwest corner of-the "southwest quarter of the southeast 1%4 of said S'ctiom17; thence, (1) North 89°56'17"-East along the south boundary of said southwest quarter,.. 675.72-feet to the,southeast corner of'the west one-half of the southwest .quarter of the;southeast:quarte r, thence, * (2) North..00°01.'52" East along the east boundary of the said west one-half 30.00 feet; thence,, ..: '(3)',S60th.89°56'17" .West along a line which is parallel with and 30.00 feet -North of the said.south boundary to a point which is 50.00 feet east of the west boundary of the said southwest quarter; thence, (4) North 45'00'55"Wesf, 28.26°feet; thence, ('5) North 00'0 1'52!'. 80.00 feet; thence, (6) South 89°56',17"West, 50.55 feet; thence, (7) South 00`01'52" West along the said west boundary, 130.00 feet to the -. point of beginning; Planning Commission Resolution No. 12029 Rezone Application No. R-04-02 Page 2 June 2, 2004 ALSO EXCEPTING THEREFROM the south 30 feet of the east one-half of the southwest.quarter of the southeast quarter of said Section 27. ' ALSO EXCEPTING THEREFROM that portion of said land.described as follows: Commencing at the southeast quarter of the east half of the southwest 1/4 of said southeast 1/4; thence northerly along the east line of said east half a. distance of 30.00 feet to the northerly right-of-way-line of West McKinley Avenue; thence westerly along said right=of-way line a distance of 105.00 feet to the true point of beginning; thence continuing along said right-of-way line a distance of 545.00 feet.to a point on a line which is parallel with the east line of said east half; thence northerly along said parallel line a distance of 752.00 feet to a point on a line which is parallel with the south line of said east half; thence easterly along said parallel line a distance of 650.00 feet to the east line of said east half; thence southerly along said east line a distance of 370.00 feet to a point on a line which is parallel with the south line of said east half; thence westerly along said parallel line a distance of 80.00 feet; thence southwesterly a distance of 35.36 feet, more or less, to a point on a line which lies 105.00 feet westerly of said parallel with the east line of said east half; thence southerly along said parallel line a distance of 357.00 feet to the true point of beginning. Parcel 2: Parcel 4 of Parcel Map No. 3346, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded.November 12, 19,76 in Book 22, Page 40 of Parcel Maps, Fresno County Records. ,EXCEPTING THEREFROM an undivided one=half interest in all oil, gas and other hydrocarbon substances and minerals, as reserved in the deed dated January 20, 1942 from.Mayme S. Juett and J.G. Juett, wife and husband,.to Arthur C. Nelson and Jeanette D. Nelson, husband and wife, as joint tenants recorded January 23, 1942 in .Book.2008, Page 112 of.Official.Records. Surface rights of access to the first 500 feet measuring vertically downward from the surface of the hereinabove described land have been surrendered by quitclaim deed recorded July 22, 1983, as Document No. 83065523, Official Records, between Martha Johann Hoover, as grantor; and Jerome.DeYoung and Paula DeYoung as grantee. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single family residential subdivision; and, WHEREAS, during the June 2, 2004 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning .change;and, WHEREAS,the Fresno City Planning Commission on June 2, 2004, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan. Planning-CommissionResolution No. 12029 Rezone Application No. R-04-02 Page 3 June 2,'2004 NOW, THEREFORE, BE IT. RESOLVED that the Fresno City Planning Commission hereby finds and determines.that there is no substantial evidence in the record to indicate that Rezone Application No. R=04 02 may have a significant effect on the environment as identified.by the Mitigated Negative Declaration dated May 1.2, .2004, prepared for Environmental Assessment No. R-04-02/T-5284, and determines that the requested R-1/UGM zone district is consistent with the 2025 Fresno General Plan and the West Area Community Plan in accordance with the provisions of Section 12-403-B-2. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner White. VOTING: Ayes Brown, Brand, Vang, DiBuduo Noes - None Not Voting - None Absent - Kissler White DATED: June 2, 2004 K 'YOVINO, Secretary Fresn City Planning Commission Resolution No. 12029 Rezone Application No. R-04-02 -Filed by Quad Knopf, on behalf.of DS Ventures Action: Recommend Approval KAMasterFiles—2004\'REZONE\R-04-002-T-5284-McKinley-Polk-SAC\R-04-02-PC Reso 12029.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO., 12030 The Fresno City Planning Commission at its regular meeting on June 2, 2004, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5284/UGM was filed with the City of Fresno and proposes a 179-lot single family residential subdivision on 42 acres of land located at the northeast corner of West McKinley and North Polk Avenues; and, WHEREAS;the Fresno City Planning Commission conducted a public hearing on June 2,2004, to review the proposed subdivision and.considered the staff report and invited testimony with respect to.the proposed subdivision; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed ,project subject to all conditions of approval contained.in the'staff reportdated June 2, 2004; and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5284/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on May 12, 2004, prepared for Environmental Assessment No. R-04-02/T-5284. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative,Tract Map No. 5284/UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and West Area Community Plan and the findings required pursuant to Section 66410 et.seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning.Commission hereby approves Vesting Tentative Tract Map No. 5284/UGM subject to the Planning and Development Department Conditions of Approval dated June 2, 2004. The foregoing Resolution'was adopted by the Fresno City Planning Commission upon .a motion by Commissioner Brown; seconded by Commissioner Brand. VOTING: Ayes - Brown, Brand, Vang, DiBuduo Noes - None Not Voting None Absent - Kissler, White DATED: June 2, 2004 NICK YOVINO, Secretary Fresno ity Planning Commission Resolution No. 12030 Vesting Tentative Tract Map No. 5284/UGM Filed by Quad Knopf, on behalf of DS Ventures Action: Approve KAMaster Files-20041'REZONEIR-04-002-T-5284-McKinley-Polk-SAC1T-5284-PC Reso 12030.wpd Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Sterling SECONDED BY Dages BILL NO. a4 ORDINANCE NO. 9n04_64, AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5-INCLUSIVE,' CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF. THE CITY OF FRESNO WHEREAS, Rezone Application No. R-04-02 has been filed with the City of Fresno to rezone. property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno.held. a public hearing on the 2nd day of June, 2004, to consider Rezone Application No. R-04-02"and related Environmental Assessment No. R-04-02/T-5284, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management) to the R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 29th day of June, 2004, received the recommendation of the Planning Commission and concurs therewith. P� -�9-0 Ordinance Amending Official Zone Map Rezone Application No. R-04-02 ?. Page 2 June 29, 2004 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: - SECTION 1. Based,upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. R-04-02/T-5284, dated May 1.2,`2004, there is no substantial evidence in the record that the rezoning may:have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing low, medium and,medium high density residential, land use designations of the 2025 Fresno General Plan and West Area Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from .the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district: Parcel 1: The southwest quarter of the southeast quarter of Section 27, Township 13 South, Range 19.East, Mount Diablo Base and Meridian, in the City of Fresno, -County of Fresno, State of California,,according to the Official Plats thereof. EXCEPTING THEREFROM that portion therefrom of that portion thereof, described as follows: Beginning at the southwest corner of,the southwest quarter of the southeast 1/4 of said Section 17; thence, (1) North 89056'17" East along the south boundary of said southwest quarter, 675.72 feet to the southeast corner of the west one half of the southwest quarter'of the.southeast quarter; thence, Ordinance Amending Official Zone Map Rezone Application No. R-04-02 Page 3 June 29, 2004 (2) North 00°01'52" East along the east boundary of the said west one- half 30.00 feet; thence, (3) South 89056'17" West along a line which is parallel with and 30.00 feet North of the said south boundary to a point which is 50.00 feet east of the west'boundary of the said southwest quarter; thence, (4) North 45°00'55" West, 28.26 feet; thence, (5) North 00°01'52" East, 80.00 feet; thence, (6) South 89°56'17" West, 50.55 feet; thence, (7) South 00001'52 West along the said west boundary, 130.00 feet to the point of beginning, ALSO EXCEPTING THEREFROM the south 30 feet of the east one-half of the southwest quarter of the southeast quarter of said Section 27. ALSO EXCEPTING THEREFROM that portion of said land described as follows: Commencing at the southeast quarter of the east,half of the southwest 1/4 of said southeast 1/4; thence northerly along the east line of said east half a distance of 30.00 feet to the northerly right-of-way line of West McKinley Avenue; thence westerly along said right-of-way line a distance of 105.00 feet to the-true�point of beginning; thence continuing along said right-of-way line a distance of.545..00 feet to a--point on a line which is parallel with the east line of said east half; thence northerly along said parallel line a distance of 752.00 feet to a point on aline which is parallel with.the south line of.said east half; thence easterly along said parallel line a distance of 650.00 feet to the east line of said east half; thence southerly along said east linea distance of 370.00 feet to a point on a line which is parallel with the south line of said east half; thence westerly along,Said parallel line a distance of 80.00 feet; thence southwesterly a distance of 35.36 feet, more or less; to a point on a line which lies 105.00 feet westerly of said parallel with the east line of said east half; thence southerly along said paralleHine a distance of 357.00 feet to the true point of beginning. Parcel 2: Parcel 4 of Parcel Map No. 3346, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded November 12, 1976 in Book 22, Page 40 of'Parcel Maps, Fresno County Records. EXCEPTING THEREFROM an undivided one-half interest in all oil, gas and other hydrocarbon substances.and minerals, as reserved in the deed dated January 20, 1942 from Mayme S. Juett and J.G. Juett, wife and husband, to Ordinance Amending Official Zone Map Rezone Application No. R-04-02 Page 4 June 29,'2004 Arthur C. Nelson and Jeanette.D. Nelson, husband and wife, as joint tenants recorded January 23, 1942 in Book 2008,.Page,112 of Official Records. Surface rights of access,to the first 500 feet measuring vertically downward from the surface of the hereinabove described land have been surrendered by quitclaim deed recorded July 22, 1983, as Document No. 83065523, Official Records, between Martha Johann Hoover, as grantor,and Jerome DeYoung and Paula DeYoung as grantee. SECTION 4: This ordinance shall become effective and.in full force and effect at 12:01 a.m. on the thirty-first day after its passage. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY.OF.FRESNO I, REBECCA.E. KLISCH, City Clerk of the City of Fresno; certify that the foregoing ordinance was adopted .by.the Council of the City of Fresno, California, at a regular meeting held on the 29.th da of y June' , 2004,by the following vote: Ayes: Calhoun, ,Dages, Duncan, Perea, Sterling, Castillo Noes: Boyaj ian Absent: None Abstain: None,- . REBECCA E. KLISCH City Clerk.: By 'APPROVED_AS TO FORM: . HILDA CANTU'MONTOY City Attorney Deputy Rezone Application No. R-04-02 Filed by Quad 'Knopf; on behalf of DS Ventures Assessors Parcel No. 312-280-19, 26, 30 KAMaster Files=2004\'REZONE\R-04-002-T-5284'-McKinley-Polk7-SAC\R-04-02-CC OrdBill.wpd • City of CbciC�ia `��% REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-1) COMMISSION MEETING 6/2/04. June 2, 2004 APPROVED 6Y FROM: STAFF, Planning Division Planning and`Development Department oEPaRrMEnrrorRFcro SUBJECT: CONSIDERATION OF REZONE APPLICATION NO: R-04-02, VESTING TEN ATIVE TRACT MAP NO. T-5284/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-02/T-5284 EXECUTIVE SUMMARY Rezone Application No. R-04-02 proposes to change the zone district from the AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management) zone district to the R-1/UGM (Single Family.Residential/Urban Growth Management) zone district for approximately 42 acres of property located on the northeast.corner of West McKinley and North Polk Avenues. The applicant, Quad Knopf, on behalf of DS.Ventures, has also filed Vesting Tentative Tract Map No. 5284/UGM proposing to subdivide the subject property into a 179-lot single family residential subdivision at an overall density of 4.3 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the West Area Community Plan, PROJECT INFORMATION PROJECT A 179-lot single-family residential subdivision on approximately 42 acres(gross)of property to be developed at an overall density of 4.3 dwelling units per acre. APPLICANT DSVentures (Engineer: Quad Knopf) LOCATION Northeast corner of West McKinley and North Polk Avenues (Council District 3, Councilmember Sterling) SITE SIZE 42 acres LAND USE. ' Existing - Vacant Proposed -Single Family Residential ZONING Existing: AE-5/UGM(Exclusive Five Acre Agriculture/Urban Growth Management) Proposed: R-1/UGM (Single Family Residential/Urban Growth 'Management) PLAN DESIGNATION Proposed R-1/UGM zone district and 179-lot single family residential AND CONSISTENCY subdivision is consistent with 2025 Fresno General Plan and West Area Community Plan designation of the site for Low, Medium and Medium High Density Residential land uses ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on May 12, 2004. PLAN COMMITTEE The West Area Citizens Advisory Committee recommended RECOMMENDATION . approval of the proposed project at their meeting on March 8, 2004. STAFF*RECOMMENDATION Recommend approval of rezone application and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5284/UGM dated June 2, 2004. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No. T-5284/UGM June 2, 2004 Page 2 BORDERING PROPERTY INFORMATION - Planned Land Use Existing Zoning Existing Use North Low Density Residential R-R Rural Residential -Rural Residential (Fresno County) South Neighborhood Commercial C-1/UGM/cz Vacant Neighborhood Commercial/ Urban Growth Management/ conditions of zoning Public Facility-Middle School R-1/UGM/cz Rural Residential Single Family.Residential/Urban . Growth Management conditions. of zoning AE-5/UG M Exclusive Five Acre Agriculture/ ' Urban Growth Management Open Space-Ponding Basin Vacant AE-5/UG M 'Exclusive Five Acre Agriculture/ Urban Growth Management East Medium Density Residential R-1/UGM Single Family Residential Single Family.Residential/Urban Growth Management Low Density Residential- R-R Rural Residential Rural Residential (Fresno,County) . West. Medium Density Residential R-R Rural Residential Rural Resideritial (Fresno.County) Public Facility-Middle School R-R Rural Residential Rural Residential Fresno Count ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-02/T-5284 considered potential environmental impacts associated with-the subject rezone and tentative tract 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, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on May 12, 2004. 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-04-02 Vesting Tentative Tract Map No. T-5284/UGM June 2, 2004 Page 3 BACKGROUND 1 ANALYSIS The applicant, Quad Knopf, on behalf of DS Ventures, has filed Rezone Application No. R-04-02 and Vesting. Tentative Tract Map No. 5284/UGM for 42 acres of property located on the northeast corner of West McKinley and North Polk Avenues. The rezone application proposes to rezone the subject property from the AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management). zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district.. Vesting Tentative Tract Map No. T-5284/U.GM proposes to subdivide the entire 42 acre site.into a.179-lot single family residential subdivision.at a density of 4.3 dwelling units per acre. . .On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which also adopted the West Area Community.Plan. The West Area.Community Plan designates the subject property for low(0.0-2.18 dwelling units per acre), medium (4.99-10.37 dwelling units per acre)and medium high (10.38-18.15 dwelling units per acre)density residential land uses. The applicant wishes to pursue development of the subject property with 179 single family homes. The requested R-1/UGM zone district is considered consistent with the residential planned uses contingent upon the development of the property in accordance with the Tentative Tract Map No. 5284. The proposed development with an average density of 4.3 dwelling units pre acre demonstrates that the project site will be developed within the overall range of dwelling units anticipated by the 2025 Fresno General Plan and West Area Community Plan as provided by Fresno Municipal Code.Section 12-403-13-2. Surrounding land uses are characterized by vacant,agriculture and rural residences to the north, south, west and east. Access to the subject site will be from North Polk, North Cornelia and West McKinley Avenues, which are all major (arterial and collector) streets. The traffic generated by this,project can be accommodated by the planned circulation system with street improvements completed by the project as required by development_ standards, Urban Growth Management(UGM)Service Delivery policies and Master Environmental Impact.Report No. 10130 mitigation measures.ISewer and water infrastructure availability and service demands ,have been. verified by the Department of Public Utilities with required facilitie''s to be located in North Polk, North Cornelia and West McKinley Avenues. Water Resources and Public Water Supply The Water Division of the Public Utilities Department has determined that.there is an adequate source of water available to serve the project with the implementation of UGM service delivery requirements and environmental impact mitigation measures. The nearest presently available water service lines are located in West McKinley and North Cornelia Avenues. The Fresno Metropolitan Flood Control District.(FMFCD)has indicated that this project can be accommodated by the district. The developer will be required to construct FMFCD "Master Plan facilities" as determined by the district. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan,and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety.consumptive purposes. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, which will be dedicated.to the City of Fresno. The applicant also must dedicate a water supply and treatment site for installation of an above-ground water storage and treatment facility that will be installed and/or constructed by the City. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No.T-5284/UGM June 2, 2004 Page 4 Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facilityin 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'PublicUtilities Department 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 mains to serve this project are located in North Polk, North Cornelia and West McKinley Avenues. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates West McKinley and North Polk Avenues as arterial streets, which typicallyrequire 110-foot right-of-way width, and designates North Cornelia Avenue as a collector street, which typically requires a 94-foot right-of=way: The developer will be required to dedicate and construct improvements for McKinley, Polk and Cornelia Avenues. 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 North Polk, North Cornelia and West McKinley Avenues for all residential lots adjacent to the major street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No:5284/U.GM Conditions of Approval dated June'2, 2004. As required by the mitigation measures established by the certification of MEIR No. 10130, a traffic assessment, dated April 19,2004,was prepared by Peters Engineering Group to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Erigineers.(ITE)Trip Generation Manual, Seventh Edition, and associated.computer software together with the Council.of Fresno County Governments' (COG) computerized traffic model, this analysis tredicts the.number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The proposed future development of a 179-lot single family residential subdivision on the 42-acre project site.can be expected to generate.an average of 1,778 vehicle trips per,day (VTD). .Of.these vehicle trips, it is projected that 135 will occur during the morning (7:00 to 9:00 a.m.) peak hour travel period and .181 will occur during the evening(4:00 to 6:00 p.m.) period hour travel period. A modest proportion of these projected trips are expected to access State Route 99. The information for the projected trips is from a traffic analysis prepared by Peters Engineering Group, in their report dated April 1.9,2004..The.report also identified several recommended mitigation measures for the proposed Tract 5284 which-the .Ci.ty of.Fresno has incorporated into this analysis. These measures include the requirement for the construction of a 300-foot southbound left turn pocket at the intersection of West McKinley and North Polk Avenues. In addition,upon completion of the project,traffic signal warrants shall be analyzed, at the intersection of :Polk and McKinley Avenues. If the intersections meets warrants for signalization, the developer shall install the signal per city standards. The project traffic study further indicates that the majority of the peak hour vehicle trips are expected to utilize Polk and Cornelia Avenues to the north°and south of the project site, and McKinley Avenue to the east. Because much of the immediately surrounding area(westerly portion'of the City of Fresno Sphere of Influence)is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other. urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major,street REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No.T-5284/UGM June 2, 2004 'Page 5 system consistent with the public facility and service delivery. requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report(No. 10130)which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The. California Department of Transportation (Caltrans), District.6, Office of Intergovernmental Relations has commented that development of the proposed residences will result in additional vehicle trips during the peak hour traffic periods which will impact the State Route (SR) 99 interchange at McKinley and Clinton Avenues. The Caltrans letter further indicates that improvements to the McKinley Avenue interchange, such as traffic control signalization of the ramp intersections and adding turn lanes, are anticipated in the future. It is recommended by Caltrans that a traffic impact study be prepared "in order to assess the project-related impacts to the State Highway System and the pro-rata share towards area-wide circulation improvements: 91 Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major.freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The city staff has not recommended that a state facility .traffic impact fee be imposed as a condition of project approval, as it not evident that Caltrans has accurately documented a project description and its cost, a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of.State facilities. The city's conclusion has been based upon Caltrans's submission of varying descriptions of the necessary freeway improvements,the imprecise estimate.of costs.and probable funding sources, and the lack of adequate information to comply with Fee Mitigation.Act requirements (California Government Code.§§.66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to.impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity.deficiencies has been presented to Caltrans for consideration. This method utilizes.the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan., development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600)which apply to the.City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model,,it.will be applied to any final tract map or other applicable.development entitlement for this project. It is also noted that the City of Fresno's staff has.met with.Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the. proportionality (fair share contribution towards mitigating the impact) required by State law. The City of Fresno again transmitted a written explanation of the above concerns, dated March 31, 2003, to, Caltrans District 6 Office of Transportation Planning which identified potential mechanisms to establish impact fees,such as a memorandum of understanding or joint powers agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be.indemnified with respect to legal challenges.protesting the imposition of a state facility fee exaction could not be granted. Subsequent correspondence received from Caltrans staff has not clarified the District's position with respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that it is the sole responsibility of the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act (CEQA) process. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No.T-5284/UGM June 2, 2004 Page 6 Although Caltrans representatives have not endorsed a state transportation facilities impact agreement, a partnership in planning'grant was obtained by the Council of Fresno County Governments through which the City of Fresno and Caltrans, are participatingalong with other local jurisdictions, to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno- Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to.be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision is proposed to have one access point to North Cornelia Avenue,two access points to North Polk Avenue and one access point to West McKinley Avenue. The subdivision also proposes one future connection to the parcel on the north boundary of the property. The Public Works Department, Transportation Planning Section. has reviewed the rezone and tentative tract map applications. They have also reviewed the traffic assessment, dated April 19, 2004, prepared by.Peters Engineering Group'. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and.kind of traffic generated, subject to the dedication and improvement of adjacent portions of Polk, Cornelia and McKinley Avenues to their ultimate planned width. Landscaping/Walls Given that the proposed subdivision.abuts planned arterial and collector streets, the developer will be required to install 10-20 feet of landscaping along North Polk, No Cornelia and West McKinley Avenues. 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 adjacent major streets. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. All of the lots inthe 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 zone district. The subdivision.map, based on the required findings f&approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and West Area Community Plan, complies with applicable zoning, subdivision,.and UGM requirements. Therefore, staff recommends approval., Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved,unless the map, together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. in addition, State law requires that a subdivision be found to provide for future.passive and natural heating or cooling opportunities in the subdivision development(Finding No. 6 below). REPORT TO THE.PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No.T-5284/UGM June 2, 2004 Page 7 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 West Area Community Plan designates the site for low, medium and medium-high density residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria. for development in this plan designation: 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will insure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health .and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public.easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities_in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended. conditions of approval, complies with the design and property development standards of the Zoning.Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by.the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5284/UGM dated May 7, 2004, and the Conditions of Approval for T-5284/UGM dated June 2, 2004. Action�bythe 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. CONCLUSION I RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL to the City Council of a finding of Mitigated Negative Declaration for Environmental Assessment No. R-04-02/T-5284 dated May 12, 2004. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-02 which proposes to rezone the project site from the AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-02 Vesting Tentative Tract Map No.T-5284/UGM June 2, 2004 Page 8' 3. APPROVE Vesting Tentative Tract Map No. 5284/UGM subject to compliance with the Conditions of Approval dated June 2, 2004. KAMaster Files-20041'REZONE1R-04-002-T-5284-McKinley-Polk-SAC1R-04-02-T-5284-RPC.wpd Attachments: Vicinity Map Vesting Tentative Tract-Map No. 5284/UGM dated May 7, 2004 Conditions of Approval for T-5284/UGM datedJune 2, 2004, including letters from Public Works Dept. (05/13/04), Fresno Metropolitan Flood Control District(03/30/04), San Joaquin Valley Air Pollution Control District(03/15/04) Fresno Irrigation District(03/16/04) and Parks Department (03/18/04) Letter from Caltrans dated March 18, 2004 Environmental'Assessment No. R-04.-0217-5284 (finding of a Mitigated Negative Declaration), issued on May 12, 2004 -1 INTQ AVE. AE-5/ >f I 11GM .. . - 1 1 o ., .. W. J b • • nnn w b r' w n W. YALE AVE. ^ w • y e.r•rs r '4A.v a • r nty / //• / / !!,/ /s%! /! //'r i / ��i/ city _ _. ,•./ ,f, /!, �%; , / ,r AE.5-UGM �i/,,././i /!✓ ,01� :/w _' 7 /./` /�i/� _ - W. NORMAL A A W. McKINLEY AVE W. McKiNLEY O Z rw• ■ � '�✓WM I � M AE-5/UGM R-VUGM/cz ' ~p.• , VICINITY IVIAIP PLANNING & DEVELOPMENT REZONE.APPLICATION NO. R-04=002 N DEPARTMENT From•AE-51UGM to R-11UGM A.P.N.:-3J-2-28-6A-9S,26,.3-Q----- VESTING TENTATIVE TRACT MAP NO. T-5284 z "..E ZONE MAP: 224 __ To subdivide the 42 acre site into a 172 lot single family subdivision North of McKinley Av. btwn Polk & Cornelia Aves. NOT TO SCALE BY/DATE: � S.'al �'a uin tg of Na d HI7 MUM _ _ k � gM1 }g �p ��$3$•@ QPICE?� I - 03 A "� F, �E`lea w� � �. S ;. I gp p6 $p 6 a> I gib. I h Fy a ap`Cvd d-tl I E g "\ i .1. i •ei •' >'� e t er.°o, yG y �.aS � r•t �g@ 6 t e • m' I — mr 1 Iw 3x31is3xo3 toxo r I •/¢® Qe Ai l' e3S 99 ;iq f% -Q c r�°..�9 A 9 9 ZR. 3fx93AV c � leel II � fia6 � 4 aieg ae pi j IIR� P a L & -3nN3AVk t _ eH.t.NoN F z.+. e g Re m r�� R ��. � Is I ele I o r. o • � d �LL� @?i� I�f �'n �a ¢ =`3 E 3rZI , of azj ae? 5 c n« •1 di a'. W6 6e '-L ala t✓4��� �g� ,"a 9 e 's n �S �5e I °L14a - .^Ci A 3fIN3Av_37� 3773 k' ON— / g3a�aa �< a r:_ -m- .. I �n o [[ S t �Ad ZOd HZ J Na e I nd�a `•d;°� f�I � � Ix I i- CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL June 2, 2004 VESTING TENTATIVE TRACT MAP N0. 5284/UGM Northeast corner.of West McKinley and North Polk Avenues All tentative mapsaresubject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies,and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included,in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development orwithin 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. 5284/UGM entitled. "Exhibit A,°dated May 7, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to.the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system., public streets, and storm drainage, including other technical reports and engineered plans as necessaryto constructthe required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by.the City prior to the approval of the Final.Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 2 June 2, 2004 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of - existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187,"City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs,water service, sewering,and inspections in accordance with the City of Fresno Master Fee Schedule(City Resolution Nos. 79-606 and No. 80-420)and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as,related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street: improvements in. accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If,at the time of Final Map approval,.any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect .to. enter into.an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map,approval; the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish access rights to.North,Polk,..North Cornelia and We McKinley Avenues from all residential lots which abut these streets.; Ref. Section 12-1011-f-3 of the Fresno Municipal Code. Relinquish access rights to West Normal Avenue along the north side.of lots 29 through.34, inclusive, LANDSCAPING AND WALLS 10. Provide a 20-foot landscaped easement (and irrigation system) along the side or rear property lines of lots which side-onto or back-onto North Polk and West McKinley Avenues. Provide a 10-foot landscaped easement (and irrigation system) along the side or rear property lines of. .lots which .side-onto or back-onto North Cornelia Avenue. (Fresno Municipal Code Section 12-1011-f(3)). Provide a 10-foot landscaped easement (and irrigation system)along the side or rear property lines of lots 29-34 which side-onto or back- onto West Normal Avenue. When the grading-plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to-be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 3 June 2, 2004 11. Maintenance of the required landscape easements along North Polk, North Cornelia, West Normal and West McKinley,Avenues may be the responsibility of the City's Community Facilities.District No. 2. Contact the Public Works Department, Engineering Services Division staff for information regarding the City's District. 12. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2,-he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgements from each purchaser.of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 13. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2, then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and .Development Department for review two (2) weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and.other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 14. 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. 15. Construct a 6-foot high solid masonry wall along the rear or side property lines of.all lots which back-onto or side.-onto North Polk, North Cornelia and West.McKinley.Avenues.(solid wall to meet the requirements of Section 12-.306-H, Fresno Municipal Code). 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. 16. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the.City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located . in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant.shall be recorded prior to or concurrent with the recording of the final map of Tentative Tract No. 5284/UGM. BUILDING SETBACKS 17. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit "A" of Tentative `�— Tract No. 5284/UGM dated May 7, 2004: 18. Building setback lines shall be as shown on Exhibit "A" dated May 7, 2004. A 10-foot building setback is required on the westerly side of Key Lot 179 to help minimize the impact to neighboring lots in accordance with Fresno Municipal Code Section 12-1011. _ CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 4 June 2, 2004 19. There shall be a 40-foot building setback from North Polk Avenue for lots 52, 53 and 66.: 20. There shall be a 30-foot rear yard building setback for any single story home and a 40-foot rear yard building setback for any two-story home which are constructed on Lots 130-134, inclusive, in accordance with West Area Community Plan Policy W-6-a. INFORMATION 21. Vesting Tentative Tract Map No. T-5284/UGM is subject to Council approval of related Rezone Application No. R-04-02. Rezoning of the site shall become effective for any portion of the tentative map of Vesting Tentative Tract No. T-5284/UGM for which a final map is recorded. If multiple final maps are recorded, the requested rezoning will become effective only for each phase of the tentative map upon recording of each final map. 2. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 23. Contact the United States Postal Service,:Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 24. 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. 25. 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 abandoninent/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. 26. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after, hours the contact phone number is 559-488-3111 for the Fresno. County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone number '805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the.project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be • CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 5 June 2, 2004 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. 7. Apportionment of Special Assessment: If, as part of this subdivision,a division will be made OT any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the.Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider. elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that .the Engineer apportion the amount, remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s)of each such lot, parcel, or interest to the requested apportionment. The application shall be.filed prior to the approval of the Final Maps) 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. 28. 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. t 29. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection..to be utilized in this%tract shall be subject to. approval of.the Solid Waste Manager. PARK SERVICE 30. Ti lie developer/owner shall complywith the requirements in the attached memorandum from the Parks Division dated March 18, 2004, for Vesting Tentative Tract No. T-5284/UGM. Urban Growth Management Requirements 31. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time �r of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 32. Fire service will be provided by City of Fresno Fire Station No.. 16. Provide residential fire CONDITIONS.OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 6 June 2,2004 hydrants and fire flows per Public Works Standards with two sources of water. 33. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Management Requirements 34. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF.-WAY 35. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 36. 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 r.W. — Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the-4-foot minimum unobstructed path requirement. 37. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 38.. The subdivider shall install all existing. and proposed'utility systems underground in accordance with Fresno Municipal Code Section 12-1011(H). 39. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and.E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68=187, 78-522, 81-219 and f.Y Jam/ 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. 40. All dead-end streets created by this subdivision shall be properly barricaded in accordance with.City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. 41. 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. 42. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. 43. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 7 ,lune 2, 2004 submitted along with the street construction plans for this tentative map to the Public Works Department. . Frontage Improvement Requirements: Major Streets.- North treets:North Cornelia Avenue. Collector, 4-lane 44. . Dedicate 47'of property, from section line,for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 45. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a .10-foot residential pattern. 46. Construct twenty (20) feet of permanent paving within the limits of this subdivision. 47. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 48. Relinquish direct vehicular access rights to North Cornelia Avenue from all lots within this development. West McKinley Avenue: Arterial 49. Dedicate 55'-57'of property from section line for public street purposes, within the limits of this development to meet the current City of Fresno Arterial Standards. 50. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 51. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this development. 52. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this development. Spacing and design shall conform to Public Works Standard E-7 for arterial streets. 63. Relinquish direct vehicular access rights to West McKinley Avenue from all lots within this development. 54. Dedicate and construct full frontage impro.vements.adjacent to FMFCD's parcel and the remainder to provide for health and safety measures as stated in the Subdivision Map Act, Chapter 1 (Section 66424.6). North Polk Avenue: Arterial 55. Dedicate 55'-57' of property from section line for public street purposes within the limits of this subdivision to meet the current City of Fresno Arterial Standards. CONDITIONS OF APPROVAL Vesting.Tentative Tract No. 5284/UGM Page 8 June 2, 2004 56. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 57. Construct twenty (20)feet of permanent paving (measured from face of curb) within the limits of this development and transition paving north of.this subdivision as necessary, ..based on .a 45 mph design speed. 58. Construct a one hundred (100)foot bus bay curb and gutter with.monolithic sidewalk at the northeast corner of.Polk and McKinley Avenues to Public Works Standard P-69. 59. Construct an underground street lighting system to Public Works Standard E-1 within the .� limits of this development. Spacing and design shall conform to Public Works Standard E-7 for arterial. streets. 60. Relinquish direct vehicular access rights to North Polk Avenue from all lots within this 4 development. 61. The proposed connection to Polk Avenue at West Dori Avenue will be limited to right-in and right-out turns. The proposed connection to Polk Avenue with West University Avenue will allow for left turns in but no left turns out. nterior-`Streets. 62. 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 fifty-four (54) foot streets. Specific Conditions.Requirements: r p , 63: This tract will generate 134,a.m. / 181 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is. required to comply with'the mitigation measure requirements of the 2025 General.Plan�circulation element. The traffic analysis, dated April 19, 2004, was prepared by Peters Engineering Group and has been.approved by the Public Works Department. 64. Relinquish direct vehicular access rights to: ►�l fid' a. the southern 80' of the east property fine of'lot 46 4 b. the south property line of lot 81 65. The first order of work shall include a minimum of two points of vehicular access to the majorstreets for.any phase of this development. Irngatio;n Canal Requirements rThe developer shall enter mto an.agreement with the Fresno Irrigation District 'Flb rovidrn "forpiping the canals and submit an executed co of the 9 ( )p 9 O PY -agreement or commitment letter from.FID to the Planning and Development Department. All piping shall be located outside of the proposed street right-of-way. Any piping across city .streets, shall b.e,rubbed gasketed reinforced concrete pipe .(RGRCP) constructed perpendicular -to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval UGM Requirements: CONDITIONS OF APPROVAL Vestihg.Tentative Tract No.=5284/UGM Page 9 June 2_2004 67. This map is in UGM major street zone E-4; therefore pay all applicable UGM Fees. North.Cornelia Avenue: Collector 68. Dedicate and construct two:(2) seventeen (17) foot center section travel lanes from the northerly limits of this subdivision south to West McKinley Avenue. West McKinley Avenue: Arterial 69. Dedicate and construct two�(2) seventeen (17) foot center section travel lanes, a 16-foot wide raised concrete median island from Polk to the easterly limits of the designated remainder and construct the median nose at Cornelia with.a. 250-foot left-turn pocket. Details of said street shall be depicted on the approved tentative tract map. Dedicate additional right-of-way to accommodate for westbound and eastbound u=turns at Polk and Cornelia Avenues. See Exhibit"BT. North Polk Avenue: Arterial 70. Dedicate and construct:two(2)seventeen (17)foot center section travel lanes and a raised concrete median within the limits of this subdivision. Provide a 120-foot southbound left— turn pocket at North Polk and West University Avenues. , 71. Install a signal pole and 150-watt safety light to Public Works Standards at the northeast corner of North-Polk..and West McKinley Avenues. SANITARY SEWER SERVICE -The nearest existing sewer mains are a 45-inch sewer main in West McKinley Avenue and a.45- inch maid located in North Cornelia Avenue.. The following conditions are required to provide sanitary sewer service to the tract. 72. Extension of a 10-inch sewer;main in North Polk Avenue from West McKinley Avenue north across the project frontage. )Q� ^ 73. Sanitary sewer mains shall be.extended within the proposed tract provide sewer service.to each lot created. 74. Separate sewer house branch shall be provided to each lot created within the subdivision. pQV 75. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. 76. A preliminary sewer design layout shall be submitted for City review prior to submitting plan and profile drawings for plan check. Engineered improvement plans prepared by a registered civil engineer are required for.proposed additions to the sanitary sewer system. Urban Growth Management Requirements 77.. Sewer connection charges,are due and.shall be paid for the project. WATER SERVICE s CONDITIONS OF APFROVAL_ Vesting Tentative Tract No. 5284/UGM Page 10 June 2, 2004 There are existing 14-inch water mains located in West McKinley and North Cornelia Avenues. The following conditions are.required to provide water service to the tract. Water mains shall be installed before street improvements. and. paving. 78. Extension of a 14-inch water main (including installation of city fire hydrants) in North Polk Avenue from West McKinley Avenue north across the project frontage. 79. Water mains (including installation of City fire hydrants) shall be extended within the _ proposed tract to provide water.service to each lot created. 80. Separate water services with meter boxes shall be provided to each lot created. T21 J 81. Installation of public fire hydrant(s) is required., 82. 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 maybe accomplished through any combination of water main flP' extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 83. All public water facilities shall be constructed in accordance with'City of Fresno standards, specifications, and policies. .84. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. 85. Engineered improvement.plans prepared by a registered civil engineer are required for proposed additions to the city water system. Urban Growth Management Requirements 86. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. Public U i ities De artm Solid Waste Division 87. T e owners, I se s or other tenants of the residential dwellings must, on service days before 6:00 a.m.,.place their solid waste containers at the edge of the curb approximately four (4) feet apart and not,blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards: 88. There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste service day. This;applies to any lot that is in whole or part of a cul-de-sac. 89. Lots 33,34, 35.and 36 on West Peralta Way shall be clear of all vehicles before 6:00 a.m. on the solid waste service day. Lot 122 located on North Forestiere shall move their CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 11 June 2, 2004 containers to the southeast edge of lot 121 to be serviced. Lot 123 located on North Forestiere shall move their containers to.the northern edge of Lot 124 to be serviced. A covenant will be required for these lots for service. Fresno Irrigation District 90. Fresno irrigation District(FID)Tracy No. 44 pipeline traverses the property in an exclusive easement. FID requests that the easement be shown on the map and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. C d 91. The applicant is required,to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 92. 'The Fresno Irrigation District requests that the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 93. The pipeline for the canal is not allowed in any required landscape easements along North Polk, North Cornelia or West McKinley Avenues. The easement for the canal pipeline needs to be relocated to an acceptable location. Right-of-Way Acquisition 94. The. developer'will be responsible for,the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper.drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be oetermned at the project design stage based.on the existing conditions and detailed design information. In.the event an acquisition of"any easement or right-of-way is necessitated by the subject development, said ,acquisition will be accomplished prior to Final Map approval. The developer/owner should-contact the Real Estate Section of the Public Works Department to receive procedural guidance in.such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all:costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 12 June 2, 2004 FLOOD CONTROL AND DRAINAGE 95. The subdivider shall be required to pay any applicable_ storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 96. 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 March 30, 2004. 97, Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven (7) days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 98. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated March 15, 2004, for Vesting Tentative Tract Map No. 5284/UGM. URBAN GROWTH_MANAGEMENT REQUIREMENTS (GENERAL) 99. 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 Lawas related to vesting. tentative tract maps. 100. The developer will be responsible forthe relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 101. This project is subject to the following development-fees and`charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 13 June 2, 2004 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE /RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of March 1, 2003 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq: ft. (to 100' depth) j. Trunk Sewer Charge $419/living unit Service Area: Cornelia k. Wastewater Facilities Charge $2,119/living unit I. House Branch Sewer Charge n/a m. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. 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. o. Frontage Charge $6.50/lineal foot p. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r, UGM Water. Supply Fee $442/living unit Service Area: 301 s. Well Head Treatment Fee $192/living unit .Service Area: 301 t. Recharge Fee $0/living unit Service Area: 301 .u. 1994 Bond Debt Service $60/living unit Service Area: 301 DEVELOPMENT IMPACT FEE CONDITIONS OF APPROVAL Vesting Tentative Tract No. 5284/UGM Page 14 June 2, 2004 v. 'Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $.1242/gross acre Service Area: 16 x. UGM Park Fee $1230/gross acre Service Area: 4 y., Major Street Charge $2435/adj. acre Service Area: E-4 z. Major Street Bridge Charge $135/adj. acre Service Area: E-4 aa. Traffic Signal Charge '' $860/adj.'acre bb. UGM.Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge' n/a K:\Master Files- City.of - DATE: May 13 ,2004 revision -- TO: Sandra Brock, Planner:lll / Shelby Chamberlain, Planner III DevelopmentDepartment, Planning Division THROUGH: Jose Luis Benavides, P.E. Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe; Traffic Planning;Supervisor Public Works Department, Engineering Divisio SUBJECT: TT 5284, revision Public Works Conditions of Approval The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5284, which was submitted by DS VENTURES:The following requirements are to be placed on this tentative tract map as a condition of,.approval by thePublic Works Department. General Co.nditions:. Handicap access ramps.are required at all corners within the limits of this subdivision. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping,plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for-this tentative map to the Public Works Department. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal,Code Section 12-10.11, 8-801°and Resolution No. 78-522/88=229. Frontage Improvement Requirements: Major Streets: North Cornelia Avenue: Collector;4-lane 1. Dedicate 47' of property;.from section line, for public street purposes, within the limits of this subdivision to meetthecurrent City.of.Fresno:Collector Standards. 2. Construct concrete curb.; gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct 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-8 for.Collector Streets. 5. Relinquish direct vehicular access rights to Cornelia Avenue from all lots within this subdivision. - 1 - :C:',Louise1,TRACT MAPS\T-5234 NE COR POLK MCKINLEY REV 5-13-04.doc cc:Traffic Readine File West McKinley Avenue: Arterial 1. Dedicate 55-57' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. 2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a 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 West McKinley Avenue from all lots within this . subdivision. 6. Dedicate and construct full frontage improvements adjacent to FMFCD's parcel and the remainder to provide for health and safety measures as stated in the Subdivision Map Act Chapter 1, 66424.6.. North Polk Avenue: Arterial 1. Dedicate 55-57' of property, from section line, for public street purposes, within the limits of this subdivision to meet the current City of Fresno Arterial Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a ten (10) foot residential pattern. 3. Construct twenty (20) feet of permanent paving within the limits of this tract and transition paving north of this subdivision as necessary, based on a 45 MPH design speed. 4. Construct a one hundred(100) foot bus bay curb and gutter with monolithic sidewalk at the northeast corner of Polk and Mckin.ley Avenues to Public Works Standard P-69. 5. 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 Divided Arterial Streets. 6. Relinquish direct vehicular access rights to North Polk Avenue from all lots within this subdivision. 7. The proposed connections to Polk Avenue will be limited to right-in and right-out turns. In order to allow for "left turns in but no left turns out" to Polk Avenue, a redesign is required. This can be accomplished. by eliminating the connection to Polk from West Colton and opening West University Avenue. 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 API Standards for fifty (50) foot and fifty-four (54) foot streets. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements.- 1'. equirements:1'. This tract will generate 134 a.m. / 181 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study shall be prepared and submitted to Traffic Planning prior to a TIS "scope" meeting being set. In lieu of a Traffic Impact Study the developer has the option of voluntarily paying an additional Intersection and Traffic Signal - 2 - C:\Louise\TRACT MAPS\T-5334 NE COR POLK MCKINLEY REV i_13-04.doc cc:Traffic Readinu File Mitigation Fee in accordance with the attached application. Contact the Planning and Development Department for additional information on'this option 2. Relinquish direct vehicular access rights to a. . the R91# PF11Pel#V line.ef.let 1 b. the e66t PFc PbFt�' line..Gf-lef_n 1 c. 'The southern 80' of the east property line of lot 46. d. The south property line of lot 81. 3. The intersection of a.. West Polk and West Dori Avenues shall be limited to right-in and right -out turns, only. c. North'Polk and West University Avenue shall be limited to right in, right out and left in turns, only. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. aligf 6. Irrigation Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the.canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber Basketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. UGM Requirements: This Map is in UGM major street zone E=4; therefore pay all applicable UGM fees. North Cornelia Avenue: Collector 1. -Dedicate and construct two 17' center section travel lanes from the northerly limits of this subdivision.south to Mckinley Avenue. West McKinley Avenue:Arterial 1. Dedicate and construct two center 17-f6ot travel lanes, a 16' wide raised concrete median island from Polk to the easterly limits of the designated remainder and.construct the median nose at Cornelia with`a 250' left turn pocket. Details of said street shall be depicted on the approved tentative tract map. Dedicate an additional 43' e right-of-way to accommodate for west-bound and east-bound U-turns at Polk and Cornelia' See Exhibit"B". North Polk .Avenue: Arterial 1. Dedicate and construct two 17' center section travel lanes and a raised concrete median within the limits of this subdivision. Provide a 120' (south bound) left turn pocket at North Polk and West University Avenues, 2. Install a signal pole and 150-watt safety light to Public Works Standards at the northeast corner of North Polk and West Mckinley Avenues.- Attachment: venues:Attachment: Exhibit C:\Louise\TRACT MAPS\T-5254 NE COR POLK MCKINLEY REV 5-13-04.doc cc:Traffic Readim,File 1 f t I - 4' 1 u 57' 8' 33' .p PROPERTY LINE ; 4 � oIw W SECTION cn LINE o PROPERTY LINE Q F-- _ `� j MAY 1 3 ono+ o � I . o . 99. 99 w . ,EXHIBITI revised 5/11/04 � � I I File No.210:45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS . . ro PUBLIC AGENCY DEVELOPER Mr. Alan Kawakami, Chief Engineering Tech,DS VENTURES,LLC Development Services Department C/O MARK ANNOTTI City of Fresno 8383 WILSHIRE BLVD., STE. 1000 2600 Fresno Street BEVERLY HILLS, CA 90211 Fresno, CA 93721 MAP NO. 5284 REV: PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) ". CI`. " -" _ - DRAINAGE AREA. " CI 5256,599.00 .DATE 3I1 DRAINAGE AREA TOTAL FEE 5256,599.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental;Quality.Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee 'indicated above is based on the tentative map. Contact the FMFCD project engineer prior to . w h, approval-of the final map for the fee. . Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable_. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurredin constructing Master Plan drainage system facilities is credited against the drainage fee obligation. .__, FArO F M TVTi _ PURON(1 ('e Q2777 PAY 15SQ1 dam('�iQd 7— cirio'iHi riimr nt 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. s 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adapted 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: 4F;' a. Permanent drainage service is available provided the developer can verify to the satisfaction of the-City of Fresno that runoff can be safely conveyed to the .Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent,drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through X d. See Exhibit No. 2. 5. The.proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 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 Discharaes 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 P P enerated b 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 0 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: M 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 N employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. r.l/_n r n7 vNir CDccAlfl e'A 02777 14ZOI ACf '1109 CAN' /CCO\AGK-210A T...'. i 1 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. 41 r 7. A requirement of the District.may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date.of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Ge a d E. Lakeman, Project E hineer: Mark Will District Engineer, Assistant General Manager C: QUAD KNOPF, INC. . 8405 N. FRESNO ST., STE. 300 FRESNO, CA 93720 ; T NOTE: THIS DRAWING IS SCHEMATIC, i DISTANCES ARE APPROXIMATE. 15' , I I > --------- L ` - Q � I � LJ I. I Q 18. I ---------- o o --1 Ld Z AREA OF STOCKPILE C- f6ASIN ' ———— I O REMAINDER I I I I I � I "a I I 30" -- —=-- L---- ------------- 1B" -1 "CK" 18" RELIEF LINE McKINLEY AVE. LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY 'DEVELOPER - PIPELINE (SIZE SHOWN), INLETS & OUTFALL STRUCTURES MASTER PLAN FACILITIES TO 'BE CONSTRUCTED BY •••••••••----•-• DEVELOPER PIPELINE (SIZE 'SHOWN), IF CITY REQUIRES STREET IMPROVEMENTS IN MASTER PLAN FACILITIES LOCATION — EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES SCALE 1 =400' DIRECTION OF DRAINAGE ————— INLET BOUNDARY DRAINAGE AREA BOUNDARY MOWSTRIP TO BE CONSTRUCTED BY DEVELOPER, PORTION ON McKINLEY AVE ONLY, IF ADJOINING SIDEWALK IS REQUIRED BY CITY � EXISTING TEMPORARY INLET TRACT 5284 REVISE] EXHIBIT NO. I DRAINAGE AREA: "Cl" L'DL`C7\Tr) 11AVTDnD(1TTrrANT 777 !07 r 'nTxTT'CJnT nTGTDTrT 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 ofMaster 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. Proposed Lots 172-179 will not have permanent drainage service available. The District recommends temporary facilities until permanent service is available. s_ A minimum fifteen-foot (15') wide storm drain easement will:be required whenever stone drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Prior to any work being initiated in the basin; the Developer or his Contractor shall obtain an excavation permit from the District. If the work consists solely of stockpiling material excavated: from the basin within the basin,there is not a permit fee. However, if any material is removed from the basin(off-site), a permit fee shall be paid prior to receiving the permit.. No.importing ofmaterial is permitted..If stockpiled within Basin"Cl",the'Developer will be eligible for$1.40 per cubic yard., credit. The District reserves the right to delete this work prior to the Developer initiating work. The required thirty-inch(30")storm drain line in Polk Avenue,as shown on Exhibit No. 1,has also been required of the Developer of the Polk-ClintonElementary School Site. If those facilities are completed prior to the development of this site, the construction requirement will be dropped. No surface run-off shall be directed towards the District basin. ' The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed,-District review and approval of the proposed fence is required. .,. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our.mutual property line prior to preparing a grading plan. Development No. Tract 5284 Revised San Joaquin valley Air Pollution Control District March 15, 2004 Reference No. 126DEV2004 Sandra Brock Planning and Development Dept. 2600 Fresno St., Third Floor Fresno Ca 93721 Subject: T-5284, R-04-02 (APN 312-280-19s, -26, -30) Dear Ms. Brock: 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 is classified non-attainment for ozone and fine particulate matter (PM10). This project. will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project may generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this. project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases(ROG)or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study to determine .impacts when projects are of this size, unless an analysis has been accomplished for a recent previous approval such as a general plan amendment or zone change. Please , indicate to the District if the project has been analyzed in a previous study. The District recommends using the URBEMIS 2002 program to calculate project area source and mobile source emissions and to identify mitigation measures that reduce impacts. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS 2002 should be directed to Thomas Jordan at(559)230-5802. 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 (National Emission Standards for Hazardous Air Pollutants). 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 230-5973, or contact CAL-OSHA at 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. 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. Ms. Brock March 15, 2004 T-5284, R-04-02 Page 2 District Rules 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and District Rule 4902 (Residential Water Heaters) ,to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003 amendments to Rule 4901 were.adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. .Beginning January 1, 2004,- 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 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. District Regulation_Vill (Rules 8011.-8081)- Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. .A Dust Control Plan must be submitted for the District's approval.at least 30 days before construction activities beginifthe project cumulatively encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material on at least three days of the project. An assistance bulletin has been.enclosed for the applicant. District 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 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). 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. This project may be subject.to additional District Rules. To identify additional rules or regulations that apply to this project, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at 230-5888: There are a number of possible mitigation measures .that should be incorporated into the design of this project to reduce the overall,level of emissions. (Note: Some of the mitigation measures r-6-ay already exist as City development standards. All other measures should be implemented to the fullest extent possible). This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts' Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. See http://www.coL)Icommunities.or-q http://wwwagc.orq/bookstore/energy/downl_oads/sivtreeguidelines.pdf http://www.urbantree.or_q • 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, loadingareas, route signs and shelters. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks: Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. Ms. Brock March 15, 2004 T-5284, R-04-02 Page 3 • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. 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. Mid-block paths should be installed to facilitate pedestrian movement through long blocks(over 500' in length) and cul-de-sacs. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include (but are not limited to): - Increased wall and ceiling insulation (beyond building code requirements) - Energy efficient widows (double pane and/or coated) - High-albedo (reflecting) roofing material. See http://eetd.lbl.gov/coolroof/ - Radiant heat barrier. See htti)://www.eere.energy.g.ov/consumerinfo/refbriefs/bc7.htmi - Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/ - Energy efficient lighting and appliances. See http://www.energystar.-gov/ - Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters) - Energy efficient heating/cooling systems (such as radiant heating-system) - Awnings or other shading mechanism for windows - Porch/Patio overhangs - Ceiling fans, whole house fans - Orient the units to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. I See http://www.eere.ener_qy.gov/RE/solar passive.html - Electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment - Pre-wirethe unit with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of traditional open-hearth.fireplaces) - 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, etc. More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.htmI • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. There are rebate and incentive programs.for alternative energy equipment. More information can found at- http://www.dsireusa.orq/, http://rredc.nrel.gov/, http://www.energy.ca.goy/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. Ms. Brock March 15, 2004 T-5284, R=04-02 Page 4 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. r 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 230-5800 or.Mr. Hector R. Guerra; Senior Air Quality Planner, at 230-5820' and provide the reference number at the top of this letter. Sincerely, 3 Chrystal Meier . CEQA Commenter Central Region ector R. Duerr. . Senior Air Quality Planner Enclosures c:file . f 3 r - San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN ' September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that.generate fugitive dust. Fugitive dust is emitted to the air from open ground or caused by activities such as excavation, transporting bulk materials, or travel on unpaved surfaces. "PM10" isa term applied to small sized particulate matter- microscopic dust particles - in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted. Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002. The following dust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE opacity of 20% means the amount of dust that would obstruct the view of an object by 20%. Soil stabilization. Soil stabilization is required at any construction site after'normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased .projects where disturbed land is left unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area.' Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and.test methods are in Rule 8011 — General Requirements. Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and Trackout. Carryout and,trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The recommended clean- up methods include manually sweeping, sufficiently wetting the area prior to mechanical sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 "M' Street, Suite 275 Modesto, CA 95356-9321 Fresno. CA 93726-0244 Bakersfield,CA 93301-2370 c Access and Haul Roads. Dust control is required on all unpaved access and haul roads, and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Storage Piles and Bulk Materials. The handling, storage., and transportation requirements for bulk materials are found in Rule 8031 — B ulk Materials. These requirements include: applying water as materials are handled, stabilizing or covering stored materials, and installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a freeboard s.ix inches or greater, covering haul trucks, or applying water to the top of the load are options for reducing VIDE from vehicle transportation of bulk materials. Demolition. Wetting of the exterior of a building to be demolished is required. Demolition debris and the area around the demolition,must also be controlled to limit VDE. Cleaning up carryout and trackout must be completed,according to Rule 8041. Demolition activities are also subject to the District's asbestos rule, Rule 4002— National Emission Standards for Hazardous Air Pollutants. Dust Control Plans. For large construction projects, Rule 8021 requires the owner or contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to. commencing construction activities. This requirement applies to projects that include 40 or more acres of disturbed surface area or will involve moving more.than 2,500 cubic yards per day of material on at least three days during the project. Record keeping. All sites subject to the regulation that employ dust control measures must keep records for each day any"dust controls are used. The District has developed record keeping forms for water application, street sweeping, and for "permanent" controls such as :applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Pursuant to Rule 8011, records must be kept for one year after the end of dust generating activities. Exemptions. Activities in areas.above 3,000 feet elevation are exempt from all Regulation Vill requirements. The following exemptions in Rule 8021 apply to construction activities: • Blasting activities • Maintenance and remodeling of existing buildings if the addition is less than 50% of the size of the existing building or 10,000 square feet. These activities, however, are subject to the District's asbestos rule, Rule 4002. • Additions to single family dwellings • Mowing, disking or other weed control.on sites less than % acre. Nuisance. Whether or not the construction activity is exempt from the Regulation Vill requirements, any activity.thatcreates fugitive dust must not cause a nuisance, per Rule 4102 = Nuisance. Therefore, it important to monitor the dust generating activities,and, if necessary, plan.for and implement the appropriate dust control-measures to limit the public's exposure to fugitive dust. This is-a basic summary of Regulation Vill as it applies to the construction industry. 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FRESNO,CALIFORNIA 93725-2218 ._ Your Most Valuable Resource-Water March 16, 2004 Ms. Sandra Brock City of Fresno Planning &Dev. Department 2600 Fresno Street, Room 3043 Fresno, California 93 72 1-3 604 RE: Vesting Tentative Map of Tract No. 5284/UGM Rezoning Application No. R-04-02 Dear Ms. Brock, FID's comments and requests are as follows: 1. FID's Tracy No.44 pipeline traverses the subject property in an exclusive easement recorded on June 21, 1966, as Document No. 46811, Official Records of Fresno County,as shown on the enclosed map. 2. FID requests.that its easement be shown on the map with proper recording information, and that FID be made a party to'signing all plans which affect its easement and pipeline facility and'also be made party to signing the final map. 3. FID requests the applicant replace the existing.pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 4. FID requests that the applicant be required .to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. Thank you for submitting this item for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadamsO,fresnoirrig_ation.com. Sincerely, FRESNO IRRIGATION DISTRICT Selina Adams Engineering Assistant KU 1 8 2004 File:Agencies/City/VTTM No. 5284/UGM RA No.R-04-02 Planning Divisi.on Development Department ^ITY OF FRESNO March 18, 2004 1 T- 5284 PARKS, RECREATION &COMMUNITY SERVICES DEPARTMENT TO: Robert Lewis; Supervising Planner Development Department DATE: March 18, 2004' Subject: Tentative Subdivision Map T-5284 Location:Northeast corner of West McKinley and North Polk Avenues. The Parks Department hasreviewedthe Vesting Tentative'Subdivision Map.drawn by Quad Knopf Engineer, dated"FEB 27 2004", Parks offers the following.comments regarding the street tree, and buffer/parkway strip conditions : . . . 1. STREET.'TREE-REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60' of street frontage, or one tree per lot, whichever is greater:: The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. B. The street tree species"are designated for the following rights of way: } W.Colton Ave. Ginkgd biloba `Autumn Gold.'or`Fairmont' (Maiden Hair) W:Normal Ave. Sapium sebiferum (Chinese Tallow) W. University Ave. Nyssa=,(Black Tupelo)W. Dori Ave. Celtis (European Hackbeny) W: Peralta Way Sophora japonica(Japanese Pagoda Tree) W. McKinley Ave. Nyssa :'sylvatica'.(Black Tupelo). N. Polk Ave. Brachychiton poluneum'(Bottle Tree) N. Ellendale Ave. Koelreuteria paniculata (Goldenrain Tree) N. Delbert Ave. Qu, rcus'agrifolia'(Interior Live Oak) N. Constance Ave. Podcarpus:'gracillior.`(Fern Pine) N. Barcus Ave. Pistacia.'chin'ensis'(Chinese Pistache)' N.Dante Ave. Ginkgo biloba Autumn Gold:or 'Fairmont' (Maiden Hair) N. Forestiere Ave. Pistacia `chinensis.'(Chinese Pistache) N. Cornelia Ave. Celtis`Australis° (European Hackberry) C; Street tree requirements: a: Street tree inspection fees shallbe collected for each 60' of public,or one tree per lot, whichever is greater. b. Trees shall be planted in accordance with "Specifications for.Developer Street Tree Planting." Y -The developer shall contact Parks to determine tree species required on each street. c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Parks, Recreation and Community Services Department. A street tree planting permit shallbe required for all residential street tree planting. F ' „ e 1 S March 18, 2004 2 T- 5284 d. Performance and payment securities, paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with'Parks Division's planting specifcations and;meets the specifications of the city. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. 2. BUFFER LANDSCAPING & MAINTENACE REQUIREMENTS . i A. The developer is required to provide landscaping and long term provision of maintenance for the landscape easements and rights,of way on North Polk Avenue, West McKinley Avenue,North Cornelia Avenue B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval of the final reap. Plans shall be numbered to conform to and included in the Public Work's Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing into 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 parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to.mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape`easement. Maximum slopes shall not exceed 4:1 with l'of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s),serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the City- controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. As an alternative to the CFD2, the subdivider may form a Home Owners Association for the long tenn provision of maintenance of the landscape buffers and rights-of-way. 3. UGM REQUIREMENTS Park,Recreation and Community Services Department March 18,2004 T-5284 , Pace 3. The project is in UGM Zone# 4. Please assure that all Parks UGM fees are collected as allowed by FMC. The nearest regional park tothe site is.Roedinc,Park. The nearest neighborhood park is Victoria West Park located . at West Clinton and North.Brawley Avenues. This project is consisted with the Parks Master Plan. 4. FEES As a reminder, please verify..that the following administrative/plan check fees are collected: Collect the street tree lands cape,review,fee of$56.00 (Acct#34599 Fund#10101 Org#17050) } 2. Collect of the 15-gallon Street Tree Inspection fee for treeplantings by private party at the rate in effect in the , Master Fee Schedule at the time payment is due(current rate is $30.00 per tree Acct#34859,Fund#24001,Org #179900): 3. Collect the'CFD_Plan'Review'fee of$176.00(FY2002.rates)(Acct#34599 Fund#10101 Org#17050) 4. Collect the CFD Field Inspection fee of.$305.00 FY2002 rates)(Acct.(Acct#34599 Fund#10101 Org#17050) Should the project be phased, separate plan check and inspection fees shall be collected for each .. phase.-A re-inspection fee of$29.00/hour shall be charged when the landscape (and all associated .work, including irrigation)fails to pass inspection and requires a re-inspection by city staff. `a STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE " P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power•! FAX (559)458-4083 Be energy efficient! TTY (559)4S8-4066 n . March 18, 2004. M U= 2 1'31,f."r'.." 213 1-IGR/CEQA L!EVELOPIACNT CICPAR I P&lff 6-FRE-99-23.8+/- '9T1 OF PPIESNO R-04-02 & T-5284 DS VENTURES Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street Fresno, CA.93721 Dear Ms. Brock: We have completed our review of the tract map ..for,the proposed 197-lot single-family residential development located on the northeast corner of West McKinley and N'6.rth Polk Avenues,..situated approxim4tely.3.0 miles west of State Route'(SR) 99. Caltrans has the. following comments: It is estimated that this development would likely generate approximately 197 trips during the PM peak hour. It is further estimated that a portion of the generated trips would impact the SR 99 interchanges at McKinley and Clinton Avenues. The McKinley Avenue interchange .is expected to require future improvements such as signalizing the ramp intersections and adding turn lanes. It is Caltrans' understanding that the 2025 General Plan MSIR requires projects that will produce 100 or more peak-hour trips (as this project will) 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). Will the City require a traffic study .for this proposal? Caltrans recommends that the applicant conduct a Traffic Impact Study (TIS) in order to assess the project-related impacts to the State Highway System and the pro-rata fair, share towards area-wide circulation improvements. As per the .City's policy (Mitigation Measure B-4), please have the preparer of the traffic study reference -the Caltrans. Guide for. the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the.TIS to Caltrans before the traffic study is.conducted. Caltrans Guide, while advisory, contains Best Practices-and.;g ves insight.into Caltrans' expectations when reviewing a traffic study. If the traffic consultant has any issues'or concems regarding`the use of the Guide or its interpretation, please contact .us so resolution can be reached.. Caltrans is available to discuss the scope of the traffic study at the City's convenience. Ms. Sandra Brock March 18, 2004 Page 2 The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. 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 Cn .1missi.on. This will provide the decision-making body and the gen era),public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Mr. Jon Ruiz, Interim Assistant City Manager and Dir�+ector of Public Works 1 t1J. sl Uul d�7ltT' F �tive DLL ec Vr, CounV,i"o. �!YF+CCt1 n"1 o\ y --ov e:•-Lments a oo tti Exlec4 t 1 111V✓LaV V 1 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 thepotential 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.