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Home My WebLink AboutT-5294 - Conditions of Approval - 12/6/2005 G 6w REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-F COMMISSION MEETING 10-6-04 October 6, 2004 APPROVED 8Y FROM: STAFF, Planning Division , DEPARTMENTD/RECTOR Planning and Developme" nt SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-25, VESTING TENTATIVE TRACT MAP NO. 5294/UGM, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-25/T-5294 EXECUTIVE SUMMARY Rezone Application No. R-04-25 proposes to rezone the subject property from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban. Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for 20 acres of property located on the west side- of South Temperance Avenue between East Butler Avenue and East Kings. Canyon Road. The applicant, Union Community Holdings, has also filed Vesting Tentative Tract Map No. 5294/UGM proposing to subdivide the subject property into an 83-lot (plus one outlot) single family residential subdivision at an overall density of 4.2 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. PROJECT INFORMATION PROJECT Tentative Tract Map No. 5294/UGM proposes an 83-lot (plus one outlot) single family residential subdivision on approximately 20 acres (net) of property to be developed at an overall density of 4.2 units per acre APPLICANT Union Community Holdings (Engineer: Ingels-Braun and Associates) LOCATION West side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road (Council District 5, Councilmember Dages) SITE SIZE 20 acres LAND USE Existing Agriculture Proposed Single Family Residential ZONING Existing - AE-20/UGM (Exclusive Twenty AcreAgriculturaU Urban Growth Management Proposed - R-1/UGM (Single Family ResidentiallUrban Growth Management PLAN DESIGNATION Proposed R-1/UGM zone district with 83-lot single family residential AND CONSISTENCY subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium-low density (2.19 to 4.98 units per acre) residential land uses ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated August 9, 2004 PLAN COMMITTEE The Roosevelt Community Plan Advisory Committee, by a vote of RECOMMENDATION 4 to 0, recommended approval on June 28, 2004 { 'OHEPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 2 STAFF RECOMMENDATION Recommend approval of the rezone application and approval of the tentative tract map subject to compliance with the Conditions of Approval for T-5294/UGM dated October 6, 2004 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium-Low Density Residential AE-20/UGM Rural Residential North Exclusive Twenty Acre AgriculturaU Urban Growth Management South Low Density Residential R-1-13 (County) Single.Family Residential Single Family Residential East Not in City Sphere of Influence AE-20(County) AgriculturalNacant Exclusive Twenty Acre Agricultural Medium-Low Density Residential AE-201UGM AgriculturalNacant West Exclusive Twenty Acre AgriculturaU Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-25/T-5294 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 and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ ANALYSIS The applicant, Union Community Holdings, has. filed Rezone Application No. R-04-25 and Vesting Tentative Tract Map No. 5294/UGM for, 20 acres of property located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road. The rezone application is requesting a zone change from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5294/UGM is proposing to subdivide the subject property into 83 single family residential lots to be developed at a density of 4.2 units per acre. The subdivision also includes one outlot which is proposed for open space (park) purposes. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Roosevelt Community Plan. The updated Community Plan designates the subject property for medium-low density residential land uses. The applicant wishes to pursue development of the subject property with 83 single family homes. The requested R-1/UGM zone district conforms to the medium-low density residential land use designation as indicated by the 2025 Fresno General Plan's"Planned Land Use and Zone District Consistency Matrix." REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM 6, October 2004 Page 3 Surrounding land "uses are characterized by agricultural and rural residences to the north, east, and west. There is a single family residential development to the south, which was developed within County unincorporated territory. Access to the subject site will be through adjacent properties to the east and/or north which ultimately will access South Armstrong Avenue and East Kings Canyon Road,which are major (collector and arterial) 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 environment impact mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in South Armstrong and South Temperance Avenues. Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed and recommended approval of Rezone Application No. R-04-25 and Vesting Tentative Tract Map No. 5294/UGM on June 28, 2004, by a vote of 4 to 0. Water Resources and Public Water Supply The nearest presently available water service lines are located at the west boundary of the subject property and at the intersection of South Temperance and East Butler Avenues. It has been 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 Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project cannot be entirely accommodated by the district and temporary facilities will be required. 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. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD), which is sufficient to accommodate continued planned urban development including the proposed project. The Department of Public Utilities has determined that adequate sanitary sewer service is available to serve the project. The. nearest public sanitary sewer main to serve this project is located in South Armstrong Avenue, to the west of the subject property. REPORT TO THE PLANNING jOMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 4 Major Street Improvements The 2025 Fresno General Plan designates South Temperance Avenue as an expressway street requiring a 110-foot right-of-way width. The developer will be required to dedicate and construct improvements on the west side of Temperance Avenue and relinquish access rights from all adjacent lots. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract and construction of an underground street lighting system. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5294/UGM Conditions of Approval dated October 6, 2004. The developer is also required to contribute toward the design and construction of a bridge over the Briggs Ditch where it crosses Temperance Avenue at the northeasterly comer of the subdivision. The- construction of the bridge will occur in the future when other properties in the area develop and similarly contribute toward the construction of the bridge. Streets and Access Points This subdivision is proposed to have one access point to the existing County unincorporated subdivision to the south, which has access to Temperance and Butler Avenues. The subdivision also proposes an access point to the approved subdivision to the west (Tentative Tract No. 5310), which would ultimately access Armstrong Avenue. Staff is also requiring the applicant to obtain another point of vehicular access to the project, through adjacent properties, which would ultimately access either Armstrong Avenue or Kings Canyon Road. The Public Works Department Transportation Planning Section has reviewed the rezone and tentative tract map applications. 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 Temperance Avenue to the ultimate planned width. It is noted that residents in the County subdivision to the south have expressed concerns regarding the proposed access point connecting this subdivision with the existing County subdivision to the south. The attached letter from the Sunnyside Homeowners Association expresses this concern. It is noted that it would not be necessary for this subdivision to have access to the county subdivision to the south, provided that another point of access is provided to Armstrong Avenue or Kings Canyon Road as discussed above. Fire Service The proposed subdivision is currently located more than three miles from the nearest existing fire station (Fresno County Station No. 88). As a result, all residences within the subdivision will be required to be equipped with fire sprinklers. The subject property is within the service area of City Fire station No. 15, which is currently under construction at Park Circle Drive and Clovis Avenue and the subject property is within three miles of City Fire Station No. 15. It is noted that if Fire Station No. 15 is constructed and operational prior to the development of Tentative Tract No. 5294, fire sprinklers will not be required. Exposure to Power Lines The proposed subdivision abuts Pacific Gas and Electric Company high voltage transmission power lines, which traverse the project site in a northwest and southeast direction. Recently, some private and public agencies have expressed concerned regarding the possible adverse health effects on humans which may result from the electromagnetic fields generated by the flow of electricity through the high voltage transmission lines. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 5 The Environmental Protection Agency released a study document summarizing the evidence about electromagnetic fields and its effects on human health.. The study found that as related to the electromagnetic fields there was only a limited understanding of how it might lead to carcinogenesis and that there was not enough knowledge to warrant a dose response assessment. The EPA decided that the evidence suggests a hazard,but declined to apply a classification scheme to this kind of agent as is currently done for known hazardous chemicals. The California Department of Health Services has concurred with this judgment. Because of the lack of clear evidence the Department of Health Services and the Public Utilities Commission have not proposed any regulation at this time. The Department of Health Services, however, does advise that city planners, school boards, and real estate developers and those who control the building codes may find themselves forced to deal with the issues of proximity to electric transmission line rights-of-way or easements. Due to the lack of regulation from the State and the Federal Governments, the California Department of Education has adopted a policy that recommends minimum distances between new schools and the edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 kV lines, 150 feet for 220-230 kV lines, and 250 feet for 345 kV lines. It is noted that these guidelines are.not based on specific biological evidence. The city staff acknowledges there is ,public concern about the possible health hazards related to the delivery of electric power and much of the concern is based on suggestive data that, at this time, is both incomplete and inclusive. However, until we have the necessary information, a "prudent avoidance" strategy that limits exposure when it can be done at a reasonable cost and with reasonable effort would seem appropriate. The Planning and Development Department has advised the developer of this project of the department's concern and has recommended that they voluntarily design their project to avoid or limit the exposure to the power lines until specific biological evidence is available to determine if there is a hazard. LandscapingMalls The proposed subdivision abuts a planned expressway street (Temperance Avenue). In order to meet the Expressway Area (EA) zone district standards, the developer will be required to install 26 feet of landscaping along South Temperance Avenue. The 26-foot landscape strip will be combined with 10 feet of property within the public right-of-way between the property line and the curb to accommodate the required multi-purpose trail along Temperance Avenue. 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. The wall along Temperance Avenue shall be designed in accordance with the acoustical analysis prepared by Brown-Buntin Associates, Inc., dated May 14, 2004, which addresses the noise impacts resulting from vehicle traffic on Temperance Avenue in this area. Open Space The developer will be required to provide at least five percent of the total project area for public or private common open space per Roosevelt Community Plan Policy No. 1-17.3. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi-public open space within one-quarter mile of this development. ` :DEPORT TO THE PLANNING -,OMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 6 The required multi-purpose trail to be constructed along Temperance Avenue within the proposed subdivision will provide a concrete trail for pedestrians/bicyclists and a crushed rock trail for equestrians. This required trail construction will apply toward the above-noted five percent open space requirement for this project. In addition, the subdivision includes a pocket park in its design of approximately 0.43 acres and this park will also apply toward the open space requirement. Historical Resource There is at least one pre-1954 residence with related outbuildings on the subject property proposed.to be removed as part of this project. The 2025 Fresno General Plan Policy No. G-11-c states that prior to issuance of a formal demolition order by the City involving structures over 50 years,old, potential Local" Register listing shall be reviewed by historic preservation staff and if necessary, by the Historic Preservation Commission. It is staff's policy to require the applicant to hire a professional consultant to produce a historic survey of the project area when there is a potential historic resource on site. As a result, a condition will be placed on the tentative map requiring the developer to complete a historic survey on the subject property to be submitted for review and approval by historic preservation staff prior to the demolition of any structures on the subject site. Lot Size Compatibility The proposed subdivision is adjacent to an existing single family residential development within unincorporated Fresno County to the south. The existing County subdivision is zoned R-1-13 and contains lots along its north boundary, which are 110 feet wide. Tentative Tract Map No. 5294 proposes 62-foot wide lots for the majority of the lots that abut the County subdivision. Neighboring residents in the County subdivision have voiced concerns regarding the compatibility between the two subdivisions. In the attached letter from the Sunnyside Property Owners Association (SPOA) dated September 27, 2004, it is stated that members of the SPOA and residents of the County subdivision met with the project engineer on September 7, 2004, to discuss this issue. At the meeting, the SPOA and neighboring residents requested the developer design the subdivision with interfacing lots that are of a similar size.to the County subdivision and that the interfacing lots have units of no more than one story in height. It is stated in the letter that the developer has not contacted the SPOA since the meeting,of September 7, 2004, regarding this matter. Staff notes the Planning Commission recently required the developer of Tentative Tract No. 5310, which abuts this same County subdivision, to decrease the number of proposed lots so that lot sizes are more compatible with the lots sizes of the County subdivision. Based on the above, staff requests that the Planning Commission make a determination as regards this developer's obligation to develop new lots compatible with an adjacent existing subdivision, even though the new project is being developed consistent with the 2025 Fresno General Plan. '` REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5284/UGM October 6, 2004 Page 7 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed.subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in. the subdivision development (Finding No. 6 below): 1. The proposed subdivision map, together with its design and improvements, is consistent with. the City's 2025 General Plan (there is not an applicable specific plan), because the Roosevelt Community Plan designates the site for medium-low density residential 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 ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure 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. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action on the proposed tentative tract map, unless appealed to the City Council, is final. 'REPORT TO THE PLANNING —OMMISSION Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 8 - State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated June 8, 2004, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system. CONCLUSION/RECOMMENDATION Staff recommends the Planning Commission take the following action:. 1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental Assessment No. R-04-25/T-5294 dated August 9, 2004, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-25 to rezone the subject property from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5294/UGM subject to compliance with the Conditions of Approval dated October 6, 2004. KACommonWaster Files-2004VREZONE\R-04-025,T-5294\R-04-25,T-5294 PC Rpt 10-&04.doc Attachments: Vicinity Map Vesting Tentative Tract Map No. 5294/UGM dated June 7, 2004 Conditions of Approval for T-5294/UGM dated October 6, 2004, including letters from Fresno Metropolitan Flood Control District(7-2-04), Fresno Irrigation District (6-22-04), Sanger Unified School District (6-21-04), San Joaquin Valley Air Pollution Control .District (6-16-04), Department of Community Health (6-14-04), Solid Waste Division (7-7-04), and Parks, Recreation and Community Services (6-18-04) Caltrans memorandum dated June 8, 2004 Letter from the Sunnyside Property Owners Association dated September 27, 2004 Environmental Assessment No. R-04-25/T-5294, Finding of Conformity to 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004 w I � • ° y'^°� .v.l 7 fig!; .°�., � �' �} � r kk n�� •, 3 r t v t ULM �` � p� � [n r�kk '�>:� �g" - .,a�'lA��e4 �.,,r r :4µ4 :f+•d ��e"i��J�� ,It�aJ"�. of :R.P� ,B`�•Cr0 3. 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The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management(UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project. applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval or conditional approval of Vesting Tentative Tract Map'No. 5294/UGM entitled "Exhibit A," dated June 7, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. Related Rezone Application No. R-04-25 shall be approved by the City Council to become effective prior to Final Map approval. 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 Planning and Development Department 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 construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 2 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 South Temperance Avenue from all residential lots which abut this street. Reference Section 12-1011-f-3 of the Fresno Municipal Code. Landscaping and Walls 10. Pursuant to the 1990 Master Multi-Purpose Trails Manual Policy Nos. 3.2.2, 3.2.3, and 4.3.1, pursuant to the 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-d, E-15-e, E-15-k, E-15-x, within the limits of the tract, the developer/owner shall construct appropriate improvements or provide appropriate security for the improvement of the entire multi-purpose trail to be constructed within the landscaped setback(noted in Condition No. 13)and public right-of-way along the westerly side of South Temperance Avenue. 11. Pursuant to Roosevelt Community Plan Policy No. 1-17.3 the developer/owner shall designate and develop at least 5 percent of the total project area for public or private open space such as lakes, community recreation,or passive open space. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi public open space within one quarter mile of the development. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6,2004 Page 3 The city is currently processing a plan amendment to the above-noted policy of the Roosevelt Community Plan to allow for the payment.of fees for open space-park purposes in lieu of the actual development of the required 5 percent open space. If this amendment is approved prior to the approval of a final map for Vesting Tentative Tract Map No. 5294, then this option would be available for this project. 12. Provide a 26-foot landscaped easement (and irrigation system) along the rear property lines of all lots which back-onto South Temperance 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. 13. Maintenance of the entire required multi-purpose trail located along South Temperance Avenue and Outlot A may be the responsibility of the City's Community Facilities District. Contact Public Works Department, Engineering Services Division staff for information regarding the City's District. The property owners shall petition. the City for annexation to the City's district prior to final map approval. 14. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 15. Should the City Council not approve the annexation of such landscape areas then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas and proposed private streets, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated. in .the- Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 16. 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. 17. Construct a 12-foot high solid masonrywall(as required by Acoustical Analysis prepared by Brown- Buntin and Associates dated May 14,2004)along the rear property lines of all lots which back onto South Temperance Avenue (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. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6,2004 Page 4 Building Setbacks 18. Building setbacks shall be in accordance with the R-1/UGM zone district standards as shown on Exhibit "A" of Tentative Tract Map No. 5294/UGM dated June 7, 2004, and the provisions of Section 12-207.5-E-1-c of the Fresno Municipal Code. Information 19. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Sanger Unified School District in accordance with the school district's adopted schedule of fees. 20. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 21. 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. 22. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 23. There is at least one pre-1954 home on the subject property with related outbuildings proposed to be removed as part of this project. The 2025 Fresno General Plan Policy No. G-11-c states that prior to issuance of a formal demolition order by the City involving structures over 50 years old, potential local historic register listing shall be reviewed by historic preservation staff. In order for historic preservation staff to complete this review,the developer shall engage an appropriate consultant to prepare a historic survey(Phase 1 reconnaissance level survey)-for-the project area. This survey shall be approved by historic preservation staff, prior to the demolition of any structures on the subject site. 24. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 5 If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 25. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section.783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will.be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment.. 26. 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. 27. Solid waste disposal for the subdivision shall be provided by the City of Fresno in accordance with the attached memorandum from the Solid Waste Division dated July 7, 2004.. PARK SERVICE 28. The developer/owner shall comply with the requirements in the attached memorandum from the Parks Division dated June 18, 2004, for Vesting Tentative Map No. 5294/UGM. Urban Growth Management Requirements 29. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 6 FIRE SERVICE` 30. This project is within 3 miles from Fire Station No. 15; however, this station is currently under construction. Until Station 15 is constructed and operational,the entire subdivision is more than three miles from .the nearest existing fire station-(Fresno County Station No. 88). As a result, all lots in the subdivision must be provided with fire sprinkler protection or meet the other options underthe UGM ordinance. Covenant agreements will be required for fire sprinklers. 31. Access is not acceptable as shown. Provide an additional point of access to the subdivision in addition.to the access points proposed at the southwesterly corner of the subdivision. There shall be at least two points of access to the subdivision during construction. 32. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 33. Parking shall not be permitted on. one side of "A" Avenue. 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 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, 8-801, and Resolution Nos. 78-522 and 88-229. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6,2004 Page 7 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 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 days from the time the streets are surfaced or as directed by the Engineer. 41. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). All required signing and striping shall be done by, and paid for, by the developer/owner. Signing and striping plans shall be prepared per current California Department of Transportation standards and shall be submitted to the Transportation Section of the Public Works Department for review and approval. 42. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Major Streets South Temperance Avenue (Expressway 43. Dedicate 55 feet of property, from section line, for public street purposes within the limits of this tract to meet City of Fresno expressway street standards. 44. Construct concrete curb, gutter (Per Public Works Standards P-5), bicycle/pedestrian/equestrian trail (Per Public Works Standards P-59, P-60, P-74 and P-75).and 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision and transitional paving as necessary. 45. Construct a 4-foot high Expressway Barrier Fence per Public Works Standards P-74 and P-75. 46. Relinquish direct vehicular access rights to South Temperance Avenue from all lots within this tract. Interior Streets 47. Design and construct concrete 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 to comply with Public Works Standards for 50 and 60 foot local streets. 48. Any dead-end streets created by this subdivision shall be properly barricaded in accordance with Pubic Works Standard P-44. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 8 Specific Requirements 49. A minimum of two points of vehicular access to the major streets,shall be provided for any phase___., _ of the development. Prior to the Council hearing on the final map for Vesting Tentative Tract Map No. 5294, identify a minimum 22-foot wide paved second point of vehicular access to either South Armstrong Avenue or East Kings Canyon Road. 50. Verify the exact location of the existing electrical tower within "B" Avenue and provide a detail identifying an unobstructed sidewalk that meets ADA requirements. 51. Install yellow flashing beacons and a school crosswalk at the intersection of Armstrong Avenue, and the most northerly alignment of Lane Avenue. Provide curb ramps on both sides of Armstrong Avenue adjacent to the sidewalk. Urban Growth Management Requirements 52. Dedicate and construct three 17-foot center section travel lanes in Temperance Avenue within the limits of the subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55-mph design speed. 53. Construct an 8-inch raised concrete median island to Public Works Standard P_-14 within the limits of the subdivision. 54. Design and construct a Major Street Bridge at the northeast corner of the subdivision where Temperance Avenue crosses the Briggs Ditch. The developer of this tract shall be responsible for no more than one-third of the total cost of the bridge. It is the intent of the Public Works Department to apply this same condition to other properties that are adjacent to or near this proposed bridge. Therefore, construction of said bridge is deferred until such time that three different project's with this same requirement are built or are under construction. The required bridge construction shall be commenced by the developer of the third project in conjunction with the other two project developer's. SANITARY SEWER SERVICE The nearest existing sewer main is a 10-inch sewersmain in South Armstrong Avenue, west of the subject property. The following conditions are required to provide sanitary sewer service to the tract. 55. Construct an 8-inch sewer main from "F" Avenue west to South Armstrong Avenue through a dedicated 50-foot public utility easement. 56. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 57. Separate sewer house branches shall be provided to each lot created within the subdivision. 58. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. r CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM .October 6, 2004 Page 9 59. A preliminary sewer design layout shall be submitted for review and Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 60. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City sewer system. 61. Abandon all existing on-site private sanitary sewer systems. Urban Growth Management Requirements 62. Sewer connection charges are due and shall be paid for the project. WATER SERVICE There is an existing 10-inch water main located in a 10-foot public utility easement at the west boundary of Vesting Tentative Tract Map No. 5294 and an 8-inch main located at the intersection of South Temperance and East Butler Avenues. The following conditions are required to provide water service to the subdivision. 63. Construct a 14-inch transmission grid water main(including installation of City fire hydrant)in South Temperance Avenue from East Butler Avenue north across the project frontage. 64. Construct an 8-inch water main from "E" Avenue through an easement to South Temperance Avenue. The easement shall be 20 feet in width to provide access for future pipeline maintenance. If the pipeline is installed inside a steel casing,then the easement width may be reduced to 10 feet. 65. Retain the existing 10-foot public utility easement for the existing 10-inch water main located at the west property line of proposed lots 1-9 of Vesting Tentative Tract Map No. 5294. 66. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a flow amount to meet a total demand of 500 gallons per minute, sufficient to serve peak water demand for the project and for fire suppression purposes,or an alternative flow amount that is acceptable to the Public Utilities Director and Fire Department Chief, (or their designees). Well sites shall be of a size and at a location acceptable to the Water Systems Manager. The cost of acquiring the well site and construction of the well shall be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with established UGM policies. 67. Water well construction shall include wellhead treatment facilities, if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fund for the area. The cost of constructing wellhead treatment facilities shall be reimbursed,from UGM Wellhead Treatment Service Area Fund 501 s, in accordance with established UGM policies. 68. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 69. Water mains (including installation of fire hydrants) shall be extended,within the proposed tract to provide water service to each lot created. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 .Page 10 70. Separate water services with meter boxes shall be provided to each lot created within the subdivision. 71. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 72. The subdivider shall pay the appropriate fee for installation of water service and/or water meters. 73. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City Water System. 74. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned.in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. Urban Growth Management Requirements 75. Payment of appropriate water connection charges at the time of Final Map approval subject to deferral'to building permit issuance as appropriate. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 76. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 77. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 78. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements: Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions: Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section,an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. . CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM i October 6, 2004 r , Page 11 The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition,including staff time,attorney's fees,appraisal fees,court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 79. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 80. 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 1.3-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated July 2, 2004. .81. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to.final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. FRESNO IRRIGATION DISTRICT 82. The developer/owner shall comply with the requirements in the letter from the Fresno Irrigation District dated June 22, 2004, for Vesting Tentative Map No. 5294/UGM. AIR QUALITY 83. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated June 16, 2004, for Vesting Tentative Map No. 5294/UGM. COMMUNITY HEALTH 84. The developer/owner shall comply with the requirements in the letter from the Fresno County Department of Community Health dated June 14, 2004. DEVELOPMENT FEES AND CHARGES 85. 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 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 12 d. Maintenance District Plan Review fee $176.00 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 Rates increased as of March 1, 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) , 1. Oversize Charge $0.05/sq. ft. (to 100-foot depth) j. Trunk Sewer Charge $344/living unit Service Area: Fowler. k. Wastewater Facilities Charge $2,119/living unit 1. 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 $6.50/1ineal foot p. Transmission Grid Main Charge $643/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $582/living unit .Service Area: 501-S S. Well Head Treatment Fee $238/living unit Service Area: 501 t. Recharge Fee $75/living unit Service Area: 501 U. 1994 Bond Debt Service $244/living unit Service Area: 501 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5294/UGM October 6,2004 Page 13 DEVELOPMENT IMPACT FEE FEE RATE V. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $605/gross acre (R-1) Service Area: 15 X. UGM Park Fee $2392/gross acre (R-1) Service.Area: 2 y. Major Street Charge $3161/adj..acre Service Area: D-1/E-2 Z. Major Street Bridge Charge $304/adj. acre Service Area: D-1/E-2 aa. Traffic Signal Charge $478/living unit bb. UGM Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge n/a KACommon\Master Files-Tract Maps\Tract 5294 Dave Braun(R-04-25)\T-5294 COA.wpd File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL.DISTRICT .NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager__. UNION COMMUNITY Planning & Development Department 111 FIFTH ST. City of Fresno GILROY, CA 95020 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5294 PRELIMINARY FEES See below DRAINAGE AREA S) " BM - DRAINAGE AREA BM " $86,912.00 DATE ��Z 0 DRAINAGE.AREA - TOTAL FEE $86,912.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the ZD California Environmental.Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay,drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated'based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plandrainage system facilities is credited against the drainage fee obligation. 5294 5469 E.OLIVE - FRESNO,CA.93727 - (559)456-3292 - FAX (559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the.excess costs from . future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed.to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 -? C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan.. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. l as "Master Plan Facilities to.be constructed by Developer". None required. 3. The following final improvement plans.shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water & Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction.of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities.until permanentservice is available. d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5294 - 5469 E. OLIVE - FRESNO, CA 93727 - (559)456-3292 - FAx (559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers �. of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants; prohibit the discharge of waters other than storm.water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during.construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre.(or less than one acre if part of.a larger common plan of development or sale).. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, oft eliminate non-storm water discharges, conduct routine site inspections,train•employees in permit compliance, and complete an..annual certification of compliance. b.. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permitit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources.Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5294 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document G FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4'of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements.of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. . 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendation requirements. erald E. Lakeman, Project Engineer: RicL o District Engineer, Assistant General Manager C: INGELS-BRAUN & ASSOCIATES 875 W. ASHLAN, STE. 102 CLOVIS, CA 93612 52W 5469 E. OLIVE - FRESNO, CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document " NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. 30" _ KINGS CANYON RD. i I ------------------ - - Lo L ` I o 0 r-----------� I ',o' I ►I 2 ► I I ` I M M M APN 313-040-55 Q Q Q I I � I• 1 I ` I II I I I II I II TRACT I 5294 I� I I I I I I i I w 1 I - I II U 18 I Z -- ------------ — ---T ---- — I . • I II I W Ld N i LANE AVE. I LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & INLET. 0--• FUTURE MASTER PLAN FACILITIES ----- DIRECTION OF DRAINAGE ------ INLET BOUNDARY SCALE i"=300' TRACT 5294 DRAINAGE AREA: "BM" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NePP 06-21-04KC\AUTOCAD\DWGS\06HIBIT\TRACTS\5294,DWG , OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. Development No. Tract 5294 engr\permit\exhibits2\tract\5294(rl) r � r '...�•� '�" OFFICES OF y � \ ATI ' ;:s►- - PHONE(559)233-7161 = — ✓^Y" FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water June 22, 2004 U 2 2 C E E D Mr.Dave Braun JUN 2 2004 City of Fresno Planning & Dev..Dept. Planning Division P Development D�� 2600 Fresno Street, 3 Floor CITY OF FRESNOFresno, CA 93721-3604 SUBJECT: Vesting Tentative Map of Tract No. 5294/UGM RA No. R-04-25 Dear Mr. Braun, FID's comments and requests are as follows: 1. FID does not own, operate, or maintain any facilities located on the applicant's property. 2. FID does not have records indicating the age of or the materials used for the culvert located south of Kings Canyon on Temperance Avenue. Should any street or intersection improvements be necessary FID recommends the culvert be replaced as part of the subject project. 3. FID requests that it be made a party to signing all plans that affect its easement and canal/pipeline facilities. 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 sadamsQfresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT Selina Adams Engineering Assistant File\Agencies\Fresno\VTfM 5294 UGM RA No.R-04-25 r. } SANGER UNIFIED SCHOOL DISTRICT 1905 7thSTREET•SANGER,CALIFORNIIA 93657•(559)875-6521 /237-3171 FAX 875-0311 ASSOCIATE SUPERINTENDENTS Michael Giovannetti,Ed.D.•Marc Johnson•Lloyd Kuhn lose .. June 21,=2004 FED JUN 2 2 200 Dave Braun Planning Division City of Fresno,Planning&Development Department nt Department Development 2600 Fresno Street,Third Floor OiTP e FREE epN0. Fresno, CA 93721-3604 RE:Vesting Tentative Tract 5294,R-04-25 Dear Mr.Braun:. In response to the request for comments on the referenced project, the District submits the following information: Schools that presently serve the proposed project are John Wash School (K-6), Washington Academic Middle School (7-8), and Sanger High School (9-12). Please be advised that with the District's increasing enrollment,there is no guarantee that students generated by the project will be served by the listed schools. If a school is overcrowded at one or more grade levels, students who would otherwise attend that school may be transferred to another school. In accordance with Section 65995(b)of the California Government Code,the maximum development fees that a school can charge are currently $2.14 per square foot for residential development. The current fee of$2.14 per square for residential development is not sufficient to cover the full cost of providing school .facilities to students from new residential development. We anticipate that the fee will be increased effective July 1,2004. For the construction of new facilities,the District must seek funding from the State of California Office of Public School Construction. Funding is based on the District's eligibility status at the time.of application and is dependent upon the availability of State Building Funds. If you have any questions please feel free to contact me at(559) 875-6521. Sincerely, Richard Sepulveda Director of Support Services . ,'ATradithn of Exc& ce" Trustees: Pete Filippi Jim Gonzalez Paul Hernandez Jim Kane Ken Marcantonio Steve Mulligan Jesse Vasquez Via, San Joaquin Valley Air Pollution Control District June 16, 2004 Reference No.401 EV2004 Dave Braun City of Fresno Planning & Development 2600 Fresno St., Third Floor Fresno, CA 93721-3604 J U N 17 2004 Planning Division Subject: T-5294, R-04-25 (APN 313-040-13) Development Department CITY OF FRESNO . Dear Mr. Braun: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: . The entire San Joaquin Valley Air basin is-classified non-attainment for ozone.and.fine.particulate matter (PM10). This project would contribute to the overall decline in .air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions,: the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the . San Joaquin Valley. A concerted effort should be made to reduce project-related emissions.as outlined. below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce.emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. 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. As a development with a density greater than two dwelling units per acre, this subdivision may not install any open-hearth fireplaces or other wood burning fireplace as defined in Rule 4901. Only 2 EPA Phase II Certified wood burning heaters may be installed per acre of development, or a total of 40 wood burning heaters. There are no restrictions on gaseous-fueled fireplaces. More information about Rule 4901 can be found at our website-www.valleyair.oro. Mr. Braun June 16, 2004 T-5294, R-04-25 Page 2 District Regulation VIII (Fugitive PM10 Prohibitions) Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A construction assistance bulletin has been enclosed for the applicant. Please be advised that the District is currently amending Regulation VIII and anticipates implementing revised requirements on or about October 1, 2004. If construction were to commence on or after October 1, 2004, the applicant should contact the District to determine where requirements may have changed and how rule changes may.-affect the . project. District _Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving .and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.. . 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. District Rule 4102 (Nuisance) applies to any source operation that emits or. may emit 'air contaminants or other materials. In the event that the project creates a public nuisance, it could be in violation and be subject to District enforcement action. The District encourages innovation in measures to reduce air quality impacts. There are a number of. measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City, development standards. Any measure selected should be .implemented to ,the extent possible.) The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the buildings from 'energy consuming environmental conditions, and to shade paved areas. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.or-q http://wcufre.ucdavis.edu . http://www.lgc.org/bookstore/energv/downloads/siv_tree guidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shelters. Appropriations made.to facilitate public or mass transit will help mitigate trips generated by the project. • '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.) Mr. Braun June 16,2004 T-5294, R-04-25 Page 3 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. Specifically: Walkways should be installed to direct pedestrians from the interior of the project to the street sidewalk on S. Temperance Avenue: A possible location for a walkway is between lots 27 and 26. . • As many energy-conserving features as possible should be included in the design/construction of the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or Low-E) High-albedo (reflecting) roofing material. See http://eetd.Ibl.gov/coolroot/ Cool Paving. See'http://www.harc.edu/harc/Projects/CoolHouston/, http://eande.Ibl.gov/heatisland/ Radiant heat barrier.. See http://www.eere.eneray.gov/consumerinfo/refbtiefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostats for all heating and cooling systems - 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. (e.g. natural convection, thermal flywheels) See http:Hwww.eere.energy.gov/RE/solar-passive.htmI - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.or_q - Electrical outlets around the exterior of the. units to encourage use of electric landscape maintenance equipment - Pre-wire the units 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.consumerenergyicenter.org/index.htmI http://www.ciwmb.ca.gov/GreenBuilding/ • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited, to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • 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. . . Mr. Braun June 16, 2004 T-5294, R-04-25 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: 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 230-5835 or Mr. Hector R. Guerra, Senior Air Quality Planner, 230-5820 and provide the reference number at the top of this letter.. Sincerely, bzl Chrystal Meier CEQA Commenter Central Region Enclosures c:file T .. . co .. Human Services System Department of Community Health Brad Maggy, Director O 5 18 6 Adult.Services Department ' •� Children &Family Services Department S� 12 Employment& Temporary Assistance Department FCD June 14, 2004 999999999 L00009342 JUN 2 1 2004 PE 2602 David Braun Planning Division City of Fresno Development Department Development Department CITY OF FRESNO 2600 Fresno Street Fresno, CA 93721 Dear Mr. Braun: PROJECT NUMBER: T-5294/R-04-025 PROJECT.DESCRIPTION AND LOCATION: An 84-lot single-family residential subdivision with one outlot, rezoning from AE-20/UGM to R-1/UGM on 20 acres located on the West side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. • Improper abandonment or destruction of water wells could adversely impact groundwater quality. • The project has the potential to exposes people to noise levels in excess of standards established in the Noise Element of the General Plan and the City of Fresno Noise Ordinance. PLEASE LIST SPECIFIC MITIGATION MEAUSRES THAT YOU WOULD RECOMMEND AS CONDITION. nF PRO JEI-T APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. • 1 have reviewed the Acoustical Analysis prepared by Brown-Buntin Associates, Inc. dated May 14, 2004 and concur with the proposed mitigation measures contained therein. While it was not specified in the Conclusions and Recommendations, the report clearly states that a second story on residences constructed on lots 26-34 (presumably lots 25-33 of the revised map) may not achieve compliance with the City of Fresno's Noise Ordinance, and further evaluation would be necessary if the applicant proposed such a use. It is recommended a mitigation be included limiting 1221 Fulton Mall/P.O. Box 11867/Fresno, California 93.775/(559)445-3357/FAX (559)4453379 Rniml F.—In—ent Onn—t-ity•Affirmative An inn•ni-hi-i F—Inver David Braun T-5294/R-04-025 June 14, 2004 Page 2 of 3 these lots to single story residences only, or further environmental evaluation prior to closure of the.lnitial Study. • Construction permits for the 84-lot residential subdivision should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. • Construction permits for the 84-lot residential subdivision should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management (DDWEM). For more information call (559) 447-3300. • The Fresno County Department of Community Health is concerned that abandoned water wells are not being properly destroyed, particularly with respect to new development projects. As city boundaries expand, community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents.a significant risk of contaminating the city's community water supply. For this reason, when development occurs, it is extremely important to ensure the safe and proper destruction of all abandoned water wells. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. `The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Community Health is available. to provide consultation in cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water Surveillance Program, at (559) 445-3357 for more information. [ ] AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. David Braun T-5294/R-04=025 June 14, 2004 Page 3 of 3 [X] A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. -- [ ] NEITHER OF THE ABOVE, INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: Kathleen Boyer, Environmental Health Specialist III (559) 445-3357 kb cc: Ed Yamamoto, Environmental Health System T-5294 R-04-025 Union Community Holdings . C; i ♦ ' City of Department of Public Utilities Solid Waste Division 1325 E.,EI Dorado Fresno, California 93706-2014 (559) 621-1452 www.fresno_gov July 7, 2004 TO: Dave Braun, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations�,� Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistan Department of Public Utilities, Solid Waste Division SUBJECT: TT 5294, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting' Tentative.Tract Map 5294, which was submitted by Ingels-Braun &Associates. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5294 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: l Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain'at the curbline after 8:00 p.m. on.the collection day. JAConditions of Approval_TT5294.w.pd PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Dave Braun Planner III Planning Division - FROM: HILARY KIMBER, Parks Supervisor H(621-2924) DATE: June 18,-2004 Subject: Tentative Subdivision Map T-5294 (Located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road) The Parks Department has reviewed the Vesting Tentative Subdivision Map Tract No. 5294drawn by Ingals-Braun &Associates for Union Community Holdings dated 12/22/03. Parks offers the following comments regarding the street tree, and buffer/parkway strip conditions . . . STREET TREEREQUIREMENTS A. Street trees are required on all internal streets. Tree planting shall be within a 10' Planting and Public . Utility Easement. The Developer shall plant street trees. Tree species to be planted on those streets are as.follows: E. "A"Ave. Platanus 'Columbia'(Columbia Sycamore) E. `B"Ave. Sapium sebiferum (Chinese Tallow) E. "C"Ave. Celtis australis(European Hackberry) E. "F" Ave. Fraxinus `Autumn Applause' (Autumn Applause Ash) S. "D":Ave. Pistacia ch.inensis(Chinese Pistache) S. "E" Ave. Nyssa sylvatica (Black Tupelo) S. Temperance Ave Quercus virginiana (Southern Live Oak) B.. Street Tree Planting by.Developer: For.those lots havin.g..internal.street tree frontage available for street tree planting,the developer shall plant one tree for each 60'of street frontage, or one tree per lot having,street.frontage, whichever is greater.. a: .Street tree inspection fees shall be collected for each 60of public or one tree per lot whichever is greater. b. Trees shall be planted in accordance with"Specifications for Developer Street Tree Planting." The developer shall contact Parks to.determine tree species required on each street. c... Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Parks,Recreation and Community Services Department. A street tree planting permit shall be required for all.residential street tree planting. d. Performance and payment securities, paid with,final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with Parks Division's planting specifications.and meets,the specifications of the city. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty-and warranty of the work for a period of ninety days following acceptance. Parkc Ror•raalinn R r'nm me- F Parks,Recreation&Community Services June 118,2004 T-5294 Page.2 DEVELOPER PLANTING FOR COMMUNITY FACILITIES DISTRICT a C. The developer may landscape for inclusion auto the,Community Facilities District(CFD2), the landscape strip and right-of-way on the west side of S. Temperance Ave. 1. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks, Recreation and Community Services.Department. Landscaping shall comply with Landscape Buffer Development Standards approved by the City`Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N=23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping passed by Council on September 20, 1994. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. I .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 Y 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.. - d. 4: The water.meter(s) serving the buffer:landscapang 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 pf 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. T. Street trees designated for this project.shall.be: S. Temperance Ave. Quercus virginiana (Southern Live Oak) UGM REQUIREMENTS F. The project is in UGM.Zone#.2..Please assure that all Parks UG fees are collected as allowed by FMC. The nearest regional park to the site is Roeding Park. The nearest neighborhood park is located at E. Butler and S.Villa Avenues. The nearest neighborhood park scheduled to be.constructed located at S. Fowler and E. Tulare Avenues. This is consistent with the Parks.Master Plan. FEES ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1... Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage.. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer.-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential.development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. .�Cr+ Lu U� U4_ 1 /r+ `fZ3J'.JU IZ) P. Vol-, FROPERTT OWNERS ASSOCIATION Sunnyside-Fresno's Secret Garden September 27, 2004 Lee Biand, Chairman Fresno City Planning Commission - 2600 Fresno Street.: Fresno, California 93721 ATT: Mr.BrandRE:Tract Map No.5294/UGM-Rezone App.R-04-25 On September 7`", representatives of the Sunnyside Property Owners Association(SPOA)and the neighbors to-the south of the proposed tract map met with Jeff Calloway, of Ingels-Braun & Associates regarding vesting tentative tract map No. 5294. We discussed several concerns voiced by the neighbors and asked that the following conditions be placed on the project: 1) ;Limit the houses that backup to existing residences to one story only. 2) Prohibit roof mounted air conditioning units: 3) Limit interfacing lots to a compatible size and number. 4)' Limit planned access at McKelvey and Lane. 5) Site houses.to face the planned open space within the subdivision. It was our hope that we could work with the developer to mitigate these concerns prior to the Planning Commission, but to this date we have not been contacted by.the developer. Developers of similar subdivisions have worked together with SPOA representatives and neighbors to mitigate most of the concerns regarding new subdivisions within the Sunnyside boundaries. Language in both the Roosevelt Community Plan (RCP) and the 2025 General Plan (GP) support similar interfacing lots. Goal 1-7 of the RCP calls for the "establishment and maintenance of safe, attractive and stable residential neighborhoods with compatible relationships between housing types and densities." To implement this goal "the following design standards and guidelines should be applied to all development proposed within areas designated for low, medium-low or medium density use":Policy 1-7.1 (a)"Arrange lotpatterns and sizes to maintain compatibility with surrounding uses and improvements (either existing or planned), and to facilitate the development ofadiacent parcels with similar lotting patterns." Policy C-2 (e) of the recently adopted GP reinforces the.RCP intent, "Apply development standards and design strategies to accommodate expanded and appropriately intensified residential development within the eastern quadrant of the community that ensure existing neighborhoods are respected.,and enhanced. " r C. E �y 20044 =: } J c': PIp,NNINCi AN ti P.O. Box 8096 • Fresno.CA 9374.7-8096 • Ph. (559) 255-1357 'CITY.OF FRESNO-- ENVIRONMENTAL ASSESSMENT% INITIAL-STUDY FINDING OF,.CONFORMITY/..MEIR NO. 10130-,, - � R E C PIV F"D Pursuant to Section 21157.1 of the`Califomia Pul)lc Iesources;Code DATE RECEIVED FOR FILING: ' (California Environmental Quality Act) the project des"cribed belowis 2094 AUG -9 -PM 2: 47 determined to be within the scope-of the Master Environmental Impact Report (MEIR)'No. ,10130 prepared for the 2025'Fresno General Plan. CITY CLERK, FRESNO Initial study is on file in the Planning and Development Department; City Hall,-260.0 Fresno Street, Fresno, California 93721 Applicant: Initial Study Prepared By: Union Community Holdings LLC' David Braun , Planner III 111 Fifth Street. , t August 9;2004 1 .y Gilroy, Californiax 95020° a . Environmental`Assessment Number:', Project Location (including,APN): Rezone`Application!No:-R-04-25 - The west side of�South Temperance Avenue between:- East etween:East Kings Canyon Road and East Butler Avenue Vesting Tentative-,Tract'Map No. 5294/UGM (APN: 313-040-13) Project Description:-` r , Rezone Application No. R-04-25 proposes to rezone approximately 20 acres of property located on the west side of South Temperance Avenue between'East Butler Avenue and East Kings Canyon Road from:the AE-20/UGM (Exclusive•Twenty.Acre-Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family' Residential/Urban Growth Management)zone district. Vesting Tentative Tract Map No. 5294/UGM is proposing to subdivide the subject property into 83 single family residential lots at a density of 4.2 dwelling units per acre. The property is within the jurisdictions of the Roosevelt Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium low density residential planned land use (2.19 to 4.98 units per acre). The subject site,is currently vacant and is surrounded by rural residential development and a county subdivision to the south. Conformance to Master Environmental Impact Report (MEIR No. 10130): As previously indicated,.the recently adopted 2025 Fresno General Plan designates the subject parcel for medium low density residential planned land use. The requested. R-1/UGM zone district conforms to this medium low density residential land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District ConsistencyMatrix". The Planning.and Development Department staff has prepared arrinitial study and environmental'checklist and evaluated the requested rezoning in accordance with the land use an4brivir6nmental policies and provisions of the 2.025 Fresno General Plan and the related Master Environmental Impact Report (MSIR) No. 10130. The subject property is proposed.to be developed with single-family residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus, the rezoning will not facilitate an additional intensification of uses beyond that which already exists.or would be allowed by the above- noted planned land use designation. Moreover, it is not expected that the existing and future development, per the requested rezoning, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been Verified by the Public Works and.Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts; growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section. 151.78(a). f� .. �. '3�eu }f'F�-tY�uS�' i Hitt+�'"-".t + `p ,"s„r�tstr�.�;rsti+' .�* i•. C u �7 m 0) W 0 SO "tutq tai M1 J` i a § O >� O i ru¢ R a fa) $vj gv4i LOt l PM } d r 7 m rs' 3 s.jme r f 5% aN' Al- a a) co a O Q m �E*u�Z'K' '�•• MOR 0 0) cm Q W U W LL _+'2d' r?, •flFd�r.X .::. �2�. ;..R!i F is -�}e+ ... l; uj U m a) C C 'T N C C N C C ZQ. 0ccE 0ccE � ccE QLij , son Y ° oa Y ° con G cco y a r O W � c•c 0 � 0'ca � � �.p Q co CO CL N V � � H d m � d H d m � d H � m 0 Z o c o c o c _ LV d m m W > E —CO � > E ZZ Z 0 = o 0 ._ Z � U W ...a:.c a.c. n:c _N 22 a (1) aa) c ny .c J •— LU coos o00 coos Q � ° c03ocm 0' :� � .2 —CL oma oma O. 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Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 December 10, 2004 Please reply to: David Braun (559) 621-8038 Union Community Holdings 4820 Harwood, Suite 105 San Jose, CA 95124 Dear Sir: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING REZONE APPLICATION NO. R-04-25 AND VESTING TENTATIVE TRACT MAP NO. 5294/UGM FOR PROPERTY LOCATED ON THE WEST SIDE OF SOUTH TEMPERANCE AVENUE BETWEEN EAST BUTLER AVENUE AND'EAST KINGS CANYON ROAD The Fresno City Council conducted a duly noticed public hearing on November 30, 2004, to consider Rezone Application No. R-04-25. This application relates to the proposed development of a single family residential subdivision on a 20 acre site located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road. Following a full and complete hearing, the Council adopted Ordinance No. 2004-130, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2004-130 (enclosed) that rezones the 20 acre subject site from the AE-20/UGM (Exclusive-twenty acre agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on October 6, 2004 to consider Rezone Application No. R-04-25 and Vesting Tentative Tract Map No. 5294/UGM. The Planning Commission took action to approve the tentative tract map application and to recommend 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 Commission resolutions (Nos. 12097 and 12098) are enclosed. Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill,the rezoning 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 Tentative Tract Map No. 5294/UGM subject to the conditions noted on the tract map and the enclosed Conditions of Approval for Vesting Tentative Tract No. 5294/UGM dated October 6, 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. a 1 Rezone Application No. R-04-25 Vesting Tentative Tract Map No. 5294/UGM Page 2 December 10, 2004 Sincerely, PLANNING DIVISION David Braun Planner III KAMaster Files-2004VREZONE\R-04-025,T-5294\R-04-16-T-5294-Final Action Letter.wpd Enclosures: Ordinance Bill No. 2004-130 Planning Commission Resolution Nos. 12097 and 12098 Conditions of Approval for Tentative Tract Map No. 5294/UGM dated October 6, 2004 c: Ingels-Braun and Associates Fresno County Assessor (w/o enclosures) 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 Recorders Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY Duncan BILL NO. B-132 ORDINANCE NO. 2004-130 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-04-25 has been filed with the City of Fresno by property owner Union Community Holdings, Inc., 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 6th day of October, 2004, to consider Rezone Application No. R-04-25 and related Environmental Assessment No. R-04-25/T-5294, 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-20/UGM (Exclusive.Twenty 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 30th day of November,.2004, received the recommendation of the Planning Commission. ,�ldoPrrd � G' d 11 c o Ordinance Amending the Official Zone Map Rezone No. R-04-25 November 30, 2004 Page 2 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial.evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Environmental Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004, prepared for Environmental Assessment No. R-04-25/T-5294. Accordingly, Environmental Assessment No. R-04-25/T-5294 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing medium-low density residential land use designation of the 2025 Fresno General Plan and Roosevelt 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-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Managemeno to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district: The south half of the northeast quarter of the northeast quarter of Section 10, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof. Also a right-of-way for the conveyance of waters through that certain pipe line running from the main canal, which pipe line is located over and across the easterly 5 feet of the north half of the northeast quarter of the northeast quarter of said Section 10, and being adjacent to Temperance Avenue, together with the right to enter upon said land for the repair and maintenance of said pipe line. Ordinance Amending the Official Zone Map Rezone No. R-04-25 November 30, 2004 Page 3 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 30th day of November , 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 CANTO MONTOY City ney B Deputy Rezone Application No. R-04-25 Filed by Union Community Holdings Assessor's Parcel No. 313-040-13 KACommon\Master Files-2004\'REZONE\R-04-025,T-5294\R-04-25 CC Ord Bill.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12097 The Fresno City Planning Commission, at its regular meeting on October 6, 2004, adopted the following resolution relating to Rezone Application No. R-04-25. WHEREAS, Rezone Application No. R-04-25 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-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district APPLICANT: Union Community Holdings LOCATION: West side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road APN: 313-040-13 LEGAL DESCRIPTION: Real property in the City of Fresno, County of Fresno, State of California, described as follows: The south half of the northeast quarter of the northeast quarter of Section 10, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof. Also a right-of-way for the conveyance of waters through that certain pipe line running from the main canal, which pipe line is located over and across the easterly 5 feet of the north half of the northeast quarter of the northeast quarter of said Section 10, and being adjacent to Temperance Avenue, together with the right to enter upon said land for the repair and maintenance of said pipe line. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed 83-lot single-family residential subdivision; and, WHEREAS, the Roosevelt Community Plan Advisory Committee reviewed and recommended approval of Rezone Application No. R-04-25 on June 28, 2004, by a vote of 4 to 0; and, WHEREAS, the Fresno City Planning Commission on October 6, 2004, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the October 6, 2004, hearing the Commission received a staff report and related information, environmental documents, and considered testimony regarding the requested zoning change. Planning Commission Resolution No. 12097 Rezone Application No. R-04-25 October 6, 2004 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-04-25 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 dated August 9, 2004, prepared for Environmental Assessment No. R-04-25/T-5294. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes - DiBuduo, Kissler, Vang, Brand Noes - None Not Voting - None Absent - Brown DATED: October 6, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12097 Rezone Application No. R-04-25 Filed by Union Community Holdings Action: Recommend Approval KACommon\Master Files-2004\'REZONE\R-04-025,T-5294\R-04-25-PC Reso 12097.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12098 The Fresno City Planning Commission at its regular meeting on October 6, 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. 5294/UGM was filed with the City of Fresno and proposes a 83-lot single-family residential subdivision on 20 acres of land located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road; and, WHEREAS, the Roosevelt Community Plan Advisory Committee reviewed and recommended approval of Vesting Tentative Tract Map No. 5294/UGM on June 28, 2004, by a vote of 4 to 0; 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 October 6, 2004; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 6, 2004,to review the proposed subdivision and considered the staff report and invited testimony and reviewed the requested subdivision in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, residents of the County subdivision to the south of the subject property and members of the Sunnyside Property Owners Association spoke at the Planning Commission hearing and voiced concerns related to the proposed project's interface with the existing County subdivision to the south. 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 Vesting Tentative Tract Map No. 5294/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004, prepared for Environmental Assessment No. R-04-25/T-5294. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5294/UGM, subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and Roosevelt Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5294/UGM subject to the Planning and Development Department Conditions of Approval,dated October 6, 2004, and the following addition to those conditions: 1. The tier of lots along the south boundary of the subdivision shall be redesigned in a manner that eliminates three lots in the area between proposed lots 10 and 24, and the remaining lots shall be widened to a size more compatible with the lots sizes of the County subdivision to the south. 2. The homes to be built on the tier of lots along the south boundary of the subdivision shall be limited to no more than one story in height. 3. Air conditioners shall not be permitted on the roofs of the homes constructed on the lots along the south boundary of the subdivision. 4. The subdivision shall have two points of public street access, not to include the proposed access to South McKelvey Avenue through the County subdivision to the south. Planning Commission Resolution No. 12098 Vesting Tentative Tract Map No. 5294/UGM October 6, 2004 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes - DiBuduo, Kissler, Vang, Brand Noes - None Not Voting - None Absent - Brown DATED: October 6, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12098 Vesting Tentative Tract Map No. 5294/UGM Filed by Union Community Holdings Action: Approve KACommon\Master Files-2004\'REZONE\R-04-025,T-5294TC Reso 12098-T-5294.wpd ■ City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. wi COUNCIL MEETING November 30, 2004. PR VED BY FROM: . NICK P. YOVINO, Director -- �cf� Planning and Development Departmen • EPARTMENTV ECT 4 L BY: GILBERT J. HARD, Planning Man er CITYMANAGER Planning Division SUBJECT: CONSIDERATION OF REZONE APPLI ATION NO. R-04-25 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-25/T-5294 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding of Environmental Assessment No. R-04-25/T-5294, dated August 9, 2004, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). . 2. APPROVE Rezone Application No. R-04-25 to rezone the subject property from the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management)zone district. EXECUTIVE SUMMARY Rezone Application No. R-04-25 proposes to rezone the subject property from the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management) to the R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district for 20 acres of property located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road. The applicant, Union Community Holdings, has also filed Vesting Tentative Tract Map No. 5294/UGM proposing to subdivide the subject property into an 83-lot (plus one outlot) single family residential subdivision at an overall density of 4.2 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. On October 6, 2004, the Fresno City Planning Commission recommended approval of the rezone application to the City Council. It is noted.that the Planning Commission action on Vesting Tentative Tract No. 5294/UGM is final and, therefore, no action is required by the City Council on this application. Staff is recommending approval of the rezone application. PROJECT INFORMATION PROJECT Request to rezone the project site to the R-1/UGM (Single Family ResidentiallUrban Growth Management)zone district to accommodate a proposed 83-lot (plus one outlot) single family residential subdivision on approximately 20 acres (net) of property to be developed at an overall density of 4.2 units per acre APPLICANT Union Community Holdings (Engineer: Ingels-Braun and Associates) LOCATION The west sidebf South Temperance Avenue between.East Butler Avenue-and East Kings Canyon Road (Council District 5, Councilmember Dages) j . REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 _ November 30, 2004 Page 2 SITE SIZE 20 Acres LAND USE Existing Agriculture Proposed - Single Family Residential ZONING Existing - AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) Proposed :- R-1/UGM (Single Family Residential/Urban Growth Management PLAN DESIGNATION The proposed R-1/UGM zone district and 83-lot single family residential AND CONSISTENCY subdivision are consistent with the 2025 Fresno General Plan and the Roosevelt Community Plan land use designation of the site for medium-low density (2.19 to 4.98 units per acre) residential land uses. ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MSIR No. 10103) dated August 9, 2004 PLAN COMMITTEE The Roosevelt Community Plan Advisory Committee,by a vote of RECOMMENDATION 4 to 0, recommended approval on June 28, 2004 STAFF Approve Rezone Application No. R-04-25 RECOMMENDATION PLANNING COMMISSION On October 6, 2004, the Planning Commission voted 4 to 0 (one RECOMMENDATION commissioner absent) to recommend approval of the rezone application and related environmental assessment. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium-Low Density AE-20/UGM Rural Residential North Residential Exclusive Twenty Acre Agricultural/ Urban Growth Management South Low Density Residential R-1-B (County) Single Family Residential Single Family Residential East Not in City Sphere of AE-20(County) Single Family Residential Influence Exclusive Twenty Acre Agricultural Medium-Low Density AE-20/UGM West Residential Exclusive Twenty Acre AgriculturalNacant Agricultural/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-25/T-5294 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 and is within the scope of Master Environmental Impact Report REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 November 30, 2004 Page 3 No. 10130. . Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was .properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ANALYSIS The applicant, Union Community Holdings, has filed Rezone Application No. R-04-25 and Vesting Tentative Tract Map No. 5294/UGM for 20 acres of property located on the west side of South Temperance Avenue between East Butler Avenue and East Kings Canyon Road. The rezone application is requesting a zone change from the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management) zone district to the R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district. Vesting Tentative Tract Map No. 5294/UGM is proposing to subdivide the subject property into 83 single family residential lots.to be developed at a density of 4.2 units per acre. The subdivision also includes one outlot which is proposed for open space (park) purposes. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan that updated the Roosevelt Community Plan. The updated Community Plan designates the subject property for medium-low density residential land uses. The applicant wishes to pursue development of the subject property with 83 single family homes. The requested R-1/UGM zone district conforms to the medium-low density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix." Surrounding land uses are characterized by agricultural and rural residences to the north, east, and. west. There is a single family residential development to the south, which was.developed within County unincorporated territory. Access to the subject site will be through adjacent properties to the east and/or north that ultimately will access South Armstrong Avenue and East Kings Canyon Road, which are major (collector and arterial) 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 environment impact mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in South Armstrong and South Temperance Avenues. Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed and recommended approval of Rezone Application No. R-04-25 and Vesting Tentative Tract Map No. 5294/UGM on June 28, 2004, by a vote of4to0. Fresno City Planning Commission On October 6, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to recommend approval of the rezone application by a vote of 4 to 0 with one commissioner absent. The Planning Commission also approved related Vesting Tentative Tract Map No. 5294/UGM by the same vote. The Planning Commission's action on the tentative map application is final. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 November 30, 2004 Page 4 It is noted that:at the Planning Commission hearing residents of the existing County subdivision to the south of the project as well as members of the Sunnyside Property Owners Association voiced concerns related to the proposed project's interface with the existing County subdivision. Based on these concerns the Commission added the following conditions to Vesting Tentative Tract Map No. 5294/UGM: 1: The tier of lots along the south boundary of the subdivision shall be redesigned in a manner that eliminates three lots in the area between proposed lots 10 and 24, and the remaining lots shall be widened to a size more compatible with the lots sizes of the County subdivision to.the south. 2. The homes to be built on the tier of lots along the south boundary of the subdivision shall be limited to no more than one story in height. 3. Air conditioners shall not be permitted on the roofs of the homes constructed on the lots along the south boundary of the subdivision. 4. The subdivision shall have. two points of public street access, not to include the proposed access to South McKelvey Avenue through the County subdivision to the south. Water Resources and Public Water Supply The nearest presently available water service lines are located at the west boundary of the subject property and at the intersection of South Temperance and East Butler Avenues. It has been 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 Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project cannot be entirely accommodated by the district and temporary facilities will be required. 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. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD), which is sufficient to accommodate continued planned urban development including the proposed project. It has also been determined by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project. The nearest public sanitary sewer main to serve this project is located in South Armstrong Avenue to the west of the subject property. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 November 30, 2004 Page 5 Major Street Improvements The 2025 Fresno General Plan designates South Temperance Avenue as an expressway street, requiring a 110-foot right-of-way width. The developer will be required to dedicate and construct improvements on the west side of Temperance Avenue and relinquish access rights from all adjacent lots. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract and construction of an underground street lighting system. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5294/UGM Conditions of Approval dated October 6, 2004. The developer is also required to contribute toward the design and construction of a bridge over the Briggs Ditch where it crosses Temperance Avenue at the northeasterly corner of the subdivision. The construction of the bridge will occur in the future when other properties in the area develop and similarly contribute toward the construction of the bridge. Streets and Access Points This subdivision is proposed to have one access point to the existing County unincorporated subdivision to the south that has access to Temperance and Butler Avenues. The subdivision also proposes an access point to the approved subdivision to the west (Tentative Tract Map No. 5310), which would ultimately access Armstrong Avenue. Staff is also requiring the applicant to obtain another point of vehicular access to the project, through adjacent properties, which would ultimately access either Armstrong Avenue or Kings Canyon Road. The Public Works Department Transportation Planning Section has reviewed the rezone and tentative tract map applications. 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 Temperance Avenue to the ultimate planned width. Fire Service The proposed subdivision is currently located more than three miles from the nearest existing fire station (Fresno County Station No. 88). As a result, all residences within the subdivision will be required to be equipped with fire sprinklers. The subject property is within the service area of City Fire Station No. 15, which is. currently under construction at Park Circle Drive and-Clovis Avenue and the subject property is within three miles of City Fire Station No. 15. It is noted that if Fire Station No. 15 is constructed and operational prior to the development of Tentative Tract Map No. 5294, fire sprinklers will not be required. Exposure to Power Lines The proposed subdivision abuts Pacific Gas and Electric Company high voltage transmission power lines, which traverse the project site in a northwest and southeast direction. Recently, some private and public agencies have expressed concerned regarding the possible adverse health effects on humans that may result from the electromagnetic fields generated by the flow of electricity through the high voltage transmission lines. The Environmental Protection Agency released a study document summarizing the evidence about electromagnetic fields and its effects on human health. The study found that as related to the electromagnetic fields there was only a limited understanding of how it might lead to carcinogenesis REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 November 30, 2004 Page 6 and that there was not enough knowledge to warrant a dose response assessment. The EPA decided that the evidence suggests a hazard but declined to apply a classification scheme to this kind of agent as is currently done for known hazardous chemicals. The California Department of Health Services has concurred with this judgment. Because of the lack of.clear evidence the Department of Health Services and the Public Utilities Commission have not proposed any regulation at this time. The Department of Health Services, however, does advise that city planners, school boards, and real estate developers and those who control the building codes may find themselves forced to deal with the issues of proximity to electric transmission line rights-of-way or easements. Due to the lack of regulation from the State and the Federal Governments, the California Department of Education has adopted a policy, which recommends minimum distances between new schools and the edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 kV lines, 150 feet for 220-230 kV lines, and 250 feet for 345 kV,lines. It is noted that these guidelines are not based on specific biological evidence. The city staff acknowledges that there is public concern about the possible health hazards related to the delivery of electric power and that much of the concern is based on suggestive data which, at this time, is both incomplete and inclusive. However, until.we have the necessary information, a "prudent avoidance" strategy which limits exposure when it can be done at a reasonable cost and with reasonable effort would seem appropriate. The Planning and Development Department has advised the developer of this project of the department's concern and has recommended that they voluntarily design their project to avoid or limit the exposure to the power lines until specific biological evidence is available to determine if there is a hazard. Landscaping/Walls The proposed subdivision abuts a planned expressway street (Temperance Avenue). In order to meet the Expressway Area (EA) zone district standards, the developer will be required to install 26 feet of landscaping along South Temperance Avenue. The 26-foot landscape strip will be combined with 10 feet of property within the public right-of-way between the property line and the curb to accommodate the required multi-purpose trail along Temperance Avenue. 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. The wall along Temperance Avenue shall be designed in accordance with.the acoustical analysis prepared by Brown- Buntin Associates, Inc., dated May 14, 2004, which addresses the noise impacts resulting from vehicle traffic on Temperance Avenue in this area. Open Space The developer will be required to provide at least five percent of the total project area for public or private common open space per Roosevelt Community Plan Policy No. 1-17.3. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi-public open space within one-quarter mile of this development. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-25 November 30, 2004 Page 7 The required multi-purpose trail to be constructed along Temperance Avenue within the proposed subdivision will provide. a concrete trail for pedestrians/bicyclists and a crushed rock trail for equestrians. This required trail construction will apply toward the above-noted five percent open space requirement for this project. In addition, the subdivision includes a pocket park in its design of approximately 0.43 acres and this park will also apply toward the open space requirement. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated,June 8, 2004, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system. 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 Roosevelt Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-04-25 is appropriate for the project site. DEBIIKACommon\Master Files-2004VREZONE\R-04-025,T-5294\R-04-25 Rpt to Council 11-30-04.doc Attachments: Vicinity Map Vesting Tentative Tract Map No. 5294/UGM dated June 7, 2004 Letter from Caltrans dated June 8, 2004 Environmental Assessment No. R-04-25/T-5294, Finding of Conformity to 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 9, 2004 Planning Commission Resolution-No. 12097 (Rezone) Planning Commission Resolution No. 12098 (Tentative Tract Map) Ordinance Bill City of ma-Iv DEP"TMENT OF PUBLIC UTILITIES Date: hme 15, 2004 Tv: DAVE BRAUN, Planner III Planning and Development Department, Advance Planning From: DOUG BECKER, Engineer H Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5294, R-04-25 General The subject site(approximately 20-acres) is located on the west side of South Temperance Avenue between East.Butler Avenue and East Kings Canyon Road. Vesting Tentative Tract 5294/`UGM, and Rezoning Application R-04-25, propose to create a 84-lot single-family residential subdivision with one out-lot, rezoning from AE-20/UGM to R-1/UGM. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The.project may have adverse impacts but impacts can.be mitigated without further study or are not serious enough to warrant an Environment Impact Report_ Sanitary Sewer Requirements The nearest sanitary sewer to the project is a 10-inch main located in South Armstrong Avenue. The following conditions shall be required to provide sewer service to the project: 1. Construct an 8-inch sewer main from'T" Avenue west to South Armstrong Avenue through a dedicated 50400t public utility easement. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each logit created. 3. Separate sewer house branches shall be provided for each lot created. 4. A.Preliminary sewer design layout,shall be submitted for review, and subject to Department of Public Unities approval, prior to submitting engineered improvement plans for City approval. 5. Abandon all existing on-site private sanitary sewer systems. 6. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 7'. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed addirfions to the sanitary sewer system. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Fowler 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest City of Fresno water main to the project is a 10-inch main located in 10-foot public utility easement at the west boundary of Vesting Tentative Tract 5294 and an 8-inch main located at the intersection of South Temperance and East Butler Avenues. The following water improvements shall be required prior to providing City water service to the project. 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) is South Temperance Avenue from East Butler Avenue north across the project frontage. 2. Construct a connecting 8-inch water main from,"E" Avenue, through and easement, to South Temperance Avenue. The easement shall be 20 feet in width to provide access for future pipeline maintenance. If the connecting pipeline is installed inside a steel casing, the easement width may be reduced to 10 feet. 3. Retain the existing 10-foot public:utility easement for the existing 10-inch water main located at the west property line of proposed lots 1 thru 9 of Vesting Tentative Tract 5294. 4. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 500 gallons per minute, sufficient to serve peak water demand for the project. Well site(s) shall be of a size(s) and at a location(s) acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and construction of the well(s) shall be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with established UGM policies. 5. Water well construction shall include wellhead treatment facilities, if required and provided there are insufficient funds available in the UGM Wellhead Treatment Fund of the area. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501s, in accordance with established UGM policies. 6. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 7. Separate water services with meter boxes shall be provided to each lot created. 8. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any.combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 9. Seal and abandon existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 10. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 1 11. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. I ` Water Fees The following Water Connection Charges and fees shall be paid for the project. 1. Wet-ties, water service(s), and meter(s) installations to be performed by the City Water Division. 2. Frontage Charge 3. Transmission Grid Main Charge_ 4. Transmission Grid Main Bond Dept Service Charge 5. Service Area Number: 501 s 6. UGM Water Supply Area Number: 501s City of DATE: September 7, 2004 TO: Dave Braun, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager lam' Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: Revised TT 5294, Public Works Conditions of Approval (Temperance: between Kings Canyon and Butler) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5294, which was submitted by Union Community Holdings LLC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: i 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 12-1011, 8-801 and Resolution No. 78-522/88-229. Frontage Improvement Requirements: Major Streets: South Temperance Avenue: Expressway 1. Dedicate 55' of property, from section line, for public street purposes, within the limits of this subdivision, to meet the current Expressway standards. 2. Construct concrete curb and gutter to Public Works Standard P-5. Construct.a ten (10) foot bicycle/ pedestrian trail per Public Works Standards P-59, P-60, P-74 and P-75. 3. Construct a four (4) foot Expressway Barrier Fence per Public Works Standard P-74 and P-75. 4. Construct twenty (20) feet of permanent paving within the limits of this tract and transition paving as necessary based on a 55 mph design speed. 5. Relinquish direct vehicular access rights to Temperance Avenue from all lots within this subdivision. Page 1 of 2 L:\Traffic Planning Section\Tract Maps\revised T-5294 TEMPERANCE BTwN BUTLER-KINGSCANYON.doc i Interior Streets: Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty (50) and sixty (60) foot streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 62 a.m. 184 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. Identify on the map, rior to the Council hearing, a 22' wide (min.), paved, second point of vehicular access either to Armstrong or Kings Canyon. 3. East Alta Avenue: Verify the exact location of the existing electrical tower. Provide a detail identifying an unobstructed sidewalk that meets ADA requirements. 4. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 5. Armstrong at Lane:. Install yellow flashing beacons and a school crosswalk at the intersection of Armstrong and the most northerly alignment of Lane. Provide curb ramps on both sides of Armstrong adjacent to the crosswalk. UGM Requirements: This Map is in UGM major street zone D-11E-2; therefore pay all applicable UGM fees. South Temperance Avenue: Expressway 1. Dedicate and construct three (3) 17' center section travel lanes within the limits of this subdivision. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. Details of said street shall be depicted on the approved tentative tract map. 2. Construct an 8" raised concrete median island to Public Works Standard P-14 within the limits of this subdivision. 3. Design and construct a Major Street Bridge at the northeast corner of this subdivision at Temperance and the Briggs Ditch. The developer of this tract shall be responsible for no more that one third(1/3) of the total cost. It is the intent of the Public Works Department to apply this same condition to other properties that are adjacent to or near this proposed bridge. Therefore, construction of said bridge is deferred until such time that three different projects with this same requirement are built or are under construction the required bridge construction shall be commenced by this developer in conjunction with the other two project developers. Page 2 of 2 L:\Traffic Planning Section\Tract Maps\revised T-5294 TEMPERANCE BTWN BUTLER-KINGSCANYON.doc Interior Streets: Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty (50) and sixty (60) foot streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 62 a.m. 184 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. Identify on the map, rior to the Council hearing, a 22' wide (min.), paved, second point of vehicular access either to Armstrong or Kings Canyon. 3. East Alta Avenue: Verify the exact location of the existing electrical tower. Provide a detail identifying an unobstructed sidewalk that meets ADA requirements. 4. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 5. Armstrong at Lane: Install yellow flashing beacons and a school crosswalk at the intersection of Armstrong and the most northerly alignment of Lane. Provide curb ramps on both sides of Armstrong adjacent to the crosswalk. UGM Requirements: This Map is in UGM major street zone D-1/E-2; therefore pay all applicable. UGM fees. South Temperance Avenue: Expressway 1. Dedicate and construct three (3) 17' center section travel lanes within the limits of this subdivision. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. Details of said street shall be depicted on the approved tentative tract map. 2. Construct an 8" raised concrete median island to Public Works Standard P-14 within the limits of this subdivision. 3. Design and construct a Major Street Bridge at the northeast corner of this subdivision at Temperance and the Briggs Ditch. The developer of this tract shall be responsible for no more that one third(1/3) of the total cost. It is the intent of the Public Works Department to apply this same condition to other properties that are adjacent to or near this proposed bridge. Therefore at such time that three different projects with this same requirement are built or are under construction the required bridge construction shall be commenced by this developer in conjunction with the other two project developers. 0 Page 2 of 2 LATraffic Planning Section\Tract Maps\revised T-5294 TEMPERANCE BTWN BUTLER-KINGSCANYON.doc • STATE OF CALIFORNIA—BUSINESS.TRANSPORT! '4 AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govcrnor DEPARTMENT OF TRANSPORTATION 1352 P.O. 12616 L=AVENUE ri1 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 AUG 17 2004 Flex your power! Be energy e TTY (559)488-4066 fficient! I fanrlisig Division rD,. eent i ��aartm®n. August 12, 2004 2131-IGR/CEQA 6-FRE-180-65.6+/- R-04-25 & T-5294 UNION COMMUNITY HOLDINGS, INC. Mr. David Braun City of Fresno Development Dopartment 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Braun: Caltrans notes that on August 11, 2004 the City published a "Notice of Environmental Finding" for the above-named project. Caltrans made comments on this project in a letter dated June 8, 2004 (copy enclosed). It is our understanding that this project is scheduled to go before the Planning Commission on September 1, 2004. Please ensure that our letter is included in the staff report. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send co-, of the staff reportt-) to Caltn ng -rior to ?ry sched�t led he--;-s for V.l .. _ t.. .> .. ...a 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: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" City of DATE: July 2, 2004 TO: Dave Braun, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Engineering Division ✓ . FROM: Louise Monroe, Supervising Engineering Technician Public Works Department, Engineering Division, Traffic Planning Section REZONE APPLICATION NO. R-04-025 OWNER (S): Union Community Holdings LLC APN (S): 313-040-13 FROM: AE-20/UGM TO: R-1/UGM LOCATION: Temperance: between Butler and Kings Canyon Comments/Concerns: 1. Trip Generation a. Existing: 10 Vehicle Trips per Day (VTD) b. Proposed: 794 Vehicle Trips per Day (VTD) AM Total Peak: 62 Trips PM Total Peak: 84 Trips 2. Highway Capacity a. Temperance Avenue: Expressway 1. Existing Lanes: 2 lanes undivided 13,000 VTD 2. Year Counted: 2002 / north of Butler a. northbound 829 VTD b. southbound 1012 VTD 3. Projected Lanes: 6 lanes divided 56,000 VTD Note: The City of Fresno's current records are either out of date or not existing at this location. In an effort to get a better understanding of traffic impacts due to the development of this property at the requested zoning, the owner/developer,shall provide the City of Fresno's Traffic Planning Section with a 24 hour volume count report. The report shall show the actual "raw" count taken on a Tuesday, Wednesday or Thursday. Holidays are to be excluded.. (Counts cannot be taken during any given week containing a federal holiday.) Contact Public Works, Traffic Planning, at (559) 621-8600, for additional information and Engineering Services at (559) 621-8690 for Street Work Permit requirements. 3. Traffic Impact Study (TIS) required: Ye6/ No Page 1 of 1 CALouise\R EZON E\R-04-025.doc T Street Name Review 2nd review TM-5294 5-3-05 Street Name Status Required Change East Kings Canyon Road Good "A"Avenue Chane East Montecito Avenue _ "B"Avenue Chane East Alta Avenue "C"Avenue Chane East Raco Avenue T"Avenue Chane East Lane Avenue East Lane Avenue Good East Butler Avenue Good South McKelvy Avenue Chan' a South McKelveyAvenue "D"Avenue Chane South McKelvey Avenue "G"Avenue Chane South Dee Ann Avenue "E"Avenue Chane South Clover Avenue South Temperance Avenue Good