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HomeMy WebLinkAboutT-5295 - Conditions of Approval - 3/17/2005 City ofa FILE COPY a r"F'1C:=■C V4& T=g29� P#4s-^ / Planning and Development Department 2600 Fresno Street * Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 July 8, 2004 Please reply to: Mike Sanchez Sunnyside Ranch Estates, LLC (559) 621-8040 299 East Lester Avenue Fresno, California 93720 Dear Sir: SUBJECT: FINAL ACTION BY THE FRESNO CITY COUNCIL AND FRESNO CITY PLANNING COMMISSION REGARDING PLAN AMENDMENT APPLICATION NO.A-03-22,REZONE APPLICATION NOS - - AND R-03-84 AND VESTING TENTATIVE TRACT MAPS NOS. T-5258 AND T-5295 OR PROPERTY LOCATED ON THE WEST SIDE OF SOUTH CLOVIS A ETWEEN THE UNION PACIFIC RAILROAD AND THE EAST CHURCH AVENUE ALIGNMENT The Fresno City Council conducted a duly noticed public hearing on June 29, 2004, to consider Plan Amendment Application No.A-03-22,Rezone Application Nos.R-03-69 and R-03-84. These applications relate to the proposed development of two single family subdivisions as requested by Vesting Tentative Tract Map Nos. T-5258 and T-5295 for 103 acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad and the East Church Avenue alignment. Following a full and complete hearing,the Council adopted Resolution No.2004-228 and Ordinance Nos.2004-65 and 2004- 66, relating to the above applications as follows: 1. ADOPTED Resolution No. 2004-228 (enclosed) that amends the 2025 Fresno General Plan and Roosevelt Community Plan for a 22-acre portion of the subject property from the office commercial (12 acres) and neighborhood commercial (10 acres) land use designations to the medium density residential land use designation. 2. ADOPTED Ordinance Bill No. 2004-65 (enclosed)that rezones a 70-acre portion of the subject property from the AE-5 .(Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban.Growth Management)zone districts to the R-1/cz (Single Family Residentiallconditional zoning) and R-1/UGM/cz (Single Family Residential/Urban Growth ManagemenUconditional zoning) zone districts. 3. ADOPTED Ordinance Bili No. 2004-66 (enclosed)that rezones a 26-acre portion of the subject property from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone districts to R-1/cz (Single Family Residential/conditional zoning) and R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditional zoning)zone districts. Please be advised that the Ordinance Bills shall become effective and in full force at 12:01 a.m., thirty- one days after its passage. The Fresno City Planning Commission previously conducted a duly noticed public hearing on June 16, 2004, to consider Plan Amendment No. A-03-22, Rezone Application Nos. R-03-69 and R-03-84 and Vesting Tentative Tract Maps Nos. T-5258 and T-5295. The Planning Commission recommended approval to the City Council regarding Plan Amendment No.R-03-22(Commission Resolution No. 12033) f Sunnyside Ranch Estates, LLC Plan Amendment No. A-03-22 Rezone Application Nos. R-03-69, R-03-84 Vesting Tentative Tract Map Nos.T-5258, T-5295 Page 2 July 8, 2004 Rezone Application No. R-03-69(Commission Resolution No. 12034),and Rezone Application No. R-03- 84 (Commission Resolution No. 12036). The Planning Commission also approved Vesting Tentative Tract Map Nos. T-5258 (Commission Resolution No. 12035) and T-5295 (Commission Resolution No. 12037). No council action is required on the vesting tentative tract maps since no appeal was filed. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. . Sincerely, PLANNING DIVISION Mike Sanchez, Planner III KAMaster Files-2003\—PLAN AMENDMENTSW-03-22,R-03-69,84,T-5295,T-5258(Ailanjian)—MS\Final Action Lettermpd Enclosures: Resolution No. 2004-228 Ordinance Bill No-2004-65 Ordinance Bill No. 2004-66 c: Fresno County Assessor Ingels-Braun and Associates McMillin Homes r w RESOLUTION NO. 2004-228 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE 2025 FRESNO GENERAL PLAN AND THE ROOSEVELT COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. A-03-22) WHEREAS, on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan which correspondingly updated the 1992 Roosevelt Community Plan and by Resolution No. 2002-378 certified Master Environmental Impact Report Nc. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; and, WHEREAS, Sunnyside Ranch filed an application to amend the land use designation of the aforementioned plans from the office commercial planned land use designation (12.0 acres) and the neighborhood Commercial planned land use (10.0 acres)to the medium density residential planned land use designation for approximately 26 acres of property located on the northwest and southwest corners of South Clovis and East Church Avenues; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing of a mitigated negative declaration; and, WHEREAS, on June 16, 2004, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No. A-03-22 and associated mitigated negative declaration for Environmental Assessment No. A-03-22/R-03-69/R-03-84/T-5258/T-5295; and, WHEREAS, the Planning Commission took action, as evidenced in Planning Commission Resolution No. 12033, to recommend approval of the mitigated negative declaration for Environmental Assessment No. A-03 22/:R-03-69/R-03-84/T-5258/T-5295 dated May 12, 2004; and, WHEREAS, the Fresno City Plann'ng Commission also took action, as evidenced in Planning Commission Resolution No. 12033, to recommend approval of Plan Amendment Application No. A-03-22, which would amend the planned land use designation for the subject site from the office commercial designation (12.0 acres) and neighborhood commercial (10 acres) to the medium density residential designation; and, Resolution No. 2oo4-228 Plan Amendment Application No. A-03-22 Page 2 WHEREAS, on June 22, 2004, the Fresno City Council held a public hearing to consider Plan Amendment Application No. A-03-22 and received both oral testimony and written information presented at the hearing regarding Plan Amendment Application No. A-03-22. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Council finds that there is no substantial evidence in the record that Plan Amendment Application No. A-03-22 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated May 12, 2004. 2. The Council finds the adoption of the proposed plan amendment as recommended by the Planning Commission is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-03-22 amending the land use designation of the 2025 Fresno General Plan and Roosevelt Community Plan from the office commercial planned land use designation (12 acres) and Neighborhood commercial planned land use designation (10 acres) to the medium density residential planned land use designation as depicted on Exhibit A, attached hereto and incorporated herein by reference. i L- CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the g9th day of June , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH City Clerk By: xv, L APPROVED AS TO FORM HILDA CANTO MONTOY City Attorney By �„ �-�s Plan Amendment Application No. A-03-22 beputy M Filed by Sunnyside Ranch Parcel Nos. 481-040-02, 07, 11 K:\Common\Master Files-2003\-PLAN AMENDMENTS\A-03-22, R-03-69,84,T-5295, T-5258(Ailanjian)-- MS\A-03-22-C CResolution.wpd r v EXHIBIT A W(� . •ti •• omvf so+mr+ ' 1.11w ocat c n i _ (( ■ n n w ■ • ■ w w p ' w� alwa Yt. V � rC atd/!ON _ 'VE., AE 2QIUG11 • AE-5 f� ' a E CALIFORNIA ,a A 1 C WART - tt.. AE-5 +f,rrTT AM .. w z / C-2AXW AE-5�/� AE-5 �� f� E CHURCH17,' �f I LEGEND PROJECT BOUNDARY / // PLAN AMENDMENT NO.A-03-072 REZONE APPLICATION NO.R-03-084 � �/From Office and Neighborhood Comm. From AE-5 and AE-5/UGM WWI' Med.Density Resid. to R-1 and R-1/UGM VICU" TV 31" PLAINNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-022 N DEPARTMENT From Office and Neighborhood Comm.to Med.Density Resid. / A.P.N.: 481-040-02.07 11 REZONE APPLICATION NO.R-03-084 E From AE-5 and AE-5/UGM to R-1 and R•1/UGM %I ZONE MAP: 2555.2655 West of Clovis Ave.btwn California and Church Aves. NOT TO SCALE BYIDATE: 4.5.1 1-22-04 r Recording Requested by. City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY Duncan BILL NO. B-65 ORDINANCE NO. ?nn4-r,5 AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-69 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 16th day of June, 2004, to consider Rezone Application No. R-03-069 and related Environmental Assessment No. A-03-22/ R-03-69/R-03-84/T-5258fT-5295, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre AgriculturalJUrban Growth Management) zone district to the R-1 (Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and, 6/a 9 104 v l ri.4 - 5 r Ordinance Amending Official Zone Map Rezone Application No. R-03-69 Page 2 WHEREAS, on June 16, 2004, the Fresno City Planning Commission through Resolution No. 12034 recommended approval of Rezone Application No. R-03-69 as described above; and, WHEREAS, the Council of the City of Fresno, on the 22nd day of June, 2004, received the recommendation of the Planning Commission and concurs therewith. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. A-03-22/R-03-69/R-03-84/T-5258/T-5295 dated May 12, 2004, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1 and R-1/UGM zone districts are consistent with the proposed medium low density residential and medium density residential land use designations of the 2025 Fresno General Plan and the 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-5 (Exclusive Five Acre Agricu/turan and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone districts to the R-1 (Single Family Residentiao and R-1/UGM (Single Family Residential/Urban Growth Management) zone districts: From AE-5 and AE-5 to R-1 and R-1/UGM: All that portion of the North half of the Northeast quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, lying North and East of Fancher Creek. F Ordinance Amending Official Zone Map Rezone Application No. R-03-69 Page 3 Excepting therefrom the North 30 feet of said Section conveyed to Pacific Improvement Company, a corporation, by deed recorded in Book 65 page 76 of Deeds. Also excepting therefrom that portion conveyed to the Southern Pacific Railroad Company, a corporation, by deed recorded June 27, 1889 in Book 97 Page 237 of Deeds. Also excepting therefrom; the South 620 feet. Together with, That portion of the East half of the Northeast quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, lying North and West of Fancher Creek. Together with, All that portion of the South three-fourths of the East half of Section 17,Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof,lying Southeasterly of Fancher Creek and Washington Canal, as said creek and canal now exist. Excepting therefrom the South 2319 feet thereof. Also excepting therefrom that portion described as: Beginning at the East quarter corner of said Section 17; thence South along the East boundary of the said Southeast quarter of Section 17, a distance of 357 feet; thence North 89038' West,a distance of 36.94 feet;thence North 01 006'30"East,a distance of 357.07 feet; thence Easterly along the North boundary of said Southeast quarter, a distance of 30 feet to the point of beginning,as conveyed to the County of Fresno by deed recorded June 30, 1970 in Book 5798 Page 147 as Document No. 44439, Official Records. Also excepting therefrom; the East 640 feet and the South 340 feet of the East 980 feet. SECTION 4. The development of the property described in Section 3 shall be conditioned upon the following conditions of zoning which is recorded and on file in the Fresno County Recorder's Office: 1. The lots backing on to the Fancher Creek trail, where it is parallel and adjacent to South Dewitt Ave, and the lots backing on to the railroad tracks (California Avenue alignment) will be widened to an 80-foot lot width and limited to single-story construction. 2. Where the wall is required along the west and north boundaries of the project site it will be seven feet in height and constructed with the first f Ordinance Amending Official Zone Map Rezone Application No. R-03-69 Page 4 phase of the project. 3. The realigned Fancher Creek canal will not be concrete lined except at the curves where necessary to prevent erosion. 4. The Outlot "B" area of Tentative Tract Map No. 5258 located on the west and north side of the realigned Fancher Creek canal will not be landscaped. 5. The wall along the project's north boundary (California Avenue alignment) to be set back one foot from the property line and landscaping (appropriate climbing vine) and irrigation system installed to provide screening of the wall, subject to the granting of access to construct and maintain the landscaping by the railroad company which owns the railroad track right-of- way. 6. The number of lots within the interior of the project may be increased to account for the number of lots reduced along the north and west sides of the project. 7. Install self-closing and latching gates on the pedestrian openings in the subdivision boundary wall that allow access to the Fancher Creek trail from the west ends of the subdivision's cul-de-sac streets. SECTION 5. 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 _Zgzh day of 14-we , 2004, by the following vote: AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MON_TOY City Attorngy By . putt' Rezone Application No. R-03-069 Filed by Sunnyside Ranch Assessors Parcel Nos. 481-040-02, 07, 11 K:\Master Files-20031—PLAN AMENOMENTSIA-03-22,R-03-69,84,T-5295,T-5258(Ailaniian)—MS\R-03-69-CC OrdBill.wpd Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Retum to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY Duncan BILL NO. B-66 ORDINANCE NO. ?nn4-rr; AN ORDINANCE OF THE CITY OF FRESNO,CALIFORNIA,AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-84 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 16th day of June, 2004, to consider Rezone Application No. R-03-084 and related Environmental Assessment No. A-03-22/ R-03-69/R-03-84/T-5258/T-5295, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management) zone districts to the R-1 (Single Family Residential) and R-1/UGM (Single Family ResidentiallUrban Growth Management) zone districts; and, ,ot,d -a4-o4 , _b c,�a- 64 E#x4, _7-20- o4 o7D0¢-(off Ordinance Amending Officia, -one Map Rezone Application No. R-03-84 Page 2 WHEREAS, on June 16, 2004, the Fresno City Planning Commission through Resolution No. 12036 recommended approval of Rezone Application No. R-03-84 as described above; and WHEREAS, the Council of the City of Fresno, on the 22nd day of June, 2004, received the recommendation of the Planning Commission and concurs therewith. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with the recommended mitigation measures for Environmental Assessment No. A-03-22/R-03-69/R-03-84/T-5258/T-5295, dated May 12, 2004, there is no substantial evidence in the record that the rezoning may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1 and R-1/UGM zone districts are consistent with the proposed medium-low density residential and medium density residential land use designations of the 2025 Fresno General Plan and the 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-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone districts to the R-1 (Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management) zone districts: l F Ordinance Amending Official Lone Map Rezone Application No. R-03-84 Page 3 From AE-5 and AE-5 to R-1 and R-1/UGM: PARCEL 1: All that portion of the North half of the Northeast quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, lying North and East of Fancher Creek. Excepting therefrom the North 30 feet of said Section conveyed to Pacific Improvement Company, a corporation, by deed recorded in Book 65 page 76 of Deeds. Also excepting therefrom that portion conveyed to the Southern Pacific Railroad Company, a corporation, by deed recorded June 27, 4889 in Book 97 Page 237 of Deeds. Also excepting therefrom that portion conveyed to the Southern Pacific Railroad Company, a corporation, by deed recorded June 27, 1889 in Book 97 Page 237 of Deeds. PARCEL 2: That portion of the East half of the Northeast quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian,according to the Official Plat thereof, lying North and West of Fancher Creek. Excepting therefrom all oil, gas, hydrocarbon substances and mineral in, under and which may be produced from said lands, and one-quarter of all of the royalties, payments, rights and benefits reserved to the lessor in any oil, gas or mineral lease of said land, and the right to enter upon said real property and to explore and prospect for and store and remove said oil, gas, hydrocarbons and minerals therefrom, and the right to construct and maintain on said land such roads, pipe lines, telephone lines, tanks, buildings and other appurtenances as may be reasonably necessary or incidental to such operations, and to exercise such other rights,including the right of ingress and egress,as may be reasonably necessary or incidental thereto, as reserved in the deed from Milton G. Cooper& Son, Inc., a corporation, recorded March 22, 1945 in Book 2237 Page 469 as Document No. 11685, Official Records. All that portion of the South three-fourths of the East half of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof,lying Southeasterly of Fancher Creek and Washington Canal, as said creek and canal now exist. Excepting therefrom the South 2319 feet thereof. s Ordinance Amending Officiai z-one Map Rezone Application No. R-03-84 Page 4 Also excepting therefrom that portion described as: Beginning at the East quarter corner of said Section 17; thence South along the East boundary of the said Southeast quarter of Section 17, a distance of 357 feet; thence North 89038' West, a distance of 36.94 feet; thence North 01° 06' 30" East, a distance of 357.07 feet;thence Easterly along the North boundary of said Southeast quarter, a distance of 30 feet to the point of beginning, as conveyed to the County of Fresno by deed recorded June 30, 1970 in Book 5798 Page 147 as Document No. 44439, Official Records. SECTION 4. The development of the property described in Section 3 shall be conditioned upon the following conditions of zoning which is recorded and on file in the Fresno County Recorder's Office: 1. The lots backing on to the Fancher Creek trail, where it is parallel and adjacent to South Dewitt Ave, and the lots backing on to the railroad tracks (California Avenue alignment) will be widened to an 80-foot lot width and limited to single-story construction. 2. Where the wall is required along the west and north boundaries of the project site it will be seven feet in height and constructed with the first phase of the project. 3. The realigned Fancher Creek canal will, not be concrete lined except at the curves where necessary to prevent erosion. 4. The Outlot "B" area of Tentative Tract Map No. 5258 located on the west and north side of the realigned Fancher Creek canal will not be landscaped. 5. The wall along the project's north boundary (California Avenue alignment) to be set back one foot from the property line and landscaping (appropriate climbing vine) and irrigation system installed to provide screening of the wall, subject to the granting of access to construct and maintain the landscaping by the railroad company which owns the railroad track right-of- way. 6. The number of lots within the interior of the project may be increased to account for the number of lots reduced along the north and west sides of the project. 7. Install self-closing and latching gates on the pedestrian openings in the subdivision boundary wall that allow access to the Fancher Creek trail from the west ends of the subdivision's cul-de-sac streets. Ordinance Amending Officiai Zone Map Rezone Application No. R-03-84 Page 5 SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. /// i i 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 29t-b day of T,,.,A , 2004, by the following vote: AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTU M NTOY Citatfol y By Dep Rezone Application No. R-03-84 Filed by Sunnyside Ranch Assessors Parcel Nos. 481-040-02, 07, 11 KAMaster Files-2001—PLAN AMENDMENTS\A-03-22,R-03-69,84,T-5295.T-5258(Aiianiian)—MS\R-03-84-CC OrdBill.wpd 2025 FRESNO GENERAL FLAN AMENDMENT PROPOSED LAND USES COUJMBIA DRIVE SOUTH H - I 7: SAN JOAQUIN VALLEY RAILROAD al E. ATGHISON AVENUE 111 0 ui E. CALIFORNIA AVE. i6 E.6EAW AVE. III tll i� III E. PITT AVENUE SCALJ= ® r 500 a• a. a. I } •' n n• *' W M - _ A5T CHURCH AVENUE (FU1RE A E. CHURCH AVE. lJ ER i i PROPOSED SUBDIVISION INFORMATION: OVERALL GROSS AREA: IOM.116 AGRm OKO" preAm gy RESIDENTIAL LOTS: 60, WIDE MIN 6,000 50.P7. STT/47.166 AG.6R(SAD6 IPA) ®® INGELS - BRAUN RESIDEN7IAL L07(70 REMAIN): 2.16 A4.NET & ASSOCIATES EXIS71N6 L07 WEST OF CANAL CANAL AND OPEN SPACE CIVIL ENGINEERING AND LAND SURVEYING CANAL AND OPENSPACE NORTH CHURCH 1.41 AG.NIR 875 WEST ASHLAN AVENUE. SUITE 102 CANAL AND OPEN SPACE SOUTH OP CHURCH 111 AG.NET CLOVIS, CALIFORNIA 93812 15Y7�W15 -ov1T o9 (559) 291 - 0427 IBA GAorIL M, 05051Cxl Al i f 2025 FrIESNO GENERAL PLAN AMENDMENT COLUMBIA DRIVE I DRIVE 77 LJ P JOAQUIN VALLEY KAILROAU -- SAN JOAQUIN VALLF'1'RAILROAD AN E. ATG I VEwE \ MEDIUM LOW DENSITY RESIDENTIAL (NO CHANGE) E. CALIFORNIA AVE. E-6EARY AVE' MEDIUM LOW DENSITY !!! RESIDENTIAL 'I (NO CHANGE) i, j: lu i. Z r E. PITT AVENUE � Q > scAaLE ® r-500 i O � G = MEDIUM DENSITY - RESIDENTIAL (NO CHANGE) u;• -- - ----------------------- E. GHURGH AVE. _ EAST CHURCH AVENUE (FUTURE) MEDIUM DENSITY RESIDENTIAL (NO CHANGE) PROPOSED GHANSE5 TO THE 2025 GENERAL PLAN PWAM Dr: EN INGELS - BRAUN ® OFFICE COMMERCIAL PLAN DESIGNATION (12.0 ACRES) & ASSOCIATES CHANGE TO MEDIUM DENSITY RESIDENTIAL CIVIL ENGINEERING ANS LAND SURVEYINGNEIGHBORHOOD COMMERCIAL PLAN DESIGNATION (9.9 ACRES) 675 WEST ASHLM AVENUE, SUITE 102 ® CHANGE TO MEDIUM DENSITY RESIDENTIAL CloV15 CALIFORNIA 93612 (559) 291 - 0427 S' N.Ls-AD -wn-r 105 15h GADI'ILG, 0909- RX�h s �c ���`�% REPORT T.. fHE CITY COUNCIL n��: * AGENDA ITEM NO. y : / 5Pm COUNCIL MEETING une 22, 2004 APPROVEu rrr FROM: NICK P. YOVINO, Director DEPARTMENT DIRECTO Planning and Development Department � � CITY MANAGER BY: DARRELL UNRUH, Planning Manager Planning and Development Department SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-03-22, REZONE APPLICATION NO. R-03-69 AND REZONE APPLICATION NO. R-03-84 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. A-03-22/ R-03-69/R-03-84/T-5258/T-5295 Prn` ted to G y t;uuacil. Date — RECOMMENDATION It is recommended that the City Council take the following actions: 1. APPROVE the finding of Mitigated Negative Declaration for Environmental Assessment No. A-03-22/ R-03-69/R-03-84/T-5258/T-5295 dated May 12, 2004. 2. APPROVE Plan Amendment Application No.A-03-22 which proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan from the office commercial land use designation (12 acres) and neighborhood commercial (10 acres) to the medium density residential land use designation. 7. APPROVE of Rezone Application No. R-03-69 which proposes to rezone a 70-acre portion of the subject property from the AE-5 (Exclusive Five Acre Agricultural and AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management)zone districts to the R-1(Single Family Residential and R-1/UGM (Single Family ResidentiallUrban Growth Management) zone districts. 4. APPROVE of Rezone Application No. R-03-84 which proposes to rezone a 26-acre portion of the subject property from the AE-5 (Exclusive Five Acre Agricultural and AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management) zone districts to R-1(Single Family Residential and R-1/UGM (Single Family ResidentiallUrban Growth Management)zone districts. EXECUTIVE SUMMARY Plan Amendment Application No.A-03-22 and Rezone Application Nos.R-03-69 and R-03-84,filed by Sunnyside Ranch, pertain to approximately 103 acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad and a point 350 feet south of the East Church Avenue alignment. Plan Amendment Application No.A-03-22 proposes an amendment of the 2025 Fresno General Plan and the Roosevelt Community Plan to change the planned land use of a 22-acre portion of the project site from the office commercial planned land use designation (12 acres) and the neighborhood commercial planned land use designation (10 acres) to the medium density residential land use designation: Rezone Application No. R-03-69 and Vesting Tentative Tract Map No. T-5258 propose to rezone an approximately 70-acre portion of the subject site from the AE-5(Exclusive Five Acre Agricultural and AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management)zone districts to the R-1(Single FamilyResidential) and R-1/UGM(Single Family ResidentiallUrban Growth Management)zone districts and develop a 255-lot single family residential subdivision. Rezone Application No. R-03-84 and Vesting Tentative Tract Map No. 5295 ropose to rezone an approximately 26-acre portion of the subject site from the AE-5 (Exclusive Five Acre Agricultural and AE-5/UGM (Exclusive Five Acre AgriculturallUrban Growth Management) zone districts to the R-1 (Single Family Residential and R-1/UGM (Single Family ResidentiallUrban Growth Management) zone i REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69/R-03-84 ine 22, 2004 ,-,age 3 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Low Density Residential R-1-AH (County) Large Lot Single Family Single Family Residential-Horses Subdivision South Medium-Low Density AE-5/UGM Proposed Single Family Residential Exclusive Five Acre Agriculture/Urban Subdivision Growth Management Medium Density Residential (R-1/UGM pending). East Medium-Low Density AE-20/UGM Agriculture and Rural Residential Exclusive Twenty Acre Agriculture/ Residential Urban Growth Management AE-5/UGM Exclusive Five Acre Agriculture/Urban Growth Management Community Commercial C-2/UGM Community Shopping Center/Urban Growth Management West Low Density Residential R-P/BA-15 Single Family Residential Residential and Professional Office/Boulevard Area Treatment,15 Feet ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No.A-03-22/R-03-69/R-03-84/T-5258/t=5295 considered potential environmental impacts associated with the subject plan amendment, rezone, and tentative tract map requests.. The study indicates that the project, if approved, would not conform to the land use designation and land use policies of the 2025.Fresno General Plan,and it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project. specific mitigation measures. The mitigated negative declaration was issued on May 12, 2004. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ ANALYSIS The applicant, Ingels-Braun on behalf of Sunnyside Ranch, has filed Plan Amendment Application No.A-03-22, Rezone Application No. R-03-69 and related Vesting Tentative Tract Map No. 5258, and Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No.T-5295 for.96 net acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad Tracks(California Avenue alignment)and a point 350 feet south of the East Church Avenue. Plan Amend ment.Application.No. A-03-22 proposes to amend the land use plan designations of the 2025 Fresno General Plan and the. Roosevelt Community Plan from office commercial(12 acres)and neighborhood commercial:(10 acres)to medium density residential planned land use (22 acres). Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295/UGM propose `o rezone a 26±-acre area portion of the project site from the AE-5 (Exclusive Five Acre Agricultural) and ,E-5/UGM(Exclusive Five Acre Agricultural/Urban Growth Management)zone districts to the R-1 (Single Family Residential)and R-1/UGM (Single Family Residential/Urban Growth Management)zone districts and authorize development of a 98-lot single family residential subdivision. Rezone Application No. R-03-69 and associated r REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69/R-03-84 une 22, 2004 Page 5 Weeting. These new requirements include the duction,of tw lots in the northwest portion of the.project site; o.pedestrianbridg crossing over the Fancher Creek cana%onstruct the proposed multi-purpose trail with natural trail surface Xe applicant and city staff are to work with the Fresno Irrigation Di ct to allow the Fancher Creek canal realignment to be constructed with earthen rather than concrete lininnd that the cul-de-sac streets with pedestrian access to the trail shall'have wrought iron safety gates. The project applicant has'agreed to these conditions. No appeals have been received regarding the tentative tract maps; therefore, the Planning Commission actions on the tentative tract map applications are final. Land Use Plans and Policies Objective C-9 of the 2025 Fresno General Plan encourages the city to "[p]lan for the diversity and quality of residential housing,at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth and should make efficient use of resources and public facilities." Policy-2-e of the 2025 Fresno General Plan calls for the application of 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. These two policies encourage the development of land which has remained in agricultural use or has been underdeveloped, while being located within the city's adopted urban area boundary and planned for urbanization. The project site is somewhat unique, with established large estate sized lots and homes developed to the north and west, the Fancher Creek canal traversing the property, and its past use as a ranch with equestrian stables that have become a notable part of .:�he surrounding Sunnyside neighborhood. The development of the proposed single family residential subdivision rill provide an appropriate transition from the single family homes with large size lots to the north and west. The plan amendment is proposing to eliminate approximately 12 acres of office commercial planned land use and 10 acres of neighborhood commercial planned land use and replace it with medium density residential planned land-use. The reduction of office and neighborhood commercial land uses is not expected to impact the area in terms of having conveniently located and immediately accessible services for the future residents of this area. There several existing commercial shopping centers located one mile from the proposed site at Kings Canyon Road and Clovis Avenue. Moreover,there is a planned=community shopping center designated for the northeast corner of Clovis and Church Avenues directly to the east of the subject site. The proposed residential use is a less intensive land use and which will generally have a reduced demand upon public infrastructure and services particularly with the proposed residential densities of Vesting Tentative Tract Map No.5258 and Vesting Tentative Tract Map No. 5295, which are a relatively moderate 3.6 dwelling units per acre and 4.1 dwelling units per acre, respectively. A historic property survey by J & R Environmental Services was conducted for the subject property. The.report dated May 6, 2004, concluded that the structures on the site did not meet the CEQA definition of an "historical resource." Circulation Element Plan Policies and Major Street.System Traffic Capacity The 2025 Fresno General Plan designates South Clovis Avenue as an arterial street and designates East Church Avenue as a collector street. The developer will be required to dedicate and construct improvements in accordance with the adopted plans. These improvements include the construction of curb, gutter, sidewalk, and paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of iccess rights to South Clovis, South Minnewawa; South Sundance, and East Church Avenues for all residential tots adjacent to the major street frontages. These street improvements are outlined in more detail in the Vesting f REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69/R-03-84 -une 22, 2004 Page 7 It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact)and the proportionality(fair share contribution towards mitigating the impact)required by State law. The City of:Fresno again transmitted a written explanation of the above concerns, dated March 31, 2003, to Caltrans District 6 Office of Transportation Planning which identified potential mechanisms to establish impact fees such as a memorandum of understanding or joint powers agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be indemnified with respect to legal challenges protesting the imposition of a state facility fee exaction could not be granted. Subsequent correspondence received from Caltrans staff has not clarified the D.istrict's position with respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that it is the sole responsibility of the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act (CEQA) process. Although Caltrans representatives have not endorsed a state transportation facilities impact agreement, a partnership in planning grant was obtained by the Council of Fresno County Governments through which the City of Fresno and Caltrans are participating, along with other local jurisdictions, to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno- Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may .Ilow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective.jurisdictions. Streets and Access Points Vesting Tentative Tract Map No.-T-5258 and Vesting Tentative Tract Map No.T-5295 propose to have vehicular access from South Clovis Avenue, South Sundance Avenue, South Minnewawa Avenue, and East Church Avenue. The Public Works Department, Transportation Planning Section, has reviewed the plan amendment, rezone, and tentative tract map applications. They have also reviewed the traffic assessment, dated March 30, 2004, prepared by Peters Engineering Group. Based upon its evaluation, the 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 Clovis, Church, Minnewawa, and Sundance Avenues to their ultimate planned width. Landscaping/Walls Vesting Tentative Tract Map No. T-5258 and Vesting Tentative Tract Map No. T-5295 will be required to install a 15-foot deep landscaped setback and buffer along South Clovis and East Church Avenues and 20-foot deep landscaped setback and buffer along South.Minnewawa Avenue. In addition, the applicant will be required to install a solid wall to a height, as specified by the Acoustical Analysis dated March 2, 2004, along the rear of the required landscape setback, which will mitigate the adverse effect of noise.generated by vehicles traveling on the adjacent major streets and railroad. The west and south boundaries of the project will have solid masonry walls at a minimum of six feet. Lots that side or back onto the interior streets will also have solid masonry walls of six feet. The project site currently contains several dozen majestic palm trees. The project conditions encourage the implementation of diligent efforts to relocate the palm trees and incorporate them as part of the landscape feature along South Sundance Avenue, which is a local street designed to serve as the primary entry-way for the proposed residential development. r PROPOSED CONDITIONS RELATING TO PLAN AMENDMENT APPLICATION NO. A-03-22 AND REZONE APPLICATIONS NO R-03-69 AND NO. R-03-84 PRESENTED AT THE CITY COUNCIL'S JUNE 29, 2004, PUBLIC HEARING 1. The lots backing on to the Fancher Creek trail, where it is parallel and adjacent to South Dewitt Ave, and the lots backing on to the railroad tracks (California Avenue alignment) will be widened to an 80-foot lot width and limited to single-story construction. 2. Where the wall is required along the west and north boundaries of the project site it will be seven feet in height and constructed with the first phase of the project. 3. The realigned Fancher Creek canal will not be concrete lined except at the curves where necessary to prevent erosion. 4. The Outlot "B" area of Tentative Tract Map No. 5258 located on the west and north side of the realigned Fancher Creek canal will not be landscaped. 5. The wall along the project's north boundary (California Avenue alignment) to be set back one foot from.the property line and landscaping (appropriate climbing vine) and irrigation system installed to provide screening of the wall, subject to the granting of access to construct and maintain the landscaping by the railroad company which owns the railroad track right-of-way. 6. The number of lots within the interior of the project may be increased to account for the number of lots reduced along the north and west sides of the project. 7. Install self-closing and latching gates on the pedestrian openings in the subdivision boundary wall that allow access to the Fancher Creek trail from the west ends of the subdivision's cul-de-sac streets. K:1Master Files-20031—PLAN AMENDMENTSW-03-22,R-03-69,84,T-5295,T-5258.(Ailanjian)—MSIPROPOSED CONDITIONS RELATING TOPLAN AMENDMENT APPLICATION NO.wpd ti Gry r . 11=-„�� vi REPORT TO E PLANNING COMMISSION AGr_ADA ITEM NO. viii-A COMMISSION MEETING 6/16/04 June 16, 2004 APPROVED BY FROM: STAFF, Planning Division Planning and Development epartment DEPARTMENT DIREc OR &Itl< i W,4/0 SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-03-22, REZONE APPLICATION NO. R-03-69 AND RELATED VESTING TENTATIVE TRACT MAP NO. 5258, AND REZONE APPLICATION NO. R-03-84 AND ASSOCIATED VESTING TENTATIVE TRACT MAP NO. 5295 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. A-03-22/R-03-69/R-03-84/T-5258/T-5295 EXECUTIVE SUMMARY Plan Amendment Application No. A-03-22, Rezone Application No. R-03-69 and related Vesting Tentative Tract Map No. 5258, and Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295, filed by Ingels-Braun on behalf of Sunnyside Ranch, pertain to approximately 109 acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad (California Avenue alignment) and a point 350 feet south of the East Church Avenue alignment. Plan Amendment Application No. A-03-22 proposes an amendment of the 2025 Fresno General Plan and the Roosevelt Community Plan for a 22-acre portion of the project site from the office commercial planned land use designation(12 acres)and the neighborhood commercial planned land use designation (10 acres) to the medium density residential land use designation. Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295/UGM propose to rezone an approximately 26-acre portion from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)zone districts to the R-1 (Single Family Residential)and R-1/UGM (Single Family Residential/Urban Growth Management) zone district and develop as a 98-lot single family residential subdivision. Rezone Application No. R-03-69 and associated Tentative Tract Map No. 5258 propose to rezone an approximately 70-acre portion from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)zone districts to the R-1(Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management) zone districts and develop as a 255-lot single family residential subdivision. PROJECT INFORMATION PROJECT A 98-lot single-family residential subdivision on 24±acres of property with an overall density of 4.1 dwelling units per acre as proposed by Vesting Tentative Tract Map No. 5295 and a 255-lot single family residential subdivision on 70±acres at a density of 3.6 dwelling units per acre as proposed by Vesting Tentative Tract Map No. 5295. APPLICANT Sunnyside Ranch (Engineer: Ingels-Braun) LOCATION West side of South Clovis Avenue between the Union Pacific Railroad (California Avenue alignment)and 350 feet south of the East Church Avenue alignment (Council District 5, Councilmember Dages) SITE SIZE 96 net acres LAND USE Existing -Agricultural, Rural Residential and Horse Stables Proposed Single Family Residential e REPORT TO THE PLANNING COMMISSION Plan Amendment Application No.A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos. T-5258 and T-5295 June 16, 2004 Page 2 ZONING Existing AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) Proposed - R-1 (Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-1 and R-1/UGM zone districts and 98-lot and 255-lot AND CONSISTENCY single family residential subdivisions are consistent with the medium- low density residential (2.19 to 4.98 dwelling units per acre) and proposed medium density residential(4.99 to 10.37 dwelling units per acre) planned land uses per Section 12-403 of the Fresno Municipal Code. ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on May 12, 2004 PLAN.COMMITTEE The Roosevelt Committee reviewed the item at its meeting of RECOMMENDATION March 8, 2004, and recommended approval of the proposed project with conditions. STAFF RECOMMENDATION Recommend approval of plan amendment and rezone applications and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5258/T-5295 dated May 21, 2004. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Low Density Residential R-1-AH (County) Large Lot Single Family Single Family Residential-Horses Subdivision South Medium Low Density Residential AE-5/UGM Proposed Single Family Exclusive Five Acre Agriculture/ Subdivision Urban.Growth Management Medium Density Residential , (R-1/UGM pending) East Medium Low Density Residential . AE-20/UGM Agriculture and Rural Exclusive Twenty Acre Agriculture/ Residential Urban Growth Management AE-5/UGM Exclusive Five Acre Agriculture/ Urban Growth Management Community Commercial C-2/UGM Community Shopping Center/Urban Growth Management West Low Density Residential R-1-AH (County) Single Family Residential Single Family Residential-Horses e r REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos.T-5258 and T-5295 June 16, 2004 Page 4 Surrounding land uses are characterized by low density single family residential development to the north and west. To the east, there is rural residential with some agriculture being practice along with a ponding basin. It should be noted that there is residential development activity further to the east which will ultimately be directed west to Clovis Avenue. To the south, there is evidence of past agriculture activity. However, a tentative tract map (T-5137) has been recently approved to allow development of the property to the immediate south with single family residences. Vehicular access to the project site will be primarily from South Clovis Avenue and East Church Avenue, which are designated as arterial and collector streets, respectively. In addition, the connection of South Minnewawa Avenue (a designated collector street) at the southwest corner of the site will provide additional access to a major street. The vehicle traffic generated by the development of this residential project can be accommodated bythe planned circulation system with street improvements completed by the project as required by development standards and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with existing facilities in both South Clovis Avenue and East Church Avenues that both subdivision can connect to for service. Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed the plan amendment and rezone applications, and vesting tentative tract maps only at its meeting March 8, 2004. The committee took action to recommend approval of the applications with condition that the applicant incorporate efforts to physically prohibit vehicular access to the proposed multi-purpose trail and that final trail plans be brought back before the Committee for review. Land Use Plans and Policies Objective C-9 of the 2025 Fresno General Plan encourages the city to "[p]lan for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth and should make efficient use of resources and public facilities." Policy-2-e of the 2025 Fresno General Plan calls for the application of 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. These two policies encourage the development.of land which has remained in agricultural use or has been underdeveloped,.while being located within the city's adopted urban area boundary and planned for urbanization. The project site is somewhat unique, with established large estate sized lots and homes developed to the north and west, the . Fanch,er Creek canal traversing the property, and its past use as a ranch with equestrian stables that have become a notable part of the surrounding Sunnyside neighborhood. The development of the proposed single family residential subdivision will provide an appropriate transition from the single family homes with large size lots to.the north and west. The plan amendment is proposing to eliminate approximately12 acres of office commercial planned land use and 10 acres of neighborhood commercial planned land use and replace it with medium density residential planned land use. The reduction of office and neighborhood commercial land uses is not expected to impact the area in terms of having conveniently located and immediately accessible services for the future residents of this area. There several existing commercial shopping centers located one mile from the proposed site at Kings Canyon Road and Clovis Avenue. Moreover, there is a planned community shopping center designated for the northeast corner of Clovis and Church Avenues directly to the east of the subject site. The proposed e REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-22 Rezone Application Nos.-R-03-69 and R-03-84 Vesting Tentative Tract Map,Nos.T-5258 and T-5295 June 16, 2004 Page 6 The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has stated that the proposed plan amendment isnot expected to create significant impacts to the State Highway System in a letter dated February 3;2004. They have, however expressed concern regarding development that accommodates population growth within the Fresno Metropolitan Area, because any growth increases the demand upon the state highway systems. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements(Mitigation Fee Act-AB 1600)which apply to the City of Fresno, Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact)required by State law. The City of Fresno again transmitted a written explanation of the above concerns, dated March 31, 2003, to Caltrans District 6 Office of Transportation Planning which identified potential mechanisms to establish impact fees, such as a memorandum of understanding or joint powers agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be indemnified with respect to legal challenges protesting the imposition of a state facility fee exaction could.not be granted. Subsequen_t.correspondence received from Caltrans staff has not clarified the District's position with respect to pursuing the city's suggested cooperative mechanisms but has continued to reiterate a conclusion that it is the sole responsibility of,the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act (CEQA) process. Although Caltrans representatives have not endorsed a state transportation facilities impact agreement,.a partnership in planning grant was obtained by the Council of Fresno County Governments through which the City of Fresno and Caltrans are participating, along with other local jurisdictions, to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur,to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be.most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity..Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points Vesting Tentative Tract Map No.T-5258 and Vesting Tentative Tract Map No.T-5295 propose to have vehicular access from South Clovis Avenue, South Sundance Avenue, South Minnewawa Avenue, and East Church Avenue. The Public Works Department, Transportation Planning Section, has reviewed the plan amendment, rezone, and tentative tract map applications. They have also reviewed the traffic assessment, dated March 30, 2004,prepared by Peters Engineering Group. Based upon its evaluation,the 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 Clovis, Church, Minnewawa, and Sundance Avenues to their ultimate planned width. e REPORT TO THE PLANNING COMMISSION Plan Amendment Application No.A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos. T-5258 and T-5295 June 16, 2004 Page 8 State law further provides that proposed subdivision maps for T-5258 and T-5295 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. Proposed subdivision maps T-5258 and T-5295, together with design and improvements, are consistent With the City's 2025 General Plan and Roosevelt Community Plan designation of the site for medium-low density residential and medium density residential land uses,as amended by Plan Amendment Application No. A-03-22, 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. Proposed subdivision maps T-5258 and T-5295 design and improvements are 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.. Proposed subdivision maps T-5258 and T-5295 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 maps conform with city health and safety standards. 5. Proposed subdivision maps T-5258 and T-5295 design will not conflict with public easements within or through the site, because conditions of approval will ensure noninterference with any existing or proposed public easements. 6. The design of subdivision maps T-5258 and T-5295 provide, to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivisions, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision maps for T-5258 and T-5295, subject to the recommended conditions of approval, comply with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL - 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5258 and Vesting Tentative Tract Map No. 5295 dated June 8,2004, and the Conditions of Approval for T-5258 and T-5295 dated April 21, 2004. Action by the Planning Commission regarding the plan amendment and rezone applications will be a recommendation to the City Council. Planning Commission action on the proposed tentative tract maps, unless appealed to the Council, are final. �`/ f•. OMI I I I I I iIOUTN4 ' l w . LLIIYY/44 J1�II(( 1E.CoLub"" Ox cot I • I [ I A`20A JGM tC ATCN�� •�i [ AE-5 I 2 . E. CALIFORNIA a 1 C�►Rt 'lT.i r � AE-5 w �[.MTT� _•.• • •3-U�M r AE-5/ AE-s / / E. CHURCH AE-5 AE-51UGMe.ammMz� I I AE-5Aa"' LEGEND PROJECT BOUNDARY PLAN AMENDMENT NO.hoodA-03-022Comm.REZONE APPLICATION NO.R-03-084 From Once and Neighborhood Co From AE-5 and AE-5/UGM to Med.Density Resid. to R-1 and R-1/UGM VICINITY Mf1P PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-022 N DEPARTMENT From Office and Neighborhood Comm.to Med.Density Resid. A.P.N.: 481-040-02,07.11 REZONE APPLICATION NO.R-03-084w E From AE-5 and AE-5/UGM to R-1 and R-1/UGM 11-� ZONE MAP: 2555 2655 West of Clovis Ave.btwn California and Church Aves. 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IDA GAOML.9. OWAST14-PH2 PESTIN T] LEGAL DESCRIPTION, ' PARSE L• ALL TMT PORTION OF THE NORTH HALF OF 11E NORTHEAST OUROII Or EEClaw 17,TDVNCW14 SOUTH,RANGE 21 EAST,MOUNT DIABLO BASE AM MUROIAN. CAFE TO THE OFFICIAL IMT THEREOF,LVNG NORTH AND[AST OF rANCH R R I DMEPTNG THEREFROM THE NORTH 30 FEET OF SAID SWIM CONMEYED TO PAOM IMPROVEMENT IP COANY.A CORPORATION,BY DEED RECORDED WOK OR t 95 PACE 79 Or 0®L ALSO DSOU7NG THEREFROM THAT PORBON CWKVED 10 THE SOUTHERN PACIFIC � RARNOAD COMPANY,A COB'OIAIDN.BY D®RECORDED JIVE 27,1859 IN _ BOOK 97 PAGE 277 Or D®L PARCEL! 4 TMT PO"ClM OF 116 EAST HAI OF THE NORTHEAST WASTER OF ACTION 17. S TOWNSHIP 14 SOUTH,RANGE 31 EAST.MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO E OFFICIAL PLAT TKNEO'.LVNO NORTH AID REST OF FANCHER B ORCIN. DLtPIIMG THEREFROM ALL OL GAS HYDROCARBON SUBSTANCES AND HOCIMLS 7. N.umaiR AIDIRICH MAY BE PROIUOO FROM SAD(ANDS,AND ONE-WARIER S OF ALL OF THE ROTAL7IES,PAriF7/1S RIGHTSAD BE/Ef175 RESERVED TO THE LESSOR N ANY OE.OAS OR I NERAL LIRA OF SAID WTD•AD THE SIGN T TO ENTER UPON SAID REAL PROPERTY AND TO MORE AND PROSPECT FOR AND STONE AND REMOVE SAID OL.OAS HYONOCARBONS AID MINERALS THEREFROM, tf ASID THE MIGHT 70 OMISTRUCT AND MAINTAIN ON SAID LAID SUCH ROADS PPE UES.TELEPHONE U ICS,TANM BUIDNGS AND OTEH APPURTENAILES AS MAY 11 BE REASONABLY K=SSART OR INCIDENTAL TO SUCH OPERATIONS.AND 70 ENt ACEI OSIER RIQHIS INCLUDING TIME NOR OF NG ESS TWD EOIESi, t7 AS YAY E REASONABLY NECESSARY OR NCRIEMTAL THERETO.AS RESERVED N RHE DEED FROM MLTON O.COOPER R SON.NC.,A CORPORATION.RECOIIOED MARCH 2L 1945 N BOOK 22.37 PACE 40 AS DOCUMENT Ml IIGM OFFICIAL REC0110't PMOL ALL THAT POWBON O'TE SOUTH 111EE-REO RRNS O THE EAST WOI O SECROI 13 17,TONNSHP 14 SOUTK RANOE 21 EAST.MOUNT DIAND MSE AND MERIDIAN, ACCOD9K TO 1E OFFICIAL PLAT THEREOF.LYING SOUTHICASTNILY OF FA O MI "IS CRQ/K AID WASHINGTON CANAL.AS SAID CREEK AND CANAL NOW EXIST. 14. EIUX"M T EIWWW THE SOUTH 2312 FRT T4EAEOF. ALSO EIUZPTINO TEE7ROM THAT PORTION MONIED Al BEGINNING AT THE tS EAST QUARTER CORNER OF SAID SECTION 17.THENCE SOUTH ALDNO THE EAST BOUNDARY OF THE SAID SOUTHEAST QUARTER OF ACTION 17.A pSTANCE OF =HST:A.W4 E 1101111/"A NEST.A DTSTMAE Or.3•.94 FEET THENCE 1S. NORTH Ov9'3�EAST.A pSTANCE OF]37.07 FEET:TICINS EASTERLY ALONG TE NORM OOUHDARY OF SAD SOUTHEAST QUARTER.A OWTAAS OF 70 FEET TO RIE PONt OF K4TRINC.AS CONVEVEO TO THE COUNTY Of FRESNO BY DEED REWDED ARE 30.1870 N BOOK 5790 PAGE 147 AS DOCUMENT N6 44479.OFFICIAL RECORDS 17. REL IL .y >4 ar7B 26 ✓" SS 4.11 E 1451 • 1 21. I 1 22 1 1 21 24. 9 21 PROPOSED FANCHER CREEK CANALst SN NET a SME 299 FRE PC RE THE BETH a3a 1e s Ham' PTD DEWITT AVENUE ' IDr To FOIE I-9F W-a W-MB V-If I E-W }w tv9Ls CONES MISS rTB "a REI EXISTING FANCHER CREEK CANAL NOT TO MAX FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12036 The Fresno City Planning Commission, at its regular meeting on June 16, 2004, adopted the following resolution relating to Rezone Application No. R-03-84. WHEREAS, Rezone Application No. R-03-84 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1 (Single FamilyResidentian and R-1/UGM(Single Family Residential/Urban Growth Management) EXISTING ZONING: AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) APPLICANT: Sunnyside Ranch LOCATION: The west side of South Clovis Avenue between the Union Pacific Railroad and a point 350 feet south of the East Church Avenue alignment APN: 481-040-2, 7, 11 LEGAL DESCRIPTION: From AE-5 and AE-5/UGM to R-1 and R-1/UGM: PARCEL 1: All that portion of the North half of the Northeast quarter of Section 17,Township 14 South, Range 21;East,.Mount Diablo Base and Meridian, according to the Official Plat thereof, lying North and East of Fancher Creek. Excepting therefrom. the North 30 feet of said Section conveyed to .Pacific Improvement Company, a corporation, by deed recorded in Book 65 page 76 of Deeds. Also excepting therefrom that portion conveyed to the Southern Pacific Railroad Company, a corporation, by deed recorded June 27, 1889 in Book 97 Page 237 of Deeds. Also excepting therefrom that portion conveyed to the Southern Pacific Railroad Company, a corporation, by deed recorded June 27, 1889 in Book 97 Page 237 of Deeds. PARCEL 2: . That portion of the East half of the Northeast quarter of Section 17,Township 14 South, Range 21 East, Mount Diablo Base and Meridian,according to the Official Plat thereof, lying North and West of Fancher Creek. Planning Commission Resolut,,,o No. 12036 Rezone Application No. R-03-84 Page 2 June 16, 2004 Excepting therefrom all oil, gas, hydrocarbon substances and mineral in, under and which may be produced from said lands, and one-quarter of all of the royalties, payments, rights and benefits reserved to the lessor in any oil, gas or mineral lease of said land, and the right to enter upon said real property and to explore and prospect for and store and remove said oil, gas, hydrocarbons and minerals therefrom, and the right to construct and maintain on said land such roads, pipe lines, telephone lines, tanks, buildings and other appurtenances as maybe reasonably necessary or incidental to such operations, and to exercise such other rights, including the right of ingress and egress,as may be reasonably necessary or incidental thereto, as reserved in the deed from Milton G. Cooper & Son, Inc., a corporation, recorded March 22, 1945 in Book 2237 Page 469 as Document No. 11685, Official Records. All that portion of the South three-fourths of the East half of Section 17,Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, lying Southeasterly of Fancher Creek and Washington Canal, as said creek and canal now exist. Excepting therefrom the South 2319 feet thereof. Also excepting therefrom that portion described as: Beginning at the East ' quarter corner of said Section 17; thence South along the East boundary of the said Southeast quarter of Section 17, a.distance of 357 feet;thence North 89038' West, a distance of 36.94 feet; thence North 01° 06' 30" East, a distance of 357.07.feet;thence Easterly along the North boundary of said Southeast quarter, a distance of 30 feet to. the point of beginning, as conveyed to.the County of Fresno by deed recorded June 30, 1970 in Book 5798 Page 147.as Document No. 44439,.Official Records. WHEREAS, the above-named applicant is requesting a zoning change on the above property:in order to allow for a proposed single-family residential subdivision; and, WHEREAS, the Fresno City Planning Commission on June 16, 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 June 16, 2004 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change. 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-03-69 may have a significant effect on the environment as identified by the Mitigated Negative Declaration dated May 12, 2004, prepared for Environmental Assessment No. A-03-22/R-03-69/R-03-84/T-5258/T-5295. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1 and R-1/UGM zone district be approved. Planning Commission Resoluti.—i No. 12036 Rezone Application No. R-03-84 Page 3 June 16, 2004 The foregoing Resolution was adopted by the Fresno City Planning Commission. upon a motion by Commissioner Brown seconded by Commissioner-Vang. VOTING: Ayes - Brown, Vang, Kissler, Brand Noes None Not Voting - None Absent - DiBuduo, White DATED: June 16, 2004 NICKP YOVINO, Secretary Fresn ity Planning Commission Resolution No. 12036 Rezone Application No. R-03-84 Filed by Sunnyside Ranch Action: Recommend Approval KACommonWaster Files-20031—PLAN AMENDMENTSIA-03-22,R-03-69,84,T-5295,T-5258(Ailanjian)—MS1R-03-84-PC Reso 12036.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12037 The Fresno City Planning Commission at its regular meeting on June 16, 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. 5295 was filed with the City of Fresno and proposes a 98-lot single-family residential subdivision on 24 net acres of land located on the west side of South Clovis Avenue between the Union Pacific Railroad and a point 350 south of the East Church Avenue alignment; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on June 16, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS,the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated June 16, 2004; and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5295 may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on May 12, 2004, prepared for Environmental Assessment No. A-03-22/R-03-69/R-03-84/T-5258/T-5295. NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5295subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the Roosevelt Community Plan, as amended by Plan Amendment Application No.A-03-22, and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5295 subject to the Planning and Development Department Conditions of Approval dated May 12, 2004 and subject to the following additions to the Conditions of Approval pursuant to the Planning Commission action of June 16, 2004: 110. The developer/owner shall reduce the number of lots by two in the northwest portion of Tract No. 5258. 111. There shall be no pedestrian bridge crossing the realigned Fancher Creek canal. 112. The proposed multi-purpose trail shall incorporate natural trail features and avoid permanent concrete or asphalt type surfaces. 113. The developer and the City shall meet with the Fresno Irrigation District to design an earthened canal and not a lined canal for the proposed realigned Fancher Creek canal. 114. The three cul-de-sac streets which abut the proposed realigned Fancher.Creek canal shall have wrought iron safety gates installed in a manner that would serve as a safety device. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brown, seconded by Commissioner Vang. s Planning Commission Resolution No. 12037 Vesting Tentative Tract Map No. 5295 Page 2 June 16, 2004 VOTING: Ayes - Brown, Vang, Kissler, Brand Noes - None Not Voting - None Absent - DiBuduo DATED: June 16,2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12035 Vesting Tentative Tract Map No. 5258 Filed by Sunnyside Ranch Action: Approve KAMaster Files-2003\-PLAN AMENDMENTS\A-03-22,R-03-89,84,T-5295,T-5258(Ailanjian)—MS\T-5295-PC Reso 12037.wpd f City''rl E"nL�+� \�/{� REPORT TO E PLANNING COMMISSION AG-ADA ITEM NO. VIII-A ��cc�� '��� COMMISSION MEETING 6/16/04 June 16, 2004 APPROVED BY FROM: STAFF, Planning Division DEPARTMENT DIRECAR Planning and Development Department IvIeK "t-'OU11vp SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-03-22, REZONE APPLICATION NO. R-03-69 AND RELATED VESTING TENTATIVE TRACT MAP NO. 5258, AND REZONE APPLICATION NO. R-03-84 AND ASSOCIATED VESTING TENTATIVE TRACT MAP NO. 5295 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. A-03-22/R-03-69/R-03-84/T-5258/T-5295 EXECUTIVE SUMMARY Plan Amendment Application No. A-03-22, Rezone Application No. R-03-69 and related Vesting Tentative Tract Map No. 5258, and Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295, filed by Ingels-Braun on behalf of Sunnyside Ranch, pertain to approximately 109 acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad (California Avenue alignment) and a point 350 feet south of the East Church Avenue alignment. Plan Amendment Application No. A-03-22 proposes an amendment of the 2025 Fresno General Plan and the Roosevelt Community Plan for a 22-acre portion of the project site from the office commercial planned land use designation(12 acres)and the neighborhood commercial planned land use designation (10 acres) to the medium density residential land use designation. Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295/UGM propose to rezone an approximately 26-acre portion from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)zone districts to the R-1 (Single Family Residential)and R-1/UGM (Single Family Residential/Urban Growth Management) zone district and develop as a 98-lot single family residential subdivision. Rezone Application No. R-03-69 and associated Tentative Tract Map No. 5258 propose to rezone an approximately 70-acre portion from the AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)zone districts to the R-1(Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management) zone districts and develop as a 255-lot single family residential subdivision. PROJECT INFORMATION PROJECT A 98-lot single-family residential subdivision on 24±acres of property with an overall density.of 4.1 dwelling units per acre as proposed by Vesting Tentative Tract Map No. 5295 and a 255-lot single family residential subdivision on 70±acres at a density of 3.6 dwelling units per acre as proposed by Vesting Tentative Tract Map No. 5295. APPLICANT Sunnyside Ranch (Engineer: Ingels-Braun) LOCATION West side of South Clovis Avenue between the Union Pacific Railroad (California Avenue alignment)and 350 feet south of the East Church Avenue alignment (Council District 5, Councilmember Dages) SITE SIZE 96 net acres LAND USE Existing -Agricultural, Rural Residential and Horse Stables Proposed -.Single Family Residential REPORT TO THE PLANNING COMMISSION Plan Amendment Application No.A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos.T-5258 and T-5295 June 16, 2004 Page 2 ZONING Existing AE-5 (Exclusive Five Acre Agricultural) and AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) Proposed - R-1 (Single Family Residential) and R-1/UGM (Single Family ResidentiaUUrban Growth Management) PLAN DESIGNATION The proposed R-1 and R-1/UGM zone districts and 98-lot and 255-lot AND CONSISTENCY single family residential subdivisions are consistent with the medium- low density residential (2.19 to 4.98 dwelling units per acre) and proposed medium density residential(4.99 to 10.37 dwelling units per acre) planned land uses per Section 12-403 of the Fresno Municipal Code. ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on May 12, 2004 PLAN COMMITTEE The Roosevelt Committee reviewed the item at its meeting of RECOMMENDATION March 8, 2004, and recommended approval of the proposed project with conditions. STAFF RECOMMENDATION Recommend approval of plan amendment and rezone applications and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-52581T-5295 dated May 21, 2004. BORDERING PROPERTY INFORMATION . . .. ........... .... Planned Land Use Existing Zoning Existing-Use North Low Density Residential R-1-AH (County) Large Lot Single Family Single Family Residential-Horses Subdivision South Medium Low Density Residential. AE-5/UGM Proposed Single Family Exclusive Five Acre Agriculture/ Subdivision Urban. Growth Management Medium Density Residential (R-1/UGM pending) East Medium Low Density Residential. AE-20/UGM Agriculture and Rural Exclusive Twenty Acre Agriculture/ Residential Urban Growth Management AE-5/UGM Exclusive Five Acre Agriculture/ Urban Growth Management Community Commercial C4/UGM Community Shopping Center/Urban Growth Management Est Low Density Residential R-1-AH (County) Single Family Residential Single Family Residential-Horses REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos. T-5258 and T-5295 June 16, 2004 Page 4 Surrounding land uses are characterized by low density single family residential development to the north and west. To the east, there is rural residential with some agriculture being practice along with a ponding basin. It should be noted that there is residential development activity further to the east which will ultimately be directed west to Clovis Avenue. To the south, there is evidence of past agriculture activity. However,a tentative tract map (T-5137) has been recently approved to allow development of the property to the immediate south with single family residences. Vehicular access to the project site will be primarily from South Clovis Avenue and East Church Avenue, which are designated as arterial and collector streets, respectively. In addition, the connection of South Minnewawa Avenue (a designated collector street) at the southwest corner of the site will provide additional access to a major street. The vehicle traffic generated by the development of this residential project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with existing facilities in both South Clovis Avenue and East Church Avenues that both subdivision can connect to for service. Roosevelt Community Plan Advisory Committee The Roosevelt Community Plan Advisory Committee reviewed the plan amendment and rezone applications, and vesting tentative tract maps only at its meeting March 8, 2004. The committee took action to recommend approval of the applications with condition that the applicant incorporate efforts to physically prohibit vehicular access to the proposed multi-purpose trail and that final trail plans be brought back before the Committee for review. Land Use Plans and Policies Objective .0-9 of the 2025 Fresno General Plan encourages the city to "[p]Ian for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth and.should make efficient use of resources and public facilities." Policy-2-e of the 2025 Fresno General Plan calls for the application of 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. These two policies encourage the development of land which has remained in agricultural use or has been underdeveloped, while being located within the city's adopted urban area boundary and planned for urbanization. The project site is somewhat unique, with established large estate sized lots and homes developed to the north and west, the Fanch,er Creek canal traversing the property, and its past use as a ranch with equestrian stables that have become a notable part of the surrounding Sunnyside neighborhood. The development of the proposed single family residential subdivision will provide an appropriate transition from the single family homes with large size lots to.the north and west. The plan amendment is proposing to eliminate approximately12 acres of office commercial planned land use and 10 acres of neighborhood commercial planned land use and replace it with medium density residential planned land use. The reduction of office and neighborhood commercial land uses is not expected to impact the area in terms of having conveniently located and immediately accessible services for the future residents of this area. There several existing commercial shopping centers located one mile from the proposed site at Kings Canyon Road and Clovis Avenue. Moreover, there is a planned community shopping center designated for the northeast corner of Clovis and Church Avenues directly to the east of the subject site. The proposed REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-22 Rezone Application Nos..R-03-69 and R-03-84 Vesting Tentative Tract Map.Nos. T-5258 and T-5295 June 16, 2004 Page 6 The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has stated that the proposed plan amendment isnot expected to create significant impacts to the State Highway System in a letter dated February 3,2004. They have, however expressed concern regarding development that accommodates population growth within the Fresno Metropolitan Area, because any growth increases the demand upon the state highway systems. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has .been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements(Mitigation Fee Act-AB 1600)which apply to the City of Fresno, Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus(demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact)required by State law. The City of Fresno again transmitted a written explanation of the above concerns, dated March 31, 2003, to Caltrans District 6 Office of Transportation Planning which identified potential mechanisms to establish impact fees, such as a memorandum of understanding or joint powers agreement. A previous letter from the Caltrans District 6 office has indicated that the City of Fresno's request to be indemnified with respect to legal challenges protesting the imposition of a state facility fee exaction could not be granted. Subsequent correspondence received from Caltrans staff has .not clarified the District's position with respect to pursuing the city's suggested cooperative.mechanisms but has continued to reiterate.a conclusion that it is the sole responsibility of,the City of Fresno as the lead agency to apply exactions through the California Environmental Quality Act (CEQA) process. Although Caltrans representatives have not endorsed a state transportation facilities impact agreement,.a partnership in planning grant was obtained by the Council of Fresno County Governments through which the City of Fresno and Caltrans are participating,..along with other local. jurisdictions, to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will.focus upon facilities. identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points Vesting Tentative Tract Map No.T-5258 and Vesting Tentative Tract Map No.T-5295 propose to have vehicular access from South Clovis Avenue, South Sundance Avenue, South Minnewawa Avenue, and East Church Avenue. The Public Works Department, Transportation Planning Section, has reviewed the plan amendment, rezone, and tentative tract map applications. They have also reviewed the traffic assessment, dated March 30; 2004,prepared by Peters Engineering Group. Based upon its evaluation,the 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 Clovis, Church, Minnewawa, and Sundance Avenues to their ultimate planned width. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-03-22 Rezone Application Nos. R-03-69 and R-03-84 Vesting Tentative Tract Map Nos. T-5258 and T-5295 June 16, 2004 Page 8 State law further provides that proposed subdivision maps for T-5258 and T-5295 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. Proposed subdivision maps T-5258 and T-5295,together with design and improvements, are consistent With the City's 2025 General Plan and Roosevelt Community Plan designation of the site for medium-low density residential and medium density residential land uses,as amended by Plan Amendment Application No.A-03-22, 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. Proposed subdivision maps T-5258 and T-5295 design and improvements are 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. Proposed subdivision maps T-5258 and T-5295 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 maps conform with city health and safety standards. 5. Proposed subdivision maps T-5258 and T-5295 design will. not conflict with public easements within or through the site,because conditions of approval will ensure noninterference with.any existing or proposed public easements. 6. The design of subdivision maps T-5258 and T-5295 provide, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivisions, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision maps for T-5258 and T-5295, subject to the recommended conditions of approval, comply with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5258 and Vesting Tentative Tract Map No. 5295 dated June 8, 2004, and the Conditions of Approval for T-5258 and T-5295 dated April 21, 2004. Action by the Planning Commission regarding the plan amendment and rezone applications will be a recommendation to the City Council. Planning Commission action on the proposed tentative tract maps, unless appealed to the Council, are final. l 1 * S ■ i L1 M OR. � v w I n w w . ■ e . .. p COl V I t ..II w .wRL Mt. 1 1 ,L ATCMON AVE.+ AE-2Q/M AE-5 1 : E. CALIFORNIA +L CEARV ST.1 M - �� " w AE-5 m V1 •E.FlTT—� AM • -'3-UGM AE-5 AE-5 E. CHURCH 5 d! AE-SIUGM AE-5 ■ eaw.•wE. . AE5/UGM LEGEND PROJECT BOUNDARY PLAN AMENDMENT NO,A-03-022 REZONE APPLICATION NO.R-03-084 From Office and Neighborhood Comm. From AE-5 and AE-5/UGM to Med.Density Resid. to R-1 and R-t/UGM VICIM"ry NLAp PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-022 N DEPARTMENT From Office and Neighborhood Comm.to Med.Density Resid. A.P.N.: 481-040-02.07.11 REZONE APPLICATION NO. R-03-084w E From AE-5 and AE-5/UGM to R-1 and R-1/UGM ZONE MAP: 2555,2655 West of Clovis Ave.btwn California and Church Aves. 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ALSO EKRa1NG 11o6N1W WMT PORTION CONKYID TO THE SOUTHERN PACIFIC 2' RAILROAD COIPMPY,A CORPORATKIK BY DEED RECORDED AM 27.NESS N BOOK 97 PAGE 237 O DEEDS. 1 PARR L 4. TWAT PORTION O THE CAST HALF O THE RORWEAST WARTER O SECUOR 17. TO04SHP14 SOUTH,RANGE 21 EAST,MOUNT DIABLO BASE AND MERIDIAN. ACCORDING 10 THE OFK3AL PLAT WIDE?.LYING NORTH AND QT O FANOQ L OIEF]L DICPTNC THEREFROM ALL OG.CAS HYDROCARBON a1B3TANQS MM%MINERALS 7' N,TINDER AND WHICH MAY BE PRODUCED FROM SAID 2=AND ONE-OUMIER 0. O ALL O THE ROYAL71EL PAYMENTS,OW75 AND BERIM RESERVED TO THE LESSOR N ANY OL.GAS OR MSIERAL LEASEO SAID LAND.AND THE MCAT 70- 0. ENTER UPON SAID ILEAL PIIOPOLTY ANO To DIPLOE AND PROSPECT FOR AND 170E AND REMDYE STD OL CAS HYDROCARBONS AND MINERALS 7/ElEFROY. 16 IIID THE MOLT TO CONSTRUCT AMD MAINTAIN ON SMD LAID SW RODS PPE LNFS.TElEP1101E LIES,TANKS.BUILDINGS AND OBER APFlA7D/ANC S AS MAY BE REASONABLY NECESSARY OR INCIDENTAL TO ANON OPERATIONS AND TO CREEP=BUD/OVER RIGHTS.NCL DNIM THE RIGHT OF INGRESS AND EQESS, 11 AS MAY BE REA90NAMLY NECESSARY OR NGIOENTAL T/ERDIYED N EM AS RGS TIG DEED FROM ON G MILTCOOPER At SOLI.INC.A CORPORATION,RECORDED MARCH 2L 1945 N BOOR 2237 PAGE 405 AS DOCUMENT NO,115BL OFFICIAL RECOIIM ►DRQ 1 ALL TIIAT PONIIOR O Be SOUTH TACE-FORAMS O M EAST RAW O SECTION 11 17.lORNMISP 14 LOU71L RANCE 21 LAST.MOUNT DIABLO BASE AIM MERIDIAN, ACCORDING TO K ONOAL MT THEW".LYING SWTHEASTERLY ONCHER FA AA CREW AND RA9MIIGTO1 CANAL AS SAD WSW AND CANAL IDR EMST, 14. CTREPTID INDWROM THE SWM=9 FEET THEREOF. ALSO ESCEPiNO THEREFROM TWAT PORTION DESCRIED AS BEGINNING AT THE 11 EAST QUARTER CORNER O SAD SECTION 17.THE710E SWM ALONG THE EAST BOUNDARY O THE SAID SOUTHEAST QUARTO O MCM 17,A QSQNCF O 357 TILT:711E/KL NORUN MSB'HEST.A DISTANCE O 70.94 RET:THENCE w, NO R1H OYNs'3d LAST.A DISTANCE O 357.07 RET:THENCE EASTERLY ALONO THE NORM BQADARY O SAD SWTTEAST WARIER,A DISTANCE OF 30 FEET To 1HE PONT O B[NNNNNq AS CONVEYED TO THE COUNTY OF FRESNO BY .. D®RECORDED ANE 30.1970 N BOOR BSM PAGE 147 AS DOCUMENT NO. 4443L OFRCIAL IIICOOS 17. 16 IL RfN a 3T: a m ,.�..: LS 41 i 4B fC • 1 1 N 1` 21. ' 1 2i 1 1 21 24. 9 SS PROPOSED FANCHER CREEK CRNA SL S" . ION L SME 295 FRET PHOT RE I1BE ��9pytlp � 230 ! 1s s FR° PH PINI DEWITT AVENUE LOT 7D TRINE FSO IN-TE W-W I W-W W-M . ,_MI ANEs RIBS ORO "INS END, . MQ j EXISTING FANCHER CREEK CANAL L� IIA D SONE CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL May 21, 2004(Revised June 16, 2004) VESTING TENTATIVE TRACT MAP NOS. 5258 and 5295 West side of South Clovis Avenue, between the San Joaquin Valley Railroad and a point 350 feet South of the East Church Avenue Alignment All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions,are applicable to this vesting tentative map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees,dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5258 and Vesting Tentative Tract Map No. 5295 entitled "Exhibit A," dated June 8, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system,street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessaryto construct the required public improvements and work and .applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 2 May 21, 2004 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 Clovis Avenue, East Church Avenue,South Minnewawa Avenue and South Sundance Avenue from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. LANDSCAPING AND WALLS 10. Provide a 15-foot landscape easement(and irrigation system)along South Clovis and East Church Avenue and a 10-foot landscape easement (and irrigation system) along South Sundance Avenue in accordance with adopted plan policies. The easement will include appropriate pedestrian paths per Public Works standards. 10.a. 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 30-foot wide multi-purpose trail to be constructed along the east side of the newly aligned Fancher Creek Canal along the west boundary of Vesting Tentative Tract Map No. T-5258. 11. Provide a 20-foot landscape easement (and irrigation system) along South Minnewawa Avenue in accordance with the Boulevard Area Treatment overly zone district. The landscape easement(and irrigation system)will be located along the side or rear property CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 3 May 21, 2004 lines of lots which side-onto or back-onto South Minnewawa Avenue. Ref. Section 12- 1011-f-3, Fresno Municipal Code. 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. 12. Maintenance of the required 10, 15 and 20 foot landscape easements along South Sundance, South Clovis, East Church, and South Minnewawa Avenues may be the responsibility of the City's Community Facilities District No. 2. Contact the Public Works Department, Engineering Services Division staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's District prior to final map approval. 12.a. The applicant shall make a reasonable effort to relocate the existing palm trees along South ,Avenue as a landscape feature. 0�1CMiL[-lN f 13. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he/she shall be required to provide the City of Fresno, Department of Public Works, with a petition consisting of the following items: • A letter(petition)from the landowner or the owner's representative requesting the Final Tract be placed into the District. The name, address, phone number and fax number of the developer/landowner must be included in the letter. See attached letter form. • A District Tentative Plan for the entire tentative map, signed by the landowner/ developer,showing landscaping locations and total areas by type to be added to the District. The plan will also show locations, areas by type, and quantities of any other features to be added to the District. • Complete plans for the current final tract map showing all features to be added to the District. 14. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No. 2, then the property owner/developer shall create a homeowner's.association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review two (2) weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 15. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 16. Construct a 7 to 10.5-foot high solid masonry wall along the all lots which back onto or side onto South Clovis, East Church and along the northerly boundary of Vesting Tentative Tract 4 CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 4 May 21, 2004 Map No. T-5258. Wall heights may vary in accordance with noise study prepared by Brown-Buntin and Associates dated March 2, 2004, (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. A six-foot masonry wall shall be constructed all remaining lots which back onto or side onto the south boundary of T-5258 and T-5295,the west boundary of T-5258,and all lots which back onto South Sundance and East Church Avenue. BUILDING SETBACKS 17. Building setbacks shall be in accordance with the.R-1 zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c standards as shown on Exhibit "A" of Tentative Tract No. 5258/UGM and Vesting Tentative Tract Map No. T-5295 dated June 8, 2004 for those lots abutting Clovis, Church, and Minnewawa Avenues (Ref. Section 12- 240.5-E of the Fresno Municipal Code). 18. Building setback lines shall be as shown on Exhibit "A" dated June 8, 2004. A 10-foot building setback is required on the southerly side of Key Lots 243, 244,.249, 250, 255,256 of Vesting Tentative Tract map No. 5258 and Key Lots 69, 81, 101, and 102 of Vesting tentative tract Map No. 5295 to help minimize the impact to neighboring lots in accordance with Fresno Municipal Code Section 12-1011. INFORMATION 19. Vesting Tentative Tract Map No. 5295 is subJect to Council approval of related Plan Amendment Application No. A-03-22 and Rezone Application No. R-03-84. Vesting Tentative Tract Map No. 5258 is subject to Council,approval of Rezone Application No. R- 03-69. 20. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Sanger Unified or the Fresno Unified School District in accordance with the school district's adopted schedule of fees. 21. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 22. 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. 23. 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. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 5 May 21, 2004 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. 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. A letter dated January 30, 2004 from the Air District outlines other suggested measures to reduce air emissions from this project. 27. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 6 May 21, 2004 method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager. PARK SERVICE 28. The developer/owner shall comply with the requirements in the attached memorandums from the Parks Division dated March 17, 2004, for Vesting Tentative Tract No. 5258 and March 22, 2004 for Vesting Tentative Tract Map No. 5295. 28.a. Furthermore, the applicant shall deed to the City of Fresno Outlot "A" as depicted on Vesting Tentative Tract Map No.5268 dated March 12,2004 forthe purposes of developing a future multi-purpose trail. 28.b. The project applicant shall also deed to the City of Fresno Outlots "B" and "C for future open space use or location of a water well site as depicted on Vesting Tentative Tract Map No. 5258 dated June 8, 2004. FIRE SERVICE 29. Fire service will be provided by County of Fresno Fire Station No. 88. The project is subject to UGM Fire service fees for Fire Station 15. Provide residential fire hydrants and fire flows per Public Works Standards with two sources.of water. 30. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Comply with the memorandum dated January 23, 2004 from the Fire Department for the entire project site: STREETS AND RIGHTS-OF-WAY 31. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 32. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as_required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 33. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard.Specifications (2002 Edition). 34. The subdivider shall install all existing ,and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-101.1(H). 35. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 7 May 21, 2004 approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 36. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards (Public Works Standard P-44)within seven (7)days from the time the streets are surfaced or as directed by the Engineer. 37. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 38. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut dedications on all interior streets. 39. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Frontage Improvement Requirements: Major Streets: South Clovis Avenue: Arterial 40. Construct concrete sidewalk to Public Works Standard P-5. The sidewalk pattern shall be ""--- constructed to a 10-foot residential pattern. 41. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial streets. 42. Construct twenty (20) fet of permanent paving within the limits of Vesting tentative Tract Map Nos. T-5258 and T-5295. 43. Construct an eighty (80) foot bus bay at the corner of Clovis and Church and Clovis and California. Concrete curb, gutter, and 10' monolithic sidewalk shall be constructed per Public Works Standard Drawing P-73. 44. Relinquish direct vehicular access rights to South Clovis Avenue from all lots within the limits of Vesting Tentative Tract Map Nos. T-5258 and T-5295. East Church Avenue: Collector 45. Dedicate 47 to 55 feet of property, from center line, both sides, for public street purposes within the limits of this subdivision to comply with the Church Avenue Official Plan Line and the current City of Fresno Collector Standards. 46. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. Construct the sidewalk to a 10-foot residential pattern (both sides). 47. Construct 20 feet of permanent paving (measured from face of curb) within the limits of Vesting Tentative Tract Map Nos. T-5258 and T-5295. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 8 May 21, 2004 48. Construct an underground street lighting system to Public Works Standard E-1 within the limits of Vesting Tentative Tract Map Nos. T-5258 and T-5295. Spacing and design shall conform to Public Works Standard E-8 for Collector streets. 49. Construct an eighty (80) foot bus bay at the northwest corner of Clovis and Church. Concrete curb, gutter, and 10' monolithic sidewalk shall be constructed per Public Works Standard Drawing P-73. t 50. Relinquish direct vehicular access rights to East Church Avenue from all lots within the limits.of Vesting Tentative Tract Map Nos. T-5258 and T-5295. i 51. Construct a concrete raised median 3 feet wide by 350 feet long in the center of Church from the West boundary of lot 258 to the east boundary of lot 253 of Vesting Tentative Tract Map No.-T-5368. South Minnewawa Avenue: Collector 52. Dedicate 35 feet of property,from center line, (both sides)for public street purposes within the limits of this subdivision to meet the City of Fresno's Collector Standards. 53. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. Construct the sidewalk to a 10 foot residential pattern. (Both sides) L 54. Construct 20 feet of permanent paving (both sides) within the limits of Vesting Tentative Tact Map No. 5356, TRACE S2 SQ 55. Construct an eighty(80)foot bus bay at the southwest corner of Minnewawa and Church Avenues with curb and gutter with a 10-foot monolithic sidewalk to be constructed to Public Works Standard Drawing P-73. 56. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this development. Spacing and design shall conform to Public Works Standard E-8 for collector streets. . 57. Design with a minimum 500 feet and 600 feet center line curve radii, respectively from Church Avenue based on a 40 MPH speed design. 58. Relinguish direct vehicular access rights to South Minnewawa Avenue from all lots within this subdivision. Local Streets: Dewitt Avenue 59. Dedicate 20 feet of property,from center line,for public street purposes as shown by Outlot "D"of Vesting Tentative Tract map No. 5258 within the limits of this subdivision to meet the current City of Fresno's Local Street Standards. Developer shall install"No Stopping_ "signs along the east side of Dewitt Avenue 60. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. Construct the sidewalk to a 10-foot residential pattern. 61. Construct an underground street lighting system to Public Works Standard E-2, within the CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 9 May 21, 2004 limits of this development. Spacing and design shall conform to Public Works Standard E-9 for local streets. 62. Construct 20 feet of.permanent paving within the limits of Vesting Tentative T?zt Map No. 5368. 7 Q,+c-r 526'$ Interior Streets: 63. 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),fifty- four(54) and sixty(60) foot streets. Any dead end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Conditions Requirements: 64. Vesting Tentative Tract Map No. T-5258 is proposing a 258-lot single family residential subdivision while Vesting Tentative Map No. T-5295 is proposing a 123-lot single family subdivision. This project will generate 285 a.m./385 p.m.peak hour trips,therefore, a Traffic Impact Study(TIS)is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A project trip generation and trip trace study shall be prepared and submitted to Traffic Planning prior to a TIS "scope" meeting being set. A traffic impact study has been submitted by the developer and reviewed by city staff. 65. The traffic index for South Sundance Avenue shall be 6.0. 66. The first order of work shall include a minimum of two points of vehicular access for any phase of this development. 67. 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 ofthe agreement or commitment letter from FID to the Planning and Development Department. AII.piping shall be located outside the proposed 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 Public Works Department, Engineering Division for review and approval. 68. Relinguish direct vehicular access rights to the trail from the East Lorena, East Florence, and East Pitt Avenue cul-de-sacs. 69. The terminus of the following streets in Tract No. 5258 are unacceptable: a. West Lorena Avenue adjacent to Lot 240. b. East Florence Avenue adjacent to Lot 234. C. South Rogers Lane adjacent to Lot 232. d. East Pitt Avenue adjacent to Lot 210. e. South Walling Avenue adjacent to Lot 210. 70. The terminus of the following streets in Tract No. 5295 are unacceptable: a. East Lorena Avenue adjacent to Lot 13. B. South walling Avenue adjacent to Lot 16. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 10 May 21, 2004 C. South Rogers Avenue adjacent to Lot 24. D. East tower Avenue adjacent to Lot 68. The developer shall re-design in order to control the potential street right-of-way to those streets proposed by Tract Map Nos. T-5258 and T-5295. UGM Requirements: 71. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM Fees. South Clovis Avenue: Arterial 72. Signalize the intersection of Clovis and California complete with actuation, signal pre- emption and left turn phasing. 73. Dedicate and construct a raised concrete median island from the northerly limits to Church Avenue, where missing. 74. The developer shall contact the Southern Pacific Railroad to coordinate at-grade railroad crossing improvements. East Church Avenue: Collector 75. Construct two (2) seventeen (17) foot center section travel lanes along the East Church Avenue frontage within the westerly limits of Tract No. .5295 east to the intersection of Clovis and Church Avenues and construct two(2)seventeen(17)foot center section.travel lanes along the East Church Avenue frontage from the east boundary of Lot 208, west to a point approximately 1/4 mile west of Minnewawa (up to the existing UGM section to the west). 76. Complete the signalization of Church and Clovis by installing any necessary equipment to fully actuate the signal. 77. Design and construct a.major street Bridge at the intersection of Church Avenue and the Washington Colony Canal. South Minnewawa Avenue: Collector. 78. Dedicate and construct two 17' center section travel lanes within the limits of this subdivision. , 79. Install three(3) signal poles with 150-watt safety lights to Public Works standards at the intersection of South Minnewawa and east Church Avenue. SANITARY SEWER SERVICE The nearest existing sewer main is a 54-inch sewer main located in East Church Avenue. The following conditions are required to provide sanitary sewer service to the tract. 80. Extension of a 15-inch sewer main and a 12-inch sewer main in South Clovis Avenue from East Church Avenue north across the project frontage. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 11 May 21, 2004 81. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 82. Separate sewer house branches shall be provided for each lot created. 83. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 84. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the sanitary sewer system. 85. A Preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities review and approvals prior to submitting engineered improvement plans for City approvals. WATER SERVICE There are existing 16-inch water mains located in South Clovis and East Church Avenues. The following conditions are required to provide water service to the tract. Water mains shall be installed before street improvements and paving. 86. Construct a 14-inch transmission grid water main(including installation of City fire hydrants) in East California Avenue from South Clovis Avenue to East Church Avenue. 87. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of. producing a minimum total demand of 1.000 gallons per minute, sufficient to serve peak water demand for the project. Well sites shall be of a size and at a location acceptable to the Water Systems Manager. 88. Water well construction shall include wellhead treatment facilities, if required. 89. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 90. Separate water services with meter boxes shall be provided to each lot created. l 91. Installation of public fire hydrant(s) is required in accordance with city standards. 92. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. _ 93. All public water facilities shall be constructed in accordance with City of Fresno Department of Public Works standards, specifications, and policies. 94. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 12 May 21, 2004 Public Utilities Department, Solid Waste Division 95. The owners, lessees or other tenants of the residential.dwellings must, on service days before 6:00 a.m., place their solid waste containers at the edge of the curb approximately four (4) feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 96. There shall be no parking allowed in the street,in any cul-de-sac,on the solid waste service day. This applies to any lot that is in whole or part of a cul-de-sac. 97. The following lots shall be clear of all vehicles before 6:00 a.m. on the solid waste service day: Lots 11, 12,13, 14,and 15 on EastStmef:. Lots 131, 132, 133, 134, 215, 216,and 240 on East Lorena Avenue. Lots 141, 142, 143 and 144 on East Florence Avenue. ve�+em- Lots 151, 152, and 153 on East Pitt Avenue Lots 178, 179, 180, 181, and 182 on South Playa Avenue. Lots 183, 184, 185, 186, and 187 on South Playa Avenue. Lots 206, 207,208, 209, and 210 on South Walling Avenue. Lots 254, 255, 256, and 257 on South Rabe Avenue. Lots 242, 243, 244, and 245 on South Perry Avenue. Lots 100, 101, 102 and 103 on.South Walling Avenue. Lots 114, 115, 116, 117 and 118 on East Edna Avenue. 98. Developer shall provide through streets on South Walling, South Rogers, East Pitt, east Truman, east Belgravia, and.East Tower. All streets must connect to another street to provide a path for Solid Waste trucks. If these streets do not connect, then a truck turn around must be provided. Turnaround must provide for a truck with a 44-foot turning radius. ,z) 99. Lots 247, 248, 249, 250, 251, and 252 on South DeWitt will be required to move their containers to the north edge of the property line of lots 247 and 252, along East Church Avenue to be serviced. Alternatively, A temporary turnaround will have to be provided at the end of South Dewitt so that Solid Waste trucks can turnaround. Turnaround must provide for a truck with a 44-foot tumin radius. This condition will require a covenant. Fresno Irrigation District FID's Washington Colony No. 15, Central No. 23 and Fancher Creek No. 6 canals traverse the proposed project area. 100. Fresno Irrigation District (FID) requests that the applicant grant an exclusive canal easement to FID and concrete line, encase in box culvert or other approved means to protect canal integrity, the above mentioned canals across the proposed development in accordance with FID standards,and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine ca"n a ignment and required canal dimensions. CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 13 May 21, 2004 101. FID requests that its easement be shown on the map with proper recording information, and hat FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made a party to signing the final map. 102. FID will reserve further comment on the subject proposal until the regular agency process for site plan review, tract map, or parcel map review is completed. Design standards for the realigned Fancher Creek Canal shall be determined by the Fresno Irrigation District. 103. The project applicant shall deed Outlot"E"of Vesting Tentative Tract Map No. 5258 dated March 12, 2004 to the Fresno Irrigation District for the purpose of canal realignment of Fancher Creek. Right-of-Way Acguisition 104. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the.City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section,an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 105. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 106. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District(FMFCD)for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated April 24, 2004 and April 29, 2004. 107. Any temporary ponding basins constructed or enlarged to provide service to the subdivision CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 14 May 21, 2004 shall be fenced in accordance with City standards within seven (7)days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. DEVELOPMENT FEES AND CHARGES 1 108. This project is subject to the following development fees and charges: MISCELLANEOUS 109. The applicant shall comply with the mitigation measures regarding the Clovis and Church Avenue intersection and the Clovis and Jensen Intersection and fair share cost assessment as outlined by the Public Works -Traffic Division letter dated May 27, 2004. 110. The developer/owner shall reduce the number of lots by two in the northwest portion of Tract No. 5258. 111. There shall be no pedestrian bridge crossing the realigned Fancher Creek canal. 112. The proposed multi-purpose trail shall incorporate natural trail features and avoid permanent concrete or asphalt type surfaces. 113. The developer and the City shall meet with the Fresno Irrigation District to design an earthened canal and not a lined canal for the proposed realigned Fancher Creek canal. 114. The three cul-de-sac streets which abut the proposed realigned Fancher Creek canal shall have wrought iron safety gates installed in a manner that would serve as a safety device. PARKS DEPARTMENT FEE/ RATE a. Street Tree Landscape Plan Review fee. $56.00 b. Street Tree Installation fee $129.00/tree City installed tree c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/ RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of March 1, 2003 CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 15 May 21, 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charge n/a Service Area: k. Wastewater Facilities Charge $2,119/living unit I. House Branch Sewer Charge n/a m. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. o. Frontage Charge $6.50/lineal foot p. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $507/living unit Service Area: 501-S s. Well Head Treatment Fee $207/living unit Service Area: 501 . t. Recharge Fee $61/living unit Service Area: 501 u. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE v. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $605/living unit Service Area: 15 x. UGM Park Fee $1650/gross acre Service Area: 2 CONDITIONS OF APPROVAL Vesting Tentative Tract Nos. 5258 and 5295 Page 16 May 21, 2004 y. Major Street Charge $2180/adj. acre Service Area: D-1/E-2 z. Major Street Bridge Charge $210/adj. acre Service Area: D-1/E-2 aa. Traffic Signal Charge $860/adj. acre bb. UGM Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge $40,011.00 (APN 481-040-11) KAMaster Files-2003\—PLAN AMENDMENTSW-03-22,R-03-69,84,T-5295,T-5258(Ailanjian)—MS\T-5258-T-5295-COA.wpd CONDITIONS OF APPROVE Vesting Tentative Tract Nos. 5258 and 5295 Page 15 May 21, 2004 n. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. o. Frontage Charge $6.50/lineal foot p. Transmission Grid Main Charge $560/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $507/living unit Service Area: 501-S s., Well Head Treatment Fee $207/living unit Service Area: 501 t. Recharge Fee $61/living unit Service Area: 501 u. 1994 Bond Debt Service $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE v. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $605/living unit Service Area: 15 x. UGM Park Fee $1650/gross acre Service Area: 2 y. Major Street Charge $2180/adj. acre Service Area: D-1/E-2 z. Major Street Bridge Charge $210/adj. acre Service Area: D-1/E-2 aa. Traffic Signal Charge $860/adj. acre bb. UGM Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. "Street Acquisition/Construction Charge $40,011.00 (APN 481-040-11) • a s 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. 2. BUFFER LANDSCAPING & MAINTENACE REQUIREMENTS A. The developer is required to provide landscaping and long term provision of maintenance for the landscape easements and rights of way on East Church, South Clovis Avenues and `B' Street,the landscape strip and right-of-way on E. Church,E. California, S. Clovis S. Minnewawa Avenues and `B' Street. B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval of the final map. Plans shall be numbered to conform to and included in the Public Work's Department's street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing into the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1'of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. C. As an alternative to the CFD2, the subdivider may form a Home Owners Association for the long term provision of maintenance of the landscape buffers and rights-of-way. c s Renchez-T-5295 doe ti Parks.Recreation and Community Services Department Match 22,2004 T•5295 Page 2 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: Mike Sanchez,Planner III Development Department FROM: HILARY KIMBER,Parks Supervisor II(621-2924) DATE: March 22,2004 Subject: Tentative Subdivision Map T-5295(Located on the West Side of South Clovis Avenue between East Church and California Avenues) The Parks Department has reviewed the Vesting Tentative Subdivision Map drawn by Ingels-Braun& Associates,Civil Engineering and Land Surveying prepared for Sunnyside Ranch Estates,dated 11/03/03. Parks offers the following comments regarding the street tree,and buffer/parkway strip conditions . . . 1. .STREET TREE REQUIREMENTS A. Street trees shall be planted at the rate of one tree for each 60' of street frontage,or one tree per lot, whichever is greater. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements: The subdivider is required to provide automatic drip irrigation for all street trees. B. Tree planting shall be within a Planting and Public Utility easement. Tree species to be planted on those streets are as follows: S.Clovis Ave. Platanus acerifolia`Columbia'(Columbia Sycamore) S. `B' Ave. Fraxinus`Autumn Purple' (Ash Autumn Purple) S.WallingAve. Koelreuteria paniculata(Golden Raintree) S.Rogers Ave. Ginkgo biloba `Autumn Gold' or`Fairmont'(Maidenhair Tree) E.Lorena Ave. Sapium sebiferum(Chinese Tallow) E.Florence Ave. Pisracia chinensis(Chinese Pistache) E.Pitt Ave. Quercus virginiana(Southern Live Oak) E.Truman Ave. Nyssa sylvatica(Black Tupelo) E.Belgravia Ave. Celtis australis(European Hackberry) E.Tower Ave. Sophora japonica(Japanese Pagoda Tree) E.Church Ave. Quercus lobata(Valley Oak) E. `A' Ave. Brachychiton populneum(Bottle Tree) E.California Ave. Pistacia chinensis(Chinese Pistache) C. Street Tree Requirements: For those lots having internal street tree frontage available for street tree planting,the developer shall plant one tree for each 60'of street frontage,or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public or one tree per lot whichever is greater. b. Trees shall be planted in accordance with"Specifications for Developer Street Tree Planting.@ The developer shall contact Parks to determine tree species required on each street. �.,_. .. Mike •ianchezdoc Page 3 Parks,Recreation and Community Services Department March 22, 2004 T-5295 Page 3 3. UGM REQUIREMENTS F. The project is in UGM Zone#2. Please assure that all Parks UGM fees are collected as allowed by FMC. The nearest regional park to the site is Roeding Park. The nearest neighborhood park is located at South E Sunnyside and East Butler Avenues. An additional neighborhood park is proposed at South Peach and East Church Avenues.. This project is consisted with the Parks Master Plan. 4.FEES As a reminder,please verify that the following administrative/plan check fees are collected: 1. Collect the street tree landscape review fee of$56.00(Acct#34599 Fund#10101 Org#17050) 2.Collect the fee for the 15-gallon Street Tree Inspection fee for tree plantings by private party at the rate in effect in the Master Fee Schedule at the time payment is due(current rate is$30.00 per tree Acct #34859,Fund#24001,Org#179900). 3. Collect the CFD Plan Review fee of$176.00(FY2002 rates)(Acct#34599 Fund#10101 Org#17050) 4. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct#34599 Fund#10101 Org#17050) File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager SUNNYSIDE RANCH ESTATES Planning & Development Department 299 E. LESTER AVE. City of Fresno FRESNO, CA 93720 2600 Fresno Street Fresno, CA 93721 MAP NO. 5258 PRELIMINARY FEE(S) (See below) DRAINAGE AREA S) " BH BG DRAINAGE AREA BH $1147861.00 DATE g a DRAINAGE AREA BG $222,216.00 TOTAL FEE $337,077.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of"runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5258 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting,to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by C* 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. 5259 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAx(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. it CALIFORNIA AVE. • SOUTHERN PACIFIC R.R. II w it ATCHISON ST. Q II jr I LJLI / /J � '.� ' :e • •t.t.� � Vii. � GEARY ST. yyll N 1{' IIJ�TN Y t �W. f yi�y jt�y SCALE 1"600' 15' II _ — _ — _ _ - - -- -_ —_ N I PITT ST. cwwNELj. 24' REL IEF7 25' 3()' LINE x n j QBH I CANAL �. „ ,; S BG BASIN "BH" Lil 19 .ti �r.• 4 . i � N O CHURCH `<°` AV ALIGNMENT LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY 25' & 40' PERMANENT STORM DEVELOPER OF TRACT 5258 DRAINAGE EASEMENT TO BE ACQUIRED BY THE DEVELOPER _......... MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER OF TRACT 5295 30 TEMPORARY STORM DRAINAGE EASEMENT TO BE ACQUIRED BY MASTER PLAN FACILITIES TO BE CONSTRUCTED BY THE DEVELOPER DEVELOPER OF TRACT 5135 MASTER PLAN FACILITIES TO BE CONSTRUCTED BY EXISTING 15' PERMANENT --- STORM DRAINAGE EASEMENT THE DISTRICT 0- FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY TRACT 5258 EXHIBIT No. 1 DRAINAGE AREAS: "BG" k "BH" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NV o�-zyo+ J:\ENGINE ERING\AUTOCAD\DWCS\OE XHIBIT\TRACTS\525B.OWr k- OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. This project is broken into different drainage areas. Comments on these areas are as follows: Drainage Area`BH": The developer of Tracts 5258 and 5135 has been required to construct the storm drainage facilities, as shown on the attached sketch. Upon completion of those facilities, permanent service will be available. The District recommends temporary facilities until permanent service is available to proposed development. It is recommended that the developers work together to combine the projects to insure permanent drainage service to each development. Drainage Area `BG": The developer shall construct the facilities as shown on Exhibit No. 1. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. The proposed subdivision layout will shift Fancher Creek westerly. However, the drainage area boundaries shall remain the same as the Master Plan drainage area boundaries(see attached exhibit). Any extensions of the District's basin relief line due to relocation of Fancher Creek shall be at the developer's expense. Storm drain facilities shown on Exhibit No.l are tentative only, and may be subject to change pending Master Plan finalization for these drainage areas. The Developer shall dedicate a minimum fifteen-foot(15')wide storm drain easement as a condition of the final map. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The District will obtain the necessary easements,east of Clovis Avenue,as shown on Exhibit No. 1. Major storm flows from Tracts 5258 and 5295 have historically flowed southerly to Church Avenue. The developers will be responsible for accommodating the passage of this major storm flow. Development No. Tract 5258 engr\perm it\exh ib i Mtracts\5 25 8(ns) File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager SUNNYSIDE RANCH ESTATES Planning & Development Department 299 E. LESTER AVE. City of Fresno FRESNO, CA 93720 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5295 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " BH BG DRAINAGE AREA BH $31,318.00 DATE p DRAINAGE AREA BG $105,526.00 .TOTAL FEE $136,844.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee.Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) .Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5295 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely"indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5295 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FLOOD PLAIN POLICY Primary Flood Plains Because of the relatively high velocities and volumes of flood flow associated with primary flood plains, and because the primary flood plain is responsible for passing the greatest percentage.of the flood event,development located in such flood plains is subject to substantial risk,both to itself and to others as a result of the potential for blockage and diversion of flood waters. In view of these factors, the following policy statement is proposed: Policy 1) All proposed development activity shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development to the secondary flood plain and the primary flood plain; and, further, to identify the estimated high water elevation of the 100- year flood event. 2) All development and/or permanent improvement activity which, if located within the primary floodway, may unduly impede, retard, or change the direction of flow of water either,by itself,or by the catching or collecting of other debris or is placed where the flow of water would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted. Secondary Flood Plains Because development within secondary flood plains is subject to inundation,but without the threat of increased velocities of flood waters, and because the excessive development of the secondary flood plain can result in increased water surface elevations through displacement of flood waters, the following policy statement is suggested: Policy 1) Development in secondary flood plains is generally acceptable when a detailed hydrological flood hazard investigation report had been prepared indicating that the area proposed for development is located within a secondary as opposed to a primary flood plain. 2) The development must be properly flood proofed below the estimated high water elevation of the 100-year flood event. 3) The development is accomplished is such a way as to prohibit the displacement of any and all flood waters from that portion of the flood plain to be developed. engrlengrformlfloodplain policy-form NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. CALIFORNIA AVE. I ', r SOUTHERN PACIFIC R.R. I --------------- Lj it ATCHISON f ST. 1 - < it \ 8. 1 w Q C-4 f '`� i GEARY ST. 114- SCALE 1'--600' bsb% Lo 1 18• 1 .54' I• NPITT CHANNEL . .„ R' UuNffE 1 25' INTEFME •Q ”CANAL FANCHER BASIN BH w 'a' r ''B N U CHURCH AVE. LtGHKMEtJT: II • ` I. LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY 25' & 40' PERMANENT STORM DEVELOPER OF TRACT 5258 DRAINAGE EASEMENT TO BE ACQUIRED BY THE DEVELOPER MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER OF TRACT 5295 30' TEMPORARY STORM DRAINAGE EASEMENT TO BE ACQUIRED BY MASTER PLAN FACILITIES TO BE CONSTRUCTED BY THE DEVELOPER DEVELOPER OF TRACT 5135 MASTER PLAN FACILITIES TO BE CONSTRUCTED BY ® EXISTING 15' PERMANENT --- STORM DRAINAGE EASEMENT THE DISTRICT E�— FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY TRACT 5295 EXHIBIT N O. 1 DRAINAGE AREAS: "BG" & "BH" tWe FRESNO METROPOLITAN FLOOD CONTROL DISTRICT N[ff O�•110' J:\ENGINEERING\AUTOCAD\DWGS\OE%NIBIi\TRACTS\5258.DWG Rn•. ,Sent Bv: FRESNO IRRIGATION DISTRT'•T; 559 233 8227; Apr-' 04 11 :50; Page 2 �r arr�cE� or tn. kr/ I • ;• » Ph PHONE(550)233.7181 FAX(559)233.8227 2947 SOUTH MAPLE AVENUE "'_' ..,,.,,.. FRESNO.CALIFORNIA 83725.221 a Your Most Valuable liesource-Water April R, 2004 Mr. Dave Stiglich City of Fresno Development Department Planning Division 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 SUBJECT: Environmental Assessment and Entitlement Application Review of Plan Amendment .Application No. A-03-22 and Rezone Application No. R-03-84 FID's Fancher Creek No. 6,Washington Colony No. 15 and Central No. 23 Canals Dear Mr. Stiglich, 'nic Fresno Irrigation District (FID) has listed .its"typical "general comments" and "specific comments" due to potential impacts of the canal(s). FID does not typically submit specific comments at this stage, but FID feels that this site is unique and may requim a great deal of planning. FID's comments and requirements could change: based on the;.final design of the project. At the terminus of Fancher Creek Canal it divides into the Central and Washington Colony, Canals. At the "Central-Washington Divide" there are numerous canal facilities such as automated gate valves, telemetry, traveling trash screens, check structures, broad crested weir measuring stations, catwalk bridges, bypass pipeline and two .(2) bridges used in maintenance/operations. Development o!'this project may directly 'impact some or all of these facilities. Fm staff had several preliminary meetings with the Developer's Engineer but there appears to be ::c:ne conts:^.^. rcg�.rd:.^.g Ftr�'s requirements which a!�e detailed or_pwges 2 and 3. FTI)'s comments and requests are as follows: General Comments: 1. FID recommends that the project he Presented to FID's Board of Directors for approval as soon as the Developer's Engineer and ETD's Engineers agree on _the scope of the proposed project. File A9encic3\C.ily\Pkui Amend App.No.A-03-22 and Rrr.una App.No.R-03-84 Sent By; FRESNO IRRIGATION DISTRICT; 559 233 8227; Apr-^-04 11 :51; Page 4/8 Mr. Dave Stiglich April 8,2004 Page'3 oro with.urbanization and the already high-trash load at this site, FID will likely require a new traveling trash screen as part of the project. 4. `.Canal Lining The reports states that "the new canal would need to be lined on the sides with an open-bottom design. This would still allow some percolation into the ground adjacent to the existing County parcels." This statement is partially true. FID's Board Policy No. 100.2 requires: canal lining if an open channel is relocated or realigned. The policy also states that both the channel bottom as well as the side slopes shall be lined. 5. Sediment Accumulation & Basement Width - Due to large accumulations of sediment in this section of FID's canal system, FID may require a larger than normal easement. FID will need a large enough easement to dredge the canal,place and store the.rnateril on the . � canal bank and otf-haul the material at a later.time. FID may also require some sort of " sediment trapstructure to helpthe sediments settle at a desired location. fi. Trail - 1t is FID's understanding that trail is masterplanned along the canals. As �. discussed with the Developer's Engineer, FID will not allow the trail to encroachloverlap FID's canal casement. 7. F1ll has the following comments regarding the Hydrologic Study: a. The.study mentions Dry Creek, which FID assumes is a misspelling anal .meant to read Fancher Creek Canal. b. The study refers to a 45-mile canal system. FID's canal system consists of approximately 750 miles of open canals and pipelines. FID is unsure where the 45- mile number came from. c. The report also states FID's;Staff approximates a 14% conveyance loss across the system with 5% lost to percolation and 5% lost to evaporation. FID dues not have any documentation supporting either number anis wishes to withdraw these approximations. d. Canal Lining-Read Item #4 above. e „FID will be conveying,,' charge" water to FMFCD Basin BH locaw-d northeast of "t;hurch.and ClovisAvenues once the imerve is completed. It is FID's opinidh that., there will be minimal impacts to the groundwater table if the.canal is concrete lined since Basin 1311 will be receiving"dew"recharge water. FI It:AgCIwjc.sICIIy\rhul Alii i.j Alip.Nei. M-03.22 and Rczonc App.No.R-0-$4 ,S�nt gy: FRESNO IRRIGATION DISTRICT; 559 233 8227; Apr-8-111 11 :52; Page 8/8 EXHIBIT "5" IPAGc 3 Or 4L-. 00 _ ..�RecLliRm DUT W LCZ THAN 2a' a 26 Ns. r 11 �s --I%wl , MAX so CPSUT a up ' AT;RADE OK Cswn N PILL 5E BON 5TANDARD STANDARD yw+Y��'�O1ti�nrwrr���M.nMwwnnrri.�.+µ . . �(DCQ - IM 7A RED CUT NO UM6 TrAW I T 15' I2' . - r UNM 50 cry a '• ` $_ AT GRADS 5eCnON f fill 5CCTIOk y `� STANDARD 9TANDARD C3 A5 RNSCdJIRW Dur NO LM TNIW IT ' 15' 4' MRI. UNUM 50 05 CUT SGCTION r7LL SeCTION STANDARD ALTERNATE 0 ADD 2 FMT TO EMANKWNT VAUM TO O TM ALTMATC—*CC 10N CAII NOT CG U1 M IF MTA—OVMAU RAY 4Ww-JrM 1`2 C CCUWAIM 7"e C—AIMP!_#A-m!"VMMS THE STANDARD GR,A=MADE CLfAkAW—Y— iioUt—AM 25 rMf- v Oft-Y 7MEN DI5TKCr I OM!RATKM AND MAWr5 ANfx MA CT00 DO NOT RLGUIR)<A 9TANMM ROADWAY. DISTRICT CANAL RIGHT OF WAY REQUIREMENTS REV. 7/1/95 FRE5N0 IRRIGATION DI5TRICT ENGINEERING HAND600IC PAGE NO. 10 TAT_"OF CALIFORNIA—BUSINESS,TRANSPORT'—'•QN_AND HOUSING AGENCY _ ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE • : P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 Flex your power! TrY (559)488-4066 Be energy efficient! May 25, 2004 RECENED HAY _11 2004 213 1-IGR/CEQA DEVELOPMENT DEPARTMENT 6-FRE-180-63.4+/- CITY OF FRESNO A-03-22, R-03-84, R-03-69, T-5258 & T-5295 SUNNYSIDE RANCH ESTATES Mr. Mick. Sanchez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Sanchez: Caltrans notes that the City has published a public:notice (05/21/04) for'the "Notice of Public Hearing" for the above-named plan amendment, rezone and' tract map for�a' proposed 257-unit single-family residential development: Caltrans made comments on this project in two letters dated February 3, 2004 and March 16, 2004 (copies enclosed). It is our understanding that this project is scheduled to go before the Planning Commission on June 2, 2004. Please ensure that our letters are included in the staff report. Please note that our March 16,. 2004:indicated that the Traffic Impact Study (TIS).was incomplete. We requested that the applicant's traffic consultant-submit a revised TIS to Caltrans that included the level of service analysis for the interchange and the intersection and fair share calculations for the project's impacts to the State Highway System. We have not received the revised study. Caltrans questions the City's ability to make an environmental finding on this project when the project's impacts have not been fully evaluated and the environmental record is incomplete. We request that this letter be made part of the permanent record for this project and that a :,copy of our letter be included in the staff reports 'for both the City Council and the Planning Commission. This will provide the decision-making body and the genera ,public with a complete and accurate environmental evaluation for the project. "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS, TRANSPORT P— )N AND HOUSING AGENCY ARNOLD SQHW6ZZENEGQER.Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 .7r-26 Flex your power! FAX (559)TTY (559)488-4066 Be energy e�ciend March 16, 2004 ,MAY 200 Ut cfopMcw 213 1-IGR/CEQA 6-FRE-180-63.4+/- --- R-03-69 & T-5258 SUNNYSIDE RANCH ESTATES Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Sanchez: We have completed our review of the rezone and tract map for the proposed 257-unit single-family residential development on the west side of South Clovis Avenue between East California and East Jensen Avenues. The City has also provided a draft Traffic Impact Study (TIS) for our review. Caltrans has the following comments: Some of the project-generated trips would impact the State Route(SR) 180 interchange at Clovis Avenue and the SR 99 interchange at Jensen Avenue. The draft TIS provides the project-related traffic that will impact these interchanges. However, the level of service analysis for the interchange and the intersection were not provided. The SR 99 interchange at Jensen Avenue will reach its capacity as the City approves more land use changes in the area and development continues. The signalized intersection at the northbound ramps will need improvement in the future, such as northbound off-ramp widening. It is concluded, based on the draft TIS, that this project would impact this interchange. It is therefore recommended that the project contribute its fair share for improvements to the SR 99 interchange at Jensen Avenue. A project fair share and mitigation cost estimate should be calculated by the applicant's traffic consultant and submitted to this office for review. The new segment of SR 180 between Clovis and Temperance Avenues is scheduled for construction in 2004. The future SR 180 interchange at Clovis Avenue was designed to accommodate 2025 traffic volumes. This project, in. and of itself, would have a minimal impact to this future interchange. However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. Mr. David Stiglich February 3, 2004 Page 2 Please have the applicant's traffic consultant submit a revised TIS to Caltrans that includes the level of service analysis for the interchange and the intersection and fair share calculations for the project's impacts to the State Highway System. The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1. for other recommended transportation alternatives. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have-any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" x XJ,J % kT,m't Ji Ji Ji — I � lila rJ x s 770 Jia _o x — m r A x J, �r y f 9 X X X J, J, $r 'dx X.r i PROPOSED SITE OF FANCHER CREEK RELOCATION ®� SCAM 1' Ge 20' 30' 20' 30' WATER LEVEL A.C.TRAL co 44V 12' PREPARED BY.- S ®®® INGELS BRAT ECTION A-A ®® & ASSOCIATI SCALE 1' 10 CIVIL ENGINEERING AND LAND SUR' 875 (VEST ASHLAN AVENUE, SUI' (559) 291 - 0427 CAD Mae 0300 CITY OF FRESNO MITIGATED NEGATIVE DECLARATION Initial Study is on file in the Planning and Environmental RECEIVED Development Department, City Hall Assessment Number: 2004 Y 12 AFS 8: 58 2600 Fresno Street, Fresno, California 93721 A-03-22/R-03-69/R-03-84/T- 559 621-8277 5258/T-5295 CITY CLERK, FRESNO C! APPLICANT: Ingles-Braun Assessor's 875 West Ashlan Avenue#102 Parcel Number: Clovis, California 93612 481-040-02, 07, 11 PROJECT DESCRIPTION AND LOCATION: Ingels-Braun and Associates on behalf Filed with: of Sunnyside Ranch Estates have filed entitlements covering 109 gross acres for REBECCA E. KLISCH, City property generally located on the west side of Clovis Avenue between the Union Pacific Clerk Railroad tracks and 350 feet south of the East Church Avenue alignment. Plan 2nd Floor- City Hall Amendment Application No. A-03-22 proposes to amend the 2025 Fresno General 2600 Fresno Street Plan and Roosevelt Community Plan from office commercial land use (12 acres)and Fresno, California 93721-3603 neighborhood commercial land use (10 acres)to medium density residential planned land use (22 acres). Rezoning Application No. R-03-84 and related Tentative Tract Map No.5295 is requesting a rezone from AE-5(Exclusive Five Acre Agriculture)and AE-5/UGM(Exclusive Five Acre Agriculture/Urban Growth Management)to R-1 (Single Family Residentian and R-1/UGM (Single Family Residential/Urban Growth Management)for 26 net acres to facilitate the development of a 123-lot single family subdivision. Rezone Application No.R-03-69 and associated Tentative Tract Map No. 5258 requests a rezone from AE-5(Exclusive Five Acre Agriculture) and AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management) to R-1(Single Family Residential)and R-1/UGM (Single Family Residential/Urban Growth Management)to facilitate the development of a 258-lot single family subdivision. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and anyattachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a categorywhich is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by' Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Mike Sanchez SUBMITTED BY: Planner III DATE: May 12, 2004 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT \ W L COLUM" DR w .1 ? ■ CQ w n n n ■ . ■ o J M .■ WKS=a 1 1 •VV AE 2WUG1M 1[ RTCMlOR AE-5 E. CALIFORNIA 1 C OE.tRY ST.1 R AE-5 LU C r AE-5 AE-...5 E. CHURCH AE-5 AE 9UGM E. - I AE-5/UW /� F • LEGEND PROJECT BOUNDARY / / �� PLAN AMENDMENT N0.A-03-022 REZONE APPLICATION NO.R-03-084 /From Office and Neighborhood Comm. From AE-5 and AE-5/UGM to Med.Density Resid. to R-1 and R-1/UGM VICINITY MAP PLANNING & DEVELOPMENT PLAN AMENDMENT NO.A-03-022 N DEPARTMENT From Office and Neighborhood Comm.to Med.Density Resid. A.P.N.: 481-040-02.07.11 REZONE APPLICATION NO.R-03-084w+- � E From AE-5 and AE-5/UGM to R-1 and R-1/UGM ZONE MAP: 2555��55 West of Clovis Ave.btwn California and Church Aves. Norco SCALE BY/DATE: J.S./ 1-22-04 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. A-03-22/R-03-69/R-03-84/T-5258/T-5295 PROJECT DESCRIPTION .Plan Amendment Application No. A-03-22, Rezone Application Nos. R-03-69 and R-03-84, Vesting Tentative Tract Map No. 5258/UGM and 5295, filed by Ingels-Braun and Associates on behalf of Sunnyside Ranch Estates, pertain to approximately 109 gross acres of property located on the west side of South Clovis Avenue between the Union Pacific Railroad Tracks (California alignment) to a point 350 feet south of the East Church Avenue alignment. Plan Amendment Application No. A-03-22 red�}a ests amend the 2025 Fresno General P1a#,ng Roosevelt Community Plan from office commercia I nd us (12.acres)and neighborhood commercialllaind use (10 acres)to medium density residential planned land use.(22 acres). Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295/UGM 0.44A requesting a rezone from AE-5 (Exclusive Five Acre Agriculture) and AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management)to R-1 (Single Family Residential)and R-1/UGM(Single Family Residentiallyr4an Growth Management)for 26 net acres to facilitate the development of a 123-lot single famiiy%tb'division. Rezone Application No. R-03-69 and associated Tentative Tract Map No. 5258 requestar a rezone from AE-5 (Exclusive Five Acre Agriculture) and AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management) to R-1(Single Family Residential) and R-1/UGM (Single Family Residential/Urban Growth Management)to facilitate the development of a 258-lot single family subdivision on 70 net acres. Bordering Property Information Planned Land Use Existing Zoning Existing Use North Low Density Residential R-1-AH (County) Large Lot Single Single Family Residential Family Subdivision Horses South Medium Low Density Residential AE-5/UGM Proposed Single (R-1/UGM pending) Family Subdivision Medium Density Residential Exclusive Five Acre Agriculture /Urban Growth Management East Medium Low Density Residential AE-20/UGM Agriculture and Rural Exclusive Twenty Acre Residential Agriculture/ Urban Growth Management Community Commercial AE-5/UGM Exclusive Five Acre Agriculture /Urban Growth Management C-2/UGM Community Shopping Center/Urban Growth Management INITIAL STUDY Environmental Assessment No. A-03-22/R-03-69/T-5256/R-03-$4/T-5295 Page 3 May 12, 2004 is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from"serious nonattainment"to"severe nonattainment"by the U.S. E.P.A. Classified as "severe nonattainment" by the State. • PM;,. Classified as "serious nonattainment" at the federal level. Classified as"nonattainment" by the State. • CO. Recently reclassified from "nonattainment" to "attainment" by thU.S. E.P.A. NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. • SO2 Unclassified at the federal level. Classified "attainment" at the State level. • Sulfates. (No federal standard.) Classified "attainment" at the State level. • Lead. (No federal standard.) Classified "attainment" at the State level. • H2S. (No federal standard.) Unclassified. by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,o the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's.classification of "severe nonattainment" for ozone by the State, the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5% per year reduction in nonattainment emissions, or including"every feasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions; developing strategies to reduce.vehicle trips and miles traveled; increasing average vehicle ridership to 1.5 persons during commute hours; reducing population exposure to non-attainment pollutants by 25%; establishing best available retrofit control technology requirernents for permitted sources; and developing indirect and area source programs. As:stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are, in turn,implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. INITIAL STUDY Environmental Assessment No..A-03-22/R-03-69/T-5258/R-03-84IT-5295 'Page 5 May 12, 2004 Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement and incorporate,as applicable,the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12, 2004. 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Project Use The adverse groundwater conditions of limited supply and compromised quality have been well- documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No.1010C, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan)et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. The proposed project places additional demand upon peak water use capacity which is one of the limitations of the groundwater supply aquifer underlying the eastern portion of the Roosevelt and McLane Community Plan areas. The proposed project must contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. In'response to the need for a comprehensive long-range water supply and distribution strategy the Fresno Metropolitan Water Resource Management Plan has been adopted.and the accompanying Final EIR(SCH #9.5022029)certified. The purpose of the management plan is to provide safe, adequate,.and dependable water supplies. to.meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. In addition,the proposed project must contribute to the completion of the Fresno Metropolitan Flood Control District's master planned storm drainage facilities. Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm water run-off and surface water obtained from the Fresno Irrigation District and United States Bureau of Reclamation benefitting the project area. In accordance with the provisions of the 2025 Fresno General Plan and Master EIR No. 10130 mitigation measures, project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project with the implementation of the mitigation measures noted below and are required to be implemented by the attached mitigation monitoring checklist. In summary, these mitigation measures require participation in the development of a water supply and distribution system equal.to the project's estimated water consumption. Implementation of the Fresno General Plan policies, the Water Resources Management Plan, and the applicable mitigation measures of approved environmental review documents will address the issues of providing an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes.Tentative Tract Map No. 5258 is proposing a 258-lot single family residential subdivision while Tentative Tract Map No. 5295 is proposing a 123-lot single family residential subdivision. These entitlements will require new.water well(s) site to adequately serve the proposed projects. The nearest water mains are located in Church Avenue(16-inch.main)and South Clovis Avenue_(16-inch main) INITIAL STUDY Environmental Assessment No. A-03-22/R-03-69/T-5258/R-03-84/T-5295 Page 7 May 12, 2004 9.0—LAND USE The 2025 Fresno General Plan and Roosevelt Community Plan currently designate the subject site for medium low density residential land use(54 acres), medium density residential land use(20 acres), office commercial land use(12 acres)and neighborhood commercial land use(10 acres). The plan amendment application proposes the change of planned land use from the office commercial designation and neighborhood commercial land use designation to the medium density residential land use designation for 22 acres of the subject property. Rezone Application No. R-03-84 and related Vesting Tentative Tract Map No. 5295/UGM is requesting a rezone from AE-5 (Exclusive Five Acre Agriculture) and AE-5/UGM (Exclusive Five Acre Agriculture/Urban Growth Management)to R-1 (Single Family Residential) and R- 1/UGM (Single Family Residential/Urban Growth Management) for 26 net acres to facilitate the development of a 123-lot single family subdivision. Rezone Application No. R-03-69 and associated Tentative Tract Map No. 5258 requests a rezone from AE-5 (Exclusive Five Acre Agriculture) and AE 5/UGM(Exclusive Five Acre Agriculture/Urban Growth Management)to R-1(Single Family Residential)and R-1/UGM(Single Family Residential/Urban Growth Management)to facilitate the development of a 258-lot single family subdivision on 70 net acres. The portion of the project that rests below the East Church Avenue alignment is an urban growth management area, while the balance of the project to the north of Church Avenue is a non-UGM area. The subject site is presently occupied by the Sunnyside Ranch complex which house equestrian riding and stable and related agricultural buildings and equipment. A majority of the open farmland is currently being leased for row crop cultivation to local growers. The area to the immediate north and west are characterized by large estate size lots that were developed in the County. Some of these homes contain facilities for horses which had been common in this portion of the community. To the east, there is planned community commercial land use that will be surrounded by a storm water drainage basin and single.family residences which are currently under construction. In addition, a single family subdivision is planned for the area south of the subject property. The prospective loss of 10 acres of commercial land use and 12 acres of office commercial land use is not expected to have a severe impact on planned developments in the southeast portion of the community. This loss will be offset by the adjoining community commercial designation located on the northeast corner of Clovis and Church Avenues. Furthermore, the proposed text amendments to he commercial zone districts which would implement the planned commercial land uses will be amended to include the potential for residential mixed use development. The mixed use concept is one that is heavily supported by the plans and policies of the 2025 Fresno General Plan. The proposed land use is compatible with the applicable community and general plan goals, policies, and implementation measures intended to. provide for the efficient uses of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projects of the Fresno General Plan. Based on the applicability of adopted development standards,plan policies/implementation measures,and applicable mitigation measures of the above-referenced environmental documents,and with consideration of the proposed land use relationship, and recommended neighborhood unifying design principles, it is concluded that the proposed plan amendment will further promote the achievement of the planned urban form and land use objectives of the 2025 Fresno General Plan and the Roosevelt Community Plan. 10.0—TRANSPORTATION AND CIRCULATION The development of the project site with the proposed 381 single-family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Roosevelt Community Plan, will be required to complete the planned major street network in accordance with applicable development policies INITIAL STUDY Environmental Assessment No. A-03-22/R-03-69/T-5258/R-03-84/T-5295 Page 9 May 12, 2004 to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE)Trip Generation Manual, Sixth Edition, and associated computer software together with the Council of Fresno County Governments'(COG)computerized traffic model, this analysis predicts the number.of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. Development of 381 single family residential dwelling units can be expected to generate an average of approximately 3,646 vehicle trips per day (VTD). Of these vehicle trips it is projected that 285 will occur during the morning (7 to 9 a.m.)peak hour travel period and 385 will occur during the evening (4 to 6 p.m.) period hour travel period. A modest proportion of these projected trips are expected to access the planned 180 Freeway and Clovis Avenue interchange and the Freeway 99 and Jensen Avenue interchange during the morning and evening peak periods. The eastern extension of Freeway 180 from Chestnut Avenue to the expressway transition at Temperance Avenue is expected to occur as provided by the Measure C Transportation Sales Tax Expenditure Plan by the year 2006. This extension includes the Clovis Avenue interchange which is expected to be designed with adequate capacity to accommodate a twenty-year population and employment growth period. The project traffic study further indicates that the Church/Minnewawa intersection should be constructed and set up to accommodate future signalization as a precautionary measure. In addition, the Clovis/Church intersection should contain dual lefts with the possibility of dual lefts on Church Avenue if the intersection is proved to fail.The project's fair share for improvements to the Clovis/Church intersection has been determined to be 3.7%, while the fair share cost for the Clovis and Jensen intersection is 1.6%. The applicant has agreed to pay these fees as part of their mitigation measures for traffic impacts. Most of the immediately surrounding.area has been developed and the planned major street and intersection improvements have been completed as required by adopted plans, policies and development standards. The project site is not located in the Urban Growth Management Area and will not be paying fees or constructing improvements in accordance with that program. The California Department of Transportation (Caltrans), District 6, Office-of Intergovernmental Relations has stated that the proposed plan amendment is not expected to create significant impacts to the State Highway System in a letter dated February 3, 2004. They have expressed concern for growth in Fresno, because any growth increases the demand on the highway systems. Although the proposed project will marginally contribute.to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility-of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost, a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway. improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. State highway facilities appear to have failed to meet 20-year capacity design criteria during a period of time when the area's pace of population growth decreased to a rate well below previous state projections. This highway facility "under-design" and consequently the capacity deficiencies, which may now be prematurely occurring, are at least partially the result of resource allocation decisions made by the State of California rather than land use decisions made by the City of Fresno. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been INITIAL STUDY Environmental Assessment No:.A-03-22/R-03-69/T-5258/R-03-84,T-5295 Page 11 May 12, 2004 facilities and services appropriate for urban uses. Mitigation Measures 1. The proposed project shall implement and incorporate,as applicable,fire service related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement and incorporate, as applicable, the fire service related mitigation measures as identified in the attached Master Environmental Impact Report No. 10 130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated May 12, 2004. 11.4—Overcrowdirwct of School Facilities The project site is served by both the Fresno Unified School District and Sanger Unified School District and is presently within the attendance boundaries of Ayer Elementary School, Terronez Intermediate School and Sunnyside High School for Fresno Unified;and Lone Star Elementary School, Washington Academic Middle.School and Sanger High School for Sanger Unified. Because of the sustained growth occurring within both district boundaries, the school district has advised of.the following conditions. 1. Future adjustments of school attendance areas could occur such that students residing in the proposed project will attend an elementary school other than Ayer or Lone Star and that students may attend more than one elementary school during their elementary school years. 2. The district has adopted development fees in accordance with current state law. Development of the project site will be subject to the fees in place at the time fee. certificates are obtained. In addition, the district has requested that the-owner/subdivider provide the above information to all prospective purchasers of property within the proposed project. In addition,the project developer will have to request a district boundary change if all students are to attend one school district. The present district boundary is the Fancher Creek Canal which is proposed to be relocated along the Dewitt Avenue alignment. 11.6—Availability of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that there is sufficient capacity to serve the project. The nearest available sewer mains are located in East Church Avenue. Adequate sanitary sewer service is available to serve the project, subject to the Vesting Tentative Tract Map No. 5258/UGM and Vesting Tentative Traci. Map No. 5295 Conditions.of Approval dated May 21, 2004. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable,the sewer related mitigation measures as noted in.the attached Project Specific Monitoring Checklist dated May 12, 2004. 2. The proposed project shall implement and incorporate, as applicable,the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Pian Mitigation, Monitoring Checklist dated May 12, 2004. r INITIAL STUDY Environmental Assessment No. A-03-22/R-03-69/T-5258/R-03-84/T-5295 Page 13 May 12, 2004 Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. This is based upon the mitigation measures required as conditions of project approval which are referenced by this environmental assessment and are conditions upon which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. SACXAMaster Res-2001—PLAN AMENDMENTMA-03-22,R-03-69,84,T-5296,6268-(Ailanjian�MS\A-03-22-Initial Study.wpd W O j�'w�1•� � jk t - O W N Xt MM Q X X X ;. X x b W >- U m o c c aa) c c y c c o c c Z p MrO JdQc ccE E E YOW ma sa mma cc 0. L a °m a ° ma0° cz ° o rn ° r aEs > a) 0 > 7 f9 C d 7 W C N 0 M M C N 7 M m C a) 0. O of- a pop af- a cc af- a pop af- a coo Z � a C 1i. p o C 0 U "' C W E0 o () c W Z ZO .. 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