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HomeMy WebLinkAboutT-5302 - Conditions of Approval - 3/3/2005 FINAL MAP CHECKLIST City of ►c� =��"' TRACT NO. 5302/UGM 2600 Fresno Street'*Third Floor A PLANNED UNIT DEVELOPMENT Fresno, California 93721-3604 OF VESTING TENTATIVE TRACT NO. 530, (559)621-8277 FAX(559)488-1020 July 23, 2004 Please reply to: Bonique Salinas (559) 621-8044 WCM Land LP 7259 North First Street, Suite 101 Fresno, .California 93720 Dear Mr. Castanos SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING PLAN AMENDMENT APPLICATION NO. A-03-07 AND REZONE APPLICATION NO. R-03-49 FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH POLK AVENUE BETWEEN WEST RIVER VISTA DRIVE AND THE SAN JOAQUIN RIVER BLUFF. (APN: 502-020-09, 42) The Fresno City Council conducted a public hearing on July 20, 2004, to consider Plan Amendment Application No. A-03-07 and Rezone Application No. R-03-49. These applications relate to the proposed development of an approximately 6.69-acre single family residential planned development on a site located on the east side of North Polk Avenue between West River Vista Drive and the San Joaquin River Bluff. Following a full and complete hearing, the Council adopted Resolution No. 2004-244 and Ordinance No. 2004-72, relating to the above applications as follows: 1. ADOPTED Resolution No. 2004-244 (enclosed) amending the 2025 Fresno General Plan and the Bullard Community Plan for the property noted above from the medium low density residential planned land use designation to the medium density residential plan land use designation. 2. ADOPTED Ordinance Bill No. 2004-72 (enclosed)that rezones the 6.69 acre subject site from the AE-20/BP/UGM zone district to the R-1/BP/UGM zone district. The Fresno City Planning Commission previously conducted a public hearing on April 21, 2004 to consider Plan Amendment Application No.A-03-07 and Rezone Application No. R-03-49 recommending that the Council approve the applications.. Copies of the Planning Commission resolutions (Nos. 12002 and 12003)are enclosed., Please be advised that pursuant to.Section 4 of the enclosed Ordinance Bill, the rezone ordinance shall become effective and in full force at 12:01 a.m., thirty-one days after its passage. Please record this inforoation 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.D VISION 49. Boni ue Salinas Planner K:\Master Files-2003\-PLAN AMENDMENTSW-03-07 and R-03-40,13S\A-03-07-R-03-49=Final Action Letter.wpd Enclosures: Resolution No. 2004-244 Ordinance Bill No. 2004-72 Planning Commission Resolution Nos. 12002 and 12003 C: Dirk Poeschel Land Development Services and Norman Liddell t i FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12002 The Fresno City Planning Commission at its regular meeting on April 21, 2004, adopted the following resolution relating to Plan Amendment Application No. A-03-07. WHEREAS, Plan Amendment Application No.A-03-07 has been filed with the City of Fresno by Dirk Poeschel on behalf of Norman Liddell and WCM Land LP to amend the 2025 Fresno General Plan, the Sierra Sky Park Land Use Policy Plan and the Bullard Community Plan on 6.69 acres of property located on the east side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff, from the medium-low density residential.planned land use designation to the medium density residential planned land use designation; and, WHEREAS, the Bullard Community Plan Advisory Committee, on October 7, 2003, reviewed and recommended approval of the rezone application; and, WHEREAS, on April 21,2004,the Fresno City Planning Commission conducted a public hearing to review the proposed plan amendment, received public testimony and considered the Planning and Development Department's report recommending approval of the proposed plan amendment; and, WHEREAS,the Fresno City Planning Commission has reviewed the environmental assessment prepared for this plan amendment, Environmental Assessment No. A-03-07/R-03-49, dated February 24, 2004, and is satisfied that the project conditions of development will adequately reduce or alleviate any potential adverse impacts either generated from the project,or impacting the project from an off-site source,and hereby concurs with the issuance of a mitigated negative declaration. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no substantial evidence in the record that the proposed plan amendment may have a significant effect on the environment and hereby approves the finding of a mitigated negative declaration prepared for Environmental Assessment No. A-03-07/R-03-49. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to,the City Council that Plan Amendment Application No.A-03-07 be approved amending the 2025 Fresno General Plan, the Sierra Sky Park Land Use Policy Plan and the Bullard Community Plan on 6.69 acres of property located on the east side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff; from the medium-low density residential planned land use.designation to the medium density residential planned land use designation. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Harrington. VOTING: Ales - Kissler, Harrington, White, Brand Noes. - None Not Voting None Absent - Brown, Vang, DBuduo DATED: April 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12002 Plan Amendment Application No. A-03-07 Filed by Dirk Poeschel on behalf of Norman Liddell and WCM Land LP Action: Recommend Approval K:\Master Files-2003\PLAN AMENDMENTS\A-03-07 and R-03-49-BS\A-03-07-PC Reso 12002.wpd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12003 The Fresno City Planning Commission, at its regular meeting on April 21, 2004, adopted the following resolution relating to Rezone Application No. R-03-49. WHEREAS, Rezone Application No. R-03-49 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/BP/UGM (Single Family ResidentialtBluff Preservation OverlaytUrban Growth Management) zone district EXISTING ZONING: AE-20/BP/UGM (Exclusive Twenty Acre Agricultural/Bluff Preservation Overlay/Urban Growth Management)zone district APPLICANT: Dirk Poeschel on behalf of Norman Liddell and WCM Land LP LOCATION: East side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff APN: 502-020-09, 42 LEGAL DESCRIPTION: From AE-20/BP/UGM to R-1/BP/UGM: Parcel 1 of Parcel Map No. 5284, in the City of Fresno, State of.California, according to the map thereof recorded in Book 35 of Parcel Maps at Pages 85 and 86, Fresno County Records. TOGETHER WITH that portion of Parcel 2 of said Parcel Map No. 5284, described as follows: BEGINNING at the Northwest corner of said Parcel 1: thence North 01013'03" East along the West line of said Parcel 1, a distance of 103.66 feet to the beginning of a 40.00 foot radius tangent curve, concave to the Southwest; thence Northwesterly continuing along the West line of Parcel 1, along said curve though a central angle of 60000'00"an arc.distance of 41.89 feet; thence .non-tangent to said curve, North 01013'03" East, continuing along the West line said Parcel 1, a distance of 135.70 feet; thence North 55039'17",East, a distance of 94.65 feet; thence South 38030'17" East, a distance of 34.03 feet;thence South 65057'54"East,a distance of 14.95 feet; thence South 87058'34"East,a distance of 26.20 feet;thence South 85953'12" East,a distance of 42.34 feet;thence South 68038'03"east a distance of 26.32 fe,pt; thence South 57027'35" East a distance of 31.22 feet; thence South 58058'08" East, a distance of 22.21 feet; thence South 54006'05" East, a distance of 47.69 feet; thence South 68044'09" East, a distance of 58.03 feet; thence South 76009'29"East,a distance of 59.60 feet;thence South 74039'58" East, a distance of 46.07 feet; thence South 66008'57" East, a distance of 100.09 feet; thence South 68041'20", a distance of 29.40 feet; thence South 54053'58" East a distance of 54.96 feet; thence South a distance of 46014'23" East, a distance of 31.88 feet; thence South 74005'08" East, a distance of 115.07 feet; thence South 84016'59" East, a distance of 34.83 feet; thence South 79017'56" East, a distance of 41.93 feet; thence South 77055'50" East, a distance of 15.48 to an angle point on the Southerly line of said Parcel 2, a distance of 21.4.5 feet to an angle point on the Southerly boundary if said Parcel 2; thence North 88025'22" West, along the Southerly boundary of said r . Planning Commission Resolution No. 12003 Rezone Application No. R-03-49 Page 2 Parcel 2, a distance of 215.33 feet to the Southeast corner of said Parcel 1: thence North 09°24'48" East, along the East line of said Parcel 1, a distance of 159.40 feet to the Northeast corner of said Parcel 1 thence North 7401 T42" West, along the North line of said Parcel 1, a distance of 237.13 feet; thence South 55031'18" West, continuing along the North line of said Parcel 1, a distance of 86.29 feet; thence North 88025'22" West, continuing along the North line of said Parcel 1, a distance of 330.00 feet to the POINT OF BEGINNING. APN No: 502-020-09, 42 WHEREAS, the above-named applicant is requesting a zoning change on the above 'property in order to allow for the development of a 39-lot single family residential planned development; and, WHEREAS, the Bullard Community Plan Advisory Committee, on October 7, 2003, reviewed and recommended approval of the rezone application; and, WHEREAS,the Fresno City Planning Commission on April 21,2004, reviewed the subject rezone application in accordance with the policies of the Sierra Sky Park Land Use Policy.Plan, the Bullard Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the April 21, 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-03-49 may have a significant effect on.the environment as identified by the Mitigated Negative Declaration, dated February 24, 2004, prepared for Environmental Assessment No. A-03-07/R-03-49. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/BP/UGM(Single FamilyResidential/BluffPreservation Overlay/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Harrington. VOTING: A,yyes - Kessler, Harrington, White, Brand Nies - None Not Voting - None Absent - Brown, Vang, DiBuduo DATED: April 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12003 Rezone Application No. R-03-49 Filed by Dirk Poeschel on behalf of Norman Liddell and WCM Land LP Action: Recommend Approval KAMaster.Files-2001—PLAN AMENDMENTS\A-03-07 and.R-03-49-BS\R-03-49-PC Reso 12003.wpd RESOLUTION NO. 2004-244 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE 2025 FRESNO GENERAL PLAN, THE SIERRA SKY PARK LAND USE POLICY PLAN AND THE BULLARD COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. A-03-07) WHEREAS, on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan which correspondingly updated the 1988 Bullard Community Plan and the Sierra Sky Park Land Use Policy Plan, and by Resolution No. 2002-378 certified Master Environmental Impact Report No. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; and, WHEREAS, Dirk Poeschel, on behalf of Norman Liddell and WCM Land LP, filed an application to amend the land use designations of the aforementioned plans, pertaining to 6.69 acres of property located on th east side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff from the medium-low density residential planned land use designation to the medium density residential planned land use designation; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing of a mitigated negative declaration; and, WHEREAS, the Bullard Community Plan Advisory Committee, on October 7, 2003, reviewed and recommended approval of the rezone application; and, WHEREAS, the Bullard Community Plan Advisory Committee considered this application at its meeting of October 7, 2003, and recommended approval; and, WHEREAS, on April 21, 2004, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No. A-03-07 and associated mitigated negative declaration for Environmental Assessment No. A-03-07/R-03-49; and, WHEREAS. the Planning Commission took action, as evidenced in Planning Commission Resolution No. 12002. to recommend approval of the mitigated negative declaration for Environmental Assessment No. A-03-07/R-03-49 dated February 24, 2004; and, Akfud s '� © c�4 Resolution No. 2004-244 Plan Amendment Application No. A-03-21 July 20, 2004 Page 2 WHEREAS, the Fresno City Planning Commission also took action, as evidenced in Planning Commission Resolution No. 12002, to recommend approval of Plan Amendment Application No. A-03-07, which would amend the planned land use designations for the subject site from the medium-low density residential planned land use designation to the medium density residential planned land use designation ; and, WHEREAS, on July 20, 2004, the Fresno City Council held a public hearing to consider Plan Amendment Application No. A-03-07 and received both oral testimony and written information presented at the hearing regarding Plan Amendment Application No. A-03-07. 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 Am.ertdment Application No. A-03-07 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated February 24, 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 N*!A-03-07 amending the 2025 Fresno General Plan, the Sierra Sky Park Land Use Policy Plan and the Bullard Community Plan from the medium-low density residential planned land use designation to the medium density residential planned land use designation as depicted on Exhibit A, attached hereto and incorporated herein by reference. r f 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 20th day of July , 2004. 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 MONTOY City Attorney B Deputy M Plan Amendment Application No. A-03-07 Filed by Dirk Poeschel, on behalf of Norman Liddell and WCM Land LP APN Nos. 502-020-09, 42 KACommonWaster Files-2001—PLAN AMENDMENTS\A-03-07 and R-03-49-WA-03-07-CCResolution.wpd 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 Calhoun SECONDED BY Dages BILL NO. R_7 ORDINANCE NO. 2004-72 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-03-49 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, the Bullard Community Plan Advisory Committee considered this application at its meeting of October 7, 2003, and recommended approval; 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 21 st day of April, 2004,to consider Rezone Application No.R-03-49 and related Environmental Assessment No.A-03-07/R-03-49,during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-20/BP/UGM(Exclusive TwentyAcreAgricu/turaYBluffPreservation Overlay/Urban Growth Management) zone district to the R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban Growth Management) zone district; and, NoPid 7=ao- 04 c004- 7a Ordinance Amending Official 2. .a Map Rezone Application No. R-03-49 Page 2 WHEREAS, the Council of the City of Fresno, on the 20th day of July, 2004, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of a Mitigated Negative Declaration dated February 24, 2004, prepared for Environmental Assessment No. A-03-07/R-03-49. Accordingly, Environmental Assessment No. A-03-07/R-03-49 is hereby approved. SECTION 2. The Council finds the requested R-1/BP/UGM zone district is consistent with the proposed medium density residential land use designation of the 2025 Fresno General Plan, Sierra Sky Park Land Use Policy Plan and Bullard Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. -- SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-20/BP/UGM (Exclusive Twenty Acre Agricultural/Bluff Preservation Overlay/Urban Growth Management) zone district to the R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban Gr6wth Management) zone district : Parcel 1: Parcel 1 of Parcel Map No. 5284, in the City of Fresno, State of California, according to the map thereof recorded in Book 35 of Parcel Maps at Pages 85 and 86, Fresno County Records. TOGETHER WITH that portion of Parcel 2 of said Parcel Map No. 5284, described as follows: BEGINNING at the Northwest corner of said Parcel 1: thence North 01°13'03" East along the West line of said Parcel 1, a distance of 103.66 feet to the beginning of a 40.00 foot radius tangent curve, concave to the Southwest; thence Northwesterly Ordinance Amending Official Zone Map Rezone Application No. R-03-49 Page 3 continuing along the West line of Parcel 1, along said curve though a central angle of 60000'00"an arc distance of 41.89 feet; thence non-tangent to said curve, North 01013'03" East, continuing along the West line said Parcel 1, a distance of 135.70 feet; thence North 55039'17" East, a distance of 94.65 feet; thence South 38030'17" East, a distance of 34.03 feet; thence South 65057'54" East, a distance of 14.95 feet; thence South 87058'34" East, a distance of 26.20 feet; thence South 85053'12" East, a distance of 42.34 feet; thence South 68038'03" east a distance of 26.32 feet; thence South 57027'35" East a distance of 31.22 feet; thence South 58058'08" East, a distance of 22.21 feet; thence South 54006'05" East, a distance of 47.69 feet; thence South 68144'09" East, a distance of 58.03 feet; thence South 76009'29" East, a distance of 59.60 feet; thence South 74039'58" East, a distance of 46.07 feet; thence South 66°08'57" East, a distance of 100.09 feet; thence South 68041'20", a distance of 29.40 feet; thence South 54053'58" East a distance of 54.96 feet; thence South a distance of 46014'23" East, a distance of 31.88 feet; thence South 74005'08" East, a distance of 115.07 feet; thence South 84016'59" East, a distance of 34.83 feet; thence South 79017'56" East, a distance of 41.93 feet; thence South 77055'50" East, a distance of 15.48 to an angle point on the Southerly line of said Parcel 2, a distance of 214.5 feet to an angle point on the Southerly boundary if said Parcel 2; thence North 88025'22" West, along the Southerly boundary of said Parcel 2,-a distance of 215.33 feet to the Southeast corner of said Parcel 1: thence North 09024'48" East, along the East line of said Parcel 1, a distance of 159.40 feet to the Northeast corner of said Parcel 1: thence North 74017'42" West, along the North line of said Parcel 1, a distance of 237.13 feet; thence South 55031'18" West, continuing along the North line of said Parcel 1, a distance of 86.29 feet; thence North 88025'22" West, continuing along the North line of said Parcel 1, a distance of 330.00 feet to the POINT OF BEGINNING. APN No. 502-020-09,42 SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. �I b r 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 _oth day of July , 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 MONTOY City Attorney By Deputy b Rezone Application No. R-03-49 Filed by Dirk Poeschel, on behalf of Norman Liddell and WCM Land LP. Assessor's Parcel No. 502-020-09, 42 KACommon\Master Files-2001-PLAN AMENDMENTSIA-03-07 and R-03-49-BS\R-03-49-CC Ordinance Bill 7-20-04.wpd City of IL /V, 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 23, 2004 Please reply to: Bonique Salinas (559)621-8044 WCM Land LP 7259 North First Street, Suite 101 Fresno, California 93720 Dear Mr. Castanos: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING CONDITIONAL USE PERMIT APPLICATION NO. C-04-061 AND VESTING TENTATIVE TRACT MAP NO. 5302/UGM FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH POLK AVENUE BETWEEN WEST RIVER VISTA DRIVE AND THE SAN JOAQUIN RIVER BLUFF. (APN: 502-020-09, 42) The Fresno City Planning Commission conducted a noticed public hearing on April 21, 2004 to consider Conditional Use Permit Application No. C-04-061 and Vesting Tentative Tract Map No. 5302/UGM approving the conditional use permit and tentative tract map applications. The conditional use permit and tentative tract map applications were final at the Planning Commission and, therefore, no Council review was necessary. Copies of the Planning Commission resolutions(Nos.12045 and 12046)are enclosed. Please be advised that the tract map shall become effective upon recordation of a final map or maps of Vesting Tentative Tract Map No. 5302/UGM for any portion of the property encompassed by said tentative tract map for which a final map is recorded. As previously mentioned,the Fresno City Planning Commission approved Conditional Use Permit Application No. C-04-061 subject to the conditions noted on the previously sent site plan for the project proposal (Exhibit"A"dated March 17, 2004)and Special Permit Conditions of Approval dated July 14,2004(as modified by Planning Commission Resolution No. 12046). The Planning Commission also approved Vesting Tentative Tract Map No. 5302/UGM subject to the conditions noted on the tract map and the previously sent Conditions of Approval for Vesting Tentative Tract No.5302/UGM dated July 21,2004(as modified by Planning Commission Resolution No. 12045). EXPIRATION DATES The exercise of rid its granted by this special permit must be commenced by July 21, 2008 (four years from the date of Planning Commission approval). Please note: to complete the backcheck process for building permits relative to planning and zoning issues, submit eight copies of the corrected site plan and six copies of the elevations, landscape and irrigation plans, together with any required covenants(or preparation fees)and.studies or analysis to the Planning Division for final review and approval, ten days before applying for building permits. Copies of the final approved site plan,. elevations, landscape and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the four sets of construction plans submitted for plan check prior to the issuance of building permits. On-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscaped and irrigation plans are included in the plan check field copy. WCM Land LP Conditional Use Permit Application No. C-04-061 Vesting Tentative Tract Map No. 5302.UGM Page 2 July 23, 2004 Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION f Bonique Salinas Planner KWaster Files-2004\'CUPs\T-5302 and C-04-061-Final Action Lettermpd Enclosures: Planning Commission Resolution Nos. 12045 and 12046 c: Dirk Poeschel Land Development Services Norman Liddell M FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 72046 The Fresno City Planning Commission at its regular meeting on July 21, 2004, adopted the following resolution relating to Conditional Use Permit Application No. C-04-061. CONDITIONAL USE REQUESTED: 39-unit single family residential planned development project with gated private streets. ASSESSOR'S PARCEL NUMBER : 502-020-09, 42 PROPERTY LOCATION: East side of North Polk Avenue between West River Vista Drive and the San Joaquin River Bluff. EXISTING ZONING: R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban Growth Management)zone district. WHEREAS, on May 10, 2004 the Bullard Community Plan Advisory Committee unanimously recommended approval of the conditional use permit; and, WHEREAS, the Fresno City Planning Commission during its July 2.1, 2004 meeting, reviewed and considered the subject conditional use permit application relative to.the staff report and the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR 10130) dated May 12, 2004, issued for the project; and, 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 Conditional Use Permit Application No. C-04-061 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) issued on May 12, 2004, prepared for Environmental Assessment No. T-5302/C-04-061. BE IT FURTHER RESOLVED that the Fresno City_Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-047061 is approved, subject to the f flowing conditions, incorporated in said conditional use permit file: 1. Development shall take place in substantial conformance with Exhibits A, L-1, L-2, E-1, E-2, E-3,.E-4, E-5, E-6, E-7, and E-8 of.Conditional Use Permit Application No. C-04-61 dated March 17, 2004. 2. Development shall take place in conformance with all conditions in the Special Permit Conditions of Approval for Conditional Use Permit Application No. C-04-061 dated July 14, .2004 with the following modification to Part D/Condition No. 22 of these conditions: 1. Part D/Condition No. 22 should read as follows: The two story homes on the southern boundary of the subject property shall not have any south facing second story windows with the exception of a bathroom window that will be high or be obscured glass. Planning Commission Resolution No. 12046 Conditional Use Permit Application No. C-04-061 Page 2 July 21, 2004 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, Brand, Brown, Dibuduo Noes - None Not Voting _- None Absent - None DATED July 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12046 Conditional Use Permit Application No.C-04-061 Filed by WCM Land LP Action: Approve with conditions FRLoNO CITY PLANNING COMMISSION RESOLUTION NO. 12045 The Fresno City Planning Commission at its regular meeting on July 21, 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. 5302/UGM was filed with the City of Fresno and proposes a 39-lot single-family residential subdivision on 6.9 acres of land located on the east side of North Polk Avenue between West River Vista Drive and the San Joaquin River Bluff; and, WHEREAS, on May 10, 2004 the Bullard Community Plan Advisory Committee unanimously recommended approval of the tentative tract map; 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 July 21, 2004; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on July 21, 2004, to review the proposed subdivision and considered the staff report and invited testimony and reviewed the requested subdivision in accordance with the policies of the Bullard Community Plan and the 2025 Fresno General Plan. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5302/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIRNo. 10130) issued on May 12, 2004, prepared for Environmental Assessment No. T-5302/C-04-061. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map. No. ,5302/UGM subject to.Section 12-403-8 of the Fresno Municipal Code, is consistent with the.adopted 2025 Fresno General Plan and Bullard Community Plan and the findings required pursuant to Section 66410 et seq. of the Government Code. BE. IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5302/UGM subject to the Planning and Development Department Conditions of Approval dated July 21, 2004 including the following clarification_ 1. The applicant, WCM Land LP, agrees that the subject project would not affect the access road to the San Joaquin River that is adjacent to the subject property on the west. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissier, seconded by Commissioner Vang. b VOTING: Ayes - Kissler, Vang, Brand, Brown, Dibuduo Noes - None Not Voting None Absent - None DATED: July 21, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12045 Vesting Tentative Tract Map No. 5302/UGM Filed by WCM Land LP Action: Approve K`.\Master Files-2004\'CUPs\C-04-061-and T-5302-BS\T-5302 pc reso.No. 12045.wpd 1 ' � Clrye of 1' ���vi� REPORT TO THE PLANNING COMMISSION • AGENDAITEM NO. VI t t-A COMMISSION MEETING JULY Zll Z00q July 21, 2004 ,/!S! _ FROM: STAFF, Planning Division ARTM TOR Planning and Development;epart nt r SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-04-61, VESTING TENTATIVE TRACT MAP NO. 5302/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5302/C-04-61 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5302/UGM, filed by WCM Land LP, proposes to subdivide approximately 6.69 acres of the subject property into a 39-lot single family residential planned development at an overall density of 5.8 units per acre. Conditional Use Permit Application No. C-04-61 is a request to develop a clustered planned unit development with gated private streets, landscaped outlots, reduced lot sizes,and reduced building setbacks. Plan Amendment Application No. A-03-07 and Rezone Application No. R-03-49 were approved by the Planning Commission on April 21, 2004, and by the City Council on July 20, 2004. Plan Amendment Application No. A-03-07 requested a change from the medium-low density residential planned land use designation to the medium density residential planned land use designation. The related rezone application requested to change the property's AE-20/BP/UGM (Exclusive Twenty Acre Agricultural/Bluff Preservation Overlay/Urban Growth Management) zone district to the R-1/BP/UGM (Single-Family Residential/Bluff Preservation Overlay/Urban Growth Management) zone district. The tentative tract map and conditional use permit applications meet the goals and policies of the approved 2025 Fresno General Plan by proposing development that will maximize the efficient use of land and resources with infill residential development within the Bullard Community Plan Area and the Sierra Sky Park Land Use Policy Plan Area. The Bullard Community Plan Advisory Committee reviewed the project on May 10,2004,and recommended approval subject to conditions. These conditions have been incorporated into the conditions of approval. Staff is in support of the applications. PROJECT INFORMATION PROJECT A 39-lot single family residential planned development on approximately 6.69 acres of property to be developed at an overall density of 5.8 units per acre. The planned development will have gated private streets,two landscaped outlots, reduced lot sizes and reduced building setbacks. APPLICANT WCM Land LP (Engineer: Giannetta Engineering) LOCATION East side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff (Council District 2, Councilmember Calhoun ) SITE SIZE 6.69 acres LAND USE Existing - One single family home located on the southeast portion of the subject site. Proposed - Single Family Residential Planned Development ZONING Existing - AE-20/BP/UGM (Exclusive Twenty Acre Agricultural/Bluff Preservation Overlay/Urban Growth Management) Proposed - R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban Growth Management) f i r s REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No.T-5302/UGM July 21, 2004 Page 2 Rezone Application No. R-03-49 (which requested to change from the AE-20/BP/UGM zone district to the R-1/BP/UGM zone district) was approved by the Planning Commission on April 21, 2004, and by the City Council on July 20, 2004 PLAN DESIGNATION Plan Amendment Application No. A-03-07, which was previously AND CONSISTENCY approved by the Planning Commission on April 21, 2004, and by the City Council on July 20,2004,amending the 2025 Fresno General Plan, the Bullard Community Plan, and the Sierra Sky Park Land Use Policy Plan to change from the medium-low density residential planned land use to the medium density residential planned land use with a related rezone application to change the AEr20/BP/UGM zone district to the R- 1/BP/UGM zone district. The proposed R-1 zone district is consistent with the medium density residential planned land use designation. ENVIRONMENTAL FINDING Environmental Assessment No.T-5302/C-04-61,finding that the project proposal is in conformance with the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated May 12, 2004 PLAN COMMITTEE The Bullard Community Plan Advisory Committee recommended RECOMMENDATION approval of this project at the meeting on May 10, 2004. STAFF RECOMMENDATION Approve the tentative tract map application,. conditional use permit application, and the related environmental assessment BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Open Space/Multi-Use AE720/BP/UGM San Joaquin River and Exclusive Twenty Acre Agricultural San Joaquin River Bluff /Bluff Preservation Overlay/Urban Growth Management South Medium-Low Density Residential R-1/UGM Residential Single Family Residential/Urban Growth Management East Medium-Low Density Residential R-1-C/BP/UGM Residential Single Family Residential/Bluff (Under Construction) Preservation Overlay/Urban Growth , Management West Medium-Low Density Residential. R-1/UGM Residential Single Family Residential/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No.T-5302/C-04-61 considered potential environmental impacts associated with the subject tentative tract map and conditional use permit applications. The study indicates that the project, if approved,would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130 subject to the ti , REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No.T-5302/UGM July 21, 2004 Page 3 City Council approval of Environmental Assessment No. A-03-07/R-03-49. Therefore, staff has issued a finding that the project proposal is in conformance with the 2025 Fresno.General Plan Master Environmental Impact Report(MEIR No. 10130)issued May 12, 2004,which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on May 12,2004,with no comments received within the 20-day review and comment period. - BACKGROUND /ANALYSIS Plan Amendment Application No.A-03-07 and Rezone Application No. R-03-49,which changed the planned land use and zone district of the subject site,was approved by the Planning Commission on April 21, 2004, and by the City Council on,June 20, 2004. Plan Amendment Application No. A-03-07 provided for a change of the planned land use from the medium-low density residential (2.19 to 4.98 units per acre) planned land use designation to the medium density residential (4.99 to 10.37 units per acre) planned land use designation. Rezone Application No. R-03-49 requested a change from the AE-20/BP/UGM(Exclusive Twenty Acre Agricultural/Bluff Preservation Overlay/Urban Growth Management) zone district to the R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban Growth Management) zone district. Pursuant to Table 2 "Planned Land Use and Zone District Consistency Matrix"of the 2025 Fresno General Plan,the R-1/BP/UGM zone district conforms to the proposed land use designation of medium density residential. The applicant, WCM Land LP, has filed Conditional Use Permit Application No. C-04-61 and Vesting Tentative Tract Map No. 5302/UGM for 6.69 acres of property located on the east side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff. Vesting Tentative Tract Map No. 5302/UGM is proposing to subdivide the subject property into 39 single family residential lots with 3 outlots at a density of 5.8 units per acre. Conditional Use Permit Application No.IC-04-61 proposes to allow for the development of a planned unit development that will have private streets, reduced lot sizes, reduced setbacks and common open spaces. In accordance with the 2025 Fresno General Plan, it is noted that Goal Number 5 indicates that the city supports the "Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development to utilize urban land use as efficiently as possible while providing.for moderate increases in density. Polices and objective of the 2025 Fresno General Plan clearly identify the.purpose of Appendix A. For example, Land Use/Residential Objective C-10 is to"Promote the development of more compact,pedestrian friendly,single- family residential projects to aid in the conservation of resources such as land, energy, and material." Since this project allows for the-development of more compact single family residences, it will help to accomplish this objective. This project meets many of the goals of the Bullard Community Plan. Section 4.1.2 of the Bullard Community Plan states that one of its goals is to "Provide for a diversity of housing types and housing.opportunities to meet the needs of all ages and income levels" (Page 16). This project is different from the standard single family development because this housing type is geared towards empty nesters and young professionals. The shared open space and smaller lot sizes offer a unique sense of community that is rarely offered in new single family developments. A second goal listed in Section 4.1.2 of the Bullard Community Plan is to "Provide for a compatible relationship between differing housing types and densities" (Page 16). This project, with its smaller lot sizes and reduced setbacks, is a different housing type and density than.the single family development that abuts the project site to the south. The applicant has provided measures that will allow for a compatible relationship between the two developments. First of all, the project site will have a block wall along the south property line; secondly, the number of two story homes along the southern boundary of the project site will be limited;and finally, homes along the south property line will have no second story south facing windows. REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No.T-5302/UGM July 21, 2004 Page 4 The Bullard Community Plan also states that one of its goals, which is listed in Section 4.6.2, is to "Provide adequate on-site usable open space for individual residential projects" (Page 59). This residential project, with its two landscaped outlots and 8 foot side yards, provides ample usable open space for the residents of this development. Bullard Community Plan Advisory Committee On May 10, 2004, the Bullard Community Plan Advisory Committee reviewed the proposed project. The Committeerecommended approval of the project with the condition that the developer agree to limit the number of two story houses located along the southern boundary of the subject property and agree to eliminate second story south facing windows on the homes located along the southern boundary of the subject property. These conditions have been made conditions of approval for Conditional Use Perm it Application No.C-04-61 and Vesting Tentative Tract Map No. 5302/UGM. Water Resources and Public Water Supply The nearest presently available water service line to serve the proposed project is located in North Polk Avenue, adjacent to the site. It has been determined that there is an adequate source of water available to serve the project with the implementation of UGMt service delivery requirements, the water service conditions of approval for Vesting Tentative Tract No. 5302 dated July 21, 2004, and environmental impact mitigation measures. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130,the Water Resources Management Plan,and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable, and sustainable water.supply for the project's urban domestic and public safety consumptive purposes.. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity.of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD)which is sufficient to accommodate continued planned urban development including the proposed project. It has been.determined by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project subject to the implementation of the sanitary sewer conditions of approval for Vesting Tentative Tract No. 5302 dated July 21, 2004. The nearest public sanitary sewer main to serve this project is located in North Polk Avenue, adjacent to the project. Major Street Improvements The street segment of North Polk Avenue between West River Vista Drive and the San Joaquin River Bluff is not planned as a major street. The developer will be required to dedicate and construct improvements including the construction of curb, gutter, sidewalk, and transition.paving along Polk Avenue; construction of an underground street lighting system; and relinquishment of access rights to North Polk Avenue from all residential lots adjacent to this street. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5302/UGM Conditions of Approval dated July.21., 2004. Streets and Access Points The project site has only one point of access. This point of access is North Polk Avenue, which runs along the west property line of the subject site. The Public Works Department, Transportation Planning Section, has REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No. T-5302/UGM July 21, 2004 Page 5 reviewed the conditional use permit and tentative tract map applications. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated. Landscaping/Walls The developer will be required to install 10 feet of landscaping along North Polk Avenue. In addition,the applicant will be required to install a solid wall at the rear of the required landscape setback which will mitigate the adverse effect of noise generated by vehicles traveling on this street. All landscaping shall be in substantial conformance with Exhibits "L-1"and "L-2" dated March 17, 2004. Open Space Since this project is a clustered planned development, the Fresno Municipal Code, in Section 12-306-N-21-c-2, requires that 25 percent of the site area be usable open space for residents of the development. Over 25 percent of site of Vesting Tentative Tract Map Application No. 5302 and Conditional Use Permit Application No. C-04-61 is considered usable open space. The Fresno Municipal Code also requires that a minimum of 40 percent of this required 25 percent usable open space be developed with gardens,turfed play fields, hard surfaced game courts, recreation rooms,swimming pools,orotherfeatures designed forthe exclusive active recreational use of residents of the development. The two landscaped outlots, B and C, indicated on the tentative tract map, in addition to the two landscaped areas adjacent to lots 30 and 35, comprise more than 40 percent of the required 25 percent open space. These areas are intended to be used as common recreational open space for the residents of the development and will include walkways and Landscaping. San Joaquin River Bluff Preservation The project site is located within 300 feet of the toe of the San Joaquin River Bluff and falls within the BP (Bluff Preservation Overlay) zone district. This river bluff may pose certain restrictions to residential development as the bluff may be geologically unstable in certain, although limited, areas. Also, the San Joaquin River Bluff has been deemed to be aesthetically desirable and is to be maintained in its natural state. Thus,the Fresno Municipal Code, the 2.025 Fresno General Plan,and the Bullard Community Plan establish policies that help to preserve the integrity of the San Joaquin River Bluff and also to reduce any potential hazards to residential development. One such requirement mandated in Section 12-243 of the Fresno Municipal Code is the Bluff Zone Soils Study. The Conditions of Approval for Vesting Tentative Tract Map No. T-5302/UGM required the applicant to have an engineer submit a soils report which certifies that the proposed project will not cause any damage to the bluff face. Lot Dimensions The R-1/BP/UGM zone district requires minimum lot sizes of 6,000 square feet. However, since this is a clustered planned development, there is.no minimum lot size as long as the project is within the density of the designated planned land use. The medium density residential planned land use designated for this site(with the approval of Plan Amendment Application No. A-03-07)allows for the development of this site at a density of 10.37 units per acre. This project proposes to develop this site at a density of 5:8 units per acre. If the lots were spread out over the.site and there was no common open space,the lots could potentially be over 7,000 square feet in area. Thus, although the lots are small in comparison to the standard R-1 lot, the site as a whole is not over built, but instead the single family homes are clustered in order to provide for common open space. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan, the Sierra Sky Park Land Use Policy Plan and Bullard Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. J 1 A REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No.T-5302/UGM July 21, 2004 Page 6 Conditional Use Permit Application Findings Conditional Use Permit Application No. C-04-61 proposes the development of a 39-unit single family residential clustered planned development on the subject property. The project will be gated with private streets, two landscaped common open space outlots, reduced lot sizes and reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this.Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards,spaces,walls and fences,parking, loading, recycling areas, landscaping, and other required features;and, IRE oposed medium density residential planned land use and the R-1/BP/UGM zone district for the development of this 39-lot single family residential planned development. In n, the applicant will be required to provide adequate landscaping, parking, fences, street tcetera. Oil 1 5:11111111 11 b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;and, The Public Works Department Traffic Division has indicated that the traffic generated from the proposed project can be.accommodated by the existing circulation network. c. The proposed use will not be_detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Upon completion of review of comments received by affected parties regarding the proposed project and based upon information contained within the project application, the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map,together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2-5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No. T-5302/UGM July 21, 2004 Page 7 1. The proposed subdivision map,togetherwith its design and improvements, is consistent with the City's 2025 General..Plan, the Sierra Sky Park Land Use Policy Plan, and the Bullard Community Plan. Subject to Section 12-403-B of the Fresno Municipal Code,the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of .approval will ensure adequate access and drainage on and off the site. 3. -The proposed subdivision design and improvement 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. Although the property is located-adjacent to the San Joaquin River Bluff, subject, to the mitigation measures in Environmental Assessment No. A-03-07/R-03-49 and Environmental Assessment No.T-5302/C-04-61,this project will not cause any damage to the San Joaquin River Bluff or San Joaquin River. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will ensure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides,.to the.extent feasible, for future passive and natural heating or cooling opportunities in the.subdivision, because of the.appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can.be,made. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated April 21,2004, indicating that this proposed project,in and of itself, is not expected to create significant impacts to the state highway system. It is 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 toward mitigating the impact)required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other 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 REPORT TO THE PLANNING COMMISSION Conditional Use Permit No. C-04-61 Vesting Tentative Tract Map No. T-5302/UGM July 21, 2004 Page 8 in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessaryto 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. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No.5302/UGM dated April 16, 2004,and the Conditions of Approval for T-5302/UGM dated July 21, 2004. 2. Development shall take place in accordance with Exhibit "A" dated March 17, 2004, of Conditional Use Permit Application No. C-04-61 and Conditions of Approval for Conditional Use Permit Application No. C-04-61 dated July 14, 2004. Planning Commission action on the proposed tentative tract map and conditional use permit, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION 1. APPROVE Environmental Assessment No. T-5302/C-04-61 issued May 12, 2004 2. APPROVE Vesting Tentative Tract. Map No. 5302/UGM subject to compliance-with the Conditions of Approval dated July 21, 2004. 3. APPROVE Conditional Use Permit Application No. C-04-61, subject to compliance with the Special Permit Conditions of Approval dated July 14, 2004. K:\Common\Master Files-2004VCUPs\C-04-061-and T-5302-BS\T-5302,C-04-061-RPC.wpd Attachments: Vicinity Map 1999 Aerial Vesting Tentative Tract Map No. 5302/UGM dated April 16, 2004 Exhibits A, L-1, L-2, E-1, E-2, E=3, E-4, E-5, E=6, E-7, and E-8: of Conditional Use Permit Application No. C-04-61 dated March 17, 2004 Conditions of Approval for T-5302/UGM dated July 21, 2004 including letters and memoranda from the following agencies: Solid Waste Division(May 13, 2004), Parks Department(April 19, 2004 and revised May 6, 2004)Fresno Metropolitan Flood Control District(May 12, 2004),and San Joaquin Valley Air Pollution Control District(May 5, 2004) Special Permit Conditions of Approval for Conditional Use Permit Application No. C-04-61, dated July 14, 2004, including a memorandum from the Fresno Fire Department dated April 28, 2004 Letter from Caltrans dated April 19, 2004 Environmental Assessment No. T-5302/C-04-61, a Finding of Conformity issued May 12, 2004 FBP-U.G.M. -W; Subject l� Property affaw � r r j %zz t . �/ �/i N 7 lot ��'• •O ■ " 1 • W FAL 1• _ M at • a s = a s a n � s � � s ' 35 7. • ' ?, t• � at •• � s Y_ n n » N n � f . 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I 10 In if a J L N I r„ 1 ly i f su: --------_-------------------- 30N3AY NY]d WHOM to ' r 1/ ti r• � a o. —— � O c O cn ctLU LU - Q a a i n 1 W � O 0LUw W Z W LL O >y IL � v CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL July 21, 2004 VESTING TENTATIVE TRACT MAP NO. 5302/UGM East side of North Polk Avenue between West River Vista Drive and the San Joaquin River Bluff All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees,dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval of Vesting Tentative Tract Map No. 5302/UGM dated April 16, 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 Planning and Development Department for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. � i CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 2 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 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 fumish 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. On Exhibit "A" dated April 16, 2004, Outlot "A" shall be used for access, landscaping, public utilities, and parking only. Outlot"B" shall be used for landscaping and recreational purposes only. Outlot "C" shall be used for landscaping and recreational purposes only. 10. Relinquish access rights to North Polk Avenue and Outlot "A" from the westerly property lines of all residential lots which abut this street (Lots 1, 2, 38 and 39). Ref. Section 12-1011-f-3 of the Fresno Municipal Code. Landscapinq and Walls 11. Pursuant to Bullard Community Plan Policy No. 4.6.3-7 the developer/owner shall designate and develop at least 25 percent of the total project area for public or private open space such as community recreation or passive open space. Since this project is a clustered planned development, the Fresno Municipal Code, in Section 12-306-N-21-c-2, also requires that 25 percent of the site area be dedicated for usable open space for residents of the development. a . • CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 3 12. Provide a 10-foot landscape strip (and irrigation system)along the rear property lines of all lots which back-onto North Polk Avenue. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 13. It is required that all landscaping, including the landscape strip along North Polk Avenue, be maintained by the homeowner's association. 14. The property owner/developer shall create a homeowner's association for the maintenance of the landscape areas and proposed private streets, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's)and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&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 6-foot high solid masonry wall along the rear or side property lines of all lots which back onto.North Polk Avenue (Outlot A)and along the southern boundary of Tentative Tract 53.02 (solid walls 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. 17. Provide a "gated entry" detail to the City of Fresno Public Works Department for approval. Building Setbacks 18. Building setback lines shall be as shown on Conditional Use Permit Application No. C-04-061 Exhibit"A" dated March 17, 2004. Sierra Sky Park Airport 19. Submit a "Deed of Avigation and Hazard Easement"for recording with the final map. The easement shall extend over the entire subdivision and the easement surfaces shall be based on Part 77 of the Federal Aviation Regulations. 20. Provide an acoustical analysis showing that the dwelling unit construction will limit interior noise levels from the airport operations to 45dB or below. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 4 Bluff Preservation Overlay District Requirements 21. Pursuant to Section 12-243.3—M-1 of the Fresno Municipal Code, prior to Final Map approval, a Soil Investigation and Evaluation Report to determine geologic impact standards necessary to mitigate geological and soils hazards shall be made and certified by the engineer preparing the report and grading plan, pursuant to Section 12-1022(e). 22. Pursuant to Section 12-243.5-B-4 of the Fresno Municipal Code, no grading shall be permitted within the River Bluff Influence Area without prior approval by the Planning and Development Department Director of a Zone III Soils Study submitted and prepared in accordance with Section 12-1022 (e). The Zone 11 study is required prior to final_map approval. 23. No grading of the bluff face shall be permitted without a grading deviation approval by the City Council. 24. Before any building or structure is erected or any grading is commenced on any property in the BP (Bluff Preservation) zone district, a site plan review application shall be approved by the Planning and Development Director. Submitted Conditional Use Permit Application No. C-04-61 will meet this provision of the Fresno Municipal Code. Reference Section 12-243.4-A. 25. Streetlights and all exterior lighting shall be directed away from the riverbottom as much as possible. 26. The design and orientation of structures,walls, and fences shall be in keeping with the natural character of the Bluffs. 27. No storm water runoff or any other drainage or runoff resulting from development shall be permitted to drain over the Bluff Face. 28. No swimming pool or decorative pool shall be constructed without approval by the Director of a drainage system for the pool which causes drainage away from the Bluff Face and prevents any drainage over the Bluff. Information 29. Vesting Tentative Tract No. 5302 is subject to Council approval of related Plan Amendment Application No. A-03-07 and Rezone Application No. R-03-49 and subject to Planning Commission approval of related Conditional Use Permit Application No. C-04-61. 30. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 31. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 5 32. 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. 33. 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. 34. Prior to final map approval, the developer/owner shall obtain written confirmation from the California Regional Water Quality Board that the remediation activities on the site are complete and the potential threat to either human health or the environment is no longer present. 35. 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: 5597268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriffs Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number: 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/ Southern San Joaquin Valley Information Center(phone number: 805-644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 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. 36. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel, or interest will be divided; CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 6 b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and, c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. - 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. 37. 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. SOLID WASTE DISPOSAL 38. Solid waste disposal for the subdivision shall be provided by the City of Fresno in accordance with the attached memorandum from the Solid Waste Division dated May 13, 2004. PARK SERVICE 39. The developer/owner shalt complywith the requirements in the attached memorandum from the Parks Division dated April 19, 2004, and revised May 6, 2004, for Vesting Tentative Map No. 5302/UGM. Urban Growth Management Requirements 40. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 41. Fire service will be provided by County of Fresno Fire Station No. 14. Provide residential fire hydrants and fire flows per Public Works Standards with two sources of water(1500 UPM minimum). 42. North Polk Avenue is the only point of access to the.development and a second point of access is required. In lieu of the second point of access, all structures shall be provided with fire sprinklers. 43. A second point of water connection will be necessary to provide adequate fire flow for fire hydrants and fire sprinklers. 44. Covenants requiring the sprinklers shall be filed for each parcel. CONDITIONS OF APPROVAL Vesting Tentative Map No: 5302/UGM July 21, 2004 Page 7 Urban Growth Management Requirements 45. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 46. The subdivider shall furnish to the city acceptable security to guar-antee 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. 47. Street Improvement Plans, prepared by a registered Civil Engineer are required. Signing and Striping plans are to be submitted as part of the Street Improvement Plans. A complete set of plans must be submitted to the Public Works Department, Engineering Division, Plan Check, and GIS Mapping Section, (559) 621-8682, prior to issuance of building and street work permits. (Signing and Striping plans must conform to the current Caltrans Standards). 48. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk`area(fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to.accommodate for the 4-foot minimum.unobstructed path requirement: 49. Install wheelchair ramps at locations noted on Exhibit "A" of Conditional Use Permit Application No. C-04-61 dated March 17, 2004. 50. All of the required street improvements shall be constructed and/or installed in accordance with the.City of.Fresno Standard Specifications (2004 Edition) 51. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 52. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract.. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the city, the street lighting system shall be dedicated to the city: Submit engineered construction plans to the Public Works Department for approval. 53. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. • CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 8 54. Dedicate a pedestrian easement across the private entry. Streets North Polk Avenue 55. Dedicate a 25-foot to 38-foot easement for public street purposes along North Polk Avenue within this subdivision,as shown on Exhibit"A" of Conditional Use Permit Application No. C-04-61 dated March 17, 2004. 56. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 7-foot residential pattern. 57. Construct an underground street fighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for local streets. Interior Private Streets 58. Construct 18 feet of permanent paving along both sides of the street within the limits of this subdivision. 59. Construct an underground street lighting system to Public Works Standards E-2 within the limits of the this subdivision. Spacing and design shall conform to Public Works Standard E-9 for local streets. Urban Growth Management Requirements 60. The project site is located within the,C/D-2 Urban Growth.Management.(UGM) area. Pay all.fees at the time of issuance of building permits. The UGM Fee obligations for this development will be computed during the building construction plan check process. SANITARY SEWER SERVICE The nearest existing sewer capable of serving the project is a 6-inch sewer main in North Polk Avenue, west of the subject property., The following conditions are required to provide sanitary sewer service to the tract. 61. Sanitary sewer main shall be extended from North Polk Avenue east within the proposed tract to provide sewer service to each lot created. 62. Separate sewer house branches shall be provided to each lot created within the subdivision. 63. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 9 64. Dedicate a public utility easement along the entire 37-foot street section of Outlot"A"for the required water main extensions. 65. Abandon all existing septic systems within the proposed project area. 66. A preliminary sewer design layout shall be submitted for review and Department of Public Utilities approval prior to submitting engineered improvement plans for city approvals. 67. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the city sanitary sewer system. Urban Growth Management Requirements 68. The following sewer connection charges are due and shall be paid for the project: - Sewer Lateral Charge - Oversize Sewer Charge -Trunk Sewer Charge: Grantland -Wastewater Facilities Charge WATER SERVICE There is an existing 6-inch water main in North.Polk Avenue, adjacent to the subject site. The following conditions are required to provide water service to the subdivision. 69. Construct an 8-inch water main paralleling the existing 67inch main in North Polk Avenue from West River Vista Drive north to the development. The 8-inch main shall be looped though the development and tied to the existing 6-inch main in.North.Polk Avenue. 70. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 71. Separate water services with meter boxes shall be provided to each lot created. 72. 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. 73. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 74. Dedicate a public utility easement along the entire 37-foot street section of Outlot "A" for the required water main extensions. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 10 75. The subdivider shall pay the appropriate fee for installation of water service and/or water meters. 76. Installation of public fire hydrant(s) is required in accordance with city standards. 77. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City Water System. 78. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of-Fresno standards. Urban Growth Management Requirements 79. Payment of appropriate water connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 80. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process(with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State law as related to vesting tentative tract maps. , 81. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 82. 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. A CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 11 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 83. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 84. 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 May 12, 2004. 85. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporaryponding 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. AIR QUALITY 86. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated May 5, 2004, for Vesting Tentative Map No. 5302/UGM. DEVELOPMENT FEES AND CHARGES 87. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE RATE a. Street Tree Landscape Plan Review fee $56.00 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 12 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 Rates increased as of March 1, 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) I. Oversize Charge $0.05/sq. ft. (to 100-foot depth) j. Trunk Sewer Charge $496/living unit Service Area:Herndon 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 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5302/UGM July 21, 2004 Page 13 r. UGM Water Supply Fee $354/living unit Service Area: 201-S S. Well Head Treatment Fee 0 Service Area: 201 t. Recharge Fee 0 Service Area:201 u. 1994 Bond Debt Service 0 Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE V. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* W. UGM Fire Station Capital Fee $547/gross acre Service Area: 14 X. UGM Park Fee $1695/gross acre Service Area: 5 Y. Major Street Charge $1930/adj. acre Service Area: C/D-2 Z. Major Street Bridge Charge $65/adj. acre Service Area: C/D-2 aa. Traffic Signal Charge $860/adj. acre bb. UGM Grader Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge n/a KXommonWaster Files-2004\'CUPs\C-04-061-and T-5302-BS\T-5302 COA.wpd City of IE i I'Ag Department of Public utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov May 13, 2004 TO: Bonique Salinas, Planner I Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations _ Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5302, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5302, which was submitted by Gary Giannetta. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5302 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day,before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Special Conditions: • Developer shall provide 18' feet of unobstructed clearance in the entrance/exit and along the path that the solid waste truck must travel to service the containers. • There shall be no parking allowed in the cul-de-sac on the solid waste service day. Lots 17 and 18 shall be clear of all vehicles before 6:00 a.m. J:\Conditions of Approval_TT5302.wpd T5302 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO: BONIQUE SALINAS, Planner I Planning Division FROM: Pete Rocco,Parks Supervisor II, (559.621.2925) DATE: April 19, 2004; Re_u,.s,--d = `E��'6`D-54— Subject: Tentative Subdivision Map T-5302/UGM Zone# 5 The Parks, Recreation and Community Services Department has reviewed the Tentative Subdivision Map proposed by WCM LAND,L. P., on plans prepared by Gary Giannetta, Engineer. Parks offers the following comments regarding the street tree, buffer/parkway strip, and trail conditions ... 1. STREET TREE REQUIREMENTS THIS REQUIREMENT IS ONLY ON NORTH POLKA VENUE. A. Street trees shall be planted at the rate of one tree for each 60'of street frontage. The subdivider is required to provide street trees on all public street frontages and the dedication of applicable planting and buffer landscaping easements. The subdivider is required to provide automatic drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: On North Polk Avenue only.The interior streets are private. Parks Department shall review a Landscape Plan when it is submitted and the Street Tree varieties will then be determined. Z. BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS A. The subdivider is required to provide long term maintenance for the landscape in the landscape easements, and public rights-of-way on the North Polk Avenue side. The subdivider may do this by petitioning to annex into the maintenance district,(CFD2). Or see SPECIAL NOTE below on Page number 2. B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Parks Division for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Public Works Departments street construction plan set for the final.map. Fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the citys Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2; 1990. Landscape and irrigation plans shall comply with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed Parks Department comments Tentative Tract Map T-5302 Revised MAY fi 2004 page 2 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 Owner.Association for the long term provision of maintenance of the landscape buffers and rights-of-way. SPECIAL NOTE: It is highly recommended that the landscaped buffer portions on North Polk Avenue be included as part of the homeowners' maintenance association r�, Parks,Recreation and Community Services Department MAY 6,2004 T-5302 Page 3 3. UGM REQUIREMENTS The project is in UGM Zone# 5. Please assure that all Parks UGM fees are collected as allowed by FMC. The nearest regional park to the site is Woodward Regional Park. . The nearest neighborhood park is Orchid Park, located at 3420 West Fir Avenue. (N. Valentine and W. Spruce)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 Rind#10101 Org#17050) 2. Collect of 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#10 10 1 Org#17050) 4. Collect the CFD Field Inspection fee of$305.00 FY2002 rates)(Acct.(Acct#34599 Fund#10101 Org#17050) Should the project be phased, separate plan check and inspection fees shall be collected for each phase. A re-inspection fee of$29.00/hour shall be charged when the landscape(and all associated work, including irrigation) fails to pass inspection and requires a re-inspection by city staff. File No.?10.4 13 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager WCM LAND, L.P. Planning & Development Department C/O S. THOMAS McLAUGHLIN C City of Fresno 7259 N. STREET, STE. 101 2600 Fresno Street FRESNO, CA 93720 Fresno, CA 93721 PROJECT NO. 2004-061 PRELIMINARY FEE(S) (See below) DRAINAGE AREA " EK - DRAINAGE AREA EK " $28,730.00 DATE j 12�b'j DRAINAGE AREA - APN 502-020-09, 42 TOTAL FEE $28,730.00 ADDRESS 7800 N. POLK 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 District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior t O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is va�a eb29, 20 04 based on the site plan submitted to O the District on 04/19/04 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which.may affect the fee obligation(s) or the timing or form of fee payment: O 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. 2004.061 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document • FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to Polk Ave. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master flan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water & Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the . Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 2004.061 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board), z develop and implement a storm water pollution prevention plan, eliminate non-storm O water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, o 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 O 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. zoos-obi 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of I'equirements. g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. 6,eralcTE. Lakem Proje Engineer: Jamie Miller District Engineer, Assistant General Manager C: GARY GIANNETTA 1119 "S" STREET FRESNO, CA 93721 2004-061 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to recording of the final map. No surface run-off shall be directed towards the bluffs. Development No. CUP 2004-061 enptpermit\exhibit2\city-cup\2004\cup 2004-0610m) s . r Y ' Y San .Joaquin valley Air Pollution Control District May 5, 2004 Reference No. 241 DEV2004 Bonique Salinas Planning & Development 2600 Fresno St., Third Floor Fresno, CA 93721-3604 MAY 0 6 2004 Subject: T-5302, C-04-61 —7800 N. Polk Avenue Planning Division ._Development Department CITY OF FRESNO Dear Ms. Salinas: The San Joaquin Valley Unified Air Pollution Control District (District) has previously commented on this project (District Reference Number 515DEV2003, Sent October 9, 2003, for City of Fresno Project A-03- 07, R-03-49). The District offers the following comments in addition to previous comments. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified, ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. The City of Fresno.and the applicant should be aware that District rules and regulations are periodically updated and revised. The project will be subject to current rules at the time of development. The following items are rules that have been changed since the District's previous comments, and are required. Current District rules can be found at htto://www.vallevair.org/rules/1 ruleslist.htm. This project may be subject to additional District Rules. District Rules 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and District Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. District Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A construction assistance bulletin has been enclosed for the applicant. Please be advised that the District is currently amending Regulation VIII and anticipates implementing revised requirements on or about October 1, 2004. If construction were to Ms. Salinas May 5,2004 T-5302, C-04-61 Page 2 commence on or after October 1, 2004 the applicant should contact the District to determine where requirements may have changed and how rule changes may affect the project. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City/County development standards. Any measure selected should be implemented to the extent possible.) The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. A brochure has been included for the applicant. See http://www.coolcommunities.or-q http://www.lqc.org/bookstore/energy/downloads/siv-tree guidelines.pdf htti)://www.urbantree.org • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Pedestrian and bike- oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be.-easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include (but are not limited to): Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or coated) High-albedo (reflecting) roofing material. See http://eetd.lbi.gov/coolroof/ Radiant heat barrier. See http://www.eere.energy.00v/consumerinfo/ref brief s/bc7.htmI Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/ Energy efficient lighting and appliances. See http://www.energyst_ar.gov/ Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters) Energy efficient heating/cooling systems (such as radiant heating system) Install solar water-heating system(s) Programmable thermostat(s) for all heating and cooling systems Awnings or other shading mechanism for windows Porch/Patio overhangs Ceiling fans, whole house fans Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) Orient the unit(s) to maximize passive solar cooling and heating when practicable Utilize passive solar cooling and heating designs. See http://www.eere.energv.aov/RE/solar passive.html - Utilize natural lighting systems (such as interior transom windows, skylights, etc.) - Install photovoltaic cells on roof{s) or other appropriate surfaces - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of traditional open-hearth fireplaces) f • Ms. Salinas May 5, 2004 T-5302, C-04-61 Page 3 - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) More information can be found at: http://www.lgc.org, http:Hwww.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.htmI http://www.ciwmb.ca.gov/GreenSuilding/ • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.orq/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Require construction equipment used at the site to be equipped wig catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. - Use alternative fuel construction equipment. - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). - Install wind breaks on windward sides of construction areas. - Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. - Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call Mr. Hector R. Guerra, Senior Air Ouality Planner, or myself at 230-5800 and provide the reference number at the top of this letter. Sincerely, Chrystal Meier CEOA Commenter Central Region Enclosure c:file i San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites Regulation Vill, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that.generate fugitive dust. Fugitive dust is emitted to the air from open ground or caused by activities such as excavation., transporting bulk materials, or travel on unpaved surfaces. "PM10" is'a term applied to small sized particulate matter- microscopic dust particles - in the air. The San Joaquin.Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002. The following dust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE opacity of 20% means the amount of dust that would obstruct the view of an object by 20%. Soil stabilization. Soil stabilization is required at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left.unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and test methods are in Rule 8011 — Genera!Requirements. Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and Trackout. Carryout and trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The recommended clean- up methods include manually sweeping, sufficiently wetting the area prior to mechanical sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700 'M'Street, Suite 275 Modesto, CA 95336-9321 Fresno, CA 93 72 6-0 244 Bakersfield, CA 93301-2370 (209) 557-6400 + FAX(209) 557-6475 (559) 230-6000 + FAX(559) 230-6062 (661) 326-6900 + FAX(661) 326-6985 c E CD CD (D r. < S O O O CD .• CD CD '-' N CD CD O K - v'- a) O VIP 3 � c Cm] (] CC m d CSn O4 O m Cv CD VIP S 3 � F-` CD j ,-. a 7C W $ m C 0 cD a o N N o o �` m o p m Y o S _cr 0' _ 7 ,-. CD CD o CD a > 7 O N O 0 D4 O OR c W N o, O a =� S * m o c `CD o as n 3 m Y a in - - > > CD < CD (D O O (D 0 0 O C7: N (D (D C (D (D S (D O m r. 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N 0 C9 Q• C9 < C7 :rO d CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT SPECIAL PERMIT CONDITIONS OF APPROVAL Application No. C-04-61 July 14, 2004 PART A- PROJECT INFORMATION Assessor Parcel Nos. 502-020-09, 42 Street Location East side of North Polk Avenue, between West River Vista Drive and the San Joaquin River Bluff. Zoning Existing: AE-20/BP/UGM Proposed: R-1/BP/UGM Project Description A 39-lot single family residential planned development on approximately 6.69 acres of property to be developed at an overall density of 5.8 units per acre. The planned development will have private streets, two landscaped outlots, reduced lot sizes and reduced building setbacks. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission, on July 21, 2004, will consider the special permit application subject to the enclosed list of conditions and Exhibit "A" dated March 17, 2004. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health,safety,and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading"Part F-Miscellaneous"and may be appealed. All code requirements, however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 2 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original conditional use permit exhibits (dated March 17, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and . irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Project Evaluation Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation. plans stamped by the Planning. Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance.of building permits. The final approved site plan.mustalso include all corrections identified.in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Pleasecall for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Bonique Salinas at 559/621-8044. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 3 This notice does not apply to those fees,.dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLICIMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site.conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to David Padilla at 559/621-8798 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs(e.g."Entrance,""Exit,""Right Turn Only," "One Way,".handicap signs, etc.).as determined by the City Traffic Engineer and as noted on Exhibit A dated March 17, 2004. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-34, P-35 & P-36 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the.Planning and Development Department, Building & Safety Services Division prior to the commencement of work. PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: - Sierra Sky Park Land Use Policy Plan - Bullard Community Plan - Medium Density Residential Land Use - Planned Development Section of the Fresno Municipal Code (Section 12.306-N-21) ZONING 2. Development is in accordance with the proposed R-1/BP/UGM zoning. POPULATION DENSITY (Residential Proiects) 3. The proposed density is approximately 5.8 dwelling units per acre. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 4 LOT AREA . 4. Each lot shall have a minimum area as shown on Exhibit"A" dated March 17, 2004. BUILDING HEIGHT 5. The maximum allowable building.height is 30 feet. The proposal is within the required height. EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living -dr floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 6. Lots 1 through.18 shall have a minimum rear yard building setback of 10.5 feet from the property line., All other setbacks shall be in compliance with the setbacks shown on Exhibit "A" dated March 17, 2004. 7. No structures shall be constructed within 50 feet of the Bluff Edge as indicated on Exhibit"A" dated March 17, 2004. 8. The 4-foot easements shown along the.side property lines of the majority of the lots on Exhibit"A" dated March 17, 2004, are intended to be used by the adjacent property owner so that each lot has at least one usable 8-foot side yard. No structures are allowed to be constructed within this 4-foot easement. 9. Final landscaping plans must be in substantial conformance with Exhibits "L-1" and 1-2 dated March 17, 2004. 10. Provide the following minimum landscaped areas: a. 10 feet along North Polk Avenue. b. Outlot B as shown on Exhibit"A" dated March 17, 2004. C. Outlot C as shown on Exhibit"A" dated March 17, 2004. d. Area to the west of and adjacent to lot 30 labeled "landscaping" on Exhibit "A" dated March 17, 2004. e. Area to the east of and adjacent to lot 35 labeled "landscaping" on Exhibit "A" dated March 17, 2004. No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes,transformers,meters, piping(excepting the backflow prevention device)etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 5 11. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) FENCES. HEDGES, AND WALLS 12. Walls.and gates shall be in compliance with Exhibits"A" and "L-2" dated March 17, 2004. 13. Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning-due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. PARKING 14. Provide a minimum of 20 guest parking spaces within the private street(Outlot"A")of Exhibit"A" dated March 17, 2004. ACCESS 15. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-53&UGM dated July 21, 2004. COVENANTS AND AGREEMENTS 16. The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. 17. Submit deed restrictions or covenants restricting exterior colors.and construction materials to those compatible with natural bluff environment and with the surrounding development as required by Section 12-243.7-C of the Fresno Municipal Code. 18. A covenant requiring that every structure within the subject project area be fire sprinklered is required prior to final map approval. (Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the fee indicated below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits.) OUTDOOR ADVERTISING 19. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for separate Sign Review. Please note that any signs in the Bluff Preservation Overlay District are subject to-Site Plan Review pursuant to Section 12-406 of the Fresno Municipal Code. Contact Public Services for information at 559/621-8277. (include this note on the site plan.) Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 6 BUILDING ELEVATIONS 20. All houses in the subject planned development shall be in compliance with elevations shown in Exhibits E-1, E-2, E-3, E-4, E-5, E-6, E-7, and E-8. 21. Two story homes on the southern boundary of the subject property shall be limited to lots 4, 8, .and 18 of Tentative Tract No. 5302. 22. The two story homes on the southern boundary of subject property shall not have any south facing second story windows. Bluff Preservation Overlay District Requirements 23. Pursuant to Section 12-243.3—M-1 of the Fresno Municipal Code, prior to Final Map approval, a Soil Investigation and Evaluation Report to determine geologic impact standards necessary to mitigate geological and soils hazards shall be made and certified by the engineer preparing the report and grading plan, pursuant to Section 12-1022(e). 24. Pursuant to Section 12-243.5-B-4 of the Fresno Municipal Code, no grading shall be permitted within the River Bluff Influence Area without prior approval by the Planning and Development Department Director of a Zone III Soils Study submitted and prepared in accordance with Section 12-1022 (e). The Zone II study is required prior to final map approval. 25. No grading of the bluff face shall be permitted without a grading deviation approval by the City Council. 26. Before any building.or structure is erected or any grading is commenced on any property in the BP (Bluff Preservation) zone district, a site plan review application shall be approved by the Planning and Development Director. Submitted Conditional Use Permit Application No. C-04-61 will meet this provision of the Fresno Municipal Code. Reference Section 12-243.4-A. 27. Streetlights and all exterior lighting shall be directed away from the riverbottom as much as possible. 28. The design and orientation of structures, walls, and fences shall be in keeping with the natural character of the Bluffs. 29. No storm water runoff or any other drainage or runoff resulting from development shall be permitted to drain over the Bluff Face. 30. No swimming pool or decorative pool shall be constructed without approval by the Director of a drainage system for the pool which causes drainage away from the Bluff Face and prevents any drainage over the Bluff. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 7 PART E - CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements of the attached Fire Department Fire Hydrant and Access memorandum dated. April 28, 2004. (Contact Fire Prevention, 559/621-4000 for further information.) FLOOD CONTROL REQUIREMENTS 2. Comply with the attached Fresno Metropolitan Flood Control District memorandum dated May 12, 2004. (Contact Fresno Metropolitan Flood Control District at 559/456-3292 forfurther information.) NOTE: The U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for all industrial uses listed in Attachment C provided by FMFCD and for any construction site of five or more acres of land. It is the property or business owner's responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55. No. 222 of the Federal Register. 3. A $28,730.00 FMFCD drainage fee must be paid prior to issuance of building permits. SOLID WASTE 4. Comply with the attached memorandum from the City of Fresno Department of Public Utilities, Solid Waste Division dated May 13, 2004. SCHOOL FEES 5. School fees must.be paid prior to issuance of building permits. (See the attached letter from Central Unified School District for further details.) Provide proof of payment(or no fee required) prior to.issuance of building permits. STREET TREE REQUIREMENTS 6. Complywith Parks Division street tree requirements, perSection 11-304, Fresno Municipal Code; see attached memorandum, dated April 19, 2004, and revised May 6, 2004. (Only the Parks Division shall plant street trees in the parkway space between curb alignment and property line. Notify Parks Division 72 hours prior to pouringconcrete for sidewalk.) For further information contact Parks Division at 559/621-2903. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 7. Comply with attached San Joaquin Valley Air Pollution Control District letter dated May 5, 2004. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 8 PART F-MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction; work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission,(Phone:.916/653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the.Planning and Development Department Director within 15 days. KACommon\Master Files-2004VCUPs\C-04-061-and T-5302-BS\C-04-061-C0A.wpd S FRESNO FIRE DEPARTMENT FPB-42 FIRE HYDRANT AND ACCESS REQUIREMENTS APPLICATION NO. — 6)+ DATE '_Z do —© LOCATION __7 -POO NPO n O k REVIEWED BY E HYDRANTS 1. 0 Developer must install on-site hydrant(s). See plan for location(s). Provide fire hydrant flow of 1500 GPM [ ] 2500 GPM 8"water main minimum. 2. ❑ Public street hydrant(s) must be installed. Coordinate street hydrant locations with Public Works. 3. Fire hydrants shall be tested and approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The 4-1/2"outlet shall face the access lane. ACCESS GENERAL: 4. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. 5. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 6. ❑ All openings in the perimeter of a building shall be accessible.from within 150 feet of a public street or private driveway. 7. ❑ Loading Zones shall not be located in required fire lanes. 8. ❑ Where buildings or portions thereof are more than 35 feet in height, an aerial truck setup area shall be located adjacent to at least one side of such buildings. Aerial truck setup areas shall be minimum width of 30 feet wide for not less than 60 feet when part of through fire lanes 9. ❑ Aerial truck setup areas, as described in No. 8 above, shall be provided adjacent to at least two sides of buildings more than 35 feet in height that exceed 150 feet in length or width. 10. All private streets and driveways that are provided for common access,and are required for Fire Department access,shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. -TFw_ Game, 3G 4_e4— cum-- 4-o cut,(,-. 11. Streets h ghIig?t,lJop prA/ (( i 6 n S0r^, 1 �hteon Ian shall be identified as fire lanes as provided in the California Vehicle Code,Section 22500.1. Designate highlighted curbs as fire lanes(red curb with"Fire Lane"in 3"white letters every 50 feet or approved signs every 50 feet). 12. Provide sign(s) (17"X 22" minimum) at all public entrance drives to the property, which state, "Warning - Vehicles stopped, parked, or left standing in fire lanes will be immediately removed at owner's expense - 22658 California Vehicle Code- Fresno Police Department 498-1414." 13. ❑ Turns in private drives and intersecting drives shall have a minimum 34 foot centerline turning radius. 14. ❑ Turns in private drives for aerial truck access, required in No. 5 above, shall have a minimum 44 foot centerline turn radius. (over) / t %'i ATE OF CALIFORNIA—BUSINESS TRANSSPORTAT SND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govemor I,)EPARTMENT Off` TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 -- � � April 19, 2004 nttri G�Ev9�t�T Q_E�IaT ��6'� 2131-IGR/CEQA 6-FRE-99-30.2+/- C-04-61 & T-5302 Ms. Bonique Salinas City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Ms. Salinas: We:have -reviewedthe use`>permit and_'tract map;=for- the proposed 3 9-unit singe-family residential-project on the east side"of=North'-Polk Avenue,.-between West River Vista-rand the San Joaquin Bluff. Cal&aiis has the.following comments:- .,..-..- The .. .The proposed project, in and of itself, is not expected to create significant impacts to the State Highway System. However, the City should be aware that continued development has the potential to create cumulatively significant impacts to both transportation and air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating these impacts. The City should consider a transit alternative for this project. While the project is small, combined with other projects in the vicinity, there would be sufficient residential units 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.0f the permanent public 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. "Caltrans improves mobility across California" a Ms. Bonique Salinas April 19, 2004 Page 2 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, pip MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. A + " CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY • FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resources Code DATE REr�� E1%1�.5G: (California Environmental Quality Act) the project described below is �r((CC�V CCI U determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. 2QQL :AY I 2 Ali 1 CITY CLERK, FRESNO C:_ Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559)621-8277 Applicant: Initial Study Prepared By: WCM Land, LP Bonique Salinas, Planner 7259 N. First Street, Suite 101 May 7, 2004 Fresno, California 93720 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Tract No. 5302/Conditional East side of North Polk Avenue between West River Vista Use Permit Application No. C-04-061 and the San Joaquin River Bluff. (APN: 502-020-09, 42) Project Description: Vesting Tentative Tract Map No. 5302/UGM proposes to develop the 6.69 acre site with a 39-lot single family residential planned development with a density of 5.8 units per acre. Conditional Use Permit Application No. C- 04-061 is a request to develop a planned unit development with private streets, reduced lot sizes and reduced building setbacks. The subject site is currently developed with a single family dwelling and is surrounded by single family dwellings to the east, south, and west, and by the San Joaquin River bluff to the north. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The recently adopted 2025 Fresno General Plan designates the subject parcel for medium low density residential planned land use (2.19 to 4.98 units per acre). Related Plan Amendment Application No. A-03-07 will amend the planned land use of this site to medium density residential planned land use(4.99 to 10.37 units per acre). Rezone Application No. R-03-49 was filed concurrently with the plan amendment application and proposes to rezone the subject property from the AE-20/BP/UGM zone district to the R-1/BP/UGM zone district. The requested R-1/BP/UGM zone district conforms to the medium density residential planned land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix". Environmental Assessment No. A-03-07/R-03-49 dated February 24, 2004, a finding of a mitigated negative declaration,was prepared for the related plan amendment and rezone applications and the topic specific analysis contained in that document is incorporated herein by reference pursuant to CEQA Guidelines Section 15150. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested tentative tract map and conditional use permit in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report(MEIR)No. 10130. The subject property is proposed to be developed with single-family residential uses at an intensity and scale that is permitted by the proposed planned land use and proposed zoning designations for the site as requested by Plan Amendment Application No.A-03=07 and Rezone Application No. R-03-49. Thus, the tentative tract map and conditional use permit will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and future development, per the requested tentative tract map and conditional use permit, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. it has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 • as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR and Environmental Assessment No. A-03-07/R-03-49. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and the project specific mitigation measures specified in Environmental Assessment No. A-03-07/R-03-49 and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d)of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). ert J. Har Date Planning Manager, City of esno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. T-5302/C-04061 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. T-5302/C-04-061 KAMaster Files-2004\'CUPS\C-04-061-BS\MEIR-Finding of Conformitympd ■ ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. T-5302IC-04-061 1_0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off 1 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3_0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building, disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare,unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand.upon existing sources 1 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7.0 NOISE 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 1 7.2 Exposure to high noise levels "0" Insufficient Information 8_0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areasproject in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9_0 LAND USE effect in this category, or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change_ in existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 1 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system , Impact Report,and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. 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