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HomeMy WebLinkAboutT-5321 - Conditions of Approval - 3/17/2005 i cny of IF IR ����`��� REPORT TO THE PLANNING COMMISSION IFinE�: AGENDA ITEM NO. VIII. E. COMMISSION MEETING: 8/4/04 August 4, 2004 APPROVED BY FROM: STAFF, Planning Division" v Planning and Development Department DEPARTM EC OR SUBJECT: CONSIDERATION OF REZONE APPLICATION No. R-04-33 AND VESTING TENTATIVE TRACT MAP NO. 5321/UGM EXECUTIVE SUMMARY Rezone Application No. R-04-033, filed by owner Kiyoko Uyeno 1999 Trust and Pleasant Valley Investments, LLC, proposes to rezone approximately 19.35 acres of property on the south side of West McKinley Avenue between North Blythe and North Cornelia Avenues from AE-5/UGM (Exclusive Five-Acre Agricultural District/Urban Growth Management Area) to R-1/UGM (Single- Family Residential District/UGM Area). Vesting Tentative Tract Map Application No. 5321/UGM, requests authorization to subdivide approximately 18 acres of this property into 86 single family residential lots. Approximately one(1) acre of the property being rezoned is a remainder, being left as a home site for Mrs. Uyeno. With the dedication of right-of way for West McKinley Avenue, the project will have a developed density of 4.78 dwelling units per acre. The rezone and tract map applications are recommended for approval by staff and by the West Area Plan Advisory Committee, which reviewed this project on June 14, 2004. Approval of these applications will bring the zoning and use of the property into conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT A rezone to single-family residential zoning and an 86-lot residential subdivision on 19.35 gross acres (17.99 net acres excluding a 42,845 square foot remainder and after major street dedication on West McKinley Avenue), to be developed at an overall density of 4.78 units per acre APPLICANT Subdivider of record: Pleasant Valley Investments, LLC Owner of property: Kiyoko Uyeno 1999 Trust Applicants' representative: Quad Knopf. LOCATION APN 312-111-35 South side of West McKinley Avenue between North Cornelia and North Blythe Avenues (Council District 3, Cynthia Sterling) SITE SIZE Rezone: 19.3:5 acres Tract: 17.99 acres (excludes area of.McKinley Ave. dedication) LAND USE Existing — home site with majority of acreage uncultivated Proposed —Single family residential subdivision, with original home site located on the remainder REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5321/UGM, Rezone No. R-04-033 Page 2 August 4, 2004 PLAN DESIGNATION Medium Density Residential (4.99 to 10.37 units per acre) is AND CONSISTENCY the land use approved in the 2025 Fresno General Plan and the West Area Community Plan. The proposed rezone to R-1/UGM is consistent with this plan designation, and the subdivision is consistent per FMC §12-403-B-2.b(1) EXISTING ZONING AE-5/UGM (Exclusive Five-Acre Agricultural District/Urban Growth Management Area) PROPOSED ZONING R-1/UGM (Single-Family Residential plStrictUGMArea) ENVIRONMENTAL FINDING Finding of Conformance with City of Fresno General Plan Master EIR (MEIR) No. 10130 was issued/filed with City Clerk on July 12, 2004, and noticed in the Fresno Bee on July 14, 2004. PLAN COMMITTEE West Area Advisory Committee recommended approval on RECOMMENDATION June.14, 2004 STAFF RECOMMENDATION Approval of project, subject to compliance with the Conditions of Approval for Vesting Tentative Tract Map No. 5321/UGM (dated August 4, 2004) and subject to implementation of the applicable mitigation measures of MEIR 10130 BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE AE-5/UGM NORTH Low Density (Exclusive Five-Acre Rural residences and vacant land Residential Agricultural District Urban Growth Management Area) AL-20 Public Facility/ (Fresno County zoning, FMFCD Ponding Basin AN SOUTH Limited Twenty-Acre Ponding Basin Agricultural District) (Partially excavated) R-1/UGM EAST Medium-Density Single-family subdivision Residential (Single-Family Residential (homes under construction) DistrictUGM Area) AE-5/UGM Medium-Low Density (Exclusive Five-Acre Single-family rural residences and WEST Residential Agricultural District Urban vacant land Growth Management Area) REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5321/UGM, Rezone No. R-04-033 Page 4 August 4, 2004 The project's residential density, after dedication of major street right-of-way along West McKinley Avenue, will be 4.78 dwelling units per acre. (Existing dwelling units on a remainder, and acreage of a .remainder, are not included in density factoring for.new subdivisions.) Although the final developed density for Vesting Tentative Tract Map No. 5321/UGM will be slightly below the 4.98 unit-per-acre lower threshold of "medium density residential," Fresno Municipal Code Section 12-403-B-2.b(1) allows residential projects to be held consistent with the general and community plan if the developed project meets density criteria for the next-lowest residential land use designation. The next-lowest density designation, "medium-low density residential," allows 2.19 to 4.98 dwelling units per acre. Therefore, pursuant to the Fresno Municipal Code, the 86 lots on 18t acres proposed by Vesting Tentative Tract Map No. 5321/UGM is consistent with the 2025 Fresno General Plan and the West Area Community. Land uses surrounding this proposed subdivision are typical of the West Area's transitional nature: to the immediate west and north of the project (across West McKinley Avenue) are rural residential homes on AE-5-zoned parcels (located within the City). A new R-1/UGM-zoned single- family subdivision, Tract 4974, is located on the east side of this project. One of the entry streets (North Milburn Avenue) serving Tract 4974 will be improved to full local street width by this proposed subdivision project. Abutting the southern boundary of this proposed subdivision is a partially excavated Fresno Metropolitan Flood Control District ponding basin (Basin "AN") which is not yet incorporated into the City of Fresno and which has County AL-20 (Limited 20-Acre Agricultural District) zoning. Notices of the Planning Commission hearing on this vesting tentative tract map and rezoning were mailed to the school district and to all property owners having.land within a'500-foot radius of the tract map's boundaries.. .The Fresno Municipal Code requires only a. 3.50-foot radius but this,is intended to be extended when a major street would fall within the boundary for mailing notices; therefore, additional.parcels were. included by enlarging the mailing radius. These notices were mailed on Friday, July 23, 2004, using County Assessor's records of designated property tax bill recipients to obtain.the mailing list. As of Thursday, July 29, no appeals were received regarding the subdivision or the rezoning. One adjacent property owner called to ask whether any of his land would be included in the subdivision lots or local streets within the tract, and was reassured that the only land being subdivided or improved with. interior streets for Tract 5321 was land. that the applicants already own. Traffic Capacity: Circulation Element Plan Policies and Major Street System The 2025 Fresno General Plan and West Area Community Plan designate West McKinley Avenue as an arterial street requiring a four-lane 110-foot right-of-way width (flared as needed at intersections) with center median. Along the northern boundary of the property, this project is required to dedicate and construct street improvements along its West McKinley Avenue frontage. McKinley Avenue improvements include permanent paving with striped lanes (including bike lane), transitional pavement as necessary at the eastern and western edges of.the project, curb, gutter, sidewalk, and street lighting (supplied by undergrounded utilities), installation of a median REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033 Page 6 August 4, 2004 The City of Fresno's Public Works :Department Engineering Division Transportation Planning Section has analyzed this project and determined that development of 86 single-family homes can be expected to generate approximately 823 average vehicle trips per weekday (ADT), with 64 to 87 of .those trips occurring during peak hours (please refer.to the attached Transportation Planning Section memorandum.on Rezone Application No. R-04-033, dated June 17, 2004). The tract will take access from West McKinley Avenue and:it is anticipated.that the majority of these trips would utilize this arterial street. West McKinley Avenue has an ultimate capacity of 31,700 to 47,900 ADTs in its fully developed divided configuration. For portions where only the center section (center two travel lanes) are developed, the estimated capacity is at least 10,000 vehicle trips per day. Fresno COG's 2003 Traffic Monitoring Report contains data from a five-year cycle of traffic counting on all major streets in Fresno City and County. The Monitoring Report shows that, at the Cornelia Avenue intersection, West McKinley Avenue had 1,821 eastbound daily trips and 1,624 westbound daily trips (1998 data). Approximately two miles east of this project, at North Feland Avenue, McKinley Avenue had 2,588 eastbound daily trips and 2,564 westbound daily trips. Therefore, West McKinley Avenue is not near its traffic capacity even on segments in the project vicinity that are only.developed with two travel lanes. The CalTrans June 1 project comment letter asserts that the McKinley Avenue/State Route 99 interchange, which is nearly three miles from the project location, "is expected to require future improvements such as signalizing the ramp intersections and adding turn lanes." The letter does not indicate exactly what improvements are,needed, nor what the anticipated date or traffic Volume would be for needing these improvements.. A recent Peters Engineering Group traffic impact study from-a similar nearby project (Tract 5169, located on the south side of W. McKinley Avenue west of N. Cornelia;Avenue) estimated that there would be an approximately a dozen trips entering or leaving Highway 99 at the McKinley interchange during the peak hours related to those 99 lots; another thirteen to fifteen peak hour trips would travel on McKinley Avenue through the interchange without entering the highway. It would be expected that this proposed subdivision, with 13% fewer parcels than. Tract 516.9, would proportionately generate 13% fewer vehicles using and passing through the McKinley/S.R. 99 interchange. Given the total traffic volume on West McKinley Avenue and this interchange, the addition of these trips is not considered to be significant. The addition of these trips to the total additional traffic being generated on West McKinley Avenue is also not considered significant,in light of the planned and developing capacity of that arterial street The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the City's transportation system, and that its non-significant impacts are mitigable through the City's standard UGM .process and. project.requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the project will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public.Facilities Element of the General Plan, and will be required to provide for the installation of traffic control measures REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033 Page 8 August 4, 2004 Because there will be no office/commercial./industrial facilities constructed in this subdivision, it is unknown how the applicants could "explore the potential for employer-sponsored carpools/vanpoois or monthly transit passes for employees," as CalTrans suggests. Currently, FAX Routes 9 and 39 access the intersection of Clinton and Blythe Avenues, approximately three- quarters of a mile distant from the project site. Extension of the city's mass transit (bus) system to West McKinley Avenue in the project vicinity, and the precise location of bus stop facilities, is based on comprehensive planning that is ongoing by Fresno Area Express (FAX). As tracts build out and are occupied on West McKinley Avenue, it is expected that bus routes will be extended and created, and bus stops will be installed, to serve this area (increase in the area's current rural residential population density is needed to make mass transit feasible). No bus turnout is being required of this project because bus pull-out bays are typically located near intersections on major streets, not"mid-segment" (mid-segment pull-outs would not be as safe, since buses would be trying to re-enter the traffic stream at a point where vehicles already on the road will have achieved permitted road speed). This project does its proportionate share of providing non-motorized transportation. The project is installing sidewalks meeting ADA standards along all its street frontages, and is additionally providing for a walking path.all the way to Blythe.Avenue to facilitate safe student transportation to the elementary school. It will also be providing its proportionate share of bike lane pavement width and striping in the major street frontage. Local Streets and Access Points Local interior streets in the tract will be public streets and will have .a capacity for up to 1,000 average daily vehicle trips. None of the local streets are expected to carry traffic volumes that would exceed this capacity. This project will. complete the full 54-foot width of North "Milburn Avenue, which is currently developed only as a half-width.street serving the adjacent Tract 4974 to the east. Milburn Avenue will be one of the two proposed access points to West McKinley Avenue for Tract 4321. The Public Works Department Transportation Planning. Section has reviewed this project and set requirements for major street access. Milburn Avenuewill have a full median. break (with westbound turn pocket in McKinley Avenue) to allow for left turns in and out. The local street providing the easterly access point (North LodiAvenue) is to have a partial .median break and signage restricting turns to right turns in and out. In order to provide for major storm event relief (drainage), a drainage easement and swale or other structure will need to extend through one of the rural residential parcels at the southwest corner of the subdivision. The subdivider.is proposing a stub:street.(West Pine Avenue) at the southwestern portion of the site (Public Works requires that this be barricaded per City standards.) The property abutting the,west side of Tract 5321 is developed with a series of rural residential homes and there is no known timeframe for urban development on these parcels or for extension of West Pine Avenue to connect to North Cornelia Avenue. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5321/UGM, Rezone No. R-04-033 Page 10 August 4, 2004 sewer collection facilities in the project vicinity is to be assessed for this project under the UGM program, and sewer connection fees are required for each lot to provide for regional collection and treatment infrastructure. The subdivider .is required to designand install sewer lines to City standard for the local streets of the project, and each lot is required to have a separate sewer connection to the public system. Drainage and Flood Control Fresno Metropolitan Flood Control District (FMFCD) is a special district chartered by State legislation for the purpose of providing for flood control and drainage facilities inthecentral portion of Fresno County (in the Fresno-Clovis Metropolitan Area and eastward). Through FMFCD's contractual agreement with the City of Fresno, all development projects are required to comply with FMFCD project conditions. FMFCD assesses fees on residential subdivisions to pay for drainage basin and storm drain facilities. FMFCD also reviews grading plans to ensure that tract lots drain to the street, where the curb and gutter act as the first part of the stormwater collection and conveyance system. This project is located partially in FMFCD Drainage Area "AN." FMFCD drainage facility fees assessed for this tract are $84,486. On-site storm drainage facilities are required to be constructed by the subdivider, and an off-site "mow strip" (concrete strip to prevent weed growth) is required to be installed at the back fenceline of the tract's southerly tier of lots (please refer to FMFCD's Notice of Requirements, dated June 18, 2004, appended .to the Conditions of Approval for Tract 5321/UGM). FMFCD is not recommending that temporary on-site drainage facilities be provided, if the permanent _facilities are installed as required. The stub street (West Pine Avenue) at the southwestern portion of the is intended to facilitate major storm event relief(drainage). A drainage easement will need to be acquired from the adjacent property owner, and the proposed drainage route to North Cornelia Avenue will need to be reviewed and approved to ensure that there would be no damage to structures on that adjacent property. Alternatively the developer of Tract 5321 will need to,install a pipeline for drainage. Subdivision Lot Sizes and Dimensions: T-5321/UGM is consistent with the proposed R-1/UGM zoning and with 2025 Fresno General Plan goals for efficient land use, compact development and aesthetics. All the parcels.are at least 6,000 square feet in size, and conform to the West Area Community Plan policies. TENTATIVE TRACT MAP No. T-5321/UGM 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 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033 Page 12 August 4, 2004 Subdivision Conditions of Approval 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5321/UGM exhibit dated July 30, 2004 (corrected from the original May 25, 2004 version to reflect street name changes and maintenance of McKinley Avenue access for the remainder). 2. Development shall take place in accordance with the proposed Conditions of Approval for Vesting Tentative Tract No. 5321/UGM, dated August 4, 2004. 3. Development shall take place in accordance with the Master Environmental Impact Report .(MEIR) mitigation measures identified in the Finding of Conformance with the 2025 Fresno General Plan MEIR pursuant to Environmental Assessment No. T-5321/TPM-2004-11/R-04033, dated July 12, 2004. Planning Commission .action on Vesting Tentative Tract Map No. 5321/UGM and Tract Map Conditions shall be final unless the Commission's decision.appealed to the City Council. REZONING APPLICATION No. R-04-033 Finding.of Plan Consistency for Rezoning The proposed rezoning of 19.35 acres of subdivision property :from AE-5/UGM (Exclusive Five-Acre Agricultural DistricbUrban Growth Management Area) to,R-1/UGM (Single Family Residential DistricbUrban Growth Management Area) is consistent.with, and implements, the adopted West Area Community Plan and the 2025 Fresno General Plan. The Commission's recommendation on. this rezoning application will be forwarded to the City Council for final action. CONCLUSION/RECOMMENDATIONS Based upon information in the record, and consistent with provisions of the Subdivision Map Act and the Fresno Municipal Code, staff recommends that the Commission make the required findings and enact the following: 1. APPROVE the Finding of Conformance with General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigation Measure Checklist prepared for this project pursuant to Environmental Assessment No. T-5321/TPM-2004-11/R-04-033. 2. APPROVE Vesting Tentative Tract Map No. 5321/UGM, subject to compliance with the Tract Map Conditions of Approval dated August 4, 2004 + 'i W. CAMBRIE AVE P`� r!I r11 7 r < n, + . 1. V n�•. Y W ¢_ a Q < W H 61 , •4 Pj � � • m n I u ,i ' W. WELDON AVE ' r AE-S-UGM $ W J, r • r+ r o. • r rw ��\ • w 1 + W. NORMAL AVE a W. NORMAL R I w2 1 W. r.u UNIV R51TY AVE. AE-20-UGM r+ � AE- -UGM J. z W a F r r � m = i AVE. W. Mc KINLEY - - AVE.. W 4 =1 U Nil AE-5/UGM . W. WEA ERMAKER AVE. AE-5/UGM AE-5/UGM a .. •• OSUS• :. < r+,r I r�il�J� �� • p•, W . i /� r.wor[•r u , i �'f/ � �/ /f � n• Z � r W. PINE AVE. rr + i + < J 1 AV E. i r i „I• J 2 W. NAMMONO AVE _ = Y Z AVE I--r W. OLIVE AV 1 VICINITY 31A-P PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP No. 5321/UGM N DEPARTMENT REZONE APPLICATION No. R-04-033 ;', :: A.P.N.: 312-111-35 From AE-5/UGM to R-1/UGM South side of W. McKinley Ave, between s ZONE MAP: 2245 N. Blythe and N. Cornelia Aves. NOT TO SCALE a r 114 �� c Eoi . Y z lit 11p aW D C7 gOLL C d LL I I I V V �E0 �U a a j— �i ■ r a 1 '! hw 4 i gI •i`i� - w � _ _�:p�=.�S--=�_i-moi.--_ _ __ --_- I 1!� 8 t I�EE�1 SY II f ° r ■ s • r a s a a ■ � � ��i i T ! f iit at . ■ ii . filR{ If ■� 1� If 1 Ali; i pr i A i 1 g r rr fr �J it t+ ;. ■+ s ■r �y Ai i�f fr mfr is fr fr f ■' r �d E % 1 ! I { I er f+ It 1+ r + i °� s I ■r nae XIII 7 I I .un all; i � n E �a 4■�o s y� � q� `1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL August 4, 2004 VESTING TENTATIVE TRACT MAP NO. 5321/UGM (South side of West McKinley Avenue between North Blythe and North Cornelia 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 conditional approval of Vesting Tentative Tract Map No. 5321%UGM, the subdivider (O—Z may prepare a Final Map in accordance with the approved tentative tract map exhibit wm"idated July 30, 2004 (with street name changes as follows: North Lodi Avenue shall be INcOiuc acT renamed North Belvedere Avenue; and North Carron Avenue shall be renamed North *AD'Rv4 Antioch Avenue), and subject to these conditions. It is required that related Rezone Application No. R-04-033 shall be approved by the City Council and, shall be effective prior to Final Map approval. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of.required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time.of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments.for grading, public sanitary.sewer system; public water system, street lighting system, public streets, and storm drainage, including other technical reports and CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable. fees for, but not limited.to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 .and . No. 80-420) and any amendments, modifications, or additions thereto; and.in accordance with the requirements of State law as related to vesting tentative maps: 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off.-site street improvements in .accordance with all applicable provisions of the Fresno "Municipal Code and the State Subdivision Map Act. . The subdivider shall complete all the public improvements prior to the approval.of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion. of. the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all.parties having any right, title, or interest and the nature o interester tate law. 9. nor ma map proval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of. Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the Final Map of Tentative Tract No. 5321/UGM. CONDITIONS OF APPROVAL Vesting Tentative Tract Map.No. 5321/UGM August 4, 2004 Page 3 Landscaping, Walls, and Fencing 10. Provide a 20-foot landscaped easement (and irrigation system) along the side or.rear property lines of lots (excluding the remainder) which side-onto or back-onto West McKinley Avenue. Ref.'Section 12-10114-3 of the Fresno Municipal Code. When the' grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area.up to the wall location.. 11. Maintenance of the required landscape easements along West McKinley Avenue may be the responsibility of a City Community Facilities District. Contact the Public Works Department, Engineering Services Division staff for information regarding the city's py/vl ' District and comply with the requirements noted in the memorandum from the Public Works Department, Engineering Services Division, dated July 28, 2004. 12. If the developer/subdivider elects to petition for annexation into a City Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgements from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an ..annual maintenance. assessment for landscaping and any other such improvements as outlined in the"Public Works Department Engineering Services Division memorandum, dated July 28, 2004, , and that he/she .is aware of the. estimated amount of the assessment. 13. Should the City Council not approve the annexation of such landscape areas into a City Community Facilities District, then .the property owner/developer. shall create a homeowner's. association for the maintenance of the landscape areas and any other such improvements as outlined in the Public Works Department Engineering Services Division memorandum,.dated July 28, 2004. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks.prior to Final Map approval. Said documents shall be recorded with the final map or alternatively submit.recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs dated January 1.1, 1985. 14. Front yard.landscaping shall be provided for all homes, pursuant to policies. of the West Area Community Plan. A copy.of the city-wide design guidelines, adopted for the 2025 Fresno General Plan is.provided for informational purposes (attached). 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 or side onto West McKinley Avenue (solid wall to meet the CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 4 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. As necessary to.accommodate dedication and improvement of West McKinley Avenue and North Milburn Avenue across the remainder, relocate the existing fence on the north and east sides of the remainder. Remove the existing gate on North Milburn Avenue unless a driveway to it is constructed per City standards under permit. Relocate the gate on the West McKinley. Avenue frontage as necessary to allow for at least .twenty feet (20') of vehicle stacking distance outside the gate .and outside of any travel lane or bicycle lane of West McKinley Avenue, and .construct an on-site turnaround on this McKinley Avenue driveway to City standards under permit. Building Setbacks 18. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c, as shown on the exhibit of Vesting Tentative Tract Map No. 5321/UGM dated July 30, 2004, for those lots abutting West McKinley Avenue (Ref. Section 12-244.4-E of the Fresno Municipal Code). 19. "Key lot" side yard setbacks shall be.on Lots 29 and 74. An additional. five feet of side yard setback shall be required on the east sides of these two lots, so that the total side yard setback is.10 feet(10'), This setback shall,be shown.on the Final Tract Map. .. Information 20. 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. : Please refer:.to letter from .Central Unified School District, dated July 19,.2004. 21. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes_tobe installed.in this subdivision. .22. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable.conditions relating to the filing ,of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently.conform to all provisions of Fresno Municipal Code Chapter 12, Article .10, Subdivision of Real Property., 23. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure,located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 5 24. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/p reservation,measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material 'to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 25. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any ,State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of.Public Works, requesting apportionment of the unpaid portion of the assessment or.pay off such assessment in full. If the subdivider, elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request, that the Engineer. apportion the amount 'remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each. such lot, parcel, or interest to the requested apportionment: The application shall .be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 26. The subdivider shall comply with al Rules of the San Joaquin Valley Air Quality Pollution Control District (including Regulation VIII for Fugitive Dust) for the control of ozone precursors, particulate matter, and carbon monoxide during construction of this project. CONDITIONS OF APPROVAL Vesting Tentative Tract Map.No. 5321/UGM August 4, 2004 Page 6 27. Solid waste disposal for the subdivision shall be provided by the City of Fresno in accordance with the attached memorandum from the Department of Public Utilities Solid Waste.Division dated .June. 15,. 2004, including the recordation of covenants necessary to effect parking restrictions on the parcels indicated in that memorandum and as necessary to direct the occupants of the other indicated parcel to place their solid waste bins as directed (refer to the second page of the memorandum). PARK SERVICE 28. The developer/owner shall comply with the requirements in the attached memorandum from the Parks, Recreation and Community Service Department Parks Division dated June 10, 2004, for Vesting Tentative Tract No. 5321/UGM. The aforementioned.twenty- foot (20') landscape strip along West McKinley Avenue, and the other landscape-related features (including street trees)for this subdivision shall be maintained as outlined in the Public Works Department Engineering Division memorandum dated July 28, 2004. URBAN GROWTH MANAGEMENT REQUIREMENTS 29. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 30. Fire service.will be provided by.City of Fresno:.Fire.Station.No.. 16, Provide residential c�1 fire hydrants and fire flows per Public Works Standards with two sources of water per the Fresno Fire Department memorandum, dated May 27, 2004. 31. Fire access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. URBAN GROWTH MANAGEMENT REQUIREMENTS 32. 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-QF-WAY 33. Local streets and West McKinley Avenue shall be dedicated and improved per the requirements of the Department of Public Works, Engineering Division, as set forth in the memorandum from the Traffic Engineering Manager dated June 17, 2004. This includes dedication and improvement of full street right of way, with bike lanes and sidewalks, along the limits of the subdivision and along the north and east sides of the remainder as CONDITIONS OF APPROVAL. . Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 7 necessary to protect health and safety and provide for orderly development, per California Subdivision Map Act Section 66424. 34. Curb, gutter, and sidewalk throughout the subdivision, street furniture, street lights, the south half of the median island required in West McKinley Avenue, local street pavement and any medians in local streets, and the aforementioned landscaping and street trees shall be maintained per the requirements set forth in the memorandum from the Public Works Department., Engineering Services.Division, dated July 28, 2004. 35. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works Standards and as required by state and federal 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 36. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (most current edition in force at the time that street work plans are approved by the City). 37. 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. 38. 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 conformto 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., 39. All dead-end streets created by this subdivision shall be properly barricaded. in accordance.with City standards within.seven days from the time the streets are.surfaced or as directed by the Engineer. 40. The developer shall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control. District for the control of fugitive dust requirements from paved,and unpaved roads during construction of this subdivision. 41. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 8 Major Streets West McKinley Avenue (Arterial) 42. Dedicate 55 feet.of property from section line for public:street purposes, within the limits of this development and along the northern boundary of the remainder to meet the current City of Fresno Collector Standards. Reference Public Works Standard P-69. 43. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 44. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. Reference:Public Works Standard P-50, 45. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for collector streets, 46. Relinquish direct vehicular access rights to West McKinley Avenue from all abutting tract lots within this development: Lots 1, 78, 79, and 86 (Ref. Section 12-1011-f-3 of the Fresno Municipal Code). Provided that the aforementioned driveway, fence, and gate improvements are made on the remainder as required above by Tract Map Condition No. 17, the remainder may retain its current access rights to West McKinley Avenue. Interior Streets 47. Design and construct all curb, gutter, sidewalk. (both sides), permanent paving, cul-de- . sacs, and underground street.lig hting..systems on all interior local streets to Public Works Standards.: Sidewalk patterns shall comply with Public Works Standards for 50-foot and 54-foot streets. . 48. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with Public Works Standard P-44. 49. North Milburn Avenue right-of-way dedication and improvement shall be made along the east side of the remainder, as necessary to protect.health and safety and provide for orderly development, per California Subdivision Map Act Section 66424. .The remainder may only have vehicular access to North Milburn Avenue pursuant to the requirements of Condition No. 17, above. Specific Requirements 50. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 15etved4we 51, The intersection of North C- i Avenue and West McKinley Avenue shall be limited to right turns in and out. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 9 51. The intersection of North Belvedere Avenue [originally proposed as North Lodi Avenue] and West McKinley Avenue shall be limited to right turns in and out. 52. The intersection of North Milburn Avenue and West McKinley Avenue shall be designed with a full median opening to allow for left turns in and left turns out. 53. Construct a four-foot (4') wide asphalt concrete path on the south side of West McKinley Avenue from the intersection of West McKinley and North Blythe Avenues westward approximately 1/8 mile to the easterly boundary of the sidewalk constructed for Tract 4974. This path is to provide a safe route for schoolchildren to walk to school, and is deemed necessary to protect health and safety and provide for orderly development, per California Subdivision Map Act Section 66424. Also refer to the letter from Central Unified School District, dated July 19, 2004. URBAN GROWTH MANAGEMENT REQUIREMENTS In accordance with the City's Urban Growth Management Policy relative to major street extensions and other street improvements necessary to provide adequate emergency and, service vehicle access, the following improvements are required: 54. This Map is in UGM major street zone E-4; all applicable UGM fees shall be paid. West McKinley Avenue (Arterial) 55. Dedicate and construct two 17-foot center section travel lanes with a raised concrete median island within.the boundaries of this. subdivision, across the north side of the remainder, and westward a distance of approximately 1/8 mile to connect to North Cornelia Avenue. Dedication shall be sufficient to accommodate arterial standard and any .other grading or paving transitions as necessary, based on a .5. 0 mile-per-hour. design speed. Details of said street where it abuts Tract 5321 shall be depicted on the Final Tract Map, prior to'approval. 56. Dedicate sufficient right-of-way and construct additional paving to accommodate eastbound and westbound U-turns at McKinley and Milburn Avenues, and to accommodate westbound U-turns at McKinley and Cornelia Avenues. All left turn lanes shall be constructed with median island curb at the noses. North Cornelia Avenue (Collector) 57. Dedicate and construct. two 17-foot center section travel lanes from McKinley Avenue northward to a point approximately 100 feet (100') south of West Normal Avenue. An additional six feet of right-of-way and paving are. required on both sides of Cornelia Avenue adjacent to the left turn pocket located 250-foot (250') north of West McKinley Avenue. (Refer to "Exhibit B" appended to the memorandum of the Department of Public Works, Engineering Division Traffic Engineering Manager, dated June 17, 2004). CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 10 SANITARY SEWER SERVICE The nearest existing sewer main is a 15-inch sewer main in West McKinley Avenue. The following conditions are required to provide sanitary sewer service to the tract, as outlined in the Department of Public Utilities Planning and Engineering Division memorandum, dated May 27, 2004. 58. Sanitary sewer mains, shall be extended within the proposed tract to provide sewer service to each lot created. 59. All existing on-site private sanitary sewer/septic systems within the limits of the tract shall be properly abandoned, with plumbing and grading permits issued by the City of Fresno for this work. Any existing septic system(s) serving the remainder shall also be abandoned, and all residences on the remainder shall be connected to the public sewer system, as provided for by the City of Fresno's mandatory sewer connection ordinance (Ref. Fresno. Municipal code Section 9-502). The abandonment of on-site septic system(s) on .the remainder is deemed necessary to protect health and safety and provide for orderly development, per California Subdivision Map Act Section 66424. 60. Separate sewer house branches shall be provided to each lot created within the subdivision. 61. All public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 62. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. URBAN GROWTH MANAGEMENT REQUIREMENTS 63. Sewer connection charges are due and shall be paid for the project relating to Sewer Oversize Reimbursement.S.A. 25 & 26. WATER SERVICE There is an existing 14-inch (14") water,main in West McKinley Avenue, an 8-inch (8") water main in North Milburn Avenue, and an 8-inch (8") water main in West Pine Avenue to serve the proposed tract. The following conditions are required to provide water service to the tract, as outlined in the Department of Public Utilities Planning and Engineering Division memorandum, dated May 27, 2004. 64. Water mains shall be installed before street improvements and paving. 65. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 66. Separate water services with meter boxes shall be provided to each lot created. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 11 67. Seal and abandon existing on-site wells in the subdivision in compliance with State of California Well Standards .(Bulletin No. 74-90 or current revisions issued by the California Department of Water Resources) and in accordance with City of Fresno Water Division standards. Plumbing permits and grading permits as necessary shall be obtained from the City of Fresno for this work. 68. Upon approval of installed water mains in the subdivision, provide separate water services, with meter boxes, from North Antioch Avenue [originally proposed as North Carron Avenue] to each existing dwelling unit located on the remainder. Seal and abandon existing on-site wells on the remainder in compliance with State of California Well Standards (Bulletin No. 74-90 or current revisions issued by the California Department of Water Resources) and in accordance with City of Fresno Water Division standards. Plumbing permits and grading permits as necessary shall be obtained.from the City of Fresno for this work. The abandonment of on-site water well(s) on the remainder is deemed necessary to protect health and safety and provide for orderly development, per California Subdivision Map Act Section 66424. 69.. 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. 70. All public water. facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 71. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. URBAN GROWTH MANAGEMENT REQUIREMENTS 72. This project is in UGM Water Service Area No. 301 s. Payment of appropriate water connection charges is required at the time of final map approval, buy is subject to deferral to building permit issuance as appropriate. FRESNO IRRIGATION DISTRICT 73. Fresno Irrigation District has not informed the City of Fresno of any requirements relating to this subdivision. Prior to submitting a Final Tract Map, contact Fresno Irrigation District for verification that there are no requirements for Tract 5321/UGM. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 74. 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. ■ CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 12 75. 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 76. The developer will be responsible .for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the. event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request.and grant to the City the full authority to attempt acquisition either through negotiation. or through.its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section,.an appraisal report or a request for an estimated appraisal amount (to be determined_ by the City of Fresno Real Estate Section)- prior to preparation of a Subdivision Agreement. The.subdivider shall submit adequate.security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition, of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 7. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 76. 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 Notice of Requirements dated June 18, 2004. 77. At this time, no temporary ponding basins are being required by FMFCD. Should they subsequently be required for development of Tract 5321/UGM, any temporary ponding basins constructed or enlarged to provide drainage and flood control service shall be CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 13 fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. Full. access to basins shall be provided to Mosquito Abatement District staff. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 78. The developer/owner shall comply with the Rules of the San Joaquin Valley Air Pollution Control District. DEVELOPMENT FEES AND CHARGES 79. This project is subject to the following development fees and charges: FEE / RATE CHARGE Parks Department a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Inspection fee $30.00/tree Developer-installed.tree c. Maintenance District Plan Review fee $176:00 d. Maintenance District Inspection fee $305.00 e Reinspection fee $29.00 Fresno Metropolitan Flood Control District f.' Fresno Metropolitan Flood Control District fee* $84,486.00 * Contact FMFCD for new fees. Rates increase periodically. Sewer Connection Charges g: Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) h. Oversize Charge $0.05/sq. ft. (to 100-foot depth) i. Trunk Sewer Charge $419/living unit Service Area: Cornelia j. Wastewater Facilities Charge $2,119/living unit CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 14 FEE / RATE CHARGE Sewer Connection Charges (continued) k. Copper Avenue Sewer Lift Station Charge n/a I. Fowler Trunk Sewer Interim Fee Surety n/a m. House Branch Sewer Charge n/a n. Millbrook Overlay Sewer n/a Water Connection Charges o. 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. p. Frontage Charge $6.50/lineal foot q. Transmission Grid Main Charge $560/gross acre r. Transmission Grid Main Bond Debt Service Charge $243/gross acre s. UGM Water Supply Fee $442/living unit Service Area: 301s t. Well Head Treatment Fee $192/living unit Service.Area:.301 s u. Recharge Fee $0/living unit Service Area: 301 s v. 1994 Bond Debt Service $60/living unit Service Area: 501 Development Impact Fee w. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT x. UGM Fire Station Capital Fee $1,242/gross acre Service Area: 16 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 5321/UGM August 4, 2004 Page 15 URBAN GROWTH MANAGEMENT (continued) FEE / RATE CHARGE y. UGM Park Fee $1,230/gross acre Service Area: 4 z. Major.Street Charge $2,435/adj. acre Service Area: E-4 aa. Major Street Bridge Charge $135/adj. acre Service Area: E-4 bb. Traffic Signal Charge $860/adj. acre cc. UGM Grade Separation Fee n/a dd. Trunk Sewer Charge n/a Service Area: Fowler ee. Street Acquisition/Construction Charge No fee established at this time; charges may subsequently accrue through the right-of-way acquisition process per Tract .Map Condition No. 76, above Attachments: Exhibit of Vesting Tentative Tract Map No. 5321/UGM, dated July 30, 2004 Public Works Department Engineering Services Division memorandum, dated. July 28, 2004 City-Wide Design Standards adopted for the 2025 Fresno General Plan Letter from Central Unified School District, dated July 19, 2004 Memorandum from the Department of Public Utilities Solid Waste Division, :dated.June 15, 2004 Memorandum from the Parks, Recreation and Community Service Department Parks Division dated June 10, 2004 Fresno Fire Department memorandum, dated May 27, 2004 Memoranda from the Traffic Engineering Manager, Department of Public Works Engineering Division, dated June 17, 2004 Memorandum from the Department of Public Utilities Planning and Engineering Division dated May 27, 2004. FMFCD Notice of Requirements, dated June 18, 2004 City of on PUBLIC WORKS DEPARTMENT DATE: July 28, 2004 REVISED CONDITIONS TO: SANDRA BROCK, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: VESTING TENTATIVE TRACT 5321 AND A CITY OF FRESNO COMMUNITY FACILITIES DISTRICT (PER RECENT CITY COUNCIL DIRECTION) 1. If approved by Council, the following features shall be maintained by a Community Facilities District. A. Landscaping and irrigation systems as approved by the Parks Department at the following locations: ■ Within the street easements and the 20'wide landscape easements along the side property and back property lines that side or back-onto West McKinley Avenue excluding the portion bordered by the area identified.as "Remainder". B. All Streets,.Curbs and Gutters, Sidewalks, Medians for local streets (if there are such. medians in local streets) and Street Furniture as approved by the Public Works Department within the boundary of the tentative map with the exception of West McKinley Avenue and the portion of North Milburn Avenue bordered by the area identified as"Remainder".. C. All Curbs and Gutters, Sidewalks, Medians (to centerline) and Street Furniture as approved by the Public Works Department within the boundary of the tentative map within West McKinley Avenue excluding the portion bordered by the area identified as "Remainder". D. All Street Lights as approved by the Public Works Department within the boundary of the tentative map excluding the portion bordered by the area identified as "Remainder". E. All Street Trees as approved by the Parks Department within the boundary of the tentative map excluding the portion bordered by the area identified as "Remainder". 2. Should the City Council not approve the annexation of this subdivision to a.CFD for any or all of the maintenance items listed in section 1 above, then the property owner/ developer shall create a homeowner's association for the maintenance of those items. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me-at 621-8695 File:lwplcfd2lttmapreview1tt5321 CITY-WIDE DESIGN GUIDELINES Page 2 11. The siting and orientation of buildings shall respond to the pedestrian and vehicular nature of the..street. Buildings on,streets of high pedestrian use (such as downtown) should face on,.and be directly accessible from, the sidewalk., with minimal interruption by driveways or parking :areas. Buildings on streets with heavy vehicular traffic, particularly those with no on-street parking, should provide a major entry for the off- street parking area. 12. Off-street parking facilities .need to be located. to the rear of sites. Street frontages should be devoted to building architecture and landscaping. Parking should be screened from the street with mounds, vegetative screening, low wall, fencing, or lowered parking grade. :(Refer to .III. LANDSCAPING, No. 15). 13. Screening and buffering, as well as good design, needs to be used to mitigate the effects of trash areas, storage areas, service yards, loading docks and ramps, electrical and other utility boxes, mechanical equipment, and other necessary but unsightly aspects. {I. BUILDING DESIGN PURPOSE OF BUILDING DESIGN Development shall improve the visual and built.environment of.the neighborhood and the, City as.a whole. GENERAL CONS IDERATfON$ 1. No single theme'is required in Fresno. Themes may be established for selected parts of the community. They are directed.. more, toward standards of quality and compatibility than toward achieving a uniform appearance. 2. Architectural consistency.should exist between all building elevations of a particular structure or complex of structures, including consistent use of materials. Fagade treatments shall consistently encompass all building sides. "False" or "decorative" fagade treatments shall be avoided. All elevations need not look alike; however, Ian overall architectural sense must occur: 3. Visible rooftops should be treated as building elevations. Such rooftops should be free of mechanical equipment "clutter" in situations where it may be visible from surrounding buildings or structures. Rooftop mechanical equipment is not prohibited, but its design and screening should be incorporated into building design. For example, HVAC non- transitional ducts shall be below the roof structure. CITY-WIDE DESIGN GUIDELINES Page 4 17. Masonry walls.and allowable chain tink fences shall be designed to accept vegetation, to reduce monotony, and to prevent irregular or unsightly fines. III. LANDSCAPING PURPOSE OF LANDSCAPE: Landscaping shall be used to improve aesthetics, to_soften the.harshness of the urban setting, and to,create a pleasant human environment. GENERAL CONSIDERATIONS: 1. All site development shall include landscaping, except where determined to be impossible by the Director. 2. Landscaping shall be designed to provide a strong relationship between the site, street frontage, and neighborhood. 3. There should be a consistency of landscape design through a development. All areas within a development need not be identical. Among other things, different landscape themes- may.be,u.tiiized.in-larger.,developme.nts.to.delineate.spaces, strengthen.a sense of place, and. to_add movement .'.Such themes should be consistent within a site. 4. Landscape plans shall indicate.all proposed site elements, such as outdoor lighting, si.gnage,.fencing,.site furnishings, and other site elements. 5. Where, possible,, existing landscape elements should be incorporated and preserved. Healthy mature trees and tree groupings shall be preserved as design determinants. In . sites with. mature trees,. the development plan, elevations, .and .landscape shall be required to protectexisting trees. Mature trees on project sites shall be protected and preserved as per City of Fresno tree preservation standards. 6. Landscaping shall be incorporated into building and site design. Trellises, arbors, and multilevel type landscaping should be considered. 7. All projects, including exterior modifications, are subject to street tree requirements. Street trees shall meet.City requirements. 8. Live plant material shall be used in all landscaped areas. Imitation vegetation is not acceptable. 9. Gravel, colored rock.bark,..and similar materials may be used in conjunction with, but not instead of, jiving ground cover and vegetation: Brick, cobblestone,and.wood can be integrated into pathways-and edges where appropriate: CITY-WIDE DESIGN Gu1DEL1NES Page 6 3. Signs are to be limited to the minimum necessary for the proper use of the site. 4. Signing and related graphics must relate to the overall building and site design. Signing considerations should be made during the building design stages so that signage and graphics are architecturally incorporated into those buildings. 5. Unusual architectural features (such as the "golden arches") used as a logo shall be considered.and reviewed as part of the sign proposal. 6. Use of individual letters for all signing.is preferred and encouraged over cabinet signs. Where cabinet signs are utilized, such.cabinets must be an integral design element of the building or structure. 7. Master sign programs shall be prepared for multiple-occupancy buildings. 8. Complete sign programs for entire buildings or building complexes should be included with the architectural review of a signing request for any portion of a multiple-occupancy building. This also applies to existing buildings without.any sign program. Along-term sign program must be established. 9. The light source of externally illuminated signs should not be visible. 10. Murals shall be subject to sign review. CENTRAL UNIFIED SCHOOL DISTRICT Education d 4605 NORTH POLK AVE - FRESNO, CA 93722-5334•(559)276-5206-Ipowcll@ccntralusd.kI2.ca.us DISTRICT SUPERINTENDENT °L DV5` Larry L. Powell July 19, 2004 TRUSTEES: Cindy Berube Cit of Fresno Terry Cox City Judith Geringer Planning Department Theresa Hagans 2600. Fresno Street Diana Mina Phil Rusconi Fresno, CA 93721 Mike Yada Attn: Sandra Brock Subject: File No.: TT 5321 Central Unified School District has the following conditions/comments for the above project(s): The proposed 86 lot subdivision project will add approximately 50 K-12th grade students to the District's average daily attendance. The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.24 per square foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Condition of approval: • School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. Bus transportation is currently provided for K-8th grade students residing at least one mile or more from their school of attendance and for 9th-12th grade students residing at least two or more miles from their school of attendance. Accordingly, except as noted below, bus transportation will be provided to students attending Central High School, only. However, the District has determined, since there is not a safe student walking path from the proposed Tract Map 5321 to the McKinley/Blythe Avenue intersection for access to McKinley Elementary and EI Capitan Middle schools, students from Tract 5321 will be bused and therefore the following condition is added: GEOFFREY M. GARRATT JOHN MULLIGAN SARAH KOLIGIAN Assistant Superintendent, Personnel Assistant Superintendent, Business Assistant Superintendent, Instruction (559) 276-5224 (559) 276-5200 (559) 276-3115 FAX(559)276-2983 FAX(559)275-0394 FAX (559)276.3102 7/19/2004 TT 5321 Page 3 (b) Currently, Central High School - West Campus is a mandatory attendance 9th grade school with optional programs for grades 10th -12tH The California Department of Education website has current API scores (however this site does not have current District enrollment data) - see: http://www.ed-data.kl2.ca.us/. The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeel(a-)centralusd.k12.ca.us. Sincerely,, avid Deel Facilities Planning Manager DEPT PUBLIC UT.IL. SOLID WASTE DIV . Memorandum re: VTM 5321JUGM Page 2 Special Conditions: • There shall be no parking allowed in the street, in any cul-de-sac, on the solid waste " service day. This pertains to any lot that is in whole or part of a cul-de-sac. • The following lots shall be clear of all vehicles before 6:00 a.m. on the solid waste service day. Lots 42, 43, 44, 45 and 46 on West Home Avenue Lots 57, 58, 59, 60 and 61 on West Oslin Avenue Lots 78, 79 and 80 on North Carron Avenue • Covenant Requirement: The owners, lessees or other tenants of the residential dwelling of lot 19 shall move their containers to the Northeast corner of lot 18 for service. J:\Conditions of Approval_775321.wpd • Parks,Recreation and Community Services Department June 10. 2004 -5321 Page 3 Division's planting specifications and meets the specifications of the city. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. Developer Planting for Community Facilities District D. The developer may landscape for inclusion into the Community Facilities District(CFD2),the landscape strip and right-of-way on the west side of N.Locan Avenue. 1. Landscape and irrigation plans shall be submitted to the Parks Division for review and approval prior to Council approval. Landscaping plans shall be reviewed and approved by the Parks,Recreation and Community Services Department. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping passed by Council on September 20, 1994. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkways strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1'of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Parks Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the city-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. 7. Street trees designated for this project shall be: W. Mckinley Ave. Ginkgo biloba`Fairmont' or 'Autumn Gold'(Black Tupelo) MEDIAN ISLANDS E. MEDIAN LANDSCAPING REQUIRED: Median island landscaping is required as per FMC 12-306-N-24. Applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project. Existing utilities, including,but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines, existing landscaping including trees,shrubs,ground cover beds, irrigation facilities, and other miscellaneous City of Ir DATE: June 17, 2004 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager�O�� Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor LM Public Works Department, Engineering Division ` SUBJECT: TT 5321, Public Works Conditions of Approval (Mckinley between Cornelia and Blythe) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5321, which was submitted by Pleasant Valley Investments, LC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Handicap access ramps are required at all corners within the limits of this subdivision. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. Frontage Improvement Requirements: Major Streets: McKinley Avenue: Arterial 1. Dedicate 55' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards 2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a ten (10) foot residential pattern. 3. Construct twenty (20) feet of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to McKinley Avenue from all lots within this subdivision. 1 f 1 II I 1 VARIES .37' MIN PROPERTY - LINE zl 0 uj f=- z ui U J / SECTION LINE I --- - - _-_ PROPERTY I LINE F-- z wl i I z Li Q I I n LL- 0 f wI I f jai Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. -2- CALouiselREZONEIR-04-033.doc City of ion in ���li aA`��, DEPARTMENT OF PUBLIC UTHA iTS Date: May 27, 2004 To: SANDRA BROCK, Planner III Planning and Development Department, Advance Planning From: DOUG BECKER, Engineer 11 Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5321, R-04-33 General T-5321 and R-04-33 is requesting an 86-lot single-family residential subdivision, rezoning from the AE-5/UGM to the R-1/UGM zone district on 19.35 acres located on the South side of West McKinley Avenue between North Cornelia and North Blythe Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but im+paots can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements A 15-inch sanitary sewer main is located in West McKinley Avenue. Sanitary sewer facilities will be aifable to provide service to the site subject to the following requirements: I_ Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 2. Separate sewer house branches shall be provided for each lot created. 3_ Provide separate sewer house branches from North Antioch Avenue to existing dwellings located at 4605 W. McKinley Avenue. 4. Abandon all existing on-site private sanitary sewer systems. 5_ Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6_ Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Water UGM UGM Water Service Area Number: 301 s Water Fees 1. Payment for installation of water service(s) and/or meter(s) is required. 2. Water Connection Charges are due and shall be paid for the Project. . FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through 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. 5321 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. /'a� AAL Gerald E. Lakeman, Pro' ct Engineer: Jamie Miller District Engineer, Assistant General Manager C: QUAD KNOPF, INC. 8405 N. FRESNO ST., STE. 300 FRESNO, CA 93720 5321 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 issuance of a building permit or recording of the final map. The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The District recommends the City require the dedication of a drainage covenant thru the proposed Tract 5321. This is necessary to provide surface drainage from Assessor's Parcel No. 312-111-07, 08, 09 and 10 to the Master Plan inlet located within Tract 5321. If the drainage covenant is not dedicated, then the Developer of Tract 5321 will be responsible for the non-fee creditable cost of a pipe extension to the westerly property line of Tract 5321. Major storm flows from north of Tract 5321 shall be conveyed southwesterly through this project toward Cornelia Avenue. The developer shall provide a conveyance method for review and approval such that the major storm flow can be safely conveyed toward Cornelia Avenue without damage to proposed and future structures within the adjacent property. No surface run-off shall be directed towards the District basin. There is an existing fifteen-foot(15')wide storm drain easement along the southeast property line of Tract 5321 as shown on the attached sketch. No encroachments into the easement shall be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. A fifteen-foot(15')storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. Development No. Tract 5321 engr\permit\eahibits2\tract\532]Om) Ms. Sandra Brock June 1, 2004 Page 2 We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin,Executive Director, Council of Fresno County Governments "Caltrans improves mobility across California" 0 STATE OF CALIFORMA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD-SCHWARZENEGGER.Govet, r DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE e P.O.BOX 12616 FRESNO.,CA 93778-2616 PHONE (559)445-6666 Flee your power? FAX (559)488-4088 TTY (559)488-4066 Be energy ecient? -JUL 2 1 204 July 20, 2004 planning DiviS.Ion t merit Dee De C� OF FRMSNO 2131-IGRICEQA 6-FRE-99-23.8+1- T-5321 & R-04-33 (TPM 2004-11) Ms. Sandra Brock C*ty of Fresno Development Department 1600 Fresno Street Fresno, CA 93721 Dear Ms. Brock: Caltrans notes that the City has published a "Notice of Environmental Finding" (July 14, 2004) for the proposed 86-lot single-family residential development on the South side of West McKinley Avenue between North Milburn and. North Cornelia Avenues, west of State Route (SR) 99. Caltrans made comments on this project in a letter dated June 1, 2004 (copy enclosed. Please ensure that our letter is included in any staff reports prepared for this project. We request that this letter be made part of the permanent record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please sPrd a conv.nf the staff. rcpnrr-(s)*to Caltrans prior to apy scheduled hearings for this item. If you have any questions, please call me at.(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Executive Director, Council of Fresno County Governments "Caltrans improves inability across California" Finding of Conformity Under MSIR No. 10130 Environmental Assessment No. T-5321 ITPM-2004-1 1/R-04-033 Page 2 July 12, 2004 The City of Fresno and other public service providers and trustee agencies have reviewed these projects and has imposed appropriate conditions as necessary to protect health and safety,maintain adequate traffic carrying capacity of the street network, provide for alternative transportation, and maintain orderly development patterns. With the incorporation and implementation of project conditions for the parcel map and tract map, this development is not expected to adversely impact existing city or special district service systems. The City of Fresno Public Works Department Engineering Division Transportation Planning Section has determined that this project is not expected to adversely impact the traffic circulation system that serves the subject parcel and other property in the vicinity. Fire protection and suppression conditions have been verified by the Fresno Fire Department. Adequate water and sewer service capacity have been verified by the City of Fresno Department of Public Utilities, and conditions relating to utility infrastructure construction have been applied to the project. Adequate public school facilities have been verified by the Central Unified School District, which is requiring payment of school construction fees for residential building permits. 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. Potential environmental effects related to development of the subject property were evaluated in the MEIR relate to the 2025 Fresno General Plan and West Area Community Plan. These potential effects include: impacts associated with the medium-density residential land use designation; impacts associated with the R-1/UGM zoning requested for the subject parcel; and impacts associated with the development of single-family residential subdivisions at the medium density range. Based on this initial study, the City of Fresno concludes that the project does not materially change the land use indicated for the subject parcel. It does not facilitate intensification of uses beyond that allowed by the planned land use designation as analyzed under MEIR No. 10130 prepared for the 2025 Fresno General Plan. The proposed project will not generate additional significant effects which were not previously identified by the MEIR; and no.new additional mitigation measures are required. Therefore, the project proposal is fully within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. As lead agency for this project, the. Planning and Development Department has determined,. per Section 15177(d) of the .CEQA.Guidelines, that all feasible mitigation measures from MEIR No. 10130 shall apply-to the project proposal as noted in the attached Mitigation Monitoring Checklist and as 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). - Public notice is being provided regarding this proposed environmental finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). 7 Darrell Unruh Yate Planning Manager, City of Fresno Attachments: EA Checklist for T=5321/TPM2004-11/R-04-033 Mitigation Monitoring Checklist for Environmental Assessment No. T-5321/TPM-2004-11/R-04-033 �t cu U- O o CU r O (n T O �q O _d c aQ � y s• r' ` C y 3 cu d {��•l��jyy7r it ` `�. 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