HomeMy WebLinkAboutT-5321 - Report - 8/2/2005 r FINAL MAP CHECKLIST
REPORT TO THE CITY COUN TRACT NO. 5321/UGM
OF VESTING TENTATIVE TRACT NO. 532
APPROVED BY
August 24, 2004
DEPARTMENT DIRECT rA
FROM: NICK P. YOVINO, Director
Planning and Development Department
CITY MANAGE BY: DARRELL UNRUH, Planning Manage
Planning Division
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-33 AND
FINDING OF CONFORMITY FOR ENVIRONMENTAL ASSESSMENT
NO. R-04-33/TPM-2004-111T-5321
RECOMMENDATION
Staff recommends the City Council take the following action:
1. APPROVE the environmental Finding of Conformity for Environmental Assessment (EA)
No. R-04-33/TPM-2004-111T-5321, dated July 12, 2004, that the project conforms to the
provisions of the 2025 Fresno General Plan Master Environmental. Impact Report.
(MEIR No. 10130).
2. APPROVE Rezone Application No. R-04-33 to rezone the project site from the AE-5/UGM
(Exclusive Five-Acre Agricultural/Urban Growth Management Area) zone district to the
R-1/UGM (Single Family Residential/UGM Area) zone district.
EXECUTIVE SUMMARY
Rezone Application.No. R-04033, 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 Distr%Ct/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. On August 4, 2004, the Fresno City
Planning Commission recommended approval of the rezone application to the City Council. The
Planning. Commission also took action to approve t related Vesting Tentative Tract Map
No. T-5321/UGM, which proposes an 86-lot single-family residential subdivision at an overall
density of 4.78 dwelling units per acre. Staff is also recommending approval of the rezone
application.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033
Page 3
August 4, 2004
PLANNING COMMISSION On August 4, 2004, the Planning Commission voted to
RECOMMENDATION recommend approval of the rezone application by a vote of 4 to 0
with two Commissioners absent.
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
SOUTH Public Facility/ (Fresno County zoning, FMFCD Ponding Basin AN
Ponding Basin Limited Twenty-Acre (partially excavated)
Agricultural District)
EAST Medium-Density R-1/UGM Single-family subdivision
Residential (Single-Family Residential (homes under construction)
District/UGM 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)
ENVIRONMENTAL FINDING
The initial study prepared for Environmental. Assessment No. R-04-033/TPM-2004-11/T-5321
considered potential environmental impacts associated with the rezoning and subdivision of this
19.35-acre site. (Tentative Parcel Map No. 2004-11 has concurrently been filed to create an
18.35± acre parcel as separate from the approximately 1-acre remainder, to expedite business
arrangements related to the Vesting Tentative Tract Map).
The initial study indicates that these applications, if approved, would create a project that conforms
to the land use designation and policies (the Urban Form Element) of the 2025 Fresno General
Plan and West Area Community Plan. The information received during this initial study confirms
that the potential environmental impacts associated with this project would be within the scope of
the. City of Fresno's Master Environmental Impact Report (MEIR) No. 10130, which was prepared.
and certified for the 2025 Fresno General Plan and adoption of the West.Area Community Plan.
r
s
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033
Page 5
August 4, 2004
The traffic.generated by this,project can be accommodated by the planned circulation system with
street improvements completed by the:project as required, by development standards.and Master
Environmental Impact Report No. 10130 mitigation measures. Sewer, water; and drainage
infrastructure availability and service demands have been verified by the Department of Public
Utilities and Fresno Metropolitan Flood Control District. Appropriate improvement requirements
have been included in.the Conditions of Approval for Vesting Tentative Tract Map No. 5321/UGM:
Notices .of.the August 4, 2004 Planning Commission hearing on Vesting Tentative Tract Map•
Application No. 5321/UGM and Rezone application No. R-04-033.were mailed to the school district
and to all property owners having land within a 500-foot radius of the tract map's boundaries: As
of Thursday,August.19, no appeals were received regarding the subdivision or the rezoning:
West Area Citizens Advisory Committee
The Advisory Committee for the West Area Community Plan Area reviewed the proposed rezone
and tract map on June 14, 2004, and recommended approval by a vote of 3 to 1 with three
members absent. The Committee noted that it wants.to,. see a master infrastructure plan to.
provide for full improvement of all major streets between this project and Freeway 99 (the Public
Works Director has.discussed this issue with the Committee, and Fresno County has been
requested to .cooperate in this effort). The Committee also commented that they would like the
tract map remainder to take its access from North Milburn. Avenue instead of West McKinley
Avenue; however, the occupant of the existing residence (who is a co-applicant for this project) ;.
has requested that her decorative fence and automatic gate be retained on West McKinley, and #
staff has determined that,the grade differential between the property and North Milburn Avenue ,.1,..
would render that route of access less desirable:
Fresno City Planning Commission
On August 4, 2004, the Fresno City :Planning Commission considered Rezone. Application .
No. R-0433 in conjunction with Vesting Tentative Tract Map No. 5321/UGM. No one appeared to
object to, or comment on, the project or its proposed tract map conditions of approval. The
Planning Commission approved staffs recommendation to approve the rezone and tentative tract
map by a vote of 4 to 0 (with one Commissioner absent and two Commission seats not filled). The .
Resolutions for approval are attached.
No appeals of the Conditions of Approval for Tract. 5321/UGM were lodged.within..the. statutory
deadline following the Planning Commission's determination on this subdivision; therefore, those
conditions are deemed approved pursuant to provisions of the Subdivision Map Act.
Land Use Plans and Policies
The 2025 Fresno General Plan and.West Area Community`Plan designate the subject property for
medium density residential land uses. The Planning and Development Department staff has
evaluated the requested..rezone in accordance with the land use and environmental policies and
provisions of the 2025 Fresno General Plan and Master Environmental Impact Report. The
subject property currently is predominantly fallow agricultural land with two homes at its northeast
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5321/UGM, Rezone No: R-04-033
Page 7
August 4, 2004
not near its traffic capacity even on segments in the project vicinity that are only developed with
two travel lanes:
The tract map conditions require dedication and construction of full-width improvements for West
McKinley Avenue along the.frontage of the entire 19.35=acre parcel. This includes the frontage of
the.1t acre remainder, where improvement of West McKinley Avenue. is being required due to
considerations of health. and safety and. orderly development. Full width improvements include
the construction of travel lanes. and bike lane with striping, curb, gutter, sidewalk, and transition
paving where street width may decrease due to intervening County rural residential parcels. It
also includes'construction of an underground street lighting system. Pursuant to the City's Urban
Growth Management policies,.the developer will also be requiredto improve.the center section
(center two travel lanes and median island paving} of West McKinley Avenue for approximately
1/8 mile west of the project, to improve the center section of North Cornelia Avenue to a point
250 feet north of that intersection, and to provide for a turn pockets in these street segments.
Tract lots abutting. West McKinley Avenue are required to relinquish direct access rights to the
major street. In order for the owner of the remainder to continue using a developed driveway that
connects to West McKinley Avenue, the tract map conditions require that an on-site turnaround be
constructed on the remainder property (per City standards), to ensure that vehicles will not back
out onto McKinley Avenue. The driveway gate on McKinley Avenue also may need to be relocated
so that there is sufficient vehicle stacking room outside the gate. The owner/occupant/applicant
has also been advised that there will be a solid median island in McKinley Avenue across from the
home,and no left pocket or median break will be allowed for this retained driveway.
Tentative Tract Map No. 5321/UGM conditions additionally require construction of an
asphalticoncrete paved walking..path on the south side of West McKinley Avenue from the end of
the existing sidewalk of Tract No. 4974 eastward'to North Blythe Avenue, in order to provide.a safe
walking route for students to reach the elementary school at Blythe and McKinley Avenues.
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:
Tentative Trace Map No. 5321/UGM is proposed to have two local street points of access to West
McKinley Avenue. One of the entry streets (North Milburn Avenue), currently improved to half-
width
alfwidth for Tract 4974,' Will be improved to full width by this proposed project, and will have a full
median break.with turn pocket in.West McKinley Avenue to permit all turning` movements. The
other entry. street, to be named North Belvedere Avenue, will 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 therural residential parcels at the southwest corner of
the subdivision. The subdivider is proposing a stub street(West Pine Avenue)at the southwestem
portion of the site (Public Works requires that this be barricaded per City standards.) The property
r
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5321/UGM, Rezone No. R-04-033
Page 9
August 4, 2004
analysis of this project, which is of a size below that requiring a specific traffic impact study, is not
warranted.
City and.CalTrans representatives have also met separately to review citywide impacts on State
highway facilities, the legal requirements for determining significant impacts under the California
Environmental Quality Act (CEQA), for determining when a nexus exists between a project and
highway impacts (i.e., the demonstration of a direct relationship between a project and a potential
impact), and approaches for. meeting the "proportionality test" for requiring mitigation. (i.e., for
ensuring that new development projects are assessed a fair share of the cost of mitigating impacts,
as has been required by U.S. Supreme Court decisions on land use and as is required under the
California Government Code §§ 66000 et seq., the California Mitigation Fee Act enacted through
Assembly Bill 1600).
Along with'other cities and Fresno County, the City of Fresno has partnered with Fresno COG and
CalTrans on a regional study of State highway facility capacity and measures needed to preserve
and improve capacity of those facilities. A Partnership in Planning grant has been obtained to
complete a regional freeway deficiency study for the greater Fresno-Clovis-Madera Metropolitan
Area. This study focuses on facilities projected.to be most impacted by projected increases in
traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan
area, and the improvements that would be necessary to provide adequate vehicular capacity.
Findings from this study may allow proportionate traffic impact fees to be implemented by cities
and counties in the study area, upon adoption by the respective jurisdictions.
The CalTrans June 1 letter recommends a series of transportation alternatives. In the absence
demonstrated significant adverse impacts. from this project, there is. no nexus to impose
extraordinary'mitigation measures such as requiring the developer to construct a park& ride facility
on, or in the vicinity of, this project; not to create a special assessment district for purchasing and
operating commuter shuttles; nor to purchase monthly bus passes for all future residents of the
subdivision. A network of park &'ride lots and/or commuter shuttle transit districts would require a
City-wide or regional program, with budgetary. resources committed to ongoing maintenance,
improvement, safety, financing, security, and risk management for the facilities and vehicles
involved. This would be an undertaking beyond the scope of an individual subdivision project such
as Tract 5321.
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/vanpools 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
STATE OF CALIFORNIA-BUSINESS. TRA SFORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,r:,,,,..,,,,
C
DEPARTMENT OF TRANSPORTATION —
1352 WEST OLIVE AVENUE
'.O.BOX 12616
ESNO,CA 93778-2616
tHONE (559)445-6666 Flex your power!
FAX (559)488-4088 Be energy efficient!
TTY (559)488-4066
June 1, 2004
2131-IGR/CEQA
6-FRE-99-23.8+/-
T-5321 &R-04-33
(TPM 2004-11)
Ms. Sandra Brock
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Ms. Brock:
We have completed our review of the vesting tentative tract map and rezone 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 has the following comments:
The proposal, in and of itself, is not expected to create significant impacts to the State
Highway System. It is estimated that at this development intensity, the project would
likely generate approximately 86 trips during the PM peak hour. It is further estimated that
a portion of the generated trips would impact the SR 99 interchanges at McKinley Avenue.
The McKinley Avenue interchange is expected to require future improvements such as
signalizing the ramp intersections and adding turn lanes.
This project is below the 2025 General Plan MEIR. threshold that requires projects
producing 100 or more peak-hour trips to evaluate the project's contribution to increased
peak-hour vehicle delay at major street intersections adjacent or proximate to the project
site (Mitigation Measure B-4). However, when combined with the numerous other
residential projects in the area, this project's impacts to the transportation/circulation
system and to air quality will be cumulatively significant. 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. The project is small, but
when combined with other projects in the area, there is sufficient residential development
to support transit. 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.
"Caltrans improves mobility across California"
v
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.
I 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.
v
STATE OF CAI IFORMA BUSINESS TRANSPORTATION AND HOUSNNG AGENCY - ARNOLD SCHWARZENEGGER Qonqr
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
P.O.BOX 12616 * 0
'RESNO,CA 93778-2616
HONE (559)445-6666p E t E�YED Flex pow power'
FAX (559)488-4088 b L, Be energy efficient,
(559)488-4066
-JUL 2 2004
July 20, 2004 punning D'v's'lorlpartMeat
De CIT;,,or F.R N0 2131-IGRJCEQA
6-FRE-99-23.8+/-
T-5321 & R-04-33
(TPM 2004-11)
Ms. Sandra Brock
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
:Gear 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 bath 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.
plea$e semi w :pop,; of the Staff, rero?t(sYto Caltrans prior to any scheduled hearings for this
item. If you have any questions, please call me at (559) 445-6666.
Sincerely,
F
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"
Q FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12054
The Fresno City'Planning Commission at its regular meeting on August 4, 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,Vesting Tentative Tract Map No. 5321/UGM was filed with the City of Fresno and proposes to
subdivide the subject property into an 86-lot single family residential subdivision with a remainder on 19.35
acres of land located on the south side of West McKinley Avenue between North Blythe Avenue and North
Cornelia Avenue; 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 August 4, 2004; and,
WHEREAS,the Fresno City Planning Commission conducted a public hearing on August 4,2004,to review
the proposed subdivision and considered the staff report and invited testimony with respect to the proposed
subdivision.
NOW, THEREFORE, BE IT RESOLVED, 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. 5321/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(ME.IR No. 10130)issued on July 12,
2004, prepared for Environmental Assessment No. R-04-033/TPM-2004-11/T-5321.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of this tentative
tract map is consistent with the adopted 2025 Fresno General Plan and the West Area Community Plan,
subject to subsection 12-403-B-2.b(1)of the Fresno Municipal Code and the findings required pursuant to
Section 66410 et. seq.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby finds that, on the West
McKinley and North Milburn Avenue frontages of the remainder, full-width improvement of these
rights-of-way(to include construction of vehicle travel lanes, median island, gutter, curbing,street lighting,
and sidewalks as required,to City Public Works standards)is necessary for public health and safety and for
orderly development, pursuant to Section 66424.6 of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5321/UGM subject to the Planning and Development Department Conditions of
Approval dated August 4, 2004.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner DiBuduo, seconded by Commissioner Vang.
VOTING: Ayes - DiBuduo, Vang, Brown, Brand
Noes - None
Not Voting - None
Absent - Kissler
DATED: August 4, 2004 'JF
K P. YOVINO, Secretary
sno City Planning Commission
Resolution No. 12054
Vesting Tentative Tract Map No. 5321/UGM
Filed by Pleasant Valley Investments LLC and
Kiyoko Uyeno 1999 Trust
Action:Approve
KACommonlMaster Files 20041Rezone\R-04-033,T-5321 14-T PC Reso tractdoc
c ,
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12055
The Fresno City Planning Commission, at its regular meeting on August 4, 2004, adopted the following
resolution relating to Rezone Application No. R-04-33.
WHEREAS, Rezone Application No. R-04-33 has been filed with the City of Fresno to rezone property
as described below:
REQUESTED ZONING: R-1/UGM (Single Family ResidentialNrban Growth Management
Area)
EXISTING ZONING: AE-5/UGM (Exclusive Five-Acre Agricultural D%Strict/UGMArea)
APPLICANT: Pleasant Valley Investments LLC and Kiyoko Uyeno 1999 Trust
PROPERTY LOCATION: 4605 W. McKinley Avenue: Located on the south side of
West McKinley Avenue between North Blythe and
North Cornelia Avenues
ASSESSOR'S PARCEL: 312-111-35
LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM:
REAL PROPERTY IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS.
THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF 'SECTION 35 IN TOWNSHIP 13 SOUTH, RANGE 19 EAST,
MOUNT DIABLO BASE AND MERIDIAN, CITY OF FRESNO, COUNTY OF
FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT TOWNSHIP PLAT THEREOF.
EXCLUDING THEREFROM, THE FOLLOWING:
THE NORTH 30.00 FEET OF THE EAST ONE-HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 35 IN
TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND
MERIDIAN.
WHEREAS, the above-named applicants are requesting a zoning change on the above property in
order to allow for a proposed 86-lot single-family residential subdivision; and,
WHEREAS, for the Fresno City Planning Commission August 4, 2004 hearing, the Commission
received a staff report and related information, environmental documents, and considered the
requested zoning change; and
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project; and,
c
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 SECONDED BY
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF
FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5
INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE,
BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO
WHEREAS, Rezone Application No. R-04-33 has been filed with the City of Fresno to
rezone property as described hereinbelow; and,
WHEREAS, the West Area Community Plan Citizens Advisory Committee considered this
application at its meeting of June 14, 2004, 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 4th day of
August 2004, to consider Rezone Application No. R-0433 and its related Environmental
Assessment No. R-04-33/TPM-2004-11/T-5321 during which the Commission recommended to
the Council of the City of Fresno approval of the subject rezone application amending the City's
Zoning Ordinance on real property. described hereinbelow from the AE-5/UGM (Exclusive
Ordinance Amending Official Zone Map
Rezone Application No. R-04-33
Page 3
THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 35 IN TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND
MERIDIAN, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA,
ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF.
EXCLUDING THEREFROM, THE FOLLOWING:
THE NORTH 30.00 FEET OF THE EAST ONE-HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 35 IN TOWNSHIP 13 SOUTH,
RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN.
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.
yl ^
RESOLUTION NO. 2005-185
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5321 AND
ACCEPTING DEDICATED PUBLIC USES THEREIN.
WHEREAS,WOODSIDE SEVILLANO Inc.,a California Corporation, has offered forapproval
a Final Map designated as Tract No. 5321 ("map"), pursuant to approved Tentative Map No. 5321
("tentative map"); and,
WHEREAS, all the certificates which appear on the-map (except the approval certificate of
the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno)
have been signed and acknowledged and said map has been filed for approval; and,
WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the
State of California, and City ordinances, resolutions and standards, except that Section 66492 and
66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this
resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County
a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council;
and,
WHEREAS, the Council finds that the proposed subdivision, together with the provisions for
its design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and
others have offered for dedication certain streets, public utility easements, access rights and other
public properties and uses as shown and delineated upon said map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved
said tentative map.
9
Resolution Approving the
Final Map of Tract No. 5321
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. That the map is hereby approved and all of the streets, public utility easements,access rights
and other public properties and uses offered for dedication on the map are hereby accepted,
subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act
prior to release of the map for recordation.
2. The Council finds that the map is in substantial compliance with said tentative map, any
deviations therefrom being deemed,to be approved by the Council.
S
Resolution Approving the
Final Map of Tract No. 5321
Page 3
CLERK'S CERTIFICATE
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 7th
day of .Tune 2005.
AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages
NOES: None
ABSENT: None
ABSTAIN: None
REBECCA E. KLISCH, CMC
City Clerk
BY: ®
APPROVED AS TO FORM:
HILDA CA TU MONTOY
BY: 141�
Deputy