HomeMy WebLinkAboutT-5325 - Conditions of Approval - 10/27/2005 City of
FILE COPY
Irr k=_i=R%►§ Planning and. Development Department
2600 Fresno Street • Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559)621-8277 FAX (559) 488-1020
April 21, 2005 Please Reply To:
Kevin Fabino
(559) 621-8046
Chris Kliewer
Yamabe & Horn Engineering, Inc
1300 East Shaw Avenue, Suite 176
Fresno, California 93710
Dear Mr. Kliewer.
SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO
CITY COUNCIL REGARDING REZONE APPLICATION NO. R-04-51, VESTING
TENTATIVE TRACT MAP NO 5325/UGM AND CONDITIONAL USE PERMIT
APPLICATION NO. C-04-163 FOR PROPERTY LOCATED ON THE SOUTHEAST
CORNER OF NORTH POLK AND EAST GETTYSBURG AVENEUS (APN 311-032-18)
The Fresno City Council conducted a duly noticed public hearing on April 12, 2005, to consider Rezone
Application No. R-04-51. This application relates to the future development of a 44-lot single family
residential planned development subdivision on approximately 8.8 acres of property located on the.
southeast corner of North Polk and East Gettysburg Avenues_. Following a full and complete hearing, the
Council adopted Ordinance No. 2005-34 relating to the above application as follows:
1. Ordinance No. 2005-34 (enclosed) approved Rezone Application No. R-04-51 proposing to
rezone the subject property from AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth
Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth
Management) zone district.
The Planning Commission previously conducted a duly noticed public hearing on December 15, 2005, to
consider Rezone Application No. R-0451 and recommended that the Council approve the application. The
Planning Commission also took action at the hearing to approve related Vesting Tentative Tract Map No.
5325/UGM and Conditional Use Permit Application No. C-04-163. The resolution (Planning Commission
Resolution No. 12136 and Resolution No. 12135) approving the tentative tract map and conditional use
permit are attached.
Please be advised that the rezoning ordinance shall become effective and in full force at 12:01 a.m., May
13, 2005 (thirty-one days after its passage).
Sincerely,
PLANNING DIV
Kevin Fabino, ner
KAMaster Files-2004\REZONE\R-04-51\T-5325\C-04-163-Polk&Gettysburg-Final Action Letter.doc
Enclosures: Council Ordinance No. 2005-34
Planning Commission Resolution No. 12135 and 12136
cc: Fresno County Assessor
Recording Requested by:
City Clerk, Fresno, California
s
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 Sterling SECONDED BY Duncan
BILL NO. B-32
ORDINANCE NO. 2005-34
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-04-51 has been filed by. Century Developers,LLC,on behalf of
Stephen N.Claassen and Linda H. Claassen, property owners,with the City of Fresno to rezone property as
described hereinbelow; and
WHEREAS, the West Area Community Plan Advisory Committee considered this application at its
meeting of August 9, 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 15th day of December, 2004, to
consider Rezone Application No. R-04-51 and related Environmental Assessment No. R-04-51/T-5325/C-04-
163,during which the Commission recommended to the Council of the City of Fresno approval of the rezone
application which proposes to amend the City's Zoning Ordinance on real property from the AE-5/UGM
(Exclusive Five Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family
ResidentiaUUrban Growth Management) zone district; and,
WHEREAS, the Council of the City of .Fresno, on the 12th day of April, 2005, received
the recommendation of the Planning Commission.
�r Iz o5
" 13/o s 2c)0,53"�
Ordinance Amending Official Zone Map
Rezone Application No. R-04-51
Page 2
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
h SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in
the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment
that there is no substantial evidence in the record that the rezoning may have a significant effect on the
environment as identified by the Finding of Conformity to the 2025 Fresno General Plan
Master Environmental Impact Report (MEIR No. 10130) dated September 17, 2004, prepared for
Environmental Assessment No. R-04-51/T-5325/C-04-163. Accordingly,Environmental Assessment No. R- .
04-51/T-5325/C-04-163 is hereby approved.
SECTION 2. The Council finds the requested R-1/UGM zone district consistent with the existing
medium density residential planned land use designation of the 2025 Fresno General Plan and the West
Area Community Plan, as,specified in Section 12-403-B of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from
the AE-5(Exclusive Five Acre AgriculturallUrban Growth Management)zone district to the R-1/UGM (Single
Family Residential/Urban Growth Management) zone district.
From AE-5/UGM to R-1/UGM:
The north'/4 of the northwest quarter of the southeast quarter of section 15,township 13 south,range
19 east, mount Diablo base and meridian,in the City of Fresno, County of Fresno,State of California.
Excepting therefrom the northerly 30 feet thereof as granted to the Fresno Traction Company, a
corporation,by deed recorded in Book 533, Page 350, in Book 537, Page 176,and in Book 514, Page
184, all of deeds, Fresno County Records.
Also excepting therefrom an undivided '/z interest in and to all oil, gas, and other hydrocarbons and
minerals now or any time hereafter situated therein and thereunder as reserved by Oscar Jacobsen, et
al, in deed recorded in book 2611, page 485 of official records.
APN: 311-032-18s
SECTION 4.' This ordinance shall become effective and in full force and effect at 12:01 a.m.on the
thirty-first day after its passage.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 12'h day of
April, 2005, by the following vote:
Ayes: Calhoun, Duncan, Perea, Sterling, Westerlund, Dages
Noes: Boyaj ian .
Absent: None
Abstain: None
REBECCA E. KLISCH
City Clerk '
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorn
By
Deputy
Rezone Application No. R-04-51
Filed by Yamabe and Horn Engineering,.Inc.
on behalf of Century Developers, LLC.
Assessor's Parcel No. 311-032-18s
K WASTER FILES-20041REZONEIR-04-051-T-5325 CC ORDINANCE BILL 4-5-05.DOC
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12135
i
I
The Fresno City.Planning Commission, at its regular meeting on December 15, 2004, adopted the following j
resolution relating to Conditional Use Permit Application No. C-04-163.
CONDITIONAL USE REQUESTED: 44-unit single family residential dwelling planned unit
development subdivision.
PROPERTY LOCATION: 311-032-18s
PROPOERTY DESCRIPTION: Southeast comer of North Polk and West Gettysburg Avenues
EXISTING/PROPOSED ZONING: AE-5/UGM. (Exclusive Five Acre Agricultural District/Urban
Growth Management) zone district to R-1/UGM (Single Family
Residential/Urban Growth Management) zone district
WHEREAS,the W est Area Community Plan Advisory Committee reviewed the application on August 9,2004,
and recommended approval; and,
WHEREAS, the Fresno City Planning Commission during its December 15, 2004, meeting, reviewed and
considered the subject conditional use permit application relative to the staff report and the Finding of
Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10 130)
dated September 17, 2004,issued for the project.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Conditional Use Permit No. C-
.04-163 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025
Fresno General Plan Master Environmental Impact Report(MEIR No. 10130) dated September 17, 2004.
BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections,
investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has
established that approval of the special permit would be in accordance with applicable provisions of the
Fresno Municipal Code, including the determination that all findings have been made relative to the
issuance of a conditional use permit for the proposed project.
BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-04-163 is approved, subject
to the following conditions, incorporated in said conditional use permit file:
1. Development shall take place in substantial conformance with Exhibits A -E, dated July 8, 2004.
2. Development shall take place in accordance with the Conditions of Approval for Conditional Use
Permit Application No. C-04-163 dated December 8_2004.
4.
Planning Commission Resolution No. 12135
Conditional Use Permit.No. C-04-163
December 15, 2004
Page 2
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Vasquez, seconded by Commissioner Kissler.
VOTING: Ayes - Vasquez, Kissler,'DiBuduo, Chert', Brand
Noes - None
Not Voting - None
Absent Vang
DATED: December 15, 2004. C YOVINO, Secretary
Fres City Planning Commission
Resolution No. 12135
Conditional Use Permit No. C-04-163
Filed by Yamabe and Horn Engineering, Inc. on behalf
of Century Developers, LLC
Action: Recommend Approval
KWASTER FILES-TRACT MAPSURACT 5325/R-04-51/C-04-163 PC RESO.00C
i
FRESNO. CITY PLANNING COMMISSION
RESOLUTION NO-. 12136
The Fresno City Planning Commission at its regular meeting on December 15, 2004, adopted the I
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.5325/UGM was filed with the City of Fresno and proposes to
subdivide the subject property into a 44-lot single family residential planned unit development subdivision
on approximately 8.8 acres of land located on the southeast comer of North Polk and West Gettysburg
Avenues; and,
WHEREAS, the West Area Community Plan Advisory Committee reviewed the application on August 9,
2004, and recommended approval of the tentative tract map; and,
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project subject to all conditions of approval contained in the staff report dated December 15, 2004; and,
WHEREAS,the Fresno City Planning Commission conducted a public hearing on December 15, 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, that the Fresno City Planning Commission hereby finds and .
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map
No. 5325/UGM may have a significant effect on the environment as identified by the Finding of Conformity
to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated
September 17, 2004, prepared for Environmental Assessment No. R-04-51/T-5325/C-04-163.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the
adopted 2025 Fresno General Plan and the West Area Community Plan and the findings required
pursuant to Section 66410 et. seq. of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5325/UGM subject to the Planning and Development Department Conditions of
Approval, dated December 15, 2004.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Vasquez, seconded by Commissioner Kissler.
VOTING: Ayes - DiBuduo, Vang, Kissler, Cherry, Brand
Noes - None
Not Voting - None
Absent - Vang
DATED: December 15, 2004 tno
OVINO, Secretary.
w Planning Commission
Resolution No. 12136 I:
Vesting Tentative Tract Map No. 5325/UGM
Filed by Yamabe and Horn Engineering, Inc.
on behalf of Century Developers, LLC
Action: Recommend Approval
K:\MASTER FILES-TRACT MAPS\TRACT 5325(R-04-52)\T-53251C-04-163-PC RESO.DOC i
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO.:_12134
The Fresno City Planning Commission, at its regular meeting on December 15, 2004, adopted the following
resolution relating to Rezone Application No. R-04-51.
WHEREAS, Rezone Application No. R-04-51 has been filed with the City of Fresno to rezone the property as
described below:
REQUESTED ZONING: R-1/UGM(Single Family Residential/Urban Growth Management)zone district
EXISTING ZONING: AE-5/UGM (Exclusive Five Acre Agricultural District/Urban Growth
Management)zone district
APPLICANT: Yamabe and Horn Engineering, Inc. on behalf of Century Developers, LLC.
LOCATION: Southeast corner of North Polk and West Gettysburg Avenues
APN: 311-032-18s
LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM:
The north Y of the northwest quarter of the southeast quarter of section 15,
township 13 south, range 19 east, mount Diablo base and meridian, in the City
of Fresno, County of Fresno, State of California.
Excepting therefrom the northerly 30 feet thereof as granted to the Fresno
Traction Company, a corporation, by deed recorded in Book 533, Page 350, in
Book 537, Page 176, and in Book 514, Page 184, all of deeds, Fresno County
Records.
Also excepting therefrom an undivided%interest in and to all oil,gas,and other
hydrocarbons and minerals now or any time hereafter situated therein and
thereunder as reserved by-Oscar Jacobsen, et al, in deed recorded in book
2611; page 485 of official records.
APN: 311-032-18s
WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow
for a proposed 44-lot single family residential subdivision; and,
WHEREAS, the West Area Community Plan Advisory Committee reviewed the application on August 9,2004,
and recommended approval; and,
WHEREAS, during the December 15, 2004, hearing, the Commission received a staff report and related
information, environmental documents and considered testimony regarding the requested zoning change;
and,
WHEREAS, the Fresno City Planning Commission on December 15, 2004, reviewed; the subject rezone
application in accordance with the policies of the 2025 Fresno General Plan and West Area Community Plan;
and,
Planning Commission Resolution No. 12134
Rezone Application No. R-04-51
December 15, 2004
Page.2
WHEREAS, no neighbors spoke in opposition to the project.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-04-51
may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno
General Plan Master Environmental Impact Report(MEIR No. 10130)dated September 17, 2004, prepared
for Environmental Assessment No. R-04-51/T-5325/C-04-163.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City
Council that the requested R-1/UGM(Single Family Residential/Urban Growth Management)zone district be
approved.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Vasquez, seconded by Commissioner Kissler.
VOTING: Ayes - Vasquez, Kissler, DiBuduo, Cherry,Brand
Noes - None
Not Voting - None
Absent - Vang
DATED: December 15, 2004 NICK YOVINO, Secretary
Fres City Planning Commission
Resolution No. 12134
Rezone Application No. R-04-51
Filed by Yamabe and Horn Engineering, Inc. on behalf
of Century Developers, LLC
Action: Recommend Approval
KAMASTER FILES-R-04-511T-5325/UGM/C-04-163;KF,PC RESO(Rezone).DOC
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12135
The Fresno City Planning Commission, at its regular meeting on December 15, 2004, adopted the following
resolution relating to Conditional Use Permit Application No. C-04-163.
CONDITIONAL USE REQUESTED: 44-unit single family residential dwelling planned unit
development subdivision.
PROPERTY LOCATION: 311-032-18s
PROPOERTY DESCRIPTION: Southeast comer of North Polk and West Gettysburg Avenues
EXISTING/PROPOSED ZONING: AE-5/UGM (Exclusive Five Acre Agricultural DistricbUrban
Growth Management) zone district to R-1/UGM (Single Family
Residential/Urban Growth Management) zone district
WHEREAS,the W est Area Community Plan Advisory Committee reviewed the application on August 9,2004,
and recommended approval; and,
WHEREAS, the Fresno City Planning Commission during its December 15, 2004, meeting, reviewed and
considered the subject conditional use permit application relative to the staff report and the Finding of
Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)
dated September 17, 2004, issued for the project.
NOW, THEREFORE, BE- IT RESOLVED that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Conditional Use Permit No. C-
04-163 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025
Fresno General Plan Master Environmental Impact Report(MEIR No. 10 130)dated September 17, 2004.
BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections,
investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has
established that approval of the special permit would be in accordance with applicable ,provisions of the
Fresno Municipal Code, including the determination that all findings have been made relative to the .
issuance of a conditional use permit for the proposed project.
BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-04-163 is!approved, subject
to the following conditions, incorporated in said conditional use permit file:
1. Development shall take.place in substantial conformance with Exhibits A - E, dated July 8, 2004.
2. Development shall take place in accordance with the Conditions of Approval for Conditional Use
Permit Application No. C-04-163 dated December 8, 2004.
Planning Commission Resolution No. 12135
Conditional Use Permit No. C-04-163
December 15, 2004
Page 2
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Vasquez, seconded by Commissioner Kissler.
VOTING: Ayes - Vasquez, Kissler, DiBuduo, Cherry, Brand
Noes - None
Not Voting - None
Absent - Vang
DATED: December 15, 20.04 C YOVINO, Secretary
Fres City Planning Commission
Resolution No. 12135
Conditional Use Permit No. C-04-163
Filed by Yamabe and Horn Engineering, Inc. on behalf
of Century Developers, LLC
Action: Recommend Approval
KWASTER FILES-TRACT MAPS\TRACT 5325/R-04-51/C-04-163 PC RESO.DOC
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-04-51 has been filed by Century Developers,LLC,on behalf of
Stephen N. Claassen and Linda H. Claassen, property owners,with the City of Fresno to rezone property as
described hereinbelow; and .
WHEREAS, the West Area Community Plan Advisory Committee considered this application at its
meeting of August 9, 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 15th day of December, 2004, to
consider Rezone Application No. R-04-51 and related Environmental Assessment No. R-04-51iT-5325/C-04-
163,during which the Commission.recommended to the Council of the City of Fresno approval of the rezone
application which proposes to amend the City's Zoning Ordinance on real property from the AE-5/UGM
(Exclusive Five Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management) zone district; and,
WHEREAS, the Council of the City of Fresno, on the 12th day of April, 2005, received
the recommendation of the Planning Commission.
Ordinance Amending Official Zone Map
Rezone Application No. R-04-51
Page 2
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in
the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment
that there is no substantial evidence in the record that the rezoning may have a significant effect on the
environment as identified by the Finding of Conformity to the 2025 Fresno General Plan
Master Environmental Impact Report (MSIR No. 10130) dated September 17, 2004, prepared for
Environmental Assessment No. R-04-51/T-5325/C-04-163. Accordingly,Environmental Assessment No. R-
04-51/T-5325/C-04-163 is hereby approved.
SECTION 2. The Council finds the requested R-1/UGM zone district consistent with the existing
medium density residential planned land use designation of the 2025 Fresno General Plan and the West
Area Community Plan, as specified in Section 12-403-6 of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from
the AE-5(Exclusive Five Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single
Family Residential/Urban Growth Management) zone district.
From AE-5/UGM to R-1/UGM:
The north'/4 of the northwest quarter of the southeast quarter of section 15,township 13 south,range
19 east, mount Diablo base and meridian, in the City of Fresno, County of Fresno,State of California.
Excepting therefrom the northerly 30 feet thereof as granted to the Fresno Traction Company, a
corporation, by deed recorded in Book 533, Page 350, in Book 537, Page 176,and in Book 514, Page
184, all of deeds, Fresno County Records.
Also excepting therefrom an undivided Y2 interest in and to all oil, gas, and other hydrocarbons and
minerals now or any time hereafter situated therein and thereunder as reserved by Oscar Jacobsen, et
al, in deed_recorded in book 2611, page 485 of official records.
APN: 311-032-18s
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on the
thirty-first day after its passage.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
.COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA.E. KLISCH, City Clerk of the City of Fresno, certify.that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 120' day of
April, 2005, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Rezone Application No. R-04-51
Filed by Yamabe and Horn Engineering, Inc.
on behalf of Century Developers, LLC.
Assessor's Parcel No. 311-032-18s
K;\MASTER FILES-2004\REZONE\R-04-051-T-5325 CC ORDINANCE BILL 4-5-05.DOC
° -
Caly FINAL MAP CHECKLIST
-
> .:.
City of REPORT TO THE PLANNING COM TRACT NO. 532 5/uGm
rn��:: .� A PLANNED DEVELOPMENT
December 15, 2004 OF VESTING TENTATIVE TRACT NO. 5325
FROM: STAFF, Planning Division
Planningand Development artment '
e p p DEPARTMENT DIRECTO
2i
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-51, VESTING
TENTATIVE TRACT MAP NO. 5325/UGM, CONDITIONAL USE PERMIT
NO. C-04-163 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL
ASSESSMENT NO. R-04-51/T-5325/C-04-163
EXECUTIVE SUMMARY
Rezone Application No. R-04-51 proposes to rezone an 8.8 acre property from the AE-5/UGM
(Exclusive Five Acre AgriculturallUrban Growth Management) zone district to the R-1/UGM (Single
Family Residential/Urban Growth Management) zone district. The site is located on the southeast
corner of North Polk and West Gettysburg Avenues. The applicant, Century Developers, has also filed
Vesting.Tentative Tract Map No. T-5325/UGM and Conditional Use Permit No. C-04-163 proposing to,
subdivide the subject property into a°44-lot single family residential planned development subdivision at
an overall density of 5.0 dwelling units per acre. The applications would bring the subject property
into conformance with the 2025 Fresno General Plan and the West Area Community Plan.
PROJECT INFORMATION
PROJECT A 44-lot single-family residential planned development subdivision on
approximately 8.8 acres of property to be developed to an overall
density of 5.0 units per acre.
APPLICANT Century Developers (Engineer: Yamabe and Horn Engineering, Inc.)
LOCATION Southeast corner of North Polk and West Gettysburg Avenues
(Council District 2, Councilmember Calhoun)
SITE SIZE 8.8 acres
LAND USE Existing - Rural Residential
Proposed - Single Family Residential
ZONING Existing AE-5 (Exclusive Five Acre AgriculturallUrban Growth
Management)
Proposed '- R-1/UGM (Single Family Residential/Urban Growth
Management)
PLAN DESIGNATION The proposed R-1/UGM zone district and the 44-lot single family
AND CONSISTENCY, residential planned development subdivision are consistent with the
2025 Fresno General Plan and the West Area Community Plan
designation of the site for medium density residential (4.99 to 10.37
units per acre) land use subject to Section 12-403-B-2.
ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master
FINDING Environmental Impact Report (MEIR No. 10130) issued on
September 17, 2004
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 2
PLAN COMMITTEE The West Area Community Plan Advisory Committee
RECOMMENDATION recommended approval of the rezone, vesting tentative tract map
and conditional use.permit at its meeting on August 9, 2004
STAFF Recommend approval of rezone application and approve vesting
RECOMMENDATION tentative tract map and conditional use permit applications subject to
compliance with the Conditions of Approval for T-5325/UGM dated
December 15, 2004, and Conditions of Approval for Conditional Use
Permit No. C-04-163, dated December 8, 2004
BORDERING PROPERTY INFORMATION
r R. Planned Land Use Existing Zoning Existing Land
p Use
North Medium Density Residential R-1/UGM/cz Single Family
Single Family Residential/Urban Growth Residential
Management/conditions of zoning
South Medium Density Residential R-1/UGM/cz Single Family
Single Family Residential/Urban Growth Residential
Management/conditions of zoning
(Rezone Application No. R-04-52 and Vesting
Tentative Tract Map No.5368/UGM was ,
approved on November 9,2004)
East Low Density Residential AE-5/UGM Vacant
Rural Residential/Urban Growth
Management/conditions of zoning
West Medium Density Residential . R-1/UGM/cz Single Family
Single Family Residential%Urban Growth. Residential
Management/conditions of zoning
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. R-04-51/T-5325/C-04-163 considered
potential environmental impacts associated with the subject rezone, conditional use permit and vesting
tentative tract map request. The study indicates that the project, if approved, would conform to the land
use designation and land use policies of the 2025 Fresno General Plan and is within the scope of
Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project
proposal is in conformance. to the 2025 Fresno General Plan Master Environmental Impact Report `
(MEIR No: 10130) dated September 17, 2004, which incorporates a MEIR Mitigation Monitoring
Checklist. This environmental finding was properly noticed with no comments filed within the 20-day
review and comment period.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM -
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 3
BACKGROUND /ANALYSIS
The applicant, Century Developers, has filed Rezone Application No. R-04-51, Conditional Use Permit
C-04-163, and VestingTentative Tract Map No. 5325/UGM for 8.8 acres (gross area) of property
located on the southeast corner of North Polk and West Gettysburg Avenues. The rezone application is
requesting to change from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management)
zone district to the R-1/UGM (Single Family Residential/Urban Growth 'Management) zone district.
Vesting Tentative Tract Map No. 5325/UGM proposes a 44-lot single family residential planned
development to be developed at a density of 5.0 units per acre.
On November 19, 2002,the City Council, through Resolution No. 2002-379, adopted the 2025 General
Plan which implemented the West Area Community Plan. The Community Plan designates the subject
property for medium density residential land use. The applicant wishes to pursue development of the
subject property with 44 single family dwellings. The requested R-1/UGM zone district conforms to the
medium density residential land use plan designation (4.99 to 10.37 dwelling units per acre) pursuant to
the provisions of Section 12-403-B-2-b-(1) of the Fresno Municipal Code (FMC).
Surrounding eland uses are characterized by single family residences to the north, south, and west.
Property to the east is currently vacant. Access.to the subject site will be provided from West'Gettysburg
and North Barcus Avenues. The project is designed in a manner which will allow for the future access to
the south, as well as the vehicle 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 Urban Growth Management (UGM) Service Delivery policies. Sewer and water
infrastructure availability and service demands have been verified by the Department of Utilities with
required facilities to be located in West Gettysburg Avenue.
Water Resources and Public Water Supply
The Water Division of the Public Utilities Department estimates that the proposed residential project will
have an estimated peak water demand of 89 gallons per minute. The nearest presently available water
service lines are located in West Gettysburg and North Polk Avenues adjacent to the site. It has been
determined that there is an adequate source of water available to serve the project with.the
implementation of UGM service delivery requirements and environmental impact mitigation measures.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be entirely
accommodated by the district. The developer will be required to construct FMFCD "Master Plan
Facilities" as determined by the district.
Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental
Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate,
reliable, and sustainable water supply for the project's urban domestic and public safety consumptive
purposes.
Sewage Collection System Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional
Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of
population and employment growth up to a projected population holding capacity of 590,000 people.
These improvements have been completed to provide an expanded wastewater treatment and
reclamation capacity of 80 million gallons per day(MGD), which is sufficient to accommodate continued
planned urban development including the proposed project.
:T 4EPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 4
The Public Utilities Department has determined that adequate sanitary sewer service is available to
serve the project. The nearest public sanitary sewer main to serve this project is located in West
Gettysburg Avenue adjacent to the project.
Major Street Improvements
The 2025 Fresno General Plan designates North Polk Avenue as an arterial street with a 110-foot right-
of-way and designates West Gettysburg Avenue as a collector street requiring a 86-foot right-of-way
width. Where the property is adjacent to these two streets the project will be required to dedicate right-
of-way and construct improvements. These improvements include the construction of curb, gutter,
sidewalk and.transition paving within the limits of the tract; construction of an underground street lighting
system; and relinquishment of access rights to North Polk Avenue from all residential lots adjacent to
this major street frontage. These street improvements are outlined in more detail in the Vesting
Tentative Tract Map No. 5325/UGM Conditions of Approval dated December_8; 2004.
Streets and Access Points
This subdivision is proposed to have two points of access to West Gettysburg and North Barcus
Avenues. The subdivision is also designed with North Ellendale Avenue as a stub street to allow for
future access to the property to the south upon development of that property. The Public Works
Department Transportation Planning Section has reviewed the rezone, conditional use permit, and
tentative tract map applications. Public Works staff has determined that the streets adjacent to and
near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to
the dedication and improvement of adjacent portions of West Gettysburg Avenue, North Polk Avenues
and all interior streets to the ultimate planned width.
Landscaping/Walls
Given that the proposed subdivision abuts an arterial street, and in accordance with the West Area
Community Plan Policy No. W-3-b, the project will be required to install 20 feet of landscaping along
North Polk Avenue. Also,, the proposed subdivision abuts a collector street, and in accordance with the
West Area Community Plan Policy No. W-3-c, the project will be required to install 15 feet of
landscaping along West Gettysburg Avenue. In addition, the applicant will be required to install a solid
wall at the rear of the required landscape setback, which will mitigate the adverse effect of noise
generated by vehicles traveling on the adjacent major streets.
West Area Community.Plan Advisory Committee
The West Area Community Plan Advisory Committee reviewed the rezone, vesting tentative tract map
and conditional use permit applications at its meeting on August 9, 2004, and recommended approval
by a vote of 5 to 0. The Committee recommended coordination•of the local street pattern with Tract
5368/UGM, to the south.
Conditional Use Permit Application No. C-04-163
Conditional Use Permit Application No. C-04-163, proposes to allow for the development of'the project
as a nonclustered residential planned development with reduced sized lots which-do not meet the '
minimum R-1/UGM zone district standards for lot width. Under the Planned Development provisions,
FMC Section 12-306-N-21 a planned development special permit may propose a modification or waiver
of property development standards, such as lot-area and dimensions.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 5
This special permit modification of the R-1/UGM zone district development standard of 60 foot lot
minimum to allow to 50 to 55 foot lot widths, as permitted by the Fresno Municipal Code, Section 12-
211.3 and 12-306-N-21. The minimum lot area proposed within the project is 6,003 square feet (54-foot
wide by 112-foot deep). All lots are proposed to maintain the minimum building setback (yard area)
requirements of the R-1 zone district.
In order to facilitate a planned development project a conditional use permit is required to be filed,
which describes the specific dwelling unit design to be developed on each lot. The applicant has.
submitted five different single story floor plans ranging between 1,600 and 1,833 square feet. Each of
the proposed units will contain two different building elevations. The proposed units will feature
fiberglass shingle roofs and various combinations of stucco, wood, and/or metal siding.
It is staff's position that the proposed project meets the requirements-for.a"nonclustered planned
development" as defined in the planned development ordinance and that the conditional use permit
application meets the required findings as discussed below.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in
size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking,
loading, recycling areas, landscaping,and other required features;and,
f Y+3 v >l+x�y M3
Fnd�ng Conditional Use Permit Application No. C-04-163 is requesting to reduce the
minimum lot width requirements for lots within Tentative Tract Map,No. T-5325/UGM
and this reduction will not result in a significant loss of yard space. The size and
shape of all lots within this tract map have been designed to meet the setback
rka
i, i, requirements of the R-1/UGM zone district. The project proposal complies with all
M.'L 9`irrn'v'�E.kx 4"z4
applicable codes and the 2025 Fresno General Plan
;�,��.�'1Y n+`+„}'l FnR'i` „ , r r( a 1>�t F re ( n ��,iz..r. 5.,.:ti.r.:�';' „,.,az:,t.aLr.....x.r�i..i"Y`�Vii.sx ��.'t,t�,,.b.r7iu.•!5;.;: r..a.,.lGk�i.,t��f�
b. The site for the proposed use relates to streets and highways adequate in width and pavement type to
rry the quantity and kind of traffic generated by the proposed use;and,
aFindmgyt All traffic concerns have been covered under the Conditions of Approval for Tentative
Tract Map No. 5325. There is adequate street capacity to the project site from North
Polk Avenue (arterial) and West Gettysburg Avenue (collector) to accommodate the
" "tIeaW proposed use
P,. d{� . .z+4.M1.....1.n»w`f.a .m'£e1,_`,o-„b,...L r.,„I..M Yy9 ti�..,:P,V,..l�vt,.„ .,dk.4'.cY'ak ..:,Y , ..Y,,. +�_ .w+. ..... N.!<a'..S .{s,. .,M� y.vl„m<x..i}kn d�ex,.:,&v riu,e .L..✓+a v.......,3;:.L:�
c. The proposed use will not be detrimental to the public welfare or injurious to property or
provements in the area in which the property is located. The third finding shall not apply to uses which
subject to the provision of Section 12-306-N of this.Code.
a Frnding,�. The reduction in lot width and lot area will not pose a threat to the public welfare nor
,czNrt$ will it be injurious to the property or improvements within Tentative Tract No. 5325.
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).
INEPORT TO THE PLANNING COMMISSION °
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 6
State law further provides.that the proposed subdivision map be denied if any one of the Finding
Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to
provide for future passive and natural heating or cooling opportunities in,the subdivision development
(Finding'No. 6 below).
1. The proposed subdivision map, together with its design and improvements; is consistent with the
-City's 2025 General Plan (there is not an applicable specific plan), because the West Area
Community Plan designates the site for medium density residential land uses and subject to
Section 12-403-B-2-b-(1) of the Fresno Municipal Code, the project design meets.the density and
zoning ordinance criteria for development in this plan designation.
2. This site is physically suitable for the proposed type and density of development, because
conditions of approval will ensure adequate access and drainage on and off the.site.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment, including fish, wildlife or their habitat, because
of the urbanized nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health
and safety problems, because the conditions of approval have shown and will ensure that the
subdivision conforms with city health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site,
because conditions of approval-will assure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating or cooling opportunities in the subdivision, because of the appropriate use and placement
of landscaping plant materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval;complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance.
Based upon the plans and information submitted by the applicant and the recommended conditions of
project approval, staff has determined that these findings can be made.
California Department of Transportation (Caltrans)
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations
has submitted the attached comments dated July 14, 2004, indicating that the proposed project in and
of itself is not expected to create significant impacts to the state highway system.
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5325/UGM
dated July 8, 2004, and the Conditions of Approval for T-5325/UGM dated December 15, 2004.
2. Development shall take place in accordance with Exhibits A thru E of Conditional Use Permit
Application No. C-04-163 dated July 8, 2004.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-51
Vesting Tentative Tract Map No. 5325/UGM
Conditional Use Permit Application No. C-04-163
December 15, 2004
Page 7
3. Development shall be in accordance with conditions of approval for Conditional Use Permit
Application No. C-04-163 dated December 8, 2004..
Action by the Planning Commission regarding the rezone application will be a recommendation to the
City Council. Planning Commission action on the proposed tentative tract map and conditional use
permit, unless appealed'to the Council, is final.
CONCLUSION/ RECOMMENDATION
1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental
Assessment No. R-04-51/T-5325/C-04-163 dated September 17, that the project proposal
conforms to the provisions of the 2025 Fresno.General Plan Master Environmental Impact Report
(MEIR) No. 10130.
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-51 to rezone the
subject property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth
Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth
Management) zone district.
3. 'APPROVE Vesting Tentative Tract Map No. 5325/UGM subject to compliance with the
Conditions of Approval dated December 15, 2004.
4. APPROVE Conditional Use Permit No. C-04-163 subject to compliance with Exhibits A
thru E and Conditions of Approval dated December 8, 2004.
Attachments: Vicinity Map
Vesting Tentative Tract Map No. 5325/UGM dated July 8, 2004
Site Plan (Exhibit A) for Conditional Use Permit Application No. C-04-163
Exhibits B thru E dated July 8, 2004, for Conditional Use Permit Application No.
C-04-163 (Elevations.and Floor Plans),
Conditions of Approval for Conditional Use Permit Application No. C-04-163, dated
December 8, 2004
Conditions of Approval for T-5325/UGM dated December 15, 2004, including letters from
Fresno Metropolitan Flood Control District (8-5704), San Joaquin Valley Air Pollution
Control District (7-29-04), Pacific Gas and Electric (10-12-04), Caltrans (7-14-04),
Solid Waste Division (7-29-04), Public Works Department, Transportation Planning
(8-04-04), Public Works Department, Street Trees (12-9-04)
Environmental Assessment No. R-04-51/T-5325/C-04-163 Finding of Conformity
to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130)
dated September 17, 2004.
KAMaster Files-2004\'REZONE\R-04-051;T-5325,C-04-163 polk and gettysburg\R-04-51,T-5325 PC Report Il.doc
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
SPECIAL PERMIT
CONDITIONS OF APPROVAL
Conditional Use Permit Application No. C-04-.163 December 8, 2004
PART A - PROJECT INFORMATION
1. Assessor's Parcel No. 311-032-18
2. Job Address: 4444 North Polk Avenue
3. Street Location: Southeast corner of North Polk and West Gettysburg Avenues
4. Existing/Proposed Zoning: AE-5/UGM - R-1/UGM zoning proposed under related Rezone
Application No. R-04-51
5. Zone Map No. 2045
6. Project Description: Development of a 44-lot single family residential planned
development subdivision with reduced lots widths.
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The Fresno City Planning Commission on December 15, 2004, will consider the special permit application
subject to the enclosed list of conditions and Exhibits "A" thru "J," dated July 8, 2004.
This project was subject to the completion of the notice and appeal period for the department's finding that
the proposed project will,not have a significant impact on the environment.
A notice of a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR) No. 10130 was. published on November 19, 2004, providing any interested party with an appeal
period of 20 days. Notice of the hearing for the special permit was mailed to surrounding property owners
on December 3, 2004. ,
Building permits will.not be issued for this project until the Planning Commission and City Council have acted
on the project.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on adopted city plans and policies,those determined through site
plan review and environmental assessment essential to mitigate adverse effects on the environment
including the health, safety, and welfare of the community, and recommended conditions for
development that are not essential to health, safety, and welfare, but would on the whole enhance
the project and its relationship to the neighborhood and environment.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 2
Discretionary conditions of approval are listed in the last section of this list of conditions under the heading
"Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may
only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A
can be made.
All discretionary conditions of approval will ultimately be deemed mandatory upon final approval.
Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or
the authorized representative, architect, engineer, or designer to disclose and delineate all facts and
information relating to the subject property and the proposed development including, but not limited to, the
following:
1. All existing and proposed improvements including but not limited to buildings and structures, signs
and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject
property and all of the preceding which are located on adjoining property and may encroach on the
subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive easements
or uses of,the subject property;_
3. Existing and proposed grade differentials between the subject property and adjoining property zoned
or planned for'residential use.
Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special permit,
the Zoning Ordinance,' and all Public Works Standards and Specifications. The Planning and
Development Department shall not assume responsibility for any deletions or omissions resulting
from the special permit review process or for additions or alterations to construction plan not
specifically submitted and reviewed and approved pursuant to this special permit or subsequent
amendments or revisions.
No uses of land, buildings,or structures other than those specifically approved pursuant to this site plan shall
be permitted. Outdoor sales and display areas are not permitted as part of this application. (Include this
note on the site plan.)
Transfer all red line notes, etc., shown on all original site plan exhibits dated July 8, 2004, to the final site
plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED
IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.
To complete the backcheck process for building permit relative to planning and zoning issues, submit eight
copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation
plans, and any required covenants and/or studies or analyses to the Planning Division for final review and
approval ten days before applying for building permits.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 3
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning
Division must be substituted for unstamped copies of same in each of the four sets of construction plans
submitted for plan check prior to issuance of building permits. The final approved site plan must also include
all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site plan,
elevations, landscape, and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt and
substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets.
Call Kevin Fabino at 559/621-8046.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication, reservations or exactions for this project are subject to-protest by the project applicant at the time
of approval or conditional approval of the development or within 90 days after the date of the imposition of
the fees, dedications, reservation or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations or exactions which were previously
imposed and duly notice; or, where no notice was previously required under the provisions of Government
Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT & PARKING LOT REQUIREMENTS
The following requirements are based on City records and the accuracy of the existing and proposed on-site
and off-site conditions depicted on the exhibits submitted by the applicant. Requirements which may not
have been addressed due to omission or misrepresentation of information, for which this review process is
dependent, will be imposed whenever such conditions are discovered.
Questions relating to dedications, street improvements or parking lot geometries may be directed to the
Public Works Department, Transportation Division, David Padilla at (559) 621-8798.
1. STREET DEDICATIONS AND ENCROACHMENT PERMITS
Identify all street furniture,e.g. public utility poles and boxes, guy wires, signs,fire hydrants, bus stop
benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the public right-of-way.
Also, identify the required 4-foot minimum path of travel along the public sidewalk directly in front of
property, as required by the California Administration Code (Title 24). A pedestrian easement may
be required if Title 24 requirements cannot be met.
West Gettysburg Avenue (Collector)
a. Dedicate 42 to 44-feet of property, from section line, for public street right-of-way purposes
within the limits of this subdivision to meet City of Fresno collector street standards.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 4
North Polk Avenue (Arterial)
a. Dedicate 55 to 57-feet'of property from section line for public street purposes within the limits
of this subdivision to meet the City of Fresno Arterial Standards.
The construction of any overhead,surface or sub-surface structures and appurtenances in the public
right-of-way is prohibited unless an encroachment permit is approved by the Public Works
Department, Engineering Division, Special Districts/Project and Right-of-Way Section, (559)
621-8693. Encroachment permits must be approved prior to issuance of building permits.
2. STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street construction plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
(including pedestrian and. utility easements) requires a. STREET WORK PERMIT prior to
commencement of work. Contact the Public Works Department Engineering Services Section at
(559)621-8686 for detailed information. All required street improvements must be completed and
accepted by the city prior to occupancy.
Repair all damaged and/or grade off-site concrete improvements as determined by the Public Works
Department Construction Management Division at (559) 621-5500.
West Gettysburg Avenue (Collector)
a. Construct concrete curb, gutter, and a 10-foot residential sidewalk pattern Public Works
Standard P-5.
c
b. Construct an 80-foot bus bay curb and gutter at the southeast corner of West Gettysburg and
North Polk Avenues to Public Works Standard P-73, complete with a 10-foot monolithic
sidewalk.
C. Construct twenty(20)feet of permanent paving (measured from face of curb)within the limits
of this subdivision.
d. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this.tract. Spacing and design shall conform to Public Works Standard E-8 for
Collector Streets.
e: Relinquish direct access rights to West Gettysburg .Avenue from all lots within this tract.
(Reference Section 12-1011 of the Fresno Municipal Code.)
North Polk Avenue (Arterial)
a. Construct concrete curb, gutter, and a 10-foot residential sidewalk pattern Public Works
Standard P-5.
b. Construct twenty(20)feet of permanent paving (measured from face of curb)within the limits
of this subdivision.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 5
C. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to Public Works Standard E-7 for
Arterial Streets.
d. Relinquish direct access rights to North Polk Avenue from all lots within this tract. (Reference
Section 12-1011 of the Fresno.Municipal Code.)
INTERIOR STREETS
a. Design and construct all curb, gutter, sidewalk (both sides), 'permanent paving and
underground street lighting systems on all interior streets to Public Works Standards.
Sidewalk patterns shall comply with Public Works API Standards for 50-foot and 54-foot
streets.
b. Street trees shall be planted approximately at 60 feet spacing or a minimum of one tree per
lot. Corner lots and lots with street frontage on more than one side, are required to provide
additional trees.
C. Any temporary dead-end streets created by this subdivision shall be properly barricaded in
accordance with the Public Works Standard P-44.
3. SPECIFIC REQUIREMENTS
a. This tract will generate 33 a.m./44 p.m. peak hour trips, therefore, A Traffic Impact Study
(TIS) is not required.
b. Relinquish direct vehicular access rights to:
1. the east property line of lots 17 and.44.
2. the west property line of lot 1.
C. 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.
d. Barcus Avenue: Dedicate and construct full offsite improvements on the Westside of Barcus
Avenue and an additional 17-foot of permanent paving on the east side.
e. Construct a temporary asphalt concrete turn-around on North Allendale Avenue, Lots 37 and
38, Public Works Standards.
f. Street Improvement Plans prepared by a registered Civil Engineer are required. Signing and
Striping Plans are to be submitted as part of the Street Improvement Plans. A complete set
of plans must be submitted to the Public Works Department, Engineering Division, Plan
Check and GIS Mapping,Section, 621-8682, prior to issuance of building and street work
permits.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 6
4. SEWER CONNECTION CHARGES
The following Sewer Connection Charges are due and shall be paid for this project.
a. Sewer Lateral Charge
b. Oversize Sewer Charge
C. Trunk Sewer Charge: Cornelia
d. Wastewater Facilities Charge (Residential Only)
5. WATER CONNECTION CHARGES
The following Water Charges are due and shall be paid for this Project:
a. Payment for installation of water service(s) and/or meter(s) is required.
b. Water connection Charges are due and shall be paid by the developer/owner.
6. IRRIGATION DITCH/CANAL REQUIREMENTS
Not Applicable
7. URBAN GROWTH MANAGEMENT (UGM) REQUIREMENTS AND FEES
Submittal of engineered construction plans to Public Works for approval must be made REjaL
to issuance of building permits. Contact David Padilla at 621-8798 or Greg Jenness at 621-8812
for,questions regarding the UGM construction requirements.
a. This tentative tract map is in UGM major street zone E-4; therefore will be required to pay all
applicable UGM fees.
b. Applicable UGM Fees for this project are detailing in the conditions of approval, Vesting
Tentative Tract Map No. 5325/UGM, Development Fees and Charges, No. 97.
West Gettysburg Avenue (Collector)
a. Install a signal pole with a 150-watt safety light to Public Works Standards at the southeast
corner of West Gettysburg and North Polk Avenues.
PART D - PLANNING/ZONING REQUIREMENTS
PLANNING
1. Development is subject to, and consistent with, the following plans and policies:
• 2025 Fresno General Plan
• West Area Community Plan
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 7
ZONING
2. Existing zoning is AE-5/UGM; development is proposed in accordance with the R-1/UGM zoning
requested under related Rezone Application No. R-04-51. Approval of this special permit is subject
to approval of the zone district amendment and compliance with any conditions of zoning approval.
BUILDING HEIGHT
3. The maximum allowable building height is two-stories, not to exceed 30 feet. All proposed units are
less than 30 feet in height.
BUILDING SETBACK, OPEN SPACES AND LANDSCAPING
4. - All setbacks are in accordance with Section 12-205.5-E-(4)(5).
5. See Attaches Exhibits.
6. Provide the following minimum landscaped areas:
a. Pursuant to West Area Community Plan Policy No.W-3-b,the developer/owner shall provide
a .20-foot landscape easement (and irrigation system) along the west,property lines of lots
which back-onto or.side-onto North Polk Avenue.
When the grading plan establishes a top slope beyond the required landscaping
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 landscaping area up to the wall location.
b: Pursuant to West Area Community Plan Policy No.W-3-c,the developer/owner shall provide
a.15-foot landscape easement (and irrigation system) along the north property Lines of lots
which back-onto or side-onto West Gettysburg Avenue.
When the grading plan establishes a top slope beyond the required landscaping
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 landscaping area up to the wall location.
7. Median Island Landscaping: None Required .
8. Provide one medium size tree for each 60 feet of street frontage or one per lot whichever is greater.
Trees shall be planted as required in order to shade and enhance adjacent property and public
rights-of-way. Refer to the attached "Performance Standards for Parking Lot Shading," for the tree
list and further details.
NOTE: One medium sized tree is defined as attaining a height of 30-60 feet at maturity. Two
small trees, up to 30-feet high at maturity may be substituted for one medium sized
tree.
Conditions of Approval
Conditional Use Permit No. C-04-163 .
December 8, 2004
Page 8
9. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce
the natural height or overall crown of the tree, except as necessary for the health of the tree and
public safety; or as may otherwise be approved by the Development Department. (Put this note on
the site and landscape plans.)
10. Submit six copies of landscaping and irrigation plans prepared by a landscape professional, showing
the number and types of trees, to the Planning Division. These plans must be reviewed and
approved prior to obtaining building permits.
11. Landscaping in the front yard must be in place before issuance of the certificate of occupancy.
(Include this note on the site plan and landscape plan.)
12. Prior to final inspection, a written certification, signed by a landscape professional approved by the
Director, shall be submitted stating that the required landscaping and irrigation system was installed
in accordance with the landscaping and irrigation plans approved by the Planning Division,
Development Department. (Include this note on the site plan.) A certification form is enclosed for
future use.
SPACE BETWEEN BUILDINGS
13. Provide lot areas and building setbacks as shown on Exhibit "B" dated July 8, 2004.
FENCES, HEDGES; AND WALLS
Temporary fences to secure projects under construction are allowed. Any temporary fence shall be
adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact
by the general public. The construction shall be performed in such a manner as to minimize any potential
safety hazard which may occur as a result of improper fence installation or damage to the fence.
14. Construct a 6-foot-high solid masonry wall (at finished grade of proposed site) pursuant to the solid
wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required 20-
foot landscape easement along North Polk Avenue. 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.
15. Construct a 6-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid
wall requirements of Section 12-306-H of the Fresno Municipal Code at.the rear of the required 15-
foot landscape easement along West Gettysburg Avenue. 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.
ACCESS
16. Vehicular and/or pedestrian access is provided as shown on attached Exhibit A:dated July 8, 2004.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 9
OUTDOOR ADVERTISING
17 Signs other than directional signs, if applicable are not approved for installation as part of this
special permit. Submit for separate Master Sign Program or Sign Review Application. Applications
and requirements for submittal are available at the Planning Division's Public Front Counter
(Include this note on the site plan.)
PART E - CITY AND OTHER SERVICES
FIRE PROTECTION REQUIREMENTS
1. Comply with requirements of Fire Service (Contact Fire Prevention, (559) 621-4141 for further
information.)
SOLID WASTE COLLECTION '
2. Development shall be in accordance with attached memorandum from the Solid Waste Division
dated July 20, 2004. Contact Solid Waste Management Division, Public Utilities Department at
(559) 621-1811, between 8 a.m. and 9 a.m..regarding.this issue.
ENVIRONMENTAL HEALTH
FLOOD CONTROL REQUIREMENTS
3. Comply with the attached Fresno Metropolitan Flood Control District memorandum, dated August 5,
2004. (Contact Fresno Metropolitan Flood Control District at 559/456-3292 for further.information.)
NOTE: The U.S. Environmental Protection Agency requires that a Notice of Intent for a
general National Pollutant Discharge Elimination System permit be filed for all
industrial uses listed in Attachment C provided by FMFCD and for any construction
site of five or more acres of land. It is the property or business owner's responsibility
to ensure that the Notice of Intent is filed in accordance with the regulations published
in Volume 55. No. 222 of the Federal Register.
SCHOOL FEES
4. School fees must be paid prior to issuance of building permits. (Contact Central Unified School.
District.) Provide proof of payment (or no fee required) prior to issuance of building permits.
STREET TREE REQUIREMENTS
5. Provide street trees per the attached memorandum from the.Public Works Department dated
December 9, 2004.
Conditions of Approval
Conditional Use Permit No. C-04-163
December 8, 2004
Page 10
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
6. Comply with attached correspondence from the San Joaquin Valley Air Pollution Control District
dated July 29, 2004, and attached policies on dust and ozone mitigation.
PART F - MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits (dated April 12, 2004) and the following:
1. , If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted
(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.
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.
If there are suspected human remains, the Fresno County Coroner shall be immediately contacted.
If the remains or other archaeological material is possibly Native American in origin, the Native
American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the
.California Archaeological Inventory/Southern San Joaquin Valley Information Center
(Phone:805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An
archaeological assessment shall be conducted for the project, the site shall be formally recorded,
and recommendations made to the City as to any further site investigation or site
avoidance/preservation.
• All discretionary conditions of approval will ultimately be deemed mandatory upon final
approval of this conditional use permit.
KAMaster Files-2004\'REZONE\R-04-051,T-5325,C-04-163 polk and gettysburg\C-04-163 COA.wpd
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
December 15, 2004
Southeast corner of North Polk and West Gettysburg Avenues
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. 5325/UGM entitled
"Exhibit A," dated July 7, 2004, the subdivider may prepare a Final Map in accordance
with the approved tentative map.
2. Submit grading plans and'a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022
and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of
any required walls and indicate the proposed width of required landscape easements or
strips. Approval of the grading plan is required prior to Final Map approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading, public sanitary sewer system, public water system, street
lighting system, public streets, and storm drainage, including other technical reports and
engineered plans as 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 Ma,p approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 2
4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond. the. limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
5. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No.
68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
service, sewer, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
7. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval,.any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter _guarantee the completion of the
improvements.
8. As a condition of Final Map approval, the subdivider shall furnish. to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
Landscaping and Walls
9. Pursuant to West Area Community Plan Policy No. W-3-b, the developer/owner shall
provide a 20-foot landscape easement (and irrigation system) along the west property
lines of lots which back-onto or side-onto North Polk Avenue.
When the grading plan establishes a top slope beyond the required landscaping
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 landscaping area up to the wall location.
u
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 3
10. Pursuant to West Area Community Plan Policy No. W-3-c, the developer/owner shall
provide a 15-foot pedestrian and multi-purpose trail easement (and irrigation system)
along the north property lines of lots which back-onto or side-onto West Gettysburg
Avenue.
When the grading plan establishes a top of slope beyond the required landscape
easement noted and the construction of the required wall is to be established coincident
with the top of slope then the required minimum easement width. shall be expanded to
include the full landscaped area up to the wall location.
11. Maintenance of the required landscape easements, streets, curbs and gutters,
sidewalks, medians, and street furniture may be the responsibility of the City's
Community Facilities District. Contact the Public Works Department, Engineering
Services Division, staff for information regarding the City's District. The property owners
may petition the City for annexation to the City's District prior to final map approval. If
approved by City Council, the following features may be maintained by the Community
Facilities District:
a. Landscaping and irrigation systems as approved by the Public Works Department at
the following locations:
• Within the street easements (including median to centerline) and the 20-foot wide
landscape easement along the property lines that side or back-onto North Polk
Avenue.
• Within the street easements (including median to centerline) and the 15-foot wide
landscape easement along the property lines that side or back-onto West
Gettysburg Avenue.
b. All local streets, curbs and gutters, sidewalks, medians and street furniture as
approved by the Public Works Department within the boundary of the map. In
addition:
• One-half.of North Barcus Avenue along the map frontage.
c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline)
within North Polk and West Gettysburg Avenues as approved by the Public Works
Department along the map^frontage.
d. All street lights as-approved by the Public Works Department within the boundary of
the map.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 4
12. . If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, he/she shall be required to provide the City of Fresno, Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
the assessment.
13. Should the City Council not approve the annexation of any or all of the maintenance
items listed in condition No. .11, above, then the property owner/developer shall create a
homeowner's association for the maintenance of these items and proposed private
streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions,
and Restrictions (CC&Rs) and the proposed- instruments for the homeowners
association shall be submitted to the Planning and Development Department for review
two weeks prior to final map approval. Said documents shall be recorded,with the final
Map or alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the homeowners association for landscaping and other provisions as
stated in the Planning and -Development Department Guidelines for preparation of
CC&Rs dated January 11, 1985.
14. 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.
15. Construct a 6-foot high solid masonry wall (at finished grade of proposed site) pursuant
to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the
rear of the required 20-foot landscape easement along North Polk Avenue. 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.
16. Construct a 6-foot high solid masonry wall (at finished grade of proposed site) pursuant
to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the
rear of the required 15-foot landscape easement along West Gettysburg Avenue.
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.
Building Setbacks
17. Building setbacks shall be in accordance with the R-1%UGM zone district as shown on
Exhibit "A" of Vesting Tentative Map Tract No. 5325/UGM dated July 8, 2004, and the
provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted
in these conditions.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 5
I nformation
18. Vesting Tentative Tract Map No. 5325/UGM is subject to Council approval of-Rezone
Application No. R-04-51.
19. Conditional Use Permit Application No. C-04-163, filed to allow for- reduced lot
dimensions for the proposed subdivision, shall be approved prior to final map,approval.
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.
21. Contact the United States Postal Service, Fresno Office, for the location and type of
mailboxes to be installed in,this subdivision.
22. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps," any multiple
final maps filed by the subdivider on this tract shall fully and independently conform to all
provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real
Property. ,
23. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision boundaries..
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
24. if archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
r
25. 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.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 6
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.
26. 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.
27. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality
Pollution Control District for the control of .particulate matter and fugitive dust during
construction of this project.
28. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method.of collection to be utilized in this tract shall be subject to approval of the Solid
Waste Manager.
PARK SERVICE
29. The developer/owner shall comply with the requirements in the letter from Public Works
dated December 9, 2004 for Vesting Tentative Tract Map No. 5325/UGM.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15,.2004
Page 7
Urban Growth Management Requirements
30. 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
31. This project is within three miles from Fire Station No. 16 (temporary and permanent).
Provide residential hydrants and fire flows per Public Works Standards with two sources
of.water.
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 r
issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno
Municipal Code.
STREETS AND RIGHTS-OF-WAY '
33. 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.
34. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed'in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
35. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The ,,,
following shall be submitted as a single package to the Pubic Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards).
b. Street Construction Plans.
c. Landscape and irrigation plans (median island and street trees within all parkways).
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 8
36. The subdivider shall install all existing and proposed utility systems underground in
accordance with Fresno Municipal Code Sections 12-1011, 8-801, and Resolution Nos.
78-522, 88-229.
37. .The subdivider shall construct an underground street lighting system per Public Works
Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to
Public Works Standards for local streets. Height, type, spacing, etc., of standards and
luminaries shall be in accordance with Resolution 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.
38. 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.
- 39. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution
Control District for the control of fugitive dust requirements from paved and unpaved
roads.
40. Handicap access ramps are required at all corners within the limits of this subdivision.
41. All required signing and stripping 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 tract map to the
Public Works Department.
42. The developer shall install median island and frontage landscaping concurrent with the
street improvements.
MAJOR STREETS
West Gettysburg Avenue (Collector)
43. Dedicate 42 to 44-feet of property, from section line, for public street right-of-way
purposes within the limits of this subdivision to meet City of Fresno collector street
standards.
44. Construct concrete curb, gutter, and a 10-foot residential sidewalk pattern in accordance
with Public Works Standard P-5.
45. Construct an 80-foot bus bay, curb and gutter at the southeast corner of West
Gettysburg and North Polk Avenues to Public Works Standard P-73, complete with a 10-
foot monolithic sidewalk.
CONDITIONS OF APPROVAL
Vesting Tentative.Tract Map No. 5325/UGM
December 15, 204
Page 9
46. Construct twenty (20) feet of permanent paving (measured from face of curb) within the
limits of this subdivision.
47. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to Public Works Standard E-8 for
Collector Streets.
48. Relinquish direct access rights to West Gettysburg Avenue from all lots within this tract.
(Reference Section 12-1011 of the Fresno Municipal Code.)
North Polk Avenue (Arterial)
49. Dedicate 55 to 57-feet of property from section line for public street purposes within the
limits of this subdivision to meet the City of Fresno Arterial Standards.
50. Construct concrete curb, gutter, and a 10-foot residential sidewalk pattern in accordance
with Public Works Standard P-5.
51. Construct twenty (20) feet of permanent paving (measured from face of curb) within the
limits of this subdivision.
52. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this tract. Spacing and design shall conform to Public Works Standard E-7 for
Arterial Streets.
53. Relinquish direct access rights to North Polk Avenue from all lots within this tract.
(Reference Section 12-1011 of the Fresno Municipal Code.)
INTERIOR STREETS
54. Design and construct all curb, gutter, sidewalk (both sides), permanent paving and
underground street lighting systems on all interior streets to Public Works Standards.
Sidewalk patterns shall comply with Public Works API Standards for 50-foot and 54-foot
streets.
55. Street trees shall be planted approximately at 60 feet spacing or a minimum of one tree
per lot. Corner lots and lots with street frontage on more than one side, are required to
provide additional trees.
56. Any temporary dead-end streets created by this subdivision shall be properly barricaded
in accordance with the Public Works Standard P-44.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 10
Specific Requirement
57. This tract will generate 33 a.m./44 p.m. peak hour trips, therefore, a Traffic Impact Study
.(TIS) is not required.
58. .Relinquish direct vehicular access rights to:
a. the east property line of lots 17 and 44.
b. the west property line of lot 1.
59. 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.
60. Barcus Avenue: Dedicate and construct full offsite improvements on the west side of
Barcus Avenue and an additional 17-foot of permanent paving on the east side.
61. Construct a temporary asphalt concrete turn-around on North Ellendale Avenue, Lots 37
and 38, Public Works Standards.
STREET NAMES
62. Change the following street names to reflect their proper spelling:
a. West Norwhich Avenue to West Norwich Avenue
b. North Elendale Avenue to North Ellendale Avenue
Urban Growth Management Requirements
• 63. This tentative tract map is in UGM major street zone E-4; therefore will be required to
pay all applicable.UGM fees.
West Gettysburg Avenue (Collector)
a. Install a signal pole with a 150-watt safety light to Public Works Standards at the
southeast corner of West Gettysburg and North Polk Avenues.
SANITARY SEWER SERVICE
The nearest sanitary sewer main capable of serving the project is an 8-inch sanitary sewer main
located in West Gettysburg.Avenue. The following conditions are required to provide sanitary
sewer service to the tract.
64. Construct an 8-inch sanitary sewer main in North Barcus Avenue south from West
Gettysburg Avenue.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 11
65. Sanitary sewer mains shall be extended within the proposed tract to provide sewer
service to each lot created.
66. Separate sewer house branches shall be provided for each lot created.
67. A preliminary sewer design- layout shall be submitted for review and subject to the
Department of Public Utilities approval, prior to submitting engineering improvement
plans for city approval.
68. Public sewer facilities shall be constructed in accordance with the Department of Public
Works standards,_specifications, and policies.
69. Abandon all existing on-site private sanitary sewer systems in accordance with City
standards.
70. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the sanitary sewer system.
Urban Growth Management Requirements
71. This project is located in the following Urban Growth Management Service Area: Sewer
Oversize Reimbursement S.A. 21.
Sanitary Sewer Fees
72. The following Sewer Connection Charges are due and shall be paid for this Project:
a. Sewer Lateral Charge
b. Oversize Sewer Charge
c.. Trunk Sewer Charge: Cornelia
d. Wastewater Facilities Charge (Residential Only)
WATER SERVICE
The nearest City of Fresno water main capable of serving the project are 14-inch water mains
located in West Gettysburg and North Polk Avenues. The following conditions are required to
provide water service to the tract.
73. Construct an 8-inch water main in North Barcus Avenue north from West Donner
Avenue to West Gettysburg Avenue.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 12
74. Water mains (including installation of.City fire hydrants) shall be extended within the,
proposed tract to provide water service to each lot created.
75. Installation(s) of public fire hydrant(s) is/are required in accordance with City Standards.
.76. Separate water services with meter boxes shall be provided to each lot created.
77. Seal and abandon existing on-site wells in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by the California Department of
Water Resources and City of Fresno standards.
78. 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.
79. All public water facilities shall be constructed in accordance with the Department of
Public Works standards, specifications, and policies.
80. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the city water system.
Urban Growth Management Requirements
81. This project is located in the following Urban Growth Management Water Service Area:
301s.
Water Fees
82. The following Water Charges are due and shall be paid for this Project:
a. Payment for installation of water service(s) and/or meter(s) is required.
b. Water connection Charges are due and shall be paid by the developer/owner.
SOLID WASTE SERVICE
The following conditions and requirements are placed on this tentative map as a condition of
approval by the Department of Public Utilities.
83. The owners, lessees or other tenants of the residential dwellings on service day, before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
four feet apart and shall not block any vehicle accesses in accordance with the City of
Fresno's Solid Waste Management Division Standards.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 13
84. Per the Fresno Municipal Code, Section 9-404 Solid Waste Disposal Regulations,
Section C-10, no solid waste container nor residential rubbish shall be allowed to remain
at the curb line after 8:00 p.m. on the collection day.
85. Property owners will receive three containers to be used as follows: one gray container
for solid waste, one green container for green waste, and one blue container for
recyclable material.
Specific Requirement
86. Construct a temporary asphalt concrete turn-around on North Ellendale Avenue, Lots 37
and 38, Public Works Standards.The turnaround shall be large enough to accommodate
a solid waste truck this approximately 35-feet long, 10'.5"-feet wide and has a turning
radius of 44-feet.
87. North Barcus shall be developed through to West Gettysburg to provide a second point
of access for solid waste trucks.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
88. 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.
89. 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
90. 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 1.0 feet outside the travel lane. The exact requirement must
be-determined at the project design stage based ori 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.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 14
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
91. The subdivider shall be required to pay any applicable storm drainage fees to comply
with Fresno Municipal Code Chapter 13, Article 13.
92. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the District's letter to the Planning and Development
Department dated August 5, 2004.
93. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven days from
the time the basin becomes operational or as directed by the City Engineer. Temporary
ponding basins will be created through a covenant between the City and the Developer
prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the
Developer until permanent service for the entire subdivision is provided.
AIR QUALITY
94. The developer/owner shall comply with the requirements in the letter-from the San
Joaquin Valley Air Pollution Control District dated July 29, 2004 for Vesting Tentative
Tract Map No. 5325/UGM.
ENIRONMENTAL HEALTH
95. Contact the County of Fresno, Environmental Health Department for their requirements
and/or fees.
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 15
PACIFIC GAS AND ELECTRIC
96. The developer/owner shall comply with the requirements in the letter from the Pacific
Gas and Electric Company,dated October.12, 2004 for Vesting Tentative.Tract Map No.
5325.
DEVELOPMENT FEES AND CHARGES
97. The subject is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
b. . Oversize Charge $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge $419/living unit
Service Area: Cornelia
d. Wastewater Facilities Charge $2,119/living unit
e. Copper Avenue Sewer Lift Station Charge n/a
f. Fowler Trunk Sewer Interim Fee Surety n/a
g. House Branch Sewer Charge n/a
h. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
i. 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.
j. Frontage Charge $6.50/lineal foot
k. Transmission Grid Main Charge $643/gross acre
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 16
I. Transmission Grid Main Bond Debt $243/gross acre
Service Charge
m. UGM Water Supply Fee $508/living unit
Service Area: 301-S
n. Well Head Treatment Fee $221/living unit
Service Area: 301
o. Recharge Fee $0
Service Area: 301
p. 1994 Bond Debt Service $60/living unit
Service Area: 301
DEVELOPMENT IMPACT FEE
q. Northeast Fresno Policing Area n/a.
-r. Traffic Signal Charge $414.69/living unit
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
s. UGM Fire Station Capital Fee $1242/gross acre
Service Area: 16
t. UGM Park Fee $1783/gross acre
Service Area: 4
u. Major Street Charge $3531/adj. acre
Service Area: E-4
v. Major Street Bridge Charge $196/adj.-acre
Service Area: E-4
w. UGM Grade Separation Fee n/a
x. Trunk Sewer Charge n/a
Service Area: Cornelia
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 5325/UGM
December 15, 2004
Page 17
FRESNO METROPOLITIAN FLLOD CONTROL DISTRICT
a. FMCD Development Fees - Tract No. 5325 $38,144
b. FMCD Development Fees - CUP No. 2004-163 $38,144
KAMaster Files-Tract Maps\Tract 5325-Kevin Fabino R-04-51/C-04-163/T-5325 COA 12-8-04.doc
File No. 210.45'
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager CENTURY DEVELOPERS
Planning & Development Department 1713 TULARE ST., STE. 400
City of Fresno FRESNO, CA 93721
2600 Fresno,Street -
Fresno, CA 93721
MAP NO.' 5325 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " AJ - " DRAINAGE AREA " AJ $38,144.00
DRAINAGE�AREA
DATE �=�=pC., -
TOTAL FEE $38444.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has.developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage.related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to �+I
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment: .
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required*to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5325 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) . When the actual costs incurred in constructing Master Plan facilities exceeds the.
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site.shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 {L—?
C. The grading and drainagepatterns.shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
?, 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:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See'Exhibit No. 2.
5. The proposed development:
Appears to be located within a _500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy
X Does not appear to be located within a flood prone area.
5325 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX (559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of
6. The Federal Clean Water Act and the State-General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing five or more acres, and.discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Z
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees O
in permit compliance, and complete an annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC) code. The following categories of industries
are generally required to secure an industrial'permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
5325 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.
$. 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 ExhibitNo. 2 for additional comments, recommendations and requirements.
Gerald E. Lake an, Proj ct Engineer: Jamie Miller
District Engineer, Assistant General Manager
C: YAMABE & HORN ENGINEERING .
1300 E. SHAW, STE. 176
FRESNO, CA 93720
5325 5469 E.OLIVE - FRESNO,CA 93727- (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
.. PICO 24- AVE.
GETTYSBURG AVE. IPvc
24"
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—— EXISTING MASTER PLAN FACILITIES
DIRECTION OF DRAINAGE
------ INLET BOUNDARY
DRAINAGE AREA BOUNDARY
TRACT 5325
DRAINAGE AREA: "A1"
EXHIBIT N0. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
K:\AUTOCAD\DWGS\OEXHIBIT\TRACTS\5325.1)WG • .Fn.
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.
Our records indicate that there is not continuous existing curb and gutter to convey runoff to the
Master Plan inlet located at NEC of Barcus and Indianapolis Avenues. The Developer shall be
required to provide documentation and/or improvements satisfactory to the City of Fresno to allow
for conveyance of storm water to the inlet location.
Development No. Tract 5325
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LEGEND
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DEVELOPER — PIPELINE (SIZE SHOWN) & STAND.
— — EXISTING MASTER PLAN FACILITIES
DIRECTION OF DRAINAGE
--———— INLET BOUNDARY
DRAINAGE AREA BOUNDARY
CUP 2004-163
i., -1 EXHIBIT N0. 1 DRAINAGE AREA: "AJ"
•
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
nnIlAiTU 08-OD-04
K:\AUTOCAD\DWCS\OEXHIBIT\TRACTS\5325.DWG P.r.
1 �
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.
Our records indicate that there is not continuous existing curb-and gutter to convey runoff to the
Master Plan inlet located at NEC of Barcus and Indianapolis Avenues. The Developer shall be
required to provide documentation and/or improvements satisfactory to the City of Fresno to allow
for conveyance of storm water to the inlet location.
Development No. CUP 2004-16;
energypermit\exhibits2\cine-cup?004\2004-163Cim i
San Joaquin valley ;
Air Pollution Control District
July 29, 2004 Reference #460DEV2004
Dave Braun
Planning Division
2600 Fresno St. - AUG '0 2 Zoo .
Fresno CA 93721-3604
Planning Division
Devcio-prrie d Department
Subject: T-5325, R-04-51, C-04-163
Dear Mr. Braun:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley is classified non-attainment for ozone and fine particulate matter (PM10).
This project would contribute to the overall decline in air quality due to increased traffic and ongoing
operational emissions. Although this project alone would not generate significant air emissions, the
increase in emissions from this project, and others like it; cumulatively reduce the air quality in the San
Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below:
The following items are rules that have been adopted by the District to reduce emissions throughout the
San Joaquin . Valley, and are required. Current District rules can be found at
http://www.valleyair.or6/rules/1 ruleslist.htm.
1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning
devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential
developments. Please note that on July 17, 2003 amendments to Rule 4901 where adopted by
the District's Governing Board. Amendments to the rule may affect future construction plans for
residential developments. Specifically:
§5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments.
Beginning January 1, 2004,
5.3.1 No person shall install a wood burning fireplace in a new residential development with a
density greater than two (2)dwelling units per.acre.
5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per
acre in any new residential development with a density equal to or greater than three (3) dwelling
units per acre.
5.3.3 No person shall install more than one (1)wood burning fireplace or wood burning heater per
dwelling unit in any new residential development with a density equal to or;less than two (2)
dwelling units per acre.
2. District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10
emissions generated by human activity, including construction, road construction, bulk materials
storage, landfill operations, etc. A Dust Control Plan must be submitted for the .
District's approval at least 30 days before construction activities begin if the project cumulatively
encompasses 40,acres or more or will move more than 2,500 cubic yards per day of material on
at least three days of the project. An assistance bulletin has been enclosed for the applicant.
3. District Rule 4103 regulates the burning of agricultural material. Agricultural material shall not be
burned when the,land use is converting from agriculture to nonagricultural purposes. In the event
that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be
subject to District enforcement action.
'Mr. Braun July 29, 2004
T-5325, R-04-51 Page 2
4. Paving operations of this project will be subject to Rule 4641 (Cutback, Slow Cure, and Emulsified
Asphalt, Paving and Maintenance Operations). This rule applies to the manufacture and use of
cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.
There are a number of mitigation measures that should be incorporated into the design of this project to
reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City
development standards. All other measures should be implemented to the fullest extent possible). This
list should not be considered all-inclusive. The District encourages innovation in measures to reduce air
quality impacts.
• Trees should be carefully selected and located to protect the buildings from energy consuming
environmental conditions, and to shade paved areas. A"brochure has been included for the applicant.
See http://www.coolcommunities.or_q
http://www.Igc.orq/bookstore/energy/downloads/slv treeguidelines.pdf
http://www.urbantree.org
• Sidewalks and bikeways should be installed throughout as much of the project as possible and should
be connected to any nearby existing and planned open space areas, parks, schools, residential areas,
commercial-areas, etc., to encourage walking and bicycling. Pedestrian and bike-oriented design
reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be
designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways
should be designed to be accommodating and appropriately sized for anticipated future pedestrian
and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian
,movement through the project, and create a safe environment for all potential users (pedestrian,
bicycle and disabled) from obstacles and automobiles. Mid-block paths should be installed to facilitate
pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Sidewalks should be
designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking
lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a
safer environment for both pedestrians and vehicles.
• As many energy-conserving features as possible should be included in the design/construction of the
project. Examples include (but are not limited to):
Increased wall and ceiling insulation (beyond building code requirements)
Energy efficient widows (double pane and/or coated)
High-albedo (reflecting)roofing material. See http://eetd.Ib1.gov/coolroof/
Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmI
Cool Paving. See http://www.energy.ca.qov/coolcommunity/strategies.htmI
Energy efficient lighting and appliances. See http://www.energystar.gov/
Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters)
Energy efficient heating!cooling systems (such as radiant heating system)
Awnings or other shading mechanism for windows
Porch/Patio overhangs
Ceiling fans, whole house fans
Orient the units to maximize passive solar cooling and heating when practicable
Utilize passive solar cooling and heating designs.
See http://www.eere.energy.gov/RE/solar passive.html
Electrical outlets around the exterior of the units to encourage use of electric landscape
maintenance equipment
Pre-wire the units with high speed modem connections/DSL and extra phone lines
Natural gas fireplaces (instead of traditional open-hearth fireplace's')
- Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
- Low or non-polluting incentives items should be provided with each residential unit(such items could
include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site,
etc.
More information can be found at:
http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index,html
Mr. Braun July 29, 2004
T-5325, R-04-51 Page 3
• The project should include as many clean alternative energy features as possible to promote energy
self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind turbines, etc. There are rebate and incentive programs for alternative energy
equipment. More information can found at-
http://www.dsireusa.org/, http://rredc.nrel.gov/, . http://www.energy.ca.gov/renewables/
• Construction activity mitigation measures include:
- Require construction equipment used at the site to be equipped with catalysts/particulate traps to
reduce particulate and NOx _emissions. These catalysts/traps require the use of ultra-low sulfur
diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number
of these devices for installation in several diesel engine families to reduce particulate emissions. At
the time bids are made, have the contractors show that the construction equipment used is equipped
with particulate filters and/or catalysts or prove why it is infeasible.
Use alternative fuel construction equipment.
- Replace.fossil-fueled equipment with electrically driven equivalents (provided they are not run via
portable generator set).
Install wind breaks on windward sides of construction areas.
Curtail construction during periods of high ambient pollutant concentrations. - This. may include
ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare the
Air Days" declared by the District.
Require that all diesel engines be shut off when not in use on the premises to reduce emissions
from idling.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call Mr. Hector R. Guerra, Senior Air Quality Planner, or me at 230-5800 and provide
the reference number at the top of this letter.
4nt
erely,
hia Echavarria
Air Quality Specialist
Central Region
Enclosure
c:file
i •
San Joaquin Valley
Air PoUution Control District
COMPLIANCE ASSISTANCE BULLETIN
September. 2002 `
(Update from June 2002)
Fugitive Dust Control at Construction Sites
Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations
regulates activities that generate fugitive dust. .Fugitive dust is emitted to the air from open
ground or caused by activities such as excavation,.transporting bulk materials,,or travel on
unpaved surfaces. "PM10" is a term applied to small sized particulate matter-microscopic
dust particles -in the air. The San Joaquin Valley currently exceeds the air quality
standards for particulate matter. It is for this reason that the District adopted Regulation VIII
in 1993. Significant amendments to Regulation Vlll were adopted in 2001 and became
effective May 15, 2002. The following dust control and administrative requirements are
applicable at construction sites:
,Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity
during periods when soil is being disturbed by equipment or wind at anytime. Dust control
may be achieved by means of applying water before and during earth work and on traffic
areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE
opacity of 20% means the amount of dust that would obstruct the view of an.object by 20%.
Soil stabilization. Soil stabilization is required at any construction site after normal working
hours and on weekends and holidays. This requirement also applies to inactive
construction areas such as phased projects where disturbed land is left unattended.
Applying water to form a visible crust on the soil is an effective method for stabilizing a
disturbed surface area. Long-term methods include applying dust suppressants or
establishing vegetative cover. Restricting vehicle access from the area will help to maintain
a stabilized surface. Information regarding stabilization standards,and test methods are in
Rule 6011 —Genera/ Requirements.
Carryout and Tracko ut.,These requirements are found in Rule 8041 -Carryout and
Trackout. Carryout and trackout are materials adhered to vehicle tires and transport
vehicles carried from a construction site and deposited onto a paved public road. Should
carryout and trackout occur, it must be cleaned up at least daily, and immediately if it
extends more than 50 feet from the exit point onto a paved road. The recommended clean-
up methods include manually sweeping, sufficiently wetting the area prior to mechanical
sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry
sweeping with any mechanical device other than a.PM10-efficient street sweeper is
prohibited.
- ---- - ----- --------------
Access and Haut Roads. Dust control is required on all unpaved access and haul roads,
and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 —
Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Storage Piles and Bulk Materials. The handling, storage, and transportation requirements
for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include:
applying water as materials are handled, stabilizing or covering stored materials, and
installing wind barriers to limit VDE. Ltmiting vehicle speed, loading haul trucks with a
freeboard six inches or greater, covering haul trucks, or applying water to the top of the load
are options for reducing VDE from vehicle transportation of bulk materials.
Demolition. Wetting of the exterior of a building to be demolished is required. Demolition
debris and the area around the demolition must'also be controlled to limit VDE. Cleaning .
up carryout and trackout must be completed according to Rule 8041. Demolition activities
are also subject to the District's asbestos rule, Rule 4002—National Emission Standards for
Hazardous Air Pollutants. ..
Dust Control Plans. For large construction projects, Rule 6021 requires the owner or
contractor to submit a bust Control Plan to the District for approval at least 30 days prior to
commencing construction activities. This requirement applies to projects that include 40 or
more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per
day of material on at least three days during the project.
Record keeping. All sites subject to the regulation that employ dust control measures must
keep records for each day any dust controls are used. The District has developed record
keeping forms for water application,-'street sweeping, and for "permanent"controls such as
applying long term dust palliatives, vegetation, ground cover materials, paving, or other
durable materials. Pursuant to Rule 6011, records must be kept for one year after the.end
of dust generating activities.
Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation .
VIII requirements. The following exemptions in Rule 8021 apply to construction activities:
® Blasting activities
® Maintenance and remodeling of existing,buildings if the addition is less than 501/a of
the size of the existing building.or 10,000 square feet. These activities, however, are
subject to the District's asbestos rule, Rule 4002.
Additions to single family dwellings
Mowing, disking or other weed control on sites less than % acre.
Nuisance. Whether or not the construction activity is exempt from the Regulation VIII
requirements, any activity that creates fugitive dust must not cause a nuisance,;per Rule
4102 - Nuisance. Therefore, it is important to monitor the dust generating activities and, if
necessary, plan for and implement the appropriate dust control measures to limit the
public's exposure to fugitive dust.
This is a basic,summary of Regulation VII as it applies to the construction industry. For
more information contact the Compliance Division of the District office nearest to you.
Pacific Gas and
Electric Company
' Corporate Real Estate 650 T Street, Bag 23
South Valley Land Services Fresno, CA 93760.0001
October 12, 2004
Development Department 0 C T 2Ga4
Planning Division
Land Division Section
Attn: Dave Braun
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
OLL/R BILE: San-rger-Caiiforriia Ave m2 - i 0k*V-Line 709 (311-3 i4)
Dear Mr. Braun,
We have reviewed Vesting Tentative Tract Map No. 5235.
Thank you for the opportunity to review the Vesting Tentative Tract Map No. 5235.
Pacific Gas and Electric Company (PG&E) owns and operates electric transmission
lines located within the proposed project's boundaries. To promote the safe and
reliable maintenance and operation of utility facilities, the California Public Utilities
Commission (CPUC) has mandated specific clearance requirements between utility
facilities and surrounding objects or construction activities. To ensure compliance
with these standards, project proponents `should coordinate with PG&E early in the
development of their project plans. Any proposed development plans should provide
for unrestricted utility access and prevent easement encroachments.that might impair
the safe and reliable maintenance and operation of PG&E's facilities.
Some examples of activities that could have an impact upon our facilities include
permanent/temporary changes in grade under our facilities; construction of structures
.within or adiacent to PG&E's easements; and, planting of certain types of vegetation
under.our electric facilities.
Developers will be responsible for the costs associated with the relocation of existing
PG&E facilities to accommodate their , proposed development. Because facility
relocation's require long lead times and are not always feasible, developers should
be encouraged to consult with PG&E as early in their planning stages as possible.
Mr. Dave Braun
October 12, 2004
Page 2
Expansion of distribution and transmission lines and related facilities are a
necessary consequence of growth and development. In addition to adding new
distribution feeders, the range of electric system improvements needed to
accommodate growth may include upgrading existing substation and transmission
line equipment, expanding existing substations to their, ultimate-buildout capacity, .
and building new substations and interconnecting transmission lines. Comparable
upgrades or additions needed to accommodate additional load on the gas system .
could include facilities such as regulator. stations, odorizer stations, valve lots,
distribution and transmission lines.
PG&E remains committed to working with the City of Fresno to provide timely,
reliable and cost effective gas and electric service. Please contact me at 263-7373 if
you have any questions regarding our comments. We would also appreciate being.
copied on future correspondence regarding this development.
Sincerely,
Randy Walker
Land Agent
STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor
r {
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE s
P. O. BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666 Flex your power!
FAX (559)488-4088 Be energy effcieni!
TTY (559)488-4066
July 14, 2004
213 1-IGR/CEQA
6-FRE-99-25.1+/-
C-04-163, R-04-5.1, T-5325
CENTURY DEVELOPERS
114r. Dave Braun
City of Fresno Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
Dear TN1r, Braun:
We have reviewed the use permit, rezone and tentative tract map for the proposed 44-lot
single-family residential project on property located on the ;southeast corner of North Polk.
and West Gettysburg Avenues. Caltralrys ]lr.is, the following comments:
Fhe proposed project, in and of itself, is not expected to create significant impacts to the
State Highway System.
This ..Project is below the 2025 General Plan MSIR threshold that requires projects
producing 100 or more peak-hour trips to evaluate the project's contribution to increased
Pear:iiOur vehic;ie delay at riajur stice,t i.ntersec_;.ions adjacerit 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 and mitigating for these impacts..
With the amount of new development in this region of Fresno, it is assumed there will be
development-related impacts to the State Route (SR) .99/Shaw Avenue interchange.
Caltrans has a project to improve this interchange. The project has three alternatives. The
preferred, altemative has an estimated cost of $50.6 million, with two scaled-down
alternatives at $17 and $10.9 million. The environmental phase of the project has started,
"Caltrans improves mobility across California"
Mr. Dave Braun
July 14, 2004
:Page 2
and is fully funded with $1.6 million in TCRP funds and will be completed in October 2004.
The Plan, Specifications, and Estimates (PS & E) phase of the project will proceed with
TCRP funds, to be completed in Fiscal Year 2005. If the remaining TCRP funds become
available, we can proceed until 2009 (through the preliminary right-of-way process), at
which time additional fund sources will need to be identified for right-of-way and
construction. The current timeline for construction i.s 2010. It is possible that there could
-be changes or delays in the project due to funding constraints; however; none are expected
at this time.
We also anticipate deveiopment-related impacts to the SR yy%Asilan .Avenue interchange.
In the past, the northbound off-ramp has backed up onto the mainline. 'To improve the
queuing problem, Caltrans made adjustments to the signal timing to reduce queuing in all
directions. However, traffic congestion created by this project and others in the area could
cause traffic,:to back up onto the mainline again. We have notified the Cityof problems
with this interchange in numerous letters on numerous projects, as well as in our cornments
on the General Plan Update. While,Caltrans has a proposed. project to widen the off-ramp,
funding for.these improvements is unlikely for several years. 'Ale have previously noted to
the City that eastbound dual lefts are needed on Ashlan Avenue to Golden State Boulevard.
However, this would also require improvements on Golden State Boulevard. to allow two
northbound .receiving lanes.
The northbound off-ramp to Ashlan will need one additional lane for the length of the off-
.ramp plus a two-lane exit and 400 m auxiliary lane. Because the auxiliary lane will require
the reconstruction of a structure (Dakota Avenue Overcrossing), only one additional lane is
considered for the ramp terminus. The auxiliary lane could be added if and when the
Dakota Avenue overcrossing is replaced. An additional 12' of right-of-way will be required,
on the eastside of the off-ramp, but the construction of a retaining wall is also a possibility.
It would be a possibility for a portion of the work to be done by the applicant at the top of
the off-ramp.
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.
We request that this letter be made a part of the permanent public record for this project and
that a copy of our,letter be included in the.staff reports for both the City Council and the
"Caltrans improves mobility across California"
Er w •
Mr. Dave Braun
July 14, 2004
Page 3
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,
A
MOSES STITES
Office of Transportation Planning
District 6
Enclosure
C: Ms Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California""
ATTACHMENT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION
ALTERNATIVES
Ongoing development throughout the City of Fresno, including this project, will
make traffic operations significantly worse by adding considerably to delay and
congestion. Transit alternatives can help reduce congestion and delay and reduce
overall degradation of air quality and gridlocked intersections. The City of Fresno
should focus on 'ways to eliminate trips in addition to enhancing capacity.
Transportation alternatives the City should consider include standard highway
solutions along with the following:
1. Park and ride.facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this
area to provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be
financed through an assessment district and provide a way for individuals
to utilize a park-and-ride facility or commercial area parking, lot and be
shuttled to various commercial/office centers within the area. Commuters
Who need to go further could use City of Fresno transit if the City planned
for convenient connections. This may help to reduce the Single Occupancy
Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpools/vanpools or
monthly transit passes for employees as well as including as a condition of
project approval a covered transit stop as mitigation for nroiect=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.
i
City of
1n®ITr%—
Department of Public Utilities
Solid Waste Division
1325 E. EI Dorado Fresno, California 93706-2014
(559) 621-1452
www.fresno.gov
July 29, 2004
TO: Dave Braun, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations
Department of Public Utilities, Solid Waste Division
FROM: Donna Leslie, Staff Assistant
Department of Public Utilities, Solid Waste Division
SUBJECT: TT 5325, Solid Waste Conditions of Approval
The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting
Tentative Tract Map 5325, which was submitted by Yamabe & Horn Engineering. The following
requirements and conditions are to be placed on this vesting tentative tract map as a condition of
approval by the Department of Public Utilities.
General Requirements:
• Tract 5325 will be serviced as Single Family Residential properties with Basic Container
Service. Property owners will receive 3 containers to be used as follows: l Gray container
for solid waste, 1 Green container for green waste and 1 Blue container for recyclable
material.
• The owners, lessees or other tenants of the residential dwellings on service day, before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's
Solid Waste Management Division Standards.
• Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No
Solid Waste container nor residential rubbish shall be allowed to remain at the curbline
after 8:00 p.m. on the collection day.
Special Conditions:
• Developer shall provide'a temporary turnaround at the end of lots 37 and 38. Turnaround
shall be large enough to accommodate a solid waste truck that is approximately 35' long,
10'.5" wide and has a turning radius of 44'.
• North Barcus shall be developed through to West Gettysburg to provide a second point of
access for solid waste trucks. -
J:\Conditions of Approval_775325.wpd
City of
lE®Ing-%ILI
DATE: August 4, 2004
TO: Dave Braun, Planner III
Development Department, Planning Division
THROUGH: Jose Luis.Benavides, P.E., Traffic Engineering Manager��
Public Works Department, Engineering Division
FROM: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: TT 5325 /.C-04-163 Public Works Conditions of Approval
(Gettysburg: between Polk and Cornelia)
The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map
5325 / C-04-163, which was submitted by Century Developers LLC.. The following requirements are to be
placed on this tentative tract map as a condition of approval by the Public Works Department.
General Conditions:
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.
The developer shall install median island and frontage landscaping concurrent with the street
improvements.
Frontage Improvement Requirements:
Major Streets:
Gettysburg Avenue: Collector
1. Dedicate 42'-44' of property, from section line, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Collector Standards.
2. Construct concrete curb, gutter and sidewalk to Public Works.Standard P-5. The sidewalk pattern
shall be constructed to a 10-foot residential pattern.
3. Construct an 80 foot bus bay curb and gutter at the southeast corner of Gettysburg and Polk to
Public Works Standard P-73, complete with a 10 foot monolithic sidewalk.
. 4. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of
this subdivision.
Page 1 of 2
CALouise\TRACT MAPS\T-5325 Gettysburg btwn Polk&Cornelia.doc
I
5. 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.
6. Relinquish direct vehicular access rights to Gettysburg Avenue from all lots within this subdivision.
Polk Avenue: Arterial
1. Dedicate 55'-57' 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 Polk Avenue from all lots within this subdivision.
Interior Streets:
Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, and
underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk
patterns shall comply with Public Works API Standards for,fifty (50) foot and fifty-four (54) foot streets.
Design and construct all driveways and driveway approaches to Public Works standards, see Exhibit B.
Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance
with the Pubic Works Standard P-44.
Specific Mitigation Requirements:
1. This tract will generate 33.a.m. / 44 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is
not required.
2. Relinquish direct vehicular access rights to
a. the east property line of lots 17 and 44.
b. 'the west property line of lot 1.
3. The first order of work shallinclude a minimum of two points of vehicular access to the major
streets for any phase of this development.
4. Barcus Avenue: Dedicate and construct full offsite improvements on the west side of Barcus
Avenue and an additional 17' of permanent paving on the east side.
5. Dedicate and construct a temporary turnaround at the south end of Elendale Avenue.
UGM Requirements:
This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees.
Gettysburg Avenue: Collector ,
1. Install a signal pole with a 150-watt safety light to Public Works Standards at the southeast corner
of Gettysburg and Polk.
Page 2of2
CALouise\TRACT MAPS\T-5325 Gettysburg btwn Polk&Comelia.doc
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EXHIBIT B
PROPERTY
LINE
- I
BLDG
4' SW 7,
20' (18' MIN) 1,
3' MIN
5.5' S W
W1' PEDESTRIAN EASEMENT REQUIRED
A 9
DEPARTMENT OF PUBLIC WORKS
TO: Kevin Fabino, Planner
Planning Division
FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690)
DATE: December 9, 2004
SUBJECT: VESTING TENTATIVE MAP OF TRACT 5325
The Department of Public Works has reviewed the Tentative Subdivision Map proposed by
Century Developers, on engineering drawings plans prepared by Yamabe & Horn Engineering
Inc., dated June 28, 2004. The DEPARTMENT OF PUBLIC WORKS offers the following
comments regarding the STREET TREES, BUFFER LANDSCAPING AND MEDIAN ISLANDS.
STREET TREE REQUIREMENTS
A. Fresno Municipal Code requires one tree per 60 lineal feet of street frontage. Street trees
shall be planted at the rate of one tree for each 60' of street frontage. The subdivider is required .
to provide street trees on all public street frontages and buffer landscaping easements. The
subdivider is required to provide automatic irrigation for all street trees. The irrigation system
shall comply with FMC 12-306-N-23.
B. The street tree species are designated for the following rights of way:
STREET NAME STREET TREE SPECIES
N. Polk Avenue Sopium sebiferum, (Tupelo)
W. Gettysburg Ave Quercus suber. (Cork Oak)
N. Barcus Ave. Ginkgo biloba, (Ginkgo)
W. Norwhich Ave. Nysso sylvatica, (Tupelo)
N. Ellendale Ave. Nysso sylvatica, (Tupelo)
C. Street trees required within the subdivision shall be planted.in a 10' Public Planting Utility
Easement (PPUE). The PPUE shall be indicated on the map.
BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS
A. The subdivider is required to landscape/ irrigation and provide long term maintenance for said
landscape in the landscape buffer(s) on North Polk and West Gettysbury Avenues. The
subdivider may petition for annexation in the Community Facilities District, or may form a Home
Owner's Association.
B. Buffer Maintenance.Throueh Annexation to the Community Facilities District. Landscape
and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC
WORKS for review and approval prior to a Council approval of the final map. Plans shall be
numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street
construction plan set for the final map. These fees are applicable when the subdivider elects to
Department of Public Works comments T-5376 Tentative Map
spetember 27,2004 page 2
maintain the buffer landscaping by annexing to the city's Community Facilities District.
1. Landscaping shall comply with Landscape Buffer Development Standards approved by
the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an ..
existing buffer and/or parkway strip, the planting concept shall simulate the adjacent
landscape design to present a more uniform appearance on the street. Variances in the
landscape concept will be acceptable, but the design of the new landscape buffer and/or
parkway strip shall strive to mimic the existing as much as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall
be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with- I' 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,. the use of synthetic
erosion control netting in combination with ground cover species approved by the THE
DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES 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.
CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT % INITIAL STUDY
FINDING OF CONFORMITYI MSIR NO. 10.130
Pursuant-to Section 21157.1 of the California Public .Resources Code oa ka FILING:
(California Environmental Quality Act) the project described below is
determined to be within the scope of the Master Environmental Impact 2034 SPP 17 PN 4' 09
Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan.
CITY CLERK, FRESNO r;,
Initial study is on file in the Planning and Development Department,
City Hall, 2600 Fresno Street, Fresno, California 93721
(559)621-8277
Applicant: Initial Study Prepared By:
Century Developers Dave Braun, Planner III
1713 Tulare Street, #400 September 17, 2004
Fresno, California 93721
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-04-051
Vesting Tentative Map No. T-5325/UGM Southeast corner of North Polk and West Gettysburg
Conditional Use Permit No. C-04-163 Avenues.
(APN: 311-032-18)
Project Description:
Rezone Application No. R-04-51 proposes to rezone a 8.8 acre site from the AE-5/UGM (Exclusive Five Acre
Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth
Management) zone districtt The site is located on the Southeast corner of North Polk and West Gettysburg
Avenues. Vesting Tentative,Tract Map No. T-5325/UGM is proposing to subdivide the subject.property into a 44
lot single family residential dwelling units, as a planned development, with a 5.0 dwelling units per acre. The West
Area Community Plan and the 2025 Fresno General Plan designate the planned use as medium density
residential, 4.99-10.37 Dwelling Units/Acre.
The project also includes Conditional Use Permit Application No. C-04-163 which proposes modification of the
R-1 zone district development standard of 60 foot lot width as permitted by the Fresno Municipal Code, Section
12-211.5(8)to 50 to 55 foot lot widths, as permitted by the Fresno Municipal Code, Section 12-211.3 and 12-306-
N-21.
The subject site currently contains one residential dwelling unit. The properties to the north and west are existing
single family dwelling units, also with a planned use as medium density residential. To the south, proposed
Vested Tentative.Map No. 5368, contains 9.71 acres, 39 single family dwelling units, and is also planned use as
medium density residential. The property directly to the east is vacant.
Conformance to Master Environmental Impact Report (MEIR No. 10130):
As previously indicated,the recently adopted 2025 Fresno General Plan designates the subject parcel for medium
high density.residential planned land use. The requested R-1/UGM zone district conforms to the medium high
density residential land use designation as indicated by the 2025 Fresno General Plan, pursuant to Section
12-403-B-2-b-(1) of the Fresno Municipal Code.
The Planning and Development Department staff has prepared an initial study and environmental checklist and.
evaluated the requested rezoning in accordance with the land use and environmental policies and provisions of
the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The
subject property is proposed to be developed with single-family residential uses at an intensity and scale that is
permitted by the planned land use and proposed zoning designations for the site. Thus, the rezoning will not
facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-
..
Finding of Conformity Under MEIR No. 10130 '
Environmental Assessment No. R-04-051/T-5325/C-04-163
September 17, 2004
Page 2
noted planned land use designation. Moreover, it is not expected that the existing and future development, per
the requested rezoning, will adversely impact existing city service systems or the traffic circulation system that
serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public
Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130
have been applied to the project necessary to assure that the project will not cause significant adverse cumulative
impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130
as provided by CEQA Section 15178(a).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be
determined that a subsequent project falls within the scope of a MSIR, provided that the project does not cause
significant impacts on the environment that were not previously examined by the MEIR.' Relative to this specific
project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno.General Plan land use
designations, include impacts associated with the medium low density residential land use designation specified
for the subject parcel. Based on this initial study, the project does not,change the land use indicated for the
subject parcels and will not generate additional significant effects not previously identified by the MEIR and no
new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR
as defined by Section 15177 of the CEQA Guidelines.
Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of
the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to
the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided
regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the
California Public Resources Code (CEQA provisions).
/7 O
Darrell R. Unruh bate
Planning Manager, City of Fresno
KAMaster Files-2004VREZON&R-04-051,T-5326,C-04-163 polk and gettysburg\MEIR Finding of Conformitympd
Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-051/T-5325/C-
04-163
Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment
No. R-04-051/T-5325/C-04-163
i
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ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EFFECTS
EA NO. R-04-051/T-5325/C-04-163
1_0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion - 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities (on or off site
1 2.1 Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas
1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation
1 2.3 Generation of objectionable odors
1 2.4 Generation of dust except during construction 12.0 HAZARDS
1 2.5 Adverse local climatic changes 1 12.1 Risk of explosion or release of.hazardous substances
1 12.2 Site subject to flooding
3_0 WATER 1 12.3 Adverse change in course of flow of flood waters
1 3.1 Insufficient ground water available for long-term project 1 12.4 Potential hazards from aircraft accidents
use 1 12.5 Potential hazards from landfill and/or toxic waste sites
1 3.2 Use of large quantities of ground water
1 3.3 Wasteful use of ground water 13.0 AESTHETICS
1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view
1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions
1 13.3 Removal of street trees or other valuable vegetation
4_0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area
1 4.1 Reduction of the numbers of any unique, rare or
endangered species 14.0 HISTORICAL I ARCHAEOLOGICAL
1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building, disruption of archaeological
1 4.3 Premature or unnecessary conversion of prime site
agricultural land 1 14.2 Construction or activity incompatible with adjacent
historic site
5.0 ANIMAL LIFE
1 5.1 Reduction in the numbers of any rare, unique or 15.0 ENERGY
endangered species 1 15.1 Use of substantial amounts of energy or fuel
1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon-existing sources of
energy
1 6_0 HUMAN HEALTH 1 15.3 Wasteful use of energy
7.0 NOISE EXPLANATION OF RATINGS
1 7.1 Increases in existing noise levels
1 7.2 Exposure to high noise levels "0" Insufficient Information
Insufficient information is available to determine the potential
8_0 LIGHT AND GLARE environmental effects which may result from the proposed
1 8.1 Production of glare which will adversely affect residential project in this category.
areas
1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect
The proposed project will not have an adverse environmental
9_0 LAND USE effect in this category, or any such effect is not substantially
1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also
1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the
1 9.3 Induces unplanned growth particular project under consideration.
1 9.4 Adverse change in existing or planned area
characteristics "2" Moderate Environmental Effect
The proposed project will have an adverse environmental
10.0 TRANSPORTATION AND CIRCULATION effect in this category,which is of sufficient magnitude to be o
1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantial
deficiencies on existing street system enough in itself to require the preparation of an Environmental
1 10.2 Cumulative increase in traffic on a major street for which Impact Report, and is mitigable through project changes and
capacity deficiencies are projected conditions.
1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians
1 10.4 Routing of non-residential traffic through residential area "3" Sign ificant.Adverse Environmental Effect
1 10.5 Insufficient or poorly located parking The environmental effect identified in this category
1 10.6 Substantial increase in rail and/or air traffic substantiates in itself or contributes towards a finding that the
proposed project has a potentially significant adverse effect on
the environment sufficient to require the preparation of an
Environmental Impact Report.
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