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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. 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MSTR 3 LU L C7 `-i c°i LL MASTER BEDROOM u u o cc d a 2/4 2/6 SHE1F AND POLE GREAT R00I Tn 6/0 DBL BTPAM >q 2/6 eanoNAL FIREPLACE I BTH f` IERTAWNENT CENTER i - BEDROOM 2 . ® .LINEN 2/0 C+ HALL 2/6 ENTRY }/; b EDROOM 3 GARAGE 4b%UULRI P RCH FLOOR PLU SCALE: 1/4" = V-0" s S'-F.' 1?'-A• lu, Ij w ul SHELF AND kE tu esa 2/4T COVERED PATIO (� (OPTION) U3 m CL 2A = O J LU 3050 AIDER 5068 A..0.0R. 3050 SODER IW0 a MASTER BEDROOM I r U� > z I D O w ® I z EL U- LU U- KI cc 0 2/E FRAME DOOR i FAMILY ROOM z COMP. I OESM I BEDROOM 2 I HALL z/o 5/0 DOL BYPASS 2/6 SHELF AND POLE W I s/ NOOK . �- SH f1F AND POLE 2/6 ,i 8 S/D DBL BYPASS - 2/6 2 I ai LND 3/ .1 TH. Al BEDROOM 3 TTI PORCIJ GARAGE 3010 nx ' 4 •1 TOP O1 A CH W/301 ARCH TOP OVER OR PIAN- SCALE: 1/4" = 1'-0" 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" Luj- Z . J ul / �� W Y � W Q D U Y , o✓ , Q J I m CL SCALE 1"=300' LEGEND o-,_ MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER - PIPELINE (SIZE SHOWN) & STAND. —— 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 ener\penn it\exhibits2\tract\53250m) r P I NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. PICO 24° AVE. 1015111 A GETTYSBURG AVE. I 4„ Pvc w ti Z J Ui Ln w a N u a J I m O 'I SCALE 1"=300' LEGEND o-_ MASTER PLAN FACILITIES TO BE CONSTRUCTED BY 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 ,ba 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 i l i i 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. m LL 4Q c a d Y A 4 /i �" : IS r t ftf.f h 1 s' '� r r t yr a {g S•t S 'rkLy`fit s O U O m Q a) U �t {Y rydr!t"�t 3urWlr ir,. j. tt) e4 �,bfi �+ )�•i a.u�- CV '0 T W cn O a) U e Yr 4 Sr P,tS rv- rliL,fr��4 J{y ? iMIV : i 'IIIuXIr yAt r.�l '' pini�R'+X`ty r ° O p) a) h),eSFf�'iiY�i2�y�+P}1', �,ka `�y;x�f3 iiy`: R't tPhc�•n'+ngEpr�#,SJt� tr. �`t C Q -O ri't �. 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