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Home My WebLink AboutT-5338 - Report - 6/8/2005 City ofFREW REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII—G COMMISSION MEETING 2-16-05 February 16, 2005 _ APPROVED BY FROM: STAFF, Planning Division ' Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-65, VESTING TENTATIVE TRACT MAP NO. 5338/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-65/T-5338/UGM EXECUTIVE SUMMARY Rezone Application No. R-04-65 and Vesting Tentative Tract Map No. T-5338/UGM, filed by Ciao Properties, will facilitate the development of a 123-lot single family residential subdivision on 45-acres located on the south side of West Bullard Avenue, west of the intersection of North Grantland and West Bullard Avenues. Rezone Application No. R-04-65 proposes to change the existing zone district from the R-R (Rural Residential-Fresno County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for a 35-acre portion of the project site. If approved, the project site will require detachment from the Kings River Conservation District and the North Central Fire Protection District and annexation to the City of Fresno. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT Rezone Application No. R-04-65 and Vesting Tentative Tract Map No. T- 5338/UGM propose to develop a 123-lot single family residential subdivision at an overall density of 2.74-dwelling units per acre. APPLICANT Ciao Properties (Engineer: Gary G. Giannetta Civil Engineering & Land Surveying) LOCATION Southeast corner of North Grantland and West Bullard Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 45-acres LAND USE Existing - Medium density residential planned land use (4.99- 10.37 Dwelling Unit/Acres). Proposed - Medium density residential planned land use (4.99- 10.37 Dwelling Unit/Acres). ZONING Existing - R-R (Rural Residential-Fresno County) Proposed - R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district designation is consistent with the AND CONSISTENCY 2025 Fresno General Plan and the West Area Community Plan designation of medium density residential planned land use (4.99 to 10.37 units per acre). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 2 ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) was issued on January 28, 2005. PLAN COMMITTEE The West Area Community Plan Advisory Committee recommended RECOMMENDATION approval of the rezone and vesting tentative tract map applications at its meeting on October 4, 2004. STAFF RECOMMENDATION Recommend approval to City Council of Rezone Application No. R-04-65 and approve Vesting Tentative Map Application No. T-5338/UGM subject to compliance with the Conditions of Approval dated February 16, 2005. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Low Density Residential R-R Rural Residential (Rural Residential-Fresno County) South Medium High Density R-R Rural Residential Residential (Rural Residential-Fresno County) Open Space Vacant East Medium Density Residential R-R Rural Residential (Rural Residential-Fresno County) Vacant est Medium Low Density R-R Rural Residential Residential (Rural Residential-Fresno County Vacant ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-65lT-5338/UGM considered potential environmental impacts associated with the subject rezone and vesting tentative tract map applications. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of 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 January 28, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the comment period. BACKGROUND / ANALYSIS Rezone Application No. R-04-65 and Vesting Tentative Tract Map No. T-5338/UGM, filed by Ciao Properties, will facilitate the development of a 123-lot family residential subdivision on 45-acres located on the south side of West Bullard Avenue and west of the intersection of North Grantland and West Bullard Avenues. Rezone Application No. R-04-65 proposes to change the existing zone district from the R-R (Rural Residential-Fresno County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for a 35-acre portion of the project site. Vesting REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 3 Tentative Map Application No. T-5338/UGM proposes to subdivide the subject property into 123-single family dwelling units. The project site is designated for medium density residential use by the 2025 Fresno General Plan and West Area Community Plan. According to the "Planned Land Use and Zone District Consistency Matrix" (Table 2) adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential land use designation allows for 4.99 to 10.37 dwelling units per acre. However, Fresno Municipal Code Section 12-403-B-2-b-1 allows development of a project site not less than the minimum density of the next lower land use designation, which is the medium-low density residential (2.19 to 4.98 dwelling units per acre). The proposed subdivision overall residential density is 2.74-dwelling units/acre. Therefore, Vesting Tentative Map No. T-5338/UGM is consistent with the 2025 Fresno General Plan and the West Area Community Plan. If the project is approved, development will necessitate the detachment of the subject property from the Kings River Conservation District and the North Central Fire Protection District and annexation to the City of Fresno, for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. The applicant has also initiated a request for vacation feasibility study, which has been routed to the appropriate departments and agencies for comment dated February 2, 2005. The request is to vacate a portion of a 60-foot wide street easement, located + 690-feet south of West Bullard Avenue extending from North Grantland Avenue to +1324-feet west as shown on attached Exhibit B. The 60-foot wide strip of land is shown on a Record of Survey recorded December 21, 1920 in Book 10 of Record of Surveys at Page 33, Fresno County Records. The proposed residential subdivision contains several parcels which in large part are vacant, with two parcels (APN: 505-040-06 and 505-040-07) located on the northeast portion of the project site containing single family dwelling units. Located on the southwest corner of North Grantland and West Bullard Avenues are five parcels each less than one-acre in size containing rural residential dwelling units that face North Grantland Avenue. Property located directly to the north and northeast of the proposed project is development with rural residential dwellings. To the southwest, south and southeast is vacant agricultural lands. Related applications were previously approved (Plan Amendment No. A-04-09 and Rezone No. R-04- 09) pertaining to the 10-acres of subject property located on North Grantland Avenue, between West Bullard and West Barstow Avenues. The plan amendment application changed the planned land use from office commercial to medium density residential. The rezone application changed the zone district classification from the R-R (Rural Residential-Fresno County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The Fresno City Council approved the plan amendment and rezone applications on July 27, 2004, together with its environmental finds of a mitigated negative declaration. Public Resources The Public Utilities Department has determined that adequate water and sanitary sewer services are available to serve the project. The nearest public water line is located in North Bryan Avenue and the nearest sanitary sewer serve lines is located in North Grantland Avenue adjacent to the project. 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. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 4 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. Major Street Improvements The 2025 Fresno General Plan designates West Bullard Avenue as a collector street (two travel lanes in each direction) and North Grantland Avenue as an arterial street (two travel lanes with a concrete median island), which will require dedication of right-of-way and construction of 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 Grantland and West Bullard Avenues from all residential lots adjacent to major street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. T- 5338/UGM Conditions of Approval, dated February 16, 2005. Streets and Access Points This subdivision is proposed to have major street access points on West Bullard and North Grantland Avenues. Local street access is on North "B' and West Roberts Avenues. The Public Works Department Transportation Planning Section has reviewed the rezone and vesting tentative tract map applications and 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 Bullard and North Grantland Avenues and all interior streets to the ultimate planned width. Landscaping/Walls The West Area Community Plan Policy No. W-3-c & d, will require dedication, installation and maintenance of 20-feet of landscaping and a solid wall at the rear of the required setback along North Grantland Avenue and 15-feet of landscaping and a solid wall at the rear of the required setback along West Bullard Avenue. These improvements will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major streets. Pursuant to West Area Community Plan Policy No. W-6-a, the standards for interfaces between urban and rural residential land use will require that the rear yard setback be 30 feet and that a 6-foot high solid masonry wall be constructed at the rear of lots which back-onto the rural residences. West Area Community Plan Advisory Committee The West Area Community Plan Advisory Committee reviewed the rezone and vesting tentative tract map applications at its meeting on December 13, 2004, and recommended approval by a vote of 4 to 0. 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). ■ REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 5 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 Fresno Municipal Code Section 12-403-B-2-b-(1), 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. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. The Planning Commission's action on the proposed vesting tentative tract map is final unless appealed in accordance with the Fresno Municipal Code, Section 12-406-I. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has commented that development of the proposed residences will result in additional vehicle trips during the peak hour traffic periods which will impact the State Route (SR) 99 interchange at West Herndon Avenue. Caltrans recommended that a traffic impact study be prepared "in order to assess the project- related impacts to the State Highway System and the pro-rata share towards area-wide circulation improvements." Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The city staff has not recommended that a state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and its cost, REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 6 a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. The city's conclusion has been based upon Caltrans' submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources, and the lack of adequate information to comply with Fee Mitigation Act requirements (California Government Code §§ 66000 et sequentes) applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the California Environmental Quality Act process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. In response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable to implement a fair and equitable traffic impact fee for state highway facilities. The Caltrans correspondence has been included with this staff report as requested by Caltrans staff. CONCLUSION / RECOMMENDATION 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-04-65/T-5338/UGM, dated January 28, 2005, 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-04-65 to change the existing zone district designation from the R-R (Rural Residential-Fresno County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-65 Vesting Tentative Tract Map No. 5338/UGM February 16, 2005 Page 7 3. RECOMMEND APPROVAL Vesting Tentative Tract Map No. T-5338/UGM subject to compliance with the Conditions of Approval dated February 16, 2005. Attachments: Vicinity Map Aerial Map Exhibit "A", Vesting Tentative Tract Map No. 5379/UGM dated September 10, 2005. Exhibit "B", dated February 2, 2005 Conditions of Approval for T-5338/UGM dated February 16, 2005 Environmental Assessment No. R-04-65/T-5338/UGM Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130) dated January 28, 2005. California Department of Transportation letters dated September 23, 2004 & November 23, 2004 KAMaster Files-2004/R-04-65/T-5338/UGM/PC.doc Q 2 as BULLARD �......••.. .. •• til• County Z ,� t7 LEGEND Subject Property U.GM.Area VICINITY 31" PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO.5338/UGM REZONING APPLICATION NO. R-04-065 A.P.N.:$05-040-065,07 0�14.15S,16 From RR(County)to R-i/UGM ZONE MAP: 1843 Southwest corner Bullard and Grantland Aves. 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Ta M _amort- t • _ ' - i RLT • uH a it 9 • § 84,E' 8 FI R 3• h 0 E•1 R .. a 4 .« i - R a ► x i � x i � � i� a F a F�I• a n, E E F LL EXHIBIT SCALE: 1 " 300' WEST BULLARD AVENUE — 30' 0 0 I. - CD N 04 y�� K1 I M co Q� t0 I 60' 30' APN 505-04I)-0 T Lu 647.22' 156 156' 335.17' WNW 431.48' 1 862.9 1' Q 60' STREET AS SHOWN..ON THE 30' RECORD OF SURVEY RECORDED IN BOOK 10, PAGE 33 OF N lb RECORD OF SURVEYS, FRESNO 0 COUNTY RECORDS. � Z 30' I INDICATES STREET TO BE VACATED 8. ZOnS' CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF-APPROVAL February 16, 2005 AMENDED VESTING TENTATIVE TRACT MAP NO. 5338/UGM South side of West Bullard Avenue, West of the Intersection of North Grantland and West Bullard 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. T-5338/UGM entitled "Exhibit A," dated September 10, 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 Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 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 east property lines of lots which back-onto or side-onto North Grantland 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. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 3 10. 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 Bullard 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 Grantland 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 Bullard Avenue. b. All curbs and gutters, sidewalks, medians, street fumiture and street furniture as approved by the Public Works Department within the boundaries of the map. 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 (CCBRs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 4 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 landscape easement along North Grantland and West Bullard Avenues. 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 16. Building setbacks shall be in accordance with the R-1/UGM zone district as shown on Exhibit "A" of Vesting Tentative Map Tract No. T-5338/UGM dated September 10, 2004, and pursuant to Fresno Municipal Code (FMC) Section 12-211.5, Property Development Standards, unless otherwise noted in these conditions. 17. Pursuant to West Area Community Plan Policy No. W-6-a, the rear yard setback for lots 92, 93, 117, 118, 119, 120, 121, 122 and 123 shall be 30 feet. 18. Pursuant to West Area Community Plan Policy No. W-6-a, the developer/owner shall construct a 6-foot high solid masonry wall (at finished grade of proposed site) or architecturally-designed solid fence pursuant to the solid wall requirements of FMC Section 12-306-H at the rear of lots 92, 93, 117, 118, 119, 120, 121, 122 and 123 back- onto the rural residences. Information 19. Vesting Tentative Tract Map No. T-5338/UGM is subject to Council approval of Rezone Application No. R-0465. 20. Vesting Tentative Tract Map No. T-5338/UGM is subject to Council approval of the vacation of a 60-foot wide strip of land as shown on a Record of Survey recorded December 21, 1920 in Book 10 of Record of Surveys at Page 33, Fresno County Records. Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 5 21. 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. 22. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 23. 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. 24. 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. 25. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 26. 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 805-6442289) 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. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 6 27. 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. 28. 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. 29. 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. COMMUNITY FACILTIES DISTRICT 30. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street easements (including median to centerline) and the landscaping easement along the property lines that side or back onto West Bullard and North Grantland Avenues. Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 7 b. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street easements along the property lines that side or back onto West Roberts and North "B" Avenues. c. Maintenance of all curbs, gutters, sidewalks, medians and street furniture (to centerline)within North Grantland and West Bullard Avenues bordering the tentative map. d. Maintenance of all local streets, curbs, gutters, sidewalks, medians and street furniture (to centerline)within North Grantland and West Bullard Avenues bordering the tentative map. e. Maintenance of all street lights as approved by Public Works Department within the boundary of the tentative map. f. Maintenance of all street trees as approved by Public Works Department within the boundary of the tentative map. 31. The developer/owner shall comply with the requirements in the letter from Public Works dated September 28, 2004 for Vesting Tentative Tract Map No. T-5338/UGM. For additional information contact Public Works Department at 621-8695. 32. Should the owner/developer choose to not be included with the CFD for the maintenance of the items listed above, the property developer/owner shall privatize all common areas, including streets, with the tentative map and provide for the maintenance of all of the above items by the property owners. PARK SERVICE 33. The developer/owner shall comply with the requirements in the letter from Public Works dated October 14, 2004 for Vesting Tentative Tract Map No. T-5338/UGM. Urban Growth Management Requirements 34. 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 FMC Section 12-4.509-C-3. FIRE SERVICE 35. This project is more than three miles from Fire Station No. 14 and 17. Provide fire sprinklers in all homes or comply with other options within UGM Ordinance. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 8 36. The developer/owner shall comply with the requirements in the letter from Fresno Fire Department, dated September 20, 2004 for Vesting Tentative Tract Map No. T- 5338/UGM. Urban Growth Management Requirements 37. The subdivider shall be required to pay the Fire service fees for Fire Station No. 17. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of FMC Section 12-4.509-C-3. STREETS AND RIGHTS-OF-WAY 38. 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. 39. 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. 40. 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). 41. The subdivider shall install all existing and proposed utility systems underground in accordance with FMC Sections 12-1011, 8-801 and Resolution Nos. 78-522, 88-229. 42. 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 Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 9 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. 43. 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. 44. 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. 45. Handicap access ramps are required at all corners within the limits of this subdivision. 46. 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. 47. The developer shall install median island and frontage landscaping concurrent with the street improvements. MAJOR STREETS West Bullard Avenue (Collector) 48. Dedicate 47 to 54-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. 49. Construct concrete curb and gutter to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 50. Construct twenty(20)feet of permanent paving (measured from face of curb)within the limits of this subdivision. 51. 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. 52. Relinquish direct vehicular access rights to West Bullard Avenue from all lots within this subdivision. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 53381UGM February 16, 2005 Page 10 North Grantland Avenue (Arterial) 53. Dedicate 55 to 57-feet of property, from section line, for public street right-of-way purposes within the limits of this subdivision to meet City of Fresno arterial street standards. 54. Construct concrete curb and gutter to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 55. Construct twenty(20)feet of permanent paving (measured from face of curb)within the limits of this subdivision. 56. 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 street standards. 57. Relinquish direct vehicular access rights to West Bullard Avenue from all lots within this subdivision. INTERIOR STREETS 58. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sac and underground street lighting systems on all interior streets to Public Works Standards. Sidewalk patterns (7') shall comply with Public Works API Standards for 50- foot and 54-foot streets. Construct 10' residential sidewalk pattern for all 56-foot streets. 59. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. SPECIFIC MITIGATION REQUIREMENTS 60. Relinquish direct vehicular access rights to: a. The north property line of lot 68. b. The south property line of lot 91. c. The east property line of lot 1. b. The west property line of lot 109. 61. The intersection of: a. Grantland and Roberts Avenues shall be designed with a full median opening to allow for left turns-in and left turns-out. 62. 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. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 11 63. Irrigation/Canal Requirements: The developer/owner shall enter into an agreement with the Fresno Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the agreement or commitment from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right-of-way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineering plans to Public Works Department, Engineering Division for review and approval. 64. Dedicate and construct the second 12-foot wide eastbound lane on West Bullard Avenue from the easterly limits of this subdivision to the intersection with North Grantland Avenue. Reference FMC Section 11-226(f)(6) and 2025 Fresno General Plan numbers E-1-c, E-1-,j, E-1-n and E-3-e. limits ef this subdivisien. FA.AC- R-A-rat-OA-A 11 226(f)(6) and 2925 FFeGAG Gen Plan nuMbere C 1-r,, li= 1 ,i, C_4_n and C_4_e 66. Construct a 4-foot paved surface for of pedestrian purposes on the south west side of West Bullard Avenues from the easterly limits east to the intersection of North Grantland Avenue Dedicate a pedestrian easement, as necessary, for the construction of the 4-foot paved walk. 67. Pursuant to the approved TIS Study, this project shall pay its fair share of .47% of total construction cost for the improvements needed on Shaw at Parkway Avenue based as follows: a. Install left turn phasing, actuation, and signal pre-emption to the northbound and southbound approaches at the intersection to the City o Fresno Standards complete. b. Widen Shaw Avenue from two (2) lanes to six (6) lanes. c. The cost is estimated to be $350,000. Based on this proiect's fair share cost is ($350.000 X.0047) $1.645. Should the developer not agree with said construction cost then they should prepare an engineers estimate for Public Works review and approval. 68. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit with the above mentioned mitigation measure(s). Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 12 lanes PeF Wn-rks Department, Traffir, Dhdronn letter dated FmebFuaFy 9, 2005. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. North Grantland Avenue: Arterial 70. Dedicate and construct two (2) 17-foot center section travel lanes and a raised concrete median island within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate additional grading or transitions as necessary based on a 55-MPH design speed. 71. Dedicate and construct two (2) 17-foot center lanes separated by a 16-foot median. Construct a raised concrete median with a 250-foot left turn pocket for the northbound traffic at West Bullard Avenue. 72. Construct a raised concrete median with a 250-foot left turn at all major intersections. 73. Dedicate and construct additional paving on the west side of North Grantland and West Bullard Avenues to accommodate u-turns from the north to south bound traffic. See Exhibit "C". West Bullard Avenue: Collector 74. Dedicate and construct two (2) 17-foot center section travel lanes within the westerly limits of this subdivision east to the intersection of West Bullard and North Bryan Avenues. An additional 6-foot of paving shall be required adjacent to the 250-foot left turn lanes at the intersection with North Grantland Avenue. Dedication shall be sufficient to accommodate additional paving and other grading or transitions as necessary based on a 45-MPH design speed. 75. Install a single pole with a 150-watt safety light to Public Works Standards at the southeast corner of West Bullard and North Grantland Avenues. 76. Design and construct a Major Street Bridge (full span) at the intersection of West Bullard Avenue and the Epstein No. 48 (between North Grantland and North Bryan Avenues). North Bryan Avenue: Collector 77. Dedicate and construct two (2) UGM center section travel lanes from West Bullard Avenue south to the intersection with Veteran's Boulevard. Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 13 78. Install two signal poles with 200-watt safety lights to Public Works Standards at the northwest and northeast corner of North Bryan Avenue and Veteran's Boulevard. 79. Construct a 250-foot long by 4-foot wide concrete median island with Veteran's Boulevard. See Exhibit "B". West Barstow Avenue: Collector 80. Dedicate and construct two (2) 17-foot center section travel lanes from the intersection with Veteran's Boulevard, east to the existing West Barstow Avenue. See Exhibit "B". An additional six-foot of right-of-way and paving is required on both sides adjacent to the 250-foot left turn pocket east of Veteran's Boulevard. 81. Construct a 250-foot long by 4-foot wide concrete median island with Veteran's Boulevard. See Exhibit"B". Veteran's Boulevard: Super Arterial 82. Dedicate and construct two (2) 17-foot center section travel lanes from the intersection of North Bryan and West Barstow Avenues south to the existing Barstow Alignment. See Exhibit B. An additional six-foot of right-of-way and paving is required to the adjacent left turn pocket. STREET NAMES 83. Change the following street names to reflect their proper spelling: a. North "A"Avenue to North Annapolis Avenue. b. North "B"Avenue (between West Bullard and West Morris Avenues)to North Annapolis Avenue. c. North "B"Avenue (between West Morris and West Oswego Avenues)to North Phoenix Avenue. d. North "C"Avenue to 'New Name'. e. North "D"Avenue to'New Name'. SANITARY SEWER SERVICE The nearest sanitary sewer main to the project is a 60-inch trunk main located in North Grantland Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 14 84. Extension of a 10-inch sewer main in West Bullard Avenue from North Grantland Avenue west across the project frontage. 85. Sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 86. Separate sewer house branches shall be provided for each lot created. 87. A Preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities approval prior to submitting engineering improvement plans for City approvals. 88. Public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications and policies. 89. Abandon all existing on-site private sanitary sewer systems. 90. Engineering improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees 91. The following Sewer Connection Charges are due and shall be paid for this Project: a. Sewer Lateral Charge b. Oversize Sewer Area: #19 c. Trunk Sewer Charge: Grantland d. Wastewater Facilities Charge (Residential Only) WATER SERVICE The nearest City of Fresno water main to the project is a 14-inch main located in North Bryan Avenue. The following water improvements shall be required prior to providing City water service to the project: 92. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Gettysburg Avenue from North Bryan Avenue west across the project frontage. 93. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in North Grantland Avenue between West Bullard and West Barstow Avenues. Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 15 94. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Barstow Avenue from North Bryan Avenue west to North Grantland Avenue. The developer may propose and construct an alternate water main connection as a substitute to this requirement if acceptable to the Department of Public Utilities. 95. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot. 96. Separate water services with meter boxes shall be provided to each lot created. 97. Installation(s) of public fire hydrants(s)are required in accordance with City Standards. 98. 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. 99. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 100. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno Standards. 101. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. Water Fees 102. The following Water Charges are due and shall be paid for this Project: a. Wet-tie(s) and meter(s) installations to be performed by the City Water Division. b. Frontage Charge c. Transmission Grid Main Charge d. Transmission Grid Main Bond Dept Service Charge e. Service Area: #201 s Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 16 Urban Growth Management Requirements 103. This tentative tract map is in UGM zone and will be required to pay all applicable UGM fees for UGM Water Supply Area #201s. SOLID WASTE SERVICE Vesting Tentative Tract Map No. T-5338/UGM will be serviced as Single Family Residential properties with Basic Container Service. The following conditions and requirements are placed on this tentative map as a condition of approval by the Department of Public Utilities. 104. 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 shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 105. Per FMC 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. 106. 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 107. The following cul-de-sacs shall be clear of all vehicles by 6:00a.m. on the collection day. a. West Moms Avenue - Lots 2, 3, 4, 5 and 6. b. West Celeste Avenue - Lots 15, 16, 17, 18 and 19. c. West Oswego Avenue - Lots 28, 29, 30, 31 and 32. d. North (new street name)Avenue - Lots 91, 92, 93 and 94. e. North (new street name)Avenue- Lots 115, 116, 117 and 118. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 108. 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. 109. 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. Conditions of Approval -AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 17 RIGHT-OF-WAY ACQUISITION 110. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10-feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 111. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 112. 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 November 1, 2004. 113. 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 Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 18 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 114. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated October 5, 2004 for Vesting Tentative Tract Map No. T-5338/UGM. DEVELOPMENT FEES AND CHARGES 115. Vesting Tentative Map No. T-5338/UGM is subject to the following fees: 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) d. Trunk Sewer Charge * $419/living unit Service Area: Grantland e. Wastewater Facilities Charge .4 $2,119/living unit WATER CONNECTION CHARGES FEE RATE f. 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. g. Frontage Charge ► $6.50/lineal foot h. Transmission Grid Main Charge ► $643/gross acre (parcels 5 gross acres or more) i. Transmission Grid Main Bond Debt lo- Service Service Charge $243/gross acre (parcels 5 gross acres or more) j. UGM Water Supply Fee $407/living unit Service Area: 201s Conditions of Approval-AMENDED Rezone Application No. R-04-65 Tentative Tract Map 5338/UGM February 16, 2005 Page 19 DEVELOPMENT IMPACT FEE FEE RATE k. Traffic Signal Charge ► $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE I. UGM Fire Station Capital Fee ► $807/gross acre Service Area: 17 m. UGM Park Fee ► $1783/gross acre Service Area: 4 n. Major Street Charge.Do- $3531/adj. acre Service Area: E-4 o. Major Street Bridge Charge ► $196/adj. acre Service Area: E-4 Notes: t Due at time of development ► Deferrable through Fee Deferral Covenant. * Due at time of subdivision. FRESNO METROPOLITIAN FLOOD CONTROL DISTRICT FEE RATE a. FMCD Development Fees -Tract No. T-5338/UGM $222,479 116. The single family dwelling unit to be constructed on Lot 93 shall be a single-story single family dwelling unit. cc: Letters from: Public Works Department, Community Facilities District No. 11 (9-28-04) Public Works Department, Street Trees (10-14-04) Fresno Fire Department(9-20-04) Public Works Department,Transportation Planning (10-11-04, 10-13-04&2-9-05) Street Name Review (10-6-04) Department of Public Utilities, Planning and Engineering (10-15-04) Solid Waste Division (10-13-04) Fresno Metropolitan Flood Control District(11-01-04) San Joaquin Valley Air Pollution Control District(10-5-04) Fresno Irrigation District(9-23-04) KAMaster Files-R-04-65rr-5338/COA-AMENDED.doc Sari Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control'at Construction Sites Regulation Vill, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that generate fugitive dust. .Fugitive dust is emitted'to the air from open ground or caused by activities such as excavation;transporting bulk materials, or travel on unpaved surfaces. "PM10" is a term applied to small sized particulate matter- microscopic . dust particles - in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant-amendments to Regulation VIII were adopted, in 2001 and became effective May 15, 2002. The following dustcontrol and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on.traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE opacity.of 20% means the:arriount of dust that would obstruct the view of an-object by 20%. Soil stabilization. Soil stabilization is required, at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain. a stabilized surface. Information regarding stabilization standards and test methods are in Rule 8011 — General Requirements. Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and Trackout 'Carryout and trackout are materials.adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto'a paved.road.. The recommended clean- up methods include manually sweeping, sufficiently wetting the area prior to mechanical sweeping to.limit VDE or using a PM10=efficient street sweeper. .A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 'M' Streef,Suite 275 Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2370 (209) 557-6400 ♦ FAX(209) 557-6475 (559) 230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX (661) 326-6965 Mr. Chamberlain October 5, 2004 T-5338, R-04-65 Page 5 pedestrian and bike use. Planning to encourage this infrastructure will reduce 'trips' generated by this and similar projects as well as build a sense of community. • Crosswalks should be strategically located and clearly marked to facilitate pedestrian and bicycle traffic. Crosswalks that pass through median strips should be designed to be pedestrian friendly and include (but not limited to); a shade structure, a sitting area, landscaping, and be designed so that pedestrians feel safe if caught on the median before completely crossing the road. 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 me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at(559)230-5820 and provide the reference number at the top of this letter. Sincerely, �,� O, Jvv Renee DeVere Air Quality Specialist Central Region Enclosure c: file Mr. Chamberlain October 5, 2004 T-5338, R-04-65 Page 4 - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s)to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See htti)://www.advancedbuildings.or-q - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - 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 More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenerqvcenter.org/i dex.htmI http://www.ciwmb.ca.gov/GreenBuilding/ • Project design should use models put forward by the Local Government Commission (LGC) in the "Smart Growth Guidebook," such as; street block patterns that form an interconnected grid, short block faces, numerous alleys and narrow streets. The LGC website http://www.igc.org contains valuable information and resources on subjects from street design to energy efficiency. • 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. • Neighborhood parks, gardens and food garden areas should be created to encourage residents to travel less for recreation. • For new or expanded residential developments, planning and should be made to accommodate appropriate infrastructure of residential areas including but not limited to: local grocery stores, gas stations, parks/gardens/recreation areas and transit structures including bus turnouts, seating and shade for public transit and school busses, and pathways for Mr. Chamberiain October 5, 2004 T-5338, R-04-65 Page 3 http://www.lgc.org/bookstore/energv/downloads/siv tree quidelin es.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. Specifically: Bus turnout(s) should be planned near the entrance(s) of the development for school bus loading to accommodate school-age children. • 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. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. 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. Pedestrian walkways should be created to connect all buildings throughout the project. The walkways should create a safe and inviting walking environment for people wishing to walk from one building to another. Walkways should be installed to direct pedestrians from the street sidewalk to the building(s). Safe and convenient pathways should be provided for pedestrian movement in large parking lots. 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. Pathways through the project should be built in anticipation of future growth. Specifically: The proposed development should be made into a more 'walkable' community through the addition of mid-block connecting pathways throughout the project area. The entire project area should be analyzed for potential mid-block accesses. • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or Low-E) High-albedo (reflecting)roofing material. See http://eetd.lbl.gov/coolroof/ Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHouston/ , http://eande.lbl.gov/heatisland/ Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmi Energy efficient lighting, appliances, heating and cooling systems.- See http://www.energystar.gov/ Install solar water-heating system(s) Install photovoltaic cells Install geothermal heat pump system(s) Programmable thermostat(s)for all heating and cooling systems Mr. Chamberlain October 5, 2004 T-5338, R-04-65 Page 2 written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). Rule 4103 (Open Burning) 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. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the-manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 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. More information about Rule 4901 can be found at our website-www.valleyair.orq. For compliance assistance, please contact Mr.Wayne Clarke,Air Quality Compliance Manager, at 230-5968. When the project reaches the design phase, the District recommends that the applicant install design features which serve to reduce vehicle trips and increase activities such as walking, bicycling, transit use, and energy conservation, all of which help to reduce emissions. The District's Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) describes these features. The current GAMAQI can be found at http://www.vallevair.org/transportation/cepa guidance documents.htm. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City/County development standards. Any measure.selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see httt)://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.or-q For Urban Forestry see http://www.coolcommunities.org htti):Hwcufre.ucdavis.edu San Joaquin Valley Air Pollution Control District 69A R E CC_7S�W, E�DD October 5, 2004 0 C T 8 2504 Reference#043DEV2004 Shelby Chamberlain :,L �;- Planning Development Department 2600 Fresno.Street Fresno, CA 93721-3604 Subject: T-5338, R-04-65 (7069 and 7105 W. Bullard and 5653 N. Grantland Ave.) Dear Mr. Chamberlain: 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 Air Basin (SJVAB) 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: In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Pules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current. District rules can be found at htti)://www.valleyair.org/rules/1 ruleslist.htm. Regulation Vill (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. Please be advised that on August 19, 2004 and September 16, 2004, the District's Governing Board approved amendments to Regulation VIII, Rules 8011-8061 and 8071-8081 respectively, that become effective on October 1, 2004. Amendments include changes to Rule 8021, (see section 6.3.1): the Dust Control Plan threshold has changed from 40.0 acres to 10.0 or more acres for residential sites. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The proposed development of Tract 5338 is located in an area that has historically provided a passage for major storm water flows from the areas east of Grantland Avenue across the proposed site toward Garfield Avenue. The grading of the proposed site shall be designed such that there are not adverse impacts to the passage of said major storm -water from Grantland Avenue toward Garfield Avenue. The District recommends Tract 5338 provide a stub street to the west or another safe means to control and convey major storm water for drainage from the east. The Developer shall provide a conveyance method for review and approval such that the major storm flow can be safely conveyed toward Garfield Avenue without damage to proposed and future structures within the adjacent property. No surface run-off shall be directed towards the District basin. The Developer is required to provide storage in Basin "EM" by excavating a minimum of 12,000 cubic yards as directed by the District in an excavation permit obtained from the District. The District reserves the right to delete this work prior to the Developer initiating work. A minimum fifteen-foot(15')storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. Development No. Tract 5338 engr\permits\exhibiMtract1533 80m) BULLARD AVE. V. � I M" 1 [/ ;• N yy W 1' •i� t 4' II N ku ` I r .." ' K ti`3•, ky,: W \ 4. ��.~ 4i�✓ � r e,' t's l ,zlrw 42' ,Q xil } J RN Y n '{r9i r a i OgN4 r4' roi � m a �n a nom.,, to i,4 Wrk;4 Rni �s + ..y z a' �'�t& °s a' '�t�CC �3"�yz •�wwr�• dt�, e � I--• i2p£�iv* Q Qz V SCALE 1"=300' BASIN "EM" LEGEND Master Plan Facilities To Be Constructed 12,000 c.y.Minimum Required To Be By Developer.-Pipeline(Size Shown), 0 Excavated To Provide Storage Inlet&Outfall. Master Plan Facilities To Be Constructed EI--' Future Master Plan Facilities By Developer,Or Optionally Tract 5247. —————— Inlet Boundary -Pipeline(Size Shown),Inlet&Outfall. ••• Drainage Boundary Master Plan Facilities To Be Constructed By Developer, Also Required Of Tract 5247. Direction Of Drainage �_.._ To Be Constructed By Tract 5247. -Pipeline(Size Shown)&Inlet. 15"Mowstrip To Be Constructed TRACT 5338 EXHIBIT N0. 1 DRAINAGE AREA:low "EM" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT MAVM ar: w DATE tanaa FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control 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, w 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. 5338 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager McCAFFREY GROUP,INC. Planning & Development Department 1175 W. SHAW AVE. City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5338 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " EM - DRAINAGE AREA EM $222,479.00 DATE 1 J 11 044 DRAINAGE AREA - " - -� TOTAL FEE $222,479.00 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 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. 5338 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document Special Conditions: The following cul-de-sacs shall be clear of all vehicles by 6:00 a.m. on the collection day. West Morris Avenue - Lots 2, 3, 4, 5 and 6 West Celeste Avenue- Lots 15, 16, 17, 18 and 19 West Oswego Avenue -Lots 28, 29, 30, 31 and 32 North(new street name) Avenue - Lots 91, 92, 93 and 94 North(new street name) Avenue- Lots 115, 116, 117 and 118 JAConditions of Approval_TT5338.wpd City of Cinew-in- Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov October 13, 2004 TO: Shelby Chamberlain, 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 5338, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5338, which was submitted by Gary G. Giannetta on behalf of CIAO Properties, LLC. 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 5338 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day,before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area Charge: # 19 3. Trunk Sewer Charge: Grantland 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest City of Fresno water main to the project is a 14-inch main located in North Bryan Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Bullard Avenue from North Bryan Avenue west across the project frontage. 2. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in North Grantland Avenue between West Bullard and West Barstow Avenues. 3. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Barstow Avenue from North Bryan Avenue west to North Grantland Avenue. The developer may propose and construct an alternate water main connection as a substitute to this requirement if acceptable to the Department of Public Utilities. 4. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 5. Separate water services with meter boxes shall be provided to each lot created. 6. Installation(s) of public fire hydrant(s) are required in accordance with City Standards. 7. 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. 8. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 9. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water. Resources and City of Fresno standards. 10. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-ties, water service(s), and meter(s)installations to be performed by the City Water Division 2. Frontage Charge 3. Transmission Grid Main Charge 4. Transmission Grid Main Bond Dept Service Charge 5. Service Area: #201s 6. UGM Water Supply Area: #201s City of lelmen DEPARTMENT OF PUBLIC UTILITIES Date: October 15, 2004 To: SHELBY CHAMBERLAIN, Planner III Planning and Development Department,Advance Planning From: DOUG HECKER, Supervising Engineering Technician IDA- Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5338/UGM and R-04-65 General The subject site (approximately 44.8 acres) is located on the west side of North Grantland Avenue between West Bullard and West Barstow Avenues. The subject vesting tentative tract map proposes to create a 123-lot single-family residential subdivision to be rezoned from R-R(county) to R-1/UGM. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Reyuirements The nearest sanitary sewer main to the project is a 60-inch trunk main located in North Grantland Avenue. The following sewer improvements shall be required prior.to providing City sewer service to the project: 1. Extension of a 10-inch sewer main in West Bullard Avenue from North Grantland Avenue west across the project frontage. 2. Sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. A Preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Abandon all existing on-site private sanitary sewer systems. 7. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area Charge: # 19 3. Trunk Sewer Charge: Grantland 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest City of Fresno water main to the project is a 14-inch main located in North Bryan Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Bullard Avenue from North Bryan Avenue west across the project frontage. 2. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in North Grantland Avenue between West Bullard and West Barstow Avenues. 3. Extension of a 14-inch transmission grid water main (including installation of City fire hydrants) in West Barstow Avenue from North Bryan Avenue west to North Grantland Avenue. The developer may propose and construct an alternate water main connection as a substitute to this requirement if acceptable to the Department of Public Utilities. 4. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 5. Separate water services with meter boxes shall be provided to each lot created. 6. Installation(s) of public fire hydrant(s) are required in accordance with City Standards. 7. 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. S. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. ,9. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 10. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-ties, water service(s), and meter(s) installations to be performed by the City Water Division 2. Frontage Charge 3. Transmission Grid Main Charge 4. Transmission Grid Main Bond Dept Service Charge 5. Service Area: #201s 6. UGM Water Supply Area: #201s City of ff DEPARTMENT OF PUBLIC UTILITIES Date: October 15, 2004 To: SHELBY CHAMBERLAIN, Planner M Planning and Development Department, Advance Planning From: DOUG HECKER, Supervising Engineering Technician D• ' Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5338/UGM and R-04-65 General The subject site (approximately 44.8 acres) is located on the west side of North Grantland Avenue between West Bullard and West Barstow Avenues. The subject vesting tentative tract map proposes to create a 123-lot single-family residential subdivision to be rezoned from R-R (county) to R-l/UGM. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer main to the project is a 60-inch trunk main located in North Grantland Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Extension of a 10-inch sewer main in West Bullard Avenue from North Grantland Avenue west across the project frontage. 2. Sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. A Preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Abandon all existing on-site private sanitary sewer systems. 7. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Street Name Review TM-5338 10-6-04 Street Name Status Required Change West Bullard Avenue Good West Morris Avenue Good West Celeste Avenue Good West Oswego Avenue Good West Browning Avenue Good West Dovewood Lane Good North "A"Avenue Chane North Annapolis Avenue North "B"Avenue(between Bullard and Moms) Chane North Anna offs Avenue North "B"Avenue(between Moms and Oswego) Chane North Phoenix Avenue North "C"Avenue Chane 'New Name' North "D"Avenue Chane 'New Name' North Grantland Avenue Good Fresno City of City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm.4064 David Healey,Director Fresno,CA 93721-3623 www.fresno.aov February 9, 2005 TPG Consulting, Inc. 470 E. Herndon Ave, Ste 110 Fresno, CA 93720 Attn: Jill Gormley SUBJECT: TRAFFIC IMPACT STUDY(TIS)ACCEPTANCE FOR THE PROPOSED SUBDIVISION T5338; LOCATED AT THE SOUTHWEST CORNER OF GRANTAND AND BULLARD AVENUE This project located on the southwest corner of Grantland and Bullard Avenue proposes to construct 123 single family residential units. Based on the ITE Trip Generation manual it is estimated that this project will generate 92 am and 125 pm peak hour trips. All projects that are projected to generate 100 or more peak hour trips shall prepare a TIS as identified in the 2025 Fresno General Plan, Mitigation Measure B-4, b. As a mitigation measure, this project shall pay its fair share of.47% of total construction cost for the improvements needed on Shaw at Parkway Avenue.based as follows: • Install left turn phasing, actuation, and signal pre-emption to the northbound and southbound approaches at the intersection to the City o Fresno Standards complete. • Widen Shaw Avenue from two (2) lanes to six(6) lanes Said mitigation measures is not fee creditable, the developer shall submit an Engineer's Estimate for the mitigation measures above, to Traffic Engineering for review and approval. Said cost will be used to determine the fair share impact. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s)as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit with the above mentioned mitigation measure(s). Based on the conclusions and recommendations presented by TPG Consulting, Inc for this proposed project, the traffic impact study dated December, 2004 is generally accepted by the City of Fresno. If you have any question, please do not hesitate on contacting David Padilla at(559)621-8798 or by email: david.Padilla6dJresno.gov Sincerely, Jose Luis Benavides, P.E.,Traffic Engineering Manager Public Works Department, Engineering Services C: Traffic Planning Reading File Louise Monroe, Supervising Engineering Technician,City of Fresno -1- K:\Master Files-2004\'REZONE\R-04-065-T-5338-SWC Grantland&Barstow-SAC\T5338-TIS Acceptance 5 1 II �1 I RAW(3 � al S�TI`� C� � . t PHONE(559)233-7181 r FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA-93725-2218 Your Most Valuable Resource-Water Lf-�L�✓ ��D September 23, 2004 �= SEP Z 7 2 1004 Ms. Shelby Chamberlain Planning Division City of Fresno `1eVz1npment Department Planning and Development Dept. Grn'GF Fi?FSN0 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: VTTM No. 5338, RA No. R-04-65 —Austin Ditch No. 529 (PVT) Dear Ms. Chamberlain: FID's comments and requests are as follows: 1. FID does not own, operate, or maintain any facilities located on the applicant's property. Any easement and canal/pipeline shown are privately owned. 2. A private canal/pipeline known as the Austin Ditch No. 529 traverses the subject property as shown on the enclosed map. This canal is an active canal and will need to remain in service. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bohnson(a�fresnoirri�ation.com. Sincerely, FRESNO IRRIGATI N DISTRICT Bret Johnson Engineering Technician I Agencies\City\VT-rM5338 R-04-65 OFPrr1Cft.A Orr -M ' 1 r 9 y - DOOR�A� 101 TR t� PHONE(559)233-7161 •a. r FAX(559)233-8227 ='--r- 2907 SOUTH MAPLE AVENUE FRESNO,CALIFOfaN{A;99725-2218 Your Most Valuable Resource-Water Uu��rE:G' September 23, 2004 SEP 2 7 2004 Ms. Shelby Chamberlain Planning Division City of Fresno vevel0Prlent DePartment Planning and Development Dept. C11Y OF FI7hESrdo 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: VTTM No. 5338, RA No. R-04-65 —Austin Ditch No. 529 (PVT) Dear Ms. Chamberlain: FID's comments and requests are as follows: 1. FID does not own, operate, or maintain any facilities located on the applicant's property. Any easement and canal/pipeline shown are privately owned. 2. A private canal/pipeline known as the Austin Ditch No. 529 traverses the subject property as shown on the enclosed map. This canal is an active canal and will need to remain in service. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson(adfresnoirrilzation.com. Sincerely, FRESNO IRRIGATI N DISTRICT Bret Johnson Engineering Technician I Agencies\City\VTTM5338 R-04-65