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Home My WebLink AboutT-5340 - Conditions of Approval - 11/7/2005 City o1 Ilrlln1-r--_WSWIP0.0 Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 April 27, 2005 Please reply to: Eery FILE VU Arnoldo Rodriguez (559) 621-8633 R.W. Greenwood & Associates, Inc. Attn: Ronald Greenwood 2558 E. Olive Avenue Fresno, CA 93701 SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING REZONE APPLICATION NO. R-04-35 AND VESTING TENTATIVE TRACT MAP NO. 5340/UGM FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH MAPLE AND EAST POWERS AVENUES The Fresno City Council conducted a duly noticed public hearing on April 12, 2005, to consider Rezone Application No. R-04-35. This application relates to the proposed development of an approximately 4.94 acre single family residential subdivision. Following a full and complete hearing, the Council adopted Ordinance No. 2005-32, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2005-32(enclosed)that rezones the 4.94 acre subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management)zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on February 2, 2005 to consider Vesting Tentative Tract Map No. 5340/UGM (Planning Commission Resolution No. 12152) and Rezone Application No. R-04-35 (Planning Commission Resolution No. 12153). The Commission approved the tentative tract map application and recommended that the Council approve the rezone application. The tentative tract map application was final at the Planning Commission and, therefore, no Council review was necessary. Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill, the rezoning ordinance shall become effective and infull force at 12:01 a.m., thirty-one days after its passage. The Planning Commission also approved Vesting Tentative Tract Map No. 5340/UGM subject to the enclosed "Conditions of Approval for Vesting Tentative Tract No. 5340/UGM"dated February 2., 2005. Rezone Application No. R-04-35 Vesting Tentative Tract Map No. 5340/UGM April 27, 2005 Page 2 Please record this information for your future use. You will receive no further notice regarding these applications. Should you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION Arnoldo Rodriguez Planner III K:\MASTER FILES-2004\'REZONE\R-04-035,T-5340--MAPLEPOWERS-AR\R-04-35.FINAL ACTION LETTER 4-27-05.DOC Enclosures: Ordinance Bill No. 2005-32 Report to the City Council Report dated April 12, 2005 (which includes the Planning Commission Resolutions) Report to the Planning Commission dated February 2, 2005, which contains Conditions of Approval for Tentative Tract Map No. 5340/UGM dated February 2, 2005 c: Mr. & Mrs. Poplin, 8671 North Maple Ave., Fresno, CA 93720 Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY n„n�a., _ SECONDED BY Wacrari„n� BILL NO. B-30 ORDINANCE NO. 2005-32 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS,. Rezone Application No. R-04-35 has been filed with the City of Fresno by R.W. Greenwood Associates,.Inc. on behalf of property owner Ed Poplin to rezone property as described hereinbelow; and, WHEREAS, the Northeast Area Plan and Implementation Committee considered this application at its meeting of July 26, 2004, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 2"d day of February, 2005, to consider Rezone Application No. R-04-35 and related Environmental Assessment No. R-04-35iT-5340, during which the Commission considered the environmental assessment and recommended to.the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the AE-20/UGM(Exclusive Twenty Acre. Agricultural District/Urban Growth Management)zone district to the R-1/UGM(Single Family Residential District/Urban Growth Management)zone district; and, Pad l2 G1:5 Ordinance Amending Ofi ,al Zone Map Rezone Application No. R-04-35 ---- _. Page 2 WHEREAS, the Council of the City of Fresno, on the 12th day of April, 2005, received the recommendation of the Planning Commission. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent, judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated December 15, 2005, prepared for Environmental Assessment No. R-04-35/T-5340. Accordingly, Environmental Assessment No. R-04-35/T5340 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the medium-low density residential planned land use designation of the 2025 Fresno General Plan and the Woodward Park Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district zone district to the R-1/UGM(Single Family Residential District/Urban Growth Management)zone district. From AE-20/UGM to R-1/UGM: Parcel 1 of Parcel Map No. 2386, according to the map recorded in Book 21, Page 34 of parcel maps, Fresno County Records. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage: CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 12th _ day of Apri l , 2005, by the following vote: ..Ayes: Boyajian, Calhoun, Du-ncan, -Perea, Sterling, Westerlund, Dages Noes: None Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTU MONTOY City Atto ey By City Rezone Application No. R-04-35 Filed by.R.W. Greenwood Associates, Inc. on behalf of Ed Poplin Assessor's Parcel No. 403-022-05 K:IMASTER FILES-2004CREZONEIR-04-035.T-5340-AR\R-04-35 CC ORDINANCE BILL 4-5-05.DOC City of REPORT l v THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING April 12, 2005 FILECOPT APPROVED BY r.FROM: NICK P. YOVINO, Directo Planning and Development Department DEPARTMENT DIREc BY: GILBERT J. HARD, Planning Man er cITYMANAGER Planning Division SUBJECT: CONSIDERATION OF REZ APPLICATION NO. R-04-35 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-35(T-5340 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental. finding for Environmental Assessment No. R-04-35/T-5340, dated December 15, 2004, that the project proposal conforms to the provisions_of the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130). 2. APPROVE Rezone Application No. R-04-35 to rezone the subject property from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district. EXECUTIVE SUMMARY i Rezone Application No. R-04-35 proposes to reclassify approximately 4.94 acres from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district. The site is located on the northwest corner of North Maple and East Powers Avenues, just north of East Teague Avenue. The application would bring the subject property into conformance with the Woodward Park Community Plan and the 2025 Fresno General Plan, which designate the property for medium-low density residential planned land use. On February 2, 2005, the Fresno . ....City Planning Commission recommended..approval of the rezone application to the City Council. The Planning Commission also took action to approve related Vesting Tentative Tract Map No. 5340/UGM, which proposes a 22-lot single-family residential subdivision. It is noted that the Planning Commission action on the tentative map is final and, therefore, no action is required by the City Council on this application. The requested rezone application is supported by staff and the Northeast Area Plan and Implementation Committee. PROJECT INFORMATION PROJECT Request to rezone the project site from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district, which would facilitate a 22-lot single family residential subdivision to be developed at an overall density of 4.41 units per acre APPLICANT R.W. Greenwood Associates, Inc., on behalf of Ed Poplin LOCATION Northwest corner of North Maple and East Powers Avenues,just north of East Teague Avenue (Council District 6, Councilmember Duncan) p; REPORT TO THE CITY COUNT Rezone Application No. R-04-35 April 12, 2005 Page 2 SITE SIZE 4.94 acres LAND USE Existing - Rural Residential Proposed - Single Family Residential ZONING Existing - AE-20/UGM (Exclusive Twenty Acre Agricultural DistricVUrban Growth Management) Proposed - R-1/UGM (Single Family Residential DistricVUrban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and the 22-lot, single family AND CONSISTENCY residential subdivision are consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan designation of the site for medium-low density residential planned land use (2.19 to 4.98 units per acre) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) issued on December 15, 2004 PLAN COMMITTEE The Northeast Area Plan and Implementation Committee RECOMMENDATION recommended approval of the rezone and subdivision map at its meeting on July 26, 2004 STAFF Approve Rezone Application No. R-04-35 RECOMMENDATION PLANNING COMMISSION On February 2, 2005 the Planning Commission voted to recommend RECOMMENDATION approval of the rezone application by a vote of 6 to 0 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium-Low Density R-11UGM North Residential Single Family Residential District/Urban Single family Residential Growth Management AE-201UGM Medium-Low Density Rural Single Family South Residential Exclusive Twenty Acre Agricultural Residential District/Urban Growth Management Medium-Low Density AE-2 . Rural Single Family East Residential Exclusive Twentyy Acre cre Agricultural Residential District/Urban Growth Management West Medium-Low Density R-1-13. Rural Single Family Residential Single Family Residential District Residential ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-35/T-5340 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General.Plan and is within the scope of Master Environmental Impact Report No. .10130. Therefore, staff has issued a finding that the project proposal is in conformance to REPORT TO THE CITY COUNT Rezone Application No. R-04-35 April 12, 2005 Page 3 the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated December 15, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on December 15, 2004, with no comments received to date. BACKGROUND 1 ANALYSIS The applicant, Ed Poplin, has filed Rezone Application No. R-04-35 and Vesting Tentative Tract Map No. 5340/UGM for 4.94 acres of property located on the northwest corner of North Maple and East Powers Avenue, just north of East Teague Avenue. The rezone application is requesting to reclassify the property from the AE-20/UGM (Exclusive Twenty Acre Agricultural DistricVUrban Growth Management) zone district to the R-1/UGM (Single Family Residential DistricVUrban Growth Management) zone district. The applicant is proposing to subdivide the subject property into.22 single family residential lots. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium-low density residential planned land use designation allows for 2.19 to 4.98 dwelling units per acre. The proposed subdivision density is 4.41 units per acre. Therefore, Vesting Tentative Tract Map No. 5340/UGM is consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan. As depicted on the proposed vesting tentative tract map and the 2002 aerial photograph, the site contains three on-site basins. In a.report by The Twining Laboratories dated June 4, 2004 and in a letter by the United States, Department of the Army, Corps of Engineers dated November 17, 2004, it was determined that the three basins do not contain any endangered species and do not meet the criteria for wetlands preservation. This determination was made given that-the basins were supplied with water from underground wells, which have since been shut off. The basins were originally constructed for livestock watering. Surrounding land uses are characterized by single family residences to the north, while property to the east, south and west is developed with rural residential type uses. However, it should be noted that with the exception of the abutting parcels, the subject property is largely surrounded by single family residences. Northeast Area Plan and Implementation Committee The Northeast Area Plan and Implementation Committee reviewed the rezone application and vesting tentative tract map at its meeting on July 26, 2004, and recommended approval. Fresno City Planning Commission On February 2, 2005, the Fresno City Planning Commission considered Rezone Application No. R-04-35 in conjunction with Vesting Tentative Tract Map No. 5340/UGM. The Commission voted to recommend approval of the rezone application to the City Council by a vote of 6 to 0. Interior Streets and Required Sidewalks The developer will be required to design and construct all street-related improvements as shown on Vesting Tentative Tract Map No. 5340/UGM, dated July 8, 2004. All streets in the subdivision will be developed with interior local streets having a right-of-way width of 60 or 50 feet as permitted with Public Work Standards. Installation of sidewalks will be required on both sides of the streets throughout this subdivision. It should be noted that the developer will also be required to pave the south half of East Powers Avenue, within the limits of the proposed subdivision. REPORT TO THE CITY COUNT Rezone Application No. R-04-35 April 12, 2005 Page 4 Landscaping/Walls Given that the proposed subdivision abuts a collector street, and in accordance with Section 10-1011 of the Fresno Municipal Code, the developer will be required to install 10 feet of landscaping along North Maple Avenue. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback, which will mitigate some of the noise generated by vehicles traveling on the adjacent major street. Lot Dimensions The R-1 zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. Lots in the subdivision will meet or exceed the minimum lot size requirement. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Circulation Map, North Maple Avenue is defined as a _ collector street. The _Public .Works .Department. Traffic Division-.has reviewed the- proposed: development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several. improvements. These improvements include dedicating and constructing transition paving within the limits of the tract; installing curb, gutter, sidewalk; construction of an underground street lighting system;`and relinquishment of access rights to North Maple Avenue for all residential lots adjacent to this street frontage. When the City of Fresno Master Environmental Impact Report (MSIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects that would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, no special traffic study is required because the potential traffic impacts of this plan-consistent development are deemed to have been adequately analyzed and mitigated within the scope of MEIR No. 10130 and standard city requirements. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will. be:required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated July 14, 2004, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system, but that the project, when combined with other residential projects recently approved, will be cumulatively significant. Staff considered Caltrans' letter in preparing their initial study and determined that this project does not create impacts, including cumulative impacts, that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Appendix 2 of the MEIR shows that North Maple Avenue, between East Shepherd to East Teague Avenues is expected to maintain a Level of Service C with partial or full implementation of the MEIR mitigation measures. Therefore, additional analysis of this project, which generates vehicle trips below that requiring a specific traffic impact study, is not warranted. REPORT TO THE CITY COUNT:'; Rezone Application No. R-04-35 April 12, 2005 Page 5 Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study for the greater Fresno-Clovis-Madera Metropolitan area. This study may provide the nexus/rough proportionality study necessary for determining a developer's proportionate responsibility for capital improvements to the state highway system. In addition to a proportionate share study, a mechanism would be needed for the City to collect monies and either hold these monies or hand those monies to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for the FMFCD and/or entering into a Joint Powers Authority or a Memorandum of Understanding. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Woodward=Park.Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-04-35 is appropriate for the project site. 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FAX (559)488-4088 Be ener,);efficient! 71Y (559)488-4066 Lip July 14, 2004 J U L 16 2004 Ranning Division Develnpr ert Department 213 1-IGR/CEQA 6-FR-E-41-31.6+/- R-04-35, T-5340 POPLIN City of Fresno Development Department .2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Ms. Chamberlain: We have reviewed the rezone and tentative tract map, for the proposed 22-lot single-.family residential project on property located on the northwest corner of North Maple and East Powers Avenues. Caltrans has the following comments: The proposed project, in and of itself, is not illx.pected to creati; 'significant impacts to the State Highway System: This project is below the 2025 General Plan MEIR threshold that requires projects producing 100 or more peak-hour trips to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). However, when combined with the numerous other residential lDrolerts in the area: ,this project's impacts to the transwrtation/circulation ' system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not. addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. The project is small, but when combined with other projects in the area, there is sufficient residential development to support transit. Early planning could make such an alternative feasible. Caltrans .recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. . Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made apart of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the "Caltrans improves mobility across California" 1 Ms. Shelby Chamberlain July 14, 2004 Page 2 Planning Commission. This will provide the decision-making body and .the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure Ms Barbara. Goodwin, Council of Fresno County Govenumen:s "Caltrans improves mobility across California" j ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following:. 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park=and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of pIoject approval a covered transit stop as mitigation far proj.e,ct-relatea impacts to the transportation/circulation system. 6. Exploring the potential. for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation: CITY OF FRES i - ENVIRONMENTAL ASSESSM : T/ INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 10130 RRFF ��- 1\1�H Pursuant to Section 21157.1 of the California Public Resources Code DATE RECEIFORLING: (California Environmental Quality Act) the project described below is �, �„ ,. determined to be within the scope of the Master Environmental Impact ? ` -` j f i' H : 05 Report (MSIR) No. 10130 prepared for the 2025 Fresno General Plan. I T Y CLERK. FRESi^ Initial Study is on file in the Planning and Development Department City Hall, 2600 Fresno Street, Fresno, California 93721 559 621-8277 Applicant: Ed Poplin Initial Study Prepared By: 8671 North Maple Avenue Arnoldo Rodriguez, Planner III Fresno, CA 93720 December 15, 2004 Environmental Assessment.Number: Project Location (including APN): Rezone Application No. R-04-35 & Northwest corner of North Maple and East Powers Avenues, Vesting Tentative Tract No. 5340 just north of East Teague Avenue. APN: 403-022-05 Project Description: Rezone Application No. R-04-35 proposes to reclassify approximately 4.94 acres of property located on the northwest corner of North Maple and East Powers Avenues, just north of East Teague Avenue, from the AE- 20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5340/UGM is requesting to subdivide the 4.94 acre site into a 22-lot single-family residential subdivision. The property is within the jurisdictions of the Woodward Park Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium-lo\nr;density residential planned land use. Pursuant to Table 2 "Planned Land Use and Zone District Consistency Matrix"of the 2025 Fresno General Plan, the R-1/UGM zone district is consistent with the planned land use of medium-low density residential of the Woodward Park Community Plan and the 2025 Fresno General Plan. The subject site is currently developed with a residence and several accessory structures which will be removed/demolished as part of this project. Surrounding land uses are characterized by single family residences to the north, while property to the east, south and west is developed with rural residential type uses. However, it should be noted that with the exception of the abutting parcels, the subject property is largely surrounded by single family residences. Conformance to Master Environmental Impact Report (MSIR NO. 10130): As previously indicated,the recently adopted 2025 Fresno General Plan designates the subject parcel for medium- low density residential planned land use. The requested rezone conforms to this medium-low density residential land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix" as well as the adopted Woodward Park Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested rezone and vesting tentative tract map in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed to be developed with residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus, the rezone and vesting tentative tract map will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and future development, per the requested rezone and'vesting tentative tract map, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These ,'infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to,assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-'. X65 &T-5340 Page 2 December 15, 2004 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR , provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium-low density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject parcels and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). filbert J. aro Date Planning Manager, of Fresno KAMaster Files-Tract Maps\Tract 5340-Amoldo Rodriguez(R-04-35)\T-5340,R-04=35,MEIR-finding of conformitympd Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-35 &T-5340 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. R-04-35 & T-5340 ENV.' )NMENTAL ASSESSMENT (EA) ',. ECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-04-35 & T-5340 1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion . 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off site 1 Ti Substantial indirect source of pollution 1 11.8 Availability of adequate park and recreation areas 1 2.2 Direct on-site pollution generation 1 11.9 Unusually high solid waste generation 1 2.3 Generation of objectionable odors 1 2.4 Generation of dust except during construction 12.0 HAZARDS 1 2.5 Adverse local.climatic changes 1 12.1 Risk of explosion or release of hazardous substances 1 12.2 Site subject to flooding 3.0 WATER1 12.3 Adverse change in course of flow of flood waters 1 3.1 Insufficient ground water available for long-term project _1 12.4 Potential hazards from aircraft accidents use _1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.2 Use of large quantities of groundwater 1 3.3 Wasteful use of ground water 13.0 AESTHETICS 1 3.4 Pollution of surface or ground water supplies 1 13.1 Obstruction to public or scenic vista or view 1 3.5 Reduction in ground water recharge 1 13.2 Creation of aesthetically offensive conditions 1 13.3 Removal of street trees or other valuable vegetation 4.0 PLANT LIFE 1 13.4 Architectural incompatibility with surrounding area 1 4.1 Reduction of the numbers of any unique, rare or endangered species 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.2 Reduction in acreage of agricultural crop 1 14.1 Removal of historic building, disruption of archaeological 1 4.3 Premature or unnecessary conversion of prime site agricultural land 1 14.2 Construction or activity incompatible with adjacent historic site 5_0 ANIMAL LIFE j 1 5.1 Reduction in the numbers of any rare,unique or 15.0 ENERGY endangered species 1 15.1 Use of substantial amounts of energy or fuel 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.2 Substantial increase in demand upon existing sources of energy 1 6.0 HUMAN HEALTH 1 15.3 Wasteful use of energy 7.0 NOISE EXPLANATION OF RATINGS 1 7.1 Increases in existing noise levels 1 7.2 Exposure to high noise levels "0" Insufficient Information Insufficient information is available to determine the potentiaI 8.0 LIGHT AND GLARE environmental effects which may result from the propose 1 8.1 `Production of glare which will adversely affect residential project in this category. areas 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmentE 1 9.0 LAND USE effect in this category, or any such effect is not substantial) 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area characteristics "2" Moderate Environmental Effect The proposed project will have an adverse environment I 10.0 TRANSPORTATION AND.CIRCULATION effect in this category,which is of sufficient magnitude to be 1 10.1 Generation of vehicle traffic sufficient to cause capacity specific concern. However, this effect is not substantial deficiencies on existing street system enough in itself to require the preparation of an Environmental 1 10.2 Cumulative increase in traffic on a major street for which Impact Report, and is mitigable through project changes an capacity deficiencies are projected conditions. 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians 1 10.4 Routing of non-residential traffic through residential area "3" Significant Adverse Environmental Effect 1 10.5 Insufficient or poorly located parking The environmental effect identified in this categorY 1 10.6 Substantial increase in rail and/or air traffic substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect of i the environment sufficient to require the preparation of ari Environmental Impact Report. sr ,' X '� arri��cc. �sv',` ^°; N C sF 1 ] F ti nor $ e u wFit "3t U O mbSait. } .x''� r LO O U W '� z .7 v�r �S. r O w >, 0 .�,a � L a) U - �i $ r4 ,' "P"' -4H„±u+2t; 'r.tr,..j•r 2 t�. 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C C -0 - - - CD O �_ • a) 7 Q m U -- c -c 0 O Q m a) na 0) c c� C� om m �'.2o v - a o o _ F- ~ n " ERZ 0 E m o ¢ M m LD (D T > 3 0 m L a) 0) ��, [t u) m c t F- cC a) _o r M 76 :9 vi 5 a) u 5 C a m a� Co m d m a m O m � _E .2 _ c a Q a) U •c C a - W Uca) E m Qm - a) w >% F- w d � ? �= � a �O ccN CL L Zc QcC,, o c '> Y FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12152 The Fresno City Planning Commission at its regular meeting on February 2, 2005, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No.5340/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 22-lot single family residential subdivision on approximately 4.94 acres of land located on the northwest comer of North Maple and East Powers Avenues,just north of East Teague Avenue; and, WHEREAS,the Northeast Area Plan and Implementation Committee reviewed the application on July 26, 2004, and recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated February 2, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on February 2, 2005, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5340/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated December 15, 2004, prepared for Environmental Assessment No. R-04-35/T-5340. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025.Fresno General Plan and the Woodward Park Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5340/UGM subject to the Planning and Development Department Conditions of Approval dated February 2, 2005. .The foregoing Resolution was adopted by the Fresno City. Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, Cherry, DiBuduo, Vasquez, Brand Noes - None Not Voting - None Absent - None DATED: February 2, 2005 tFreno OVINO, Secretary ty Planning Commission Resolution No. 12152 . Vesting Tentative Tract Map No. 5340/UGM Filed by R.W. Greenwood Associates, Inc. on behalf of Ed Poplin Action: Approve with conditions KAMASTER FILES-TRACT MAPS\TRACT 5340-ARNOLDO RODRIGUEZ(R-0435)\T-5340-PC RESO 12152.DOC 4 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12153 The Fresno City Planning Commission, at its regular meeting on February 2, 2005, adopted the following resolution relating to Rezone Application No. R-04-35. WHEREAS, Rezone Application No. R-04-35 has been filed with the City of Fresno to rezone the property_ as described below: REQUESTED ZONING: R-1/UGM(Single Family Residential District/Urban Growth Management)zone district EXISTING ZONING: AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management)zone district APPLICANT:_ R.W. Greenwood Associates, Inc. on behalf of Ed Poplin LOCATION: Northwest corner of North Maple and East Powers Avenues,just north of East Teague Avenue APN: 403-022-05 LEGAL DESCRIPTION From AE-20/UGM to R-1/UGM: Parcel 1 of Parcel Map No. 2386, according to the map recorded in Book 21, Page 34 of parcel maps, Fresno County Records. WHEREAS,the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed 22-lot single family residential subdivision; and, WHEREAS, the Northeast Area Plan and Implementation Committee reviewed the application on July 26, 2004, and recommended approval; and, WHEREAS, the Fresno City Planning Commission on February 2, 2005, reviewed the subject rezone application in accordance with the policies of the Woodward Park Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the February 2, 2005, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-04-35 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MSIR No. 10130)dated December 15, 2004, prepared for Environmental Assessment No. R-04-35/T-5340. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential District/Urban Growth Management) zone district be approved. Planning Commission Resolution No. 12153 Rezone Application No. R-04-35 February 2, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, Cherry, DiBuduo, Vasquez, Brand Noes - None. Not Voting - None Absent - None DATED: February 2, 2005 NICK YOVINO, Secretary Fresn City Planning Commission Resolution No. 12153 Rezone Application No. R-04-35 Filed by R.W. Greenwood Associates, Inc. on behalf of Ed Poplin Action: Recommend Approval KAMASTER FILES-2004PREZONEIR-04-035,T•5340-AR\R-04-35-PC RESO 12153.DOC c"y01 �w REPORT .J THE PLANNING COMMISSION AGENDA ITEM NO. VIII-c 9-F1116-moi COMMISSION MEETING 2/2/05 Februa 2 2005 FILE COPY February APPROVED BY FROM: STAFF, Planning Division Planning and Development en DEPARTME I ECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-35, VESJING TENTATIVE TRACT MAP NO. 5340/UGM, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-35/T-5340 EXECUTIVE SUMMARY Rezone Application No. R-04-35 proposes to reclassify approximately 4.94 acres from the AE-20%UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth .Management) zone district. Vesting Tentative Tract Map No. 5340/UGM proposes to subdivide the subject property into a 22-lot, single family residential subdivision. The site is located on the northwest corner of North Maple and East Powers Avenues, just north of East Teague Avenue. The applications would bring the subject property into conformance with the Woodward Park Community Plan and the 2025 Fresno General Plan, which designate the property for medium-low density residential planned land use. This map is supported by staff and the Northeast Area Plan and Implementation Committee. PROJECT INFORMATION PROJECT Request to rezone the project site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district, which would facilitate a 22-lot single family residential subdivision to be developed at an overall density of 4.41 units per acre APPLICANT Ed Poplin (Engineer: R.W. Greenwood Associates, Inc.) LOCATION Northwest corner of North Maple and East Powers Avenues,just north of East Teague Avenue (Council District 6, Councilmember Duncan) SITE SIZE 4.94 acres LAND USE Existing Rural Residential Proposed - Single Family Residential ZONING Existing - AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) Proposed - R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and the 22-lot, single family AND CONSISTENCY residential subdivision are consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan designation of the site for medium-low density residential land use (2.19 to 4.98 units per acre) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report(MEIR No. 10130) issued on December 15, 2004 REPORT TO THE PLANNING L AMISSION Rezone Application No. R-04-35 Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 2 PLAN COMMITTEE The Northeast Area Plan and Implementation Committee RECOMMENDATION recommended approval of the rezone and subdivision map at its meeting on July 26, 2004 STAFF Recommend approval of rezone application and approve the vesting RECOMMENDATION tentative tract map subject to compliance with the Conditions of Approval for T-5340/UGM dated February 2, 2005 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium-Low Density R-1/UGM North Residential Single Family Residential/Urban Growth Single Family Residential Management. Medium-Low DensityAE-20/UGM. Rural Single Family South Exclusive Twenty Acre Agricultural/Urban Residential Growth Management Residential AE-20/UGM Medium-Low Density Rural Single Family East Exclusive Twenty Acre Agricultural/Urban Residential Growth Management Residential West Medium-Low Density R-1-13 Rural Single Family Residential Single Family Residential District Residential ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-35/T-5340 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated December 15, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on December 15, 2004, with no comments received to date. BACKGROUND / ANALYSIS The applicant, Ed Poplin, has filed Rezone Application No. R-04-35 and Vesting Tentative Tract Map No. 5340/UGM for 4.94 acres of property located on the northwest corner of North Maple and East Powers Avenue, just north of East Teague Avenue. The rezone application is requesting to reclassify the property from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The applicant is proposing to subdivide the subject property into 22 single family residential lots. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium-low density residential land use designation allows for 2.19 to 4.98 dwelling units per acre. The proposed subdivision density is 4.41 units per acre. Therefore, REPORT TO THE PLANNING COmMISSION Rezone Application No. R-04-35 Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 3 Vesting Tentative Tract Map No. 5340/UGM is consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan. As depicted on the proposed vesting tentative tract map and the 2002 aerial photograph, the site contains three on-site basins. In a report by The Twining Laboratories dated June 4, 2004 and in a letter by the United States, Department of the Army, Corps of Engineers dated November 17, 2004, it was determined that the three basins do not contain any endangered species and do not meet the criteria for wetlands preservation. This determination was made given .that the basins were supplied with water from underground wells, which have since been shut off. The basins were originally constructed for livestock watering. Surrounding land uses are characterized by single family residences to the north, while property to the east, south and west are developed with rural residential type uses. However, it should be -noted that with the exception of the abutting parcels, the subject property is largely surrounded by single family residences. Northeast Area Plan and Implementation Committee The Northeast Area Plan and Implementation Committee reviewed the rezone application and vesting tentative tract map at its meeting on July 26, 2004, and recommended approval. Circulation Element Plan Policies and Major Street System Traffic Capacity . According to the 2025 Fresno General Plan Circulation Map, North Maple Avenue is defined as a collector street. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating and constructing paving within the limits of the tract map; installing curb, gutter, sidewalk; construction of an underground street lighting system; and relinquishment of access rights to North Maple Avenue for all residential lots adjacent to this street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5340/UGM Conditions of Approval dated February 2, 2005. When the City of Fresno Master Environmental Impact Report (MSIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, no special traffic study is required because the potential traffic impacts of this plan-consistent development are deemed to have been adequately analyzed and mitigated within the scope of MEIR No. 10130 and standard city requirements. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. REPORT TO THE PLANNING .,MMISSION ,L Rezone Application No. R-04-35 Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 4 Interior Streets and Required Sidewalks The developer will be required to design and construct all street-related improvements as shown on Vesting Tentative Tract Map No. 5340/UGM, dated July 8, 2004. All streets in the subdivision will be developed with interior local streets having a right-of-way width of 60 or 50 feet as permitted with Public Work Standards. Installation of sidewalks will be required on both sides of the streets throughout this subdivision. It should be noted that the developer will also be required to pave the south half of East Powers Avenue, within the limits of the proposed subdivision. LandscapingMalls Given that the proposed subdivision abuts a collector street, and in accordance with Section 10-1011 of the Fresno Municipal Code, the developer will be required to install 10 feet of landscaping along North Maple Avenue. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback, which will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major street. Lot Dimensions The R-1 zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. Lots in the subdivision will meet or exceed the minimum lot size requirement. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated July 14, 2004, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system. However, Caltrans_ staff contends that when considered with other development in the area, its potential impacts would be cumulatively significant and that these impacts were not addressed in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Appendix 2 of the MEIR shows that North Maple Avenue, between East Shepherd to East Teague Avenues is expected to maintain a Level of Service C with partial or full implementation of the MEIR mitigation measures. Therefore, additional analysis of this project, which generates vehicle trips below that requiring a specific traffic impact study, is not warranted. The City of Fresno and Caltrans representatives have met separately to review citywide impacts on State highway facilities, the legal requirements for determining significant impacts under the California Environmental Quality Act (CEQA), for determining when a nexus exists between a project and highway impacts (i.e., the demonstration of a direct relationship between a project and a potential impact) and approaches for meeting the "proportionality test' for requiring mitigation (i.e., for ensuring that new development projects are assessed a fair share of the cost of mitigating impacts, as has been required by U.S. Supreme Court decisions on land use and as is required under the California Government Code §66000 et seq., the California Mitigation Fee Act enacted through Assembly Bill 1600). Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis- Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater REPORT TO THE PLANNING COmMISSION Rezone Application No. R-04-35 Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 5 metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision,map be denied if any one of 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 Woodward Park Community,Plan designates the site for medium-low density residential land uses and 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. Furthermore, the three basin areas located on the site.have been determined not to be functioning wetlands nor do they contain endangered species as determined by the United States, Department of the Army, Corps of Engineers. 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 becauseof 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. REPORT TO THE PLANNING AMISSION Rezone Application No. R-04-35- Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 6 Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action on the proposed vesting tentative tract map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have.been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this,evaluation, it can be concluded that Rezone Application No. R-04-35 and Vesting Tentative Tract Map No. 5340/UGM are appropriate for the project site. Therefore, staff recommends that the Planning Commission: 1. RECOMMEND. APPROVAL to the City Council of the environmental finding of Environmental Assessment No. R-04-35/T-5340 dated December 15, 2004 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental. Impact Report (MSIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-35 which proposes to rezone the project site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth. Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5340/UGM subject to compliance with the Conditions of Approval dated February 2, 2005. Attachments: Vicinity Map 2002 Aerial Photograph of Site Vesting Tentative Tract Map No. 5340/UGM dated July 8,2004 Conditions of Approval for T-5340/UGM dated February 2, 2005,including letters from Fresno Metropolitan Flood Control District (July 22, 2004), Fresno Irrigation District dated July 19, 2004 and San Joaquin Valley Air Pollution Control District(July 29, 2004) Letter from the California Department of Transportation (Caltrans) dated July 14, 2004 Letter from the United States, Department of the Army, Corps of Engineers dated November 17, 2004 Letter from The Twining Laboratories dated June 4, 2004 Environmental Assessment No. R-04-35/T-5340, Finding of Conformity to 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130) dated December 15, 2004 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FEBRUARY 2,2005 VESTING TENTATIVE TRACT MAP NO. 5340/UGM NORTHWEST CORNER OF NORTH MAPLE AND EAST POWERS AVENUES,JUST NORTH OF EAST TEAGUE AVENUE 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. 5340/UGM entitled "Exhibit A," dated July 8, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related. Rezone Application No. R-04-35. 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. 4. 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 Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 2 5. 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. 6. 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. 7. 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 and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 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. 8. 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 (FMC) 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. 9. 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 10. Pursuant to Section 12-1011-f of the FMC the developer/owner shall provide a 10-foot landscape easement (and irrigation system) along the east property lines of lots- which back-onto or side-onto North Maple Avenue: 11. Provide a 10-foot landscape easement (and irrigation system) along the south property lines of lots which side-onto East Powers Avenue. Any proposed and/or future fences, walls, or any other material used for screening must be located at the rear of the required landscape easement. 12. 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 Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 3 rear of the required 10-foot landscape easement along North Maple Avenue. Construction plans for required walls showing architectural appearance and location of all walls shall be, submitted to the Planning and Development Department for review prior to Final Map approval. 13. 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. 14. 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, at (559) 621-8695 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 Parks Department at the following locations: • Within the.street easements (including median to centerline) and the 10 foot wide landscape easement along the property lines that side or back-onto North Maple and East Powers Avenues. b: All local streets, curbs and gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the map. c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline) within North Maple and East Powers Avenues as approved by the Public Works. Department along the map frontage. d. All street lights as approved by the Public Works Department within the boundary of the map. 15. 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. 16. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 14, 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, Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 4 and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 17. 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. Building Setbacks 18. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit "A" of Vesting Tentative Map Tract No. 5340/UGM dated July 8, 2004, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. ..19. Proposed lots 1, 17, and 21 on Vesting Tentative Tract Map No. 5340/UGM dated July 8, 2004, are reversed corner lots. Provide a side yard (along the local streets), of not less than 15 feet. 20. Proposed lots 16 and 22 on Vesting Tentative Tract Map No. 5340/UGM dated July 8, 2004, are considered key lots. Provide a 10-foot side yard along the northern property lines of these lots. 21. Proposed lots 1, 15, 16, and 22 shall have a 15-foot building setback (measured from the proposed property line) along the southern property. line. The 15-foot building setback may include the required 10-foot landscape easement. Information 22. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 23. Contact the United States Postal Service for the location and type of mailboxes to be installed. in this subdivision. 24. 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. Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 5 25. 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. 26. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 27. 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.Sheriffs Department). If remains or other archaeological material is. possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 28. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 29. If animal fossils are uncovered, the Museum of Paleontology at the University of California, 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. 30. 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 Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 6 c. Written consent of the owner(s) of eachsuch lot, parcel, or interest to the requested apportionment. d. 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. 31. 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. 32. 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(see below-noted conditions). PARK SERVICE 33. Contact Nancy Morrison from the Public Works Department at(559) 621-8690 for street tree requirements. 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 Section 12-4.509-C-3 of the FMC. FIRE SERVICE 35. This project is within three miles from Fire Station No. 13. 36. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 37. Access is not acceptable as shown on Vesting Tentative Tract Map No. 5340/UGM dated July 8, 2004. The dead end street (cul-de-sac at the west end of East Powers Avenue) exceeds the 450 foot maximum. Proposed lots 1 through 8, inclusive, and proposed lots 19 through 21, inclusive, on Vesting Tentative Tract Map No. 5340/UGM dated July 8, 2004, shall provide fire sprinklers given that they exceed the 450 foot maximum from a single point of access. f: Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 7 Urban Growth Management Requirements 38. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval, for Fire Station No. .13. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12- 4.509-C-3 of the FMC. SOLID WASTE SERVICE 39. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in.accordance with the City of Fresno's Solid Waste Management Division Standards. 40. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 41. 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. STREETS AND RIGHTS-OF-WAY 42. 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 FMC and the State Subdivision Map Act. 43. 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. 44. 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; and, Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 8 c. Landscape and irrigation plans (median island and street trees within all parkways). 45. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 46. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector (North Maple Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon. completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 47. 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. 48. 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. MAJOR STREETS North Maple Avenue (Collector): 49. Dedicate 47 feet of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno Collector Standards. 50. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern within the limits of this tract and transition paving as necessary. 51. Construct 20 feet of permanent paving (measured from face.of curb) within the limits of this subdivision. 52. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard-E-8 for Collector Streets. 53. Relinquish direct access rights to North Maple Avenue from all lots within this tract (Reference Section 12-1011 of the FMC). Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2,2005 Page 9 LOCAL STREETS East Powers Avenue (north side): 54. Dedicate 30 feet of property, from center line, for public street purposes within the limits of this subdivision to meet current City of Fresno Standards. 55. Design and construct curb, gutter, and sidewalk to Public Works Standard P-5. 56. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. 57. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard. E-9 for Local Streets. East Powers Avenue (south side): 58. Dedicate and construct an additional 17 feet of permanent asphalt paving. INTERIOR STREETS 59. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sacs, and underground street lighting system on all interior streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 60 foot and 50 foot streets. 60. 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 61. The first order of work shall include a minimum of two points of vehicular access to the streets for any phase of this development. 62. Provide a corner cut dedication at the southeast corner of proposed lot 15 on Vesting Tentative Tract Map No. 5340/UGM dated July 8, 2004. 63. Relinquish direct vehicular access rights to the south property line of proposed lot 15 (depict on final map). 64. Provide a one foot pedestrian easement on all lots with frontages on North John Albert, East Warwick and North Meridian Avenues within this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 10 STREET NAMES Change the following street name to reflect its proper spelling: 65. Change North Maple Ave. to North Maple Avenue. Urban Growth Management Requirements 66.. This map is in UGM major street zone F; therefore, pay all applicable UGM fees. SANITARY SEWER SERVICE 67. The nearest sanitary sewer main capable of serving the project is a 10-inch sanitary main located in North Maple Avenue. Sanitary sewer service through the city's sewer system would require the following prior to connection: 68. Construct an 8-inch sewer main in East Powers Avenue west from North Maple Avenue across the project frontage. 69. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 70. Separate sewer house branches shall be provided for each lot created. 71. Abandon all existing on-site private sanitary sewer systems in ,accordance with City standards. 72. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 73. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. Urban Growth Management Requirements 74. This project is located within the following service area: Sewer Oversize Reimbursement S.A.2. 75. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Charge; Trunk Sewer Charge (Herndon); and, Wastewater Facilities Charge (residential only). Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 . Page 11 WATER SERVICE 76. The nearest City of Fresno water main capable of serving the project is a 14-inch water main located in North Maple Avenue. The following conditions are required to provide water service to the tract: 77. Construct an 8-inch water main (including installation of City fire hydrants) in East Powers Avenue west from North Maple Avenue across the project frontage. 78. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 79. Separate water services with meter boxes shall be provided to each lot created. 80. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of-Fresno standards. 81. 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. 82. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 83. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed.additions to the city water system. 84. Installation of public fire hydrant(s) is required in accordance with City Standards. 85. Payment for installation of water service(s) and/or meter(s) is required. 86. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. Urban Growth Management Requirements 87. The proposed subdivision is located within UGM Water Service Area No. 101s. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 88. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page.12 of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 89. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition .. 90. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 91. 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. 92. 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. 93. 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. 94. 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 95. 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 July 22, 2004. Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 13 96. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final.Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. FRESNO IRRIGATION DISTRICT 97. According to a letter dated July 19, 2004, from the Fresno Irrigation District, they do not operate or maintain any facilities on the site, therefore, they have no requirements. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 98. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated July 29, 2004, for Vesting Tentative Tract Map No. 5340/UGM. CLOVIS UNIFIED SCHOOL DISTRICT 99. Contact the Clovis Unified School District for their requirements and/or fees. DEVELOPMENT FEES AND CHARGES .This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.1'0/sq. ft. (to 100' depth) 2. Oversize Charge $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Charge $496/living unit Service Area: Herndon 4. Wastewater Facilities Charge $2,119/living unit 5. Copper Avenue Sewer Lift Station Charge n/a 6. Fowler Trunk Sewer Interim Fee Surety n/a 7. House Branch Sewer Charge n/a 8. Millbrook Overlay Sewer n/a 1` r. r Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 14 WATER CONNECTION CHARGES FEE RATE 9. 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. 10. Frontage Charge $6:50/lineal foot 11. Transmission Grid Main Charge $700/net acre 12. Transmission Grid Main Bond Debt Service Charge 304/net acre 13. UGM Water Supply Fee $397/living unit Service Area: 101-5 14. Well Head Treatment Fee $0 Service Area: 101 15. Recharge Fee $0 Service Area: 101 16. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE 17. Northeast Fresno Policing Area $85/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 18. UGM Fire Station Capital Fee $251/gross acre Service Area: 13 19. UGM Park Fee $1690/gross acre Service Area: 7 20. Major Street Charge $2500/adj. acre Service Area: F 21. Major Street Bridge Charge $135/adj. acre Service Area: F 22. Traffic Signal Charge $860/adj. acre Conditions of Approval Vesting Tentative Tract Map No. 5340/UGM February 2, 2005 Page 15 23. UGM Grade Separation Fee n/a 24. Trunk Sewer Charge n/a Service Area 25. "Street Acquisition/Construction Charge n/a KAMaster Files-Tract Maps\Tract 5340-Amoldo Rodriguez(R-04-35)\T-5340 COA 1-5-05.doc File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT . NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager ED POPLIN Planning & Development Department 8671 N. MAPLE City of Fresno FRESNO, CA 93720 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5340 PRELIMINARY FEE(S) (See below DRAINAGE AREA(S) " CX " DRAINAGE AREA CX $21,405.00 DATE 7- AA a DRAINAGE AREA - TOTAL FEE $21,405.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z 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: O 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. - 5340 5469 E.OLIVE - .FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected,by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to Powers Avenue. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2. C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction.of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5340 5469 E..OLIVE FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 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 M 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. M4 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 Boardy, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for.specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5340 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292,- FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT. NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm.water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the.proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. iii► �M x ✓. `%/��/�--_ Gerald E. Lakem , Project Engineer: Elle Miller District Engineer, Assistant General Manager C: R.W. GREENWOOD & ASSOCIATES 2558 E. OLIVE FRESNO, CA 93701 5340 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of,a building permit or recording of the final map. Development No. Tract 5340 en gr\perm it\exh ib its2\tract\5 340(em) � h s ` + 7{ FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No. 210.434 «CX„ July 26, 2004 Ms. Shelby Chamberlain � �� `J D City of Fresno Planning and Development Service Dept. JUL 2 7 ZOo 2600 Fresno St., 3rd Floor Fresno, CA 93721 Planning Division Development Department Dear Ms. Chamberlain, CITY OF FRSNr- Rezone 2004-35 Drainage Area "CX" The proposed rezone lies within the District's Drainage Area"CX". The District's system can accommodate the proposed rezone. Please contact us if you need further information at (559) 456-3292. Sincerely, Elle Miller Engineer I EM/Irl wprocess\ep\20041etters\rezone 2004-35-cx 5469 E. OLIVE • FRESNO, CA 93727 • (559)456-3292 • FAX(559)456-3194 OFFICt-S OF - JIM, �4IO. A.,A O1�T ��I s �KIQV PHONE(559)233-7161 "`— FAX(559)233-8227 2907 SOUTH MAPLE AVENUE -' FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water July 19, 2004 . LRZ i V Ms. Shelby Chamberlain 'JUL 2 3 200 City of Fresno Planning & Dev. Dept. Planning Division 2600 Fresno Street, Third Floor Development Department CITY OF FRESNO Fresno, CA 93721-3604 RE Vesting Tentative Map of Tract No. 5340/UGM Rezoning Application No. R-04-35 Dear Mr. Bernal, FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicants property. 2. FID expects no adverse impacts from the approval of the subject proposal.. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadamsQfresnoirrigation.com. Sincerely, FRESNO IRRIGATION DISTRICT Selina Adams Engineering Assistant Agencies\City\VTM No. 5340/UGM RA No.R-04-35 San Joaquin Valley Air Pollution Control District July 29, 2004 Reference#459DEV2004 C[ C ��fD Shelby Chamberlain Planning Division 2600 Fresno St. AUG ® 2 20Q4 Fresno CA 93721-3604 Planning Division vaIopr,1pnt Department Subject: T-5340, R-04-35 Ci-f-y OF FRE-SNG Dear Ms. 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 is classified non-attainment for ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although. this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in.the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm_ 1. District Rules 4901 and 4902 regulate the sale, installation and transfer of both wood burning devices and natural gas-fired water heaters to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003 amendments to Rule 4901 where adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shali install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. 2. District Regulation VIII - Fugitive Dust Rules is a series of rules designed to reduce PM10 emissions generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A Dust Control Plan must be submitted for the District's approval at least 30 days before construction activities begin if the project cumulatively . encompasses 40 acres or more or will move more than 2,500 cubic yards per day of material.on at least three days of the project. An assistance bulletin has been enclosed for the applicant. 3. District Rule 4103 regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Ms. Chamberlain July 29, 2004 T-5340, R-5340 Page 2 4. Paving operations of this project will be subject to Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. There are a number of mitigation measures that should be incorporated into the design of this project to reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as City development standards. All other measures should be implemented to the fullest extent possible). This list should not be considered all-inclusive. The District encourages innovation in measures to reduce air quality impacts. • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. A brochure has been included for the applicant. See http://www.coolcommunities.orq http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf http://www.urbantree.org • Sidewalks and bikeways should be installed.throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian -and bicycle use. Such pathways should be easy to navigate,. designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles.. Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. • As many energy-conserving features as possible should be included in the design/construction of the project. Examples include (but are not limited to): Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or coated) High-albedo(reflecting) roofing material. See http://eetd.Ibl.gov/coolroof/ Radiant heat barrier. See htti)://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html Cool Paving. See http://www.energy-.ca.qov/coolcommunity/strategies.html Energy efficient lighting and appliances. See http://www.energystar.goy/ Energy efficient water heaters (such as instantaneous water heaters/indirect water heaters) Energy efficient heating/cooling systems (such as radiant heating system) - Awnings or other shading mechanism for windows - Porch/Patio overhangs - Ceiling fans, whole house fans - Orient the units to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. See http://www.eere.energy.gov/RE/solar passive.html. - Electrical outlets around the exterior of the units to encourage use of electric landscape maintenance equipment - Pre-wire the units with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of traditional.open-hearth fireplaces) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit(such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site, etc. More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergVicenter.org/index.htmI Ms. Chamberlain July 29, 2004 T-5340, R-5340 Page 3 • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity . systems, small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment. More information can found at- http://www.dsireusa.orq/, http://rredc.nrel.gov/, htt6://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Require construction equipment used at the.site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. Use alternative fuel construction equipment. Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable.generator set). - Install wind breaks on windward sides of construction areas. - Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to furtherdiscuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call Mr. Hector R. Guerra, Senior Air Quality Planner, or me at 230-5800 and provide the reference number at the top of this letter. Si erely, nthia Egavarria Air Quality Specialist Central Region Enclosure c:file San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that generate fugitive dust. .Fugitive dust is emitted to the air from open ground or caused by activities such as excavation;transporting bulk materials, or travel on unpaved surfaces. "PM10" is a term applied to small sized particulate matter-microscopic dust particles-in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002: The following dust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at 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 amount of dust that would obstruct the view of an.object by 20%. Soil stabilization. Soil stabilization is required at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and test methods are in Rule 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. Nnrrht•m I:r•uinn C1Hrrr• i'...,r .l IT,.,,:n.. I lff;.-.. Crinrhorn Rr..ninn Oflirt• Access and Haul Roads. Dust control is required on all unpaved access and haul roads, and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 - Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Storage Piles and Bulk Materials. The handling, storage, and transportation requirements for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include: applying water as materials are handled, stabilizing or covering stored materials, and installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a freeboard six inches or greater, covering haul trucks, or applying water to the top of the load are options for reducing VDE from vehicle transportation of bulk materials. Demolition. Wetting of the exterior of a building to be demolished is required. Demolition debris and the area around the demolition must also be controlled to limit VDE. Cleaning up carryout and trackout must be completed according to Rule 8041. Demolition activities are also subject to the District's asbestos rule, Rule 4002—National Emission Standards for Hazardous Air Pollutants. Dust Control Plans. For large construction projects, Rule 8021 requires the owner or contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to commencing construction activities. This requirement applies to projects that include 40 or more acres'of disturbed surface area or will involve moving more than 2,500 cubic yards per day of material on at least three days during the project. Record keeping. All sites subject to the regulation that employ dust control measures must keep records for each day any dust controls are used. The District has developed record keeping forms for water application,street.sweeping, and for"permanent"controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or.other durable materials. Pursuant to Rule 8011, records must be kept for one year after the.end of dust generating activities. Exemptions. Activities in areas.above 3,000 feet elevation are exempt from.all.Regulation. Vlll requirements. The following exemptions in Rule 8021 apply to construction activities: Blasting activities 0 Maintenance and remodeling of existing,buildings if the addition is less than 50%of the size of the existing building or 10,000 square feet. These activities, however, are subject to the District's asbestos rule, Rule 4002. 0 Additions to single family dwellings a Mowing, disking or other weed control on sites less than %z acre. Nuisance. Whether or not the construction activity is exempt'from the Regulation Vill requirements, any activity that creates fugitive dust must not cause a nuisance, per Rule 4102.- Nuisance. Therefore, it is important to monitor the dust generating activities and, if necessary, plan for and implement the appropriate dust control measures to limit the public's exposure to fugitive dust. This is a basic summary of Regulation Vlll as it applies to the construction industry. For more information contact the Compliance Division of the District office nearest to you. Page 2 of 2 THE INITIAL STUDY EVALUATING THE PROJECT SHOULD RESULT IN: 0 AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are. not serious enough to warrant an Environmental Impact Report., 0 NEITHER OF THE ABOV'E, 'THER-E IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: EAi1r L . 6 J33` -b �'3Cp (Print Name, Title) (Si r (Phone) 0 Check if you need a copy of the initial study Use this space for additional information if needed. :---:PROJ/2 E.A. Request for Comment/Information REQCOMM.FORM SATE OF CALIFORNIA—BUSINESS.TRANSPORTAT'—N AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P. O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-66661 Flex your power! FAX (559)488-4088 TTY (559)488-4066 Be energy efficient! July 14, 2004 J U L 16 2004 Planning Division A 2131-IGR/CE Development Department Q 6-FRE-41-31.6+/- R-04-35, T-5340 POP.L.IN IiAr t• �I}.- rh1 City of of Fresno Development Department 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Ms. Chamberlain: We have reviewed the rezone and tentative tract map for the proposed 22-lot single--family residential project on property located on the northwest corner of North Maple and East Powers Avenues. Caltrans has the following comments: The proposed project, in and of itself, is not expected to create'significant impacts to the State Highway System. This project is below the 2025 General Plan MEIR threshold that requires projects producing 100 or more peak-hour trips to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). However, when combined with the numerous other _eii.dential projects in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project: The project is small, but when combined with other projects, in the area, there is sufficient residential development to support transit. Early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Expres's (FAX) staff for their review And comment.. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the "Caltrans improves mobility across California" Ms. Shelby Chamberlain �. July 14, 2004 Page 2 Planning Commission. This will provide.the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be .financed through an assessment district and provide a way for individuals . to utilize a park-and-ride facility or commercial area parking lot and be shuttled-to various commercial/office centers within the area. Commuters who need to go further could use City-of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approvai a covered aransit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. DEPARTMENT OF THE ARMY \\!I U.S. ARMY ENGINEER DISTRICT, SACRAMENTO M CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 REPLY TO ATTENTION of November 17, 2004 Regulatory Branch (200400697) Chris Enyedy N`V J lr The Twining Laboratories,Inc. 2527 Fresno Street Fresno, California 93721-1804 Dear Mr. Enyedy: I am responding to the request for Concurrence on Opinion for the Poplin Property, 200400697. This project is located in Section 26, Township 12 South, Range 20 East, M.D.B.& M., City of Fresno, Fresno County, California. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps: Based on the information you have provided, it appears that there are three basin areas present on the project site containing the hydrology, hydrophitic vegetation and hydric soils to be considered functioning wetlands or other waters of the United States However, we have determined these waters to be not jurisdictional because the basin areas were originally excavated on former upland grassland areas for livestock watering and are supplied with water from underground.wells through well pumps that have now been permanently shut off. Therefore, Department of the Army authorization is not required for this project. Please refer to identification number 200400697 in any correspondence concerning this project. If you have any questions, please contact Walter Clevenger at our San Joaquin Valley Office, 1325 J Street, Room 1480, Sacramento, California 95814-2922, email Walter.H.Clevenger@usace.army.mil, or telephone 916-557-7536. You may also use our website: www.spk.usace.army.mil/regulatory.html. Sincerely, Nancy A. Haley. Chief, San Joaquin Valley Office Copies furnished: a VII 1 V LVV'1 r•...0 V V vv •..• •n. rr••r0 r • •.•. •.-. --- --- _ -- . pINALYTIC}1C' Et1�lIRO(JII�E#iTiyt;SEAY�CES GEOTECtN,1CAE ENCii EERtNG ORi�klk6cSE JllCE:S'; CO,N.STAU,C7IQN..INySPEq,Lft}N a tl!/Glt �IA�.Szi.T. .5T1,NG, June 4, 2004 Ms. Nancy Haley US Anny Corps of Engineers Regulatory Branch 1325 J Street,Room 1480 Sacramento, CA 95814 SUBJECT: Devereaux Property Concurrence on Opinion Dear Ms. Haley This letter sununarizes the history of and conditions on the property (site) at the northwest coluer of North Maple Avenue and East Powers Avenue, Fresno County assessor's parcel number 403-022-05. The site is within Section 26 Township 12S, Range 20E. Attached are three maps; a Vicinity Map, a Site Map, and a Natural Resources Map. As pari of the site's development, the City of Fresno has required that the features' status be defined under the Clean Water Act Section 404. Mr. Edward Poplin, the 15 year resident of the site provided most of the sites history. Mr.Poplin knew the previous owner, who lived on the property for many years. The features described in this letter are visible on both 1998 U.S. Geological Survey(USGS) air photography (Site Map) and on Clovis 7.5 minute USGS topographic map (Natural Resource Map). On the topographic map the site's features appear as a single feature, while on the an•photograph the light shaded areas are dilces separating features. Using GIS the area on the topographic map was used to digitize the outer extent of the feahires, while air photograph and field observation were used to place the interior divisions creating the site's three inter-related features. GIS was then used to calculate the approximate areas. The site consists of a single parcel of approximately 4.94 acres, within Fresno City limits. Originally according to Mr.Poplin, the land was upland grassland and used for the grazing of livestock. At that time, the site was part of a larger land holding. The three features were excavated for livestock watering. The basins were, and are, separated from each other by dikes that average about four feet across. Over time, the original landholding was sub- divided. There is no drainage channel, swales, or other hydrologic topographic features on the site. The irrigation water to the basins was supplied froma stand pipe with a control valve and .conveyed to the ponds via an excavated ditch. The water left the basins only by infiltration and evapotranspiration. Approximately 10 years ago the sub-division to the north (Vicinity Map) was built. The building of the sub-division impacted the ground water and the original .CORPORATE MODESTO VISALIA BAKERSFIELD MONTEREY SACRAMENTO 7527 Fresno Sirool 5453 Jemdmn Court Wile E . 130 Nash Kels"SL.7tt6 3657 Pegasus OrNa.0117 5010nIZA"nua 5675 Power Irm Road.Bunn C Fresno,CA 93141.1804 Modeafo•CA 96356.9322 Vlplla,CA 93291.9000 Dakersfrold.CA 93309-6843 Send Uri,CA 0305S 6acramereo,CA 95tl24 (559)269.1071 (209)342-2061 (559)651.0280 (661)393-5088 (831)392.1056 (9161381.9477 Fax 268.1126 Fax 579.1460 Fax 6518280 Fax 393.4643 Fox 392.1069 Fax 381.9474 Jun-io-cuuy wcv ueIw nil iuining saes rnn ivv, cUe cuo iicu r. w well.on site ceased to generate sulfient water.The City was required to drill a new well on the site. The well was drilled to a depth of approximately 120 feet to reach ground water. When the .new well was built, the southern most basin was the only basin used.with any regularity. The source of the water is from the on site well. The later is pumped from the well to the southern basin and from there it can be allowed into the north west basin by a weir with a control mechanism.. Within the past two years the property to the west of the site built a barn across the ditch that supplied the water to the basins. Without the controlled water from the ditch and the well,the basins have occasionally dried out completely. As the landholding was reduced in size the level of agriculture being practiced on site was reduced, and the need for three basins was also reduced. Approximately ten years ago use of the north two basins mostly ceased. The southern basin became a fish pondflandscape feature as the property became a large residential lot.for all practical purposes. The basin to the northwest was used to drain water from the southern pond during periods of maintenance and disuse. The northeast basin,receiving the Ieast use,was filled. The vegetation on site can be arranged into three groups. Most of the site is un-irrigated upland non-native grasses. The area around the house, including the area between the house and the southern pond, consists of irrigated grasses and other species associated with lawns (e.g.Plantago lancolata). The third group of vegetation is associated with the basins. The vegetation associated.with the basins is arranged into association based on distance to the southern pond. The southern pond ,itself has a stand of Cattails (Typha sp.) (Photograph 1) but, for the most part, is devoid of emergent vegetation due to regular maintenance (Photograph 2), The area that has the most complex arrangement of vegetation is in the northwest basin. This basin has four noticeable associations(Photograph 3). The wettest association is a small area that is related to the weir that empties the southern pond into the northeastem basin. Species associated with this area include willows (Salix sp.), rush (Juncus sp.), and sedge (Cyperus sp.)(Photograph 4). The dominant grass in this association is Berm:udagrass (Cynodon dactylon), a facultative upland species(FACLD. Bermudagrass is also the dominant species in the second association, which forms a band paralleled to the dike separating the southern pond and the northeastern basin (Photographs 3 and 4). The third association is found in the center of the basin and is a mixture of grasses—rip gut brome(Brornus diandrus), Polypogon monspeliensis, hordeum.murinum, rattail fescue (Vulpia myuros), and bristly ox tongue (Pic7is echioides). The fourth association forms a ring around three of the northeast basin's sides. This association is dominated by wild oats (Avena fatua), and likely represents the surrounding uplvnd vegetation composition. However, most of the area surrounding the basins was mowed to the ground,making the comparison determination difficult. It is Twinning Laboratories opinion that the basin features are not wetlands as defined by the 1987 Manual. The most important point is the source of the water to the basins. The water which is used to fill the southern basin.is exclusively derived from well.water and is controlled by both pump and valve. This coupled with the deep ground water table of greater than a hundred :feet, means that any wetland indicators that develop are entirely.man induced, and would quickly disappear if the water application is ceased. The disappearance of wetland indicators have been reported as the basins have dried out and under gone maintenance. Any one basin has not been continually 'flooded for five years and the two north basins have not been flood three years in the past ten. This raises the question that normal circumstances may not exist within the basins. If the basins are determined to need delineation for wetlands, there are certain points that should be noted There are no lmown occurrences of special status species on the site or within a mile of it according to the CDFG's CNNDB GLS database (Natural Resource Map). The nearest sighting,according to the CNDDB,is for succulent owl's clover(Castdh a campestris ssp. succulenta), a predominately vernal species. This sighting is to the west of the site approximately 1.8 mile,and is grouped with other vernal species near Woodward Park and the San Joaquin River. The land between the site and the sighting is developed. The basins are isolated. The topography is very flat with no drainages, or evidence of past drainages, and therefore have no connection to Waters of the U.S. The deep ground water table and flat topography would indicate that water from the fish pond travels down,with little lateral movement. These conditions would likely categorize any of the basins that might qualify as wetlands,as non jurisdictional under the SVVANCC ruling. However, a SWANCC determination and the determination of the regulatory status of wetland features are the sole jurisdiction of the U.S. Army Corp of Engineers. All information and opinions put forward in this Ietter are for purpose of advancing this process. Best regards, Chris Enyedy Wetland Ecologist The Twining Laboratories, Inc. Fresno \ / County Merced )' 'R .. r. �no .� a r ' mm - - CIb •1, - r• ' • Madera .J o- r oav"� - - gpJ n. � Fresno .� Mendota � ;7'^ ' _ ;• `�:. -.:'-• 7• - Ott� ..,r Visalia Hanford 1:750,000 f 1 - / I Tulare 0 5 10 1 iles ' Vicinity Map Devereaux Property v LA eORw YO RIES INC. 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Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 September 15, 2004 Please Reply to: Arnoldo Rodriguez (559) 621-8633 R.W. Greenwood Associates, Inc. Attn: Ron Greenwood 2558 East Olive Avenue Fresno, CA 93701 SUBJECT: VESTING TENTATIVE TRACT MAP NO.5340 AND REZONE APPLICATION NO.R-04- 35 PROPOSING TO SUBDIVIDE APPROXIMATELY 4.92 ACRES OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH MAPLE AND EAST POWERS AVENUES (APN: 403-022-05) Dear Mr. Greenwood: This letter is a follow-up.to our conversation on September 2, 2004 when I informed you that the Planning and Development Department has decided that we cannot complete an Environmental Assessment for Rezone Application No. R-04-35 and Vesting Tentative Tract Map No. 5340 until we receive a formal response from the US Army Corps of Engineers to the Twining Laboratories, Inc. report dated June 15, 2004. As you may recall the Twining Laboratories, Inc. report pertained to the on-site ponds and their status as defined by the Clean Water Act Section 404. Upon receipt of their response, we will proceed with our review, which includes a 20 day public review period pursuant to Section 1.5105 of the California Environmental Quality Acta Upon completion of the proper environmental.documentation and public review period, the project will be scheduled for review before the Planning Commission and City Council. If you have any questions regarding this matter, please do not hesitate to contact me at the number above. Sincerely, QArnoldo Rodriguez, Planner Current Planning Division cc: Chris Enyedy FROM FAX NO. :2983774 Tan. 27 2005 03:54AM P1 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT, SACRAMENTO CORPS of ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 REPLY TO ATTEAMON OF November 17, 2004 Regulatory Branch (200400697) ,iAN 2 6 2'105 Chris Enyedy —The Twining Laboratories,Inc. 2527 Fresno Street C Jr �-•--- """� Fresno, California 93721-1804 I am responding to the request for Concurrence on Opinion for the Poplin Property, 200400697. This project is located in Section 26, Township 12 South, Range 20 East, M.D.B.& M., City of Fresno, Fresno County, California. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Based on the information you have provided, it appears that there are three basin areas present on the project site containing the hydrology, hydrophilic vegetation and hydric soils to be considered functioning wetlands or other waters of the United States However, we have determined these waters to be not jurisdictional because the basin areas were originally excavated on former upland grassland areas for livestock watering and are supplied'with water from underground wells through well pumps that have now been permanently shut off- Therefore, Department of the Army authorization is not required for this pro ect. `:'+.L°�. _ . . .... M,!�rt:.+-^.•`.N'7!.'�".... �e'C'.:Y=Y'n. .S•ro . :A •".t.•: - :.: -•.en-.— .u-.+..._ ,_.. :-. .. Please refer to identification number 200400697 in any correspondence concerning this project. If you have any questions, please contact Walter Clevenger at our San Joaquin Valley Office, 1325 J Street, Room 1480; Sacramento, California 95814-2922, email Walter.H.Clei,enger@usace.army.mil, or telephone 916-557-7536. You may also use our website: www.spk.u3ace.a? y.mil/regulatory.html. Sincerely, I''IMIdIt ::� Nancy A. Ffaley Chief, San Joaquin Valley Office Copies furnished: City of In" Ilk l\\ Ir r16 _�' Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 October 13, 2004 Please Reply to: Arnoido Rodriguez (559) 621-8633 US Army Corps of Engineers Regulatory Branch Attn: Walter Clevenger 1325 J Street, Room 1480 Sacramento, CA 95814 SUBJECT: VESTING TENTATIVE TRACT MAP NO.5340 AND REZONE APPLICATION NO.R-04- 35 FILED BY RON GREENWOOD ON BEHALF OF ED POPLIN PROPOSING TO SUBDIVIDE APPROXIMATELY 4.92 ACRES OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF.NORTH MAPLE AND EAST POWERS AVENUES (APN: 403-022-05) Dear Mr. Clevenger: This letter is a follow-up to our conversation on October 13, 2004 where we discussed the project described above. Enclosed you will find a copy of Tentative Map (Tract No. 5340) submitted on the behalf of Ed Poplin. The map depicts the proposed lot configuration as well as the existing improvements, including the ponds. If you have any questions regarding this matter, please do not hesitate to contact me at the number above or via e-mail at Arno Ido.Rod rl uez fresno.gov Sincerely, �--� Arnoldo Rodriguez, Planner II` I Current Planning Division Street Name Review TM-5340 8-3-04 Street Name Status Required Change East Warwick Avenue Good East Powers Avenue Good North John Albert Avenue Good North Meridian Avenue Good North Maple Ave. chane North Maple Avenue City of C®Inc—%au\l I i—� rf��e. Department of Public Utilities Solid Waste Division 1325 E. EI Dorado Fresno,.California 93706-2014 (559) 621-1452 www.fresno.gov August 3, 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 5340, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5340, which was submitted by R.W. Greenwood Associates, Inc. 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 5340 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. J:\Conditions of Approval_TT5340.wpd City o DEPARTMENT OF PUBLIC UTILITIES Date: .Iuly 20,2004 To:. SHELBY CHAMBERLAIN, Planner III Planning and Development Department, Advance Planning From: DOUG DECKER, Engineer H -�D.'l Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5340/UGM AND R-04-35 General T-5340/UG.M and R-04-3 5, proposes a 22-lot single-family residential subdivision, rezoning from the AE-20 to the.It I/UGM zone district on 4.94 acres located on the northwest corner of North Maple and East Powers Avenues. 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 Impart Report. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 10-inch sanitary sewer main located in:North Maple Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the.following requirements: I_ Construct an 8-inch sewer main in East Powers Avenue west from North Maple Avenue across the project frontage. 2. Sanitary, 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. Abandon all existing on-site private sanitary sewer systems. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards} specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for I Department of Public Utilities review and approvals for proposed additions to the City Sewer� System. Sanitary Sewer UGM This project is located in the following Urban Growth Management Service Areas: 1. Sewer Oversize Reimbursement S.A. 2 Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Herndon 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest water main to the project is a 14-inch main located in North Maple Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Construct an 8-inch water main(including installation of City fire hydrants)in East Powers Avenue west from North Maple Avenue across the project frontage. 2. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 3. Separate water services with meter boxes shall be provided to each lot created. 4. Seal and abandon existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 5. 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. 6. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 7. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water UGM 1. UGM Water Service Area Number: 101s Water Fees 1. Payment for installation of water service(s) and/or meter(s) is required. 2. Water Connection Charges are due and shall be paid for the Project. City ofswu r „ .f. In FRESNOAREA EXPRESS 2223"G Street 559-621-1393 BruceA.Rudd Fresno, California 93706-1600 Transit General Manager www.fresno.gov (2� July 21, 2004 " EU Ms. Shelly Chamberlain a U l Z 3 2004 City of Fresno Development Department Planning Division 2600 Fresno Street, Room 3043 Development Department Fresno, California 93721-3604l?F FPFSIC Dear Ms. Chamberlain: SUBJECT: COMMENTS ON VESTING TENTATIVE MAP OF TRACT NO. 5340/UGM Fresno Area Express (FAX) has reviewed the Tentative Tract Map for the project on Maple and Powers, and appreciates the opportunityto provide the comments. Currently FAX provides public fixed-route transit service and demand-response paratransit service for the City of Fresno. FAX fixed-route services are currently operated as far north as Champlain at Cedar and so there is no service to the proposed area at this time The FAX Handy Ride system provides paratransit services as far west as Polk Avenue. Fixed-route service may not be initially expected, however, as the community grows, the need for public transportation will increase. The area will need transit for work,entertainment and school and public transit will become an issue. FAX believes that these services should be anticipated and planned for. FAX staff should be included in the evaluation and review of the development plans to ensure that appropriate allowances are made for proper bus and pedestrian facilities to accommodate future public transit needs in the area. Should you have any questions, please call me at 621-1436. Sincerely, Jn Villeneuve T nsit Planner PS