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HomeMy WebLinkAboutT-5350 - Conditions of Approval - 4/19/2005 City of W REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. vii-A COMMISSION MEETING 1/19/05 APPROVED BY January 19, 2005 [DEPARTMENT DIRECTO FROM: STAFF, Planning Division Planning and Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. T- 5350 AND CONDITIONAL USE PERMIT NO. C-04-237 FOR THE "RUNNING HORSE PROJECT" EXECUTIVE SUMMARY On December 21, 2004 the City Council adopted and certified Environmental Impact Report No. 10134 and approved Plan Amendment No. A-04-30 and Rezone Application R-04-97 for the Running Horse Project, a proposed residential golf course community. In order to complete the project the developer also submitted applications for a vesting tract map and a conditional use permit for consideration and approval. Vesting Tentative Tract Map T-5350 pertain to 443 acres of property located in the project area generally bounded by West Whites Bridge Avenue, South Hughes Avenue, West Church Avenue and South Marks Avenue (Exhibit 1). The tentative tract map proposes to create 780 single-family residential lots ranging in size from 7,500 square feet to more than 10,000 square feet and 30 outlots comprising 220 acres. The outlots are proposed for the development of an 18-hole golf course. Conditional Use Permit No. C-04-237 proposes development of an 18-hole golf course on 220 acres, including a 30,000 square foot clubhouse, a maintenance shop, restrooms, the sale of alcoholic beverages associated with the clubhouse, and private residential streets. Plan Amendment Application A-04-30 was approved by the City Council on December 21, 2004, which changed the planned land uses from the Low Density Residential (0-2.18 dwelling units per acre), Medium Density Residential (4.99-10.37 dwelling units per acre), Medium High Density Residential (10.38-18.15 dwelling units per acre), Open Space/Neighborhood Park planned land use designations to the Medium Low Density Residential/Golf Course (2.19-4.98 dwelling units per acre) land use designation. Rezone application R-04-97 was approved by the City Council on December 21, 2004 and changed the zoning from M-1 (Light Manufacturing), R-A (Single Family Residential Agricultural), C-6 (Heavy Commercial), AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management), AL-20 (Limited Twenty Acre Ag) (County) zone districts to the R-1/UGM/cz (Single-Family Residential/Urban Growth Management/conditions of zoning) zone district. There are three "super blocks" in the Running Horse project area and it is proposed that each of the three super blocks be developed in three phases in a north to south pattern over a period of 8-10 years. The entitlements requested are consistent with the planned land uses and zoning and will implement the goals, objectives and policies of the 2025 Fresno General Plan and the Edison Community Plan. In addition, the entitlements will incorporate the mitigation measures identified in the Final Environmental Impact Report No. 10134 prepared for the Running Horse project. In response to the Planning Commission's previous concern regarding historic Kearney Boulevard the applicant has redesigned portions of the tract map on the north side of Kearney Boulevard which will eliminate the solid block wall along the mid-block section of that street. Please see revised Exhibit 2, attached, and the cross section of West Kearney Boulevard, Exhibit 3. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 2 Staff is recommending approval of both applications subject to the conditions of approval noted in this report. PROJECT INFORMATION PROJECT Vesting Tentative Tract Map No T-5350 is a request for approval of a residential golf course community consisting of 780 single-family residential lots and the creation of 30 outlots, consisting of 220 acres, for golf course development. Conditional Use Permit Application No. C-04-237 seeks approval to construct and operate an 18-hole golf course on the oulots, including a 30,000 square- foot clubhouse, a maintenance shop, on course restrooms, private residential streets, and the sale of alcoholic beverages associated with the club house. APPLICANT Gary Vigen on behalf of Running Horse LLC LOCATION Southwest Fresno (Council District 3, Councilmember Sterling) SITE SIZE 443 acres LAND USE Medium-Low Density Residential/Golf Course land use designation. ZONING R-1/UGM/cz (Single-Family Residential/Urban Growth Management/conditions of zoning) zone district. PLAN DESIGNATION Applications request approval of a tentative tract map and a AND CONSISTENCY conditional use permit and are consistent with the 2025 Fresno General Plan, Edison Community Plan and the Fresno-Chandler Airport and Environs Specific Plan. ENVIRONMENTAL Environmental Impact Report (EIR) No. 10134 was prepared FINDING determining that the project would result in significant adverse environmental impacts which may be entirely or partially mitigated. The City Council adopted and certified EIR No. 10134 on December 21, 2004 PLAN COMMITTEE On November 15, 2004, by a vote of 8 to 0, the Edison/Merger II RECOMMENDATION Citizens Advisory Planning Committee for this area unanimously recommended approval of the project. PLANNING COMMISSION On December 8, 2004, by a vote of 4 to 0, the Planning RECOMMENDATION Commission recommended to the City Council approval of the project with conditions as recommended by staff. The Commission also urged that the historic nature of Kearney Boulevard be preserved to the greatest extent possible. AIRPORT LAND USE On December 13, 2004, by a vote of 4 to 1, the Airport Land Use COMMISSION Commission approved the project with conditions as recommended RECOMMENDATION by staff. The Commission shall require an Avigation Easement and a Wildlife Hazard Management Plan as a condition of zoning. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 3 STAFF Recommend approval of vesting tract map subject to compliance RECOMMENDATION with the Conditions of Approval for T-5350 dated January 19, 2005 and approval of conditional use permit. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Light Industrial M-3 Rural Residential Heavy Industrial Industrial Medium-Low Density AL-20(County) South Residential Limited 20 Acre Ag Agricultural R-A, R-1-113, AE-5, AL-20, M-1 Low, Medium-Low, Medium, Single Family Residential Ag Medium-High Residential, Single Family Residential Rural Residential East Industrial Neighborhood Commercial, Exclusive 5 Acre Ag Agricultural (County) Limited 20 Acre Ag(County) Agricultural Light Industrial Low, Medium-Low, Medium, AE-20, AL-20(County) West Medium-High Residential, Exclusive 20 Acre Ag Agricultural Neighborhood Commercial, Limited 20 Acre Ag Agricultural (County) ENVIRONMENTAL FINDING EIR No. 10134 was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) as codified in the California Public Resources Code, Division 13, and the implementing guidelines as codified in the California Code of Regulations, Title 14, Chapter 3. This process included the distribution of requests for comment to other responsible or affected agencies and interested organizations and persons. A public review period of 45 days (August 11, 2004, through September 24, 2004)was provided as allowed by CEQA to review and comment on the Draft EIR. Thirteen written comments were received regarding the EIR and responses to these comments have been prepared by city staff and project consultants. Preparation of the EIR necessitated a thorough review of the proposed project and relevant environmental issues and technical studies pertinent to the area and the Edison Community Plan area including the Master Environmental Impact Report (MEIR No. 10130)for the recently adopted 2025 Fresno General Plan. These technical studies are referenced in the EIR and are included in the Technical Appendices to the EIR. They include the following: VRPA Technologies, Inc. Traffic, Air Quality, Noise Kenneth D. Schmidt and Associates Hydrology and Water Supply Jon L. Brady, J & R Environmental Services Cultural Resources REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 4 EIR No. 10134 addresses adverse environmental impacts that may occur within twelve topical areas including land use, planning and agriculture; traffic and circulation; air quality; geology and soils; biotic resources; noise; drainage; wastewater treatment; hydrology; public services; hydrology; aesthetics; and cultural resources. Within these categories, 32 potential environmental impacts were identified related to the project of which 27 necessitated the application of mitigation measures in addition to, or supplemental to, those property development standards and requirements typically applicable to development projects. Based upon the analysis of the EIR, including the information contained within the technical appendices, it has been determined that 25 of the identified impacts can be substantially mitigated. However, two adverse impacts (conversion of prime agricultural land and the cumulative impact on air quality) that would occur within two environmental review categories (land use, planning and agriculture; air quality) will remain significant effects (although identified mitigation measures will reduce these impacts to the extent feasible)thus necessitating City Council review and adoption of overriding technical, social, economic, fiscal, environmental, land use and other considerations. The City Council adopted overriding technical, social, economic, fiscal, environmental, land use and other considerations and certified EIR No. 10134 on December 21, 2004. BACKGROUND / ANALYSIS The Running Horse project proposes to develop a 443-acre, mastered-planned, gated, residential golf course community(Exhibit 2). The master-planned project includes a high quality, 220-acre, 18-hole daily-fee golf course, and 780 detached single-family residences with access provided by a network of private streets. The golf course will include a 30,000 square-foot clubhouse, a maintenance shop, restrooms, and the sale of alcoholic beverages. The proposed residential golf course community project will displace a planned neighborhood park designated at the northeast corner of West Kearney Boulevard and South Marks Avenue. To mitigate the impact of the loss of the planned park site Section 2.8.6 of the Final EIR No. 10134 requires the developer to offer for sale to the City an approximately 8.12-acre portion of an18-acre multiple-family site located east of the proposed tract for the future development of a planned neighborhood park. The proposed residential golf course community will also displace approximately 38 acres of a groundwater recharge basin currently owned by the Fresno Irrigation District(FID). The developer signed an agreement with FID and deposited $41,500 to prepare a geotechnical study to relocate the existing basin to a location southwest of the Running Horse project. The new basin site and design must be approved by FID's Engineer. The FID Board is agreeable to the relocation assuming the recharge capabilities and capacity of the new basin site are equal to, or better, than the current site. The proposed basin must be fully operational before the existing basin will be abandoned and reclaimed for development of the Running Horse project. The draft geotechnical study, paid for by the applicant, indicates that the recharge rates of the replacement site are excellent. The FID consultant is in the process of finalizing the report. The proposed golf course architect for the project, John Harbottle, is a respected and well-known designer. His work includes the Stevinson Ranch near Merced, Cinnabar Hills in San Jose, and renovation of the Los Angeles Country Club. The course would play out of a large, attractive 30,000 square foot clubhouse with a banquet capacity for 300 people. The clubhouse would be elevated, allowing for an attractive view of the golf course and lakes. The clubhouse would be available for weddings,anniversary parties, birthday parties and other social occasions. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 . Page 5 The size of the planned 780 single-family residential lots would be generally distributed as follows: 260 lots (approximately 7,500 square-foot lots in area), 260 lots (approximately 8,500 square-foot lots in area), and 260 (over 10,000 square-foot lots in area). A high percentage of the lots would have views of the golf course. The lots would have relatively small front yards and, through mass site grading, would be elevated approximately ten feet higher than the golf course. The golf course and homes would also enjoy approximately 40 acres of lakes and streams. Edison/Merger II Citizens Advisory Planning Committee Edison/Merger II Citizens Advisory Planning Committee considered this project at its meeting on November 15, 2004, and resolved to recommend approval by a vote of 8 to 0. Fresno City Planning Commission The Fresno City Planning Commission previously considered this project,Plan Amendment No.A-30-04 and Rezone Application No. R-97-04, at its meeting on December 8,2004 and resolved to recommend approval, with conditions of zoning, by a vote of 4-0. Fresno County Airport Land Use Commission The Fresno Airport Land Use Commission considered this project at its meeting on December 13, 2004 and resolved to recommend approval, with conditions of zoning, by a vote of 4-1. Fresno City Council The Fresno City Council considered this project, Plan Amendment No.A-30-04 and Rezone Application No. R-97-04, at its meeting on December 21, 2004 and resolved to adopt and certify EIR No. 10134, approved Plan Amendment Application No.A-04-30 for the Medium-Low Density Residential land use designation and approved Rezone Application No. R-04-97 for the R-1/UGM/cz (Single-Family Residential/Urban Growth Management/conditions of zoning) zone district, with conditions of zoning, by a vote of 7-0. VESTING TENTATIVE TRACT MAP NO. 5350 Vesting Tentative Tract Map No. 5350 is a request to subdivide 443 acres into a 780-lot single family residential subdivision with 30 outlots. The outlots comprise approximately 220 acres and are proposed for golf course development under a conditional use permit. Land Use Plans and Policies The approved plan amendment provides for the change of several planned land uses of the 2025 Fresno General Plan and the Edison Community Plan to the Medium-Low Density/Golf Course land use designation. This unique land use designation will allow for a planned community of residences together with a golf course and related clubhouse facilities. The approved rezoning provides for a change from a variety of zoning districts to the R-1/UGM/cz (Single-Family Residential/Urban Growth Management/conditions of zoning) zone district, which will facilitate the implementation of the Running Horse project. The 2025 Fresno General Plan requires that there is assurance that public facilities and services will be provided to accommodate demand increases or characteristics(peak factors, disruptive traffic movements, fire suppression water demands, et al.) in a manner that will maintain an acceptable level of service to the proposed use and surrounding community in accordance with adopted plans and policies,and development REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 6 standards. The Department of Public Utilities and Public Works Department have made the necessary sewer, water, and circulation findings for this project. The 2025 Fresno General Plan supports development of master planned communities such as the Running Horse project. The filing of the conditional use permit and tentative tract map further refines the location and intensity of proposed uses within the project. As noted in the Final EIR the scope of the project has been reduced. A previously proposed commercial parcel has been eliminated and is replaced with single-family dwelling units and golf course development. The "Landscape of Choice'; which was adopted by the City of Fresno to guide to urban development, promotes an overall density of 5-6 units per acre. If the project is approved as proposed(approximately 2.22 units per acre)the Running Horse project falls short of this objective. However, the project does meet other objectives such as facilitating housing and recreational uses close to the downtown area, is well served by transportation facilities which, due to its close proximity to downtown will serve to reduce overall miles traveled by its residents,will encourage downtown revitalization and will preserve valuable agricultural lands outside the City's Sphere of Influence. The proposed project provides for extensive open space in the form of the golf course and an internal (private)street design that is appropriate for the site's intended use and relationship to surrounding planned uses and major street system. Vehicular access to the project area will be available from several major streets with full or partial access along West Whites Bridge Avenue, South Marks Avenue, South Hughes, West Church Avenue and West California Avenue. No direct vehicular access is planned for West Kearney Boulevard. The proposed residential and recreational uses within the project support some of the policies and strategies of the "Landscape of Choice" document as endorsed by the City Council and adopted as Appendix "A" to the 2025 Fresno General Plan. Based upon these previous actions and the applicability of adopted development standards, plan policies/implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the Running Horse land use concept,will further promote the achievement of the planned urban form and land use objectives of the amended 2025 Fresno General Plan and amended Edison Community Plan. The staff has concluded that the Running Horse land use concept would be compatible with the applicable community plan goals, policies and implementation measures intended to provide for the efficient use of natural resources and public facilities;the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projections of the 2025 Fresno General Plan. Fresno County Airport Land Use Commission The Fresno County Airport Land Use Commission(ALUC)considered this project at its meeting on December 13, 2004. By a 4-1 vote the ALUC approved the project with certain conditions of zoning described below. The project area is located well outside of the 60 dBA (weighted decibel) noise exposure contour of the Chandler Downtown Executive Airport and exposure to aircraft generated noise will not be a problem. However, a portion of the project area is located within the Traffic Pattern Zone (Area 6) identified in the Fresno Chandler Downtown Airport Master and Environs Plan, dated April 13, 1999. Land uses within this Traffic Pattern Zone restrict the maximum allowable intensity of use(people per acre)for nonresidential uses to 150. The proposed project, as revised by the Final EIR No. 10134 on Page 1-1, has eliminated the proposed commercial land uses and therefore the project will not exceed this maximum allowable intensity. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 7 ' Furthermore, the proposed clubhouse is to be located outside of the Traffic Pattern Zone (Area 6) and, therefore, no restrictions are applicable. As noted, the northeastern approximately one-third of the Running Horse project area is located within the Traffic Pattern Zone(Area 6)identified in Table D-2, Safety Compatibility Criteria, of the Airport Master and Environs Specific Plan adopted.Therefore,the ALUC approved the project subject to the following conditions being incorporated into the recommended Avigation Easement and Agreement, imposed via conditional zoning, and otherwise recorded as a restriction running with the land: 1. An Avigation Easement shall be required to: a. Ensure the ability to enforce FAR Part 77 limitations beyond the boundaries of the airport and within the Airport Review Area; b. Enforce limitations related to adopted safety criteria as stated in the Fresno-Chandler Executive Land Use Policy Plan. 2. A limitation that the maximum allowable density for uses be established at 150 persons per acre. This limitation shall be recorded as a covenant running with the land. 3. An FAA Form 7460-1, Notice of Proposed Construction or Alteration, or other suitable documents similar to FAA Form 7460-1, shall be filed with the FAA together with a Wildlife Hazard Assessment and resultant FAA recommendations shall be adhered to in the drafting of the proposed Wildlife Hazard Management Plan. 4. Airspace Protection. a. No structure, tree or other object shall be permitted to exceed the height limits established in accordance with Part 77, Subpart C, of the Federal Aviation Regulations(FAR). This criterion applies unless, in the case of a proposed object or growing tree, one or more of the following conditions exist: 1. The object would be substantially shielded by existing permanent structures or terrain in a manner such that it clearly would not affect the safety of air navigation; 2. The FAA has conducted an aeronautical study and either determined that the object would not result in a hazard to air navigation or made recommendations for the object's proper marking and lighting as an obstruction; 3. The object is otherwise exempted from the requirements of FAR Part 77. In the case of an existing object, this criterion also applies unless the object exceeded the prescribed height limits prior to February 20, 1987, in which case, marking lighting will still be required. b. No object shall be permitted to be erected which because of height or other factors would result in an increase in the minimum ceiling or visibility criteria for an existing or proposed instrument approach procedure. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 - Page 8 C. The FAR Part 77 surfaces depicted on Figure D-2,"FAR Part 77 Imaginary Surfaces,"shall be used in conjunction with the above airspace conditions to determine whether the height of an object is acceptable. Wildlife Hazard Management Plan Requirement Fresno County and the State Division of Aeronautics have indicated a concern with potential wildlife hazards to airport operations from site uses that might attract birds and water fowl. The golf course turf and lakes proposed for the site might attract birds that would be hazardous to aircraft operations. The Federal Aviation Administration recommends a minimum of a 5,000-foot separation criteria for land use practices that could attract hazardous wildlife in the vicinity of airports. Approximately 1/3 of the planned golf course is within the 5,000-foot zone. To mitigate this potential problem Section 2.1.9.3 of the Final EIR No. 10134 requires the preparation and implementation of a Wildlife Hazard Management Plan which shall be filed with the Federal Aviation Administration(FAA)and be in compliance with FAA Advisory Circular Number 150/5200-33A. The plan shall address four areas: Habitat Modification, Water, Repellant Techniques, and Wildlife Removal. Urban Services The Public Utilities Department has an extensive list of sanitary sewer and water requirements for this project. These conditions are listed in detail in the Conditions of Approval dated January 19, 2005,attached. It should be noted that the project applicant will be required to relocate and rehabilitate an existing sewer lift station and construct a new sewer lift station that will ultimately accommodate all wastewater flow from this project. The applicant is showing two potential well sites for this project and will need to install two new city wells. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The developer will be required to construct FMFCD "Master Plan facilities" as determined by the district in the letter dated December 2, 2004, attached. A fire station is located at Fresno Street and E Street and would provide services to the project. The western one-third of the project is outside the five-minute response time and as a result this area will require the installation of fire sprinklers. The applicant has agreed to install fire sprinklers in all the homes to comply with all fire requirements as detailed in the Conditions of Approval dated January 19, 2005, attached. In exchange for the installation of fire sprinklers the Fire Department will allow cul-de-sac streets (dead-ends) of up to 1,000 feet rather than the standard limitation of 450 feet. The project applicant shall also comply with the requirements from Department of Public Works Engineering Division as stated in the Conditions of Approval dated January 19,2005,attached . Street trees and median island landscaping requirements are noted in memorandum from Public Works Department dated December 2, 2004. Other requirements from other City departments and other agencies are also requirements, which are attached to this report and herein by reference are made requirements of this project. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 1.0130, the Water Resources Management Plan, and the mitigation measures identified bythe project environmental assessment/initial studywill provide an adequate,reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. These measures include the construction of one or more water supply well sites, including wellhead treatment facilities, if necessary, which will be dedicated to the City of Fresno. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 9 Water Resources and Public Water Supply A"water balance"study is required for all housing projects exceeding 500 housing units. The study,which is part of a technical appendix to EIR No. 10134, indicates that an additional 380-acre feet of surface water would be needed in order to achieve a water balance compared to pre-project conditions. The applicant proposes to obtain an agreement with the City of Fresno to secure up to 400 acre feet of surface water from the City's Kings River Water Supply Entitlement via the Dry Creek Canal operated by the Fresno Irrigation District to meet the water balance requirement. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that the storm water drainage requirements for this project can be accommodated by the completion of the master planned drainage system for this area. Construction of portions of this master planned system will be required as conditions of the project's development. This facility, together with the continued use of the lake features developed with the golf course, will also provide continued groundwater recharge with the percolation of storm water and other surface water resources. FMFCD has provided their requirements on the assumption that the existing FID basin is relocated to a site southwest of the Running Horse Development. FMFCD reserves the right to modify their requirements should the basin not be relocated as currently planned. FMFCD requirements dated December 2, 2004 are attached to this report. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day(MGD),which is sufficient to accommodate continued planned urban development. This project will require the rehabilitation of the existing sewage lift station and construction of one or more new sewage lift stations to accommodate all future sewage that will be discharge to the existing South Marks Avenue sewage trunk line as detailed in the Conditions of Approval dated January 19, 2005, attached. Major Street Improvements The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management (UG M)Service Delivery policies and Environmental Impact Report No. 10134 and project specific mitigation measures. The 2025 Fresno General Plan designates South Marks Avenue,West California Avenue, and West Whites Bridge Avenue as arterial streets. West Church Avenue and South Hughes Avenue are designated as collector streets. West Kearney Boulevard is designated as a scenic collector street. The arterial streets will be constructed as four-lane streets that will have landscaped median islands. The EIR proposed to allow"at grade"golf cart crossings on both Kearney Boulevard and California Avenue until such time that traffic volumes reached 10,000 Average Daily Traffic (ADT). Since then, the applicant has decided it would be preferable to tunnel under both roads with initial construction rather than reconstruct a portion of the two roads at some future date. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 10 It should be noted that the Running Horse EIR No. 10134 requires a host of mitigation measures addressing projected vehicle congestion impacts that will be constructed by the applicant. The applicant will be required to install traffic signals at the intersections of Hughes/West Whites Bridge, Hughes/Kearney, Hughes/California, Hughes/Church, Marks/Whites Bridge, Marks/Kearney, Marks/California, and Marks/Church. These intersections shall be signalized when the traffic warrant standards are satisfied or at such time the City Engineer requests installation be completed. If within five years of the completion of any of phase of this project the signal warrants have not been satisfied for a particular intersection, then the requirement for signalization shall be removed as a condition of approval of this project. The applicant is expected to also contribute their fair share portion to the signalization of intersections outside the immediate project area and other mitigation measures as noted in EIR 10134. As required by the mitigation measures established by the certification of EIR No. 10134, a traffic assessment, was prepared by VRPA Technologies of Fresno to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition,and associated computer software together with the Council of Fresno County Governments' (COG)computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The traffic analysis determined that the proposed future development of the project site can be expected to generate a morning peak hour(7:00 a.m.to 9:00 a.m.)traffic volume of 639 vehicles trips per day(VTD)and an evening peak (4:00 p.m. to 6:00 p.m.) of 866 trips. However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan,will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130), which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. Streets and Access Points The project is required to relinquish direct vehicular access rights to any lots within the subdivision from the major streets adjacent to the tract (South Hughes Avenue, South Marks Avenue, West Whites Bridge Avenue,West Kearney Boulevard,West California Avenue and West Church Avenue). No vehicular access will be permitted along West Kearney Boulevard. Partial and full access will be permitted in accordance with the Traffic Division of the Public Works and detailed in the Conditions of Approval dated January 19, 2005. Access to West Whites Bridge Avenue shall be subject to Caltrans review and approval, unless this street is relinquished to the City upon completion of the State Route 180 extension, in which case the City shall have jurisdiction over the review and approval process. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No.T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 11 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 and the Edison Community Plan because they designate the site for medium-low density residential land uses and subject to Section 12-403-B of the Fresno Municipal Code,the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will ensure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. T-5350/UGM 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5350/UGM dated November 10, 2004, and the Conditions of Approval for T-5350/UGM dated January19, 2005. 2. The map shall take into consideration a vacant PG&E easement for a 110-KV Tower Line or relocate easement. See letter dated November 1, 2004, attached. 3. The following Conditions of Zoning shall apply to the project area: a. The outlots identified in Conditional Use Permit Application No. C-04-237 and shown as golf course, although zoned R-1/UGM, shall only be permitted for golf course development to REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 12 ensure that the applicant completes a unified development of the entire Running Horse residential golf course community. b. Implementation of the approved zone districts and development of the properties described by Rezone Application No. R-04-97 shall be subject to the implementation of the mitigation measures established by the certification of Final Environmental Impact Report No. 10134 (2004041023). C. All new construction of single-family homes shall have fire sprinklers in accordance with the requirements of the Fresno Fire Department. d. Applicant shall secure at least 380-acre feet of surface water annually for golf course irrigation and recharge purposes. e. A right-to-farm covenant shall be recorded with each lot and shall run with the land. f. An Avigation Easement shall be required to: 1. Ensure the ability to enforce FAR Part 77 limitations beyond the boundaries of the airport and within the Airport Review Area; 2. Enforce limitations related to adopted safety criteria as stated in the Fresno-Chandler Executive Land Use Policy Plan. g. A limitation that the maximum allowable density for uses be established at 150 persons per acre. This limitation shall be recorded as a covenant running with the land. h. An FAA Form 7460-1, Notice of Proposed Construction or Alteration, or other suitable documents similar to FAA Form 7460-1, shall be filed with the FAA together with a Wildlife Hazard Assessment and resultant FAA recommendations shall be adhered to in the drafting of the proposed Wildlife Hazard Management Plan. i. Airspace Protection 1. No structure, tree or other object shall be permitted to exceed the height limits established in accordance with Part 77, Subpart C, of the Federal Aviation Regulations(FAR). This criterion applies unless, in the case of a proposed object or growing tree, one or more of the following conditions exist: a. The object would be substantially shielded by existing permanent structures or terrain in a manner such that it clearly would not affect the safety of air navigation; b. The FAA has conducted an aeronautical study and either determined that the object would not result in a hazard to air navigation or made recommendations for the object's proper marking and lighting as an obstruction; C. The object is otherwise exempted from the requirements of FAR Part 77. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 13 In the case of an existing object,this criterion also applies unless the object exceeded the prescribed height limits priorto February 20, 1987, in which case, marking lighting will still be required. j. No object shall be permitted to be erected which because of height or other factors would result in an increase in the minimum ceiling or visibility criteria for an existing or proposed instrument approach procedure. k. The FAR Part 77 surfaces depicted on Figure D-2, "FAR Part 77 Imaginary Surfaces," shall be used in conjunction with the above airspace conditions to determine whether the height of an object is acceptable. Conditional Use Permit Application No. C-04-237 Conditional Use Permit Application No. C-04-237 proposes the development of an 18-hole golf course and related improvements on approximately 220 acres of the subject property. The 18-hole golf course will include a 30,000 square foot clubhouse, a maintenance shop, restrooms, and the sale of alcoholic beverages associated with the clubhouse. The gated subdivision proposes to be served by private residential streets. Tentative Tract No. 5350 has been filed as the development plan for the single family residential portion of the project and Conditional Use Permit Application No. C-04-237 has been filed as the development plan for the golf course and related improvements. The total number of residential units that can be permitted within the project may not exceed the permitted density of the applicable plan designation. The proposed overall project involves 780 single family residential units on a total of 223 acres for a density of 2.78 residential dwelling units per acre. The site is planned for medium-low density residential land uses which allows up to 4.98 units per acre. Based on the above calculations, the subject property will comply with the land use designation. Therefore, based on the above density provisions of the Fresno Municipal Code, the proposed project may be considered consistent with the medium-low density residential/golf course plan land use designation shown for the site on the Edison Community Plan and 2025 Fresno General Plan. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces,walls and fences,parking, loading, recycling areas, landscaping,and other required features;and, rtdmg;at* The applicant has obtained R-1 zoning which would permit the proposed 780-unit single family residential subdivision. In addition, the applicant will be required to provide adequate landscaping, fences, street trees, etcetera. Staff is recommending approval. A •r .�'I�N�..1S.�'tt:r-L...�..:..t►a.{.�: �x;tl+�rYi.-r�:•'��t L�+Ci.'o�'%.i s ". _. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;and, REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 14 r�1 The Public Works Department Traffic Division has determined that the traffic generated by this project can be accommodated by the planned circulation system with improvements completed by the development standards, Urban Growth Management (UGM) Service Delivery policies and Environmental Impact Report No. 10134 and project specific mitigation measures. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. ` Upon completion of review of comments received by affected parties regarding the " proposed project and based upon information contained within the project application, the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in P 1 P P Y P which the property is located. Action by the Planning Commission regarding the proposed tentative tract map and conditional use permit, 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, Edison Community Plan, and the Fresno-Chandler Airport Master and Environs Specific 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 Impact Report No. 10134. Upon consideration of this evaluation, it can be concluded that the proposed Vesting Tentative Tract Map No. T- 5350 and Conditional Use permit Application No. C-04-237 are appropriate for the project area. 1. AFFIRM the action of the Fresno City Council on December 21, 2004, certifying Final Environmental Impact Report No. 10134. 1. APPROVE Vesting Tentative Tract Map No.5350/UGM dated November 10,2004(Sheets 1 through 8) subject to compliance with the Conditions of Approval dated January 19, 2005 and the letters, attached. 2. APPROVE Conditional Use Permit Application No. C-04-237 thereby permitting the construction and operation of an 18-hole golf course on the subject property in substantial compliance with Exhibits Al-1 through Al-11 and Exhibits B though H. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. T-5350/UGM Conditional Use Permit Application No. C-04-237 January 19, 2004 Page 15 ' Attachments: Vicinity Map (Exhibit 1) Conceptual Plan (Exhibit 2) Cross Section Plan Kearney Boulevard (Exhibit 3) Vesting Tentative Tract Map No. 5350/UGM dated November 10, 2004 (Sheets 1 thru 8 ) Conditions of Approval for T-5350/UGM dated January 19, 2005 Letter from Fresno Metropolitan Flood Control District (12-02-04) Letter from Public Works Department (12-3-04) Letter from San Joaquin Valley Air Pollution Control District (10-26-04) Letter from PG&E (11-1-04) Letter from Caltrans (12-24-04) Conditional Use Permit No. C-04-237 dated November 10, 2004 Exhibit Drawings Al-1 through Al-11 Exhibit Letters B through H Environmental Impact Report No. 10134 dated November, 2004 (previously distributed) KAMaster Files-20041—PLAN AMENDMENTSIA-04-030,R-04-097,T-5350 Running Horse\C-04-237,TT No.5350 Running Horse PCR 1-05-04a.wpd i Exhibit 1 i HI E .�..�.. .�..�..� r�......�..�..�.. KEARNEY KEARNEY a V c CHUR 7 T 'I LEGEND Subject Property VICINITY MAP PLANNING dig DEVELOPMENT N. DEPARTMENT VESTING TENTATIVE TRACT MAP NO.T-5350 A.P.N.:Book/Page: 464-02,06;477-02 CONDITIONAL USE PERMIT NO. C-04-237 " E ZONE MAP:2-447,2547 Btwn Marks, Hughes, Whites Bridge& Church NOT TO SCALE s BY/DATE: J.S. / 12-17-04 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL January 19, 2005 VESTING TENTATIVE TRACT MAP NO. 5350/UGM Generally bounded by West Whites Bridge, South Hughes,West Church, and South Marks Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management(UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees,dedications,reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval or conditional approval of Vesting Tentative Tract Map No. 5350/UGM entitled "Exhibit A," (Sheets 1 through 8, no Sheet 2) dated November 10, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading pian 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 Planning and Development Department 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. CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 2 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. 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187, "City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 9. Relinquish access rights to West Whites Bridge Avenue, West Kearney Boulevard, West California Avenue, West Church Avenue, South Hughes Avenue and South Marks Avenues from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 10. Relinquish direct vehicular rights to: a. West Kearney Boulevard CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 3 Landscaping and Walls 11. Pursuant to the 1990 Master Multi-Purpose Trails Manual Policy Nos. 3.2.2, 3.2.3, and 4.3.1, pursuant to the 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-d, E-15-e, E-15-k, E-15-x, within the limits of the tract, the developer/owner shall construct appropriate improvements or provide appropriate security for the improvement of the multi- purpose trail (12 foot) to be constructed on the westerly side of South Hughes Avenue between West Whites Bridge Avenue and West Kearney Boulevard. Also reconstruct both existing multi-purpose trails (12 foot) along West Kearney Boulevard between South Hughes Avenue and South Marks Avenue. 12. Developer shall offer for sale a park site (8.6 acres) acceptable to the City to replace the park which was shown on the City's 2025 General Plan. 13. Provide a 10-foot landscaped easement(and irrigation system) along the rear or side property lines of all lots which back-onto or side on to West Whites Bridge Avenue, West California Avenue, West Church Avenue and South Hughes Avenue. Provide a 20-foot landscaped easement (and irrigation system) along the rear or side property lines of all lots which back- onto or side on to South Marks Avenue. No additional landscaped areas are required along West Kearney Boulevard, however, except for the corner lots (northwest and southwest corner of South Hughes Avenue and West Kearney Boulevard and the northeast corner of South Marks Avenue and West Kearney Boulevard) a six-foot high solid masonary wall, treated with anti-gaffiti paint, shall be installed. Except for the three aforementioned corners, homes along West Kearney Boulevard shall face or side onto West Kearney Boulevard. This will require a redesign of most southerly private street located in the northern grid and shown in Exhibit 2. 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 landscaped easements located along West Whites Bridge Avenue, West California Avenue, West Church Avenue, South Marks Avenue, South Hughes Avenue, and West Kearney Boulevard , and the multi-purpose trails along West Kearney Boulevard and South Hughes Avenue may be the responsibility of the city's Landscaping and Lighting Maintenance District. Contact Public Works Department, Engineering Services Division staff for information regarding the City's District. The property owners shall petition the City for annexation to the City's district prior to final map approval. 15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No. 2, he shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot (Including all outlots) within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping 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 such landscape areas then the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas and proposed private streets, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowners association shall be submitted to the Planning and CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 4 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&R's dated January 11, 1985. 17. Should the City Council approve the annexation, the following features shall be maintained by Community Facilities District No. 2: a. Maintenance of all Landscaping and Irrigation Systems as approved by the Public Works Department within 1/Z of the median islands (to centerline of the median island) within W. Whites Bridge, W. Church, S. Hughes and S. Marks (from Madison to Church)Avenues and bordering the tentative map. b. Maintenance of all Landscaping and Irrigation Systems as approved by the Public Works Department within the median islands within W. California Avenue within the tentative map. C. Maintenance of all Landscaping and Irrigation Systems as approved by the Public Works Department within the median islands within S. Marks Avenue (from Whites Bridge to Madison)within the tentative.map. d. Maintenance of all Historic Landscaping and the new Irrigation Systems as approved by the Public Works Department within the street right-of-way between the North and South walkways along W. Kearney Avenue within the tentative map. e. Maintenance of all Curbs, Gutters, Sidewalks, Street Lights, Median Curbs (to centerline of median) and Street Furniture within W. Whites Bridge, W. Church, S. Hughes and S. Marks (from Madison to Church)Avenues bordering the tentative map. z f. Maintenance of all Curbs, Gutters, Sidewalks, Street Lights, Median Curbs and Street Furniture within W. California Avenue within the tentative map. g. Maintenance of all Curbs, Gutters, Sidewalks, Street Lights, Street Furniture and the whole Median within S. Marks Avenue (from Whites Bridge to Madison) bordering the tentative map. h. Maintenance of all Curbs and Gutters, Sidewalks, Walkways, Street Lights and Street Furniture within W. Kearney Avenue within the tentative map. The homeowner's association shall be responsible for the following items: i. Maintenance of all Landscaping and Irrigation Systems as approved by the Public Works Department within the landscape easements and street easements (from curb to the fence line at the rear of the landscape easements) along W. Whites Bridge, W. Church, S. Hughes and S. Marks Avenues and bordering the tentative map. File:\word\cfd2\ttmapreview\tt5350 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 5 j. Maintenance of ail Landscaping and Irrigation Systems as approved by the Public Works Department within the landscape easements and street easements (from curb to the fence line at the rear of the landscape easements)along both sides of W. California Avenue within the tentative map. k. Maintenance of all Landscaping and Irrigation Systems as approved by the Public Works Department within the landscape easements and street easements (from street side of the North and South walkways to the fence line at the rear of the landscape easements) along W. Kearney Avenue within the tentative map. The HOA will clean the walkways and CFD No. 2 will maintain the walkways. I. 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. M. Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots which back or side onto West Whites Bridge Avenue, West Kearney Boulevard (corners only), West California Avenue, West Church Avenue, South Marks Boulevard, and South Hughes Avenue (solid wall to meet the requirements of Section 12-306-H, Fresno Municipal Code). Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. Building Setbacks 19. Building setbacks shall be in accordance with the R-1/UGM/cz zone district standards for all lots shown on Tentative Tract No. 5350/UGM dated November 10, 2004 (Sheets 1 through 8), pursuant to the provisions of Section 12-207.5-E-1-c of the Fresno Municipal Code and for all outlots pursuant to Section 12-1011(f)(4) of the Fresno Municipal Code. Information 20. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District or Fresno Unified School District as appropriate in accordance with the school district's adopted schedule of fees. 21. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 22. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 23. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/ owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the File:\word\cfd2\ttmaprevieMtt5350 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 6 subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 24. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number: 916-653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 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. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 25. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. File:\word\cfd2\ttm apreview\tt5350 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 7 26. 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. 27. Solid waste disposal for the subdivision shall be provided by the City of Fresno in accordance with the attached memorandum from the Solid Waste Division dated , 2004. PARK SERVICE 28. The developer/owner shall comply with the requirements in the attached memorandum from the Department of Public Works dated December 3, 2004 , for Vesting Tentative Map No. 5350/UGM. Urban Growth Management Requirements 29. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 30. Fire service will be provided by City of Fresno Fire Station No.3 . The station and is partially within the service area of City of Fresno Fire Station No. 3. Provide residential fire hydrants and fire flows per Public Works Standards with two sources of water. 31. The Fire Department will accept cul-de-sacs up to 1,000 feet deep provided: a. streets are minimum 36' wide curb to curb. b. all houses are provided with approved (13-D) fire sprinkler systems supplied by minimum 1 1/2" water service. C. covenants for the maintenance of the fire sprinkler systems shall be provided. d. the last fire hydrant shall be located less than 300' from the cul-de-sac bulb. 32. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Management Requirements 32. As noted in these Conditions of Apporval. STREETS AND RIGHTS-OF-WAY 33. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. File:lwordlcfd2lttmaprevieMtt5350 CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 8 34. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 35. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 36. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 37. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the city, the street lighting system shall be dedicated to the city. Submit engineered construction plans to the Public Works Department for approval. 38. All dead-end streets created by this subdivision shall be properly barricaded in accordance with city standards within seven days from the time the streets are surfaced or as directed by the Engineer. 39. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 40. Major Streets: South Hughes Avenue: Collector 1. Dedicate 47'-55' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct an 80 foot bus bay curb and gutter at the southwest corners of Hughes /Whites Bridge, Hughes / Kearney and Hughes / California to Public Works Standard P-73, complete with a 10 foot monolithic sidewalk. 4. Construct twenty (20)feet of permanent paving (measured from face of curb)within the limits of this subdivision. Page 8 of 22 KAMaster Files-2004\—PLAN AMENDMENT&A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 9 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Hughes Avenue from all lots within this subdivision. South Marks Avenue: Arterial 1. Dedicate 55'-57' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Arterial Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5 or P-7(pedestrian easement required with P-7). Construct sidewalk to a ten (10)foot residential pattern. 3. Construct twenty (20) feet of permanent paving within the limits of this subdivision. 4. Construct an eighty(80)foot bus bay curb and gutter at the northeast corner of Marks/Church, Marks/California and Marks/Kearney to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 6. Relinquish direct vehicular access rights to Marks Avenue from all residential lots within this subdivision. 7. Marks Avenue is designated as an Arterial street, therefore, one (1) opening in the proposed Median Island is permitted (usually at the '/4 mile point). Suggestion: combine openings shown and relocate no closer than 1/8 mile south of Kearney Boulevard. West Whites Bridge: Arterial 1. Dedicate 55'-57' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Arterial Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a ten (10)foot residential pattern. 3. Construct twenty (20)feet of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Whites Bridge Avenue from all lots within this subdivision. West Kearney Boulevard: Scenic Collector 1. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 2. Construct an 80 foot bus bay curb and gutter at the southeast corner of Kearney/Marks and the northwest corner of Kearney/Hughes to Public Works Standard Drawing P-73, complete with a 10' monolithic sidewalk. Page 9 of 22 KAMaster Files-2004\-PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 10 3. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 or an approved alternative (see Public Works Standard Specifications, Section 30 for Ornamental Street Lighting details), within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to Kearney Boulevard from all lots within this subdivision. 6. Golf Cart Tunnels: The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559)621-8693. Encroachment permits must be approved prior to issuance of building permits. West California Avenue: Arterial 1. Dedicate 55'-57' (both sides) of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Arterial Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a ten (10)foot residential pattern. 3. Construct twenty(20)feet of permanent paving within the limits of this subdivision. 4. Construct an eighty(80) foot bus bay curb and gutter at the northwest corner of California/Hughes to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 6. Relinquish direct vehicular access rights to West California Avenue from all residential lots within this subdivision. 7. Golf Cart Tunnels: The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559)621-8693. Encroachment permits must be approved prior to issuance of building permits. West Church Avenue: Collector 1. Dedicate Church Avenue to meet the City of Fresno's Official Plan Line No. 6 from Hughes Avenue to the Fanning Canal crossing, then transition from the 99' wide street to a City collector standard. See Exhibit "C". 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct an 80 foot bus bay curb and gutter at the northwest corner of Church/Hughes to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 4. Construct twenty (20)feet of permanent paving (measured from face of curb)within the limits of this subdivision. Page 10 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 11 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Church Avenue from all lots within this subdivision. 41. Specific Mitigation Requirements: 1. This tract will generate 639 a.m. / 866 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. A "DRAFT" TIS has been submitted for review. This development shall construct all mitigation measures called for in the "FINAL" TIS report approved by the Public Works Department. 2. The intersection of a. California, adjacent to lots 306 and 307 and California, adjacent to lots 699 and 700 shall be limited to right-in and right-out turns. b. California, adjacent to lots 524 and 526 shall be constructed with a full opening to allow for left turns-in and left turns-out. c. Marks, adjacent to lots 16 and 17, shall be designed with a full median opening to allow for left turns-in and left turns-out. d. Whites Bridge (state route 180) and lot 81 shall conform to both City of Fresno and State Standards. e. Marks, adjacent to lots 245 and 298 shall be constructed with a full opening to allow for left turns-in and left turns-out. f. Marks, adjacent to lots 480 and 662 shall be limited to right-in and right-out turns. 3. The first order of work shall include a minimum of two points of vehicular access to the major streets for am phase of this development. 4. Irrigation /Canal•Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 5. Provide a detail sheet identifying the major street and tunnel cross sections and the gated entry details with the Tract Map set of drawings. 6. The design and construction of left turn pockets across Median Islands shall require the approval of the City Traffic Engineering Manager. 7. Gated openings shall be designed per the following criteria: a. Storage: 0-49 dwelling units: minimum storage = 50' 50-100 dwelling units: minimum storage = 75' 100 or more dwelling units: minimum storage = 100' b. Clearance: minimum of 20' at the smallest point. c. The off-site improvements shown on the conditional use permit do not conform to Public Works Standards. Re-design and construct offsite improvements per Public Page 11 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 12 Works Standards P-77, P-29 and P-10. 42. UGM Requirements: This Map is in UGM major street zone E-3; therefore pay all applicable UGM fees. West Whites Bridge Road: Arterial 1. Dedicate and construct (2) two 17' center section travel lanes and a raised concrete Median Island within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading and/or transitions, as necessary, based on a 55 MPH design speed. 2. Dedicate sufficient right-of-way and construct additional paving for eastbound to westbound U-turns at Whites Bridge/Hughes. See Exhibit "B". 3. Dedicate sufficient right-of-way and construct additional paving for westbound to eastbound U-turns at Whites Bridge/Marks. See Exhibit "B". 4. Install signal poles with a 150-watt safety lights to Public Works Standards at the southeast corner of Whites Bridge/Marks. South Hughes Avenue: Collector 1. Dedicate and construct(2) two 17' center section travel lanes with 250' left turn lanes, at all major intersections. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. 2. Install a signal pole with a 150-watt safety light to Public Works Standards at the southwest corner of Hughes/Whites Bridge, Hughes/Kearney and Hughes/California. 3. Design and construct Major Street Bridges at the intersection of Hughes Avenue/Fanning No. 76 Canal (near the intersection of Hughes/Church) and at Hughes/Dry Creek No. 77 Canal (between Whites Bridge/Kearney). West Church Avenue: Collector 1. Dedicate and construct (2) two 17' center section travel lanes with 250' left turn lanes, at all major intersections. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. 2. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest corner of Church/Hughes. 3. Design and construct a Major Street Bridge at the intersection of Church Avenue and the Fanning No. 76 Canal South Marks Avenue Arterial 1. Dedicate and construct (2) two 17' center section travel lanes within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Page 12 of 22 KAMaster Files-2004\-PLAN AMENDMENTSW-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 13 Dedication shall be sufficient to accommodate arterial standards and any other grading or transitions as necessary based on a 55 MPH design speed. 2. Construct a raised concrete median with 250' left turn pockets at all major intersections. 3. Install signal poles with a 150-watt safety lights to Public Works Standards at the northeast corners of Marks/Church, Marks/California and Marks/Kearney. 4. Dedicate sufficient right-of-way and construct additional paving for northbound to southbound U-turns at Marks/Kearney and Marks/California. See Exhibit"B". 5. Dedicate sufficient right-of-way and construct additional paving for northbound to southbound U-turns at Marks/Kearney, Marks/California and Marks/Whites Bridge. See Exhibit"B". 6. Design and construct a Major Street Bridge at the intersection of Marks/Dry Creek No. 77 Canal (near Marks/California). West Kearney Boulevard: Scenic Collector 1. Construct (2)two 17' center section travel lanes within the limits of this subdivision. 2. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest corner of Kearney/Hughes and the southeast corner of Kearney/Marks. 3. Design and construct a Major Street Bridge at the intersection of Kearney Boulevard and the ry Creek No 77 Canal. West California: Arterial 1. Dedicate and construct(2)two 17' center section travel lanes and a raised concrete Median Island within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. 2. Construct a raised concrete median with 250' left turn pockets at all major intersections. 3. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest corner of California/Hughes. 4. Dedicate sufficient right-of-way and construct additional paving for eastbound to westbound U- turns at California/Hughes. See Exhibit"B". 5. Dedicate sufficient right-of-way and construct additional paving for westbound to eastbound U- turns at California/Marks. See Exhibit"B". 43. Traffic Signals Signalize the following intersections: a. Hughes/Whites Bridge b. Hughes/Kearney c. Hughes/California d. Hughes/Church e. Marks/Whites Bridge f. Marks/ Kearney g. Marks/California h. Marks/Church Page 13 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 14 Signalization shall be complete with left turn phasing, loop detection actuation, safety lights, signal preemption and ITS synchronization shall be a condition of this Tentative Tract map subject to the intersection(s) meeting signal warrants. Within 30 days of the City's request, the developer/owner of this project shall conduct 24hr approach counts for the City to evaluate weather or not signal warrants are satisfied. These intersections shall be signalized at whichever comes first a) once the signal warrants are satisfied or b) at such time the City Engineer requests its installation be completed. If within five years after the completion of all phases of this project signal warrants have not been satisfied for a particular intersection then the requirement to signalize such intersection shall be removed as a condition of approval of this project. SANITARY SEWER SERVICE 44. Sanita[y Sewer Requirements The following sewer improvements shall be required prior to providing City sewer service to the project: 1. An in-service 33-inch sanitary sewer is currently located within the proposed project area approximately 600 feet south of West Whitesbridge Avenue and must be abandoned (including sewer easement) before the project can proceed at this location. The developer shall take all precautions to protect the existing sewer until such time flows can be transferred and the City relinquishes its' rights. The City of Fresno is currently soliciting bids to complete connections of the 36-inch Whitesbridge sewer at its downstream-end on Marks Avenue and its upstream-end near West Avenue including the transferring of existing sewer flows and service connections prior to abandonment and relinquishment of the City's rights for the 33-inch sewer pipeline. The project shall be conditioned upon the abandonment of said 33-inch sanitary sewer; and in the event the City is unable to complete the necessary work, the developer shall be required to complete the necessary work prior to proceeding with the project. 2. Relocate the existing sanitary sewer lift station located in West Kearney Boulevard east of Marks Avenue to the north side of West Keamey Boulevard beyond of the proposed street right-of-way. 3. A second sanitary sewer lift station shall be constructed at the northwest corner of South Hughes and Church Avenues, currently designated as lot#693. 4. The developer shall dedicate lift station sites acceptable to the Department of Public Utilities Department for the relocation and/or construction of sanitary sewer lift station facilities. The proposed lift station shall be constructed as directed by the City and the Page 14 of 22 KAMaster Files-2004\-PLAN AMENDMENTSIA-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 15 sites dedicated shall be of a size and configuration acceptable to the Department of Public Utilities Department and provide for required setbacks and service vehicle and equipment access. The developer shall be responsible for all permits (including Conditional Use Permits) required for construction of lift station facilities. 5. The following off-site sanitary sewer extensions are required: a. Extension of an 8-inch sanitary sewer in South Hughes Avenue from West Church to West California Avenue. b. Extension of an 8-inch sanitary sewer in West California Avenue from South Hughes 660 feet west. c. Extension of an 8-inch sanitary sewer in South Hughes from West California Avenue northerly 930 feet. d. Extension of an 8-inch sanitary sewer in West California Avenue from the existing 60-inch sewer in South Marks Avenue approximately 600 feet east to serve the proposed Veteran's Home. e. Extension of an 8-inch sanitary sewer in South Hughes Avenue from West Kearney Avenue northerly approximately 1,275 feet. 6. Sewer mains shall be constructed within the tract as delineated by the City's preliminary sewer review plan to service each lot created. 7. Separate sewer house branches shall be provided for each lot created. 8. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 9. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 10.Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 11.A preliminary sewer design plan layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawings for City review. 45. Sanitary Sewer Fees The Project is subject to the payment of all applicable Sewer Connection Charges. Please contact the City of Fresno Development Department (559) 621-8045 for fees applicable to the project. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. Page 15 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 16 Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities (559) 621-8554 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges. WATER SERVICE 46. Water Requirements The following water improvements shall be required prior to providing City water service to the project: 1. The following off-site water extensions (including installation of City fire hydrants) are required: a. Extension of a 14-inch transmission grid water main in South Hughes Avenue from West Whitesbridge Avenue to West Church Avenue. b. Extension of a 14-inch transmission grid water in South Marks Avenue from West Kearney Boulevard to West Church Avenue. c. Extension of a 14-inch transmission grid water in West California Avenue from the existing 12-inch water main approximately 4,600 feet west to South Marks Avenue. d. Extension of a 14-inch transmission grid water in West Church Avenue from South Marks Avenue to South Hughes Avenue. 2. Provide a well site(s) of a size(s) and at a location(s) acceptable to the Water Systems Manager. The Cost of acquiring the well site(s) and construction of the well(s) shall be funded from UGM Water Supply Well Service Area # 401 s. In the event there are insufficient funds available in the UGM Water Supply Well Service Area # 401 s, the developer shall construct the well(s) and shall be reimbursed from the UGM Water Supply Well Service Area # 401 s in accordance with established UGM policies. The well(s) shall be capable of producing a combined minimum of 1,800 gallons per minute. 3. Water well construction shall include wellhead treatment facilities, if required. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area #401s, in accordance with established UGM policies. 4. A water model analysis for the water distribution system located within the tract shall be provided for review to the City of Fresno Water Division and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for City approvals. Page 16 of 22 KAMaster Files-2004—PLAN AMENDMENTSW04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 17 5. Separate water services with meter boxes shall be provided to each lot created. 6. Installation(s) of public fire hydrant(s) are required in accordance with City Standards 7. Provide easements for water mains constructed between lots. The easement shall be 20 feet in width to provide access for future pipeline maintenance. If the connecting pipeline is installed inside a steel casing, the easement width may be reduced to 10 feet. 8. Water main connections crossing the golf course from the following proposed streets shall not be allowed a. Turnberry Isle Court and Lahontan Drive b. St. Andrews Court and Delmonte Drive c. Brandon Dunes Court and Running Horse Street d. Pasadera Court and Poppy Court 9. 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. 10. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 11. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 12. Surface water (FID) shall be utilized as the primary source for golf course irrigation purposes and other non-potable water features. Connection to the City of Fresno municipal water system for irrigation purposes and other non-potable water features shall be utilized as a backup supply only. Installation of meter and back flow device shall be required. 13. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. 47. Water Fees The Project is subject to the payment of all applicable Water Connection Charges. Please contact the City of Fresno Development Department (559) 621-8045 for fees applicable to the project. Wet-ties and meter(s) installations to be preformed by the City of Fresno Water Division Urban Growth Management Requirements 48. Payment of appropriate water connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. Page 17 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 18 URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 49. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 50. 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 51. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 52. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. Page 18 of 22 KAMaster Files-2004\-PLAN AMENDMENT&A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 19 53. 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 December 2, 2004. 54. 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 55. The developer/owner shall comply with the requirements in the letter from the Fresno Irrigation District dated October 26, 2004, for Vesting Tentative Map No. 5350/UGM. AIR QUALITY 56. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated October 26, 2004, for Vesting Tentative Map No. 5235/UGM. HISTORIC PRESERVATION 57. A farm house complex was found, in the EIR, to eligible for nomination to Local Historic Preservation Commission. Take necessary steps to preserve or relocate structure. Project shall comply with Public Works requirements to preserve historic landscaping along West Kearney Boulevard as detailed in the memorandum dated December 3, 2004. Developer shall meet with Historic Commission for final refinement to the landscaping, signage, bike/pedestrian trails and related improvements along West Kearney Boulevard. DEVELOPMENT FEES AND CHARGES 58. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree Page 19 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd ■ CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 20 C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE g. Metropolitan Flood Control District Fee ` Contact FMFCD for new Rates increased as of March 1, 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) I. Oversize Charge $0.05/sq. ft. (to 100-foot depth) j. Trunk Sewer Charge n/a Service Area: k. Wastewater Facilities Charge $2,119/living unit Copper Avenue Sewer Lift Station n/a Fowler Trunk Sewer Interim Fee Surety n/a I. House Branch Sewer Charge n/a m. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE n. 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. o. Frontage Charge $6.50/lineal foot Page 20 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 21 p. Transmission Grid Main Charge $643/gross acre q. Transmission Grid Main Bond Debt Service Charge $243/gross acre r. UGM Water Supply Fee $371/living unit Service Area: 401-S S. Well Head Treatment Fee $31/living unit Service Area: 401 t. Recharge Fee $0/living unit Service Area: 401 U. 1994 Bond Debt Service $0/living unit Service Area: 401 DEVELOPMENT IMPACT FEE FEE RATE V. Northeast Fresno Policing Area n/a Traffic Signal Charge Residential Medium, Medium-Low, Low Density $478/living unit Residential Medium-High Density $382/living unit Residential High Density $334/living unit Industrial $0.34/sq. ft. Public Facility $1.72/sq. ft. Commercial $2.06/sq. ft. Commercial Fast Food $23.71/sq. ft. Commercial Mini-Mart w/gas $40.40/sq. ft. URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* w. UGM Fire Station Capital Fee $800/gross acre R-1) Service Area: Undesignated $250/gross acre R-2) X. UGM Park Fee $3219/gross acre R-1) Service Area: 3 $858/gross acre R-2) y. Major Street Charge $4053/adj. acre Service Area: E-3 Z. Major Street Bridge Charge $232/adj. acre Service Area: E-3 Page 21 of 22 KAMaster Files-2004\—PLAN AMENDMENTS\A-04-030, R-04-097,T-5350 Running Horse\T-5350 COA.wpd CONDITIONS OF APPROVAL Vesting Tentative Map No. 5350/UGM January 19, 2005 Page 22 aa. Traffic Signal Charge $478/adj. acre bb. UGM Grade Separation Fee n/a cc. Trunk Sewer Charge n/a Service Area: dd. *Street Acquisition/Construction Charge n/a K:\Master Files - 2004\--PLAN AMENDMENTS\A-04-030, R-04-097, T-5350 Running Horse\T-5350 COA.wpd Page 22 of 22 KAMaster Files-2004\-PLAN AMENDMENTS\A-04-030,R-04-097,T-5350 Running Horse\T-5350 COA.wpd File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager RUNNING HORSE,LLC Planning & Development Department ATTN: TOM O'MERA City of Fresno 26619 CARMEL CENTER PLACE,#200 2600 Fresno Street CARMEL, CA 93922 Fresno, CA 93721 MAP NO. 5350 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) "NN","QQ","ZZ" DRAINAGE AREA " NN " $868,006.00 DATE J 2 ZW-p4 DRAINAGE AREA " QQ " $241,571.00 DRAINAGE AREA ZZ $71,587.00 TOTAL FEE $1,181,164.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to w 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. 5350 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No.4-4 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: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: 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 X d. See Exhibit No. 2. 5. The proposed development: X Appears to be located within a X 500 year X 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. Does not appear to be located within a flood prone area. 5350 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 of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a M4 . State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is Z 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. 5350 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. g, 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. erald E. Lak man, Proj t Engineer: Jamie Miller District Engineer, Assistant General Manager C: THOMPSON-HYSELL ENGINEERS 1016 12th STREET MODESTO, CA 95354 5350 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: I I THIS DRAWING IS SCHEMATIC• 18 DISTANCES ARE APPROXIMATE Q I IN I' < WHITESBRIDGE24° 30° 30" 30° AVE. "ZZ" X25' � "NN/QQ" 60" i v 30' BASIN "ZZ",",",� a z " N KEARNEY BLVD. o r 1' cV f O 1 30" 30" �. ca � . i CALIFORNIA 24' 48" AVE. .•• 25' d- `4„ ✓ � 60" " 42, 36" 36", 30" 1 30' N j BASIN N = SCALE i"=1200' l "NN/QQ" "NN CHURCH N 24" "CP" AVE. LEGEND ® Storm Drainage Easement Location p——— Existing Master Plan Facilities ® 30'Temp.Construction Easement ®--- Future Master Plan Facilities Master Plan Facilities To Be Constructed By Developer-Pipeline(size Shown)&Inlet. Drainage Area Boundary TRACT 5350 v:. EXHIBIT N0. 1 DRAINAGE AREAS: "NN/QQ", do FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY:MM DK REVISED Sr. — DA OTHER REQUIREMENTS EXHIBIT NO. 2 FMFCD has an adopted Storm Drainage and Flood Control Master Plan for all of the proposed area of Tentative Tract 5350. However, the developer proposes to develop in a manner requiring re-planning of Drainage Areas "NN" and "QQ". A portion of the Tentative Tract 5350 lies within Drainage Area "ZZ" and this portion of the development can be served and connected to the Drainage Area "ZZ" storm drainage collection system with only small modifications to the boundary. The developer shall obtain FMFCD approval of any alternation of this drainage area boundary before approval of the grading plan (earlier approval is recommended). With respect to Drainage Areas "NN" and "QQ", the developer must comply with the current Master Plan unless the developer enters into a relocation agreement with the City of Fresno and FID for the 80 acre recharge facility currently located within Tentative Tract 5350 and also incorporate the right for the FMFCD to utilize the portion easterly of Dry Creek for a storm water basin to serve Drainage Areas "NN" and"W'. Tentative Tract 5350 must be substantially revised if the City/FID recharge pond is not relocated and a drainage basin incorporated and in that event FMFCD reserves the right to review and submit a new "Notice of Requirements". FMFCD is submitting this "Notice of Requirements" based upon a relocation of the recharge pond and the incorporation of a storm water basin. The drainage fee structure is based upon the adopted Storm Drainage Master Plan and it includes all of the drainage area including the lakes and golf course. The subject tentative tract lies within the drainage fee schedule for the original area of the District (Zone 2). As such, Zone 2 rates are well below the full cost rates necessary to fund the Drainage Area "QQ/NN" facilities. Therefore, fees will be applied to all of these areas. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. The final fee will be based on the final map and the fee in effect at the time and will likely be a newly adopted plan. The following are requirements and also dependent upon the aforementioned basin relocation agreements. Facilities identified as Master Plan assume that a new Master Plan will be adopted consistent with Exhibit No. 1. The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,.the difference shall be paid upon demand to the City or FMFCD. Development No. Tract 5350 Page 1 of 3 perm its\exh i biMtract\53 500 m) OTHER REQUIREMENTS EXHIBIT NO. 2 FMFCD recognizes that the developer's proposed street patterns for Tentative Tract 5350 are not consistent with the alignment of the Master Plan facilities, as identified on Exhibit No. 1. The storm drain facilities may be slightly realigned to be compatible with the proposed street layout for Tract 5350. However, drainage fee credit will only be granted for the Master Plan facilities identified on Exhibit No. 1. All additional lengths of storm drainage pipeline above FMFCD's existing Master Plan lengths will be at the sole expense of the Developer. In addition, drainage fee credit will not apply to costs associated with deepening the Master Plan facilities due to any potential crossings under the proposed depressed golf course areas. The Developer shall have prepared at the Developer's expense an overall master plan of the project area (in a digital format compatible with FMFCD GIS), the hydrology and hydraulic calculations and basin design documents, all to FMFCD standards reflecting the consolidation of Basin "QQ" and Basin "NN" into one basin at the location shown in Exhibit No. 1. Such documents shall be prepared and approved prior to the storm drain plan review. The Developer must conform to the attached FMFCD lakes policy. The currently submitted site plan (map) depicts the storm drainage system inter-tied with the proposed golf course's lakes. FMFCD strongly opposes this method of storm drainage and will not approve any design that incorporates the storm drain system into the lakes. Retaining drainage in the lakes for only the golf course and lakes may be acceptable. However, the map and lake design management plan do not clearly identify such (plan doesn't say all lots will drain away from golf course). The Developer will need to submit to FMFCD a more complete operational plan for the lakes prior to the approval of the tentative map. Additionally, the preliminary operational plan will need to be approved by the City of Fresno, Fresno Irrigation District, and FMFCD. The operational plan (Running Horse Lakes Design Report and Management Plan) currently does not identify the elevations of the lakes with respect to any physical improvement (lots, golf course, canal). The developer has indicated verbally the lakes are depressed along with the golf course. That being the case, the following statement in the Management Plan indicates a pump will be installed to flow water to the canal: "subsequent flow beond the designated detention volume will flow from the lakes to the existing canal" (page 1, 2 paragraph of Management Plan). Discharges to the canal from November 1St to April 301h shall be subject to prior approval of FID and FMFCD. The Developer, FID, and FMFCD need to reach an agreement on the pump discharge location (discharge to the canal or discharge to the storm drainage system) and the timing of such discharges. It is necessary for the developer to improve the Lakes Operational Plan to identify relative elevations of golf course, lakes, canal and lots prior to approval of Tentative Tract 5350. Development No. Tract 5350 Page 2 of 3 permits\exh ibi Mtract153500m) OTHER REQUIREMENTS EXHIBIT NO. 2 The proposed conversion of the Dry Creek canal into the lake features of the proposal must include mitigation measures to insure no negative impacts to flood routings are created. Currently, flood flows are routed through this canal and that flood conveyance capacity must be preserved. Design requirements of the lakes shall include a prohibition on the use of levees or dams to provide flood flow capacities. A more complete operational plan must be provided prior to the approval of Tentative Tract 5350. The final operational plan is subject to approval from FMFCD, FID, and City of Fresno prior to approval of any Final Map. The original Master Plan/joint use (City of Fresno, Fresno Irrigation District, and FMFCD) basin has a perimeter fence and is significantly excavated for capacity under the original Master Plan for Drainage Area "QQ". The Developer must excavate capacity for the new "NN", "QQ" site and fence entire perimeter, including between the basin and the canal, of the eastern basin. The final basin design is to be subject to FMFCD approval and the relocation of the joint use site is subject to Department of Water Resources approval. The construction of the off-site storm drainage facilities shown on Exhibit No. 1, will provide Tentative Tract 5350 with permanent drainage service. The Developer shall acquire a minimum twenty five-foot (25') wide storm drain easement and thirty-foot (30') wide temporary construction easement, as shown on Exhibit No. 1, at no expense to FMFCD. The FMFCD will consider eminent domain proceedings for the easements on behalf of the Developer if he cannot negotiate an acquisition. The Developer shall deposit with FMFCD the estimated easement and appraisal costs with the Developers authorization to proceed with any acquisition. The deposit shall include all acquisition costs, including if determined by FMFCD to be warranted, applicable legal costs. Development No. Tract 5350 Page 3 of 3 perm its\exhibit2\t=653506m) Date Adopted: January 26, 1987 POLICY MANUAL Date Last Amended: ' Classification: PROGRAMS Subject: Private Lakes Approved By: 1. The preservation,conservation and recharge of the surface water entitlements of the Fresno- Clovis metropolitan area for recharge of the local groundwater aquifer is a long-term objective of the Fresno Metropolitan Flood Control District. The following represents suggestions to all involved entities to assist in securing this objective. 1. A private lake developer should demonstrate that the proposed lake(s): (1) will not have a substantial negative impact on water use when compared to the alternative of other open-space uses such as landscaping; (2) will not increase net water use or increase the risk of negative groundwater quality impacts; and (3) will not divert water from a more efficient or productive recharge facility resulting in increased evaporation losses and recharge efficiency losses. 2. The surface water entitlement used for private lake water level maintenance, or recharge within the private lake,should be the subject of an entitlement contract with the entitlement agency. Such contract should provide that the private lake shall be subordinate in water delivery priority to public recharge facilities also relying on surface water deliveries,and,that said agency will satisfy all delivery requirements to public facilities before delivery is made to private facilities. 3. A private lake developer who includes recharge in the lake's purpose should agree to forfeit receipt of surface waters when it is determined that the maintenance required to sustain such recharge is no longer performed or has become ineffective in maintaining the lake's recharge capacity. 2. The construction, filling, operation and maintenance of private lakes for aesthetic,recharge or storm water purposes creates direct impacts on the District through increased risk of flooding and system impact. The following are District policies concerning the design, construction, operation and maintenance of such facilities: 1. The private lake design, construction and operation must avoid the creation or maintenance of conditions conducive to mosquito breeding. Such design, construction and operations plan must be reviewed and approved by the appropriate mosquito abatement authority. board\policies\perm\private lakes 1 Date Adopted: January 26, 1987 POLICY MANUAL Date Last Amended: . Classification: PROGRAMS Subject: Private Lakes Approved By: 2. The private lake plan must provide for appropriate and regular maintenance. If groundwater recharge is a design purpose of the lake,the maintenance program must maintain the lake's recharge capacity. 3. The design of the private lake(s)must include sufficient free-board area and volume to safely control overfilling due to error, accident or rainfall. The following minimums apply: (1) Such area and volume shall be sufficient to accept a thirty-six hour error in maximum FID delivery. (2) Such area and volume shall be sufficient to accept one-half foot of rainfall on the area of the lake and any additional drainage area contributing runoff to the lake, this volume requirement in addition to 2.c(1). 4. The private lake design and operations plan shall include a plan of relief and dewatering. If the lake is directly connected to, or overflows to, FMFCD facilities then both of the following are required: (1) an automatic valve to shut off deliveries into the lake when the design water surface elevation is reached; (2) the granting of authority to FMFCD to enter the premises and manually shut off lake deliveries. 5. The private lake developer shall prepare a formal maintenance program which specifically identifies, among other details, the timing and method of lake draining for maintenance purposes. If drained to FMFCD facilities,a prior written agreement with FMFCD is required. 6. When the private lake is to include storm runoff management in its design, construction and operation, the following conditions must be met: (1) The lake must have a method of direct relief to FMFCD facilities. board\policies\perm\private lakes 2 Date Adopted: January 26, 1987 POLICY MANUAL Date Last Amended: - Classification: PROGRAMS Subject: Private Lakes Approved By: (2) The lake developer must provide engineering calculations to demonstrate the routing of a 100-year 10-day event through the lake,such design to provide a minimum free-board of 1 feet above the 100-year water surface elevation. If in-lake storage for the 100-year event is proposed, a means of after event dewatering the lake to restore the design capacity for the 100-year event is required. (3) The lake developer must pay standard drainage fees on total area of development, provided: (1) If the FMFCD facilities must be extended or increased due to the lake development proposal, any increase in FMFCD system costs or pro- rata costs per parcel within any drainage area must be paid in cash in addition to the standard drainage fees. (2) If development and related storm drainage use of the lake does not have a negative impact on the FMFCD system and its costs, or costs per parcel,then fees will not be required on the area of the lake when such area is zoned open-space. (3) All replanning, engineering and related costs to restructure the FMFCD system to accommodate a private lake as a component of the public drainage system must be paid by the developer, in addition to standard drainage fees, to the District. (4) A public drainage easement encompassing the area of the lake and related free-board shall be granted at no cost to FMFCD. (5) The private lake developer must develop and ensure full implementation and funding of an on-going lake maintenance program. The developer may contract with FMFCD for performance of maintenance work. (6) The private lake developer shall provide liability insurance of the type and limits determined by FMFCD. Developer shall ensure continued coverage of FMFCD and the development by such insurance. board\policies\perm\private lakes 3 Date Adopted: January 26, 1987 POLICY MANUAL Date Last Amended: Classification: PROGRAMS Subject: Private Lakes Approved By: 7. The District shall prohibit all non-storm drainage discharges into its systems, including those systems which drain into private lakes, District basins, District pumping plants,and the San Joaquin River. All discharges into the District's system shall comply with established storm water quality discharge standards as may be enacted by appropriate local State and Federal agencies. board\policies\perm\private lakes 4 D E P A R T M E N T O F P U B L I C W O R K S TO: Bruce Barnes, Project Manager Planning Division FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690) DATE: December 3, 2004 (Revised) Subject: Tentative Tract 5350/C.04.237 The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Running Horse, LLC., on engineering drawings plans prepared by Thompson-Hysell Engineers dated October 4, 2004. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES and MEDIAN ISLAND LANDSCAPE. STREET TREE REQUIREMENTS A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage. The subdivider is required to provide street trees on all public street frontages. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: STREET NAME STREET TREE SPECIES South Hughes Ave Sapium sebiferum West Whites Bridge Quercus lobata, (Valley Oak) West Church Ave. Quercus lobata, (Valley Oak) South Marks Ave Sapium sebiferum West California Ave. Pistacia chinensis, (Chinese Pistache) West Kearney Blvd. Existing MEDIAN ISLAND LANDSCAPE REQUIREMENT A. MEDIAN LANDSCAPING REQUIRED: Median Island landscape is required in the median islands on South Marks Avenue, West Whites Bridge Road and California Avenue.. Applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project. Existing utilities, including, but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines, existing landscaping including trees, shrubs, ground cover beds, irrigation facilities, and other miscellaneous landscape features shall also be clearly defined. Median islands shall be landscaped as required by FMC 12-N-306-24. Landscape and irrigation plans shall be submitted for median island(s) that are not currently planted with a full range of ornamental vegetation, including trees, shrubs, and ground covers. PROTECTION OF HISTORIC PLANTINGS ON KEARNEY BLVD. Department of Public Works comments T-5350 Tentative Map November 3.2004 page 2 FMC Section I I-305(h)(2) Any tree growing upon public property near any excavation, construction or street work shall be sufficiently guarded and protected by those responsible for such work so as to prevent any injury to said tree. No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of four feet from any public tree without permission of the Director. The Department of Public Works shall require the developer to provide a certified Arborist to inspect and draft a report addressing the existing Palms, Eucalyptus, Oleander, Pampas grass and shrubs growing within the public right of way/pedestrian easement on Kearney Boulevard. As a result of the inspection, Public Works shall be provided a written report detailing the current condition of all plant material within the public right of way. A complete site survey indicating location, size and species of all plant material shall be included with the Arborist's report. The report shall provide a long term maintenance program detailing a pruning plan, insect and/or disease control measures as needed, and any other maintenance practice that the certified Arborist deems necessary. The report shall also detail a protection plan for plant material, which would include protecting the root zones as well as tree trunks and branches during the construction phase. The developer is required to prevent soil compaction near the root zones. If the Arborist determines plant material is in need of removal, he/she shall propose that in the written report and recommend replacement trees. Appropriate species and size of plant material shall be proposed for replacement. A plan for watering replacement plant material shall also be required and detailed in the report. LANDSCAPE REQUIREMENT FOR MULTIPURPOSE TRAIL CONSTRUCTION ALONG SOUTH HUGHES AVENUE AND THE SOUTH SIDE OF KEARNEY BOULEVARD A. The trail shall be constructed in accordance with the Master Trails Manual." The subdivider is responsible for landscape and irrigation improvements of the multipurpose trail along South Hughes between Whites Bridge to Kearney Boulevard, then Kearney Boulevard west to Marks Avenue, both north and south sides. The subdivider is responsible for all landscape and irrigation improvements associated with the multipurpose trail construction. Plans shall be submitted and shall include landscaping and irrigation design. These plan shall be approved by THE DEPARTMENT OF PUBLIC WORKS. Landscaping within the multipurpose trail shall include large, medium and low-growing shrubs planted from 3' to 6' apart depending on variety, and trees spaced approximately 25' to 45' apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. GOLF COURSE PROTECTIVE NETTING A. THE SUBDIVIDER IS REQUIRED TO CONSTRUCT PROTECTIVE NETTING ON THE NORTH SIDE OF WEST KEARNEY BLVD.,THE CORNER OF WEST CALIFORNIA AND SOUTH HUGHES, SOUTH HUGHES BETWEEN LOTS 744 AND 615,THE NORTH SIDE OF THE 17 HOLE ALONG WEST CALIFORNIA. LONG TERM LANDSCAPE MAINTENANCE REQUIREMENTS Department of Public Works comments T-5350 Tentative Map November 3,2004 page 3 A. The subdivider is required to provide landscape maintenance /irrigation for all required landscaping. The subdivider may do this by petitioning for annexation into the Community Facilities District (CFD) or by forming a Home Owner's Association. Long term landscape maintenance is required in the following areas: • Median island landscape on South Marks Avenue, West Whites Bridge Road and California Avenue. • Existing Historic trees and shrubs within the public right of way on West Kearney Boulevard. • All applicable landscape easements. • Trail section along South Hughes Avenue and West Kearney Blvd. • Street trees required on all public street frontages. B. Buffer Maintenance Through Annexation to the Community Facilities District Landscape and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC WORKS for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with I' of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES DIVISION. 4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the city - controlled easement or on the fence or wall facing the street. 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the Department of Public Works comments T-5350 Tentative Map November 3,2004 page 4 CFD. San Joaquin Valley Air Pollution Control District - October 26, 2004 r Reference No. 685DEV2004 Reference No. 706DEV2004 Bruce Barnes Planning and Dev. Dept. 2600 Fresno St., Third Floor Fresno, CA 93721 OCT 2 9 x�J4 Subject: T-5350, C-04-237—Running Horse, Phase II Dear Mr. Barnes: The San Joaquin Valley Unified Air Pollution Control District (District) has previously commented on this project and has the following additional comments: Previous Comments- • To Bruce Barnes for Running Horse Project NOP DEIR Sent May 10, 2004, Ref. No. 20040032 • To Bruce Barnes for DEIR 10134— Running Horse Development Project Sent September 23, 2004, Ref. No. 20040078 There are a number of measures that can be incorporated into the construction phase of the project to provide additional reductions to construction emissions. The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider. From Table 6-3 of the District's Guide to Assessing and Mitigating Air Quality Impacts 2002 revision (GAMAQI) Limit traffic speeds on unpaved roads to 15 mph Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks, or was off all trucks and equipment leaving the site Install wind breaks at windward side(s)of construction areas Suspend excavation and grading activity when winds exceed 20 mph Limit area subject to excavation, grading, and other construction activity at any one times From Table 6-4 of the GAMAQI - Use catalyst equipped diesel construction equipment. - Minimize'idling time(e.g. 10 minute maximum) - Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use. The project applicant should specify the conditions of reduced hours or reduced amount of equipment. Hours can be reduced under certain circumstances such as during levels of high ambient air pollution or during peak travel on nearby roads. Mr. Barnes October 26,2004 T-5350, C-04-237 Page 2 - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. The project applicant should state the criteria for curtailing construction activities, and the steps that will be taken to reduce emissions. For curtailment during periods of high ambient pollutant concentrations, the criteria could be set in terms of the Air Quality Index. See the table below for more information on the Air Quality Index. Air Quality Index Numerical Levels of Health Value Meaning Concern Good 0-50 Air quality is considered satisfactory, and air pollution poses little or no risk. Air quality is acceptable; however,for some Moderate 51-100 Pollutants there may be a moderate health concern for a very small number of people who are unusually sensitive to air pollution. Unhealthy for Members of sensitive groups may experience Sensitive Groups 101-150 health effects. The general public is not likely to be affected. Everyone may begin to experience health Unhealthy 151-200 effects; members of sensitive groups may experience more serious health effects. Very Unhealthy 201-300 Health alert: everyone may experience more serious health effects. Hazardous >300 Health warnings of emergency conditions. The entire population is more likely to be affected. http://www.epa.gov/airnow/agi.html#qood Implement activity management (e.g. rescheduling activities to reduce short-term impacts) Additional Construction Measures Pave haul roads in the project area. Construction equipment should have engines that are Tier II (if available as certified by the Air Resources Board). Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. Onsite equipment should be equipped with 1998 or newer engines. Engines built after 1998 are cleaner Tier II engines. To find engines certified by the Air Resources Board, see http://www.arb.ca.gov/msproq/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559) 230-5831. Off road trucks should be equipped with on-road engines when possible. Mr. Barnes October 26,2004 T-5350, C-04-237 Page 3 - Light Duty Cars and Trucks should be alternative fueled or hybrids. www.fueleconomy.gov http://www.eere.energv.aov/cleancities/index.html (Clean Cities Program) and www.driveclean.ca.gov have resources to find alternative fueled or hybrid vehicles. - Web Resources. See the Air Resources Board's website for more information on reducing emissions from diesel engines. California's Diesel Risk Reduction Plan http://www.arb.ca.gov/diesel/documents/rrpapp.htm. Specifically- Appendix 3 Mobile Diesel- Fueled Engines and Appendix 9 Diesel PM Control Technologies. Another website for reducing construction emissions is the UC Davis-Caltrans Air Quality Project at http://acip.engr.ucdayis.edu/. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information;please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, �}-- Chrystal Meier Student Intern Central Re ion Hector R. G a Senior Air Quality Planner c:file Pacific Gas and Electric Company® Corporate Real Estate 650 "0"Street, Bag 23 South Valley Land Services Fresno, CA 93160-0001 November 1, 2004 Thompson-Hysell Engineers Attention: Pam Hurban, Land Planner 1016 12th Street Modesto, CA 95354 RE: Vesting Tentative Tract Map No. 5350—NEC Church&Marks—City of Fresno Our File: West Fresno-Herndon 110KV Tower Line easement(vacant) Dear Ms. Hurban: As we discussed in our telephone conversation on Thursday, October 28, Pacific Gas and Electric Company (PG&E) owns the above referenced easement, currently vacant, for an electric transmission tower line that crosses within your project's boundaries between Church and California Avenues. Copies of our easement documents have been enclosed for your use in plotting the half mile section, Marks Avenue to Hughes Avenue, on your Vesting Tentative Map. It is PG&E's policy to permit certain uses within its electric transmission easements provided such uses, and manner in which they are exercised, will not interfere with PG&E's rights or endanger its facilities. Some examples that may be of interest to you are as follows: 1) Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within easement areas. 2) Grading: Cuts, trenches or excavations must not be made within 25 feet of our towers. Our engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-conductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure. 3) Fences: Heavy equipment access to our facilities is to be maintained at all times. Metal fences are to be grounded to PG&E specifications. No fence is to be installed within 10 feet of tower footings and open access must be maintained from a tower structure to the nearest street. Retaining or sound walls and property line fences proposed along or within the easement will require PG&E review. 4) Landscaping: Landscaping is allowed. On overhead electric transmission easements, trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. Reasonable access to our facilities is to be maintained, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged. 5) Reservoirs, Sumps, Drainage Basins, Ponds: Allowed, provided reasonable access to facilities is maintained and ground clearances above the water surface are maintained. Ms. Pam Hurban November 1, 2004 Page 2 6) Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. Heavy equipment access to our facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of our facilities from vehicular traffic is to be provided at developer's expense to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed. 7) Storage of Flammable, Explosive or Corrosive Materials: This is not allowed, including the storage of trash. No trash bins or incinerators allowed. 8) Streets and Roads: Access to facilities to be maintained. Facilities to be provided with protection from traffic. Street lights may be allowed in the easement but in all cases must be reviewed by PG&E for proper clearance. 9) Pipelines: Pipelines are allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems are allowed. Leach fields and septic tanks are not allowed. 10) Signs: Signs are not allowed except in,rare cases subject to individual review by PG&E. 11) Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue pits are allowed, but require special PG&E review and approval. Pedestrian trails are allowed. 12) Construction Activity: Since construction activity will take place near PG&E's overhead electric lines, please be advised it is the contractor's responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety, as well as any other safety regulations. For more information regarding safety regulations, clearances, or other safety advice, PG&E's Electric Transmission Supervisor can be reached at (559) 263-7100. Also the Supervisor must be informed 72 hours prior to any construction activity within PG&E's easement. PG&E encourages you to contact this office regarding specific uses as early as possible in the planning stages of any proposed construction within PG&E's easement. If you have any questions regarding our easement location, plotting the easement, or should someone from your Title Company like to discuss this matter please call me at 559-263-7373. eerely, W JI l�-r Yj Land Agent RTW:dkj Enclosures cc: L,Trruce Barnes, City of Fresno Project Manager Elvera Griffith, Chicago Title Company i ' r ` ago � • r � � m wo o %uu�uuum�ii��� . l I ��.��' �� `� •Illi ,. I� �= I �� I �I111U IIII �t1►��II� .; ►11 1111►► ;��' I Ric�������0 3� GGGGGGG�rGi I!_ 11 o �'►moi •�►�►i�� �' �r i I w�U11�®p1 1111®renally llil I ■ STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE 559 445-6666 - FAX (559)488-4088 Flex yourpowet! Be energy efficient. TTY (559)4884066 _ L L r. December 29, 2004 2131-IGRlCEQA 6-FRE-180-55.1 RUNNING HORSE DEVELOPMENT SCH#2004041023 Mr. Bruce Barnes, Project Manager City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Barnes: The project known as Running Horse was approved by the City Council on December 21, 2004. The project is located between the north-south streets of Marks and Hughes, and the east-west roadways of State Route (SR) 180 and Church Avenue. "Exhibit D,"the FEIR Mitigation Monitoring Report, identified mitigation to Whites Bridge Avenue, currently a State facility(State Route 180). Upon noting this in the staff report, Caltrans requested, and was promised by staff, that the Mitigation Monitoring Report would be corrected to include Caltrans in the"Compliance Verified By" column and to include the need to complete and submit the State-required Mitigation Monitoring Form to Caltrans. Caltrans was assured by staff that there would be no problem in including this as an EIR addendum and that the addendum would be introduced at the Council Hearing. Based on this, Caltrans did not attend the hearing. Apparently, prior to the Council hearing, the City made the decision not to include this reporting requirement as an addendum to the EIR. Caltrans was not informed of this decision. Had we been, we would have attended the hearing. Caltrans acted in good faith, taking staff at their word, and we are concerned that we were not even notified of the City's change of heart. The Mitigation Monitoring Report may be included, subsequent to the EIR, as a condition to a tract map, CUP, etc. As there are to be subsequent actions on this project, Caltrans requests that the requirement for submitting this report, per CEQA, PRC Sect. 21081.4, 21081.6 and 21081.7, be included as a condition of the Running Horse project stage that will be heard by the Planning Commission on January 5, 2005. The "Guidelines for Submitting Transportation Information from a Reporting or Monitoring Program to the Department of Transportation"(TMM Submittal Guidelines) are enclosed. The TMM Submittal Guidelines discuss the scope, purpose and legal requirements for mitigation monitoring reporting and submittal, specify the generic content for reports, and explain procedures for timing, certification and submittal of reports. "Caltrans improves mobility across California" Mr. Bruce Barnes December 29, 2004 Page 2 Caltrans would like to remind the City that, should the identified mitigation to State Route 180 need to be implemented prior to Caltrans relinquishing the facility to the City, the applicant will need an encroachment permit from Caltrans. The Mitigation Monitoring Report needs to be submitted prior to submittal of the application for the encroachment permit. We request that this letter be made part of the permanent public record for this project and that a copy of our letter be included in the staff report for the Planning Commission hearing to be held on January 5, 2005. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please be advised that any future development adjacent to a State Route, whether the entitlement is deemed by the lead agency to be discretionary or ministerial should be sent to Caltrans for review. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C: Mr. Nick Yovino, City of Fresno, Development Department Mr. James Sanchez, City of Fresno, Attorneys Office Mr. Steve Samuelian, Applicant's Representive Ms. Barbara Goodwin, Council of Fresno County Governments Mr. Scott Morgan, State Clearinghouse Mr. James Perault, Caltrans Encroachment Permits "Caltrans improves mobility across California" C* - av$vlw Guidelines for Submitting Transportation Information from a Reporting or Monitoring Program to the California Department of Transportation for a Project of Statewide, Regional, or Areawide Significance California Department of Transportation July 9, 2004 California Department of Transportation (Department) GUIDELINES FOR SUBMITTING TRANSPORTATION INFORMATION FROM A REPORTING OR MONITORING PROGRAM TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (DEPARTMENT) INTRODUCTION The California Environmental Quality Act (CEQA) requires, under Public Resources Code (PRC) Section 21081.6, the adoption of reporting or monitoring programs when public agencies include environmental impact mitigation as a condition of project approval. Reporting or monitoring takes place after project approval to ensure implementation of the project in accordance with mitigation adopted during the CEQA review process. Assembly Bill 1807 (effective January 1, 2001) amended the PRC in a number of ways. Section 21080.4 was amended to add a requirement that lead agencies submit Notices of Preparation (NOPs) to the Governor's Office of Planning and Research when they determine that an environmental impact report will be required to approve a project. Section 21081.7 was amended with two additional provisions. The first provision required that transportation information resulting from a reporting or monitoring program adopted by a public agency in accordance with Section 21081.6 be submitted to the Department of Transportation (Department) when a project has impacts that are of statewide, regional, or area-wide significance. The second provision required that the Department adopt guidelines for the submittal of those reporting or monitoring programs. PURPOSE The purpose of these guidelines is to establish clear and consistent statewide procedures to be used by both Department District Intergovernmental Review(IGR) Program Coordinators to identify the scope and timing of transportation information needed from lead agencies, and public agencies when submitting transportation information to the Department, in accordance with Section 21081.7. Mitigation Reporting or Monitoring Submittal Guidelines Page 2 PROCEDURES A. The District IGR Program Managers and/or Coordinators shall: 1. Prior to implementation of mitigation measures: a. Notify the CEQA lead agency by letter during "early consultation," the Notice of Preparation (NOP) stage, or the Initial Study (IS) phase of the CEQA review process that the transportation information included in the reporting or monitoring program will need to be provided to the Department following project mitigation agreement. b. Provide the name, address, and telephone number of the District IGR contact to the lead agency. c. Provide, as an enclosure to the notification letter, a copy of these "Guidelines" and the Department's "CEQA Lead Agency Checklist/Certification" form. (Part 1 of the form, Checklist, is to be signed by the lead agency following project approval, and a copy submitted to the District along with the transportation reporting or monitoring information. Part 2 of the form, Certification, is to be signed by the lead agency and the District upon implementation of all agreed-upon mitigation measures.) 2. Following implementation of mitigation measures as identified in Part 1, Checklist, of the CEQA Lead Agency Checklist/Certification form, and certification of implementation by the lead agency in Part 2, Certification: Ensure sign off of Part 2, indicating that the mitigation measures have been implemented. 1) If the project required encroachment onto a state highway, obtain the District Permit Engineer's signature in Part 2. 2) If the project did not involve encroachment onto a state highway, the District IGR Coordinator shall sign Part 2. Mitigation Reporting or Monitoring Submittal Guidelines Page 3 3) The District IGR Coordinator shall: (a) Retain the original document; (b) forward a copy to the District Permit Engineer(if the Permit Engineer signed Part 2); (c) forward a copy to the Department's Headquarters IGR Program Manager; and, (d) send a copy to the lead agency. B. The CEQA lead agency shall: 1. Following project approval: Submit the following information to the Department District IGR contact: 1) Name, address, and telephone number of the CEQA lead agency contact responsible for the mitigation reporting or monitoring program. 2) Location and custodian of the documents or other material, which constitute the record of proceedings upon which the lead agency's decision to approve the project is based. 3) Assurances that the Department can obtain copies of the aforementioned documents and materials, if needed, to clarify details or resolve issues related to the mitigation adopted. 4) Detailed information on impact assessment methods, the type of mitigation, specific location, and implementation schedule for each transportation impact mitigation measure included in the reporting or monitoring program. 5) A copy of the "CEQA Lead Agency Checklist/Certification" form, with Part 1, Checklist, signed and dated, and the reporting or monitoring program transportation information attached or enclosed. The CEQA lead agency, at its discretion, may submit the complete reporting or monitoring program with the required transportation information highlighted. Mitigation Reporting or Monitoring Submittal Guidelines Page 4 2. Following implementation of mitigation measures: a. Sign and date Part 2, Certification, of the "CEQA Lead Agency Checklist/Certification" form. b. Forward the "CEQA Lead Agency Checklist/Certification" form, with appropriate completion documents attached, to the District IGR contact, certifying that the mitigation measures agreed upon and identified in the reporting or monitoring program have been implemented, and that all other reporting requirements have been adhered to, in accordance with PRC Sections 21081.6 and 21081.7. APPROVED: .94v-, P� 6Y L D� 7- 9-o4 BRIAN AJMITH Date LARRY ORCUTT Date Deputy Director Acting Deputy Director Planning and Modal Programs Maintenance and Operations J•9N.19.2005 1:27PM CAL TRRNS PLRNNING NU.Hib P.1/6 WATP OF CA rt QRMA�RURTMS TRAN.VORTAnON SND F9MM- G AGENCY ARNOLD5CHNVA1t77NFGGBA Govcmnr DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE ' P. O.BOX 12616 .FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488.4088 Be onerpr enrl 'T'rY (559)4S"66 January 19, 2005 2131-IGRICEQA. 6-FRE-180-55.1 RUNNING HORSE DEVELOPMENT SCH#2004041023 Mr.Bruce Barnes,Project Manager City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Bames: Caltrans has received the City's January 18,2005 letter(enclosed) outlining the Mitigation Monitoring for the Running Horse.Development. This format for reporting the Mitigation Monitoring is acceptable to us. • Upon completion of the mitigation measures,please submit the required documents verifying that the identified measures have been implemented. We request that this letter be made part of the permanent public record for this project. This will provide the decision-malting body and the general public with a complete and accurate environmental evaluation for the project- Please be advised that any future development adjacent to a State Route,whether the entitlement is deemed by the lead agency to be discretionary or ministerial should be sent to Caltrans for review. If you have any questions,please call me at(559)445-6666. Sincerely, �o MOSES STITES Office of Transportation Planning District 06 Enclosure C: Mr. Nick Yovino, City of Fresno,Development Department Mr. James Sanchez, City of Fresno, Attorneys Office Mr. Steve Samuelian,Applicant's Representative Ms. Barbara Goodwin, Council of Fresno County Governments Mr. Scott Morgan,State Clearinghouse Mr. James Perault,.Caltrans Encroachment Permits "Ca(rraps lmlproyes rqobiNfy across Calyarnla" Conditions of Approval Conditional Use Permit No. C-04-237 January 19, 2005 Page 10 the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Development Department. (Put this note on the site and landscape plans.) 11. Submit six copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prior to obtaining building permits. 12 Prior to final inspection, a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department (include this note on the site plan.) SPACE BETWEEN BUILDINGS 14. None required. FENCES, HEDGES, AND WALLS Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. OFF-STREET PARKING 18. Not applicable. 19. A minimum of 224 automobile parking spaces are required for the proposed development, per the following standards: At the Golf Course Clubhouse: Function Square Footage Parking Standard Parking Spaces Bar/Grill 2600 square feet 1 space/100 square feet 26 Banquet 3460 square feet 1 space/40 square feet 87 Admin 835 square feet 835/ 370/parking space 3 Retail 1530 square feet 1530/370/parking space 5 Fitness 5,000 square feet 1 space/ 40 foot 103 Total Required 224 At the Maintenance Shop: Function No. Employees Parking Standard Parking Spaces Maintenance 18 1 space/2 employees 9 20. Exhibit A-1-6, dated November 10, 2004 , shows 283 total parking stalls (exceeding �� OF FIQ��, V X, O • PLANNING AND DEVELOPMENT DEPARTMENT DATE: January 19, 2005 TO: FRESNO CITY PLANNING COMMISSION FROM: NICK P. YOVINO, Director Planning and Development Department SUBJECT: RUNNING HORSE DEVELOPMENT PROJECT Please find the attached add itions/corrections to the January 19, 2005, Planning Commission staff report regarding the Running Horse Development Project (Continued Matters Item VII-A). 1. Letter dated January 18, 2005, from the City of Fresno Planning and Development Department in response to a letter from Caltrans dated December 29, 2004, and subsequent response from Caltrans dated January 19, 2005. 2. Corrections to page 10 of the Conditions of Approval for Conditional Use Permit No. C-04-237 (Running Horse Golf Course). 3. Add two conditions to the Conditions of Approval for Vesting Tentative Tract Map No. 5350 as follows: a. Condition No. 59: Implement all mitigation measures under EIR No. 10134. b. Condition No. 60: Approval of Vesting Tentative Tract Map No. 5350 is subject to the approval of Conditional Use Permit Application No. C-04-237. Attachments K:\Common\Master Files-2004\7CUPs\C-04-237,T-5350,R-04-097,A-04-030RunningHorse\memo to PC 1-19-05.doc City of IC©ICC—%IIku-\\li, rnC+'E%1 Planning and Qevelopment Department 2600 Fresno Street - Third Floor Nick P.Yovino Fresno, California 93721-3604 Director (559) 621-8003 - FAX (559) 498-1012 www.fresno.gov January 18, 2005 Moses Stites Office of Transportation Planning Department of Transportation P.O. Box 12616 Fresno, California 93778-2616 Dear Mr. Stites: SUBJECT: RUNNING HORSE PROJECT TRANSPORTATION INFORMATION FROM A REPORTING OR MONITORING PROGRAM In response to your letter of December 29, 2004, please find the following requested information in accordance with Section 21081.7 of the Public Resources Code: 1. CEQA documents, related materials, and project records for the Running Horse Development Project may be reviewed at the City of Fresno Planning and Development Department, 2600 Fresno Street, Fresno, CA 93721. 2. The contact person for the Running Horse Development Project is Bruce Barnes, Project Manager, phone 559-621-8047. Copies of documents may be reviewed at the Planning and Development Department or they may be purchased. 3. The mitigation measure name and identifying number are provided on the enclosed mitigation monitoring checklist, identified as the Traffic and Circulation section of Exhibit D of Fresno City Council Resolution No. 2004-477, adopted by the Council on December 21, 2004. 4. Each mitigation measure is described in detail on the enclosed mitigation monitoring checklist. The purpose of each mitigation measure is to provide acceptable levels of service at the identified location. No design plans have yet been prepared. Moses Stites Running Horse Project January 18, 2005 Page 2 5. The location of each mitigation measure is provided on the enclosed map. The approximate latitude and longitude of the Running Horse Development Project is 36°46' N 119°43'W. 6. The impacted state highway is existing State Route 180 located in Fresno County,California. 7. No Caltrans Encroachment Permit has been applied for at this time. 8. With exception of City of Fresno design review and authorization, no other agency permits are required for these measures. 9. All of the improvements are required at project opening and will be included as-conditions of approval of the conditional use permit and tentative tract map for the project. 10. See above response to No. 9. It is anticipated that opening day for the project will occur in 2006. 11. The measures will be funded by the developer with reimbursement as appropriate from future projects. In the case of improvements at Nielson and Hughes, and Kearney and Fresno Streets, the developer will pay a pro-rata share of the costs. 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