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Home My WebLink AboutT-5352 - Conditions of Approval - 8/9/2005 REPORT TL HE PLANNING COMMISSION AGENDA ITEM NO. viii-D COMMISSION MEETING 2/16/05 February 16, 2005 APPROVED BY FROM: STAFF, Planning Division a Planning and Development Department6�1/DEPARTMENT DIRECTOR G� 2 � SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-54, VESTING TENTATIVE TRACT MAP NO. 5352/UGM, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO, R-04-54fT-5352 EXECUTIVE SUMMARY Rezone Application No. R-04-54, filed by Lennar Fresno Inc., proposes to reclassify approximately 27 acres of property located on the west side of North Bryan Avenue, between West Shaw and West Gettysburg Avenues from the R-R (Fresno County-Rural Residential) zone district to .the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. Vesting Tentative Tract Map No. 5352/UGM proposes to subdivide the subject property into a 121-lot single family residential subdivision. The applications would bring the subject property into conformance with the West Area Community Plan and the 2025 Fresno General Plan, which designate the property for medium density residential planned land use. This map is supported by staff and the West Area Community Plan Citizens Advisory Committee, PROJECT INFORMATION PROJECT Request to rezone the project site from the R-R (Fresno County-Rural Residential zone district to the R-1/UGM (Single Family Residential/ , Urban Growth Management) zone district, which would facilitate a 121- ft lot single family residential subdivision to be developed at an overall 0 density of 4.5 dwelling units per acre 0 0 APPLICANT Lennar Fresno (Engineer: Precision Engineering) C%4 Cr w LOCATION West side of North Bryan Avenue, between West Shaw and West „_¢ Gettysburg Avenues (Council District 2, Councilmember Calhoun) 0 c SITE SIZE 27 acres U Z o LAND USE Existing - Vacant Proposed - Single Family Residential M ZONING Existing - R-R (Fresno County-Rural Residential) Proposed - R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and the 121-lot single family AND CONSISTENCY - residential subdivision are consistent with the 2025 Fresno General Plan and the West Area Community Plan designation of the site for medium density residential land use (4.99 to 10.37 units per acre) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated January 27, 2005 PLAN COMMITTEE The West Area Community Plan Citizens Advisory Committee RECOMMENDATION recommended approval of the rezone and subdivision map at its meeting on October 4, 2004 r REPORT TO THE PLANNING C(— MISSION i Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 2 STAFF Recommend approval of rezone application and approve the vesting RECOMMENDATION tentative tract map subject to compliance with the Conditions of Approval for T-5352/UGM dated February 16, 2005 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Commercial Business Park R-R Rural Single Family Fresno County-Rural Residential Residential South Low Density Residential R-R Rural Single Family Fresno County-Rural Residential Residential East Medium and Medium High R-R Agricultural Density Residential Fresno County-Rural Residential West Medium Density ResidentialR-R Agricultural Fresno Count -Rural Residential ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-04-54lT-5352 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the medium density residential planned land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated January 27, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received to date. BACKGROUND/ANALYSIS The applicant, Lennar Fresno, has filed Rezone Application No. R-04-54 and Vesting Tentative Tract Map No. 5352/UGM for 27 acres of property located on the west side of North Bryan Avenue, between West Shaw and West Gettysburg Avenues. The rezone application is requesting to reclassify the property from the R-R (Fresno County-Rural Residential) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The applicant is proposing to subdivide the subject property into a 121-lot single family residential subdivision. The project site is designated for medium density residential use by the 2025 Fresno General Plan and West Area Community Plan. According to the "Planned Land Use and Zone District Consistency Matrix" (Table 2) adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential land use designation allows for 4.99 to 10.37 dwelling units per acre. However, Fresno Municipal Code Section 12-403-B-2-b-1 allows development of a project site not less than the minimum density of the next lower land use designation, which is medium-low density residential (2.19 to 4.98 dwelling units per acre). The proposed subdivision overall residential density is 4.5 dwelling units per acre. Therefore, Vesting Tentative Map No. T-5352/UGM is consistent with the 2025 Fresno General Plan and the West Area Community Plan. REPORT TO THE PLANNING COMMISSION 1 Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 3 Surrounding land uses are characterized by rural single family residences to the north and south,-while property to the east and west are developed with agricultural type uses. West Area Community Plan Citizens Advisory Committee The West Area Community Plan Citizens Advisory Committee recommended approval of the rezone and subdivision map at its meeting on October 4, 2004. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Circulation Map, North Bryan Avenue is defined as a collector street. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating required right-of- way and constructing street paving within the limits of the tract map; installing curb, gutter, sidewalk; construction of an underground street lighting system; and relinquishment of access rights to North Bryan Avenue for all residential lots adjacent to this street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract,Map No. 5352/UGM Conditions of Approval dated February 16, 2005. When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, a special traffic study, dated September 7, 2004, was prepared by Peters Engineering Group. The study concluded that the intersection of Shaw and Bryan Avenues will continue to function ai an acceptable level of service through the year 2025 with construction of the project. Eventual buildout of the surrounding area and construction of required street improvements to city standards of new developments will ensure that this intersection maintains an acceptable level of service. The Department of Public Works has reviewed the traffic study and recommended one additional requirement of the development based upon information in the traffic study. These requirements include the dedication and construction of 100 foot long (12 foot wide) protected left turn lanes on Shaw Avenue (westbound). The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for this development as well as other development in the area. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. Interior Streets, Required Sidewalks and Multi-purpose Trail The developer will be required to design and construct all street-related improvements as, shown on Vesting Tentative Tract Map No. 5352/UGM, dated January 6, 2005. All streets in the subdivision will be developed with interior local streets having a right-of-way width of 50 or 54 feet as permitted with Public Works Standards. Installation of sidewalks will be required on both sides of the streets throughout this subdivision. It should be noted that the developer will also be required to construct a portion of the south half of West Acacia Avenue, within the limits of the proposed subdivision. The ,REPORT TO THE PLANNING CO3. .v1lSSION Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 4 Multi-Purpose Trails Plan Map (Exhibit 9) in the 2025 General Plan depicts a multi-purpose (bicycle/ pedestrian/equestrian) trail on the project site. The tentative tract map conditions of approval require that this trail be built along the Acacia Avenue alignment to provide a trail crossing at intersection with North Bryan Avenue nearest the quarter-mile point between West Shaw and West Gettysburg Avenues. Public Facilities The Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of UGM service delivery requirements and environmental impact mitigation measures. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will 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, which will be dedicated to the City of Fresno. The Public Utilities Department has determined that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed with the environmental assessment. Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD) which is sufficient to accommodate continued planned urban development including the proposed project. The City of Fresno Fire Department has submitted comments that the proposed project is located more than three miles from an existing fire station. There is a conditional use permit application that has been submitted to construct a temporary fire station at the southeast corner of North Grantland and West Bullard Avenues, within the boundaries of Vesting Tentative Tract No. 5247/UGM. The proposed temporary fire station, once approved and constructed, will be located within three miles of the project site. If any buildings are constructed at the project site for Vesting Tentative Tract Map No. 5352/UGM prior to the construction and operation of this temporary fire station, they must meet UGM service requirements for fire service. Some options for service include constructing homes on every other lot or installing fire sprinklers in the homes; the complete list requirements are outlined in the Fresno Municipal Code in the Urban Growth Management section. Landscaping/Walls Given that the proposed subdivision abuts a collector street, and in accordance with the West Area Community Plan Policy No. W-3-b, the developer will be required to install 15 feet of landscaping along North Bryan Avenue. In addition, the applicant will be required to install a solid wall at the rear of the required landscape setback as required in the acoustical analysis, dated August 18, 2004, prepared by Brown-Buntin Associates, which will mitigate the adverse effect of noise generated by vehicles traveling on the nearby major streets (Bryan Avenue and Veterans Boulevard). Pursuant to West Area Community Plan Policy No. W-6-a, the developer/owner shall construct a 6-foot high solid wall or approved architecturally-designed solid fence (meeting requirements of the Fresno Municipal Code) provided along the side and rear property lines between new single-family uses and rural parcels which are between one-half and two acres in size and developed with at least one residential dwelling unit. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 53521UGM February 16, 2005 Page 5 Lot Dimensions The R-1 zone district requires minimum lot.sizes of 6,000 square feet for lots in the subdivision. Lots in the subdivision will meet or exceed the minimum lot size requirement as well as the lot width (60 feet) and depth (100 feet) requirements. State Department of Transportation (Caltrans) A copy of the traffic analysis prepared for the project by Peters Engineering Group was forwarded to California Department of Transportation (Caltrans), District 6, Office;of Intergovernmental Relations. The Caltrans staff has submitted the attached comments dated October 20, 2004, indicating that the proposed project will impact the state highway system. The letter from Caltrans contends that the developers of the proposed project should pay $37,203 to mitigate those impacts. Staff considered Caltrans letter in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts, that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis- Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. 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 CC '" 'AISSION Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 6 State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan designates the site for medium density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action on the proposed vesting tentative tract map, unless appealed to the Council, is final. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the West Area Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Rezone Application No. R-04-54 and Vesting Tentative Tract Map No. 5352/UGM are appropriate for the project site. Therefore, staff recommends that the Planning Commission: REPORT TO THE PLANNING COMMISSION Rezone Application No. R-04-54 Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 7 1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental Assessment No. R-04-54/T-5352 dated January 27, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-54 which proposes to rezone the project site from the R-R (Fresno County-Rural Residential) zone district to the R-1/ UGM (Single Family Residential/Urban Growth Management)zone district. 3. APPROVE Vesting Tentative Tract Map No. 5352/UGM subject to compliance with the Conditions of Approval dated February 16, 2005. Attachments: Vicinity Map Aerial Photograph of the site Vesting Tentative Tract Map No. 5352/UGM dated January 6, 2005 Conditions of Approval for T-5352/UGM dated February 16, 2005, including letters from Public Works Department (9/28/04), Fresno Metropolitan Flood Control District (9/27/04) and San Joaquin Valley Air Pollution Control District (9/21/04) Letter from the California Department of Transportation (Caltrans) dated October 20, 2004 Environmental Assessment No. R-04-54/T-5352, Finding of Conformity to 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated January 27, 2005 ,�tim •^: E dFit'Mixf4�� g amp '.!+Y'7zJ ry'�''�: if�k'j•4C� Y!� .r�kr P`iv ti�:�nn �'i � ?, 9 '�rsya•tR � }F. FgSd ;�I� < .�fi�t,? $ �k•�t;�#.• e#'�` u •. c: +d�rlt m e.'< q c a ' �skM1` z;• rix .I " 1 w! .r �!+ -. 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The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5352/UGM entitled "Exhibit A," dated January 6, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-04- 54. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval,. the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 10. Pursuant to West Area Community Plan Policy No. W-3-c, the developer/owner shall provide a 15-foot landscape easement (and irrigation system) along the east property lines of lots which back-onto or side-onto North Bryan Avenue. 11. Construct a 6-foot to 8-foot high solid masonry wall (at finished grade of proposed site) pursuant to the acoustical analysis prepared for the project by Brown-Buntin Associates, dated August 18, 2004. 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. 12. Pursuant to West Area Community Plan Policy No. W-6-a, the developer/owner shall construct a 6-foot high solid wall or approved architecturally-designed solid fence (meeting requirements of the Fresno Municipal Code) provided along the side and rear Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 3 property lines between new single-family uses and rural parcels which are between one- half and two acres in size and developed with at least one residential dwelling unit. 13. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Landscaping and irrigation systems as approved by the Parks Department at the following locations: • Within the street easements (including median to centerline) and the 15 foot wide landscape easement along the property lines that side or back-onto North Bryan Avenue. b. All local streets, curbs and gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the map. c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline) within North Bryan Avenue as approved by the Public Works Department along the map frontage. d. All street lights as approved by the Public Works Department within the boundary of the map. 15. if the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 16. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 14, above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 4 acceptance of subdivision-improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 17. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Multi-purpose Trail 18. Exhibit 9 of the 2025 Fresno General Plan, "Multi-Purpose Trails Plan Map", depicts a bicycle/pedestrian/equestrian trail on the project site. The developer/owner shall construct this trail as required by the Public Works and Development and Planning Departments. 19. Maintain 20 feet for the trail along the north side of West Acacia Avenue and along the rear property lines of lots 29 (portion), 30, 31 and 32. The trail width may be configured through a combination of street right-of-way and landscape or planting and public utilities easements. Building Setbacks 20. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit "A" of Vesting Tentative Map Tract No. 5352/UGM dated January 6, 2005, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. 21. Pursuant to West Area Community Plan Policy No. W-6-a, proposed lots 5, 6, 7, 10, 11, 12, 13 15, 16 and 17 on Vesting Tentative Tract Map No. 5352/UGM dated January 6, 2005, shall have 30-foot rear yards for single-story structures and 40-foot rear yards for two-story structures. Rear yard encroachments are permitted through the site plan review process but in no case shall the rear yard be less than 20 feet. 22. Proposed lots 7 and 15 on Vesting Tentative Tract Map No. 5352/UGM dated January 6, 2005, are considered key lots. Provide a 10-foot side yard along the west property lines of these lots. 23. Proposed lots 21 and 23 shall have a 20-foot building setback (measured from the proposed property line) along the southern property line. Information 24. Vesting Tentative Tract Map No. 5352/UGM is subject to Council approval of related Rezone Application No. R-04-54. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 5 25. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 26. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 27. 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. 28. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 29. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 30. 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. 31. 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. 32. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a . referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 33. 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 Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 6 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. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 34. 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. 35. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). PARK SERVICE 36. Comply with the attached memo from the Public Works Department dated September 28, 2004 for street tree requirements. Urban Growth Management Requirements 37. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 38. This project is over three miles from permanent Fire Station No. 16. Any construction of buildings prior to the completion of the temporary City of Fresno fire station located near the intersection of North Grantland and West Bullard Avenues must meet the Urban Growth Management requirements for fire service. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 7 39. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. Urban Growth Management Requirements 40. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval, for Fire Station No. 17 (old station 17). Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. SOLID WASTE SERVICE 41. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 42. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 43. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 44. The developer shall provide a temporary turnaround at the end of North La Paz Avenue. The turnaround shall be large enough to accommodate a solid waste truck that is 35' long and has a turning radius of 44'. Turnaround shall be kept clear of vehicles by 6:00 a.m. on the solid waste service day. 45. Lots 20-23 on North Nathan Avenue (as shown on Exhibit A dated January 6, 2005) shall be clear of all vehicles before 6:00 a.m. on the solid waste service day. STREETS AND RIGHTS-OF-WAY 46. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 47. 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. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 8 48. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 49. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 50. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector (North Maple Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 51. 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. 52. 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. Frontage Improvement Requirements: Major Streets: Bryan Avenue: Collector 53. 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. 54. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 9 55. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 56. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 8 for Collector Streets. 57. Relinquish direct vehicular access rights to NorthBryan Avenue from all lots within this subdivision. Interior Streets: 58. Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de- sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for fifty (50) foot and fifty-four (54) foot streets. 59. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 60. Relinquish direct vehicular access rights to: a. the north property line of lot 1 61. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 62. 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. 63. Bryan Avenue: Dedication and construction of frontage improvements across the existing single family residence, as shown on Exhibit "C" shall be required for public health and safety and the orderly development of the surrounding area. Reference F.M.C. Section 11-226(f)(6) and the 2025 General Plan Policy E-1-c, E-1-j, E-1-n, E-3-e. 64. Install a temporary 150-watt safety light to Public Works Standards at the southeast corner of Shaw and Bryan. 65. Round-off the intersection of Alexander and Acacia and provide a corner cut dedication. 66. Acacia Avenue: Dedicate and construct 29' (north side) and 20' (south side) with complete offsite improvements on the north side and curb and gutter on the south side. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 10 67. Acacia Avenue: Dedicate an easement of sufficient width for a. Multi-Purpose Trail. Construct a concrete trail per City of Fresno Standards. Submit a cross section to Traffic Planning for review and approval. 68. FID alignment behind lots 27, 29, 30, 31 and 32: Dedicate an easement of sufficient width for a Multi-Purpose Trail. Construct a concrete trail complete with lighting per City of Fresno Standards. Submit a cross section to Traffic Planning for review and approval. 69. Install conduits and pull boxes across Bryan Avenue for a future flashing beacon. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. Bryan Avenue: Collector 70. Dedicate and construct (2) two 17' center section travel lanes (from the southeasterly corner of.this subdivision to Shaw Avenue) with a 250' left turn lane. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. STREET NAMES Change the following street name to reflect its proper spelling: 71. Make the following changes to the street names: a. West Alamos Avenue to West Fairmont Avenue b. West Santa Ana Avenue to West Alamos Avenue c. West Acacia Avenue to West Santa Ana Avenue d. North Veterans Blvd. Align. to North Veterans Boulevard (alignment) e. North Jeremy Avenue to North La Paz Avenue f. North Alexander Avenue to new name g. North Nathan Avenue to North Torrey Pines Avenue h. North Edward Avenue to North Rumi Avenue i. North Rocky Avenue to North Shiraz Avenue Urban Growth Management Requirements 72. This map is in UGM major street zone F; therefore, pay all applicable UGM fees. SANITARY SEWER SERVICE 73. The nearest sanitary sewer main capable of serving the project is a 15-inch sanitary main located in West Shaw Avenue. Sanitary sewer service through the city's sewer system would require the following prior to connection. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 11 74. Construct an 8-inch sewer main in North Bryan Avenue from West Shaw Avenue. south across the. project frontage. 75. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 76. Separate sewer house branches shall be provided for each lot created. 77. Abandon all existing on-site private sanitary sewer. systems in accordance with City standards. 78. Public sewer facilities shall be constructed in accordance with the Department of. Public Works standards, specifications, and policies. 79. Engineered improvement plans prepared by a Registered Civil. Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. 80. A preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities approval prior to submitting engineered improvement plans for city approvals. Urban Growth Management Requirements 81. This project is located within the following service area: Sewer Oversize Reimbursement S.A.2. 82. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Charge; Trunk Sewer Charge (Grantland); and, Wastewater Facilities Charge (residential only). WATER SERVICE 83. The nearest City of Fresno water main capable of serving the project is a 14-inch water main located in North Hayes Avenue. The following conditions are required to provide water service to the tract. 84. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Hayes Avenue from West Santa Ana Avenue to West Shaw Avenue. 85. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in West Shaw Avenue from North Hayes Avenue west to North Bryan Avenue. 86. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Bryan Avenue from West Shaw Avenue to West Gettysburg Avenue. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 12 87. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in West Gettysburg Avenue from North Bryan Avenue to North Hayes Avenue. 88. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 89. Separate water services with meter boxes shall be provided to each lot created. 90. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 91. Provide a water well site(s) of a size and at a location acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and construction of the well(s) shall be funded from the UGM Water Supply Well Service Area Fund 201S. In the event there are insufficient funds available in the UGM Water Supply Well Service Area Fund 201S, the developer shall be required to construct the well(s) on a site(s) dedicated to the City of Fresno. The developer's cost of acquiring the well site(s) and construction of the well(s) shall be reimbursed from the UGM Water Supply Well Service Area Fund 201 S, in accordance with UGM policies. The well(s) shall be capable of producing a minimum of 500 gallons per minute. 92. Water well construction shall include wellhead treatment facilities. The developer's cost for constructing wellhead treatment facilities shall be reimbursed from UGM Water Supply Well Service Area Fund 201 S, in accordance with established UGM policies. 93. 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. 94. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 95. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 96. Payment for installation of water service(s) and/or meter(s) is required. 97. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. Urban Growth Management Requirements 98. The proposed subdivision is located within UGM Water Service Area No. 101s. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 13 FRESNO IRRIGATION DISTRICT (FID) 99. FID's Sylvia No. 47 pipeline traverses the subject property in an exclusive easement recorded on December 2, 1978, as Document No. 138275, in Book 7178, Page 524, Official Records of Fresno County. 100. FID requires the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. The developer will need to meet with FID to determine the pipeline alignment. 101. FID does not have records indicating the age of or the materials used for the culvert located at Bryan Avenue. Should any street or intersection improvements be necessary, FID recommends the culvert be replaced as part of the subject project. 102. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 103. FID requires its easement be shown on the map with proper recording information and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. FLOOD CONTROL AND DRAINAGE 104. 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 September 27, 2004. 105. 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. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 106. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated September 21, 2004, for Vesting Tentative Tract Map No. 5352/UGM. CENTRAL UNIFIED SCHOOL DISTRICT 107. Contact the Central Unified School District for their requirements and/or fees. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 14 RIGHT-OF-WAY ACQUISITION 108. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 109. 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. 110. 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. 111. 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. 112. 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 113. 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. 114. 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. DEVELOPMENT FEES AND CHARGES 115. This project is subject to the following fees and charges: Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 15 PARKS DEPARTMENT FEE/ RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree 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 DIST. FEE/RATE g. Metropolitan Flood Control District Fee ' Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. it. (to 100' depth) j. Trunk.Sewer Charge $419/living unit Service Area: Grantland k. Wastewater Facilities Charge $2,119/living unit I. Copper Avenue Sewer Lift Station Charge n/a m. Fowler Trunk.Sewer Interim Fee Surety n/a n. House Branch Sewer Charge n/a o. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE p. 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. Conditions of Approval Vesting Tentative Tract Map No. 5352/UGM February 16, 2005 Page 16 q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $643/gross acre s. Transmission Grid Main Bond Debt Service Charge $243/gross acre t. UGM Water Supply Fee $407/living unit Service Area: 201-S u. Well Head Treatment Fee $0 Service Area: 201 v. Recharge Fee $0 Service Area: 201 w. 1994 Bond Debt Service $0 Service Area: 201 DEVELOPMENT IMPACT FEE x. Northeast Fresno Policing Area n/a y. Traffic Signal Charge n/a URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* z. UGM Fire Station Capital Fee $1�442Jgross acre Service Area: 17 aa. UGM Park Fee $1783/gross acre Service Area:.4 bb. Major Street Charge $3531/adj. acre Service Area: E-4 cc. Major Street Bridge Charge $196/adj. acre Service Area: E-4 4�4.b dd. Traffic Signal Charge $_4,7.8/living unit ee. UGM Grade Separation Fee n/a ff. Trunk Sewer Charge n/a Service Area: gg. *Street Acquisition/Construction Charge n/a D E P A R T M E N T O F P U B L I C W O R K S TO: Shelby Chamberlain, Planner lII Planning Division FROM: NANCY MORRISON,PROGRAM MANAGER, (559.621.8690) DATE: September 28, 2004 SUBJECT: T-5352 The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Lennar,Inc., on engineering drawings plans prepared by Precision Civil Engineering Inc., dated 6.21.04. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES and BUFFER LANDSCAPING. STREET TREE REQUIREMENTS A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage. Street trees shall be planted at the rate of one tree for each 60'of street frontage. The subdivider is required to provide street trees on all public street frontages and the dedicated planting and buffer landscaping easements. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: STREET NAME STREET TREE SPECIES W. Fairmont Ave. Pistacia chinensis, (Chinese Pistache) W. Alamos Ave Nyssa sylvatica, (Tupelo) W. Santa Ave. Nyssa sylvatica, (Tupelo) N. Veterans Blvd Camphora cinnamomum, (Camphor) N. La Paz Ave. Camphora cinnamomum, (Camphor) N. Alexander Pistacia chinensis, (Chinese Pistache) N. Rumi Ave. Pistacia chinensis, (Chinese Pistache) N. Shiraz Nyssa sylvatica, (Tupelo) N. Bryan Quercus virginiana, (Live Oak) C. Street trees that are required within the subdivision shall be planted in a Public/Planting Utility Easement(PPUE), and the easement shall be indicated on the Tract Map. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS A. The subdivider is required to provide long term maintenance for the landscape in the landscape easements on North Bryan Avenue. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 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 Department of Public Works comments T.5352 Tentative Map Spetember 28,2004 page 2 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 l' 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 water-well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning.Manager LENNAR FRESNO, INC Planning & Development Department C/O STEVE LUTTON City of Fresno 7690 N. PALM AVE., STE. 101 2600 Fresno Street FRESNO, CA 93711 Fresno, CA 93721 MAP NO. 5352 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " EN EO DRAINAGE AREA EN " $131,761.00 DATE 9/-,?7Zex DRAINAGE AREA EO " $30,443.00 TOTAL FEE $162,204.00 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 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: 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. 5352 5469 E. OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 A 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. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. To seF,,;Ge ; available rhfeul-h d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. 5352 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. 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 0 in pen-nit compliance, and complete an annual certification of compliance. 0 b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for . manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. s,s+ 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 an requirements. Gerald E. Lakem n, Project Engineer: Ri y s District Engineer, Assistant General Manager C: PRECISION CIVIL ENG. INC. C/O ED DUNKEL, JR. 7690 N. PALM AVE., STE. 104 FRESNO, CA 93711 3,5' 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX (559)456-3194. Two sided document v / / zo66" 48" 24„ I I / W. SHAW AVE. I r � , I / ! I / REMA Lj 24" � ` � 30" I > • I � I ,� Z is i ✓� i �> / � I / G 1 ^C Q / y s '• I � I / SCALE — 1"=300' / / I I / I I / I I I I I I I I I / I I I 1 I L--.-. ------------------------------------------ RIALTO AVE. ALIGNMENT 18" il0 24" LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DIRECTION OF DRAINAGE DEVELOPER-PIPELINE(SIZE SHOWN)&INLET. DRAINAGE AREA BOUNDARY FUTURE MASTER PLAN FACILITIES --------- INLET BOUNDARY TRACT 5352 �. DRAINAGE AREA: "EN","EO" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAYMBY: M.M. DATE: 91210 K%A1 dVWGSVFXfnBITTTRACTSW51.d.9 - RMSED BY — DATE. — OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage system cost and fee schedule update is currently underway. The drainage system cost and fee obligation indicated in this notice is the obligation which is valid at the date of this notice. Contact the District for a final drainage fee obligation prior to issuance of a building permit or recording of the final map. The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development, provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment, and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. Due to the lack of a street between Tract 5352 and the remainder of Tract 5352, the Developer will need to provide a street or drainage channel to allow for storm water runoff from Tract 5352 to surface drain to Veterans Blvd. during storm events that exceed the design capacity of the drainage system. Development No. Tract 5352 en er\pemiis\exhibitsNract\5352(d) San Joaquin Valley Air Pollution Control District September 21, 2004 Reference No. 612DEV2004 Shelby Chamberlain j \ '` Planning & Dev. Det. ;+ a L- -:! i = 2600 Fresno St., 3` Floor Fresno, CA 93721-3604 c -- Subject: T-5352, R-04-54 APN311-060-22, -76 =' Dear Ms. Chamberlain The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin (SJVAB) is classified non-attainment for ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project- related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— http://www.valle.Vair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A compliance assistance bulletin has been enclosed for the applicant. Please be advised that on August 19, 2004 and September 16, 2004, the District's Governing Board approved amendments to Regulation VIII, Rules 8011-8061 and 8071-8081 respectively, that become effective on October 1, 2004. Of particular note are amendments to Rule 8021 (see section 6.3.1): the Dust Control Plan threshold has changed from 40.0 acres to 10.0 or more acres for residential sites. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Ms. Chamberlain September 21, 2004 T-5352, R-04-54 Page 2 Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901.(Wood Burning Fireplaces and Wood Burning Heaters) and Rule 4902 (Residential Water Heaters) to limit the emissions of PM10 and NOx in residential developments. Please note that on July 17, 2003, amendments to Rule 4901 were adopted by the District's Governing Board. Amendments to the rule may affect future construction plans for residential developments. Specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: . • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks and bikeways should be installed throughout as much of the project as possible to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design Ms. Chamberlain September 21, 2004 T-5352, R-04-54 Page 3 reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): Increased energy efficiency(above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. Increased wall and ceiling insulation (beyond building code requirements) Energy efficient widows (double pane and/or Low-E) High-albedo (reflecting) roofing material. See http://eetd.lb1.gov/coolroof/ Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/, http:Heande,lbl.gov/heatisland/ Radiant heat barrier. See http://www.eere.energy.gov/consumer.info/refbriets/bc7.htmi Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ Install solar water-heating system(s) - Install photovoltaic cells Programmable thermostat(s) for all heating and cooling systems Awnings or other shading mechanism for windows Porch, patio and walkway overhangs Ceiling fans, whole house fans Orient the units to maximize passive solar cooling and heating when practicable Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org Electrical outlets around the exterior of the .unit(s) to encourage use of electric landscape maintenance equipment Pre-wire the units with high speed modem connections/DSL and extra phone lines Natural gas fireplaces (instead of wood-burning heaters) Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.lgc.org, .http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index.htmi htti)://www.ciwmb.ca.gov/GreenBuilding/ • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.orQ/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: Require construction equipment used at the site to be equipped with catalysts/particulate traps to reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur diesel fuel (15 ppm). Currently, California Air Resources Board (ARB) has verified a limited number of these devices for installation in several diesel engine families to reduce particulate emissions. At Ms. Chamberlain September 21, 2004 T-5352, R-04-54 Page 4 the time bids are made, have the contractors show that the construction equipment used is equipped with particulate filters and/or catalysts or prove why it is infeasible. - Use alternative fuel construction equipment. - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via portable generator set). - Install wind breaks on windward sides of construction areas. - Curtail construction during periods of high ambient pollutant concentrations. This may include ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and"Spare the Air Days"declared by the District. - Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5835 or Mr. Hector R. Guerra, Senior Air Quality Planner, (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, Chrystal Meier CEQA Commenter Central Region Enclosures c: file San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN September 2002 (Update from June 2002) Fugitive Dust Control at Construction Sites Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations regulates activities that generate fugitive dust. Fugitive dust is emitted to the air from open ground or caused by activities such as excavation, transporting bulk materials, or travel on unpaved surfaces. "PM 10" is a term applied to small sized particulate matter- microscopic dust particles - in the air. The San Joaquin Valley currently exceeds the air quality standards for particulate matter. It is for this reason that the District adopted Regulation VIII in 1993. Significant amendments to Regulation VIII were adopted in 2001 and became effective May 15, 2002. The following dust control and administrative requirements are applicable at construction sites: Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity during periods when soil is being disturbed by equipment or wind at any time. Dust control may be achieved by means of applying water before and during earth work and on traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE opacity of 20% means the amount.of dust that would obstruct the view of an object by 20%. Soil stabilization. Soil stabilization is required at any construction site after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil is an effective method for stabilizing a disturbed surface area. Long-term methods include applying dust suppressants or establishing vegetative cover. Restricting vehicle access from the area will help to maintain a stabilized surface. Information regarding stabilization standards and test methods are in Rule 8011 — General Requirements. Carryout and Trackout. These requirements are found in Rule 8041 — Carryout and Trackout. Carryout and trackout are materials adhered to vehicle tires and transport vehicles carried from a construction site and deposited onto a paved public road. Should carryout and trackout occur, it must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The recommended clean- up methods include manually sweeping, sufficiently wetting the area prior to mechanical sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is prohibited. Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700 'W Street, Suite 275 Modesto, CA 95356-9321 Fresno, CA 93726=0244 Bakersfield,CA 93301-2370 (209) 557-6400 ♦ FAX (209) 557-6475 (559) 230-6000 ♦ FAX(559)230-6062 (661) 326-6900 ♦ FAX (661) 326-6985 Access and Haul Roads. Dust control is required on all unpaved access and haul roads, and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Storage Piles and Bulk Materials. The handling, storage, and transportation requirements for bulk materials are found in Rule 8031 — Bulk Materials. These requirements include: applying water as materials are handled, stabilizing or covering stored materials, and installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a freeboard six inches or greater, covering haul trucks, or applying water to the top of the load are options for reducing VDE from vehicle transportation of bulk materials. Demolition. Wetting of the exterior of a building to be demolished is required. Demolition debris and the area. around the demolition must also be controlled to limit VDE. Cleaning up carryout and trackout must be completed according to Rule 8041. Demolition activities are also subject to the District's asbestos rule, Rule 4002 — National Emission Standards for Hazardous Air Pollutants. Dust Control Plans. For large construction projects, Rule 8021 requires the owner or contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to commencing construction activities. This requirement applies to projects that include 40 or more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per day of material on at least three days during the project. Record keeping. All sites subject to the regulation that employ dust control measures must keep records for each day any dust controls are used. The District has developed record keeping forms for water application, street sweeping, and for"permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Pursuant to Rule 8011, records must be kept for one year after the end of dust generating activities. Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation VIII requirements. The following exemptions in Rule.8021 apply to construction activities: • Blasting activities • Maintenance and remodeling of existing buildings if the addition is less than 50% of the size of the existing building or 10,000 square feet. These activities, however, are subject to the District's asbestos rule, Rule 4002. • Additions to single family dwellings • Mowing, disking or other weed control on sites less than '/z acre. Nuisance. Whether or not the construction activity is exempt from the Regulation VIII requirements, any activity that creates fugitive dust must not cause a nuisance, per Rule 4102 - Nuisance. Therefore, it is important to monitor the dust generating activities and, if necessary, plan for and implement the appropriate dust control measures to limit the public's exposure to fugitive dust. This is a basic.summary of Regulation VIII as it applies to the construction industry. 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October 20, 2004 0 29I1 - 213.1-IGR/CEQA 67FRE-99-27.1 R-04-54 & T-5352 LENNAR FRESNO TRAFFIC IMPACT STUDY City of Fresno Development .Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Ms. Chamberlain: We have ,reviewed the Traffic Impact Study (TIS) for the proposed 121-lot single-family residential project to be located on the west side of North Bryant Avenue between Vilest Shaw Avenue and the West Gettysburg Avenue alignment. Caltrans has the following comments: This letter supercedes our letter of September 23, 2004. The applicant's traffic; consultant prepared a Traffic Impact Study (TIS) to analyze this project's impacts to the transportation/circulation system. The TIS is part of the City of Fresno's environmental document for this project, and is therefore the Ci 's nexus study. The 'TIS detennined that project-generated trips would impact State facilties, iii ...:� ti).-. L..... - � L,., .J,.s„ C..-.«.. aL... TTc� r� ,.1,,,.1 a` jciit�nisirallilg a iiexuJ �!'rillitlll�. Y't�. uavC..:.iS:;�: h uC11:, .ttv,i; �:,.. aa.� w l.u.vu,c7 share to. mitigate for project-related impacts to the State Highway System. The fair share demonstrates proportionality (Dolan). In the absence of the City of Fresno including State facilities in the.City's Urban Growth Management (UGM) Fee Program, it has been the consistent practice of this office to recommend that the applicant contribute the project's proportionate fair share for improvements to the impacted interchange(s). The following calculation; based on the project's TIS, demonstrates both nexus and proportionality. Given its isolated location west of the State Route (SR) 99 freeway, it is estimated that a significant portion of the traffic generated by the project would impact the two SR 99 interchanges at Shaw. Avenue and Herndon/Grantland. The Shaw interchange is located approximately 1 mile east of the project site. The Herndon/Grantland interchange is approximately 1.5 miles north of the site. "Caltrans improves mobility across California" Ms. Shelby Chamberlain October 20, 2004 Page 2 Using traffic study information from two recently proposed residential developments in the same general area (La Ventana, Brentwood Ranch), Caltrans previously projected trip distribution and calculated a cost-per-trip for impacts to the two interchanges. The proposed development's proportional share for mitigation improvements to the Shave interchange was estimated at $36,015. Its proportional share for mitigation improvements to I4erndon/Grantland was estimated at $20,700. However, based on traffic data from this TIS, we have revised our mitigation estimate. Based on the TIS, this development would generate the following number of trips to the following Stat-- facilities: Northbound ramps at Shaw _ 7 + 14 + 23 =44 trips (from Table 2) Southbound ramps at Shaw = 7 + 14 + 12 = 33 trips (from Table 2) Southbound off to Grantland = 7 trips (from Figure 4g, Bryan) We utilized the costs per trip from the La Ventana TIS to calculate the cost per trip for this development: Northbound ramps at Shaw = $559/trip Southbound ramps at Shaw = $329/trip Southbound off to Grantland = $250/trip Mitigation Northbound ramps at Shaw = (44 tiips)($559/trip) _ $24,596 Southbound ramps at Shaw = (33 trips)($329/trip) _ $10,857 Southbound off to Grantland = (7 trips)($250/trip) = $1,750 1'otal Mitigation to State facilities = S37,20--i It is therefore concluded that the total cost to mitigate for cumulatively significant project- related impacts to the State Highway System is $37,203. Because these impacts are development-driven, the City should consider collecting mitigation towards these improvements in the form of fair share contributions consistent with Nollan/Dolan. The City should consider a transit alternative for this project. The project is small, but when combined with other approved developments in the area, there is sufficient residential development to support transit. Early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number I for other recommended transportation alternatives. "Caltrans improves mobility across California" Ms. Shelby Chamberlain October 20, 2004 Page 3 The City published a "Notice of Environmental Finding" for this project on October 14, 2004. The notice indicates that the City has prepared a Mitigated Negative Declaration for this project. If the project's identified impacts to resources are not mitigated to a level less than significant, a Mitigated Negative Declaration is an inappropriate environmental document. This includes impacts to State facilities as well as the local transportation/circulation system. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Con-tnission. This wild provide the decision-making body and the general public with a. complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms Barbara Goodwin, Council of Fresno County Governments "Callrans improves mobilily across California" Y' ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a. way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercia]/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project annroval a covered .transit stop_ as mitigation for proiect-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESH,.. - ENVIRONMENTAL ASSESSME, . . / INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pufsuant to Section 21157.1 of the California Public Resources Code DREgLEFE�I�GdD EPR FILING: (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact /`rj05 J F'.(„I C3ja� Q: 2 Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. CITY CLERK, FRESNO Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559)621-8277 Applicant: Initial Study Prepared By: Lennar Fresno Shelby Chamberlain, Planner III 7690 North Palm Avenue January 27, 2005 Fresno, California 93711 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-04-54 The west side of North Bryan Avenue, between West Vesting Tentative Tract Map No. 5352/UGM Shaw and West Gettysburg Avenues APN: 311-060-76 and 22 (portion) Project Description: Rezone Application No. R-04-54 and Vesting Tentative Tract Map No. T-5352/UGM, filed by Precision Civil Engineering, on behalf of Lennar Fresno, pertain to approximately 27 acres of property located on the west side of North Bryan Avenue,between West Shaw and West Gettysburg (alignment)Avenues. The rezone application proposes to rezone the subject property from the R-R (Rural Residential-Fresno County)zone district to the R- 1/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting.Tentative Tract Map No. T-5352/UGM proposes to subdivide the entire 27 acre site into a 121-lot single family residential subdivision at a density of 4.5 dwelling units per acre. The project also includes the detachment of a portion of the subject property from the Kings River Conservation District and the North Central Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. Conformance to Master Environmental Impact Report (MEIR No. 10130): The recently adopted 2025 Fresno General Plan and West Area Community Plan designate the subject parcel for medium density residential planned land uses. The proposed R-1/UGM, Single Family Residential/Urban Growth Management, zone district conforms.to this medium density residential land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed rezone and tract map applications in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed to be developed with single family residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the proposed subdivision will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and future development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessaryto assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts,and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project fails within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific Finding of Conformity Under MEIF 10130 Environmental Assessment No. R-04-54/T-5352 Page 2 January 27, 2005 project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d)of the CEQA Guidelines, has determined that all feasible-mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). / YTe2 Darrell Unruh Date Planning Manager, City of Fresno KAMaster Files-2004\'REZONE\R-04-054-T-5352-Lennar-Bryan&Shaw-SAC\R-04-54-T-5352-MEIR Finding of Conformity.wpd Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-54/T-5352 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-04-54/ T-5352 L a N a t t vd + ^ U W m t}+ C E � , Z. ' (0 cu 'p can, 2 : t d+ + p �x f C C•L 1.✓ Y11.Q) i�4 t . 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L O ro n O Q) L c ca a) a) U a) Q) cn N _ O C C LC) cn co O C �- d E E U d d co O C G Cy co -0 C-0 c .0 (D O n E d) Co Q = L_ 0) a) a) ro O cl Z O �= d) Co a) - 0 = fA 5 co .0 L O �- C n L p - n _0) co N m `� 'E m y n ami co co a`) > c U 0 3 0 0 3 v W a O a 0) O = N 'a f09 (n CO Z T 0 N N E �O + cn E 0 7 C_ T O a) co .0 O O d a7 U) U 0 Z D -0 a) C 'o cu C a) EL C 'O U T ro co Q) co C7 co a) W Q 3: .0 ro c w ui -0 > c L co O C C 7 y O C co L) L Co cc W c-' c E r- °) a) T 0 CL � o a) c O 0 E a, '0 cn W a w E a) co > m a) > E cn U a.E U ro 3 0Yi E io �F-�11 n= = ai c U)) E ac) pCl CL - c ac) EO °)cu c E -0 C 7 0 ?0 -0 o. v! 0 0 c U) cn E d = a) O > L C w U co L p 0 v N cp) ca ,n c a, o L-0 CD _ a`) co) o co) o)-co _o w �o �° E �' o n `Q� 0 CD d N O a) ca L a) 3 L Q) .O a) .0 in a7 � N o o C O C c n N V E U .> y o > '� 7 D7 co U _C O a U •C CL Lo O O a) fn O' O> � U O a)cc 12) p ca � O w C_-0 0E S T N 3 .V m a) N ' Lr)M )a) ccQ O L 3 U O a) _d _N N fo n cz O L) g V - U 2 v C a) p O o) y ncz C 0 U d °) p) UI > X 0 2 ro c •o C C `) y O d U) U C C co O N p a) co a) O C O 2 U ca = C C a) C E in co O C -7 N C 117 V)) 'O) a) a) .O a a) N 0 �_ �_ E y a7 'O a7 E a) ,O p- •19 _ _ d a) O 0 0 (n n c C Y d > N a) T Co � O L fn O N 0 O C C) Cl p UI �. O O O 0) O` O fo y 7 O> L ` .- y O o c _ rn 0 " m y n co o m co E C rn a) 0 E ` L n a) cu 2aa) CYQI- ro coC -- 2' c0oroo ccnco -co O fo y 0 cn •fA a) O - U O fA o L U c a) ro L C U n p a) ~O > C n C .0 '� n U cl- a) c a) f- p j n cu O n 0 O O a) U 0 0 n EO O p 0 7 0 C a) L _d L a) 0 7 ca n Z a) `O a) E Ncr 0 ,0 6 C 'o 7 O C ), C N O a) L L) C O L Q �' croft Et c) fO aci rno c) aCl�) r a) `° co `m c 0 � � E 0 0 c `) c c W t o o �� mE .anin � E 3 E .rn C co = cn N m y co ccai c U m Qco m uo) n 0 -o o 6 19 co o w m E c � 'c a) ` gy m.c _ m n U o m . E a) m cc U c > o c L m a) L N co cm L c_ O c t a) p)= C Q (!1 a) U Q o Q a > O O �? cn co cn rn F- N co co c •— 'o — C = a) c U C= -0 O t 'y N O E a) �i a) ri C a) a) v U cco c' a) c CL -� co - y E cd d ci -6 ai -� w •cn -� = Q s 0 -� u) OC t c Y c) Finding of Conformity Under MEIF 10130 Environmental Assessment No. R-04-54/T-5352 Page 2 `January 27, 2005 project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). 7e � Darrell Unruh Date Planning Manager, City of Fresno KAMasler Files-2004\'REZONE\R-04-054-T-5352-Lennar-Bryan&Shaw-SAC\R-04-54-T-5352-MEIR Finding of Conformity-wpd Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-541T-5352 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-04-54/ T-5352 S4�4o ,� o , ? as' i t,OT' 3 P a -- �a 32, _ __—