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HomeMy WebLinkAboutT-5356 - Conditions of Approval - 2/24/2005 City of ESNO Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559)621-8277 FAX(559)488-1020 October 15, 2004 Please replyto: Bonique Salinas (559) 621-8044 Cal Star Industries 3035 East Malaga Avenue Fresno, California 93725 Dear Applicant: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING TENTATIVE TRACT MAP NO.5356/UGM FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ASHLAN AVENUE, BETWEEN NORTH CORNELIA AND NORTH POLK AVENUES. (APN: 311-222-46) The Fres:io City Planning Commission conducted a noticed public hearing on October 6, 2004 to consider Tentative Tract Map No.5356/UGM approving the tentative tract map application. The tentative tract map application was final at the Planning Commission and, therefore, no Council review was necessary. The Planning Commission resolution (No.12098) is enclosed. Please be advised that the tract map shall become effective upon recordation of a final map or maps of Tentative Tract Map No. 5356/UGM for any portion of the property encompassed by said tentative tract map for which a final map is recorded. As previously mentioned, the Planning Commission approved Tentative Tract Map No. 5356/UGM subject to the conditions noted on the tract map and the attached Conditions of Approval for Tentative Tract Map No. 5356/UGM dated October 6, 2004. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION 7J_�' Bonique Salinas Planner K:\Master r=iles-1"raet Maps`.Fract 5356 6oni:que Salinao(Paul 6-A-04-14)\T-5356-Final Action Letter.wpd Enclosures: Planning Commission Resolution No. 12098 Conditions of Approval for Tentative Tract Map No. 5356/UGM dated October 6, 2004. c: Friant Development Corporation Ennis Consulting FRAO CITY PLANNING COMMISAN RESOLUTION NO. 12098 The Fresno City Planning Commission at its regular meeting on October 6, 2004, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Tentative Map of Tract No. 5356/UGM was filed with the City of Fresno and proposes a 9-lot single-family residential subdivision on 2.39 acres of land located on the south side of West Ashlan Avenue, between North Cornelia and North Polk Avenues ; and, WHEREAS, on May 10, 2004 the West Area Community Plan Advisory Committee unanimously recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated October 6, 2004; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 6, 2004, to review the proposed subdivision and considered the staff report and invited testimony and reviewed the requested subdivision in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds that there is no substantial evidence in the record that the proposed tract map will have a significant effect on the environment and hereby affirms the City Council action of September 28, 2004, adopting the environmental finding of a Mitigated Negative Declaration for Environmental Assessment No. A-04-13/T-5356 dated August 11, 2004. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Tentative Tract Map No. 5356/UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and West Area Community Plan and the findings required pursuant to Section 66410 et seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No. 5356/UGM. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, Brand, Brown, Dibuduo Noes - None Not Voting - None Absent - None DATED: October 6, 2004 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12098 Vesting Tentative Tract Map No. 5356/UGM Filed by Cal Star Homes Action: Approve KAMaster Files-Tract Maps\Tract 5356 Bonique Salinas(Paul B-A-04-14)\T-5356-PC Reso 12098.wpd ah� REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-G COMMISSION MEETING 10-6-04 October 6, 2004 APPROVED BY FROM: STAFF, Planning Division 40;F Planning and Developm epart nt DEPARTMENT DIR SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP NO. 5356/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. A-04-13/T-5356 EXECUTIVE SUMMARY Tentative Tract Map No. 5356/UGM, filed by Cal Star Homes, pertains to 2.39 acres of property, zoned R-1/UGM (Single Family Residential4ftan Growth Management), located on the south side of West Ashlan Avenue, between North Cornelia and North Polk Avenues. The tract map application proposes to subdivide the project site, noted above, into a 9-lot single family residential subdivision. The site is designated for medium-low density residential planned land uses. A plan amendment application to change the planned land use of the site from the low density residential planned land use designation to the medium-low density residential planned land use designation was recently approved by the City Council. The proposed project is in conformance with the 2025 Fresno General Plan and the West Area Community Plan. PROJECT INFORMATION PROJECT Tentative Tract Map No. 5356/UGM proposes to subdivide the site into a 9-lot single family residential subdivision APPLICANT Cal Star Industries LOCATION South side of West Ashlan Avenue between North Cornelia and North Polk Avenues(Council District 1, Councllmember Boyajian) SITE SIZE 2.39 acres LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing - R-1/UGM (Single Family ResidendaUUrban Growth Management Proposed - R-1/UGM (Single Family ResidentiaYUrban Growth Management PLAN DESIGNATION The existing R-1 zone district is consistent with the recently approved AND CONSISTENCY plan amendment for the site (Plan Amendment Application No. A-0413)which resulted in an amendment to the 2025 Fresno General Plan and West Area Community Plan to designate the site for medium-low density residential land uses ENVIRONMENTAL FINDING Finding of Mitigated Negative Declaration issued on August 11, 2004 PLAN COMMITTEE The West Area Community Plan Citizens Advisory Committee RECOMMENDATION recommended approval of the proposed project at its May 10, 2004, meeting REPORT TO THE PLANNING COMMISSION Tentative Tract Map No.53561UGM October 6, 2004 Page 2 STAFF RECOMMENDATION Approve the tentative tract map application and the related environmental assessment BORDERING PROPERTY INFORMATION 1WPlanned Land Use Existing Zoning Existing Land Use North Open Space/Ponding Basin AE-5/UGM Ponding Basin Exclusive Five Acre Agricultural Medium Density Residential R-1/UGM Single Family Residence South Single Family Residential/Urban Growth Management Medium Density Residential AE-5/UGM Rural Residential East Exclusive Five Acre Agricultural Low Density Residential Low Density Residential R-1/UGM Rural Residential West Single Family Residential/Urban Growth Management ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the West Area Community Plan area including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan, has been determined to not be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Therefore, it has been determined that based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). REPORT TO THE PLANNING COMMISSION Tentative Tract Map No. 5356/UGM October 6, 2004 Page 3 A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-04-13/T-5356 was published on August 11, 2004, and the 20-day review period has expired with no appeals received by the Planning and Development Department. BACKGROUND/ ANALYSIS The applicant, Cal Star Homes, has filed Tentative Tract Map No. 5356 for 2.39 acres of property located on the south side of West Ashlan Avenue between North Cornelia and North Polk Avenues. The application will allow for the development of a 9-lot single family residential subdivision, zoned R-1/UGM (Single Family Residential/Urban Growth Management), on the subject site at a density of 3.76 units per acre. Plan Amendment Application No. A-04-13, which was approved by the City Council on September 28, 2004, changed the planned land use of the subject site to medium-low density residential planned land use. The requested density of 3.76 units per acre is consistent with the medium-low density residential planned land use designation. Surrounding land uses are characterized by a ponding basin to the north and rural residences to the east and west. There is also an existing single family residential subdivision to the south of the project site. Access to the subject site will be from West Buckingham Avenue, which is a local residential street. The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management (UGM) Service Delivery policies and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities. The infrastructure requirements have been addressed in the Conditions of Approval for Tentative Tract Map No. 5356/UGM dated October 6, 2004. West Area Community Plan Advisory Committee The West Area Community Plan Advisory Committee reviewed the tentative tract map application at its meeting on May 10, 2004, and recommended approval. Water Resources and Public Water Supply The Water Division of the Department of Public Utilities 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. The nearest presently available water service line is located in West Buckingham Way. 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. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The developer will be required to construct FMFCD "Master Plan facilities"as determined by the district. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD), which is sufficient to accommodate continued planned urban development including the proposed project. REPORT TO THE PLANNING COMMISSION Tentative Tract Map No.53561UGM October 6, 2004 Page 4 The Department of Public Utilities has determined that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed with the environmental assessment. The nearest public sanitary sewer main to serve this project is in West Buckingham Way. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates West Ashlan Avenue as an arterial street, which typically requires 110-foot right-of-way width. The developer will be required to dedicate and construct improvements for West Ashlan Avenue and West Buckingham Way. Other required improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the property. The developer will also be required to construct a median island on West Ashlan Avenue within the limits of the subdivision. These improvements have been addressed in the attached Conditions of Approval for the proposed project dated October 6, 2004. The proposed future development of 9 single family residences on 2.39 acres can be expected to generate an average of 86 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 7 will occur during the morning (7:00 to 9:00 a.m.) peak hour travel period and 9 will occur during the evening (4:00 to 6:00 p.m.) period hour travel period. A substantial portion of the peak hour vehicle trips is expected to utilize West Ashlan Avenue to the east and west and Cornelia to the north and south of the project site. Because some of the immediately surrounding area is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies, and development standards. However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan, will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, development of the project site will be subject to the payment of all applicable development fees including updated, or new, urban growth management fees. The developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will also be required to pay impact fees specific to the traffic signalization of the major street intersections. Landscaping/Walls Given that the proposed subdivision abuts an arterial street, the developer will be required to install a 6- foot high wall along the entire project frontage along West Ashlan Avenue. The developer will also be required to install a 6-foot high wall or approved architecturally designed solid fence along the entire length of the west property line pursuant to Policy W-6-a of the West Area Community Plan. The project will also install 20 feet of landscaping along West Ashlan Avenue. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). REPORT TO THE PLANNING COMMISSION Tentative Tract Map No.53561UGM October 6,2004 Page 5 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-low density residential land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will 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. Planning Commission action on the proposed tentative tract map application, unless appealed to the Council, is final. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the proposed tentative tract and has indicated that there are no issues regarding the proposed project. 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 Tentative Tract Map No. 53561UGM is appropriate for the project site. REPORT TO THE PLANNING COMMISSION Tentative Tract Map No.5356/UGM October 6, 2004 Page 6 Staff recommends the Planning Commission take the following action: 1. AFFIRM the City Council action of September 28, 2004, adopting the environmental finding of a Mitigated Negative Declaration for Environmental Assessment No. A-04-13/T-5356 dated August 11, 2004. 2. APPROVE Tentative Tract Map No. 5356/UGM subject to compliance with the Conditions of Approval dated October 6, 2004. K:\Common\Master Files-Tract Maps\Tract 5356 Bonique Salinas(Paul B-A-04-14)\Tract 5356 Rpt to PC 10-6-04.doc Attachments: Exhibit A/Vicinity Map 1999 Aerial Photo Tentative Tract Map No. 5356/UGM dated July 19, 2004 Conditions of Approval for T-5356/UGM dated October 6, 2004, including memoranda and letters from Public Works Department (8/12/04), Department of Public Utilities, Solid Waste Division (8/11/04), and Fresno Metropolitan Flood Control District (8/19/04) Caltrans letter dated June 14, 2004 Environmental Assessment No. A-04-13/7-5356 (finding of a Mitigated Negative Declaration), issued on August 11, 2004 EXHIBIT "A" r- W. i�Ij F1£ v l I I W. RICHERT AVE p I f , AVE w- -- -A- . AE-5-UGM- ''i� ,w( , �1„ T t ♦�,. 1L t -l. ��.. SQ W lOT"A" SID �1 � r Ia. t F 14� �i W SWIFT m 43 441 I ♦ a {. 7 1 3s ,� K ♦♦ I =1 I 1 >R is lot 1 or � � z I�2 �s\ �♦.b— --�' AVE I W W1FT ks4 w+ 10 TRMLa �� — — — -"•,r — I n In ist tis 1bb H4': f0 s n . p s { I y1 j I W. 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Avimme iE I i I ollawo� �L V&SHAON _ a sa(oH o v �� I I CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL October 6, 2004 TENTATIVE TRACT MAP NO. 5356/UGM Located on the north side of West Buckingham Way, south of West Ashlan Avenue between North Polk and North Cornelia Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption 'Urban Growth Management Requirements.' NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon approval of Vesting Tentative Tract Map No. 53561UGM dated July 19, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12- 1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Planning and Development Department for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 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 Tentative Tract Map No.5356/UGM October 6, 2004 Page 2 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property," Resolution No. 68-187, "City Policy with Respect to Subdivisions," and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420), and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title, or interest and the nature of their interest per State law. 9. Relinquish access rights to West Ashlan Avenue from the northerly property lines of all residential lots that abut this street (Lots 4, 5, and 6). Ref. Section 12-10114-3 of the Fresno Municipal Code. Landscaoina and Walls 10. Provide a 20-foot landscape strip (and irrigation system) along the rear property lines of all lots which back-onto West Ashlan Avenue. Front yard landscaping shall be provided for all homes, pursuant to policies of the West Area Community Plan. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 11. 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. CONDITIONS OF APPROVAL Tentative Tract Map No. 5356/UGM October 6,2004 Page 3 12. Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots which back onto West Ashlan Avenue and along the western property line of the subject parcel pursuant to Policy W-6-a of the West Area Community Plan (solid walls to meet the requirements of Section 12-306-H, Fresno Municipal Code). Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 13. Maintenance of the required landscape easements along West Ashlan Avenue may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division staff for information regarding the city's district and comply with the requirements noted in the memorandum from Joe Paff in the Public Works Department, dated August 12, 2004. 14. 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, Public Works Department, with copies of signed acknowledgements from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that he/she is aware of the estimated amount of the assessment. 15. Should the City Council not approve the annexation of such landscape areas into Community Facilities District, the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&R's dated January 11, 1985. 16. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Building Setbacks 17. All single story homes located on Lots 1, 2, 3, and 4 require a 30-foot rear yard setback along the west property line of the subject site pursuant to Policy W-6-a of the West Area Community Plan. Two story homes require a 40-foot rear yard setback on these lots. 18. All other building setbacks shall be in accordance with the R-1/UGM zone district (FMC Section 12-211.5-E) and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit"A"of Tentative Tract No. 5356/UGM dated July 19, 2004. CONDITIONS OF APPROVAL Tentative Tract Map No. 53561UGM October 6, 2004 Page 4 Information 19. 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. 20. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 21. 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. 22. 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. 23. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact telephone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number: 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/ Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. CONDITIONS OF APPROVAL Tentative Tract Map No. 5356/UGM October 6, 2004 Page 5 24. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel, or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and, c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 25. 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. SOLID WASTE DISPOSAL 26. Solid waste disposal for the subdivision shall be provided by the City of Fresno in accordance with the attached memorandum from the Solid Waste Division dated August 11, 2004. PARK SERVICE 27. Provide median island landscaping on all arterial streets and street trees within all parkways (60-foot spacing)within this subdivision. 28. Street trees shall be planted at approximately 60-foot spacing or minimum of one tree for each lot. Corner lots and lots with street frontage on more than one side are required to provide additional trees. CONDITIONS OF APPROVAL Tentative Tract Map No. 53561UGM October 6, 2004 Page 6 29. Landscape and irrigation plans (median island and street trees within all parkways) must be submitted to the Public Works Department for review and approval during the Final Map process Urban Growth Management Reauirements 30. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 31. The proposed tract is located within 3 miles of City of Fresno Fire Station No. 16 (both permanent and temporary sites). 32. Access is acceptable as shown. There shall be at least two points of access to the subdivision during construction. Urban Growth Manaaement Requirements 33. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 34. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 35. Street Improvement Plans, prepared by a registered Civil Engineer are required. Signing and Striaing,plans are to be submitted as Dart of the Street Improvement Plans. A complete set of plans must be submitted to the Public Works Department, Engineering Division, Plan Check, and GIS Mapping Section, (559) 621-8682, 2dg to issuance of building and street work permits. (Signing and Striping plans must conform to the current Caltrans Standards). 36. 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 comers 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 Tentative Tract Map No. 5356/UGM October 6, 2004 Page 7 37. Handicap access ramps are required at all corners within the limits of this tract. Identify comer cut dedications on all interior streets. 38. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2004 Edition). 39. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 40. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the city, the street lighting system shall be dedicated to the city. Submit engineered construction plans to the Public Works Department for approval. 41. 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. 42. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Section 12-1011, 8-801 and Resolution No. 78- 522/8-229. Major Streets West Ashlan Avenue 43. Dedicate a 45-foot to 67-foot easement for public street purposes along West Ashlan Avenue within this subdivision, as shown on Exhibit "A° of Tentative Tract No. 5356/UGM dated July 19, 2004. 44. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 45. Construct 20 feet of permanent paving within the limits of the subdivision. 46. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for arterial streets. CONDITIONS OF APPROVAL Tentative Tract Map No. 53561UGM October 6,2004 Page 8 Interior Streets 47. 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 50-foot streets. Urban Growth Management Requirements 48. The project site is located within the Urban Growth Management (UGM) major street zone E-4. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this development will be computed during the building construction plan check process. 49. Construct a raised concrete median island within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. SANITARY SEWER SERVICE The nearest existing sewer capable of serving the project is an 8-inch sewer main in West Buckingham Way, south of the subject property. The following conditions are required to provide sanitary sewer service to the tract. 50. Sanitary sewer main shall be extended within the proposed tract to provide sewer service to each lot created. 51. Separate sewer house branches shall be provided to each lot created within the subdivision. 52. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications and policies. 53. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the city sanitary sewer system. CONDITIONS OF APPROVAL Tentative Tract Map No.5356/UGM October 6, 2004 Page 9 Urban Growth Manaaement Requirements 54. The following sewer connection charges are due and shall be paid for the project: - Sewer Lateral Charge - Oversize Sewer Charge -Trunk Sewer Charge: Cornelia -Wastewater Facilities Charge (Residential Only) WATER SERVICE The nearest water main to the project is a 6-inch main located in West Buckingham Way, south of the subject site. The following conditions are required to provide water service to the subdivision. 55. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 56. Separate water services with meter boxes shall be provided to each lot created. 57. 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. 58. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 59. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City Water System. Urban Growth Management Reguirements 60. Payment for installation of water service(s) and/or meter(s) is required. 61. Water connection charges are due and shall be paid for the project. CONDITIONS OF APPROVAL Tentative Tract Map No. 5356/UGM October 6, 2004 Page 10 URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 62. 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. 63. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acguisition 64. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 65. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. CONDITIONS OF APPROVAL Tentative Tract Map No. 53561UGM October 6, 2004 Page 11 66. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements, which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated August 19, 2004, which has been attached. 67. 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. DEVELOPMENT FEES AND CHARGES 68. This project is subject to the following development fees and charges: GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a)shall be filed 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 other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. 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 $29.00 CONDITIONS OF APPROVAL Tentative Tract Map No. 5356/UGM October 6,2004 Page 12 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE g. Metropolitan Flood Control District Fee ` Contact FMFCD for new fees. Rates increased March 1, 2004 SEWER CONNECTION CHARGES FEE/RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charge $419/living unit Service Area: Cornelia 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 q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $700/net acre S. Transmission Grid Main Bond Debt Service Charge $304/net acre t. UGM Water Supply Fee $442/living unit Service Area: 301 CONDITIONS OF APPROVAL Tentative Tract Map No. 5356/UGM October 6,2004 Page 13 U. Well Head Treatment Fee $192/living unit Service Area: 301 V. Recharge Fee $0/living unit Service Area: 301 w. 1994 Bond Debt Service $60/living unit Service Area: 301 DEVELOPMENT IMPACT FEE FEE/RATE X. Northeast Fresno Policing Area n/a URBAN GROWTH MANAGEMENT FEE/RATE y. UGM Fire Station Capital Fee $1,242/gross acre Service Area: 16 Z. UGM Park Fee $1,230/gross acre Service Area: 4 aa. Major Street Charge $2,435/adj. acre Service Area: E-4 bb. Major Street Bridge Charge $135/adj. acre Service Area: E-4 cc. Traffic Signal Charge $860/adj. acre dd. UGM Grade Separation Fee n/a ee. Trunk Sewer Charge n/a Service Area: ff. 'Street Acquisition/Construction Charge n/a l(ACommonWaster Res-Tract Maps\Tract 5356 Bonique Salinas(Paul B-A-0414)\Tract 5356 COA.doc City of L�Ct."s�� PUBLIC WORKS DEPARTMENT DATE: August 12, 2004 REVISED CONDITIONS _ TO: BONIQUE SALINAS, Planner I Planning and Development Department r FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5356 AND CITY OF FRESNO COMMUNITY FACILITIES DISTRICT 1. If approved by Council, the following features shall be maintained by a Community Facilities District. ■ Landscaping and Irrigation systems as approved by the Parks Department Within the street easements, including 50% of the center island median, and theme' wide landscape easement along the property lines that back-onto W. Ashlan Avenue. ■ Maintenance of all local Streets, Curbs and Gutters, Sidewalks, Medians and Street Furniture within the boundary of the tentative map as approved by the Public Works Department. ■ Maintenance of all Curbs and Gutters, Sidewalks, Medians, Street Furniture and the Street (to centerline)as approved by the Public Works Department within W. Ashlan Avenue bordering the tentative map. ■ Maintenance of all Curbs and Gutters, Sidewalks, Medians, Street Furniture and the Street(to centerline)within W. Buckingham Way bordering the tentative map. ■ Maintenance of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Parks Department within the boundary of the tentative map. 2. Should the City Council not approve the annexation to a CFD of any or all of the maintenance items listed in section 1 above , then the property owner/developer shall create a homeowner's association for the maintenance of those items. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 8695 File:lwordlcfd2lttm apreview\tt5356 City of CisC�\t�wi Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, Califomia 93706-2014 (559) 621-1452 www.fresno.gov August 11, 2004 TO: Bonique Salinas, Planner I Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5356, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5356, which was submitted by Ennis Consulting on behalf of Friant Development Corporation. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5356 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day,before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Special Conditions: • There shall be no parking in any cul-de-sac on the solid waste service day. Lots 2 through 8 shall be clear of all vehicles by 6:00 a.m. JAConditions of Approval_TT5356.wpd File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro,Planning Manager CAL STAR INDUSTRIES Planning & Development Department 3035 E. MALAGA AVE. City of Fresno FRESNO, CA 93725 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5356 PRELIMINARY FEE(S) (See below) M4 DRAINAGE AREA(S) " AJ AK DRAINAGE AREA AJ $5,738.00 DATE Q-f rgf py DRAINAGE AREA AK $4,108.00 TOTAL FEE $9,846.00 -' The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z— Califomia Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5356 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 AL-2- C. —?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). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. 5356 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 O in permit compliance,and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5356 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments,recommendations and requirements. Gerald E. Lake an, Pro/et Engineer: Jamie Miller District Engineer, Assistant General Manager C: ENNIS CONSULTING 4045 N. FRESNO ST FRESNO, CA 93726 5356 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3293 - FAX(559)456-3194 Two sided document \ 1 NOTE: \ I THIS DRAWING IS SCHEMATIC, BASIN "AJ" DISTANCES ARE APPROXIMATE. I 18" RELIEF LINE- 1 ---------------------------------\---------------------------- AS H LA N AVE. }———— 36'_ _•____3s_' - -_ 18" RELIEF LINE ti k, W "AJ" ,. "AJ" <t "AK"... "AK"... a r; 4h y � D s' z W BUCKINGHAM WAY z a 0 LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER — INLET & LATERAL —— EXISTING MASTER PLAN FACILITIES DIRECTION OF DRAINAGE ------ INLET BOUNDARY SCALE i"= 100' DRAINAGE AREA BOUNDARY TRACT 5356 \`w EXHIBIT N 0. 1 DRAINAGE AREA: "AJ" & "AK" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT TAYLOR' 072904 K:\AUTOCAD\OWLS\OEXHIBIT\TRACTS\5356.DWG Rn. 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/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. Development No. Tract 5356 engAperm it\exh ib itsNract\53 56(im) JUIN.14-c-'004 j-01h'111 LHL I KHJIb rL"11111Yb NU.y02 P.1/1 CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND ENTITLEMENT APPLICATION REVIEW OF PLAN AMENDMENT APPLICATION NO. A,04,013 Caltrans Return Comoleted Form to: Paul Bernal, Planner II ph: 621-8073 Planning&Development Department 2600 Fresno Street,Third Floor Fresno CA 93721.3604 PROJECT DESCRIPTION AND LOCATION: Plan Amendment Application No. A-04-013 proposes to amend the 2025 Fresno General Plan and the West Area Community Plan from the low density residential planned land use designation to the medium-low density residential land use designation for 2.39 acres (gross) located on the north side of West Buckingham Way, south of West ' Ashcan Avenue between.North Polk and North Comelia Avenues. Related Tentative Tract Map No. 5356 proposes nine residential parcels on the property with a cul-de-sac street opening to West Buckingham Way. APN: 311-222A6 ZONING: R-1/UGM ADDRESS: North side of West Buckingham Way DATE ROUTED: June 8, 2004 COMMENT DEADLINE: June 18, 2004 ff no resporxse is rvcWvad by the comment dand!lnao It wiff be assumed you have no comments to submit. WILL,THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes.specify.) [�C�GC�D�IC�D SUGGESTION(S)TO REDUCE IMPACTWADDRESS CONCERNS: J U N 14 2004 Planning Division Development Department CITY OF FRESNO RECOMMENDED CONDITIONS OF APPROVAL: D IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (if yes, list specific information.): r REVIEWED BY: r -yam~y Name and Title Telephone Number Date is We a Camrnunity Plan Attachments: P Application/opentional5tatament o VIelnityMap/APN ❑ Site PianlBuiidvng Elevations 0 Other CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEDED Initial Study is on file in the Planning and Environmental 2W �I_)f: I , Qin E�; ( g Development Department, City Hall Assessment Number: 2600 Fresno Street, Fresno, California 93721 A-04-13, T-5356 CITY CLERK, FRESNO Ct' 559 621-8277 APPLICANT: Cal Star Homes Assessor's 3035 East Malaga Avenue Parcel Number: Fresno, California 93725 311-222-46 PROJECT DESCRIPTION AND LOCATION: Plan Amendment Application Filed with: No. A-04-13 and Vesting Tentative Tract Map No. 5356 filed by Cal Star REBECCA E. KLISCH, City Clerk Homes pertain to 2.39 acres of property located on the north side of West 2nd Floor-City Hall Buckingham Way, south of West Ashlan Avenue between North Polk and 2600 Fresno Street North Cornelia Avenues. The plan amendment application proposes to Fresno, California 93721-3603 amend the West Area Community Plan and 2025 Fresno General Plan from the low density residential to the medium low density residential planned land use. Vesting Tentative Tract No. 5356 proposes to subdivide the subject property at a density of 3.77 units per acre totaling 9 single-family residential lots. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance"contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Paul Bernal SUB Y: Planner DATE: August 11, 2004 GILBERTJ. HARD, Plan g Manager PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. A-04-13IT--5356 1!0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or off 1 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3_0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare,unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7_0 NOISE 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 1 7.2 Exposure to high noise levels "0" Insufficient Information 8_0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9_0 LAND USE effect in this category, or any such effect is not substantially 2 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 1 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system Impact Report,and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists, bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. INITIAL STUDY Environmental Assessment No. A-04-131T-5356 PROJECT DESCRIPTION Plan Amendment Application No. A-04-13 and Vesting Tentative Tract Map No. 5356/UGM, filed by Cal Star Homes, pertain to 2.39 acres of property located on the south side of West Ashlan Avenue between North Polk and North Dante Avenues. The plan amendment application proposes to amend the West Area Community Plan and the 2025 Fresno General Plan from the low density residential planned land use to the medium low density residential planned land use. Vesting Tentative Tract No. 5356/UGM proposes to divide the 2.39 acre site into nine lots for the development of single-family residences(approximately 3.76 dwelling units per acre). Bordering Property Information oPlanned Land Use Existing Zoning Existing Use North Open Space AE-5/UGM Vacant Exclusive Five-Acre Agricultural/Urban Growth Management South Medium Density Residential R-1/UGM Single Family Residential Single Family Residential/Urban Growth Management East Low Density Residential R-1IUGM Single Family Residential Single Family Residential/ Urban Growth Management West Low Density Residential R-1/UGM Single Family Residential Single Family Residential/ Urban Growth Management The project area is located within the westernmost portion of the City of Fresno's adopted Sphere of Influence and Urban Boundary area, which is planned for low density residential uses by the West Area Community Plan, adopted in 2002, and the 2025 Fresno General Plan, also adopted in 2002. Environmental documents for previous plan actions include Final EIR No. 10130(2025 Fresno General Plan). Additional environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118(Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion)and Final EIR No. SCH 95022029(Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and conclusions, together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence. Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. The proposed project has been evaluated with respect to the provisions of the adopted 2025 Fresno General Plan(City Council Resolution No. 2002-379)and the corresponding potential adverse environmental impacts, adopted environmental impact mitigation measures and determinations of overriding considerations established by the certification of the related Master Environmental Impact Report (MEIR) No. 10130 (City Council Resolution No.2002-378). The proposed project,which includes an amendment of the adopted 2025 INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 2 August 11, 2004 Fresno General Plan, has been determined to not be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act(CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Based upon an analysis of the project,as summarized in the following environmental assessment initial study, it has been determined that the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. However, these potential impacts have been determined to be equivalent to or less than those adverse impacts identified by MEIR No. 10130. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Therefore, it has been determined that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1)and (2)• MEIR No. 10130 examined the potential adverse environmental impacts of implementation of the 2025 Fresno General Plan,which provides plans and policies to accommodate projected population and employment growth through the year 2025. The City of Fresno has determined that specific economic, legal, social, technological and other considerations related to the implementation of the 2025 General Plan outweigh the unavoidable adverse environmental effects identified in the Final MEIR, including any effects not mitigated because of the infeasibility of mitigation measures and that the identified adverse environmental effects are considered acceptable. It has been determined that the proposed project will contribute to the creation of moderate environmental effects compared to the development of medium high residential planned uses analyzed by the 2025 MEIR or the project may be adversely impacted by environmental situations addressed below. The following impacts were identified by City Council Resolution No.2002-378 certifying Final MEIR No. 10130 (2025 Fresno General Plan Update) as significant but mitigable effects: 1. Impact on Water Supply, Quality and Hydrology. 2. Increased Demand for Utilities and Service Systems. 3. Increased Demand for Public Services. 4. Increased Demand for Recreational Services. 5. Loss of Biological Resources. 6. Potential Disturbance of Cultural Resources. 7. Geology and Soils Impact. 8. Increased Demand for Energy. 9. Potential Aesthetic Concerns. In addition, Resolution No. 2002-378, also identifies the following unavoidable significant impacts and statement of overriding considerations for these impacts: 1. Transportation and Circulation-The vehicular traffic level of service (LOS) of E and F projected for segments of the Herndon Avenue Expressway and other identified major street segments are considered a significant and unavoidable adverse impact which can not be completely mitigated. Furthermore, there are no reasonable mitigation measures available to only the City of Fresno which would reduce this impact to a less than significant level while allowing for the implementation of other appropriate alternative transportation facilities. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 3 August 11, 2004 2. Air Quality-The adverse air quality impacts associated with the myriad of activities associated with the long range general plan for the Fresno Metropolitan area can be expected to be significant and unavoidable, and can not be completely mitigated. Furthermore, there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of air quality impacts to a less than significant level. In order to provide a suitable living environment within the metropolitan area, the plan strives to facilitate expanded economic growth that will support increased employment opportunities. 3. Preservation of Agricultural Land-The conversion of agricultural land to urban uses within the planned boundary to accommodate the projected population and employment growth of the 2025 Fresno General Plan is a significant and unavoidable adverse impact, which can not be completely mitigated. Furthermore, there are no reasonable mitigation measures available only to the City of Fresno which would assure the reduction of impacts upon agricultural land within the planned urban area to a less than significant level,while also allowing for prudently planned development to accommodate projected population and employment growth. 4. Noise- The innumerable activities associated with urban living environments typically generate noise that contribute to the ambient noise levels that occur within the community. The MEIR identifies numerous mitigation measures intended to reduce the impact of increased noise upon sensitive land uses. The 2025 Fresno General Plan, as the project, also specifies numerous general plan goals and implementing objectives and policies directed to reducing exposure to excessive noise levels. However, sufficient mitigation measures are not reasonably available only to the City of Fresno, which would assure the reduction of noise impacts to less than a significant level. In addition to MEIR No. 10130, other environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR No. SCH 95022029(Fresno Metropolitan Water Resources Management Plan). There environmental impact analyses and conclusions, together with supporting technical studies,further address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate the growth projected by the 2025 Fresno General Plan. To the extent that these referenced environmental impact analyses, conclusions, findings and mitigation measures are applicable to the subject project they are incorporated herein by reference, pursuant to CEQA Guidelines Section 15150. 1.0—TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining property owners. 2.0—AIR QUALITY: 2.1—Substantial Indirect Source of Pollution As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 4 August 11, 2004 With respect to the Fresno area, the SJVAB has been classified as follows: • Ozone. Recently reclassified from "serious nonattainment" to "severe nonattainment" by the U.S. E.P.A. Classified as "severe nonattainment" by the State. • PM,,. Classified as"serious nonattainment"at the federal level. Classified as"nonattainment"by the State. • CO. Recently reclassified from "nonattainment" to"attainment" by th U.S. E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. • SO2. Unclassified at the federal level. Classified "attainment" at the State level. • Sulfates. (No federal standard.) Classified "attainment"at the State level. • Lead. (No federal standard.) Classified "attainment" at the State level. • H2S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone and PM,, the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. The SJVAB reclassification from "serious nonattainment" to "severe nonattainment" at the federal level requires the SJVAPCD to prepare a new attainment plan, due to the U.S. E.P.A. in mid-year of 2003, that demonstrates attainment by 2006. The new attainment plan will include more stringent permitting requirements and a greater level of control on stationary source emissions within the District. Failure to implement control measures may result in a loss of federal funding for highways and may require sanctions on stationary sources. As a result of the SJVAB's classification of"severe nonattainment"for ozone by the State,the valley is subject to the most stringent requirements in the California Clean Air Act. These include providing for a 5% per year reduction in nonattainment emissions,or including"every feasible measure"in the Air Quality Attainment Plan; establishing a permitting program that achieves a no-net-increase in stationary source emissions;developing strategies to reduce vehicle trips and miles traveled;increasing average vehicle ridership to 1.5 persons during commute hours;reducing population exposure to non-attainment pollutants by 25%;establishing best available retrofit control technology requirements for permitted sources; and developing indirect and area source programs. As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are,in turn, implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 5 August 11, 2004 The Air District has suggested that the URBEMIS 2001 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions:ROG(Reactive Organic Gasses), NOX(Nitrogen Oxides), CO(Carbon Monoxide), PM,o(Particulates)and SOX(Sulfur Oxides)which are summarized below. URBEMIS 2001 AIR QUALITY IMPACTS" All data in tonslyear ROG NOX CO PM10 SOX Area Source Emissions 0.18 0.04 0.04 0.00 0.00 Operational Emissions 0.76 0.91 9.03 0.03 0.01 Totals 0.94 0.95 9.07 0.03 0.01 Level of Significance or 10 10 100 14.6 27.375 Requirements for Offset **Based on 9 single family residential units The URBEMIS 2001 model projections indicate that the proposed project will not exceed the threshold limits for the emissions listed. This particular analysis included the prohibition of wood burning devices. It also included the mitigation measures which are listed below. The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations, and strategies. In addition,the construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District(SJVAPCD) Regulation Vlll, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a number of strategies to improve air quality including a transportation control strategy and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping, pedestrian and transit access features. To provide continuous travel,bike lanes are also required on West Ashlan Avenue. Other mitigation measures in addition to the required bike lanes are required sidewalks and pedestrian paths, pedestrian connections, lighting and other safety features for pedestrians and cyclists, street lighting and appropriate signage and signalization that will promote pedestrian and other modes of transportation. The 2025 Fresno General Plan and the West Area Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks,and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees,frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 6 August 11, 2004 Mitigation Measures 1. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. 2. A bicycle lane is required along West Ashlan Avenue. Sidewalks and pedestrian paths, pedestrian connections, lighting and other safety features for pedestrians and cyclists, street lighting,and appropriate signage and signalization are required to promote alternative methods of transportation. 2. Approval of the proposed project shall be conditioned upon compliance with the San Joaquin Valley Unified Air Pollution Control District(SJVUAPCD)Regulation VIII, Rule 8020, as related to fine particulate matter and dust. 3.0—WATER; 3.1—Insufficient Groundwater Available for Long-Term Project Use Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations,as well as high consumptive use of water on a per capita basis (267 gallons per day capita), have resulted in a decline in the total usable potable water supply. The City of Fresno is currently implementing a number of strategies aimed at managing existing groundwater resources, including location and construction of groundwater recharge facilities to purify and replenish the ground water; construction of a surface water treatment and distribution facility; and routine testing of groundwater to identify contaminants and construct well head treatment facilities as necessary to remove contaminants from the groundwater. The City of Fresno Department of Public Utilities has confirmed that an adequate source of water is available to serve the proposed project (9 single family residential lots) and estimates a peak water demand of 21 gallons per minute. The nearest public water mains are located in West Buckingham Way. The project is located in UGM Water Well Service Area No. 301-S. Mitigation Measures 1. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. 2. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130/2025 Fresno General Plan Mitigation Monitoring Checklist dated August 11, 2004. 3. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. 4. Construction of required facilities to serve the proposed project will be determined through the review process for Vesting Tentative Tract Map No. T-5356/UGM. ■ INITIAL STUDY Environmental Assessment No. A-04-131T-5356 Page 7 August 11, 2004 4.0—PLANT LIFE: and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. 7.0—NOISE The project site will be exposed to vehicle traffic noise due to its location adjacent to a planned arterial major street(West Ashlan Avenue). Arterial streets are typically developed with four to six travel lanes (two or three in each direction)and a center median island with single or dual left turn lanes at intersections. Arterial streets have the capacity to accommodate average daily vehicle trips of 36,000 and collector streets can accommodate average vehicle daily trips of 24,000, although projected daily traffic volumes are substantially less than these maximum capacities. Implementation of applicable development policies and zone district standards provide for the substantial reduction of traffic generated noise. Where single-family residential lots are proposed to back onto major streets, a ten-foot landscaped area from the edge of the street pavement to a block wall barrier(not less than six feet in height) is required. Confirmation of compliance with the City's noise element standards for residential environments will be assured with the final project design and a noise calculation analysis. Typically the implementation of these design measures assure compliance with the City's noise element standards of 45 dBA Ldn, or less, interior noise and 60 dBA Ldn, or less, exterior noise exposure. 9.0—LAND USE The plan amendment application proposes the change of planned land use from the low density residential designation to the medium low density residential land use designation for the entire project site. The 2025 Fresno General Plan and West Area Community Plan currently designate the subject site for low density residential planned land uses. The plan amendment application requests a change in land use to the project site for the proposed future development of nine single family residential dwellings. Currently the entire site is zoned R-1/UGM (Single Family Residential/Urban Growth Management). Policy W-1-b of the West Area Community Plan states that the City should "encourage project development proposals which result in the in-filling of existing urban areas". The development of the 2.39 acre project site, which is surrounded by urban uses, meets the goals of this policy. The project will also be subject to the design standard requirements for nonclustered single family residential development noted in West Area Plan Policy W-4-c through the tract map review and approval process. The proposed land use is compatible with the applicable community and general plan goals, policies, and implementation measures intended to provide for the efficient uses of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and,the implementation of a functional land use pattern consistent with the population and economic growth projects of the Fresno General Plan. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 8 August 11, 2004 Based on the applicability of adopted development standards, plan policies/implementation measures, and applicable mitigation measures of the above-referenced environmental documents, and with consideration of the proposed land use relationship,and recommended neighborhood unifying design principles,it is concluded that the proposed plan amendment will further promote the achievement of the planned urban form and land use objectives of the 2025 Fresno General Plan and the West Area Community Plan. 10.0—TRANSPORTATION AND CIRCULATION The development of the project site with the proposed nine single-family residences, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and West Area Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. West Ashlan Avenue is a designated arterial street by the general plan. The city's public works development standards provide for the arterial streets to be development with two to three travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. The arterial street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (incorporated herein by reference) utilized macro-level traffic analysis techniques to examine the traffic flow level of service (LOS) for major street segments that would occur in the year 2025. This analysis utilized the unadjusted COG traffic model projected traffic volumes and the Florida Tables,which are an accepted national tabular standard of the Highway Capacity Manual(HCM) methodology. LOS is a characterization of a street's traffic flow operations that range from an LOS of A (reflecting a very low traffic volume with no travel delay) to an LOS of F (reflecting a very high traffic volume with substantial congestion and travel delay). Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. The traffic analysis prepared for the 2025 Fresno General Plan and the associated Master Environmental Impact Report(MEIR) No. 10130 utilized the Fresno County Peak Hour Travel Model of the Council of Fresno County Council of Governments (COG) to project average daily vehicle trip (ADT) volumes on major streets. With development of the project site and surrounding planned urban uses designated by the general plan through the year 2025, projected ADT volumes of 18,400± on Ashlan Avenue can be anticipated. With anticipated improvements completed by the development of planned land uses as required by city standards and policies, this street is expected to ultimately function with a level of service(LOS) of C on Ashlan Avenue. The LOS C is indicative of streets that accommodate vehicle traffic demands with few delays or constraints. The proposed future development of single family residences on a 2.39 acre project site can be expected to generate an average of 86 vehicle trips per day(VTD). Of these vehicle trips, it is projected that 7 will occur during the morning (7:00 to 8:00 a.m.)peak hour travel period and 9 will occur during the evening(4:00 to 6:00 p.m.) period hour travel period. A modest proportion of these projected trips are expected to access State Routes 99 and 180. The existing planned land use, medium low density residential, could be expected to generate up to 86 vehicle trips per day. This results in a 33% increase in the amount of traffic generated by the project site. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 9 August 11, 2004 A substantial portion of the peak hour vehicle trips are expected to utilize Ashlan Avenue. Because some of the immediately surrounding area is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan,will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition,development of the project site will be subject to the payment of all applicable development fees including updated, or new, urban growth management fees. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act -AB 1600) which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model it will be applied to any final tract map or other applicable development entitlement for this project. In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate, upon submittal and approval of a development plan, a portion of the subject site for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line,a Director's Determination, or a local street public improvement standard as determined by the Director. Every development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition, the residents of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. These and other street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to and recognize the traffic generating characteristics of individual properties and, at the same time, afford the community an adequate and efficient circulation system. Mitigation Measures 1. Construct all required street and/or intersection improvements as determined through the review process for Vesting Tentative Tract Map No. T-5356/UGM. 2. Payment of all applicable development impact fees including update, or new, urban growth management fees. 3. The proposed shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. 4. The proposed project shall implement and incorporate, as applicable, the traffic related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130, 2025 Fresno General Plan Mitigation Monitoring Checklist dated August 11, 2004. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 10 August 11, 2004 11.0—URBAN SERVICES 11.1—Availability of Fire Protection The project site is located within the city's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. The proposed project is located 2.25 miles from City of Fresno Fire Station No. 16. 11.6—Availability of Sewer Lines of Adequate Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the 1984 Fresno General Plan's projected population holding capacity of 588,000 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 Public Utilities Department has determined that the estimated average daily sewage flow generated by this project is 3,105 gallons per day. It has also been determined by Public Utilities Department staff that adequate sanitary sewer service is available to serve the project. The nearest public sanitary sewer main to serve this project is located in West Buckingham Way. Mitigation Measures 1. Construction of required facilities to serve the proposed project will be determined through the review process for Tentative Tract Map No. T-5356/UGM. 2. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated August 11, 2004. 11.7—Availability of Storm Water Drainage Facilities On or Off Site The Fresno Metropolitan Flood Control District states that the project site is located within the District's Drainage Area "AK" and that the system can accommodate the proposed development. 14.0—HISTORICAL/ARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. INITIAL STUDY Environmental Assessment No. A-04-13/T-5356 Page 11 August 11, 2004 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act(CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. This is based upon the mitigation measures required as conditions of project approval which are referenced by this environmental assessment and are conditions upon which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. 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Z y > w E M y M m 3 LU N m e- my m Z nc o = ,s Edi o mL m m c •c c m _ _ N W .0 O � m � m z C L •-m• Li 0 N ` O C m 9 y C O C y fn N (D.- M_N E2M C CQ y 0 O � � (p O O > 7 w O N O c Q m N CL tLn CD N j V O c cC C� .0 m m �' c � � ya m 8 LOL am T a) t p CD 0 N C LO g > �' � ° d m g 'Er �' m mm c mm CL rnm c0 (D o � M0 . o MF- o ~ O C '- 0 m c m c �' aci d CD -0 d CD m m m 8 U) C 2 LD " ` D. c C y 7 c U U Q 0 CLO C ` y w m y ti v v � v Cr E o m m c c ow _ a) - C v w w O U n m Z m f0 m V E 0 (D C m 3 0 N U N N .m. mm m O p N � C ti m C O fwC C� L w ti c W m oma c -0 c' y rn c c m �' cLm. ¢ m � 0 m c m m s m m o cn d � om0 � m w `� n ?� cm Qm .' cc •6 CD " m0 0 g m m m m �O 2 a LL X W X O V N r CO r X w+ 11 illllij��1111��i III III,III Mimi H Q X X X 7 W Q z00 0 0 0 Cu o Cu o Q c c c c c o c c o c M w+ JW r- ° Cu r- ° op @m o @o E OQ CL �-a, 0) n 0) n 0) n Co 0) n co 0) n c o c o c o c� •- c o , � c o 0) W C - � m c5omE a - CD c - o V > � � � � 2CL) t-coyv, m c—co � m Z a U a U a U 2 a U a U 2 a a U p N WCL wo- rt ♦, WW a2 0 - c c c Q vZ _N = � HoeCD r- n_oa-bio rn rn rn aZ JCC W cc° E . o)p O O O IL V a o r- a) G .o - CL) LU LL IL -J OcnomW OCC m Ovmi � m 0 0 0 C c y >, a) CD N m y c y W Q7LO O O U :� cc9 'yt N > U _ c 0 ° O N V W �0 Cu Z � o 0CL)= 'R �S2Cook oCL)c@ ° N t r Z � cc = n c > 0) cc d = c 3 w v � ~ r- m y ? = m E Co d c coimmw' 0) °' m SOU ° '5< - ° o � a°ic 0) d vyic>i CD acZn onCD w � a Lew @ .0 0 CL0 CD HW oma — co > m � � o @cEo o � p � ° rn O � � ° E ' c° w o ° co 0 0 �' Z CD aQ c -Cu m o v = @ yCD c Z + :: a) a) vyi y O � C) •C @ � N � N ° c C � W W �p o Cog n o $ t co m m m t!! w O y O •�CD C a) N E E U U w O d cn a) y o C Z NQ y O c CD C n N . 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U c — ° c o CD _ Z cD c m Q �amcw w ow° � U cy � NcavcDiyc c ' � � nn o tC C7 o`a � E mo = ccoa) 00S ° a) rno � _H � nE � � ° a � > mc ` o ca .w = a°iE ° n- ° a' a°icn C") V5 o ? v c o m E 0 c y y cin c nE5 . ° � c Z s >, o U N c > Ea a m a ° w nc o o cc v o �' o w m C E .° ° = a) a) Q) C t •c y Q) O E •fe w C C N > N •p �! cc o.> n a) T aov a) a) m m m 'Co Q) > 3 o wt �' m z n` O N M O @ > — a) c U - _ € w C a) 7 L ~ W Wcc o rn n•- a> Q U �O W w N L fq Cp d t •• U L V 7 Z ° N fn D1 0' W c9 C `; ° = O U cm U tq . COL �n c9 ° a) U C — •° C w d p N O .° 2 _ ? (cc a) Of y — N ca C :. 3 ' -c C — Q) ca a) = E v p cc I rn Z U Y E C C O y Q) 'y c ° E U y d Cl N x Cl ._ r C pl w H C a) rn O w -O Q) .�'. 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